Level analysis of law enforcement cooperation
between private legal and public legal origins was
conducted in the aspect of dual nature of dispositivity
in court jurisdictional process. On the basis of
legislation’s investigation it is found that the
apprehension of dispositivity on doctrinal level as the
principle of judicial process, restricted by private legal
aspect, doesn’t correspond to its legal dual-nature. It is
showed that cohesive perception of dispositivity in
court jurisdictional process is possible under the
condition of its binary perception based on
investigation of its private legal and public legal
origins, providing their harmonic unanimity in the
framework of dualistic approach. It the article it has
been stated that even under the conditions of court
process’ parties’ interests’ contradiction their
warrants may be realized only under their cooperation
with each other, which needs court’s contribution in
the providing of their rights’ realization on equal
terms. It is educed by researches that the cooperation
of private legal and public legal origins of dispositivity
is conducted on two (horizontal and vertical) levels of
their law enforcement connections. Herewith the
coordination of court process’ parties between each
other occurs on horizontal level of cooperation, while
the subordination of parties’ collaboration with the
court occurs on the vertical level. The analysis of
procedural legislation has educed general regularities
of private legal and public legal origins of dispositivity
in court jurisdictional process for different types of
judicial proceedings. These regularities are: the
realization of private legal origin, represented by the
parties, with the relevancy stipulates the demand for
public legal origin of dispositivity, represented by the
court; the realization of public legal origin of
dispositivity, represented by the court, with the
relevancy stipulates the demand for private legal origin
of dispositivity, represented by the parties of judicial
process
The article is devoted to one of the most disputable
categories of jurisprudence – abuse of rights. Modern
civil legislation contains many of the assessment law.
Interpretation and specification of evaluative concepts
is a challenging intellectual process. Abuse of right is
a consequence of the process of interpretation of
appraisal standards. The law does not allow the
exercise of civil 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 regards as the already known issues with
the application of the principle of the inadmissibility
of abuse of the right, so new in connection with the
amendments to the Civil code of the Russian
Federation. In particular the principle of good faith is
investigated 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, 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 presents the author's notion of
circumvention of the right. The authors have 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 notion
of abuse of right. The conscientiousness of
participants of civil relations, as well as the
intelligence is the proper limits of lawful behavior of
the subject civil relationship, the breach of which
allows detecting the signs of abuse of subjective civil
law
The article “Contents of the main elements of the
criminalistic characteristic of fraud” written by the
group of authors is of great importance today as the
new points of the Federal Act №207 of the Criminal
Code of Russia which provide for the criminal
proceedings for fraud in lending; while getting
payments; while using bank cards; in business sphere;
in the sphere of insurance, introduced on November
29, 2012, still need to be developed and lack the
methods of the investigation of such crimes.
Consequently, the methods of preparation, committing
and concealing of a crime, track formation mechanism
are not determined and analyzed upon the materials of
the forensic and investigative activities. The authors of
the article have attempted to study the cases of the
mentioned crime types and determine the ways of
preparation, committing and concealing of a crime and
track formation mechanism of the above-mentioned
types of crime
Illegal actions of economic orientation pose a serious threat to the economic security of the state, as are latent crimes. This article discusses the complex and urgent problem associated with increased measures for combating money laundering or other property acquired by criminal means. From a legal point of view, legalization is making ownership, use and disposal of such funds or other assets by financial transactions or other transactions. From the perspective of the real economy legalization is associated with the receipt of previously unrecorded funds in the legal economy. As the results of the study of the practice of criminal responsibility under Art. 174 of the Criminal Code, the main sources of illegal proceeds are theft, illegal use of natural resources, tax evasion and customs duties, illegal sale of illicit trafficking of goods, criminal acts of corruption, and others. From this we can conclude that the main direction of strengthening control over the legalization of proceeds from crime is to prevent the emergence of centers of capital legalization. To this end, the article analyzes the changes of international and domestic legislation in the field of anti-money laundering. We have added specific measures to stop this type of criminal acts aimed at strengthening the control of the authorized state bodies, including in relation to natural and legal persons participating in the capital of foreign entities
This article is explored the legal and organizational bases of development activity. The article considers the system of legislation regulating construction and development activities
This article highlights the Bolsheviks's attempts to streamline land relations in the countryside and to direct the peasantry in channel of the collective land using during the period of the NEP. The author shows that these initiatives have not been
successful, whereby the land problems have not been solved. Land in the village was still shared, rented, and actually bough
The article examines the theoretical basis of the multiplicity of individual and joint ownership of civil rights and conscientious objection to civilian duties. The author explores the state of development of scientific problems of completely plurality of persons in civil law, proves the necessity to consider the multiplicity not through teaching about the object of civil rights, but through the subject of civil rights
The article examines the approaches to the legal definition of "priority" in the concept of environmental security, as well as the kinds of priorities the concept of ecological security. The given provisions give us the chance to formulate the concept of "priority of the concept of ecological safety" as a prime activity (situation) of subjects of an administrative legal regime of ecological safety on ensuring normal functioning of ecological system of the country, i.e. all objects of live and inanimate nature, the developed ecological state and the happening changes of an ecological state. We have highlighted the problem of the legal regulation of the concept of environmental security. The extensive studied system of political and legal program acts allows considering all the variety of approaches to the problem of priorities of the Russian concept of ensuring ecological safety. The system of priorities of the concept of ensuring ecological safety given in article most fully reflects prime activities of subjects of an administrative legal regime of ensuring ecological safety
This article discusses the concept of "sanctions" in
constitutional and international law, as it is
controversial and debatable. The media and prominent
politicians now often use the term "sanctions", it is
connected to the Crimea to Russia, and a mixed
assessment of the event foreign countries (countries of
the European Union, Japan, Switzerland) and
international organizations (the Council of Europe,
NATO). The author explores different perspectives
reveals several scientific approaches to the concept of
"authorization". Theoretical aspects of the work were
discussed in close connection with the practice,
namely, analysis of the process of joining of Crimea
to Russia from the point of view of international law
and Russian legislation in this regard, the validity of
the application of sanctions against the Russian
Federation. We were also paying attention to types of
sanctions. The article analyzes the comprehensive and
targeted sanctions, their distinctive features and the
need to use the "mirror" of sanctions for the Russian
Federation. Particular attention is paid to the legal
regulation of sanctions in international and Russian
law. It is noted that in the Russian Federation,
legislative regulation of the sanctions received only in
the economic sphere. The author highlights some
trends in the development of existing legislation in the
field of sanctions
The article is devoted to consideration of questions of
functions of the state and forms of their realization,
which are of very great importance in the theory of the
state and practice of its functioning. It can be
explained with the next moments, first, to that in
functions are shown essence of the state, its social
appointment. The state representing the phenomenon
of social life, it is characterized by extraordinary
variety of directly observable and perceived
manifestations. It is defined as a variety of the tasks
solved by the state in various areas of life of society,
and a variety of bodies, forms, methods and means of
implementation of the state activity. In this regard
studying of functions serves as the prerequisite of
knowledge of the main thing and defining in the state.
Secondly, functions of the state define its structure, i.e.
ways, regularities of the organization of elements of
the state as difficult system. Research of functions of
the state and forms of their realization helps to
estimate its opportunities, promotes deeper
understanding of the mechanism of its interaction with
other structures of society in the solution of the most
important political, economic, social, ecological,
cultural and other tasks. The correct establishment of
functions of the state and definition of forms of
realization of these functions promotes stabilization of
the public relations and development of society in
various spheres