No 1 (2014)

Full Issue

TO THE QUESTION ABOUT METHODOLOGICAL APPROACHES IN THE RESEARCH OF THE SUBJECT OF THE HISTORY OF STATE AND LAW OF FOREING COUNTRIES

Alexandrov I.A.

Abstract

In this article the problems, connected with the regularities of the origin, development, decline of the states and legal systems, are investigated. In particular, these issues are considered in the context of formation-based, civilized, synergetic approaches and the ideas about the meaning of life.

Jus strictum. 2014;(1):7-9
pages 7-9 views

ABOUT HISTORY AND REASONS DISBANDMENT TAX POLICE

Antoshkina A.V.

Abstract

Serious reforms in the law enforcement system of the Russian Federation cause the necessity of addressing to the historical experience of existence in Russia specialised bodies to combat specific types of crimes and critical thinking.

Jus strictum. 2014;(1):9-11
pages 9-11 views

FEATURES OF PROCEDURAL STATUS

Vardanyan V.M.

Abstract

The author considers some features of the procedural status of participants in special proceedings; it highlights a number of issues related to the imperfection of the current legislation of the Republic of Armenia.  In particular, the law does not define the other person concerned in a particular industry, at what stage and how they can be involved in the case, which are the procedural consequences of their attraction, and so on.

In summary, the author notes that in cases of special proceedings the applicant and other interested parties are independent entities in pursuing the same or separate interests, therefore, it necessary to legally establish a procedure for the involvement of other parties in the proceedings, as well as the possibility of procedural succession for affairs of special production.

Jus strictum. 2014;(1):12-16
pages 12-16 views

THE LEGAL GROUNDS FOR THE CONCLUSION OF THE CONTRACT ON THE LEASE OF BUILDINGS AND STRUCTURES

Veselova O.S.

Abstract

Article is devoted to the preparation and conclusion of a contract for the rental of buildings and structures, as well as the analysis of the legal grounds for its conclusion.

Jus strictum. 2014;(1):16-18
pages 16-18 views

LEGAL STATUS OF THE JUDICIARY IN THE RUSSIAN FEDERATION: THEORY AND PRACTICE

Vorobieva O.A.

Abstract

The paper presents the concept, purpose, authority, principles and functions of the judiciary.

Jus strictum. 2014;(1):19-24
pages 19-24 views

THE SYSTEM OF STATE BODIES ON COMBATING EXTREMISM IN THE RUSSIAN FEDERATION: PROBLEMS AND CONTRADICTIONS

Gavronov A.A.

Abstract

This article is devoted to the analysis of the modern system of state bodies on combating extremism in the Russian Federation, some of its problems, contradictions and perspectives of further development.

Jus strictum. 2014;(1):25-27
pages 25-27 views

TRIAL DEPONATION OF THE PRELIMINARY INVESTIGATION’S TESTIMONIES (COMPARATIVE LEGAL ANALYSIS)

Ghambaryan A.S., Hovhannisyan A.A.

Abstract

In the article there is being discussed one of the most actual problems in the area of criminal procedure – trial deponation of the preliminary investigation’s testimonies. In the article there is shown the comparative legal analysis of the trial deponation institute toward the Project of new criminal procedure code of the Republic of Armenia. The comparative legal analysis shows some areas of the discussed problem in several countries, such as Ukraine, United States of America, Moldova, Georgia, Kazakhstan and others, compares legal utilities of the trial deponation. The authors present various models of the deponation systems, contemporaneously comparing them with the model, proposed in the Project. The final section is devoted to the feasibility of implementing the trial deponation system in the new criminal procedure code of the republic of Armenia.

Jus strictum. 2014;(1):27-31
pages 27-31 views

LEGAL PECULIARITIES OF EVASIONS OF TAX, FEES AND OTHER CHARGES

Gyozhgyan A.S.

Abstract

The article is devoted to some peculiarities of evasion of taxes, duties or other obligations under the criminal legislation of the Republic of Armenia. Based on the  study  the author concluded that the fact of the  incorrect calculation of the amount of tax payable to the budget, does not entail criminal liability, if it has been proven that there is an error in the calculations.

Furthermore, the fact of not providing the documents on time, or the inclusion of false information in the documents, does not automatically constitute a crime.

Moreover, if only one type of tax wasn’t paid, it can also be fee or other mandatory payment, the act must not be qualified under the Art. 205 of RA Criminal Code.

Jus strictum. 2014;(1):31-34
pages 31-34 views

TO THE QUESTION OF THE FORMS OF REALIZATION OF STATE FUNCTIONS

Gogin A.A.

Abstract

The article analyzes the forms of realization of functions of the Russian state at the present stage of social development.

Jus strictum. 2014;(1):35-38
pages 35-38 views

THE CORPORATE RELATIONS IN THE LIGHT OF REFORM OF THE CIVIL LEGISLATION

Erzikova E.A.

Abstract

This paper analyzes the changes in civil law corporate relations. Considered a number of short stories in the area of ​​corporate governance. Analyzed the concept of "control" and "controlled" persons competence of the legal entity.

Jus strictum. 2014;(1):39-41
pages 39-41 views

SOME PROBLEMS OF CREATION OF UNIFORM ORGAN OF INQUIRY IN THE RUSSIAN FEDERATION

Zaporoshchenko A.M.

Abstract

For the last decades in domestic jurisprudence there is a discussion about creation of uniform organ of inquiry in this connection there are some questions and the problems demanding studying.

Jus strictum. 2014;(1):41-43
pages 41-43 views

TO THE QUESTION ABOUT THE ROLE OF THE FUNCTIONS OF PROTECTION MEASURES IN THE MECHANISM OF PROVIDING LEGAL SECURITY

Ivanov V.V.

Abstract

The article is devoted to the functions of protection measures: preventive, regulatory, remedial, security. The author analyses the role of each of the functions in the mechanism of providing legal security, as well as features of their impact on the behaviour of public relations.

Jus strictum. 2014;(1):43-46
pages 43-46 views

THE RATIO OF REGULATORY AND PUNITIVE LEGAL LIABILITY

Kabanov P.A.

Abstract

Investigation of the relationship and the ratio of regulatory and punitive functions allows a deeper insight into the essence of the legal institution of legal liability, determine the location of the punitive function of legal responsibility, among other functions, and reveal the unity of the negative and positive aspects of the legal liability.

Jus strictum. 2014;(1):46-49
pages 46-49 views

LEGAL REPRESENTATIVE OF THE SUSPECT AND THE ACCUSED IN CRIMINAL PROCEEDINGS

Lutckaya T.A.

Abstract

On the basis of the Criminal Procedure Code of the Russian Federation Code of Civil Procedure, the Federal Law on Enforcement Procedure, the Code of Administrative Offences of the analysis of the procedural status of the legal representative.

Jus strictum. 2014;(1):49-51
pages 49-51 views

THE LEGAL RESPONSIBILITY IN THE SYSTEM OF LOCAL SELF-GOVERNMENT

Luchkov V.V.

Abstract

The paper analyzes The issues of legal liability in the system of local government. Analyzed different positions of scientists in relation to the notion of legal responsibility in municipal law, focusing on the positive responsibility.

Jus strictum. 2014;(1):52-54
pages 52-54 views

INTERACTION OF EDUCATIONAL FUNCTION OF LEGAL RESPONSI-BILITY WITH REGULATORY, PREVENTIVE AND PUNITIVE FUNCTION

Melkumian M.G.

Abstract

The article examines the problems of interaction of educational function of legal responsibility with preventive, Punisher-Noah, rehabilitation and regulatory functions. Determined by the inter action of educational functions to each of the functions of the legal response of education. Emphasizes the systemic features of the legal responsibility.

Jus strictum. 2014;(1):54-57
pages 54-57 views

THE BINDING FORCE OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

Mikelsone G.V.

Abstract

The article is dedicated to determine de iure and de facto binding force of the case law of the European Court of Human Rights (hereinafter the ‘ECHR’) and its place in the system of legal sources in Latvia. The case law of the ECHR consists of legally important statements, which are included in judgements and decisions of ECHR, namely, of an interpretation of legal norms, made by the ECHR, and of judge-made law norms, which the ECHR has found in legal system by use of a further law-making. The author concludes that the case law of the ECHR is regarded as binding independent addition legal source in Latvia. This publication concerns not only Latvia but also all other member states of the Convention for the Protection of Human Rights and Fundamental Freedoms in respect of type of legal system in these states.

Jus strictum. 2014;(1):57-60
pages 57-60 views

THE DEFINITION OF CONSUMER EXTREMISM

Ozhegova G.A.

Abstract

Examines the major forms of deformation of lawfulness and based on the abuse of rights in the field of consumer protection.

Jus strictum. 2014;(1):60-63
pages 60-63 views

RATIO RELIGIOUS AND LEGAL RESPONSIBILITY

Putilkin P.A.

Abstract

In article types of social responsibility are investigated, the question of various approaches to concept of legal responsibility is considered and the concept of religious responsibility is deduced.

Jus strictum. 2014;(1):64-66
pages 64-66 views

LEGAL REGULATION OF CONTINGENT LABOR IN RUSSIA

Repeteva O.E.

Abstract

The article considers the essence and main types of contingent labor in Russia, problems of legal regulation of contingent labor, advantages and disadvantages, as well as prospects of development of the use of contingent labor in our country.

Jus strictum. 2014;(1):66-68
pages 66-68 views

CLASSIFICATION OF LEGAL LIABILITY

Repeteva O.E.

Abstract

This article analyzes the types of legal liability on various grounds. The author examines in detail the classification of legal liability on the sectoral criteria.

Jus strictum. 2014;(1):68-70
pages 68-70 views

ON THE CIVIL-LEGAL RESPONSIBILITY FOR VIOLATIONS IN THE SPHERE OF LABOUR

Repeteva O.E.

Abstract

Discusses the issues of civil-legal responsibility for violations in the sphere of labour in relation to the employer, the Manager and the employee in cases prescribed by law.

Jus strictum. 2014;(1):70-74
pages 70-74 views

ESTABLISHMENT OF THE INSTITUTE OF INSOLVENCY (BANKRUPTCY) IN X-XIX CENTURY

Savelyev Y.M.

Abstract

The article reveals the development of legislation on insolvency (bankruptcy) through the chronological adoption of legal acts in pre-revolutionary Russia.

Jus strictum. 2014;(1):74-77
pages 74-77 views

NEW ASPECTS IN THE CONCEPT OF PHYSICAL EVIDENCE

Safonova J.O.

Abstract

The discussion problem concerning identification of material evidence has become very important after the admission of New Criminal Procedure Code of Russian Federation. The author tries to analyze opinions of some scientists who have been researching this case so much. He offers his vision of the problem in the formulation of the concept of physical evidence, and makes certain conclusions about interrelations of two different points of view.

Jus strictum. 2014;(1):77-79
pages 77-79 views

ON THE RELATION OFFENCES AND COMPOSITION OF OFFENCES

Svyatkin M.V.

Abstract

This article examines the problem of the relation of the offense and the offense. The offense is regarded as the Legal fact, as part of the offense as a theoretical construct, on the basis of which the analysis of the offense.

Jus strictum. 2014;(1):79-81
pages 79-81 views

CONCRETIZATION OF GENERAL PRINCIPLES OF LAW IN CRIMINAL LAW IN LATVIA

Slanke G.

Abstract

The article is dedicated to one of the methods of further law-making – concretization or fulfilling with content of general principles of law. There are described the theoretical aspects of this legal method and investigated it’s practical manifestation in the judicial decisions in criminal law in Latvia. In the legal system of the democratic rule of law based state general principles of law are legal norms with the highest judicial power and the content of these principles can be defined only with concretization, therefore legality of this method is undoubted. This method is applicable regardless of whether it improves or worsens offender’s status.

Jus strictum. 2014;(1):81-84
pages 81-84 views

TO THE QUESTION OF LEGAL RESPONSIBILITY AS GUARANTEES OF PROTECTION OF HUMAN RIGHTS

Snezhko A.S.

Abstract

This article examines the legal responsibility to ensure human rights protection, based on its wide two-pronged understanding. Particular attention is drawn to the certainty of legal responsibility as a guarantee of protection of the rights of the injured party.

Jus strictum. 2014;(1):84-86
pages 84-86 views

THE QUESTION OF THE RULE OF LAW AS PRINCIPLE OF LEGALITY

Stankin A.N.

Abstract

This article describes one of the basic principles of legality - the rule of the Constitution and federal law.

Jus strictum. 2014;(1):86-89
pages 86-89 views

THE QUESTION OF THE MEANING OF THE LAW FOR THE RIGHT RESOLVING CONFLICTS

Stankin A.N.

Abstract

For reforms in the socio-economic and political spheres, you must have quality, internally consistent legislation. Today, a large number of regulatory legal acts adopted in Russia does not meet these criteria, resulting in the phenomenon of legal conflict.

Jus strictum. 2014;(1):89-92
pages 89-92 views

FINANCIAL RESPONSIBILITY - AN INDEPENDENT KIND OF LEGAL LIABILITY

Stepanova V.V.

Abstract

The article presents the arguments in favor of the recognition of the financial liability of an independent kind of institution of legal liability, beyond the administrative responsibility.

Jus strictum. 2014;(1):93-95
pages 93-95 views

THE MECHANISM FOR IMPLEMENTING CRIMINAL PROCEDURE LIABILITY

Tugusheva E.V., Poplavskaya N.N.

Abstract

This paper is devoted to the mechanism implementation of criminal procedural justice.

Jus strictum. 2014;(1):96-98
pages 96-98 views

TO THE QUESTION OF THE CONCEPT OF THE PRINCIPLE OF LEGALITY

Frolov M.V.

Abstract

The article analyses the notion of the principle of law and the principle of legality. Defines the basic requirements of the principle of legality, analyzed the current legislation.

Jus strictum. 2014;(1):98-100
pages 98-100 views

TO THE QUESTION OF THE CONCEPT OF OBSERVERATION LEGAL RELATIONSHIP

Harlanova S.Y.

Abstract

The article examines how the General notion of the relationship, and the characteristics observeration relations. It is noted that the relationship observeration relations with the positive legal responsibility. The author analyzes the existing legislation to identify the model observeration relations.

Jus strictum. 2014;(1):101-103
pages 101-103 views

TERRITORIAL LIMITS OF LEGAL RESPONSIBILITY FOR OF-FENCE

Khasnutdinov R.R.

Abstract

In the article the category of legal responsibility is examined from position of its spatial. Territorial principle is in particular probed as fundamental at determination of spatial limits of legal responsibility.

Jus strictum. 2014;(1):103-106
pages 103-106 views

POSITIVE AND RETROSPECTIVE LEGAL RESPONSIBILITY

Hachaturov R.L.

Abstract

The problems of the relation of positive and retrospective responsibility.

Jus strictum. 2014;(1):106-109
pages 106-109 views

DISTINCTION OF CRIMES ON THE GROUNDS OF SPECIFIC SUBJECT OF THE CRIME

Caghikyan S.S., Zohrabyan N.Y.

Abstract

The authors, considering the differentiation and individualization of criminal responsibility, as an essential condition for the execution of the principles of law, conduct research on topical issues distinguishing crimes on the grounds of a special subject.

Jus strictum. 2014;(1):109-112
pages 109-112 views

PROCEDURAL RESPONSIBILITY AS A MEANS OF PROTECTING THE CONSTITUTIONAL AND LEGISLATIVE PROCESSES

Chuklova Е.V.

Abstract

This paper is devoted to procedural accountability as a means of protecting the constitutional and legislative processes. The main measures of procedural responsibilities and their legal regulation.

Jus strictum. 2014;(1):113-115
pages 113-115 views

PROCESS RESPONSIBILITY IN THE SYSTEM OF PROCEDURAL COERCION

Chuklova Е.V., Krivickij V.V.

Abstract

The article is devoted to procedural responsibility as measures of procedural coercion. The article also describes the main measures of procedural differences liability protection measures and security measures. The authors concluded that measures to negative procedural responsibilities include only those measures that have the purpose of punitive impact on the offender , connected and charged him with additional responsibilities entail restrictions of personal and (or) property.

Jus strictum. 2014;(1):116-119
pages 116-119 views

CONCEPT OF CIVIL LIABILITY

Churyukina Е.M.

Abstract

During the development of market relations, every day we are faced with the conclusion of various agreements and transactions become participants of civil turnover. That is why each of us is a topical issue and guarantee the protection of civil rights. True definition of civil liability, and the legitimate use of its legal protection measures contributes population.

Jus strictum. 2014;(1):119-121
pages 119-121 views

TO THE QUESTION ABOUT THE CONCEPT OF LEGAL RESPONSE DOES

Jumaeva R.R.

Abstract

The article analyses the notion of the Institute of legal responsibility. The author proceeds from the fact that the Institute of legal liability is interdisciplinary and has regulatory-protective nature. Proves the reality and the legal nature of the positive legal responsibility.

Jus strictum. 2014;(1):121-123
pages 121-123 views

DEFINITION AND SIGNS LEGAL LIABILITY

Yangunaeva Y.I.

Abstract

Legal liability is the most important and effective legal means to maintain the necessary level of stability and security in society, is a guarantee of legality and justice. It is therefore important issue is to determine the precise concept of legal liability.

Jus strictum. 2014;(1):123-125
pages 123-125 views

TO THE QUESTION OF THE STRUCTURE OF THE EDUCATIONAL FUNCTION OF THE LEGAL RESPONSIBILITY

Melkumyan M.G.

Abstract

The article examines the structure of the educational function of the legal responsibility. Focus on the scantily studied the problem educational functions. Defines the main elements of the structure of the function.

Jus strictum. 2014;(1):126-128
pages 126-128 views

ON THE LEGAL NATURE OF THE GROUNDS FOR TERMINATION OF CRIMINAL PROSECUTION OF CRIMES COMMITTED IN THE ECONOMIC SPHERE

Nikolaeva M.Y.

Abstract

The article considers the problems of legal regulation of the grounds for termination of the criminal prosecution of a crime committed in the tax and economic spheres. Problems identified in the definition of legal grounds for termination and the necessity of exclusion of part 5 St the code of criminal procedure.

Jus strictum. 2014;(1):129-130
pages 129-130 views

LEGAL RESPONSIBILITY OF POLITICAL PARTIES AS INTERDISCIPLINARY LAW INSTITUTE

Jalilov E.A.

Abstract

The legal responsibility of the political parties in the various branches of Russian law. Particular attention is paid to the delimitation of the constitutional and legal sanctions and administrative responsibilities of parties. 

Jus strictum. 2014;(1):131-134
pages 131-134 views

LEGAL REGULATION OF TRADEMARK PROTECTION IN PRE-REVOLUTIONARY RUSSIA

Jalilov E.A., Kozlova E.A.

Abstract

The evolution of the Russian legislation on the protection of trademarks in the pre-revolutionary period . The main provisions of legislation from the XVII century to 1917.

Jus strictum. 2014;(1):135-136
pages 135-136 views

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