Vol 15, No 3 (2019)
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THEORY AND HISTORY OF STATE AND LAW
5-13 148
Abstract
In the framework of the historical and legal research, the author analyzed the legislation of the Russian Empire of the XIX - early XX century on state supplies and its comparison with current legislation on supplies for state or municipal needs. Revealed similarities and differences, established their nature and legal nature. The conclusion is formulated that the evolution of the legislation on supplies for state needs has taken the path of liberalizing the legal status of the supplier, as well as the requirements for it. This concerns, first of all, the participation of the supplier in agreeing the terms of the supply contract to be concluded, as well as the possibility of concluding it without applying enforcement measures. It has been suggested that this pattern may be a consequence of the general strengthening of the lack of discretion of civil law, however, the question of the validity of such transformations, taking into account the specifics of supply relations for state and municipal needs, is questionable. It was concluded that the borrowing of the provisions on the mandatory provision of such agreements may positively affect the stability of the emerging legal relations.
14-24 133
Abstract
The article discusses the legal views of the «white» lawyers - P. G. Vinogradov and V. A. Maklakova. The focus is on their commitment to the ideals of the English legal model. In the process of research, the author studied some of the theoretical and legal ideas of P. G. Vinogradov and V. A. Maklakova, in which they justified the need to introduce certain elements and institutions of the English legal model into the Russian legal system: the rule of law, strengthening the role of the judiciary, and others. The author also considers the legal-theoretical and political activities of P. G. Vinogradov and V. A. Maklakova during the Civil War in Russia. The relevance and novelty of this work is related to the lack of research in Russian legal science devoted to the analysis of legal opinions of «white» lawyers. The author uses the method of legal hermeneutics, with the help of which the interpretation of the legal views of P. G. Vinogradov and V. A. Maklakova. In conclusion, the work reveals the goal pursued by «white» lawyers, speaking about the need to borrow elements and institutions of the English legal model.
25-33 143
Abstract
The history of the establishment of the institution of local self-government is one of the key aspects for understanding the fundamental principles of empowering local governments with financial powers. Given the enormous importance of municipal finance for the public of legal entities, it is necessary to clearly understand the origins of the emergence of the principle of independence of local budgets. The article analyzes the development of ideas about local self-government from the financial point of view. The main ideas and ways of their realization in various historical periods are designated.
АДМИНИСТРАТИВНОЕ ПРАВО
34-39 167
Abstract
The article discusses the main problems of regulatory regulation of the procedure for hospitalization of persons suffering from mental disorders in an involuntary manner. The paper presents statistics confirming the relevance of the study, as well as some examples from judicial practice, indicating the presence of these problems in law enforcement. Special attention is paid to the problems of police powers in the process of involuntary hospitalization and the judiciary. It was deemed necessary to conduct a detailed analysis of acts regulating the procedure of involuntary hospitalization of a person suffering from mental illness, and also suggested that the regulatory regulation of this procedure should be brought to a consensus between a number of regulatory acts of various levels, i.e., to create uniform rules for the implementation of involuntary hospitalization of persons suffering from mental illness diseases that would clearly define the powers of all subjects of the procedure.
40-47 151
Abstract
The article explores the concept, goals and foundations of the state genomic registration in the context of the limitations of the scope of this institution. Pointing to the broad interpretation by the legislator of the concept of «state genomic registration», the author reveals the main directions of narrowing of the field of use of the registration mode (first of all, the target and subject plan); this draws attention to the need to establish a clear correlation between the institute of state genomic registration with other forms of accounting for genomic information, as well as the planned human genomic passportisation. The subject of special analysis is the problem of the expansion of cases of compulsory genomic registration, including the expediency of identifying the forced registration (as a type of compulsory registration).
48-53 169
Abstract
The article examines the features of the stage of initiating a case of administrative offenses in the electric power industry, such as: typical reasons for initiating a case, various administrative jurisdictions that decide to initiate a case of administrative offenses. The paper analyzes the preliminary powers of state and municipal bodies to carry out control and supervision measures in the field of electric power, energy security and energy efficiency. The author of the article points out that the peculiarities of initiating cases of administrative offenses in the electric power industry are caused by a complex system of relations between electric power entities arising in the process of production, transmission of electric energy, operational dispatch control, sales and consumption of electric energy, as well as the importance of this sector of the economy in public and state life. The specific features of initiating cases of administrative offenses in the electric power industry are analyzed on the basis of administrative practice materials.
FINANCIAL AND TAX LAW
54-62 163
Abstract
The article examines the legal problems of realization of legal interests of taxpayers in the framework of relations on bringing him to responsibility for committing a tax offense. It is noted the consistency and the derivation of the legitimate interests at the stage of bringing the taxpayer to tax liability with the interests of the taxpayer that occur at earlier stages of the tax interaction (interests in tax payment, the interest arising from the tax control, the interests associated with administrative appeal). The limits of implementation of measures of state coercion, the Statute of limitations for bringing to tax liability as a guarantee instrument for the protection of the legitimate interests of the taxpayer are analyzed. It is proposed to change the order of calculation of limitation periods. The author substantiates the inadmissibility of imposing additional encumbrance on the taxpayer due to the mistakes made by the tax authority. It is concluded that there is a need for a balanced approach in determining the measure of responsibility, taking into account the General legal and sectoral principles of proportionality, reasonableness and fairness.
63-68 170
Abstract
The article deals with the issues of execution of the obligation to pay taxes and fees. The subject of the tax obligation is only money, based on the concept of “tax” and the fact that the tax is one of the sources of the budget, which is a form of formation and expenditure of funds. The features of monetary obligation as a type of public-legal obligations are distinguished. The conditions of execution of the tax duty are analyzed. Discusses the problem of a tax debt in the liquidation of the organization, the time to enforce which the tax authority has expired. This problem leads to the need to apply to the arbitration court to recognize the tax debt as hopeless for collection and exclusion of the relevant record from the personal account of the taxpayer, which in turn leads to an increase in the period of liquidation and additional financial security. It is proposed to transfer to the tax authority the powers to write off and exclude tax debts, the period for compulsory collection of which has expired, in an administrative procedure.
69-78 150
Abstract
The relevance of the research is due to the existence of legislative shortcomings that do not allow the state to sufficiently meet the expectations of society in the realization of its interests at the expense of budget funds. These shortcomings are considered from the position of their influence on the implementation of legal relations on the expenditure of budget funds by the subjects of these relations. The purpose of the article is the scientific search for legal means to eliminate legislative shortcomings or reduce their negative influence on the activities of the subjects of these legal relations. The research was conducted using analysis, synthesis, comparison, formal-dogmatic, systemic and historical methods. As a result of the work, the problem of the discrepancy between the state mission and the differentiated tasks of entities carrying out budget expenditures is shown, the current results of the reform of the budget process and some problems of its legal framework are analyzed. It is concluded that the Budget Code of the Russian Federation, other normative legal acts, program and project documents must contain norms that ensure the interconnection of budget expenditures and the goals of the state, as well as the interests of society. In particular, it is required to establish responsibility for underfunding of measures to achieve the purposes of the state.
CRIMINAL LAW AND CRIMINOLOGY
79-84 222
Abstract
The article analyzes some of the controversial, in the opinion of the author, recommendations of the Decree of the Plenum of the Supreme Court of the Russian Federation No. 10 of 15.05.2018 «On the practice of the courts applying the provisions of paragraph 6 Article 15 of the Criminal Code of the Russian Federation». Lowering the category of crime always requires clear criteria by which the actions of the defendant could be qualified with a change in the gravity of the crime. Based on examples from judicial practice, the thesis is substantiated that “taking into account the factual circumstances of the case” and “the degree of its public danger” are evaluative e criteria and do not always allow to decide the validity of the application of part 6 article 15 of the Criminal Code of the Russian Federation. The discrepancy between some of the recommendations contained in the Resolution of the Plenum of the Supreme Court of the Russian Federation and the provisions of the Criminal Code of the Russian Federation is shown. It is concluded that it is impossible to exempt a person from criminal liability on the grounds specified in the Resolution of the Plenum of the Supreme Court of the Russian Federation.
85-91 169
Abstract
Based on the analysis of statistical indicators of Prosecutor's office work on supervision on implementation of laws by administrations of detentions, the main problems prevailing in detention centers and related with application of a preventive measure as a pre-trial detention against suspects and accused of committing crimes are given in the article. The analysis of the activity of the European court of human rights on consideration of Russian citizens claims about violations of the Federal law of 15.07.1995 No. 103-FZ "About incarceration of suspects and accused of committing crimes" is carried out, as well as measures taken by the Russian Federation to eliminate them. The causes of overcrowding in remand centers occurred in Moscow, Moscow region and a number of other regions are analyzed. The author made suggestions to improve current legislation. The article contains recommendations to prosecutors supervising the implementation of laws by administrations of pre-trial detention facilities, as well as the preliminary investigation of criminal cases.
92-99 258
Abstract
The problem of special prevention of the violent crimes committed by minors and youth on the national hatred grounds is considered in article. Law enforcement agencies have a special role in the solution of the matter because they carry out the large quantities of work on special prevention of crimes committed by minors and youth. Acquisition of sociocultural skills by minors and youth directed to elimination of long term habits and stereotypes of antisocial behavior among youth is one of the most perspective measures of prevention the violent crimes committed by minors and youth on the national hatred grounds. The author pays attention to necessity of the earlier bringing legal information to minors, taking into account features of group dynamics. Modern information technologies (for example, the complex automated information-analytical system “Safe City”, which allows ensuring safety on city streets) are also more effective in preventing crime among minors and youth than traditional methods of preventing teenage and youth crime, as these categories most often commit violent crimes in the streets.
ISSN 2542-0410 (Print)