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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 12/2017
Contents of Issue № 12/2017
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Erzin R.M. - On the principle of preserving Russia’s state sovereignty at joining the Eurasian Economic Union pp. 1-11

DOI:
10.25136/2409-7136.2017.12.24941

Abstract: The research object is the problems of preserving state sovereignty in the era of globalization. The problem of understanding the very concept of “state sovereignty” as a constitutional and legal category is still topical. Urgent is the problem of preservation and indivisibility of state sovereignty of a state when it joins an interstate association and delegates state powers to the supranational body of this association. This problem is especially topical for the Russian Federation since the country is a participant of the Eurasian Economic Union. The research methodology is based on the dialectical approach considering phenomena and processes in their dialectical interrelation, contradictions and development. The author uses general scientific methods (analysis, synthesis, induction, deduction, classification, description and comparison) and specific scientific methods (formal-legal, comparative-legal, historical-legal and system-structural). The scientific novelty of the study consists in the detection of essential components of state sovereignty. The author defines the peculiarities of the Eurasian Economic Union as an interstate association, analyzes the problem of obligatory and non-obligatory nature of decisions of the bodies of the Union for its member-states. The author formulates the conclusion that when Russia joins an interstate association, the principle of preserving the state sovereignty comes into action, since joining an interstate association is connected with free-will delegation of state powers by the state to the supranational association in a particular sphere for the purpose of national interests. 
Transformation of legal systems
Lukoianov N.V. - Trust property participation certificate as a corporate uncertified security in the Law of Mexico pp. 12-18

DOI:
10.25136/2409-7136.2017.12.24895

Abstract: The article considers the fundamentals of legal regulation of a trust property participation certificate as a corporate uncertified security in the Law of Mexico. The author describes the trust property institution serving as a basis for such securities emission. Using the provisions of the current Mexican legislation, the author analyzes the legal nature of a trust property participation certificate, studies its details and requirements to trust property participation certificates. The author considers the current classifications of trust property participation certificates based on trust property, priority of payments and the possibility of securities cancellation. The research methodology is based on general scientific and specific research methods: the dialectical method, the method of categorial analysis, logical analysis and formal legal analysis, the historical method and the method of comparative jurisprudence. The study of legal regulation of trust property participation certificates as objects of private law helps ensuring the protection of interests of local investors and using positive practices in the national law. The study will be interesting for lawyers and other specialists in the sphere of securities of foreign states and civil lawyers in the sphere of private law of Latin American countries.
Veshkurtseva Z. - Protection of intangible benefits and personal non-property rights: modern problems and solutions pp. 19-34

DOI:
10.25136/2409-7136.2017.12.24726

Abstract: The research subject is the modern problems of intangible benefits and personal non-property rights protection. With the development of information environment, new forms and types of offences have occurred, which trench on intangible benefits of citizens via the Internet. Such offences have become especially dangerous for people, and Internet-resources can be characterized as the source of increased danger. The author studies the problems of the so-called “commoditization” or “tradability” of some types of intangible benefits and personal non-property rights and the lack of legal grounds for the estimation of such circumstances as significant for the estimation of the compensation for moral injury. The research methodology is based on general scientific and specific methods and generalization of normative materials and judicial practice. The scientific novelty of the study consists in the task to analyze the new forms and types of trenching on intangible benefits and personal non-property rights in information environment and to offers the ways to solve the detected problems. The author elaborates the set of measures. He offers to use the approach to the analysis of intangible benefits and personal non-property rights based on the presence or absence of a specific power (right to consent); to introduce an alternative unified compensation for the infringement of intangible benefits and personal non-property rights (apart from compensation for moral injury); to divide compensation for moral injury into two types: the main and the qualified; to introduce the formalized minimum amount of compensation for moral injury. 
Law and order
Trush V.M., Gomonov N.D. - Criminogenic contamination of a criminal identity: concept, grounds and realization pp. 35-63

DOI:
10.25136/2409-7136.2017.12.24714

Abstract: The authors study the phenomenon of criminogenic contamination of a criminal identity in the context of comparative analysis of psychological peculiarities of law-abiding citizens and criminals. The study is based on the personal theory – humanstructurology by G. Ammon. The objects are law-abiding citizens and the groups of the convicted of crimes against person, property, in the sphere of sexual freedom and sexual integrity, for illegal production, storage, transportation, transmission or marketing of drugs or narcotic substances. The research subject is the structure of humanfactors, its quantitative and qualitative representation depending on the group specificity. The research methodology is based on the laws and categories of materialistic dialectics and the historical approach to the interpretation of social and legal phenomena. The research methodology includes comparative analysis of average statistical indexes describing the condition of the humanstructure of personal features of criminals of the above mentioned groups and law-abiding citizens. The system of estimation indexes, proposed by authors, allows defining the statistically reliable significant differences of these indexes describing the most prominent and the most stable characteristics of humanstructurology of persons in the groups under consideration. The scientific novelty of the study consists in the fact that using the basis of identity – the existentiality of corporeality – the authors define the level of personal criminogenic character (criminogenic contamination) on the basis of calculated indexes characterizing personal features. The authors prove the thesis about the system and sustainable character of manifestations of the existentiality of corporeality in the humanstructurology of personal features of convicts. Consequently, the existentiality of corporeality of a person as a significant philosophical and methodological ground can be used for the study of criminal identity, particularly, the level of its criminogenic contamination. 
History of state and law
Dusaev R.N., Dusaeva M.R., Larichev A.A. - pp. 64-70

DOI:
10.25136/2409-7136.2017.12.25073

Abstract:
Jurisprudence
Lipinsky D.A., Musatkina A.A. - Alternative and non-alternative sanctions as paired legal categories pp. 71-81

DOI:
10.25136/2409-7136.2017.12.23802

Abstract: The object of the study are general and distinctive characteristics, interactions, quantitative and qualitative disparities, mutual transitions, unity and opposites of alternative and non-alternative sanctions, that is, those signs that allow us to assert legal categories as paired. The study opens with analysis, the use of paired categories in legal science and the definition of the algorithm itself for investigating alternative and non-alternative sanctions as paired legal categories. The authors determine the general features characteristic of alternative and non-alternative sanctions, analyze their differences and interactions. Special attention is paid to derivatives from alternative and non-alternative sanctions to paired legal categories. The characteristics of the contradiction and unity of alternative and non-alternative sanctions are revealed. Alternative sanction is also seen as a microsystem containing several types of legal penalties that are interrelated with a higher order system. The methodological basis of the work is a dialectical-materialistic method of cognition of legal reality, along with which general scientific approaches, such as system-structural analysis and synthesis, and the private-scientific method-formal-legal, were also used. As a result of the research, conclusions were drawn about the properties of unity and opposites, mutual transitions and provision, interaction, qualitative and quantitative disparity of alternative and non-alternative sanctions, as well as the existence of interrelationships with higher-level categories. Some legal and technical methods used in constructing alternative and non-alternative sanctions have been identified. Proposed as a generalized concept, combining both incentive and punitive sanctions to use the term "legal measures".
Law and order
Bul'bacheva A.A. - pp. 82-89

DOI:
10.25136/2409-7136.2017.12.24755

Abstract:
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