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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 01/2017
Contents of Issue № 01/2017
State institutions and legal systems
Chornovol E.P. - Civil law forms of compensation for damage, caused by corruption offences, within the system of legal anti-corruption measures pp. 1-74

DOI:
10.7256/2409-7136.2017.1.18837

Abstract: The research subject contains national civil law forms of compensation for damage, caused by corruption offences, represented in the system of legal provisions, defining the limits of legally approved and necessary behavior of subjects of social linkages. The author characterizes civil law forms of compensation for damage, caused by corruption offences, which are differentiated to legal and regulatory, individual and regulatory and personable legal provisions according to their content. Special attention is given to the establishment of the extent of damage, the ways and the character of compensation for damage caused by corruption offences. Based on the research, the author formulates the proposals about the improvement of civil law regulation of compensation for damage caused by corruption offences. The research methodology in based on the set of general scientific and special methods: synthesis, analysis, the system-structural, formal-legal, logical, comparative-legal, statistical and other methods. Regulatory forms are expressed in the forms of a civil law institution of prevention of causing and compensation of damage, which, according to the character of the offence, form a specific sub-institution of compensation for damage caused by corruption offences. Individual civil law forms of compensation for damage, caused by corruption offences, are represented by legal relations – tort liabilities, in which the subjective rights of the injured and the legal responsibilities of the wrongdoers are formed and implemented. Personable civil law forms of compensation for damage, caused by corruption offences, consist in legal capacity and active capacity of persons involved in the mentioned tort liabilities. Each of them is analyzed. 
Transformation of legal systems
Strelkova I.I. - Bankruptcy laws in China: main stages of development pp. 75-90

DOI:
10.7256/2409-7136.2017.1.18718

Abstract: The research subject is bankruptcy laws in China, interpretations of people’s courts of China and scholar articles by Russian and foreign authors in this sphere. The research object is legal regulation of bankruptcy in the People’s Republic of China in its development. The author considers such aspects of the topic as the influence of China’s economic policy on law making in this sphere, the impact of foreign law, the peculiarities and problems of legal regulation of bankruptcy on different stages of development of the country’s political and economic systems. Special attention is given to the modern stage of development of China’s bankruptcy laws and the scope of the current Law on business bankruptcy. The research methodology includes the complex analysis of the legislation of the People’s Republic of China, regulating bankruptcy, using the comparative-legal, comparative-historical and formal-legal methods. The scientific novelty consists in the description of the development of bankruptcy in the historical and comparative-legal aspect from the position of the state’s economic policy in different periods of its development. The author outlines three main stages of development of bankruptcy laws: from the early 20th century to the establishment of the People’s Republic of China; the period of economic reforms from 1978 till 2006; the recent stage of bankruptcy regulation in accordance with the “Law on business bankruptcy”. Each of these stages reflects the socio-economic aspects of China’s politics and the impact of the experience of bankruptcy regulation in different countries, especially in the U.S. The author prognosticates the further development of the bankruptcy institution in the direction connected with the extension of the range of debtors, covered by bankruptcy laws, by the inclusion of private entrepreneurs.  
Suponina E.A., Markevich A.S. - On the prospects of compulsory community service as a form of administrative punishment pp. 91-97

DOI:
10.7256/2409-7136.2017.1.19035

Abstract: The article contains the analysis of the legal nature and the specificity of compulsory community service as an element of the administrative punishment system; the mechanism of implementation of this form of administrative punishment; the prospects of its optimization and the problems of its correlation with administrative arrest. The research subject includes the provisions of administrative tort law regulating the content, reasons and procedure of use of compulsory community service as a punishment; the activities of specialized bodies aimed at its implementation and the statistical and empirical data on this issue. The authors apply modern achievements in epistemology and administrative tort law. The research methodology is based on general scientific and specific research methods. The authors use the historical, statistical, sociological, comparative-legal, formal-logical, system-structural and other research methods and the method of expert assessment. The scientific novelty of the study consists in its subject – the establishment and application of such a comparatively new for Russian legislation form of punishment as compulsory community service. The authors assess the possibility to extend the scope of compulsory community service on persons of no fixed abode and permanent source of income. 
Law and order
Litvin I.I. - Technical and electronic means in criminal proceedings: the notion, the place and the role pp. 98-104

DOI:
10.7256/2409-7136.2017.1.18727

Abstract: The article studies the approaches, described in the scientific literature, to the concept of technical means, the place of technical means and their purpose in criminal proceedings. The author analyzes the criminal procedural rules regulating the forms of technical means application. The author compares the notions “technical means”, “technical and criminological means”, “scientific and technical means”, “technical means of communication” and “electronic means”. Special attention is given to the problem of application of recording technical means. The author assesses the status of information, acquired via technical and electronic means, in proving during criminal proceedings. The research methodology is based on the set of general scientific and special research methods including the normative-logical and system methods, synthesis, analysis, deduction, induction and other research methods. The author concludes about the necessity to legislate to notion “technical means” and singles out electronic means as a special form of technical means based on the criterion of the result of their application in the form of electronic information. The author proposes the notion “electronic means” and emphasizes the necessity to endow the results of technical means application with evidentiary value. 
Salkazanov A.E. - Comparative-legal analysis of criminal responsibility for failure to make payments into the budget in Russia and in Europe pp. 105-115

DOI:
10.7256/2409-7136.2017.1.19976

Abstract: The research subject is the comparative analysis of criminal responsibility for failure to make tax payments, fees and other payments into budgets in Germany, Spain, Italy and Russia. The author pays special attention to the legal provisions of these states regulating criminal failure to make payments into the budget. The author describes the provisions regulating the responsibility for failure to make compulsory payments into the budgets. Special attention is given to the legislative framework of European states and its comparison with Russian legislation. The research methodology is based on the dialectical research method. The author applies the methods of analysis and synthesis, the logical, formal-legal and comparative-legal methods. The scientific novelty of the study consists in the use of the recent legislative framework of Russia and foreign countries for the development of effective measures of prevention failures to make payments into budgets. The analysis criteria are the highly developed countries where taxes and fees are the most important part of social development. The author studies foreign legislation and singles out the peculiarities typical for each of the countries. The author concludes about the necessity to use the legislative and law enforcement experience of these states for the responsibility system improvement. 
History of state and law
Abdulin R.S. - Notes on the margins of the monograph "The agencie of special justice in the USSR in the 1930s-1950s" pp. 116-125

DOI:
10.7256/2409-7136.2017.1.21617

Abstract: The author considers the inaccuracies and mistakes made by the authors of the multi-authored monograph in legal terminology. In the author’s opinion, it is necessary for legal terminology to accurately reflect not only the realia of the studied historical period, but also the legislative and other legal instruments of that period. It is necessary to be scientifically correct, evaluating the scientific works, reports and statements of practitioners. And certainly, subjectivism and prejudgment are absolutely unacceptable in a work, aspiring to be a scientific one. The author applies general scientific and special research methods including analysis and synthesis, abstraction, the system-structural, historical and genetic, comparative-legal, topological and other methods of analysis. The author uses the dialectical method of cognition which is the methodological base of the study. The author concludes that it is impossible to study any sphere, including jurisprudence, without a good command of a special vocabulary. Even the rapid development of science and the appearance of new terms doesn’t excuse change and substitution of the existing system of legal terms, causing problems of their interpretation. 
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