The article provides an overview of the resolutions of the Plenum of the Supreme Court of the Russian Federation, reflecting different approach to qualification of multiple offenses
The authors analyze the changes of legislation in the sphere of state technological accounting of accommodations. They consider the information meaning of technological inventory office for state registration of the estate in land and bargains with it. They investigate the drawbacks of separate normative legal act planed for publishing
The legal responsibility of judicial department’s officials – one of central elements of their legal status, which main aim is raise office discipline level in system of judicial power of the pre-revolutionary Russian state
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 discusses the Genesis of Islam and its
role in the development of Muslim law family,
highlights the main sources of Muslim law legal
families. It is noted an important role of standards in
Islamic law developed by the theologians of the
activities in the process of interpretation in filling
gaps in the law. All this has led to the emergence of
different schools or sects, which contributed to the
creation of many ideologically warring with each
other Muslim sects. The followers of these
movements convince their supporters that the rest
courses are false. The article notes that currently, in
general, the Muslim law has not lost its position.
Modern Islamic community of the world has about a
billion and a half followers. The Muslim law has not
only maintained its position, but also extends its
sphere of influence. Islam – the youngest world
religion - enters the countries whose people earlier
professed Christianity, Hinduism, Buddhism, etc.,
the Followers of Islam, moving to other countries,
almost do not assimilate. So, the Islamic community
in Europe is practically not subjected to European
influence. Some of the legal institutions in a number
of non-Muslim countries are subjected to
Islamization. In some countries, Islamic law is not
considered as legally valid, but it works in fact. This
happens in the Muslim enclaves of Europe, it is
happening in Russia, particularly in the republics of
the North Caucasus
Relevance of the chosen topic is caused by
existence of disputable issues in qualification of
the crime established in article 153 of the
Criminal code of Russian Federation. Objective
and subjective elements of corpus delicti of
substitution of a child are analyzed in the article.
The special attention is paid to the object of the
crime, and also consideration of the concept
«victim». In this article «mercenary and low
motives» as a constructive feature of the
subjective element of substitution of a child are
considered, the most significant gaps in norms of
the criminal legislation are analyzed and ways of
their elimination are offered. Having
investigated normative legal acts, court practice,
foreign legislation and the existing theoretical
developments, authors give their interpretation
of article 153 of the Criminal code of Russian
Federation. The authors express opinion about
strengthening of the punishment for this crime.
We consider important inclusion in corpus
delicti of this crime such aggravating features as
the act: «against two or more persons», «a group
of persons by previous agreement or organized
group», «a person using his official position», «a
person who has a previous conviction for crime
against a family and minors»
The article covers the problems of legal regulations and implementation of civil and land law standards on the enforced termination of interest in land which can’t be possessed by the owner according to the law. The issues of the enforcement in the course of such termination of entitlement are also considered by the author
This article is devoted to the study of the essential
features and properties of the sources of international
law from the standpoint of the general theory of law.
The author reveals the factors that influence the
process of law-international, draws attention to the
specific features of the subjects of international lawmaking,
especially, how to create the right sources,
analyzes the problem of correlation between sources of
international law and national sources of law
The article is devoted to the new states of the pledges in the Civil Code of the Russian Federation, namely the right of the encumbrancer to keep the pledged property, changes of the encumbrancer's rights, the enlargement of the members who are able to pledge, appearance of a new person in the legal relations
concerning pledges, also called as conscientious encumbrance, as well as new rules, concerning conditions and forms of the pledge agreement conclusion
The article discusses the questions related to use of and disposing of a pledged subject by participants of a legal relationship, between depositors and pawnbrokers, in particular, new regulations about depositor’s rights who is a holder of the pledge subject