The article is devoted to the analysis of the concept of
legal capacity, which is one of the fundamental concepts
in the science of civil law. The authors have covered
approaches to the disclosure of this concept in the legal
systems of foreign countries. The common features
inherent in all considered variants of interpretation were
revealed. Legal capacity is a sufficient criterion for
establishing the fact of the legal existence of a legal
entity. In accordance with Art. 17 of the Civil Code of the
Russian Federation, legal capacity is the ability of an
individual to have rights and bear responsibilities. The
emergence of the legal capacity of an individual is
determined by the moment of his birth (clause 2 of Article
17 of the Civil Code of the Russian Federation).
Accordingly, the termination of legal capacity is
determined by the moment of biological death (clause 2
of Article 17 of the Civil Code of the Russian Federation),
since the subject of law no longer exists. If the person has
been declared dead, but in fact is alive, this does not
detract from his legal capacity, he automatically continues
to use his legal capacity, respectively to enjoy the full
range of rights and bear the responsibilities. In the
scientific literature, both passive and active legal capacity
are distinguished. The authors study different approaches,
shows the lack of a common understanding of legal
capacity, but all analyzed doctrinal approaches have a
common feature - all reflections concern a certain person,
his rights and duties. The authors concluded that the key
component of legal capacity is the ability to be a subject
of statutory rights and obligations
The constitutional regulations of all countries guarantee their citizens the right to education. In the Republic of South Ossetia during last years we observed a process of modernization of the state. In particular, the legislation on education directed on guaranteeing the right of citizens for education has been developing. The state defined the main directions of a development of education, material and personnel resources, and also the problems in this sphere were revealed. One of key problems is insufficiency of financing of an education system which doesn't allow guaranteeing the right for education at the necessary level. The availability of educational institutions for students is essential to guarantee the right to education. Modern states establish minimum standards for primary, secondary and higher education. Thus, primary education must be universal, compulsory and free, and in case of its absence, elementary education should be encouraged or intensified. In the secondary, including vocational, education guaranteed openness and accessibility for all, including through "progressive introduction of free education". In the Russian Federation, the availability of educational institutions for students was solved comprehensively, but mainly due to the municipal reform, according to which the territory is rural and urban settlements were formed taking into account walking distance from the administrative center. The author proposes to consider similar experience for South Ossetia
The article pays particular attention to the classification of members of PPP and their legal status. Proceeding from the classification, determined by the authors, the peculiarities of each type of members' legal status are pointed out. The authors have marked and analyzed the possibility of this or that legal subject to participate in public-private partnership. For each of the types of entities of public-private partnership the authors have given the characteristic of legal status. Features of the legal status have also been the subject of the analysis made by the authors. Certain aspects of the legal status of individuals involved in such a relationship were also considered. Considerable interest has caused the authors ratio of private and public interests of the participants of such relations. The authors have given a detailed analysis of particular interest in the implementation of business by the subjects of the partnership. The authors note that entrepreneurial activity, which combines private and public interests, is not only beneficial to each participant. In such cases, the subjects of entrepreneurial activity are social. The authors note that the State seeks to provide a normative framework for the subjects was profitable to engage in entrepreneurial relationship with the state or state agencies
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 analysis of the legislation of local government during this period confirms urgency of consideration issues about legal regulation of the local governments’ status. The provided review of the legislation of local management system and self-government allows to make a number of conclusions about future system of municipal authorities
The article analyzes the content of the duty of the court
on determining the composition of persons
participating in the case and the specific actions of the
court, he needs to do to resolve the issue of the
composition of the persons participating in case:
correct definition of the subjects of the disputed
material relationship; identifying the possible presence
of other actors material legal relations that are in close
connection with the disputed material relationship
The article sets out the authors ' opinion on the content of guidelines describing the opinions of Russian and foreign scientists in favor of the justification of criminal liability and punishment of legal persons, either against itself or, conversely, offering a compromise in the application of legal persons. Characteristic in this respect the authors of the article on the position of the Investigative Committee of the Russian Federation, submitted in 2011, the year the project enters into the criminal law Institute criminal legal action against businesses and provides theoretical justification for the project. Based on the position of experts in their field - investigators of the investigative Committee, we have identified the most known and well-established principles of the theory of criminal law disciplines. On the basis of the conducted analysis, the authors generated novel in the criminal law, which from the point of view of the authors, will have great application prospects in the Russian criminal practice. An additional argument supporting the need for improvement of criminal legislation in Russia are advanced legal state of the world, analysis of the criminal law which, which was also investigated by the authors
The reduction of the period of incarceration and early
release from the convict labor gangs of civil authorities
were a common practice for these places of detention,
provided by a number of legal acts: the decree of 1834
"On determining the period of stay the vagrants in
convict labor gangs of civil authorities in
Novorossiysk region", 22 October 1836: "On the age
of criminals, awarded, instead of referring to the
settlement, to return in the military service", the
regulation on 15 August 1845 “On the correctional
convict labor gangs of civil authorities, decrees April
17, 1863 "On some changes in the present system of
criminal and correction penalties", October 19,
1863"On temporary measures to cleanse of convict
labor gangs of civil authorities from the accumulated
therein prisoners, "13 May 1866 "On the reduction of
the time of detention of arrestees in convict labor gang
of civil authorities". Also it was continued the
refinement of operating regulations for reduction of
the period of incarceration in 1880. So, MPM in
January 11 sent to the governor an explanation â„–302
"On the procedure of reduction of the time of detention
for arrestees of correctional departments." It contained
a clarification and explanation of the application of the
provisions of the May 13, 1866.In May 15, 1880 to
Tauride governor was sent another circular "On
abolition of deportation to Siberia without the content
in correctional departmentsof certain categories of
prisoners." The main condition in most cases peaked
good behavior and hard work of the prisoner. The
decision was made by the head of the department and
submitted to the trustees committees for final decision.
The reduction of the prison term used as an
exceptional measure to reduce the contingent of places
of detention
Norms of the active Russian legislation enshrining the
inheritance rights and defining the status of surrogate
children, surrogate mother and the genetic parents
connecting to the question of the obtaining and
realization of the inheritance rights of these children
are subjected to a detail analyze in the article. The
authors described uncertainties and double-meanings
of some occasions of appearing of surrogate
children’s inheritance rights, what arise in practice,
for example, when surrogate mother in childbirth
could not give her agreement for registration people,
who had given their genetic material, as parents of
surrogate child. The authors found out imperfection
of active legislation of Russian Federation in the
context of question of surrogate children’s inheritance
rights in case of genetic parents’ death before
childbirth. Other important question, that the authors
tried to resolve in the article, is connected with child’s
inheritance rights, who was conceived after death of
his genetic parents. Also the attention is focused on
the absence legal mechanisms of action on genetic
parents, who refuse surrogate children, in the Family
Code of Russian Federation and in Civil Code of
Russian Federation. Authors reached a conclusion
that surrogate children’s inheritance rights should be
legal regulated in detail. Some suggestions on these
issues are offered in the article
The article touches the problem of studying the procedure
of granting housing to refugees and IDPs (internally
displaced persons) as well as their family members. The
procedure of granting housing to refugees and IDPs is a
very important process, being one of the general stages of
the modern border policy of Russian Federation. The
Standards of Housing Code and Code of Federal
Regulations, which secure legal status of these categories
of citizens, are analyzed In this article. The authors
analyze criteria of giving the refugee or IDP status to a
citizen, the procedure and conditions of providing
housing to these categories of citizens. Based on the
studies, the revision of the Standards of Housing Code,
particularly, the expansion and supplement to the notion
«accommodation» is offered, also it is offered to combine
the general regulations on the procedure of providing
accommodations to the refugees and IPDs. It is also
substantiated in the article that there is need to amend the
notion of specialized housing fond. The authors consider
reasonable to clarify what are the other accommodations
of different status that can be provided to refugees, IDPs,
and their family members. The proposed changes in
housing legislation will let us simplify and adjust the
mechanism for implementing the housing regulations in
legal relationships in providing housing for refugees,
internally displaced persons and their families