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
This article investigates the problem of bringing a person who controls the debtor in insolvency proceedings (bankruptcy) to responsibility. The author analyzes the nature, conceptual framework and procedural features of imposing liability on a person who controls the debtor, offers direction of this institution
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
In the article theoretic and practical problems of the privatization of the state property, introduction of amendments to the privatization legislation of the Russian Federation and regulation of processes of privatization are analyzed. Ð olitical and economic reasons for privatization of big enterprises are considered, same primary problems of the process of selling the publicly owned companies and of the state financial control over the privatization are revealed
In the article we analyze the theoretical model of an administrative legal regime of ensuring ecological safety, as well as the elements of its contents reveal, the directions of improvement of an administrative legal mechanism of ensuring ecological safety of society and the state are offered
In the article we reveal the basic problems of forming the legal basis of public control over the activities of public authorities. The relevance of this topic has been steadily increasing due to the increasing influence of civil society on the decisions made by public authorities. The authors analyze the provisions of the Federal Law "On the basis of public control in the Russian Federation", the regional laws, to fix the foundations of social control in some subjects of the federation, as well as other legal acts in this area. Special attention is paid to the formulation of the concept of social control and the conclusion of the need legislative consolidation of the concept of "individual public authority 'and a common list of agencies and organizations that operate them. Analyzing the law enshrined in the range of subjects of public control, the authors substantiate the feasibility of incorporating the Advisory Board at the government and public experts. On the basis of the provisions of the law, in this work we have determined the legal status of the subjects of social control, their powers and procedures of the in collaboration with the authorities, as well as the legal framework for the implementation of certain forms of social control. It is proposed to expand the interaction of subjects of public control with prosecutors by holding regular meetings to expand the powers of public monitoring commissions for visiting places of detention
This article is devoted to the study of problematic
issues related to notification of the person brought to
administrative responsibility, the place and the time of
the drawing up of a protocol. Lack of proper
regulatory legal regulation of the order of call of this
participant in the process gives rise to ambiguous law
enforcement practice. Non-recognition of the notice as
appropriate leads to a decision to terminate the
proceedings in the case of an administrative offense
and, as a consequence, to the removal of the offender
from punishment. The article analyzes various ways to
notify people, the authors emphasize the merits and
demerits of these methods. The conclusion of the
article suggests ways of improving the legislation
regulating the procedure for notifying persons about
the need for presence to draw up a protocol
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
As a part of the investigation carried out in the
course of the investigation of crimes, a
confrontation is very important. This article
reveals the essence of the scientific production of
the confrontation, the object and purpose of which
is to establish the truth in the case. The
investigator, in accordance with the Article 192 of
the Code of Criminal Procedure of the Russian
Federation has the right to decide on proceeding a
confrontation, in cases when previously there
were significant differences. In conducting
confrontation, there are confirmed correct
versions and the versions denied by others, it
turns out the real facts of the case and eliminates
significant contradictions in the testimony of
previously interrogated persons. By making the
decision to produce a confrontation, the
investigator must be confident in the ability of the
participant, who gave truthful testimony, to
withstand the psychological pressure. This party
should be prepared to create his "immunity"
against future attempts to influence the other party
to persuade to change readings, etc. Before the
production of a confrontation, the investigator
must draw up a plan in which the questions are
formulated. Then prioritize questioning of
participants of confrontation and identify tactics
that can be applied in the course of its production.
The investigator prepares a space for the
production of confrontation, and audio, photo and
video equipment. Different violations, errors
during the confrontation, have the ultimate impact
on the overall result of the preliminary
investigation of a specific criminal case. In this
regard, clarification of the nature of the
confrontation has not only theoretical but also
practical importance
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