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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 09/2014
Contents of Issue № 09/2014
State institutions and legal systems
Kuleshova E.A. - Role of the regional representation institutions in the process of formation of the state innovation policy. pp. 1-9

DOI:
10.7256/2305-9699.2014.9.13026

Abstract: The article concerns specific features of the formation of the state innovative policy in the federal state. In particular, the author substantiates the importance of the interaction of regions and the federal center in the process of development and formation of the state innovation policy.  The author provides brief characteristics of the regional representation institutions within the system of federal government, as well as regional influence groups, which may have influence upon the development and formation of the state innovation policy, as well as on the formation of a sustainable national innovative system. Within the framework of the article the author used the methods of documental analysis, generalization, classification and forecasting.  The author analyzes the implementation of the state innovation policy at the curren stage, paying special attention to the Russian federalism. The author draws a conclusion on the need for the involvement of the regional influence groups in the formation of the state innovation policy, which should result in the formation of the sustainable regional innovative systems, and, therefore a national innovative system.
Babina E.A. - Legislation of the foreign states on remote sensing of Earth with artificial satellites. pp. 10-22

DOI:
10.7256/2305-9699.2014.9.13141

Abstract: The author studies the foreign legislation regarding remote sensing with the use of artificial satellites of Earth.  The author studies the legislation of Australia, South Africa, England, Argentina, Belgium, Brazil, Germany, Spain, Canada, China, Norway, the USA, the Russian Federation, Ukraine, Sweden, France, Chile, Japan in this sphere. The author draws a conclusion that this legislation is rather scarse, and that laws and other normative acts are adopted only in some cases. It is also stated, that such legislation only exists in the states, where state bodies and legal entities are directly involved in this sphere by the type of their activities or they are in other ways interested in studies and use of the space.  The author states that usually the provisions on remote sensing are included into the general legislation on space activities, and sometimes the regulation is indirect, rather it is included within the scope of the civil law relations. The author also states that legislation of the states regarding space activities started to develop or was adopted after it turned out that these activities are undergoing the transition from the sphere of international military tension to the sphere of commercially profitable entrepreneurship, and a special branch of international space law is now forming, which is international space private law.
History of state and law
Nikulin V.V. - Desertion at the time of the Civil War in Russia. General characteristic features, extraordinary circumstances legislation and criminal punishment (1918-1920). pp. 23-50

DOI:
10.7256/2305-9699.2014.9.13064

Abstract: The author studies the main tendencies in the development of military criminal legislation regarding desertion, analyzing the system of criminal responsibility for it.  It is shown that the criminal responsibility for desertion was introduced in the second half of the 1918, when desertion became a mass matter in the second half of 1918, when the mass draft to the Red Army took place. The author singles out the main motives for the unlawful behaviour of the draftees.  The main causes for desertion at the time of the Civil war involved social, economic, moral and psychological factors, and they formed the main motivation for the desertion. The moral and psychological reasons involved a religious factor, namely, refusal to serve in the army due to the moral values.  The Soviet Russia provided a legal opportunity to avoid military service due to the moral issues, and this opportunity was often abused in order to avoid mobilization to the army.  The author also analyzes the main factors and methods for fighting desertion: measures of criminal prosecution, taking hostages, proprietary sanctions, etc.  It is also noted that military criminal legislation of the time of the Civil War concentrated first of all on the development of legal norms against desertion. There was also an obvious tendency for stricter punishments for the desertion and facilitating actions: сoncealment of desertion and instigation to desertion. The criminal legislation also widened the range of aggravating circumstances. The conclusion is made that military criminal legislation regulated fighting desertion and by the end of the Civil War, a developed system of specific criminal sanctions with great differentiation of applied measures depending on the character of an action, degree of its maliciousness, role and character of co-participation and direction of the intents of the co-participants existed. Therefore, the military criminal legislation at the time of the Civil War in Russia has formed the basis for the later Soviet military criminal legislation.
Sinelnikova V.N. - Formation and development of the institution of registration of rights and titles to immovable property in Russia. pp. 51-83

DOI:
10.7256/2305-9699.2014.9.13094

Abstract: The author has made an attempt to study the genesis of the institution of registration of rights and titles to immovable property in Russia. For that purpose the author has studied the historic documents regulating the procedure and conditions for the registration of immovable property, as well as related problems. The author also provides conclusions, which may be taken into account by the developers of the modern system of registration of rights and titles to immovable property. The author presents the viewpoints of renowned civil law scholars of the time, such as D.I. Meyer, I.M. Tyutryumov, G.F. Shershenevich, etc.  Applying the methods of synthesis and comparative analysis the author draws an analogy of problems which were faced by the owners of immovable property in XVIII - XIX centuries and current problems in the same sphere, drawing a conclusion that many issues have not been resolved in several decades, while in other countries the legislators have developed efficient mechanisms for dealing with such problems. Taking into account the current social relations regarding making deals with certain types of items and the perspectives for the market development, the author substantiates the position that official recognition of the division of objects into movable and immovable ones is a progressiveachievement of the Russian civil law studies, which was further regulated in the norms of the Civil Code of the Russian Federation and a number of other Federal Laws.  This consecutive movement of the Russian legislation shall strenghen the protection of rights of owners and other title-holders of immovable property.
Jurisprudence
Kabanov P.A. - Public control in the sphere of fighting corruption as a scientific legal category and its contents. pp. 84-97

DOI:
10.7256/2305-9699.2014.9.13003

Abstract: The object of the studies involves public control in the sphere of fighting corruption as a scientific legal category and its contents. The goal of the studies is to develop a scientific legal category of "public control in the sphere of fighting corruption" and discussing its contents. The main purposes of the studies involve: a) search, revealing and description of the key structural elements of public control as a legal category in the Russian federal and regional legislation and by-laws; b) development of the scientific legal category of public control in the sphere of fighting corruption based upon normative legal acts and scientific literature; c) reveling contents of the public control in the sphere of fighting corruption as a legal category. The methodological basis for the studies involves dialectic materialism and the general scientific methods, which are based upon it, such as: analysis, synthesis, comparison, extrapolating, as well as  other methods applied in legal studies.  The scientific novelty of the study is due to the fact that the author offers a new legal category "public control in the sphere of fighting corruption" with regard to the recently adopted (summer of 2014) federal Russian legislation on public control, and the author reveals the contents of this category.  This category may be used in the further legal studies in the sphere of fighting corruption and studies of the phenomenon of public control.
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