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Juridical science and practice

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Vol 15, No 1 (2019)
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ГРАЖДАНСКОЕ, ПРЕДПРИНИМАТЕЛЬСКОЕ И СЕМЕЙНОЕ ПРАВО

5-14 199
Abstract
The current article deals with principal advantages of the new legal institution by identifying both positive and negative sides. In the center of attention of the author is new legal design named as hereditary fund. The scientific novelty consists of complex consideration of procedure for implementation and protection of the hereditary rights of citizens upon to the new object - the hereditary fund. The article discusses the main advantages of new legal institution by identifying problematic issues in theory, legislation and law enforcement, as well as the positive aspects of introducing a new inheritance object. The author studies the legal relations arising between the notary and interested persons in the process of creating, managing and liquidating the hereditary fund. The positive and negative experience of foreign countries in which the legal structure of the hereditary fund is fixed and analyzed. Some new conclusions on the improvement of the legal institution of the hereditary fund in the civil law of the Russian Federation are proposed at the end of present article.
15-19 185
Abstract
The article deals with technical regulation as a direction of normative regulation of entrepreneurial activity, which combines legal and technical norms. This regulation is designed to ensure the safety of products of business entities. The analysis of the purposes of technical regulations and standards allows draw a conclusion about their multidirection: if the purposes of establishment of technical regulations are connected with direct ensuring safety of production, the purposes of standardization are directed on improvement of quality of production and answer to problems of modernization of economy. At the same time, the term “quality” is associated not only with technical, but also with Antimonopoly legal regulation through the so-called technical competitiveness, which is an integral part of the overall competitiveness of business entities.
20-25 231
Abstract
The article analyzes the legislation on financial rent (leasing), reveals the legal nature of the contract, determines its place in the system of civil law contracts. The real will of the parties to a financial lease agreement is directed to the acquisition of property at the expense of borrowed funds, the return of which the lender receives in the form of rental payments calculated in the same way as the calculation of payments for the use of credit. The analysis of the legal nature of parties’ relations to a financial lease agreement makes it possible to attribute this agreement to loan agreements. It argues the need to improve the legislation on financial leases, in which relations that develop in connection with the conclusion of a financial lease agreement, require special legal regulation that takes into account the dual nature of the contract.
26-34 304
Abstract
The article presents an analysis of the complex of rights and obligations of minors that have arisen in connection with the birth of a child. The author's position on the interpretation of the family law, which determines the legal status of a minor parent, is proposed. Possibilities of realization of parental functions by minors depending on age and level of mental maturity are investigated. And the amount of legal capacity of a minor in family and civil law, as well as in civil proceedings. Particular attention is paid to the appointment of a guardian to a child of minor parents, as well as the peculiarities of termination of guardianship. It is concluded that the possibility of independent exercise of parental rights upon reaching the age of 16 by a minor unmarried parent should arise not automatically, but upon the application of the minor parent to the guardianship and custody authority. Possible disputes about children between minor parents are considered. According to the results of the study, the authors propose a new version of the norms of article 62 of the Family code of the Russian Federation.

ЭКОЛОГИЧЕСКОЕ И ПРИРОДОРЕСУРСНОЕ ПРАВО

35-40 143
Abstract
In modern conditions, the priority of state policy is becoming innovative development, the creation of new technologies and products that allow for economic growth while maintaining a favorable state of the environment. The article based on the analysis of strategic documents of the Russian Federation identifies priorities in the areas of socioeconomic and environmental development, ensuring environmental safety. A research of the legal regulation of social relations on the creation and introduction of new technologies is being conducted. The article concludes that there are separate norms in the Russian legislation aimed at ensuring the environmental safety of new technologies, justifies the need to create an effective legal mechanism for ensuring environmental safety when developing and introducing new technologies.
41-47 150
Abstract
The current article deals with the problems of forest land lease arising from the repeated lease of the land, when such a right already exists. The article focus on an analysis of the main gaps of legal regulation, in particular, the lack of criteria for the compatibility of different types of forest use, and the resulting probability of loss of the pledge of the right to lease forest plots due to the termination of this right, as well as the impossibility of the realization of the pledged item due to the impossibility of its use despite the preservation of the pledge obligation. The author offers recommendations for resolving these problematic issues. The researcher points on the special practical and theoretical importance of further solving of the problem of the lack of detailed legislative regulation of this legal institution. In this regard, we can say that at the moment the highest priority is to establish a method for determining the compatibility of forest uses, based on their practical implementation. The author used general scientific, historical, analytical, formal legal, functional and other methods.

УГОЛОВНОЕ ПРАВО, УГОЛОВНО-ИСПОЛНИТЕЛЬНОЕ ПРАВО, КРИМИНОЛОГИЯ

48-54 535
Abstract
In the modern world, “security” has become one of the key categories. The need of a person, society and the state to be protected from various types of threats and dangers determines the use of various tools to influence social relations. One of the most significant regulators of such relations is law. Despite of the consistent development of security legislation, the question of the content of such a basic legal category as “security” remains open. In the Federal Law “On Security” the concept of security is not disclosed. The specified gap in the “basic law” on security is compensated for in branch federal laws and subordinate regulatory legal acts, which contain definitions of relevant types of security. The study of approaches to the definition of security in sectoral laws and subordinate regulatory legal acts allows us to conclude that, as a key characteristic of security types, it is primarily called “state of protection” against the corresponding threats. At the same time, the lack of a conceptual coordinate system as a whole, and the concept of “security” in particular, in current Federal Law “On Security” leads to the reproduction of terminological uncertainty in sectoral security legislation.
55-62 207
Abstract
The article deals with the practice of the European Court of human rights to consider complaints filed from places of deprivation of liberty for the improper provision of medical care. The comparative analysis of the Russian legislation and legal positions of the ECHR in relation to the category “quality of medical care” is carried out, the peculiarities and problems of its implementation in the institutions of the penal correction system are revealed, the ways of their resolution are proposed.
63-67 155
Abstract
The article deals with the practical application of the institution of exemption from criminal liability with the appointment of a judicial fine in the context of criminal prosecution for the misuse of budgetary funds. The author's assessment of this legal mechanism is given, taking into account the established judicial practice, statistical indicators and the criminal law specifics of article 2851 of the Criminal Code of the Russian Federation. When writing the article, such special methods were used as comparative legal, formal logical, systematic. According to the results of the study, it was concluded that the practical application of this criminal law institution is difficult to resolve issues of criminal responsibility for the misuse of budget funds, its weak preventive potential is noted. Accordingly, the frequent use of the procedure for exemption from criminal responsibility under consideration negates the importance of the criminal law mechanism for the protection of budget funds.


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ISSN 2542-0410 (Print)