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Juridical science and practice

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Vol 14, No 4 (2018)
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КОНСТИТУЦИОННОЕ И АДМИНИСТРАТИВНОЕ ПРАВО

5-10 128
Abstract
The article explores the issue related to the openness of legal acts of public administration when they are officially published for the purpose of ensuring the transparency of public authorities. It is pointed out that the principle of openness is faced with the need to ensure the right to privacy. The conclusion is drawn that legal acts containing personal information may not be freely published in all cases, and this entails the need to establish criteria for placing relevant acts in the public domain. The law-enforcement practice affecting the possibility of publishing legal acts that contain personal information is being investigated. The conclusions and recommendations aimed at improving the system of legislation on ensuring transparency of information, as well as with respect to the specifics of law enforcement in this area of activity are formulated.
11-20 202
Abstract
The article theoretically substantiates the possibility of limiting the constitutional right to housing and its volume, the conditions of restriction. The Constitution of the Russian Federation allows for the restriction of housing rights as property. This affects the right to use and dispose of it in a sustainable manner. Constitutional forms of restriction of the right to housing are deprivation by a court decision (“negative” restriction) and forced alienation for state needs (“positive” restriction). This article examines the “positive” restriction of the right to housing. The author defines the constitutional conditions of restriction of the right to housing. The paper presents the author’s definition of the concepts of “restriction of the constitutional right to housing”, “state need”, “preliminary and equivalent compensation”.

CIVIL AND FAMILY LAW

21-27 233
Abstract
In the article, the authors distinguish between “force majeure” and “force majeure” caused by an obstacle beyond human control and having an objective character. Special attention is paid to the failure of the voltage of electric energy as an insurmountable circumstance. The correlation of the concept of “break in the supply of energy” with the concept of “voltage dips” is shown. It is proved that the voltage dips in the supply of electric energy are random and unpredictable events, the occurrence of which can not be completely avoided. On the basis of the conducted research the conclusion is made: the insurmountability of other uncontrollable circumstances is not an unconditional basis for the release of the power supply organization from responsibility. It is offered: to establish responsibility of the power supplying organization for failures (differences) of tension, in the presence of fault, by introduction of additions in point 2 of article 547 of the Civil code of the Russian Federation.
28-33 124
Abstract
The article considers the problem of obligation of annual establishment of the amount of compulsory payments for maintenance and repair of common property in an apartment house by the homeowners association, comprehensively analyzes the provisions of housing legislation in this sphere and judicial practice. The authors conclude that the existence of one and the same amount of the payment for maintenance and repair of common property in an apartment house during several years is quite acceptable from legislator’s point of view, and the applying of amount of compulsory payments, which are previously established by general meeting, in the process of preparation and approval income and expenditure estimate of homeowners association for the current year can be the way to determine this amount by management bodies of the homeowners association.
34-45 1122
Abstract
The article is devoted to certain aspects of the institution of invalidity of marriage in the domestic law: the author analyzes the grounds and consequences of recognizing the marriage as invalid. Examining the jurisprudence and legislation of foreign countries, the author comes to the conclusion that it is necessary to expand the list of medical diseases, concealment of which may be grounds for recognizing the marriage as invalid, and to introduce one more condition - different sex of the married, as well as establish legal responsibility for unscrupulous parties that have concluded fictitious marriage and third parties receiving material benefits from this. The author of the article, drawing attention to the absence in the family legislation of the Russian Federation of such concepts as “marriage” or “virtual marriage”, “family”, as well as inaccuracy in the definition of fictitious marriage, offers the appropriate definitions.
46-58 170
Abstract
In this scientific paper the legal nature of the right to disclose a creative work is substantiated. Also the topicality and an applied value of this category is confirmed. Solutions for a number of practical problems are proposed: the conditions of circulating, the modes of implementation, the subjects’ composition, the development of the norms of legislation and civil law doctrine. The aspects of international private and public law are concerned (comparing the categories of disclosure and publication in the various Conventions’ norms and national legal systems, the consequences of applying different versions of the same international agreement, etc.).
59-65 491
Abstract
The article contains a comparative study of the option for conclusion of contract. The significance of the option agreement in the countries of the English and Saxon and Roman and German legal families is considered. The legal nature of the option for conclusion of contract was analyzed after it was enshrined in civil legislation of the Russian Federation. The authors concluded that the option for conclusion of contract is a special contractual construct that generates an obligation to provide one party with the secondary right to accept an irrevocable offer. This is usually done in exchange for counter consideration. Due to the lack of application of the option for conclusion of contract the authors note that this institute is regulated insufficiently. Thus, options for the improvement of the relevant regulation were suggested.

УГОЛОВНОЕ ПРАВО

66-71 401
Abstract
The article reveals the problems of forensic medical examination of medical errors in the consideration of civil disputes and the investigation of criminal cases. The importance of completeness of forensic medical examination in establishing a causal relationship between harm to life and health and violation of standards of medical care is substantiated. It is shown that in order to bring a doctor to criminal responsibility, the investigative body must receive answers to the following questions: whether there was a significant violation of the rights of the patient and whether there is a direct causal relationship between the defect of medical care and a significant violation of the rights of the patient. Considered necessary the presence of the evidence base for the decision of a question on attraction of the doctor to criminal prosecution. It is proposed to conduct a thorough detailed analysis of the incident and actions (inaction) of each particular medical worker, taking into account the specifics of medical activities, effective interaction of the investigation bodies with expert medical institutions, which will contribute to the establishment of an objective truth in cases of professional crimes of medical workers.
72-75 222
Abstract
Vehicles with intelligent systems are classified into vehicles with autonomous elements and drones. From the point of view of the need to prosecute the perpetrators for traffic accidents with the use of such vehicles, the main difficulties arise in determining the actus reus of the crime and the fault of the driver (operator). To avoid strict liability, it is necessary to change the wording of Article 264 of the Criminal Code of the Russian Federation and clause 1.2 of the Traffic Rules of the Russian Federation.


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ISSN 2542-0410 (Print)