DOI: 10.7256/2454-0706.2017.8.23745

Abstract: The subject of this research is the relevant issues of improvements to the mechanism of suspension of a criminal investigation, including assessment of the legal nature of the procedure, content and elements following the decision to suspend a criminal investigation. Among the elements of the subject of this research are the following normative acts: Criminal Procedural Code of the Russian Federation; order of the Investigative Committee of the Russian Federation from January 9, 2017 No. 2 “On organization of procedural control in the Investigative Committee of the Russian Federation”; the order of the Prosecutor General’s Office of the Russian Federation “On organization of the prosecutorial control over the procedure of the preliminary investigation authorities” from December 28, 2016 No. 826. The work yielded new information on the essence and legal nature of the work of investigators and detectives on suspended criminal cases. The author presents the examples and formulates a new definition of the concept of “other procedural activity”, as well as provides new arguments in advancement of the concept of allowability of procedure of investigative actions on suspended criminal cases.

DOI: 10.7256/2454-0706.2017.8.23801

Abstract: The subject of this article is the principle of uti possidetis, which stems from the Roman civil law and later transformed into the principle of international law. Special attention is given to the analysis of international legal assessment of the grounds for implementation of the aforementioned principle towards disintegration process of the Union of Soviet Socialist Republics (USSR). The article provides a legal analysis of the crucial aspects of Soviet legislation, as well as multilateral treaties adopted by the former Soviet republics within the framework of the Commonwealth of Independent States (CIS). The main conclusion of this work lies in the statement that upon disintegration of the Soviet Union, the international legal principle of uti possidetis has been applied for determining the borders of the former Soviet republics, which allowed transforming the previous administrative boundaries into the international borders of the newly formed independent states.

DOI: 10.7256/2454-0706.2017.8.23188

Abstract:   This article is dedicated to the questions of content and volume of the terms used in Constitution of the Russian Federation. The author examines the constitutional norms, which apply the terms identical or conformable to the common for other branches of law. In particular, attention is given to provisions of the Constitution pertaining to limitation of electoral rights of the individuals “who are kept in places of imprisonment under a court sentence” (Chapter 3, Article 32 of the Constitution); norms that define the grounds for impeaching the President of the Russian Federation due to the “charges of high treason or of another grave crime” (Chapter 1, Article 93 of the Constitution); as well as the term “international agreements of the Russian Federation) as a determinative circle of acts that from the perspective of stipulation of rules have priority over the laws (Chapter 4, Article 15 of the Constitution). Based on the conducted research, a conclusion about the lack of grounds for comprehending exceptionally within the logics of the blanker norms of constitutional provisions, conformable to the sectoral legal regulation from the standpoint of applied terminology. The author also believes that the dynamics of constitutional provisions cannot be identified with the possibility of their actual reconsideration as a result of the transformation of meaning of the particular terms at the scale of existing legislation. Due to this fact, in each similar case, the necessary for determining the concrete content of the constitutional provision consists in revealing the autonomous and “blanket” elements of the constitutional notions.  

DOI: 10.7256/2454-0706.2017.8.23331

Abstract:   The subject of this research is the legal regime of artworks in Italy, as well as legal regulation of the relations establishes in the course of their creation and use. The object of this article is the Italian legislation regarding the works of art. The author carries out a detailed analysis on the norms of the copyright law of Italy, which presents a cognitive and practical interest for the experts in the field of copyright law. The relevance is enhanced by pursuing correlation between the differences and similarities in legal regulation by the Italian and Russian legislation of the most important types of authorial relations in the area of creation and application of the artworks. The scientific novelty is defined by the fact that this research is one of the few within the Russian science to examine the emergence, establishment, and development of the copyright on artworks in Italy. Attention is given to the subjective copyright law under the conditions of transformation of the national legal and cultural traditions in modern Italy.  

DOI: 10.7256/2454-0706.2017.8.23638

Abstract: The subject of this research consists in ensuring openness and accessibility of the municipal normative legal acts for citizens, organizations, state authorities, local self-government, and independent experts. The authors examine the merits and flaws of the possible ways for obtaining legal information by the concerned parties, among which are: search for the official printed publications of local self-government bodies in the archives of libraries; search on the official websites of the local self-government; search in the register of municipal normative legal acts of constituents of the Russian Federation on the website of the Ministry of Justice of Russia; sending of personal request to the bodies or officials of the local self-government. The conducted allows establishing that none of the existing methods of obtaining normative and legal information regarding the activity of local self-government does not ensure fast and convenient access to the total volume of the municipal normative legal acts of a specific municipal entity in existing version. The authors conclude that it is necessary to create an electronic information system that allows the local self-government bodies to store, systematize, and update the normative legal acts, as well as provide open access to all parties concerned.

DOI: 10.7256/2454-0706.2017.8.19240

Abstract:   This article analyzes certain aspects of exercising state control (supervision) and municipal control over the entrepreneurial activity in the Russian Federation. Main attention is given to the questions of improving the state control (supervision), municipal control in the Russian Federation, as well as the role of Federal Law “On the Protection of Rights of Legal Entities and Private Entrepreneurs in Exercising State Control (Supervision) and Municipal Control” in the context of accomplishment of this objective. The work introduces a system of principles of the state control (supervision) and municipal control, which establish the foundation for legal regulation and practice of the examined legal relations. The main conclusion consists in the fact that the unified legislative base for activity of the oversight bodied is yet to be formed. The author’s main contribution into this research consists in formulation of suggestions aimed at improving the legal regulation of the indicated legal relations. Scientific novelty lies in proposal for improving the oversight in the area of entrepreneurial activity in the Russian Federation. The article also presents authorial position regarding the interpretation of the terms “cooperation” of the oversight bodies and legal entities, private entrepreneurs and “manipulation of market”.  

DOI: 10.7256/2454-0706.2017.8.23614

Abstract: The subject of this research is the comparatively new to the Russian law phenomenon of “fictitious registration” at the place of stay or residence on the territory of the Russian Federation. Relevance of this article lies in the need for establishing a quality and precise system of state register of population, which ensures the accumulation of data on the citizens residing in the Russian Federation. The author meticulously reviews such aspects as the key historical factors of the emergence and peculiarities of manifestation of the “fictitious registration” in modern social life. The goal of this work consists in the search for possible ways aimed at resolving the problem at hand. Application of the results of the presented scientific research is of value for the activity of government bodies authorized to exercise control over compliance with the registration rules by the citizens of the Russian Federation, as well as foreign citizens staying on the territory of the Russian Federation. The pertinence of this research is justified by the incidence of the phenomenon of “fictitious registration”; at the same time, it is underlined that the institution of registration at the place of stay or residence in the Russian Federation is currently in need of reforms. The questions of implementation and realization of the rules of the resident registration is of special importance for the state, and the phenomenon of “fictitious registration” in many ways disorients the system of such resident registration.

DOI: 10.7256/2454-0706.2017.8.23702

Abstract: The article is devoted to the analysis of foreign and domestic legislation regulating of the procurement of goods, work, services to provide state and municipal needs from a single supplier, contractor, executor. A retrospective analysis of the domestic and foreign legislation of non-competitive methods of public procurement was carried out. A comparative analysis of domestic and foreign experience of legal regulation of the procedure of procurement of goods, work, and services from a single supplier, contractor, executor has been made. The purpose of this work is to identify ways of improving the legal regulation of non-competitive methods of procurement to ensure state and municipal needs, based on domestic and foreign experience of using various types of the non-competitive procurement procedures and application of various types of civil legal instruments for regulation of contractual relationships. The work used empirical methods of comparison, description, interpretation, theoretical methods of formal and dialectical logic, specific scientific methods (juridical-dogmatic method and interpretation of legal norms).Based on the conducted research the author proposes fixing the procedure for concluding a framework agreement in the domestic legislation in the sphere of state and municipal procurement, as well as providing the register of qualified suppliers and contractors by types of goods supplied, works performed, or services rendered; application by officials of contractual services of simplified methods of procurement using a bank card in case of purchasing from a single supplier in accordance with clauses 4, 5, part 1, article 93 of the Federal law from 05.04.2013 № 44 «About contract system in sphere of the public procurement goods, works and services for state and municipal needs»

DOI: 10.7256/2454-0706.2017.8.23838

Abstract: The subject of this research is the social relations established in the process of functioning of the mechanism of differentiation and individualization of positive legal responsibility. The author in examines differentiation as a principle of responsibility and a principle of legal policy that create grounds for implementing individualization of the legal responsibility. The author reviews various levels of differentiation of the positive legal responsibility, as well as gives particular attention to the operation of civil society institutions in the context of differentiation mechanism alongside the incentive sanctions and reward. The article analyzes the general, sectoral, and special legal statuses from the perspective of differentiation of the legal responsibility, as well as defines the impact of differentiation upon the formation of terms for individualization the positive legal responsibility. In addition, the author defines the role of the alternative sanctions within the examined mechanism. The research results demonstrate that the differentiation mechanism carries a multilevel character, as well as interrelated with the mechanism of legal regulation, legislative process, but is not reduced to them. The outcome of the mechanism of differentiation is manifested in the creation of conditions for individualization of legal responsibility, as well as the lawful behavior that is realized in general regulatory and relative legal relations. Conclusion is made on the number of elements of the mechanism of differentiation of positive legal responsibility.