DOI: 10.7256/2454-0706.2018.12.28311

Abstract: The subject of this article is the problem of scientific plagiarism (unlawful borrowing of another author’s text), protection of copyrights, and intellectual property in the broad sense of the word, which is viewed in the context of economization of human life alongside the introduced to the State Duma by the President of the Russian Federation V. V. Putin legislative bill on extending the list of offences, which criminal charges can be dismissed in case of compensation for damage that has been inflicted. The author makes practical proposals aimed at combatting plagiarism, taking as a basis the words of Napoleon Bonaparte “Put a rogue in the lime-light and he will act like an honest man”. The scientific novelty of this research lies in examination of the problem of plagiarism from the perspective of economic and legal sciences, as well as partially sociology and human psychology. The article touches upon a number of interrelated issues: plagiarism and circumvention of legitimate citation; plagiarism and functionality of the national scientific schools; plagiarism and countermeasures; plagiarism and formation of scientific potential in Russia, etc. It is concluded that plagiarism entails a multitude of problems that can only be resolved as a whole, and not on the individual level, but representative scientific centers with government association.  

DOI: 10.7256/2454-0706.2018.12.28431

Abstract: The subject of this research is the established doctrines of subjective public rights in its development pertaining to Russia, including stares of its formation of the corresponding teaching in the pre-revolution period, its crisis during the Soviet era, and its rebirth at the present stage. The author analyzes vast amount of literature on various branches of law, subjecting views of foreign and Russian lawyers (especially administrative law experts) to critical analysis. The author concludes that the subjective public rights represent one of the central institutions of modern public (administrative) law, which should be oriented towards the interests of private citizens and their protection within a democratic society and socially-oriented state. Further advancement of the doctrine of public subjective rights, as well as its subsequent instrumental and legal-technical level implementation into legislation and law enforcement, is held back by the so-called “administrational” approach, which continues to dominate the study of administrative law and must be overcome.

DOI: 10.7256/2454-0706.2018.12.28440

Abstract: The subject of this research is the positions of subjective public rights opposing the postulates of state administration doctrine. The authors subjects to criticism the “government-administration approach”, dominating the doctrine of administrative law starting with the Soviet era. Special attention is paid to the social legal analysis that formed within the doctrine of categorical row. In comparison to this, the author examines the concept and system of subjective public rights, in the context of which proposing a new outlook on the composition of the subject and the system of administrative law. A conclusion is made that state administration doctrine caused the most damage to the theory of subjective public rights. However, this doctrine plays a key role in the administrative law doctrine, having the potential for its development in the proper framework, since it provides not only positioning of private citizens as the central subjects in legal relations with public administration, but also the instrumental approach towards the analysis of such interaction, which is beneficial for legal practice and improvement of legislation.

DOI: 10.7256/2454-0706.2018.12.28515

Abstract: The subject of this article is the critical analysis of current state of the concept of human rights, primarily with regards to its rapid mutation based on the gender theory. Attention is turned to the fact that back in the late XX century, the image of human alongside the concept of human rights were founded on the traditional Western idea of humanism. At the present stage, the concept of human rights undergoes drastic changes via instruments of international law. And, at times, without due circumspection. The author believes that most boldly this trend is reflected in the attempts of recognition of child’s right to choose gender identity and sexual orientation. The conclusion is made in the unacceptability of such transformation for Russia. The scientific novelty lies in the analysis of little known international legal documents that pretend to drastic transformation of human image and the concept of human rights. In addition, leaning on the conducted analysis and examination of the historical dynamics of mutation of the doctrine of human rights, the author underlines the need of the Russian Federation to defend the traditional approach towards human right, which is founded on the classical ideas of humanism, in the context of peculiarities of the national and confessional composition of the Russian society, its sociocultural and other historical characteristics.  

DOI: 10.7256/2454-0706.2018.12.28200

Abstract: This article is devoted to criminal law and criminological problems of recording the identity of the perpetrator and its public danger. Based on the analysis of the current criminal legislation and court cases, the author notes the trend towards anonymity of the criminal policy, expressed in giving more significance to public danger of the crime and formal approach towards record of the perpetrators identity. Accent is made on the issue of surface study of danger to the public from the perpetrator, which impedes the correct of the convict, and development of preventative measures against future crimes. It is recommended to give more weight to the study of the profile of the perpetrator and the need to establish unified criterion for assessing the level of public danger from the individual for issuing a fair sentence matching the public threat the individual represents. It is noted that public danger of the perpetrator’s identity consists in the capability of committing a crime, which is the reason for conclusion on practical necessity for developing preventative measures for working with individuals that represent potential public danger and are prone to committing crimes.

DOI: 10.7256/2454-0706.2018.12.28255

Abstract: The subject of this research is the issues of conducting economic legal expertise of the efficiency of budget spending in a program format on the example of the sphere of formation and realization of industrial policy in the Russian Federation. Analysis is conducted on the normative regulation in federal laws and normative legal acts of the executive branch of the order of preparation, establishment and execution of state programs in the area of realization of industrial policy and its budget support. The article explores the composition of goals, criteria and indicators of government programs in the sphere of industrial policy, as well as correspondence of the materials of the programs with the normative legal acts of federal authorities of the executive branch. Based on the analysis of scientific research and law enforcement practice of realization of government programs of industrial development, a conclusion is substantiated on the impossibility of conducting an economic legal expertise on the efficiency of budget spending based on the materials of the government programs, as well as the need to put into practice public control and independent expertise in formation and establishment of government programs in the Russian Federation. One of the possible options consists in redistribution of authority between the legislative and executive branches in the sphere of forming budget spending in a program format.

DOI: 10.7256/2454-0706.2018.12.28488

Abstract: In the current conditions of development of the market economy and democratization of government institutions there is a growing interest of political science regarding problems of cooperation between business and state. The author examines the methods and strategies used by the business actors in structuring relationship with the government authorities. The fusion of formal and informal methods in GR activity of business structures is of special interest for the modern political science due to its particular relevance for the countries with developing economy, when the communication between business and government is not regulated by legal norms. This article analyzes the application of formal and informal methods of GR based on the Lockheed Martin case study, which allows determining the correlation between the economic success of the corporation and the ability to efficiently combine formal and informal GR strategies. The scientific novelty of this work consists in describing the peculiarities of application of formal and informal GR methods in the activity of business actors. The author demonstrated the approaches towards understanding GR as a form of activity aimed at establishment of stable relations with the government authorities. Particular attention is given to examination of the informal aspects of GR, as there is no generally accepted view in the political science.

DOI: 10.7256/2454-0706.2018.12.28188

Abstract: The author assesses the problem of proving damages suffered by a declarant resulting from a failure of the other side to carry out the customs broker agreement. The article gives classification of damages suffered by a declarant, resulting from customs broker’s failure to properly declare goods. The article explores the issue of proving damages by the declarant. Analysis is conducted on theoretical and practical positions of limitation of the principle of full compensation. Also analyzed are the forms of limitation to the compensation caused to the declarant included into the customs broker agreement. Based on analysis of 70 agreements, signed between declarants and customs brokers, the author determines the means that would allow customs brokers to effectively shield themselves from having to compensate the declarants. The author formulates general rules of distribution of risks between the declarant and the customs broker according to customs broker agreement.