No 4 (2017)
- Year: 2017
- Published: 29.12.2017
- Articles: 26
- URL: https://vektornaukipravo.ru/jour/issue/view/19
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Description:
Published 29.12.2017
Full Issue
FRENCH LIBERAL SCHOOL ON THE PROBLEM OF ADMINISTRATIVE DECENTRALIZATION IN FRANCE IN THE 50–60’s YEARS XIX CENTURY
Abstract
The article attempts to analyze the political and legal views of representatives of the French liberal school on the problem of administrative decentralization in France in the 50–60's. XIX century. During the Second Empire, a hierarchical centralized power vertical was created. As a consequence, in the 60-ies. XIX century. in France, the struggle for decentralization unfolded. The basic postulates of the administrative reform were formulated in the “Nansi program”. Liberal-minded thinkers of the time, among which the most famous were L.-A. Prevos-Paradol, E. Laboulaye and J. Simon joined the requirements set forth in the Nansi Program. In their works, they paid considerable attention to the need for administrative reforms in France, which, on the one hand, would limit the powers of the central government, and on the other hand, give more initiative and freedom to local authorities. The article considers general theoretical views of representatives of the liberal school on the relationship between the concepts of centralization and decentralization, power and freedom, as well as specific proposals for reforming the administrative and territorial structure of France, which should provide significant changes in local governance. The main principle and, at the same time, the first condition for reforming the administrative system, according to L.-A. Prevost-Paradole and J. Simon, was the holding of free elections of officials, and municipal freedoms should be based on two grounds (like, in general, freedom): initiative and responsibility. The article notes that some of the ideas proposed by the French liberals were subsequently realized in the first decades of the Third Republic.
THE CONCEPT OF STATE SECRETS AND LIABILITY FOR THE DISCLOSURE
Abstract
The relevance of the work lies in the fact that, as we know all secret and unavailable is always the subject of increased interest of the public. Even the illusion of secrecy raises a lot of discussions and versions of the ordinary citizens, but if we are talking about secrecy at the level of departments, organizations, agencies, departments, or even state, it is the interest of the state rivalry. The important position of head of the Institute of state secrets in legal relations arising from the circulation of such information. The main and necessary is such activity of the state authorities, as the preservation of the security of the Russian Federation, which is directly related to the information, but rather with the state and office secret, the protection of which is carried out by means of criminal law. It is the betrayal of the state secrets that constitutes a dangerous potential threat to the security of the state and may become a motive for the violation of sovereignty, territorial integrity, inviolability and defense. The aim of this work is the analysis of liability for violation of state secrets in the administrative and criminal legislation. The paper considers the offences for wrongful acts in relation to information constituting a state secret. Also discussed are liabilities for violation of state secrets in the administrative legislation.
SYSTEM METHOD OF RESEARCH LEGAL LIABILITY IN THE SPHERE OF THE RIGHT OF INTELLECTUAL PROPERTY
Abstract
A systematic method of investigating legal responsibility in the field of intellectual property is considered. The author highlights the peculiarities of investigating offenses in the sphere of exclusive rights to the results of intellectual activity, as well as the connection of the historical approach to understanding the problems arising in connection with the dynamic change in regulations and the emergence of new legal relationships in the field of intellectual property.
AUTHOR CREATIVE INPUT IN THE CREATION OF INTELLECTUAL PROPERTY OBJECTS
Abstract
This article examines the legal characteristics of outstanding “legislator concepts of work”, “creativity” and “creative contribution” in terms of objects of intellectual property legal protection. The author explores the creative contribution to the content of the product, allowing to individualize the object of exclusive rights and to relate this work with its author.
CRIME AND ELEMENT OF CRIME AS THE CRITERIA AND PREREQUISITES OF THE QUALIFICATION OF CRIMES AS A SINGLE OR PLURALITY
Abstract
The article is devoted to the discussion question, be guided by the distinction between individual crimes and their delimitation from those of the plurality of criteria types of crime or types of crimes; discusses the concept, value and importance of these criteria.
PROBLEMS OF CONSTRUCTING CRIMINAL COMPOSITIONS AND DIFFERENTIATION OF LIABILITY IN CRIMINAL LEGISLATION OF THE 1950–1960s
Abstract
In the article the directions and results of codification of the criminal legislation of 1950–1960s are considered, the characteristics of the novels of criminal law are given. The author substantiates the idea that during this period, the punitive component of the criminal legal policy is mitigated, the scope of correctional and educational measures is expanded, the application of the analogy of the law in criminal law is abolished, etc. The author established that for crimes against the state, against military service, against state property, etc., the liberalization of criminal law did not apply.
MEASURES OF RESPONSIBILITY IN RUSSIAN CIVILIZATION
Abstract
The article is devoted to the comparison of exercises on the measures of responsibility in the civil and civil procedural law of Russia. The conclusion is made that the theory of liability measures in civil procedural law is most developed than in civil law.
TO THE QUESTION OF THE CRIMINALISTIC CHARACTERISTIC OF CREDIT FRAUD
Abstract
In a technique of investigation of credit fraud the important place is taken by the criminalistic characteristic of this type of fraud. A quantitative and qualitative variety of ways of commission of credit fraud demands their careful studying. We defined a concept of the criminalistic characteristic of fraud of the sphere of crediting, ways of commission of this crime, including preparation, commission and concealment of criminal action are investigated, their classification is given.
HISTORICAL AND LEGAL ANALYSIS OF THE LEGAL STATUS OF VICTIMS IN CRIMINAL PROCEEDINGS OF RUSSIA
Abstract
The Article is devoted to tendencies of development of legal position of victims in criminal proceedings of Russia. Using the method of phenomenological characteristics, as well as the method of dialectics with its inherent principle of historicism, a dedicated period of development of the legal position of victims in criminal proceedings of Russia from 1917 to 2017.
The results showed that the rules governing the legal position of victims in criminal proceedings of Russia reflect numerous characteristics and peculiarities of current economic, social, political and cultural transformations and changes in man, society and the state. The weakening of attention to ensuring the implementation of the procedural status of the victim occurred naturally in times of radical transformation and change, for example, occurring in the period of the destruction of the Russian Empire, during the formation of the totalitarian state. In turn, positive dynamics of development of the legal status of victims in criminal proceedings is observed in a consistent, incremental and commensurate with the realities of the legal approach to transformation.
Achieving the study goals and objectives depends on the use of philosophical, historical and legal research methods.
THE CORRELATION BETWEEN CATEGORIES “CONVICTION”, “COERCION”, “CONSCIENTIOUSNESS” IN A LEGAL SCIENCE
Abstract
The article is devoted the correlation between categories “conviction” and “coercion” as the methods of the state and law influence. Author comes to the conclusion that “conviction” and “coercion” are ‘’self-sufficient’’ methods. For this reason introduction to the legal science category “conscientiousness” is not appropriate.
PEACEMAKING IN THE SYSTEM OF MECHANISMS THE MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY: ORGANIZATIONAL AND LEGAL ASPECTS
Abstract
The article reveals the mechanisms of the maintenance of international peace and security: preventive diplomacy, peacemaking, peacekeeping, post-conflict peacebuilding. Of peacekeeping operations carried out by a special unit – Department of peacekeeping operations. The article reveals the essence of the mission of UN peacekeepers and provided official information of the UN on the subject. There are three main stage of peacekeeping and corresponding stages of the various measures and specific activities. Pre-conflict peacemaking is implemented through General measures of conflict prevention, preventive measures in the format of sanctions, preemptive military action, preventive humanitarian action. The peacemaking stage of conflict is implemented through the measures of localization of the conflict, the measures for the protection and conservation of different groups of persons and objects, military force to end the conflict. Post-conflict peacebuilding is implemented through measures to prevent the recurrence of conflict and measures for the restoration of civilian infrastructure. Peacemaking is realized in the form of individual peace operations, contents and settings which may be different. The article expresses the view that the most important criteria of differentiation of peacekeeping operations are: the purpose of the entity, “issued” mandate, functions and composition of the personnel engaged. It is noted that in the framework of international peacekeeping is to encourage the conclusion of agreements between the parties for the purposes of post-conflict development of peaceful relations, and specifies that the guarantors executing such agreements must be, first of all, international organizations. These are the types of activities that are essentially of the measures taken are similar to international peacemaking, but formally are not.
THE PUBLIC SUBJECT OF LEGAL RESPONSIBILITY UNDER THE CONDITIONS OF THE UNRECOGNIZED STATE
Abstract
The public documentation in respect of the aspect of legal responsibility under the conditions of the unrecognized state has been considered. The public committees, public organizations and other public structures have been classified as subjects of the public documentation. The public subject can provide legal facts for the implementation of legal responsibility. The essential features of the public documentation include the initiative character, public subject, illegal content of the documentary event, the use of special scientific studies for objectification of the documentation result. In the dynamic structure of the implementation of legal responsibility the public subject is applicable at the stage of determining the set of all elements of an offense. The object of the public documentation is an event of a conflict nature, reflecting a problematic situation and containing elements of an offense.
ISSUES OF EXEMPTION FROM INTERNATIONAL LEGAL RESPONSIBILITY
Abstract
In international law, the Institute of exemption from liability under international law cannot be considered sufficiently developed and have a clear legal basis. The basic provisions that provide grounds for exemption from responsibility under the international law provided in Resolutions of the UN General Assembly as the respective projects, as well as in the agreements concluded between individual States. The purpose of this article is consideration of the circumstances, exempt from international legal responsibility, as enshrined in international legal instruments. The work was reviewed Resolutions of the UN General Assembly No. 56/83 of 12 December 2001, and no A/RES/66/100, dated 9 December 2011, as well as a number of agreements concluded between the Government of the Russian Federation and individual States, provide grounds to be exempt from international legal responsibility of States and international organizations. Investigated the individual grounds for exemption of state and international organizations on the international legal responsibility, in particular, such as consent, self-defence, countermeasures, force majeure, distress and state of necessity. The article considers the grounds for exemption, not only from fault liability, but strict liability of the state. In contemporary international law circumstances that exempt the subjects of international legal responsibility from legal responsibility, represent proven facts, actions, and phenomena existing in the time of the Commission of international offences, which absolve the subjects of international legal responsibility of the performance obligation to answer for the harm caused. Exemption from liability under international law is possible not only when the guilty, but an objective (absolute) liability.
THE FORMATION OF THE CONCEPT OF OFFENCES IN RUSSIA
Abstract
The legal category of “offence” is a key in the theory of law. Its study in science has traditionally paid a lot of attention, but it should be noted that to date, many parties in this category remain controversial and not fully understood. A characteristic feature of modern Russian law is the process of allocating “new” types of offenses – branch (constitutional, tax, customs, etc.). This has naturally led to increasing complexity of the overall system of illegal acts, which every year becomes more and more difficult to navigate. I must say that the provisions concerning unlawful acts in the sectoral disciplines in the majority have been designed independently without taking into account the provisions developed General theory of law. This is reflected in the regulatory definitions, which leads to disputes in practice. In this regard there is an urgent need to develop a United theoretical concept of the offense, which should become the basis for the entire system of industrial offences. Developed in the bowels of the provisions must be implemented at the legislative level when you pin definitions industry-specific offences, their characteristics, structure. As for the theoretical investigation of such legal phenomenon as a crime that it becomes effective only when it is based will be the study of historical material. Of course, that modern ideas about the offense not formed spontaneously. Their formation has provided and continues to provide a wide variety of factors including historical. It is true that modern science cannot do without historical basis. This applies to the theory of state and law. Therefore, one of the most important tasks is the study and analysis of stages of formation of the legal doctrine of offense in historical perspective.
LEGAL SUPPORT AND REALIZATION OF CULTURAL HUMAN RIGHTS AND THE CITIZEN IN RUSSIA
Abstract
State policy of Russia in the field of culture is based on requirements of the Constitution of the Russian Federation and follows from her provisions. In compliance with article 7 of the Constitution of Russia, “The Russian Federation – the social state which policy is directed to creation of the conditions providing worthy life and free development of the person”. As worthy life and free development of the person it is impossible out of culture and besides the existing culture, the state has rights and a duty to carry out the policy in this sphere providing the solution of these tasks. In the same way as it is obliged to carry out the policy in the sphere of culture ensuring integrity of the territory of the country and its safety. Including information and cultural.
The purpose of this scientific article – to consecrate legal support and to track realization of cultural human rights and the citizen in the legislation of Russia and also to reveal the directions of state policy and concrete events which are held for promotion and promoting of cultural development in society. In addition, in work contents to the concept “culture” reveals and the role and value of level of culture for development of society is analyzed and also need of construction in a legislative rank of the term “cultural human rights” is proved.
On the basis of the made research the conclusion is drawn that the state is a subject of definition of priorities of the cultural policy following from his main objectives in this sphere. The state protects cultural richness of the country both from physical destruction, and from commercialization, from adverse effects in the most cultural environment, both internal, and external, the primitive inquiries inappropriate to domestic traditions connected with service and generated by mass culture of consumer society, and sometimes and direct information aggression of external competitors.
THE RESTORATION OF CORPORATE CONTROL
Abstract
The article is devoted to the topic of the day, because the development of the market-oriented economy and corporate relations has provoked an increase of the number of corporate disputes, including those associated with the loss of the participatory interests of business entities. In the article the author has analyzed the judicial practice and has identified conditions, which are mandatory for the using of such a method of protecting the right as the restoration of corporate control.
THE CONSTITUTION AS A PRIMARY REGULATOR OF THE MOST IMPORTANT PUBLIC RELATIONS
Abstract
The article considers social and legal essence of the Constitution of the Russian Federation. The author comes to the conclusion that the modern democratic Constitution is the result of legal and political consensus that the adoption of the Constitution obliges the state to follow her orders. According to the author, the stability of the Constitution and established on the basis of the legal system is a prerequisite for the predictability of economic, social and political life.
OFFENSE’S AND FUNCTIONAL CONTENT’S OF LEGAL LIABILITY SOURCE AND LEGAL FORM
Abstract
In this article author considers about the interrelation and mutual influence of the source and form of the offense, as well as the source of functional content of the legal liability and the forms of its realization on the basis of the willed concept of law-making. The required classifications of types of source of the offense and the form of the offense, the source of the origin and realization of legal liability, the form of the realization of legal liability, as well as the sub-forms of the liability’s procedural form are created. An attempt of a systematic approach to studying the source and legal form of the offense and legal liability is made.
THE EXERCISE OF PROSECUTE OF NOTARIES IN RUSSIA IN THE SECOND HALF OF XIX – BEGINNING OF XX CENTURY
Abstract
The article discusses the features of the involvement of Russian notaries accountable for misconduct and malfeasance, penalties for neglect, and abuse in the service, which was used to notaries according to existing legislation of the second half of XIX – beginning of XX century. Draws attention to the lack of clear distinctions between disciplinary misconduct and crime.
THE CONCEPT AND STRUCTURE OF THE METHODOLOGY OF HISTORICAL-LEGAL RESEARCH OF PROBLEMS OF OFFENSES AND LEGAL LIABILITY
Abstract
In article the author discusses categories such as technique, method, methodology of research in legal history. The author defines the meaning and purpose of methodology of historical-legal studies, identifies the methodological problems of historical-legal science, determined by its features.
PARTICULARLY PENAL LAWMAKING THE SOVIET STATE IN 1917–1920
Abstract
The article examines the main directions and peculiarities of implementation of the law-making functions of the Soviet state in the sphere of execution of penalties of deprivation of liberty in 1917–1920. They discussed topical aspects of the formation of the Soviet corrective labour system is characterized by the sources of Soviet correctional labor law.
PURPOSE TRAINING: ADMISSION, TRAINING ORGANIZATION AND EMPLOYMENT
Abstract
The society for its survival and forward movement always tries to find ways of interaction in different spheres of life, coordinating the interests of individual social groups. Moreover, the search for ways of such interaction, mechanisms for the coordination of the relevant interests can not be arbitrarily chosen. They are determined by economic, social, political systems, the change of which entails and the transformation of mechanisms (including legal ones) to achieve a public consensus that ensures the sustainability of the development of society. All that has been said also applies to the sphere of vocational education, which, ideally, should satisfy and realize the interests of several subjects: citizens seeking to realize their abilities through education and obtain knowledge and skills that are in demand; Employers wishing to be able to choose competent staff; educational institutions implementing educational programs on certain standards; the state (and in a broader sense of society), which is not only the guarantor and intermediary of obtaining the desired, but also the computational and determining path for its development, the first three subjects, including from the point of view of training professional personnel.
ABOUT ON THE STUDY OF THE PERSONALITY OF THE CRIMINAL
Abstract
The study of the criminal's personality is carried out by different sciences: criminalistics, criminology, legal psychology, sociology. The systems approach to the study of the person who committed the crime is important for a person who applies the law. This approach allows to disclose and investigate a crime and to take a lawful, justified and fair decision.