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 discusses various criteria for the
classification of legal systems. Special attention is
drawn to the civilizational approach, which can be
effectively used in the classification of legal
systems. In accordance with the civilizational
approach in the world there are many civilizations,
developing according to its own laws (for example,
the Scythian civilization, ancient Egyptian, etc.). In
accordance with this approach the history of
mankind is a history of the development of
civilizations. There are different definitions of
civilization. In generalized form is a community of
people with particular characteristics in the socio -
political organization, economy, culture. All States
from the point of view of the civilizational
approach can be divided into two types: Eastern
(China, India, the Empire of the Incas, etc.)
characterized by Marx as the "Asian mode of
production"; the Western, or progressive (especially
European countries). Each of these types has its
historical features. In turn, each of these types has
its own legal family. It appears that the basis for
determining the classification of legal systems is a
normative element of the legal system, including
law, legal principles, sources of law, legal system,
legislation, legal techniques. But this criterion can
be applied in one and the same type of civilizations.
In accordance with the criterion of the country of
the Western type, can be divided into two large
families: the Romano-Germanic and Anglo-Saxon.
It should be noted that globalization processes in
the modern world lead to the convergence of legal
families. In particular this applies to the RomanoGermanic
and Anglo-Saxon legal families, between
which there is a gradual disappearance of the
traditional differences
The aim of the article is to systematize by means of analyze overviews concerning the definitions of the guilt which exist in the jurisprudence, to examine
the questions of guilt forms influence on differentiation of legal liability measures, liability without guilt and to suggest the course of perfection of acting civil legislation and the practice of its application on the base of the examined material.
The present article is devoted to the problems of
improvement of authority of state property cadastre,
registration of rights on real estate and bargains with it.
The changes introduced by the Federal Law from
13.07.2015 # 218-FL “On state registration of real
estate” are conditioned by the urge of a legislator
towards the increase of quality of state services in the
sphere of state cadastre stocktaking of property and
state registration on it and as well as minimization of
mistakes containing in data of state cadastre of real
estate and united state register of rights to replenish
budgets of all levels at the expense of increase of
taxing base and to stimulate the economic growth of
the country. To the view of authors, the normative base
of land, civil and other special legislation demands the
further improvement that testifies the urgency of
present problem. The authors carried out the analysis
of modern legislation, there were revealed the
problematic moments of realization of special
regulations of the Law on registration of real estate and
other subordinate regulatory acts, there were
introduced the offers on their elimination, and as well
as there were cited the prospects of legislation
development in the sphere of land-property relations
In this scientific article the author analyzes the opinions of various scholars-criminalists, and the subject of criminalistics. The author of the article came to the conclusion that you need to save the theoretical definition of the object and the subject of criminalistics, proposed by R.S. Belkin. However, the author offers his opinion about necessity of carrying out of scientifically-practical conference with the international participation, devoted to the problem investigated in the article, and also offers the main directions for development of the science of criminology
The author in this article points out that, in the current
conditions of the development of scientific and
technical means, differentiation of individual expert
studies into independent types or subspecies of
forensic examinations is observed. Mutual penetration
of special knowledge and solving related issues by
attracting specialists from various fields leads to the
integration of scientific knowledge. In such conditions,
the guarantee of professional expert research is the
specialization of the forensic expert on specific types
of forensic examinations and the continuous
improvement of his qualification in a particular
specialty in accordance with the development of
scientific and methodological achievements in this
field. To achieve this goal, the EFU system of the
Ministry of Internal Affairs of Russia currently
provides the following: 1) training in higher
educational institutions of the Ministry of the Interior
of Russia on the specialty "Forensic examination"; 2)
an internship, which takes place under the supervision
of a mentor with subsequent certification for the right
to self-produce expert examinations. However, despite
this, the EFU of the Ministry of Internal Affairs
system has a number of problems, caused by the
following reasons: a reduction in the number of staff
members of the EFU associated with the overall
reorganization of MIA. 2) increase and differentiation
of the workload of staff members in managerial and
expert positions due to an increase in the number of
databases of forensic accounts and the emergence of
an additional burden. 3) weak material and technical
support for territorial EFU. These problems, in the
opinion of the author, are common to the whole
system of the Ministry of Internal Affairs of the
Russian Federation and require their solution by
improving the quality of work of staff members and
taking organizational and financial measures
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
In this article the authors analyze the issues concerning loss of a right of using premises due to the constant absence of the tenant, members of his family on the occupied living space by reason of their departure to another place of living, proposals for establishing the subject of proof in cases of this category are given. Now the problem of regulation of the relations at departure of the citizens living together with the tenant, in other constant place of a residence is actual and demands revival of institute of recognition of such citizens in a judicial order lost a right of use of premises. The authors point out that neither the Housing Code of the Russian Federation nor the Civil Code of the Russian Federation does not mention the cases of loss of the right of using premises. In addition, the presumption of temporary absence of the tenant and the members of his family in the living space there is in the Housing Code of the Russian This fact has given rise to a large number of negative consequences, and was a prerequisite to the admission of errors in judgments of courts. In this regard, the authors consider that it is necessary to consolidate the institute of loss of the right of using premises occupied by the contract of social rent in the Housing Code of the Russian Federation
This article deals with civil cases before the courts and relating to the interpretation of the term "ordinary course of business" entity. To deal with such disputes need to understand a clear definition of this concept and to consider the specifics of such claims
In the history of Russia, the year of 2012 opens the report of the new period of its development. The constitutional transformations begun in the end of 80’s of the last century, they find new directions and are filled with new maintenance, commensurable with worldwide processes. Sights at the tendencies formed in new conditions with orientation on succession in development of the previous transformations are offered in this article