Vol 5 - No 1 (2020)
ACTUAL PROBLEMS OF MODERN LAW
Ivanova S. A.
- The issue of unification of normal national legislation
Annotation. Considering the unification of the legislation of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan as a logical continuation of partnership relations, the author in the article conducts these countries and suggests measures to make the norms in the field of civil law uniform. The author supports the idea of developing the Basics of civil legislation as a tool for further convergence of civil legislation of the Republic of Belarus, Kazakhstan and the Russian Federation. The article also draws attention to foreign experience in creating a unified legal framework. Suggestions were made on the conditions for applying The basics of civil legislation of the EAEU member States.
Keywords: unification, civil legislation, Union state, Eurasian economic Union, Basics of civil legislation.
Alikberov K. D.
Albov A. P.
- Some problematic aspects of the implementation of the contract for the provision of services
Annotation. The study showed the characteristics of the services market in a rapidly developing society in the Russian Federation. The author in his work indicates the insufficiency of legal regulation of certain types of legal relations in the field of contractual obligations. The work describes that the parties are increasingly beginning to face various problems in the implementation of the provisions of the agreement. The author has proposed an optimal method that allows dividing legal regulation measures into separate groups, which are expressed in the need to strengthen the state influence on relations that relate to the provision of information when counterparties conclude service contracts. Various points of view related to the rights and obligations of the subjects of the contract for the provision of paid services are considered. Based on the norms of civil law, the author traced the powers of the parties to a unilateral refusal to fulfill contractual obligations and outlined his clear position on this aspect.
Keywords: contract for the provision of services, the market for services, contractual obligations, subjects of the contract, the Law on the Protection of Consumer Rights, refusal to fulfill the contract, civil contract.
Maystrenko G.A.
Maystrenko A. G.
- Sources of legal regulation of the protection of personal data of an employee in Russia
Annotation. The article reveals the legal source that regulates the protection of personal data of employees in any branch of Russia. The Russian Constitution, constitutional, federal, federal and by-laws, as well as local legal acts of various branches of workers' activities are taken as the basis.
Keywords: legal act, personal data, employee, sources, law.
Usacheva E.A
- The mediation clinic as a way of promoting the mediation
Annotation. In this article, the author considers the mediation clinic as a way of promoting the mediation in the Russian Federation. The advantages of the mediation clinic as a way of promoting mediation are outlined. The conditions of effective functioning of the mediation clinic are revealed. Based on the analysis of the experience of various law schools, the main approaches to the organization of mediation assistance on the basis of legal clinics are identified and critically evaluated.
Keywords: mediation, mediator, co-mediation, legal clinic, mediation clinic, out-of-court mediation, mediation assistance.
Nesmeianova I.A.
- Unification of national legislation in the context of economic integration within the EAEU
Annotation. Considers the legal aspects of the Eurasian Economic Union. The organizational structure assumes a significant role in an integration association, which is aimed at creating a single whole from the group of sovereign independent entities. Under such conditions, the empowerment of an integration organization with the authority to issue legally binding, including regulatory legal acts is of key importance.
Key words: Eurasian Economic Union, multilateral terms, integration, civil legislation, modernization.
RUSSIAN AND WORLD PROBLEMS OF CRIMINAL SCIENCE
Sembekova B. R.
- Counteraction to terrorism: criminal and criminological aspects
Annotation. The article deals with criminal and criminological aspects of countering religious extremism and terrorism, which are seen as a form and content. The improvement of criminal law policy is under consideration. The analysis of standards of the criminal legislation of the Republic of Kazakhstan is carried out. Ways to improve criminological policy on the basis of research of scientists named after L.N. Gumilev (Nur-Sultan), RUDN (Moscow) and Bristol University (Bristol, England) have been revealed.
Keywords: Religious extremism and terrorism. Criminal policy. Criminal law of the Republic of Kazakhstan. Criminal legal mechanisms to counter terrorism. Criminological policy. Ways to improve criminological policy.
Milovanova M. M.
Petrantsova T. S.
- Actual forensic technologies and the possibility of their use in the investigation of a crimes
Annotation. Forensic tools play an important role in the activities of law enforcement bodies to uncover, investigate and prevent crimes. The use of technical forensic tools allows to detect and capture the invisible and weakly visible traces, to make search and research of different objects, to obtain significant forensic information. The recent innovations in this area simplifies the search of any hidden objects (caches, corpses and their parts, etc.) and provide the high level of documentation the situation of the incident during the investigative actions, increase the productivity of the investigators and the specialists. This situation implies the introduction into practical investigative and expertise activities and promotes the active using of the latest technologies and the on-basis technical-forensic tools. The article analyzes some modern technical-forensic tools and the possibilities of their use in the investigation of a crimes.
Keywords: forensic technology, technical-forensic and searching tools, crime investigation.
Davlatov D. D.
- Features of a criminal fraud case
Annotation. The article considers the points of view on preliminary verification as a necessary condition for initiating a criminal case. You have instituted grounds for criminal proceedings in the investigation of fraud crimes. Conclusions are drawn about the peculiarities of initiating a criminal case of fraud.
Keywords: fraud, criminal prosecution, investigation, preliminary verification.
Sembekova B.R.
Zhumabekov E. S.
- Criminal procedure mechanisms for the protection of national interests
Annotation. The article considers criminal procedure mechanisms for the protection of national interests on the basis of the improvement of the norms of the criminal procedure legislation of the Republic of Kazakhstan. The norms of the current criminal procedure legislation of the Republic of Kazakhstan are being analysed, and dominant directions of development of criminal procedure norms developed on the basis of theoretical studies of scientists and practitioners are being identified. The comparative analysis includes the rules of the criminal procedure legislation of Germany and the Republic of Kazakhstan.
Keywords: National security. National interests. Criminal procedure law. Principles of criminal proceedings. Criminal procedure procedures. Criminal procedure legislation of the Republic of Kazakhstan and Germany.
Dzharlykasymov Y. T.
- Comparative analysis legal approaches to the formation of the national idea states Eurasian economic space
Annotation. The article presents a comparative analysis of theoretical and legal approaches to the formation of the national idea in Kazakhstan, Kyrgyzstan and Russia. The purpose of this study is to reveal the features of these approaches. The article reveals the main trends in the implementation of the national idea in the legislation of each of the above countries; reveals the features of ideological disputes around the formation of the national idea in each of the States; analyzes the General and special in such approaches in terms of the formation of the General idea of Eurasianism. The analysis confirmed that in the spiritual sphere in the post-Soviet countries such priorities as patriotism, universal solidarity, unity of the people, the supremacy of national interests over personal ones, purity of moral principles, love for the Motherland, development of cultural potential and preservation of the cultural heritage of the country fully coincide.
Keywords: post-soviet space, liberalism, national idea, state ideology, concepts, program documents, development strategies.
THE TRIBUNE OF YOUNG SCIENTISTS
Antsiferova E. K.
- To the question of the legal aspect of territories with a special regime of entrepreneurship
Abstract: in the article is provided an analysis of the essence of such a category as a territory with a special regime of entrepreneurial activity in order to formulate its definition. The legislation regulating the types of territories with a special regime of entrepreneurial activity and options for its possible reform are considered. Special attention is paid to the consideration of the reporting performance indicators of different types of special economic zones in Russia and the analysis of the investment attractiveness of some of them, including through research and comparison of benefits provided to their residents. A distinction between the concepts of «special economic zone» and «offshore» is made.
Keywords: special economic zone, a special regime of entrepreneurial activity, the right to conduct business, tax exemptions, offshores.
Bortnik I.V.
- Liability for violation of financial legislation: legal analysis of norms
Annotation. The article analyzes the legal norms related to liability for violation of legislation in the financial sphere, the features of their types. Various types of offenses and sanctions, which are supposed by some normative-legal acts, as well as features of their application, are considered. It is stated that there are many types of liability in the Russian legislation, but the analysis is carried out on the main ones, which are most often found in practice. As conclusion, the author presented some problems existing in the current legislation and ways to solve them.
Keywords: financial legislation, legal responsibility, offense, financial responsibility, administrative responsibility.