Vol 16, No 4 (2020)
CONSTITUTIONAL AND FINANCIAL LAW
5-11 177
Abstract
On the example of the law and legislation of Russia, the structure of the constitutional legislation of the Russian Federation is investigated, a number of factors influencing it are highlighted, which are the subject of research. The most significant are the form of government, the state of law and legislation, the intellects of the doctrine and the legislator, the relationship of the federal center with the subjects of the Federation, etc. As the main research methods, a set of general / private scientific methods (synthesis and analysis, empirical, comparative legal, formal legal, etc.). To this end, using the example of the conflicting norms of Articles 108, 134 and 136, in conjunction with Article 76 (part 1) of the Constitution of the Russian Federation, Federal Law of March 4, 1998 No. 33-FZ “On the procedure for the adoption and entry into force of amendments to the Constitution of the Russian Federation” and constitutional interpretations (the article contains), it is concluded that level structuring should be interpreted complete only if, in addition to a strictly defined rule for constructing a structure, there are conditions for its functioning (its right), including by the sequence of location by legal force act, but taking into account its internal content. In our case, for federal constitutional legislation, which should contain the fundamental principles and norms of the country’s main Constitution, its internal content, as its source, due to internal interconnection and integrity, is of paramount importance, which will determine its hierarchical structure, as well as constitutional legislation subjects of the Federation, which are reflected in the design proposed by the author. The provisions formulated in the research will be useful in studying the constitutional legislation of Russia.
12-23 196
Abstract
This article deals this the problem of implementation the principle of the welfare state, that established by the article 7 of the Constitution of the Russian Federation in the process of a prevention and a treatment of some SSD: HIV and T.B. The author analyzes the content of the principle of the welfare state, as well as the ways of its implementation by force of an active social policy. The article provides an analysis of the implementation of the principle of the welfare state by investigating the regulatory and legal framework in the sphere of a treatment and a prevention of the HIV and T.B.
24-28 176
Abstract
The article examines the impact of inspections conducted by tax authorities based on the use of analytical data processing technologies on the facts of the taxpayer’s economic life in order to ensure state budget revenues on the perception of business owners on the state’s tax policy as a whole. Tax control measures, in addition to inhouse and tax audits, such as witness interviews and inspections of the territory of a legal entity, lead to a reduction in business entities both by forcing them to voluntarily liquidate and by threatening to exclude them from the unified state register of legal entities. Tax service inspectors deliberately ignore the dignity of the taxpayer's personal representative. The author concludes that it is necessary to maintain a balance between the fiscal interests of the state and the right of taxpayers to perform their duties in good faith by the state.
CIVIL LAW
29-38 2178
Abstract
In the article the author considers obligations from unilateral actions, analyzes grounds for their commencement, types of such obligations: obligations from actions in the interest of others without order, obligations from public promise of an award, obligations from public competition. Special attention is paid to the problematic issues of the concept and types of unilateral transactions, identification of the legal nature of obligations from unilateral transactions, its delimitation from related concepts, particularly, from unjust enrichment obligations. In the article judicial practice of arbitral courts is analyzed.
39-47 160
Abstract
The problem of registration of joining a balcony or loggia to a room in an apartment building is very relevant, its study is due to the fairly wide spread of such a housing phenomenon in our country. The article deals with judicial practice on this topic. The arguments of the courts are subjected to reasonable criticism based on the analysis of the legal nature of both specific objects themselves - balconies and loggias, and the fact that they are attached to the premises in an apartment building. The analysis provides answers to key questions: is the balcony (loggia) a load-bearing structure; is the balcony (loggia) to common property in an apartment house; will the purpose of the balcony (loggia) in the case of accession to the residential premises; whether the addition of balconies (loggia) to the premises of the modernisation of the whole building or reconstruction of the joining of the premises, or its redevelopment. The correlation between the concepts of “reconstruction” and “redevelopment” of the premises is revealed. The author’s conclusions can be effectively used in law enforcement practice.
CRIMINAL LAW AND CRIMINOLOGY
48-55 289
Abstract
The article discusses the issue of the place of modern cassation proceedings in the system of verification proceedings. To resolve this issue, a comparison is made of continuous and selective cassation with appeal and supervisory proceedings, respectively. The common features and differences of the verification production are revealed. It is stated that at present the procedure for continuous cassation is closer to the appeal proceedings, which contributes to its transformation into a regular verification proceedings. An analysis of scientific literature, proposals for further improvement of legislation made it possible to come to the conclusion that the further vector of development of cassation proceedings is seen not in transforming it into an ordinary inspection instance, but in strengthening the signs of exceptional production. In particular, it is necessary to prohibit filing a new cassation appeal to the same court of cassation and to fix the impossibility of appealing a court decision in a continuous cassation procedure without first appealing such a decision in the appellate instance.
56-61 209
Abstract
The article deals with the use of self-serving goals as a crime-forming feature of theft of special items, criminal liability for which is provided for in articles 221, 226, 229 of the Criminal Code of the Russian Federation. The author analyzes the terms “motive” and “purpose” in the framework of criminal law, as well as their relationship and the correct application of the concept of “theft”, which is given in the note to article 158 of the Criminal Code of the Russian Federation. The authors consider the points of view of scientists as to whether the concepts “self-serving motive” and “self-serving purpose” are identical or not, and whether self-serving purpose is a qualifying feature of the subjective side for recognizing the committed act as theft. It is concluded that the current criminal legislation needs to be changed in note 1 to article 158 of the Criminal code of the Russian Federation. According to the author, it is necessary to present this note in a new version and exclude the reference to a mercenary purpose. The motives of theft are not its criminalizing feature, and therefore should not be included in the legislative definition of theft.
62-67 164
Abstract
The article discusses the current state of application of the law 44-FZ, which regulates the implementation of procurement for state (municipal) needs, and, in particular, to ensure the activities of educational organizations. The article describes the trends that indicate the expansion of the circle of persons who can be brought to justice for corruption crimes in violation of the law 44-FZ. The article substantiates the need to take measures to develop legal literacy of ordinary employees of budgetary institutions, to form their understanding of the process of public procurement, their role and potential responsibility when participating in this process. Despite the fact that principals of schools, colleges and universities, chief doctors of health institutions, were actually participants in public procurement, cases of bringing them to criminal responsibility for violations of the law were practically not recorded. However, at the present stage, in the context of reforming legislation in the field of public procurement, not only the roles of the Director of a budget institution and the Deputy for ahh, but also other employees may change significantly.
THE DEVELOPMENT OF LEGAL SCIENCE AND PRACTICE
68-75 276
Abstract
The article deals with the scientific laboratory and experience of working with a major researcher of Russian state and law, academician N. N. Pokrovsky. The article is based on the author's personal, autobiographical and personal memoirs that took place at the junction of the epochs (Soviet and post-Soviet) and is dedicated to the 90th anniversary of the scientist’s birth.
76-93 479
Abstract
The article is dedicated to the memory of doctor of legal Sciences, Professor Alexander G. Goichberg - historical figure of the state scale. The contribution of the scientist to the development of the foundations of Soviet socialist legislation is considered. A brief description of the life and professional path, scientific, pedagogical and organizational activities of the scientist who made a significant contribution to the development of domestic legal science of the Soviet period is given. The variety of opinions presented allows you to objectively look at the image of an outstanding lawyer. The theoretical basis of the research was Goikhbarg’s scientific works, reviews of his works, monographs, scientific publications on the history of the Soviet state and law, periodicals, and archival documents. Since the volume of the article does not allow us to consider in detail the content of these documents, only the key provisions contained in them are given, in the author's opinion. The research is mainly historical and legal in nature. Based on the research, the author comes to the conclusion that despite the change in the state and social structure of the country, the system of values, it is necessary to understand the historical development of domestic legal thought, including the Soviet period, and to respect the scientific heritage of prominent domestic legal scholars who have dedicated their lives to law.
ISSN 2542-0410 (Print)