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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 09/2015
Contents of Issue № 09/2015
Amelin R.V. - The way of access to information as an element of legal status of government information systems users pp. 1-12

DOI:
10.7256/2409-7136.2015.9.15993

Abstract: The article considers the way of access to information in government information systems in the general context of study of their legal regime. The author attempts to demonstrate that the way of access to information is an essential part of legal status of government information systems users and should be defined by the range of such factors as legal regime of information and the goals of its use. The author attempts to systematize the ways of access to information and their linkage with the respective factors. The empirical base of the research contains normative legal acts regulating the legal regime of information systems created on the base of federal laws. On basis of the analysis of the respective legal norms the author attempts to outline the “best practices” of legal regulation. The author offers particular recommendations about the improvement of legislation regulating different ways of access. The considered ways of access to information in government information systems, their connection with the legal regime of the respective data and the authorities of information users can be used as a base for the creation of a united model of government information systems legal regulation. 
Семейное право
Usacheva E.A. - Historical development of a permissive method of alimony relations regulation in Russia pp. 13-42

DOI:
10.7256/2409-7136.2015.9.15916

Abstract: The author analyzes the provisions of Russian laws and normative acts for the period from the 11th till the 20th centuries establishing the possibility of treaties between the interested parties about the maintenance, regulating the form of such treaties and a degree of freedom of their participants. Special attention is paid to the development of judicial practice of the Russian Empire and its assessment criteria for the treaties about maintenance granting concerning their compliance with the recipient’s interests. The author studies the influence of socio-economic and political conditions on the realization of a permissive method of alimony relations regulation. The study is based on the dialectical method of cognition. The author uses the historical method and the special methods of cognition: technical and legal, formal-legal and the method of interpretation of legal norms. The author concludes that in Russia the institution of treaties about alimony payment as an independent and rigorous way of alimony responsibility regulation has formed only in the late 20th century. In pre-revolutionary legislation a treaty on maintenance granting didn’t have any special legal regime and was basically a type of a gift contract. In the result of the analysis of historical experience the author reveals the preconditions for an adequate functioning of alimony treaties institution. 
Трудовое право
Chuklova E.V. - Collisions between the norms of corporate and labor legislation in regulation of work of a head of organization pp. 43-51

DOI:
10.7256/2409-7136.2015.9.15953

Abstract: The subject of the research is the range of norms of corporate and labor legislation regulating the order of guaranteeing and compensating for the head of a legal entity. The article considers some collisions between the use of norms of corporate and labor legislation concerning the conditions of a dismissal wage inclusion in the work contract of the head of organization. The object of the research is a range of social relations with the participation of a head of a legal entity. The author concludes that it is reasonable to recognize the conditions of work contract as civil transactions. The research is based on the dialectical method of cognition and the related general scientific and special methods: comparative-legal, formal-logical, functional, systems and other methods. The author considers unacceptable the recognition of a voidable transaction as invalid and the use of the consequences of its invalidity for the protection of violated rights. In the considered cases a more adequate way of protection of a violated right would be the recognition of a decision of a legal entity council or (and) bodies about payment of dismissal wages, compensations or other pays to heads of organizations and members of collective executive bodies due to a work contract termination as invalid. 
History of state and law
Egorov V.V. - Criminal and political persecution of the Jews in the Russian Empire in the late 19th – the early 20th centuries pp. 52-70

DOI:
10.7256/2409-7136.2015.9.15845

Abstract: The aim of the research is to study the influence of the legislation of the Russian Empire on the life of the Jews. The author characterizes criminal and political persecution of the Jewish people in the late 19th – the early 20th centuries and studies the Jews’ struggle against discrimination in this period. The subject of the research is the Russian legislation on the Jews. The object of the research is the range of social political and legal relations in the Russian Empire in the 18th - the early 20th centuries influencing the character and the peculiarities of regulation of condition of the Jewish population in Russia. The author uses the formal-logical, the historical-legal methods, the method of historical and political interpretation of law. The author concludes that the most important motivational components of the policy of the Russian Empire in relation to the Jews were heterogeneous: on the one hand, the government tried to incorporate the Jewish population into the Russian society by means of overcoming the main feature separating the Jews from the majority of the population – Judaism. On the other hand, the fear of a political, confessional, economic and national supremacy of the Jews took place. The author outlines the motivational components of the Jewish population in their struggle for wider rights: 1. The will to overcome the Jewish Pale, which became the most important impetus to their aspiration for a comprehensive development, first of all, for education; 2. The will to become a political actor of the Russian society and to change the legal situation in Russia. 
Practical law manual
Kuznetsova E.I. - Overturning of execution of court decision: matters of argument in civil and arbitration proceedings pp. 71-81

DOI:
10.7256/2409-7136.2015.9.16029

Abstract: The paper considers law enforcement of the institution of overturning of execution of court decision in civil and arbitration proceedings. The author pays special attention to the conditions of application of this institution, focuses on the deficiencies of legislation regulating this institution, and gives the examples of judicial practice. The article also considers the admissibility of use of this institution in cases of non-pecuniary claims, adduces the judicial practice examples. Special attention is paid to the comparative-legal analysis of regulation of this institution in the provisions of the Civil Code and the Administrative Code of the Russian Federation. The author concludes that the existing Russian legislation doesn’t solve the problem of admissibility of use of the institution of overturning of execution of court decision on non-pecuniary claims. At the same time, the legislator has qualified the categories of cases which are not considered within this institution. The author advices to legitimate the term “overturning of execution of judicial act” in the Civil Code, as the term “judicial act” is wider than the term “court decision”. 
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