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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 12/2016
Contents of Issue № 12/2016
Masliy A.I. - Problems of interpretation and forms of expression of the necessity to carry out the operations of technical maintenance and current repair of vehicles of international transportation pp. 1-8

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. 
Трудовое право
Khusyainov T.M. - The process of formation and the peculiarities of the legal regulation of the Internet employment in the labour legislation of France pp. 9-16

DOI:
10.7256/2409-7136.2016.12.1862

Abstract: The paper studies the process of formation of the national labour legislation of France in the sphere of legal regulation of the Internet employment and its dependence on the supranational labour legislation – the provisions of the 2012 “European Framework Agreement on Telework”. Despite the rapidly growing interest of the modern scholars in the new forms and types of employment, including those based on the Internet technologies, the development of foreign and European labour legislation, especially the provisions of the labour legislation of France in the sphere of the Internet employment regulation, hasn’t been studied sufficiently enough, and needs to be considered more thoroughly. The author analyzes the legislative framework of France and the European Union, Russian and foreign scientific literature and the sociological and statistical research data. The author defines the peculiarities of the integration of the “European Framework Agreement on Telework” into the national labour legislation of France, notes the level of its implementation compared with some other European states. The author outlines the role of the national and supranational law in the formation of the labour legislation in the sphere of the Internet employment regulation. 
Law and order
Komarov A.A. - The personal mechanism of criminal law as applied to the deeds, committed via the Internet pp. 17-29

DOI:
10.7256/2409-7136.2016.12.1887

Abstract: The author considers the problem of the principle of criminal law as applied to the Internet. The key problem is the fact that the set of the existing mechanisms of criminal law in space doesn’t define the national jurisdiction in the global computer network. Therefore, this study is devoted to adapting the personal principle of criminal law in space as applied to social relations on the Internet and the crimes, committed in the network, against the interests of the Russian citizens, society and state. To solve this task, the author applies the set of methods of the Russian jurisprudence, including the comparative historical analysis of penal provisions, regulating the personal mechanism in the legislation of foreign countries in different historical periods. The author analyzes the modern condition of the problem and the content of the provisions of the current criminal law. The author proposes the measures of improvement of the provisions of criminal law, which, however, can be considered as quite disputable and non-conforming to the established doctrinal views by some scholars, since the author insists on the consideration of the personal principle as effective only if it has primacy over the territorial one. To ensure its effectiveness in the global network, it is necessary to abandon the anonymity of social relations in the process of users’ communication. 
Теория и философия права
Chuklova E.V. - The structure of the procedural responsibility institution pp. 30-38

DOI:
10.7256/2409-7136.2016.12.1981

Abstract: The research subject is the institution of procedural responsibility which has a two-level system. The author considers each element of this system and notes that norms-definitions and norms-principles form the first level, and the second level contains particular sub-institutions, such as civil-procedural, criminal-procedural, administrative-procedural and constitutional-procedural responsibility. Special attention is given to the study of the measures of sectoral sub-institutions of procedural responsibility, ensuring the protection of procedural social relations. The research is based on the dialectical method of cognition of social phenomena and the related general and special scientific methods, including the comparative-legal, formal-legal, functional, system and other methods. The author concludes about the existence of a separate institution of procedural responsibility. It is proved by the presence of the principles of procedural responsibility, norm-definitions and the peculiarities of application of the procedural responsibility measures. The author considers some prospects of the improvement of this institution. The study is supported by the Russian Humanitarian Science Foundation, project No 16-33-00017 “The complex, intersectoral institution of legal responsibility: its notion, structure, interrelations and role within the system of law”.  
State institutions and legal systems
Kabanov P.A. - Anti-corruption powers of the heads of subordinate entities of the Russian Federations: issues of legal regulation pp. 39-73

DOI:
10.7256/2409-7136.2016.12.1996

Abstract: The research object is the legal regulation of the powers of the highest officials (heads of executive authority bodies) of subordinate entities of the Russian Federation in the sphere of the struggle against corruption. The purpose of the research is the systematization of the powers of the highest officials of the Russian Federation in the sphere of corruption prevention, enshrined in the regional anti-corruption legislation. The tasks of the research are:-         The analysis of the regional legislation and the search for the provisions, legislating the powers of the highest officials of subordinate entities of the Russian Federation in the sphere of corruption prevention;-         The description of the content of the powers of the highest officials of subordinate entities of the Russian Federation in the sphere of the struggle against corruption, reflected in the regional legislation;-         The development of proposals about the improvement of the regional legislation for the purpose of specification of the powers of the highest officials of subordinate entities of the Russian Federation in the sphere of corruption prevention.The research methodology is based on the dialectical materialism and the related general scientific methods of cognition – analysis, synthesis, comparison, extrapolation and other methods of jurisprudence. The scientific novelty of the study consists in the detection and description of the main powers of the highest officials (heads of executive authority bodies) of subordinate entities of the Russian Federation in the sphere of the struggle against corruption. 
Human and state
Gorian E. - The protection of rights of migrant women, working in the household sector, in the Russian Federation pp. 74-87

DOI:
10.7256/2409-7136.2016.12.1995

Abstract: The research object is the protection of rights of migrant women, working in the household sector. The author analyzes the categories of working migrants and defines the weak spots of legal regulation of the relations they are involved in. Special attention is given to the international legal standards of the protection of rights of working migrants and the foreign experience in this sphere. The author outlines the characteristics of housework, complicating the protection of rights of migrant women. The article studies the institutional mechanisms of the protection of rights of migrant women, defines the shortcomings of normative regulation of labour relations. The complexity of the problem conditions the research methodology, that includes the historical-legal, hermeneutical and culturological methods. The mechanisms of protection of rights of migrant women, working in the household sector in the Russian Federation, are far from perfect. The solution of the mentioned problems can be found in the simplification of labour legislation, the development of the standard-form labour contract, the activation of non-governmental associations, the improvement of cooperation of the authorities with national communities and religious organizations. 
Law and order
Dvortsov V.E. - Comparative study of administrative and criminal responsibility of a cadastral engineer pp. 88-94

DOI:
10.7256/2409-7136.2016.12.2118

Abstract: The Criminal Code and the Administrative Offences Code of the Russian Federation contain many provisions, establishing responsibility for related, and sometimes even similar, deeds. The research object is administrative responsibility of a cadastral engineer for plotting of the knowingly false information on a delimitation or technical plan, or its inclusion in the inspection report, land delimitation project or a survey map, or for the forgery of records, which these documents are based on, and criminal responsibility for such actions in case they caused significant damage to citizens, organizations or the state. The research subject is administrative and criminal responsibility of a cadastral engineer for the offence in cadastral activity and the practice of its implementation. The research methodology is based on the comparative-analytical method. The author applies various general and specific research methods: formal-logical, system, the principle of inseparability of method and truth, analysis and synthesis. The conducted research is the first and the only complex study of the possibility of imposition of administrative and criminal responsibility on a cadastral engineer. The article contains an unconventional analysis of objective and subjective features of the offences under consideration, enshrined in the part 4, article 14.35 of the Administrative Offences Code of the Russian Federation and the crime, described in the article 170.2 of the Criminal Code of the Russian Federation. The author assesses the effectiveness of the established measures of administrative and criminal responsibility, considers the issues of qualification of offences and crimes, notes the problems of responsibility implementation and offers significant changes to the legislation. 
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