Vol 4 - No 2 (2019)
ACTUAL PROBLEMS OF MODERN LAW
Belyanskaya O. V.
Shepeleva D. V.
- Features of expression and implementation of the principles of budget control
Annotation. The specificity of the principles of budget control, the features of their expression in the norms of Russian law are analyzed. It is stated that there are three groups of principles: General legal, sectoral and special principles, which together determine the specifics of the functioning of budget control.
The authors concluded that the rules-the principles of fixing, directly or indirectly, the principles of fiscal control exist in various branches of Russian law, evidence of the interdisciplinary nature of the rules of the budget law regulating the budgetary control and their functioning is impossible without industrial communication.
Keywords: budget law, budget control, principles of law, state control, General legal principles, special principles of law.
Afanasev M. V.
- Issues of implementation by the penitentiary inspectorates of control over the observance by convicts of a ban to occupy certain positions or engage in certain activities
Annotation. The article deals with the implementation of the criminal Executive inspection control over the observance of the prohibition of convicts to hold certain positions or engage in certain activities. As a result of the study of problematic issues that prevent the effective execution of punishment in the form of a ban to hold certain positions or engage in certain activities and the lack of liability for evading this punishment, the author makes proposals for amendments the criminal code of the Russian Federation and the Criminal Executive code of the Russian Federation.
Key words: punishment in the form of prohibition to hold certain positions or engage in certain activities, responsibility for non-execution of a court sentence.
Gritsaenko P. P.
- Some of the research questions of the corpses clothing (article 106 of the criminal code).
Abstract. The article, from a forensic standpoint set out the problem definition and assessment of causes of death of fetuses and newborns in cases of examination of the bodies of babies discovered in unusual circumstances, for making the right legal decisions of the employees of the investigation.
Key words: baby, fetus, newborn, expertise of the corpses of the fetuses and newborn infants, violent and non-violent death, murder, passive, active homicide, an accident.
SOCIETY AND LAW
Matevosova E. K.
- The influence of painting on the legal culture of society
Annotation. In the world-famous museums and buildings of government organizations of all countries, we can find a large number of paintings by artists, presented to the general public, and those, stored in their oldest archives, which directly or with a light veil of secrecy reflects the problems of law and the state.
The legal and art history analysis of the works of the world art makes it possible to discover in them the “expression” of law, that influences the emotional and intellectual elements of legal consciousness and, consequently, the legal culture of society.
The author justifies the conclusion, that painting can act as a tool not only for the formation of a socially active legal personality, but also for the dissemination of nihilistic attitudes.
Keywords: culture, legal culture, art, painting, law, state, society
Shepelev D. V.
Belyanskaya O. V.
- Right-implementing agreement as a type of right-implementing act
Annotation. The right-to-implement contract is analyzed as a special type of right-implementing act with specific features: the parties to such an agreement are clearly defined; the contract is binding «only for those who accepted it»; the rules of conduct contained in the contract have a quasi-normative property; the contract is aimed at a one-time execution of the prescriptions contained therein.
The authors reveal its legal nature, drawing attention to the fact that the right-implementing agreement in the regulation of social relations is an element of the process of the direct form of the implementation of the law.
The right to realize the contract has two main functions: the actual legal and general social.
Analysis of the legal nature of the right-implementing contract allows us to conclude that this volitional act is a transaction, the conclusion of which contributes to the direct realization of certain subjective rights and legal duties of legal entities, during which legal interests and needs are met.
Key words: right-implementing act, right-implementing contract, realization of the right, direct form of realization of the right, interests in the right.
THE TRIBUNE OF YOUNG SCIENTISTS
Sodomtseva E.V.
- Regulation of proprietary means of proprietary rights defense under reforms of civil legislation
Annotation. The article gives the description of proprietary means of property rights defense. The author reveals their legal nature. A comparison of current legislative means with the ones offered by the developers of the Project is being given. Based on the comparison and analysis performed it is proposed to state the classification given in the Project, highlighting the claim for recognition of property rights and the claim for exemption property from the arrest (exclusion the property from the inventory) as self-sufficient means of property rights defense.
Keywords. proprietary rights, property rights, protection of property rights, vindication claim, nugatory claim, claim for recognition of property rights, claim for exemption property from the arrest (exclusions the property from the inventory).
Ignatiev A. A.
- To the issue of judicial discretion when making a decision to stop or suspend harmful activities to the environment
Annotation. The article deals with the issue of contrast between public interest and society’s needs in environmental safety. The author analyzes the mechanisms of balancing between ecological and economic interests of the society when deciding to stop or suspend harmful activities to the environment. This work depends on provisions of the Russian Federation Civil Code, Decree of the Plenum of the Supreme Court of the Russian Federation №49 30.11.2017, and court practice and ruling as well.
Key words: supreme court, judicial discretion, environment, responsibility, decree of the supreme court, preventing damages, termination of activity, suspension of activity, public interest, injunction, environmental damages.
Belousov A. I.
- Features of the consideration of civil cases of first instance in the United States of America
Annotation. In modern legal families, there are different approaches to law-making and the legal application of procedural law in the field of civil procedure, namely in the field of judicial proceedings. The article deals with the peculiarities of holding a trial in civil cases in the Anglo-Saxon legal family, namely in a separate country, like the United States of America.
Key words: Trial, United States of America, civil case.
Kamalov B. A.
Yunusova R. I.
- Self-defense in civil law
Annotation. The article discusses the features of self-defense of civil rights. The legal framework for the protection of their rights is described and the main methods of self-defense are presented, in accordance with the legislation of the Russian Federation. The algorithm of actions for self-defense is presented.
Keywords: self-defense, civil rights, violation of rights, methods of self-defense.
Shawa E. V.
- The problem of cybercrime and the classification of victims of cyber crimes
Annotation. The article is devoted to the study of innovation in the field of personnel management, which examines the main stages of the innovation process, the direction of innovation in HR-management, as well as the consideration of innovative HR-technologies that have become widespread in practice.
Key words: HR-management, innovative technologies, personnel processes, personnel training.