Электронный журнал Юридические исследования - №10 за 2015 год - Содержание - список статей - ISSN: 2409-7136 - Издательство NotaBene
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 10/2015
Contents of Issue № 10/2015
State institutions and legal systems
Agapov I.O. - Legal regulation of lobbying in Canada pp. 1-12

DOI:
10.7256/2409-7136.2015.10.1639

Abstract: The subject of the research is the peculiarities and legal scope of interaction of private interests representatives and public authorities in Canada. Special attention is paid to the study of the main documents regulating lobbying: the Law on Lobbying and the Code of lobbyists’ conduct. The author analyzes the structure, functions and authorities of a lobbying commissioner, the particular issues of interaction between lobbyists and federal government officials. The article reveals the problems of implementation of legal prescriptions conditioned by the voluntary nature of the Code and the lack of resources for an effective control over lobbying. The study is based on the general scientific and special methods, including the analytical, historical, formal-logical and technical-legal methods. The author comes to the conclusion that, despite the long history of legal regulation of lobbying in Canada, the existing system of lobbyists registration leaves much to be desired. Registration and report requirements are hardly implemented, investigations are not conducted. At the same time the lobbying commissioner possesses a vast number of means of influence on the illegal behavior of dishonest lobbyists. 
Law and order
Kabanov P.A. - Criminal mortality of women in modern Russia: victimological dimension of statistical rates for 2009 – 2014 pp. 13-23

DOI:
10.7256/2409-7136.2015.10.1625

Abstract: The subject of the research is criminal mortality of women as a negative social phenomenon and a consequence of the modern Russian criminality. The purpose of the research is the revelation of tendencies of criminal mortality of women in Russia against a background of increase of crime rates and victimity of the Russian population. The tasks of the research are: a) to analyze the departmental victimological statistics devoted to the consequences of criminality; b) to reveal and describe the tendencies of criminal mortality of women in the context of the changing criminality; c) to reveal the existing and to offer new directions in the research of criminal mortality of women through criminological means. The methodology of the research is based on dialectical materialism and the general scientific methods of cognition: analysis, synthesis, comparison and others. The scientific novelty of the research lies in the fact that for the first time in the Russian criminological science on the base of the data of official departmental criminological statistics the author measures criminal mortality of women as a negative consequence of the modern Russian criminality and reveals the tendencies denoting the unfavourable changes in the consequences of criminal behavior. 
Panshin D.L. - Victimological aspects of road crimes in Russia: analysis of official statistics for 2009 – 2014 pp. 24-50

DOI:
10.7256/2409-7136.2015.10.1630

Abstract: The article provides the analysis and comparison of absolute and relative rates of road crimes victims. The research characterizes the current situation in the victimity of the population caused by this type of crime, the quantitative and qualitative peculiarities of aggrieved persons for the period of 2009 – 2014. The data characterize the dynamics of change in the quantitative and qualitative rates of victimity of the population and denote some changes in the structure of aggrieved persons in relation to the whole number of criminal victims. The author applies the method of extension of periods and the methods of dialectics to outline the patterns and tendencies of change of victimological rates of the modern Russian road crime on the base of the official data of departmental statistics. The author offers the characteristics of rates of victimological condition of criminal road traumatism and mortality, the dynamic changes of the number of crimes and victims among physical and legal persons, the correlation of the growth rates with a common tendency of development of criminogenity of the population and the characteristics of traumatism and mortality among minors on the roads of the country.   
Семейное право
Starodubtseva V. - Maternity leaves and child benefits in Russia and Switzerland: comparative-legal study pp. 51-60

DOI:
10.7256/2409-7136.2015.10.1629

Abstract: The object of the research covers the legal norms regulating the granting of maternity leaves and child benefits in Switzerland and in Russia. The author analyzes the Russian and foreign resources and touches upon the issues of insurance contributions payment, compares the range of persons who can apply for leaves and benefits, the conditions of granting, the rules of calculation of their amount, the possibility to combine a maternity leave with a paid activity, in order to reveal the positive aspects of legal regulation in both countries. When conducting a comparative analysis of the Swiss and Russian legislation of social welfare, the author applies the comparative-legal method. In the result of this analysis the author finds many positive aspects of the Russian legislation regulating the granting of maternity leaves and child benefits to mothers and other persons responsible for child care. The author emphasizes a stricter approach of the Swiss legislation to the regulation of this sphere and the bigger sums of child benefits in this country. 
Jurisprudence
Savelyev Y.M. - On the concept of legal liability pp. 61-80

DOI:
10.7256/2409-7136.2015.10.1612

Abstract: The article is devoted to the eternal disputable question about the essence of the concept of legal liability. The article analyzes the concept of legal liability as a complex legal phenomenon in the light of the philosophy exposed in two forms – a positive and a negative. The author also touches upon the issue of a generic concept of social liability in general. The subject of the research is social liability as a basic concept and legal liability as one of the varieties of social norms. The author also emphasizes the positive form of legal liability. The main methods of research are the dialectical method of cognition and the historical method. The author also applies the method of comparative-legal analysis. Having analyzed various legal, sociological and philosophical points of view, the author comes to the conclusion about the topicality of positive legal liability and joins the definition of legal liability as a complex legal phenomenon which includes not only the retrospective aspect. In the author’s opinion, positive and negative legal liabilities are two forms of legal liability in general. 
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