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ECONOMICS. LAW. SOCIETY

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No 1 (2016)
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6-21 443
Abstract
The article deals with one of the main categories of intellectual property rights – the category of "the exclusive rights". The authors analyzed a significant amount of doctrinal sources – the works of Russian and foreign scientists – containing different views on the legal nature of the exclusive rights, among which are the representatives of the proprietary theory, the theory of intellectual property rights, a combination of "positive" and "negative" aspects. The article also notes that at the end of the XIX century was formulated a significant number of other theories which, anyway, explained the legal nature of exclusive rights. Analyzed its content and relation to other categories – ownership. Considerable attention was paid to the authors study the conditions for obtaining such objects of legal protection of industrial property rights as a subject of patent rights, selection achievements, computer programs, integrated circuits, as well as databases.

INTERNATIONAL LAW

22-25 216
Abstract
This article analyzes political and legal experience of the European Union on upgrading the concept of the media in connection with the electronic system of interaction between modern society and the state. Current Russian legislation establishes the concept of "the CE-network edition". If clarification or further development of categorical apparatus, when the legal regulation of social relations on the Internet the experience of the European Union can be taken into account. The article defines and describes these criteria as "objective", "editorial control", "outreach and extension", "intention to act as the media" and "public expectation".

ГРАЖДАНСКИЙ И АРБИТРАЖНЫЙ ПРОЦЕСС

26-30 437
Abstract
June 9, 2014 in the State Duma the preparation of the concept of a Unified Civil procedural code of the Russian Federation and its text combines the rules of both the Civil procedural and Arbitration procedural codes of the Russian Federation has began. 8 December 2014 the text of the Concept has been prepared, and now the work on the Unified text of the Civil procedural code is to be finished.
In this article the author considers some problems of codification of the norms of civil and arbitration process according to the recent trends of development of legislation, the prospects of unification of civil, arbitration and administrative proceedings’ norms, as well as the development of legislation on arbitration courts.
31-36 408
Abstract
In accordance with the author's intention in the article in accordance with the constitutional foundations analyzes the wage and social insurance in Russia, unjustified superdifferential in wages, which exclude the financial participation of low-income workers in compulsory social insurance, which should be included in the system of compulsory social insurance without any conditions and restrictions. It analyzes the state of wages, the necessity of state regulation of wages, the basic state guarantee on wages minimum wages and salaries in Russia with the aim to define the conceptual basis in the interests of the population should be legal regulation of wages in Russia, in particular, it is argued that consumer demand is the main, and only the engine of the market economy and it needs moderate to outstrip production capabilities. It draws attention to the use of state and contractual regulation of labour, as objectively necessary and socially justified if public and private regulation of labor relations in the sphere of remuneration are correctly related. The main purpose of contractual regulation of remuneration should be to improve the situation of workers on the basis of the agreement between the parties of social partnership. For its part, the state should not interfere with the balance and supply of labour in the labour market, the formation of a natural price for labour.
37-43 525
Abstract
In article the legal nature of the contract on rendering services in use of infrastructure of railway transport is considered. It is specified that this contract is among civil contracts on rendering services, and its versions make their separate subgroup. Its public character consisting in a duty of the owner of infrastructure to sign such contract with any carrier which addressed with the offer on identical for all conditions is distinguished from the listed signs of the contract. The provision of Art. 50 of UZhT Russian Federation identifying the concepts "works" and "services" when determining subject of the contract is criticized. Within the analysis of a fundamental obligation of the owner of infrastructure on ensuring access of the rolling stock of a carrier to railway tracks and other objects of infrastructure are allocated as ways of its performance, first, inclusion of a rolling stock in the schedule of the movement, and secondly, observance of the schedule on all transit.

CIVIL LAW

44-49 1646
Abstract
The article presents the issues of regulation of relations arising when verifying business activities and protection of rights of legal entities and individual entrepreneurs while implementing state and municipal control. Lists the bodies authorized to exercise control and supervision over the activities of legal entities and entrepreneurs. Determined to protect the rights of legal entities and entrepreneurs out of court prosecutors, a body of non-state civil jurisdiction the notary who is entitled to make and certify different types of transactions for the protection of undisputed rights of legal entities and businessmen, arbitration courts that permit an independent, neutral person – the arbitrator (or panel of arbitrators) of the civil dispute, mediation bodies by applying the method of dispute resolution with the assistance of the mediator based on the voluntary consent of the parties to achieve a mutually acceptable solution.
50-54 886
Abstract
The article analyzes peculiarities of bringing to administrative responsibility of the special subjects for violations in the sphere of road traffic Regulations. Developed mechanisms to improve the Institute insignificance of offences in the sphere of road traffic Regulations. The article stated that in the case of an employee of sufficient data, indicating the presence of event of an administrative offence committed by the person presenting documents confirming fulfilment of certain state functions (deputies, judges, prosecutors and other persons), to the specified person in accordance with article 1.4 of the Code on administrative offences of the Russian Federation measures of maintenance of manufacture on business about administrative violation and administrative liability in accordance with the special conditions established by the Constitution of the Russian Federation and Federal laws. Stated that the judge of the constitutional Court of the Russian Federation may not be involved in any responsibility, including after the termination of his powers, for the views expressed by them in the proceedings in the constitutional Court of the Russian Federation, unless a legally effective verdict of the court will not set the guilt of the judge in criminal abuse of their powers.
55-60 271
Abstract
Considered under this article are subject to some problematic issues of interaction of investigator and operational staff in the investigation of bribery and commercial bribery in utilities. Put in the actual work of the problem lies in everyday interaction and joint planning of the activities of these entities. In turn, this leads to focused, effective planning of MPAS and investigations, drafting of procedural documents, which subsequently will be recognized as material evidence in a criminal case. Considered some of the distinctive features of the preparatory phase for the complex ORM to arrest the criminals red-handed and the place and procedure role of the investigator in this event. The article also highlights many other issues of forensic science related to the problem of investigation of cases of bribery and commercial bribery in the sphere of housing and utilities.
61-67 334
Abstract

The article discusses the changes of the amounts of narcotic drugs and psychotropic substances for purposes of criminal liability. Analyzes how the change will serve the stated leadership goal of differentiation of responsibility between distributors and consumers of drugs. Also proposes possible steps to improve the practice of criminal drug cases. The author focuses on the specifics of enforcement (judiciary, oversight and investigative, including the FSIN of Russia and Federal drug control service of the Russian Federation) practices, attempting to analyze the official acts of generalization and the interpretation of decisions of courts of higher level. The trend observed in the activity of courts of General jurisdiction is revealed through the prism of decisions taken by the Constitutional Court of the Russian Federation and the European Court of human rights. Provisions of substantive criminal law are disclosed in the aspect of offset links with government, administrative, criminal procedure.

68-74 497
Abstract
The results of studying the judicial practice suggests that the qualifications of forgery can be solved by law enforcers and commentators in different ways. One of the problems associated with the qualification of forgery is the determination of characteristics of the subject crimes, as well as mistakes made in sentencing. The author distinguishes a number of characteristics and making generalised conclusions on the results of the analysis of the practice of sentencing. It is argued that at the present time penalties for official forgeries do not reach the established purposes in the law, as in case the perpetrators or exempted from punishment in connection with expiry of periods of limitation or appoint punishment conditionally.
75-83 390
Abstract

The article describes regularities of provision of anti-corruption as a phenomenon, corrupting the entire society of Russia. Corruption is widespread, affects all spheres of human life and is so ingrained in Russian life that does not need even in the synonyms. Corruption has become a systemic problem. Being associated with the shadow capital, economic corruption fast and versatile woven into organized crime. In the article the author also considers problem questions of both the conceptual apparatus and the essence of the existence of the corruption as social evil.
Submitted analytical survey of the typology of corrupt relationships.

84-89 380
Abstract
In this article we provide a brief analysis of a monitoring of articles. We take a look at articles from mass media that contain examples of forest management rules violations in Zabaykalsky Krai. We show the modern state of criminal and administrative legislation with regards to enforcement of fire prevention rules and forest protection rules of the region (when violated by either legal entities or private individuals). We describe the existing system of forest governance. We point at the perspectives of further development of the mechanisms of instituting administrative proceedings against federal officials according to the results of comprehensive inspections. We also point at the perspectives of strengthening of the federal control over forest protection from fires by introducing a system where Rosselhoz conducts comprehensive inspections of federal subjects right before the fire season and compiles a readiness report for each federal subject. We express our opinion about the importance of developing fire detection ground services by increasing the effectiveness of ground-based observation points and installing modern high resolution color cameras.
90-94 378
Abstract
This article discusses the issue of banning contact with the child. The author defines the prohibition of communication with the child, measures were taken to improve legislation on the prohibition of communication with a minor. On the jurisprudence analyzed the circumstances taking place during the consideration of is finite obstacles in communicating with the child and the prohibition of communication with him. The article reflects the views of domestic jurist of the author studied the issue. In this paper the fundamental rights of parents and children, the subject of which is communication with a minor, and is left unattended, the abuse of the right of a parent.


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ISSN 2411-118X (Print)