DOI: 10.7256/2409-7136.2016.12.2146

Abstract: The author considers the existing legal problems, caused by the absence of the normative consolidation of the definition of the term “necessity to carry out the operations with a vehicle of international transportation” in the current Russian legislation, and the forms of expression of such a necessity, which is one of the conditions for the tax benefit, provided by the article 347, clause 1, sub-clause 1 of the Customs Code of the Customs Union, which grants the remission of customs taxes in cases of technical maintenance and current repair of a ship. The author applies the set of methods, such as analysis, legal interpretation, the formal-legal method and others. The author concludes that: It is necessary to amend the current version of the article 347, clause 1, sub-clause 1 with the condition, that the need for the operations of technical maintenance and current repair with a vehicle of international transportation should be presented in a written form; Since the article 347, clause 1, sub-clause 1 doesn’t contain the definition of the term “necessity to carry out the operations with a vehicle of international transportation”, it is usually interpreted by judicial authorities and such a unification doesn’t take into consideration the interests of ship-owners and sometimes hampers their realization. Therefore, the definition of this term should be normatively consolidated via amending the article 4 of the Customs Code of the Customs Union with a sub-clause 53, eliminating all the contradictions. The scientific novelty of the research consists in the fact that the issues of the necessity to carry out operations of technical maintenance and current repair of vehicles of international transportation haven’t been studied in this context so far. 

DOI: 10.7256/2409-7136.2016.12.1862

Abstract: This paper examines the process of formation of the national labor legislation of France in the field of legal regulation of Internet employment and the impact on it of supranational labor law - the norms of the "European Framework Agreement on Telework" ("European Framework agreement on telework"), adopted in 2012, Despite the rapidly growing interest of modern researchers in new forms and types of employment including those based on Internet technologies, the study of foreign and European labor legislation, and especially the norms of labor law in the field of regulating Internet employment in France, as well as in other countries, is currently insufficient and requires closer attention of researchers. The methods of this research were the analysis of the legislative base of France and the European Union, Russian and foreign scientific literature, as well as data from sociological and statistical studies. Within the framework of this work, the features of the implementation of the "European Framework Agreement on Telework" in the national labor law of France are determined, the degree of implementation in comparison with some other countries of the European Union is noted. The role of national and supranational law in the formation of labor legislation in the field of regulation of Internet employment is highlighted.

DOI: 10.7256/2409-7136.2016.12.1887

Abstract: In this paper, the author addresses the problem of the operation of criminal legislation in space, in relation to such a social phenomenon as the Internet. The main problem is the fact that the totality of the existing principles of the criminal law in space cannot give an answer whose national jurisdiction should extend to the global computer network. Therefore, our research is devoted to the issue of adapting the personal principle of the criminal law in space in relation to public relations on the global Internet and crimes committed there against the interests of Russian citizens, society and the state. To solve this problem, we have chosen a whole set of widely used methods in Russian jurisprudence. Comparative historical analysis of criminal law norms on the ways of regulating the personal principle in the legislation of foreign countries at various historical stages. We analyzed the current state of the problem and the content of the norms of the current criminal law. The most significant results of our research were proposals to improve the norms of criminal legislation, which, nevertheless, may seem to some of our colleagues very controversial and do not correspond to the prevailing doctrinal views. So we insist on the position according to which the personal principle gains its effectiveness only if it has priority over the territorial one. And for its full-fledged operation in the global computer network Internet, it is necessary to abandon the anonymity of public relations in the process of user interaction with each other.

DOI: 10.7256/2409-7136.2016.12.1981

Abstract: The subject of the study is the institute of procedural responsibility, which is a two-level system. The author examines in detail each element of this system, and notes that the first level is norms-definitions and norms-principles, the second level is represented by separate subinstitutions, such as civil procedural, criminal procedural, administrative procedural and constitutional procedural responsibility. Special attention is paid in the article to the study of measures of sectoral subinstitutions of procedural responsibility that ensure the protection and protection of procedural public relations. The research is based on the dialectical method of cognition of social phenomena and organically related general scientific and private methods: comparative legal, formal legal, functional, systemic and others. As a result of the conducted research, the author draws conclusions about the existence of an independent institution of procedural responsibility. The circumstances testifying to this are the existence of principles of procedural responsibility, norms-definitions, features of the application of measures of procedural responsibility. The author touches upon some prospects for improving the institute under study. The article was supported by the RGNF, project No. 16-33-00017 "Complex, intersectoral institute of legal responsibility: concept, structure, interrelations and place in the legal system".

DOI: 10.7256/2409-7136.2016.12.1996

Abstract: The object of the study is the relations on the legal regulation of the powers of senior officials (heads of the highest executive bodies of state power) of the subjects of the Russian Federation in the field of anti-corruption. The purpose of the study is to systematize the powers of senior officials of the subjects of the Russian Federation in the field of combating corruption, provided for by regional anti-corruption and other legislation. Objectives of the conducted research: - analysis of regional legislation and search for norms in it that consolidate the powers of senior officials of the subjects of the Russian Federation in the field of anti-corruption; - description of the content of the powers of senior officials of the subjects of the Russian Federation in the field of anti-corruption reflected in regional legislation; - development of proposals for improving regional legislation in in order to concretize the powers of senior officials of the subjects of the Russian Federation in the field of anti-corruption.The methodological basis of the conducted research is dialectical materialism and general scientific methods of cognition based on it – analysis, synthesis, comparison, extrapolation and others used in the legal sciences. The scientific novelty of the conducted research lies in the fact that for the first time in Russian legal science, based on the analysis of Russian regional legislation, the main powers of senior officials (heads of the highest executive bodies of state power) of the subjects of the Russian Federation in the field of combating corruption are identified and described.

DOI: 10.7256/2409-7136.2016.12.1995

Abstract: The object of the study is the relations that arise when ensuring the rights of migrant workers-women employed in the household. The categories of migrant workers are analyzed and vulnerabilities in the legal regulation of relations with their participation are identified. Special attention is paid to international legal standards for ensuring the rights of migrant workers, foreign experience is analyzed. The characteristics of domestic work that determine the complexity of ensuring the rights of migrant women are highlighted. The institutional mechanisms of ensuring the rights of migrant women are investigated, the shortcomings of the regulatory regulation of labor relations are determined. The complexity of the problem determines the methodology of the study: These are historical-legal, hermeneutical and culturological methods, etc. Mechanisms for ensuring the rights of migrant women employed in the household in the Russian Federation are still far from perfect. The solution to these problems is seen in the simplification of migration legislation, the development of a model employment contract, the activation of public associations, the establishment of cooperation between authorities with national communities and religious organizations.

DOI: 10.7256/2409-7136.2016.12.2118

Abstract: The Criminal Code of the Russian Federation and the Code of Administrative Offences of the Russian Federation contain many norms establishing responsibility for related, sometimes even similar acts. The object of the study is the administrative responsibility that occurs when a cadastral engineer commits an offense in the form of entering deliberately false information into boundary or technical plans, a survey report, a land surveying project, or a map-plan of the territory or forgery of documents on the basis of which these documents were prepared and criminal liability for the commission of the above actions, if these acts caused major damage to citizens, organizations or the State. The subject of the study is the administrative and criminal liability of a cadastral engineer for committing a tort in the field of cadastral activity, the practice of application. The methodology is based on the comparative – analytical method of research. The author uses various methods of general and particular research: formal-logical, systematic, the principle of continuity of method and truth, analysis and synthesis. The conducted research is the first and only comprehensive study of the possibility of applying administrative and criminal liability to a cadastral engineer. The article presents an unconventional analysis of objective and subjective signs of the considered offenses under Part 4 of Article 14.35 of the Administrative Code of the Russian Federation and crimes under Article 170.2 of the Criminal Code of the Russian Federation, assesses the effectiveness of the measures of administrative and criminal responsibility established by the legislator, examines the issues of qualification of offenses and crimes, the problems of applying responsibility in practice are noted, significant additions to the legislation are proposed.