Preview

Juridical science and practice

Advanced search
Vol 15, No 4 (2019)
View or download the full issue PDF (Russian)

THEORY AND HISTORY OF STATE AND LAW

5-13 182
Abstract
The article describes the legislation of Khakassia at the present stage, which has changed significantly since the period of the 90s, becoming more orderly and less controversial. That is why other defects come to the fore today, primarily related to non-compliance or unsuccessful application of certain techniques and means of legal technology. Meanwhile, it is also stated that the legislation of the Republic of Khakassia has some advantages, such as the consideration of national customs and traditions and the prompt bringing of regional acts in accordance with federal ones. The authors highlight shortcomings as well. They are the growth of the pace of adoption of laws on amendments and additions to the current legislation without systematization of the latter; non-compliance with the requirements for the title of a regulatory legal act; lagging behind the federal legislator in certain (priority) areas of legal regulation; weak consolidation of the requirements of legislative technology in special laws, whereby the rules of legal technology are replaced by the rules of record-keeping. In addition, the authors state the insufficient interaction of the Supreme Council of the Republic of Khakassia with scientific centers located in the territory of the Republic.
14-20 215
Abstract
The article discusses the use by police authorities of administrative law as one of the mechanisms for fulfilling the grain procurement plan carried out in the Siberian Territory during the period 1928-1929. Shown are the forms of administrative influence of police on peasants in order to force them to fulfill obligations on the supply of bread to the state.

CIVIL, BUSINESS AND LABOR LAW

21-28 199
Abstract
In the framework of this article, when considering corporate legal relations, their civil-legal component is presumed, which is based on the part of the internal relations of a legal entity existing in corporate organizations, associated with participation in these organizations or management of them. In this regard, it is proposed to consider corporate law as a special institution of civil law, the rules of which regulate civil relations in corporate organizations or their management, arising primarily between the founders of a corporate organization, as well as between the corporate organization and its founders. At the same time, having analyzed the legal status of participants of intraorganizational corporate legal relations, it is noted that due to the lack of some of them the status of the subject of civil legal relations, not all non-prohibited by law intraorganizational corporate legal relations aimed at achieving both common interests and pursuing private individual interests of members of corporations can be civil legal relations.
29-34 301
Abstract
The article draws attention to the gap in the legal regulation of relations on the abuse of subjective labor rights by the employee. As a source of information, acts of official interpretation, judicial acts on cases of abuse of labor rights were used. The most typical, frequently encountered examples of abuses from the point of view of domestic courts are examined - disproportionately large severance pay, employee evasion from getting a work book, hiding a certificate of incapacity for work, hiding union membership. A proposal is made to improve enforcement in the field of abuse of labor rights by issuing an explanation at the level of the Supreme Court of the Russian Federation. Two criteria are proposed for recognizing an employee’s act as an abuse of subjective law: informational and conscious. In the first case, the party to the employment relationship has information that is not communicated to the other party, and subsequently appeals to them in order to exercise its right. In the second, circumstances should be recognized as an abuse of labor rights in which the party knew that it had a subjective right, but did not use it to further derive benefits.

CIVIL AND ADMINISTRATIVE PROCESS, HUMAN RIGHTS ACTIVITIES

35-41 150
Abstract
In this century, the legal map of the world has changed, new legal structures and institutions have appeared that are not suitable for traditional knowledge of the legal system and its branches. Thus, the law of integration organizations has strongly taken its place in the legal doctrine. Actually, this is the international law, but its rules govern relationships between the administrative bodies of states and citizens. These relationships are similar to classical administrative relations. Citizens can apply to the courts of the integration organizations; appeal the acts of international administrative bodies. These courts are built in a form that is suitable for an ordinary international court. Their activities are based on generally accepted principles of dispute resolution, and they are based on the theory of natural justice. Equal status of participants is a key link in this process. However, the principles of administrative justice are more suitable for such relations, since they are based on the active role of the court and the unequal status of participants. It is proposed to extend this provision to the work of the Court of EAEU.
42-48 167
Abstract
The article is devoted to the directions of improvement of appeal proceedings in the civil process, identified in the analysis of legislation and practice of its application, in connection with the reform of the judicial system. The author not only considers the questions of implementation of the court of appeal of its powers, justifies the need for disclosure of criteria allowing the direction of the court of appeal the case for a new trial in the court of first instance, the limits of choice in the exercise of judicial discretion outside of the petition of appeal, the improvement of term of making a petition of appeal, eliminate of the term “appeal determination”, enshrined in the law of procedure of familiarization with the act court of appeal and its further complaints, but also indicates ways of solving them.
49-54 192
Abstract
This article is devoted to the reform of the Russian bar, namely - the possibility of legislative consolidation of the “lawyer monopoly” for the provision of qualified legal assistance to all subjects of the private and public sphere. The emphasis is supposed to be made on the analysis of the international legal reality that has developed in various legal systems regarding the status of the bar; proposals for the improvement of domestic legislation and the debate of supporters and opponents of the proposed reform aimed at the introduction of the lawyer monopoly in the Russian Federation; the possibility of the emergence of the law business.

CRIMINAL LAW AND PROCEDURE

55-60 1591
Abstract
The article analyzes the international current state of the concept of digital evidence, its meaning, types and role in the process of proving in criminal cases in the practical activities of the preliminary investigation bodies of the Russian Federation, considers some problems arising in law enforcement practice, suggests the author's classification of modern digital traces, studies and compares international practice governing the practical application of digital evidence, their concept and content. The problem of gaps in the legal regulation of digital evidence is considered, as well as the possibility of introducing amendments to the current legislation concerning the legal recognition of digital evidence along with traditional types of evidence, as well as the regulation of the use of digital evidence in criminal proceedings, and a proposal is made to introduce a number of amendments to the current legislation of the Russian Federation, where it is necessary to secure definitions of digital evidence, thus legalizing it, stating in the following re At the same time, it is noted that there is no need to introduce a separate article to regulate digital (electronic) evidences, because it is rather difficult to determine the volume of digital (electronic) evidences (digital criminally significant information), at least because there is no unanimity in this respect and there was no unanimity, besides, due to the dynamic development of electronics, including personal ones, this norm quickly lost its relevance and required amendments, creating a certain gap in legal regulation, which is more complicated.

THE DEVELOPMENT OF LEGAL SCIENCE AND PRACTICE

61-66 135
Abstract
The article will analyze the work of the colloquiums of novelists, scholars and professors of law schools in Europe and Asia, conducted in the late 20th and early 21st centuries, and their impact on the process of studying Roman law in the modern period. It is concluded that colloquiums were an important factor in the development of international cooperation and the international institution of civil society.
67-75 220
Abstract
The article is devoted to the memory of the retired Deputy Chairman of the Novosibirsk regional court, honored lawyer of the Russian Federation, holder of the order of Honor Tamara Petrovna Indinok - one of the best representatives of the judicial community of the Novosibirsk region, who gave all her knowledge and energy for the benefit of the region's development. The biography is given against the background of the most significant events in the history of the country and the region, the history of the development of law in order to preserve for future generations of lawyers the history of creation, creativity, overcoming and victories committed by the older generation. When preparing the article, archival documents, personal archive of T. I. Indinok, articles in the journal of the Judicial Department Of the Supreme Court of the Russian Federation in the Novosibirsk region and the Judicial community of the Novosibirsk region were used. The article presents an exclusively professional activity, and practically nothing about his personal life. I'm sure you can't tell everything about a person. It is remembered, at B. Pasternak about it it is told so: «and it is necessary to leave gaps // in destiny, instead of among papers, // Places and chapters of life whole // Otcherkivaya on fields”.


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2542-0410 (Print)