No 3 (2015)
- Year: 2015
- Published: 30.09.2015
- Articles: 18
- URL: https://vektornaukipravo.ru/jour/issue/view/29
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Description:
Published 30.09.2015
Full Issue
THE ISSUE OF CERTAIN ASPECTS OF SOVIET LEGISLATION DURING THE GREAT PATRIOTIC WAR
Abstract
This publication contains the characteristics of the individual-legal acts adopted in the USSR during the Great Patriotic War. Among them a special place is occupied by those directives to-Document, which served as the basis for the mobilization of the entire Soviet generation to repel the enemy. The article analyzes the provisions of the laws, direction-represented at raising the level of military and executive discipline; considered measures of responsibility applied to military crime Cams, guilty of committing mass crimes against civilians and prisoners of war; Patriotic Movement of representatives of various strata of Soviet society; activism USSR the internationally arena.
TO THE QUESTION ABOUT THE CONCEPT AND NATURE OF VERBAL OFFENCES
Abstract
The article analyzes some glimpses of verbal offences constituting oral (verbal) expression of circulated orally or in writing in time and space. These include: slander, insult, open and veiled incitement to commit illegal acts, death threats, defamation of judges and representatives of law enforcement agencies. Social harm of wrongful acts is to damage the honor, dignity and business reputation of individuals (citizens) and legal entities (organizations).
LEGAL ASPECTS OF COMMERCIALIZATION PROPERTY
Abstract
This article examines the legal problems of the commercialization of intellectual property, identify gaps and shortcomings of current legislation in the field of administration of intellectual property into circulation. It also discusses the legal problems of small innovative enterprises.
LEGAL STATUS AND INTERNAL POLICY OF THE GOVERNMENT AND MANAGEMENT INTERIM GOVERNMENT AND IN 1917
Abstract
The article is devoted to actual problems of the February bourgeois-democratic revolution: questions of legal status and authority of state power and control of Russia in 1917, especially a democratic republic as the form of government, formed after the revolution.
RELATIONSHIP OF FUNCTIONS AND PRINCIPLES OF LEGAL LIABILITY
Abstract
The subject of the research is the interaction functions and principles of legal liability, and their dependencies. The article reveals how the principles of legal liability affect its operation. Analysis subjected to the principle of legality, of inevitability, individualization of the offense and, accordingly, regulatory, preventive, punitive and remedial functions. The paper analyzes how the current legislation and its application, as well as the decision of the Constitutional Court of the Russian Federation. In the study, the author proceeds from the understanding of a wide two-pronged legal responsibility, and this is due to the allocation of regulatory functions of legal liability.
PROBLEMS OF LEGISTATIVE REGULATION FORMS OF GUILT OF THE TAX CODE OF THE RUSSIAN FEDERATION
Abstract
The purpose of this article is to investigate legal gaps in the regulation of forms of guilt in the Tax Code of the Russian Federation and to give recommendations for their elimination. The author proceeds from the fact that the existing regulation of negligence in the Tax Code in its essence is veiled of liability without fault, which is contrary to the principles of law, responsible. It conducted a comparative legal analysis of the forms negligence in the Criminal Code, the Administrative Code and the Tax Code. On the basis of that it concluded that the legislative interpretation of the concept of negligence in the Tax Code directly contradicts the very concept of guilt, the doctrine of free will and deterministic nature of the human behavior. The author concludes that paragraph 3 of article. 110 of the Tax Code must be read as follows: “a tax offense is considered committed through thoughtlessness if the person who committed it had known the illegality of his actions (inaction), foresaw the onset of socially dangerous consequences, but without sufficient reason to expect their prevention”. Article 110 of the Tax Code should be supplemented by a fourth paragraph as follows: “the tax law violation is considered committed through negligence, if the person who committed it was aware of the illegality of his actions (inaction), but did not foresee the occurrence of socially dangerous consequences, although he could lo and should have foreseen them.”
INTERNATIONAL LEGAL RESPONSIBILITY OF THE STATE
Abstract
The international legal responsibility of state has enormous importance for the entire system of international law. The possibility of application of international sanctions to the guilty state, the obligation of states to act in accordance with established and internationally standards, and in case of violation of these rules to fix the damage caused by it, proclaimed in theory and applied in practice as one of the basic principles of international law.
HISTORIOGRAPHY OF PROBLEMS OF ORGANISATION OF STATE AUTHORITY IN TRANSITION PERIOD
Abstract
The historiography of study of the state situation transition, the new political regime formation, the state structure and federal relations organization, the bodies cooperation under the powers separation principle are discussed in the article. It is concluded that the systematic study of this problem is necessary.
ON THE DRAFT LAW “ON NORMATIVE LEGAL ACTS IN THE RUSSIAN FEDERATION”
Abstract
This article analyzes the draft Federal law “On normative legal acts” developed by the Ministry of justice of the Russian Federation. Determined by its controversial and positive characteristics, provides recommendations aimed at improving the draft of normative legal act.
COMMERCIAL ESPIONAGE
Abstract
The article reflects the urgency of the problem of protection of information security in the modern period of development of the information society. The author investigates the question of adequate protection of information security subjects of economic activity by means of criminal law, in particular criminal and legal protection of commercial and banking secrecy. The analysis of the abstracts of master's theses on the subject under investigation, the judicial practice of the Republic of Belarus for commercial spying. First proposed approaches to further improve the criminal-legal law this problem.