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ECONOMICS. LAW. SOCIETY

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No 3 (2016)
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6-12 559
Abstract
There was a need of change of socio-political structure at the beginning of the XX century in Russia. Society demanded, both political, and social changes. P. I. Novgorodtsev together with his adherents proved that the problems, which were imminent in Russia, could be solved not in the revolutionary, but evolutionary way through the formation of the social state. The work is carried out a detailed analysis of the various points of view of scientists of the late nineteenth early twentieth century. The main problem in Russia at that time, namely, the plight of the workers and peasants, the average supply of residential area and others.
13-18 485
Abstract
The article analyzes the changes in the socio-political life of Russia at the beginning of XX century, reviews the activities of the main bodies. The author notes that in Russia for the first time there are political institutions such as political parties and elections, he pays special attention to the electoral system, detailing its features. An important place in this study is given and the activities of the State of doom I-IV convocation, considered their composition and relationship with the royal power. The author concludes that in spite of the limitation of autocratic power, the tsarist government was able to maintain itself as a leading political force in Russian society.
19-24 315
Abstract
The Russian Federation's ratification of a whole series of international conventions on combating corruption necessitates the development of professional and ethical standards of conduct in various spheres of professional activity. In the article the problems of classification of normative acts with the possibility of applying these standards in law-enforcement activity, analyzed the social and legal preconditions of their use in various spheres of legal regulation. In the author's opinion, the appropriate legislative acts are developed on the basis of moral and ethical categories, based on the need priority protection of the public and public interests. Theoretical research of this problem is aimed at formation of the steady positive relation to the specified right instructions. Insufficient knowledge of this problem has a negative impact on the state of legal protection of the vital interests of the state and society as a whole.
25-38 890
Abstract
The article focuses on a practically relevant issue in the functioning of non-governmental organizations, such as limits or restrictions on their funding, including funding from foreign sources. An analysis of international and regional rules and standards, ensuring the right of NGOs to receive funding, has shown that institutional agencies of international and regional organizations recognize the significant role of NGOs in the defense of human rights and fundamental freedoms and has highlighted the problems of NGOs. As the issues of foreign funding of NGOs are not unambiguously settled in laws of different countries, the article demonstrates a wide experience of their settlement in Europe, Asia, America and Africa. After studying the international and regional acts, setting limits to funding of NGOs, the researchers have concluded that they are governed by the following principle – freedom should be the rule, while limitations are an exception. A study of foreign experience in setting such limitations shows a wide diversity of restrictive mechanisms. The article also analyses the compliance of the “foreign agent” legal status, introduced in Russia for several NGOs, with international and regional standards. The issue is also illustrated by foreign examples.
39-44 374
Abstract
The article reveals the peculiarities of production sharing agreements in order to explain the investment attractiveness of this type of civil contracts for foreign investors to the energy sector. This article is a comparative study of contractual forms used for the regulation of the relations of the foreign investor and the host state in the energy sector. The author draws attention to the fact that the features of the legal regulation of production sharing agreements allow to take into account the balance of interests of both contractors (the state and the foreign investor).This explains the attractiveness of this legal form of the regulation of investment relations in the energy sector. The main advantage of this type of contracts is their attractiveness for foreign investors due to the high investment guarantees and favorable investment conditions.

COMPARATIVE LAW

45-50 606
Abstract
The article presents an analysis of the current civil, land and urban planning legislation of the United States of America in the field of relations arising from the location, construction and operation of linear facilities (power lines, communication lines, pipelines, roads, railway lines). In detail the principles of reference of objects of personal and real estate to number of linear objects are considered. This article analyzes the legal regime of the land on which or under the surface of which linear features are available, namely, the types and the procedure for establishing security and protection zones.
51-58 242
Abstract
The article discusses the main directions of origin and development of the system of legal education and legal training of students of non-juridical profile in the educational organizations of higher professional education of the Russian Federation in modern conditions of modernization of Russian system of higher education. In this article the comparative characteristics of training system development. Much attention is paid to the content of normative disciplines taught in specialized streams, introduction of new special economic and legal profile and intensification of practical training. It is concluded that it is necessary to provide conditions for the practical implementation of the knowledge acquired in law firms, commercial companies, public bodies.
59-64 323
Abstract
In this article the authors consider the problems of development of intellectual property law in the framework of integration processes involving the Russian Federation. Among them is the question of the intellectual property rights’ protection of the production Directors as authors or holders of related rights, the introduction of the mixed principle of exhaustion of trademark rights and others. Such issues require changes not only to the part IV of the Civil code of the Russian Federation but to the international treaties of the Eurasian economic Union with participation of the Russian Federation as well.
65-70 1035
Abstract
In work offers and ways of improvement of the legislation in this type of contracts are designated. In article the history of formation of ideas of enterprise contracts is mentioned. Their general characteristic, shortcomings and modern legal regulation is considered. In work offers and ways of improvement of the legislation in contracts of such look are designated. The comparative and legal analysis of distinction between commercial and household transactions is carried out. It is in detail given to a question of accurate differentiation of a public and private form in enterprise contracts. Three modes of state regulation are considered: intensive regulation where an example will be construction in a row; the moderate regulation referred to the contract of delivery; minimum regulation characteristic of corporate contracts.
71-75 331
Abstract
Analyzing the provisions of the legislation on alternative dispute resolution procedure involving a mediator (mediation procedure) and of Enforcement authors consider mediation problems in enforcement proceedings and their possible solutions. The article presents the proposals to improve the legislation of the Russian Federation said. The work concluded that the main reason why the execution of court decisions and other jurisdictional authorities is lengthy and ineffective, is the actual confrontation of conflicting parties with a significant load on the machine of bailiffs-executors. Also conducted a comparative legal analysis of enforcement practices.

CIVIL LAW AND PROCEDURE

76-81 238
Abstract

In the article the possibility and the legal consequences of the remand in global agreements about the real responsibility of homeownership in the case of the abolition of their courts the necessity of judicial control of the validity and possibility of turn of performance, assessment by the court of the possible consequences and risks of the return of the parties to the dispute in the same legal and factual situation, considering these implications when deciding on the abolition of the judicial act, approved the settlement agreement. It is proposed to recommend to the courts when considering allegations of remand to rule on the impossibility of turn of execution, the preservation of the building or premises in the rebuilt or converted (separated) form and determining the order of use of premises.

82-86 551
Abstract
This article presents the views of scientists-jurists on the concept of the bankruptcy estate of the debtorbankrupt. Also, this legal definition of the concept with reference to the Federal law «On insolvency (bankruptcy)». To study the composition of the property included in the bankruptcy estate under the bankruptcy proceedings. Also analyzed the viewpoints of different researchers on the concept of the bankruptcy estate, and determined his opinion about the definition of this notion. The author has researched, including various scientific points of view regarding the necessity of including in the composition of the assets of such objects as works and services, results of intellectual activity, intangible benefits.
87-91 299
Abstract
The article analyzes the use of circumstantial evidence in cases of paternity. Often family disputes paternity is characterized by the complexity of collecting direct evidence. Then, the person concerned to defend their rights in court may submit any other circumstantial evidence. Evidence exclusively or mainly with the help of indirect evidence creates problems adequacy and credibility, which could not be reflected in the jurisprudence. The analysis concluded that the wording of the legislator «any evidence» creates ambiguity in the interpretation of the courts of the concept. This affects the imposition of equitable and reasonable solutions in cases of paternity.
92-109 287
Abstract
The article deals with the problematic issues of legislative support of non-profit organizations in the Russian Federation. In the process of work is considered a sufficient number of controversial developments known scientists jurist on the classic triad of "occurrence - Change - Discontinued Operations" of this type of organizations identified and refined a separate kind of inconsistency in this area. We examine individual organizational-legal forms of non-profit organizations, including associations, unions, government agencies and notary associations. Analyzed the achievements and shortcomings of regulatory support non-profit organizations made general conclusions and made proposals aimed at leveling the identified deficiencies.
110-114 534
Abstract
The article deals with topical issues of the prosecutor's supervision over the implementation of laws in the detection and investigation of crimes in the sphere of housing and communal services. The data of official statistics and the basic legal acts. Shows the practice of investigation of criminal cases in this category, as well as examples of violations permitted by law. The basic violations permitted interrogators and investigators in the investigation of crimes of the category and their causes, including: flaws in the organization of interaction between law enforcement and regulatory authorities, the duration of the judicial-economic, technical and forensic, handwriting and building expertise, the complexity of proving the connection between official and organizations that provide services in the sphere of housing and communal services, as well as performing contract obligations. Identify the most important areas to effectively combat this type of crime. Measures to improve the existing legislation in the sphere of the public prosecutor's supervision over the implementation of laws in the sphere of housing and communal services.


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ISSN 2411-118X (Print)