Vol 1, No 1 (2017)
- Year: 2017
- Published: 15.12.2017
- Articles: 15
- URL: https://medbiosci.ru/2587-9340/issue/view/24800
Full Issue
Articles
Introductory word of the Editor-in-chief, rector of Tambov State University named after G.R. Derzhavin
Current Issues of the State and Law. 2017;1(1):5-6
5-6
General Theory and History of Law and the State
PROFESSIONAL LEGAL PUBLIC ASSOCIATIONS IN THE CIVIL SOCIETY STRUCTURE
Abstract
Bstract. The peculiarities of location of the legal professional associations in the civil society are considered. It is noted that their role is determined by several factors, particularly the increase of their role in society and the state, which is confirmed by the fact that almost all modern professional legal public organizations have such important directions, as free legal assistance and legal education; public examination of projects of regulatory legal acts, anti-corruption, the assistance of personnel selection in the institutions of public power, as well as their significance in the development of civil society institutions and in the functioning of the state that must be considered in the development of modern Russian legislation in order to reflect the characteristics and trends of the influence of lawyers associations for the implementation of socially-oriented functions of the state. The role of professional legal associations and their influence on the activities of the state, in particular in the implementation of its individual functions, are analyzed.
Current Issues of the State and Law. 2017;1(1):7-17
7-17
THE RATIO AND THE CORRELATION OF LEGAL TECHNIQUE AND LEGAL PRACTICE
Abstract
The correlation and relationship of legal technique and legal practice are examined. It is proved that legal action must be conducted in compliance with requirements, use of methods and necessary means of legal technique. It is concluded that the legal technique is essential for prevention and remedy of correction the law errors arising in the implementation of various types of legal practice. The actual content of the legislation is revealed in the law enforcement process. In its turn, law enforcement is inextricably linked to the interpretation of legal norms. Interpretation of regulations by the judiciary has higher legal force in relation to the interpretation process of other forms of implementation - compliance, performance and use. Any implementation of law cannot contradict a judicial decision. Therefore, rules, techniques and mans used in the process of judicial law enforcement should be perfect, because they help to achieve the goals of legal practice.
Current Issues of the State and Law. 2017;1(1):18-25
18-25
Материальное право
TO THE QUESTION OF THE PLACE OF AUDIT Control IN THE FINANCIAL CONTROL SYSTEM OF THE RUSSIAN FEDERATION
Abstract
The issues of audit control are examined in accordance with the audit law. The question of financial control, its origin, development, nature and forms is raised. Concepts like financial control and supervision in the field of audit are correlated. The independence of audit control and the auditors, the differences of public and private types of financial control are considered. Besides, the principles that form the basis of the audit activities are revealed due to the fact that audit is a type of financial control. By analyzing the concept of audit and doctrinal points of view its position in the system of financial control is determined.
Current Issues of the State and Law. 2017;1(1):26-34
26-34
THE ROLE OF LEGAL ACTS of the Central Bank OF the RUSSIAN FEDERATION IN REGULATING RELATIONSHIP IN FINANCIAL MARKET SPHERE
Abstract
The creation of a megaregulator of the financial market on the base of the Central Bank of the Russian Federation requires a doctrinal understanding of the quality of implementation of public-legal status of the Central Bank of the Russian Federation, including questions of efficiency of publication of legal acts. The role of such regulator is determined through the analysis of the functions of the legal acts of the Central Bank of the Russian Federation. The legal acts of the Central Bank of the Russian Federation include the statutory acts of the Bank of Russia, the law-enforcement acts of the Bank of Russia, the interpretative acts of the Bank of Russia (acts of interpretation), the contractual acts of the Bank of Russia. General and special functions of the legal acts of the Central Bank of the Russian Federation are identified. The strategic role of the legal acts of the Central Bank of the Russian Federation in regulating the relations in sphere of the financial market is defined.
Current Issues of the State and Law. 2017;1(1):35-45
35-45
THE SUBJECT OF CORRUPTION CRIME: THE PROBLEM OF UNDERSTANDING
Abstract
The theoretical aspects of the subjects of illegal actions in corruption-related crimes are considered. This question is revealed through the analysis of the concept of the subject of crime, history of criminal liability for corruption crimes in the history of domestic legislation. The attention is drawn to the fact that criminal law requires clarifying the concept of civil servant, as the problem of recognition a civil servant officer is still relevant. It is substantiated that the subject of corruption crimes can also be any sane person over the age of sixteen, whose actions are aimed at obtaining personal gain or he is acting in the interests of third parties or groups by declension officials to illegal activity. It is noted that it is not a mandatory feature of the presence of the subject to have any official powers, since, for example, any capable citizen who has attained the age of sixteen can offer a bribe to a civil servant or to mediate in bribery.
Current Issues of the State and Law. 2017;1(1):46-56
46-56
THE PROBLEMS OF ESTABLISHING THE Parentage OF CHILDREN who WERE BORN WITH THE USAGE OF SURROGAcy
Abstract
The establishment of origin of children who were born with the usage of surrogacy is considered. Based on the analysis of doctrinal, normative sources and the materials of judicial practice weaknesses and gaps in the legal regulation of establishing the origin of a child born to a surrogate mother are revealed, and proposals aimed at their elimination are formulated. In addition, it is noted that the complexity of these issues are based on ethical, religious, social issues and imperfection of the legislative framework. The concepts of “origin of the children”, “surrogacy” are examined. The view is expressed that the requirement of submission in case of state registration of birth on application of the spouses, who gave consent to implantation of embryo to another woman for gestation, some documents issued by the medical institution confirming the fact of receiving the consent of the woman who gave birth to a child (surrogate mother) is necessary, since mentioning those parents as parents not only violates the rights and legitimate interests of those persons, but also of the child. The attention is paid to the problem of determination of the subject structure of persons entitled to use the services of a surrogate mother. The gaps are shown in the legal regulation of establishing the child’s origin in case of death of intended parents or a surrogate mother. In addition, the need for establishing requirements for persons involved in the surrogacy program is indicated, the same as adoptive parents have. These provisions will meet the interests of children.
Current Issues of the State and Law. 2017;1(1):57-69
57-69
THE PROBLEM OF The PLEDGE Of SHARES
Abstract
The issues of pledge of shares are discussed, the definition of a pledge of shares in general is given, the reasons of formation of pledge of shares are considered, and the emphasis on problems of pledge of shares is made. The differences of the law of the Civil Code of the Russian Federation and interpretation plan for the implementation of corporate rights to joint-stock companies and limited liability companies are analysed. The examples from practice are given. Property and non-property rights are the essence of the shares, so all stock trades must be viewed from this position. The argument is confirmed by the practice of transactions when formal nature of the shares is the most important part of such transactions. On the basis of the research the most important meaning to perform speculative transactions is determined.
Current Issues of the State and Law. 2017;1(1):70-77
70-77
Процессуальное право
THE “THORNY” PATH OF UNIFICATION OF CIVIL PROCEDURAL LAW
Abstract
The research of process of unification of civil procedural law, for example, of one procedural institute is presented. To analyze the changes in the legal regulation the institute of filing a lawsuit to court in the Civil Procedure Code of the Russian Federation, Commercial Procedure Code of the Russian Federation, and Administrative Court Procedure Code of the Russian Federation was elected. The problem of applying the prerequisites of the right to claim as grounds for denial of the claim is explored. It is concluded that the changes in the arbitration procedural legislation are progressive and respond to the ideas of unification inherent in the Concept of a single procedure code of the Russian Federation. In particular, the basis for denial of the claim, contained in art. 127.1 of the Commercial Procedure Code of the Russian Federation, is more in accordance with the requirements of access to justice than the basis fixed in Civil Procedure Code of the Russian Federation and Administrative Court Procedure Code of the Russian Federation. Thus, by introducing common to all the codes the institute of denial of the claim, the legislator leaves the difference in the grounds for it. However, the introduction of the institution of refusal to accept applications for the issuance of a writ in the Commercial Procedure Code of the Russian Federation is intended to unify a reason for that, in all three procedural codes, which should be considered as a positive trend in the development of a unified civil procedural law.
Current Issues of the State and Law. 2017;1(1):78-89
78-89
To tHE question of DEVELOPMENT OF A SIMPLIFIED FORM OF Court procedures IN CIVIL PROCEEDINGS
Abstract
The issue of unification of simplified forms of civil proceedings is studied. The changes which was included in Civil Procedure Code of the Russian Federation and Commercial Procedure Code of the Russian Federation which entered into force on June 1, 2016, and in the Administrative Court Procedure Code of the Russian Federation entered into force on May 6, 2016, showed that unification of the civil proceedings in the context of the development of simplified production involves the conservation of existing types of simplified forms of proceedings: clerk, part-time civil process, simplified in arbitration and administrative proceedings, as well as “interchange” of simplified procedures that have proven effectiveness in practice - introduction to civil procedure a simplified form of proceedings, and in arbitration proceedings and administrative court proceedings - writ proceedings.
Current Issues of the State and Law. 2017;1(1):90-96
90-96
WRIT PROCEEDINGS AND Simplified PROCEEDINGS AS ELEMENTS OF EVOLUTION OF The WRITTEN form of action OF CIVIL Court PROCEDURE
Abstract
Writ proceedings and simplified proceedings as a written procedural structures arising from the evolution of the written form of action of civil proceedings are studied. It is concluded that the writ proceeding is not determined by the legislator as a simplified. It is believed that the writ proceedings are independent civil proceedings with the application as the primary method of transmitting information between the court, the creditor and the debtor of a written means of conveying information. It is concluded that the simplified procedure is defined by legislator as the possibility of transition from the normal procedure to use a written procedure. Application of the writ proceedings and simplified proceedings is possible only in specific situations, established by the legislator. As the legislator considers writ proceedings and simplified proceedings as optimal proceedings to resolve these situations.
Current Issues of the State and Law. 2017;1(1):97-103
97-103
Национальная безопасность
BELARUSIAN EXPERIENCE OF REFUGEE INTEGRATION
Abstract
The issues of integration of refugees into the Belarusian society are discussed. The attention is drawn to the necessity of taking into account international experience, improvement of the system of refugees’ admission, and the expansion of migrant’s access to education. The activities of the United Nations High Commissioner for Refugees office in Belarus are considered. This office implement a number of projects in the country, as well as on the activities of public organizations of Belarus, which are also successfully implement projects for integration of refugees. It is concluded that the integration of refugees in Belarus should be based on the experience of European countries, since it will allow to avoid mistakes in the integration of refugees into society and to provide them all provisions of the rights while mass migrations. It is noted that there is the need to reform existing system of admission of refugees in Belarus.
Current Issues of the State and Law. 2017;1(1):104-109
104-109
RUSSIAN AND GERMAN NOTARIES IN THE LAW ENFORCEMENT SYSTEM: SOME LEGAL ASPECTS
Abstract
The notarial systems of the two states - Russia and Germany are analyzed and correlated. Differences in the legal regulation of notaries in both countries are established. Their legal status is focused on, the fact that notary lawyers are unacceptable for Russia from the list of forms of the German notary is considered, since Russian notaries have their own sphere of activity. Attention is paid to aspects, in particular, concerning the rights, duties, and responsibilities of notaries, their legal status, the specifics of the organization and organization of activities. The requirements for candidates for notary positions in both countries are analyzed. A significant difference was found in the fact that German notaries should have such qualifications that would allow them to take up the post of judge. The difference in terms of training and practical experience in filing documents that allow to acquire the status of a notary is noted. Also additional data is given and analyzed. It indicates fraudulent actions and abuse of powers of notaries, ways of criminal activities are outlined.
Current Issues of the State and Law. 2017;1(1):110-120
110-120
Право в системе социальных наук
THE INFLUENCE OF THE SPIRITUAL and CULTURAL APPROACH TO THE PROCESS OF TRANSFORMATION OF THE FUNCTIONS OF LAW
Abstract
The functions of law from a position of spiritual and cultural approach are examined. This approach allows to focus on values and properties of positive law, as well as on the results obtained with its help in the economic, political and spiritual spheres of public life. It is noted that the legal life under the influence of the spiritual and cultural approach is closely associated with the use of information and translation function of law. This function seems to be the unity of two principles - information and translation. It is concluded that the analysis of the functions of law indicates the position of the spiritual and cultural approach that allows to note its axiological and creative properties. In addition, the law aspiration to spiritual and transformative effect on social reality in the legal plane is indicated.
Current Issues of the State and Law. 2017;1(1):121-130
121-130
ENSURING ECOLOGICAL SAFETY IN THE CONDITIONS OF MODERN GLOBAL ENVIRONMENTAL CHALLENGES TO MANKIND
Abstract
Activities of the state for ensuring ecological safety as the independent direction within ecological function of the state are considered. Research of a problem of ensuring ecological safety in the context of existence of modern global environmental challenges to mankind is made. The characteristic of ensuring global ecological safety and ensuring internal ecological security of the Russian Federation is given. The necessity of implementation of complex of measures aimed at stabilizing the environmental situation is proved. The analysis of the impact of current global ecological challenges on the external function of the state is made. The rules and measures established by the legislator and aimed at ensuring environmental safety are examined. The development directions are reviewed in order to ensure environmental security: environmental security in the implementation of potentially hazardous activities and in emergencies, reduction of environmental pollution and saving the resources, improvement of quality of life and health of the population by reducing the impact of environmental factors.
Current Issues of the State and Law. 2017;1(1):131-140
131-140