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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 02/2017
Contents of Issue № 02/2017
Maslii A.I. - The ways of registration and confirmation of maintenance requirement inception time for a vessel for the purpose of application of the sub-clause 1, clause 1, article 347 of the Customs Code of the Customs Union pp. 1-13

DOI:
10.7256/2409-7136.2017.2.21828

Abstract: The author considers the current problems of registration and confirmation of maintenance requirement inception time for a vehicle of international transportation which is one of the conditions that should be observed if the shipowner aims at avoiding customs clearance charges and ad valorem taxes as specified in the sub-clause 1, clause 1, article 347 of the Customs Code of the Customs Union. Special attention is paid to the established arbitration court rulings filling the current legal vacuum, caused by the absence of the established list of documents, confirming the maintenance requirement inception time. The author applies the methods of analysis and legal interpretation, formal-legal method and the method of legal prognostication, etc. The author formulates the list of documents (together with the seamanship examples and detailed explanations) which could confirm the maintenance requirement inception time for the vehicle of international transportation and the appropriateness of application of the sub-clause 1, clause 1, article 347 of the Customs Code. 
Maslii A.I. - Topical problems of application of the maintenance requirement inception time condition for a vehicle of international transportation (sub-clause 1, clause 1, article 347 of the Customs Code of the Customs Union) pp. 14-23

DOI:
10.7256/2409-7136.2017.2.22132

Abstract: The article studies one of the problems accompanying the shipowner’s right to avoid customs clearance charges and ad valorem taxes for vessel maintenance carried out beyond the Customs Union’s territory (sub-clause 1, clause 1, article 347 of the Customs Code). The author studies the established judicial legal approaches to the conditions of maintenance requirement inception time for a vehicle of international transportation, and proves their inconsistency with the sense of this condition. The author applies the set of general scientific and specific legal research methods of cognition, which help obtain the necessary results. The scientific novelty consists in the fact that the author is the first who pays attention to the recently established incorrect judicial interpretation and enforcement of the condition, specified in the sub-clause 1, clause 1, article 347 of the Customs Code of the Customs Union, about the maintenance requirement inception time for a vehicle of international transportation, which in fact except the possibility to use the privilege specified in this legal provision. The author formulates the conclusions and suggestions, which, in his opinion, comply with the spirit of this condition and the legislator’s logic. 
Lipinsky D.A. - The administrative punishment concept pp. 24-43

DOI:
10.7256/2409-7136.2017.2.22105

Abstract: The research subject is the administrative punishment concept in its interconnection with the general theoretical concept of “legal punishment”. The “administrative punishment” concept is analyzed from the position of the theory of state and law, rather than from administrative and legal positions. The author notes not only the legal, but also the social character of the “punishment” category. Proceeding from the general to the particular, the author reveals the features of administrative punishment and compares them with the definitions, contained in the Criminal Code of the Russian Federation, and with the repealed Administrative Offences Code of the Russian Federation. The author analyzes the rulings of the Constitutional Court and international statutory instruments. The author applies the historical-legal, formal-legal and comparative-legal research methods. The study is based on the dialectical method and the philosophical laws of transition from quantity to quality, unity and struggle of opposites, and negation of negation. The author formulates the features of administrative punishment, based not on the administrative approach, but on the methodology of the theory of state and law. The author substantiates the general theoretical, rather than the sectoral nature of the concept of “punishment”. The author offers amending the article 3.1 of the Administrative Offences Code of the Russian Federation. In the author’s opinion, it should read as follows: “Administrative punishment is the measure of administrative responsibility imposed by the government for an administrative offence; it serves for the penalty and the prevention of new offences as by the same offender, so by other persons, and for the restoration of social relations and the correction of offenders”. 
Договор и обязательства
Platonova N. - A car parking space as an object of civil rights pp. 44-50

DOI:
10.7256/2409-7136.2017.2.21779

Abstract: The paper studies the legal status of car parking spaces. The research subject is legal regulation of a parking space as a real thing. The research object is social relations emerging in the process of civil and legal regulation of car parking spaces in the Russian Federation. The author considers such aspects of the topic as the characteristics of parking spaces as real estate items. Special attention is given to the study of the peculiarities of state cadastral registration and state registration of property rights to this type of estate property. The research methodology is based on modern general scientific and specific research methods: system-structural, formal-legal, analysis and interpretation. For the interpretation of particular legal constructs and provisions the author applies the methods of formal logic and lexical and grammatical analysis. The novelty of the study is linked with analysis and systematization of legal provisions aimed at the regulation of the turnover of parking spaces. The special contribution of the author is the analysis of the concept of a parking space and its features as a real estate item. The study demonstrates that the amendments to the legislation are not sufficient, since they don’t regulate the problem of the legal status of parking spaces. 
Practical law manual
Yanchurkin O.V., Mamatov V.G. - On investigation of crimes in housing and utility sector pp. 51-59

DOI:
10.7256/2409-7136.2017.2.16637

Abstract: The research subject is the prosecutorial and investigative practice of investigation of crimes in housing and utilities sector, the scientific works in this field and the statistical data. The research object is social relations emerging in the process of investigating crimes in housing and utilities sector. The authors analyze the practice of reported offences consideration and criminal cases investigation in this sphere. Special attention is given to the detection of the breaches of law, committed by law enforcement agencies during pre-trial investigation of criminal cases in this sphere. The paper analyzes the works of Russian scholars on this issue and the official statistics of the General Prosecutor’s Office of the Russian Federation, devoted to this category of criminal cases. The research methodology is based on formal-logical, comparative-legal, logical, structural-functional and normative methods helping consider the issue comprehensively. The scientific novelty of the study consists in the complex consideration of the detected weaknesses of law enforcement agencies’ activities within the investigation of crimes of this category, and in the proposals about these weaknesses elimination.Pre-trial reviews are not sufficient. Requests for the necessary documents are not sent in proper time. Refusals to initiate criminal proceedings are issued ahead of time.Pre-trial investigation of criminal cases is not effective. Reasonable terms of criminal proceedings are breached. Measures to detect the guilty persons and the circumstances that should be proved according to the article 73 of the Criminal Code, are not assumed in due time.Forensic enquiries are not appointed in due time. Usually it happens because of the lack of specialists or equipment, or high price for expertise (it can be up to 300 000 rubles in nongovernmental institutions).The level of interaction between operational and investigative departments and control and supervision agencies in the sphere of prevention, detection, and elimination of breaches, is low.The property of the accused person, which can compensate the property damage, is not detected and sequestered in due time.It seems that the elimination and prevention of such weaknesses can raise the effectiveness of the work of bodies responsible for pre-trial investigation of criminal cases in housing and utility sector. 
Khvostitskii M.V. - Legal regulation of invalid transactions whose goals contradict the fundamentals of morality or law and order: legal mistakes and the ways to solve them pp. 60-67

DOI:
10.7256/2409-7136.2017.2.20276

Abstract: The research object is social relations in the sphere of invalid transactions. Special attention is given to the problems of application of the consequences of the declaration of invalidity of a transaction whose goals contradict the fundamentals of law and order and morality. The paper studies different approaches to the idea of the concept of public order in different countries, including those in the context of correlation between the terms “law and order” and “public order”. The author considers such aspects of the topic as the reasons for the application of the article 169 of the Civil Code of the Russian Federation. The study is based on general scientific and special research methods. General scientific methods include the following groups: 1) methods of empirical research; 2) methods used on both empirical and theoretical levels; 3) methods of theoretical research. Special methods include: 1) methods of collection, classification and verification of factual materials: formal-legal method or statutory acts interpretation; 2) methods of factual material processing: normative and dogmatic analysis, comparative jurisprudence and historical-legal method. The author concludes about the necessity to formalize the list of transactions whose goals contradict the fundamentals of law and order or morality; the author offers a new formulation of the first paragraph of the article 169 of the Civil Code of the Russian Federation. 
Теория и философия права
Derbysheva E.A. - The legal certainty principle as a requirement of certainty of a legal provision pp. 68-80

DOI:
10.7256/2409-7136.2017.2.21970

Abstract: The research subject is one of the aspects of the legal certainty principle – certainty of a legal provision. Since a legal provision is a basic element of the legal regulation mechanism, its certainty predetermines the effectiveness of the mechanism as a whole. In this context, a legal provision is a key aspect of the legal certainty principle, and it’s important to study it. The article reveals the contents of certainty of a legal provision. Based on the practice of the Constitutional Court of the Russian Federation, the author considers the correlation of the categories “principle”, “requirement” and “criterion” in relation to certainty of a legal provision. The author applies the following methods of scientific cognition: analysis and synthesis, formal-logical and hermeneutical. The scientific novelty of the study consists in the detection and systematization of the components of certainty of a legal provision. The author concludes that certainty of a legal provision is at the same time a principle, a requirement, and a legal criterion. A legal provision complies with the legal certainty principle if every subject understands the consequences of his or her actions directly from the text of the legal provision, or in the result of its interpretation by the court or legal assistance. The author defines certainty of a legal provision. 
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