The article defines several theoretical and practical issues of the execution of the notaries actions based on the comprehensive review of the norms of the effective legislation on notaries, drafts of Federal Law “On notary and notaries service in the Russian
Federation”, and legal practice
The article subjected to a detailed analysis of the norms of a number of Federal laws, fixing the liability insurance for members of self-regulatory organizations. The author shows the benefits of liability insurance of members of self-regulatory organizations in comparison with another way to ensure property accountability is the compensation Fund of the self-regulatory organizations. It turns out the legal nature of the contract of insurance property liability of the members of self-regulatory organizations, types of property risks in the insurance contract that applies to the members of self-regulatory organizations. It is noted that the issue of liability under contracts of members of self-regulatory organizations in the Federal law "On self-regulating organizations" not resolved, fixed only need to create a personal and (or) collective insurance. In practice, insurance agents offer to insure the contractual liability as liability for injury that, according to the author’s opinion, is not complying with the law, including the standards of article 931 of the Civil Code of the Russian Federation. The issue of the conclusion of the construction contract of property insurance liability of members of self-regulatory organizations is also discussed by the author, as well as the necessity of the using in such a situation the rules of the Law "On insurance" about the contract of financial risks insurance. The necessity of changes and amendments of the current legislation of the Russian Federation on insurance property liability of members of self-regulatory organizations is proved by the author
The article is devoted to one of the most disputable categories of jurisprudence – to abuse by the right. The law does not allow the exercise of property rights with the intent to harm another person, as well as abuse of rights in any form, including in the form of circumvention of the law. The author considers the already known issues with the application of the principle of the inadmissibility of abuse of the right, as well as the new ones in connection with the amendments to the Civil code of the Russian Federation. In particular, we investigate the principle of good faith as a fundamental principle for civil rights. The article is devoted to the question on the essence and the legal nature of circumvention of the law in the property-legal relations, as well as the notion of circumvention of the law with unlawful purpose as a form of abuse of right. On the basis of the study the article presents the author's notion of circumvention of the proprietary right. The author made a conclusion that the correct interpretation of the categories of "subjective property law and protected by law interest" is the key to understanding the term of abuse of right in the exercise and protection of property rights. The conscientiousness of participants of civil relations, as well as the intelligence is the proper limits of lawful behavior of the subject property relationship, the breaking of which allows detecting the signs of abuse of subjective civil law
There was considered the historical analysis and international experience of fight with skyjacking in the article. The article is relevant, as the hijacking of aircraft is a crime with the highest public risk, both in Russia and worldwide, this international crime. Discusses statistical data theft aircraft in Russia from 1998 to 2014. The article reveals the object, the objective side, the subject and the subjective side of the hijacking of aircraft. Given the criminal law comparative analysis of auto theft and hijacking of aircraft. Considered criminal legislation of the CIS member States about the hijacking of aircraft. The article provides examples of judicial practice on the hijacking of aircraft. Discusses and international legislation, in particular the Convention for the suppression of acts of unlawful interference involving aircraft. Given the chronological table analysis grabs passenger aircraft in the USSR in the period from 1973 to 1989. In conclusion, the article draws conclusions and makes suggestions for improvement of the criminal legislation about the hijacking of aircraft. In particular they say about the need to improve legislation on transport and the development of a complete and correct concepts.
The article is devoted to one of the most disputable categories of jurisprudence –excessive use of power. The author considers the already known issues with the application of the principle of the inadmissibility of excessive use of power, as well as new ones in connection with the amendments to the Civil code of the Russian Federation. The article analyzes the issues of individuals’ misuse the freedom of choosing the type of denominated contract sample in the context of making mock and sham transactions. General and specific signs of the mock and sham transactions are analyzed, bearing in mind doctrinal positions and judiciary practice. In the article we give an analysis of the novelties of the civil legislation on the excessive use of power, the examples of judicial practice of the forms of excessive use of power, we have analyzed legally significant circumstances to be established by the arbitration court attached to each form of excessive use of power. The author considers the main characteristic of the "excessive use of power" category to be its moral and ethical aspect. A thinking activity of judges assessing the evidentiary basis in awarding judgment has a great value
The identity of the property increased risk to the objects of civil rights is proved in the article. No doubt the necessity of separation of static and dynamic units in the civil-law mode of real things of increased risk. However, currently these components are not sufficient for full civil and legal characteristics. Suggestions for improving the structure of the real objects of civil rights are proposed by the author. The article considers the civil-law regime of real estate high risk as a legal phenomenon of a systemic nature. Risk is a system element of the regime particularly dangerous real estate. Different types of risks in the content of the legal regime of these things are interconnected in a close relationship. Value category of "risk" in the legal regime associated with compensation for damage caused by its operation. Another part of the problem associated with civil-legal regulation of property rights to such objects of civil law. The author's understanding of the structural elements of a civil-law regime of such things and their interrelations is proposed. This representation of the structure of civil-legal regime of immovable properties increased risk allows to take into account particular things as objects of civil rights in all sections of civil reality
The article reveals the concept of term in the civil law. The author considers the various classifications of terms and their main features. The main attention is focused on the meaning of terms in civil law. Namely, on the expiry of the contract as a legal fact. The author concludes a significant role of terms of civil matters. For example, they point to the beginning and end of relationship, the need to establish the commission of the planned actions; they clarify the civil relations and discipline their members. The author notes that in terms of contractual relations are Obligations element, the correct application which provides some protection of rights of participants in civil relations. However, despite all this, the provisions of the dates in the current civil law needs work, a more detailed definition of the relation of concepts such as termination of the contract term and the term of the extinguishment of debt. The study is based not only an analysis of theoretical works of scientists, but also on law enforcement practices. The analysis of court decisions relating to the provisions in question, on the basis of which certain conclusions. The author of the article has identified actual problems of current legislation and conclusions and suggestions on the need to improve the existing civil law
The article is devoted to the history of establishing criminal liability of legal persons in the Russian legislation. The author justifies the need for a more detailed analysis of the concept of criminal law fixing a legal person as the subject of crime in criminal law of Russia the modern period. To substantiate these stories of criminal law, the authors cite as an example a number of legislative provisions of the Russian legal space in the plane of a retrospective analysis of the previous period of rulemaking and legislative process. The authors investigated the criminal reflection of legal entities in the period of time until the twentieth century. Work includes links to many of the views of leading scientists in the study area, at different stages of development of the state. This submitted for publication article is the first of a series of articles, the authors intend to publish in the future. Historical heritage monuments in Russian law are the starting point for the study of a gradual process complexity and improve analyses Institute. Relevance of the themes on display determines the vector of state policy in the field of globalization of the legal space. Modern Russian criminal law, according to the author, must contain a declaration of the legal person as the perpetrator
The presented article is devoted to studying and consideration of the main directions of realization of social function during the concrete historical period of development of the Russian state. The carried-out analysis of a state policy of the Soviet power opens features of formation of legal bases of the social state during the Soviet period. The purposes facing the state and tasks of providing all members of society with means of livelihood and free development, defined the priority provision of social activity in the state political system. Consequences of military and revolutionary events generated a difficult social situation in the country: a low standard of living of citizens, mass poverty and hunger, lack of necessary medical care and shortage of medicines, distribution of homelessness and growth of mortality among the population. All these social and economic problems demanded from the state of carrying out effective actions for change of public life and to adjustment of a social situation in the country. The most important directions of implementation of social policy in the first years of formation of the Soviet state were the organization and development of social insurance and social security; regulation of the labor relations and elimination of unemployment; organization and development of health system; organization and development of education; elimination of children's neglect and homelessness
The concept, essence, value and classification of financial-legal norms are considered in the article. The special attention is paid to detection of peculiarities of these norms allowing delimiting them from norms of other branches of the law. The article emphasizes the fact that the direct purpose of the financial law norms is defined by a subject of the financial-legal regulation that is the relations arising in the process of public financial activities for regulation of formation, distribution and use of public funds of money. The authors’ opinion is reasoned about the fact that financial-legal norms are seldom arise as actual one because rules of conduct very rarely developed in social life as a prototype of the financial-legal norms. This circumstance is caused by the fact that financial relations do not exist and do not arise by it; these relations are shown in the forms determined by the state (municipalities) and depend primarily on social needs which are determined by a level of development of the commodity-money relations, extent of the state activity, social problems and so on. Besides, authors explore the reasons of instability of the financial law norms. In addition, in this article the authors’ opinion about action mechanism of the financial law norms as very actual phenomenon in modern Russia is reasoned. Due to the fact that the budget system of the country is under the influence of financial-legal norms, with help of such norms state extra-budgetary social funds formed and used, monetary and exchange rate policy carried out, so the need of deeper study of these norms and understanding their action mechanism is very actual phenomenon in modern Russia