No 4 (2016)

Full Issue

DRUG ADDICTION, ORIGINS AND INTERNATIONAL COMBAT. PART I. HISTORICAL AND LEGAL ANALYSIS OF PROBLEMS AGAINST DRUGS

Avagyan R.O.

Abstract

This article deals with one of the most important tasks of modernity i.e. drug addiction and its antisocial manifestation. The article includes not only systemic analysis of the experience of combating drug addiction in the USSR, in Armenia, as well as in Moscow and Yerevan based on the examples of the research on criminal cases and drug addicts made in 1976–1979 and 1982–1989, as well as the contemporary global practice in drug combating, taking into consideration the recent analysis of the scientific literature on the subject.

The author substantiates the urgency of the chosen topic. The international practice of combating drug addiction and illegal turnover of drugs is considered.

Special attention is paid to the close cooperation between science and practice issues in the domain of activity of the relevant bodies for fortifying introduction of scientific achievements in combating drug addiction.

Jus strictum. 2016;(4):7-11
pages 7-11 views

DRUG ADDICTION, ORIGINS AND INTERNATIONAL COMBAT. PART II. CURRENT ISSUES DRUG POLICY: INTERNATIONAL EXPERIENCE

Avagyan R.O.

Abstract

This article deals with one of the most important tasks of modernity i.e. drug addiction and its antisocial manifestation. The article includes not only systemic analysis of the experience of combating drug addiction in the USSR, in Armenia, as well as in Moscow and Yerevan based on the examples of the research on criminal cases and drug addicts made in 1976–1979 and 1982–1989, as well as the contemporary global practice in drug combating, taking into consideration the recent analysis of the scientific literature on the subject. The author substantiates the urgency of the chosen topic. The international practice of combating drug addiction and illegal turnover of drugs is considered. Special attention is paid to the close cooperation between science and practice issues in the domain of activity of the relevant bodies for fortifying introduction of scientific achievements in combating drug addiction.

Jus strictum. 2016;(4):12-16
pages 12-16 views

DRUG ADDICTION, ORIGINS AND INTERNATIONAL COMBAT. PART III. ADDICTION: TRENDS AND MEASURES TO OVERCOME

Avagyan R.O.

Abstract

This article deals with one of the most important tasks of modernity i.e. drug addiction and its antisocial manifestation. The article includes not only systemic analysis of the experience of combating drug addiction in the USSR, in Armenia, as well as in Moscow and Yerevan based on the examples of the research on criminal cases and drug addicts made in 1976–1979 and 1982–1989, as well as the contemporary global practice in drug combating, taking into consideration the recent analysis of the scientific literature on the subject.

The author substantiates the urgency of the chosen topic. The international practice of combating drug addiction and illegal turnover of drugs is considered.

Special attention is paid to the close cooperation between science and practice issues in the domain of activity of the relevant bodies for fortifying introduction of scientific achievements in combating drug addiction.

Jus strictum. 2016;(4):17-21
pages 17-21 views

WAYS TO PROTECT THE PROPERTY RIGHTS OF SPOUSES IN THE DIVISION OF COMMON PROPERTY

Antonov A.G.

Abstract

This article discusses ways to protect the rights of spouses in the division of the common property. The author distinguishes civil and family legal protection methods. As a civil-law methods author calls control deals with the common property of the spouses, the spouses section overall debt, recourse, the spouses jointly and severally liable for the debts of the general. As a family-law method is considered a departure from the principle of equal share in the division of property.

Jus strictum. 2016;(4):22-23
pages 22-23 views

THE RIGHTS OF THE FORMER FAMILY MEMBERS WHO HAVE REFUSED PRIVATIZATION

Vasilika L.A.

Abstract

In article the analysis of modern precepts of law of preservation of use of premises of the former family members who have refused privatization and conditions of preservation of this right is made, the opinion of the Supreme and Constitutional court of the Russian Federation is given as justification of the received conclusions, an analogy to the Roman right is drawn.

Jus strictum. 2016;(4):24-26
pages 24-26 views

TO THE QUESTION ABOUT GATHERING EVIDENCE ATTORNEY

Verkhova E.A.

Abstract

The article studies problems of application of the rights of defense counsel, as enshrined in the Federal law № 63 dated 26.04.2002 «On advocate activity and advocacy in Russian Federation».

Jus strictum. 2016;(4):27-29
pages 27-29 views

THE ISSUE OF CHANGING THE CATEGORY OF CRIME

Verkhova E.A.

Abstract

The article studies problems of application of section 6 of article 15 of the criminal code, the grounds for reduction of crimes.

Jus strictum. 2016;(4):30-33
pages 30-33 views

ENFORCEMENT ISSUES CONCERNING ENCOURAGEMENT OF THE USE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

Verkhova E.A., Grischenko A.V.

Abstract

The article studies the regulation of the fight against crimes related to the decline in the use of narcotic drugs and psychotropic substances.

Jus strictum. 2016;(4):34-36
pages 34-36 views

PRINCIPLES OF CIVIL LAW

Vorobyova O.A.

Abstract

Relevance of work is that the developed system of legal regulation of the civil relations needs further enhancement. In article the concept and the principles of the civil law, the main directions of development of the domestic civil legislation are considered. Terminology concerning the principles of the right in various regulating documents is considered. The characteristic of signs of the principles of the civil law is given. The concept of protection of the civil laws, and also recovery of the civil laws is considered, the interrelation of recovery and protection of the civil laws is considered. The principle of recovery of the right is considered in an extended and confined sense. Methods of protection of the civil laws are considered. Also the attention is focused that it is necessary to increase the level of law-enforcement activity of the courts of all instances as the authority and efficiency of regulations of the law in force first of all depends on it. 

Jus strictum. 2016;(4):37-38
pages 37-38 views

FROM THE HISTORY OF THE FORMATION OF THE SOVIET ADMINISTRATIVE LAW

Gogin A.A.

Abstract

In this publication the historical aspect deals with some issues of formation and development of Soviet administrative law during the 20's – 40-ies of the last century. Particular attention is paid to the influence of the Bolshevik Party directives on adoption of certain legal acts that have had a significant impact on social relations in the country in the post-revolutionary period. The article on this issue also presents the findings of Russian scientists from various periods.

Jus strictum. 2016;(4):39-43
pages 39-43 views

THE STRUCTURE OF THE LAW

Gumenuk G.V.

Abstract

The article is devoted not today, as the rule of law is a structural part of the whole system of law and its foundation. The article discusses the structure of the law, analyzes various points of view and opinions on specified legal category. Rule of law is regarded as a primary element of the mechanism of legal regulation, the analysis of viewpoints of authors such as A.F. Cherdantsev, A.F. Shebanov, S.S. Alekseev, R.Z. Livshits. In result of the conducted research the author comes to the conclusion that the disposition of the law are included, along with rights and duties, prohibitions, restrictions and freedom. Another conclusion was the fact that regulatory standards have a tripartite structure, in contrast to the enforcement of norms, consisting of two elements.

Jus strictum. 2016;(4):44-46
pages 44-46 views

ACQUAINTANCE WITH THE MATERIALS OF THE CRIMINAL CASE AS A PROBLEM OF THE RIGHTS REALIZATION OF THE ACCUSED AND HIS DEFENDER

Zakomoldin A.V.

Abstract

This article deals with the problems of practice of law in criminal procedure and acquaintance with the materials of the criminal case as a problem of the rights realization of the accused and his defender; gives practical recommendations concerning participation of an advocate in criminal procedure on the basis of new legislation.

Jus strictum. 2016;(4):47-48
pages 47-48 views

THE NEED FOR TECHNICAL IMPROVEMENT OF ACTS OF LAW

Kotlyarov S.B., Chicherov Y.A.

Abstract

In article the problem of improvement of acts of use of the right is investigated. It is shown that acts of use of the right have validity only if are published suitably by authorized imperious subjects. Authors develop suggestions for improvement of the legal technology of drawing up acts of use of the right.

Jus strictum. 2016;(4):49-51
pages 49-51 views

PROTECTION OF THE RIGHT TO A BRAND NAME

Kosheleva K.Y.

Abstract

This paper discusses the issues of the legal nature of a trade name, common cases of possible violations of the rights to the trade name, as well as an analysis of scientific papers on the subject of "problems of legal regulation in the sphere of protection of the rights of legal entities on the results of intellectual activity".

Jus strictum. 2016;(4):52-53
pages 52-53 views

LEGAL STATUS OF NON-PROFIT ORGANIZATIONS

Kramarenko E.N.

Abstract

This article addresses issues that characterize the status, rights and obligations of non-profit organizations operating in the territory of the Russian Federation. The author draws conclusions about that in our country the appropriate education to play quite a significant role in the development and establishment of modern civil society.

Jus strictum. 2016;(4):54-58
pages 54-58 views

SOME PROBLEMS OF LEGAL REGULATION OF INTERACTION OF OPERATIVELY-SEARCH AND INVESTIGATIVE AUTHORITIES IN STAGE OF THE PRELIMINARY INVESTIGATION

Motorin A.I.

Abstract

The article deals with some problems of legal regulation of the interaction of operatively-search and investigative authorities. In article marked the problems of the lack of complete regulation of the procedural mechanisms of interaction, the problem of legal uncertainty demarcation of investigative and other procedural actions, as well as the problem of correlation of the leading role of the investigator and his opportunity to entrust procedural actions to the operatively-search authorities. Proved the necessity to supplement of the federal law about operatively-search activity through the determination of the content of the operatively-search actions. Legal analysis is based on the diagnosis of the legal norms and the assessment of their content on compliance of the Constitution. According to a study were made brief conclusions and proposals to improve the joint activities of operatively-search and investigative authorities in stage of the preliminary investigation. The article also substantiates the necessity to using the possibility of an investigation by the investigation team.

Jus strictum. 2016;(4):59-62
pages 59-62 views

ENVIRONMENTAL ISSUES IN THE INTEGRATION PROCESSES IN THE ENERGY SECTOR IN THE FRAMEWORK OF THE EAEU (OVERVIEW)

Nazarkulova L.T., Shugaipova M.S.

Abstract

In the article discusses the incorporation of environmental issues in international legal acts regulating integration processes in the energy sector within the framework of the EAEU. Energy is one of the key, but has the most negative impact on the environment, and industries. In this regard, one of the important directions of international cooperation within the EEU should be cooperation in the field of ecology. And in international legal acts in this sphere, especially in the EAEC Treaty should include provisions aimed at the protection of the environment. In the result of the analysis of the international legal instruments underpinning integration in the energy sector, we can conclude that ecology is given unduly little attention. This can lead to substantial environmental problems in the formation of common markets of energy resources. In this regard, the authors propose certain measures.

Jus strictum. 2016;(4):63-65
pages 63-65 views

SOME PROBLEMS OF ADMINISTRATIVE PENALTIES

Nazarov S.A.

Abstract

The subject of research are some of the most common legal problems arising from the imposition of administrative penalties. In particular, deprivation of special right, the expulsion from the Russian Federation of foreign citizens or stateless persons, administrative arrest, disqualification and mandatory works. The article reveals the essence of the problems identified, to determine their probable adverse effects, and proposed possible solutions. Analysis subjected to many existing legal principles as a humanism, the possibility of appealing the decision of the court and authorized bodies, labor freedom. The paper analyzes how the current Russian legislation and bills.

Jus strictum. 2016;(4):66-68
pages 66-68 views

THE PRINCIPLE OF ADVERSARIAL PROCEEDINGS IN THE ADMINISTRATION OF JUSTICE: PROBLEMS OF REALIZATION

Ozhegovа G.A.

Abstract

Examines challenges in implementation of the principle of adversarial proceedings in the judicial process. Identifies irregularities in the implementation of this principle.

Jus strictum. 2016;(4):69-72
pages 69-72 views

SOURCES OF LAW: PROBLEMS OF THE THEORY

Rudkovsky V.A.

Abstract

The article is dedicated to the analysis of discussional points of the theory of sources of law. The article pays attention to dissatisfactory state of major pluralist concept. The author makes an endeavour to show the difference between sources of law, forms of law, and law-forming factors. It is suggested that one should understand a source of law as the will of a subject having the right to settle legal prescriptions and norms. The theoretical and practical meaning of such approach is shown. 

Jus strictum. 2016;(4):73-75
pages 73-75 views

THE NEED TO INTRODUCE CRIMINAL LIABILITY FOR DOPING IN RUSSIA

Seredkina O.A.

Abstract

The problem of doping in Russian sports. It is proposed to introduce criminal responsibility for the offense. The question of justification of increasing the punishment.

Jus strictum. 2016;(4):76-78
pages 76-78 views

PRINCIPLES FOR ESTABLISHING AND USE TAX SANCTIONS

Smagina A.Y.

Abstract

This article examines the problem of the establishment and application of the tax penalties c two points of view: the one she considered her a punitive measure, but on the other – as a motivation tool taxpayers, prompting to the norms of the tax legislation – the positive tax penalty. The development of law and legal theory pushed to such a consideration of the question of sanctions, offering to study the principles of their establishment and use. Among the basic principles and requirements of the establishment and application of tax penalties in the article is installed: the requirement of differentiation commensurate accountability measures to the offense, once, personalization and more. In addition, the article examines the use of an important category for the application of tax penalties – statute of limitations.

Jus strictum. 2016;(4):79-81
pages 79-81 views

FEATURES DISMISSAL OF PUBLIC SERVANTS ON THE INITIATIVE OF THE EMPLOYER

Strigina A.I.

Abstract

The ongoing major changes in anti-corruption legislation affected the legal status of civil servants, including in terms of the requirements for official behavior, limitations associated with the passage of the civil service, respectively, changed the grounds and procedure of dismissal of civil servant.

Jus strictum. 2016;(4):82-84
pages 82-84 views

THE PROBLEM OF CRIMINAL RESPONSIBILITY DETERMINATION UNDER THE CONDITIONS OF THE UNRECOGNIZED STATE

Stroykova О.M.

Abstract

The problem of criminalistics ensuring of criminal responsibility for the crimes committed on the territory of the unrecognized state has been considered. It has been noted that the public commission carries out the documentation of the crimes in such international legal realias. Its status of the out-of-procedural subject in the international criminal court proceedings has been confirmed. The use effectiveness of the criminalistics technology in the course of such documentation has been shown. The criteria of interaction optimization of the out-of-procedural subject with the parties of the court proceedings have been formed.

Jus strictum. 2016;(4):85-87
pages 85-87 views

THE TERMINATION OF CORPORATE RIGHTS OF PARTICIPANTS OF ECONOMIC SOCIETIES

Chuklova Е.V.

Abstract

In the article actual to date theme as corporate and civil legislation regarding termination of rights of membership contains a large number of evaluative concepts, which complicates their use in practice. In particular, the legislation reveals the concept of gross violation by the participant of their responsibilities. In the work the analysis of judicial practice on the basis of which the peculiarities of such methods of termination of corporate rights, as exit and exclusion, redemption and purchase of shares.

Jus strictum. 2016;(4):88-90
pages 88-90 views

RATIO AGREEMENT ON THE PROVISION OF EMPLOYEES AND PAID SERVICES AGREEMENT

Sheveleva Y.A.

Abstract

This article discusses two contracts: contract labor and contract workers providing paid services. The author conducted a comparative legal analysis of these contracts are marked advantages and disadvantages of using these contracts. In conclusion the author draws conclusions on the further use of these agreements in practice, taking into account the changes in the legal regulation of work.

Jus strictum. 2016;(4):91-93
pages 91-93 views

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