Jurisprudence |
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2006, No. 10/3
V.O. Belonossov
PRECEDENT IN RUSSIAN CRIMINAL PROCEEDING
This article is devoted to the problem of the analysis of contradictory aspects of the precedent in the criminal proceeding adjustment as a source of the criminal procedure law. Besides, this article includes the question of the law status of the decisions of Constitutional and Supreme Court of the Russian Federation in forming of the precedent the connection this one with the statute law.
N.P. Varfolomeeva
LEGAL GUARANTEES OF THE REALIZATION OF PUBLIC AUTHORITY COMPETENCE
The article studies the problem of political authorities power being realized. The existing juristic means of its ensuring are under consideration. Some ways of improving political authorities power are being introduced.
J.J. Verevkina
CORPORATIVE CONFLICTS IN JOINT-STOCK PRACTICE: CAUSES OF ORIGIN AND WAYS OF PREVENT
In this article to investigated some causes of origin and character of corporative conflicts. At the same time it is accentuated that the main function of joint-stock management is prevent and solve conflicts, because without conflicts inside firm is deposit its survival in aggressive competitive external environment.
V.E. Volkov
The article deals with the contemporary problems of the legislative confirmation of the spheres of jurisdiction of the self-governing organs of public power in the Russian Federation. Methods of forming the competence bases of local self-government within the federation are analyzed, the necessity of confirmation of the spheres of jurisdiction of the local self-government in the Constitution of the Russian Federation is explained.
G.J. Voropaeva
The article deals with citizens duties and public interest under the Constitution of The Russian Federation. The author takes into consideration the specific character of governmental interest, individual interest and public interest.
L.T. Gibadullina
THE LEGAL QUALIFICATION OF MEDICAL SERVICES AND ITS CLASSIFICATION
The work is dedicated to consideration the legal signs of medical services and its particularities. The author formulates the own determination of the medical services.
E.N. Gubina
TO A QUESTION ON IDENTITY OF ACTION
The present article treats and analyzes points of view of different scientists on quantative and qualitative definition of elements of action. Due to it we can come to a conclusion that the structure of action has three elements that include a subject of action, ground of action and a kind of judicial practice. However, law of Civil Procedure and judicial practice only treat a subject of action and ground of action as elements of action. It is these elements of action that help concretize circumstances of the case and allow to define identity of actions. Law of Civil Procedure does not comprise the conception of identifued actions. Nevertheless, there is legislative prohibition on repeated consideration of the same actions (i.e. identification of actions).
A.V. Zalozniy
ACTUAL QUESTIONS OF THE VICTIM’S STUDY
In the article within the scope of the question about penetration of private principles into criminal law the victim’s legal rights concerned with the offender’s responsibility are examined. In addition, the circle of participants of criminal matters is analyzed from the criminal law function point of view.
A.G. Nuriev
THE PLACE OF NOTARIES LAW IN THE RUSSIAN LAW SYSTEM
Today, the legal reality is that, that not define the place of notaries law in the system of Russian law. In this article we speak about some point of view about this problem.
E.M. Podrabinok
The specific character of the acquisition and arising of a title to property for housing in blocks of flats built with the attraction of the citizen’s means is analyzed in the article on the basis of the Russian Federation civil legislation in force.
V.V. Polyansky
CONSTITUTIONAL LIMITS OF MODERNIZATION SYSTEM OF PUBLIC POWER IN THE RUSSIAN FEDERATION
The public power in society, which organized by the govern-ment, and is modernized under the influence of objective, social, economic and political factors. The limits of modernization gov-ernmental and self-governmental powers determine by the consti-tutional restrictions, which direct on guarantees the main public rights and freedoms of people and citizens. The political neces-sity of modernization of public power, which comes out of the limits of a letter and spirit of the Constitution, can be realize by the condition to bring corresponding changes into the Constitu-tion.
Ju.Z. Sahapov
DEFINITION OF BUSINESS REPUTATION OF SUBJECTS OF BUSINESS AND OTHERS ECONOMIC UNDERTAKINGS
In the modern time, it is getting evident of necessity of searching of new potentials that vouches for stimulation and stability of development of economic relations. The author of this item has a conception that one of such possibilities is an implementation of rights for business reputation through subjects of business and others economic undertakings. It was made an attempt in this relation to expose of legal nature of business reputation as an intangible thing that is an object of non-property relations, to give its definition, to bare its characters and specific features.
K.N. Serezkhina
The article dedicated to problems of legislative regulation and qualification of concealment of a crime. Considering a concealment of felony crime as a part of conception of implication in a crime, the author points out on imperfection of normative definition of concealment of crime and difficulties, concerned with application this body of crime. For the purpose of negotiation named disadvantages the author submits possible variant of perfection criminal law.
I.A. Timaeva
ABUSING THE RIGHT IN CORPORATE RELATIONSHIPS: FEATURES AND WAYS OF PROTECTION
On the basis of the features analysis, that inherent to abusing the right in corporate relationship, in this article civil law ways of protection against the given phenomenon are proposed.
I.G. Shevchenko
The problem dealt with the correlation problem of the danger of destruction and damage of another person`s property of non – forcible larceny both in theory and in legislation. The analysis is given of the constructive and qualifying features of the above crimes. The question is put about the necessity of fixing adequately in the criminal legislation the qualifying features of destruction and damage of another person` s property with the purpose of observing the rules of strict distinction of liability in the criminal law.
A.V. Yakusheva
JUDICIAL ESSENCE OF INTERACTION BETWEEN STATE AND LOCAL JURISDICTIONS IN THE RUSSIAN FEDERATION
The article by A. Yakusheva “Judicial Essence of Interaction Between State and Local jurisdictions in the Russian Federation” is devoted to Russian federalism problems, specifically the interaction of “the federal center” and local agencies of State power. The author takes into consideration the specific character of federative relations in Russia and the building up of this system with account of subjective contents.
R.M. Yarva
THE FUNCTIONAL PURPOSE OF THE BICAMERAL STRUCTURE OF PARLIAMENTS IN FEDERAL SUBJECTS
À problem of choosing a unicameral or bicameral structure of a parliament is examined, including the one on the level of federal subjects. Typical goals and tasks pursued by the subject of a constitutive power by creating à bicameral parliament are also considered.