Legal Studies
Journal Menu
> Issues > Rubrics > About journal > Authors > Requirements for publication > Council of editors > Redaction > List of peer reviewers > Review procedure > Policy of publication. Aims & Scope. > Ethics > Legal information
Journals in science databases
About the Journal

MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 05/2017
This issue is currently being formed. All articles presented on this page have already been included in this issue, are considered published, and will remain unchanged in the final version of the issue along with other metadata of the articles.
Contents of Issue № 05/2017
Questions of current interest
Neganova E.N. - The role of the correct definition of the object of prosecutor’s supervision over the observance of housing rights of orphaned children in guaranteeing effective supervision pp. 1-11

DOI:
10.7256/2409-7136.2017.5.22627

Abstract: The legislative novels introduce the concept of the object of prosecutor’s supervision in such spheres as supervision over law enforcement and observance of human and civil rights and freedoms. The legislative regulation of the object of prosecutor’s supervision determines the research task - to define the essence and the role of the correct formulation of the object of inspection. The correctly defined subject of prosecutor’s investigation and prosecutor’s supervision over the rights of orphaned children determines, firstly, the effectiveness of supervisory activities of the prosecutor, and secondly, the scientific substantiation and validity of the performed supervision in a certain sphere. The correct definition of the object of prosecutor’s investigation and supervision by public prosecution officers determines the achievement of the goal of effective inspection and supervision. The research methodology is based on general scientific methods of dialectical materialism, generalization and analysis, and special scientific method of comparative jurisprudence. The legislatively introduced principle of effective organization of “general” supervision, applied also to the sphere of observance of housing rights of orphaned children, should be taken into account on all stages of supervision, including supervision in the mentioned sphere, and during scientific studies. “General” supervision effectiveness criteria and indexes can be supplemented with such a component as a correctly defined and formulated object of prosecutor’s inspection and supervision. 
Tribushkova K.M. - The origins and the development of the real burden institution in Russian civil law pp. 12-19

DOI:
10.7256/2409-7136.2017.5.22623

Abstract: The article considers the development of one of the most controversial proprietary institutions – the real burden right. The author analyzes the formation of this concept in Russian law and considers particular provisions of the Patrimony charter and the Civil Code of the Russian Empire, containing information about this institution. The author pays special attention to the fact that real burden right doesn’t originate from Roman law, it is a result of German civil theory of the 19th – the 20th centuries. The author applies the historical method, the method of system and complex analysis, and the method of comparative jurisprudence. The author reveals and systematizes particular stages of development of real burden right in Russian law. The author formulates the periodization of development of this concept, consisting of five stages, and each of them is characterized by unique peculiarities. 
Practical law manual
Evteev K.I. - Topical aspects of ascertainment of guilt of persons, responsible for controlling debtors pp. 20-30

DOI:
10.7256/2409-7136.2017.5.22673

Abstract: The research subject is the provisions of the Federal Law of 26.10.2002 No 127 “On bankruptcy” with regard to legislative consolidation of reasons for the imposition of subsidiary responsibility on persons, controlling debtors. The research object is social relations, arising in the process of imposition of subsidiary responsibility on persons, controlling a debtor, with regard to ascertainment of their guilt for his/her inability to fulfill commitments. The purpose of the research is to reveal the problems of ascertainment of guilt of persons, controlling debtors, at bankruptcy. The author considers such topical aspects of this problem as the criteria of negligence and irrationality, the methods of assessment of rationality and fidelity of persons, controlling a debtor, and the moment of appearance of an obligation to take into account creditors’ interests. Special attention is given to the prospects of transformation of Russian legislation with account for the existing foreign experience in this sphere of social relations. The author applies general scientific and specific methods of cognition of phenomena and processes, including dialectical method, formal-logical, and comparative-legal methods. The scientific novelty consists in the comparative-legal analysis of the problem aspects of ascertainment of guilt of persons, controlling a debtor, at bankruptcy. The author concludes about the necessity to raise the question about practicability of legislative specification of the criteria of irrationality and negligence of the behavior of persons, controlling a debtor, for the purpose of reduction of the sphere of application of value judgements. The results of the study can be applied in law-making and judicial practice. 
Questions of current interest
Damm I.A., Ron'zhina O.V., Tolstikova I.N., Popov A.V., Tabakova I.N., Petrovykh N.N., Akunchenko E.A., Sukhareva K.S., Shchedrin N.V. - Topical issues of changing the procedure of incomes, expenditures, assets, and liabilities disclosure by persons serving as municipal officials pp. 31-51

DOI:
10.7256/2409-7136.2017.5.22713

Abstract: The research subject includes Russian statutory instruments, regulating disclosure of incomes, expenditures, assets, and liabilities by persons, serving as municipal officials, their spouses, and underage children. The authors study the legislative novels, introduced by the Federal Law of 03.04.2017 No 64 “On amending particular statutory instruments of the Russian Federation for the purpose of improvement of state anti-corruption policy”. Special attention is given to the content of new procedures of disclosure of incomes and expenditures, open access to such information, reasons for inspection, and the lack of a formalized procedure of initiation of a legal action by the highest official of the territorial unit of the Russian Federation in case the fact of providing unreliable or incomplete information on incomes and expenditures has been detected.The authors apply general scientific method of dialectical cognition, and the set of specific methods: historical-legal, system-structural, comparative-legal, formal-logical methods, deduction, induction, definition and division of a notion. The authors detect the problem of legal uncertainty of disclosure of information on incomes, expenditures, assets and liabilities by persons, serving as municipal officials, according to the new procedure, adopted in 2017, due to the lack of procedures in territorial units of the Russian Federation. The article considers the key advantages and disadvantages of different ways of providing information on incomes and expenditures, the problems of its further publication and storage, and the issues of legal regulation of the reasons for initiation of inspection by the highest official of the territorial unit of the Russian Federation. The authors formulate the proposals about the formation of regional legislation, regulating the procedure of disclosure of information about incomes, expenditures, assets, and liabilities by persons, serving as municipal officials, according to the new procedure, and about the improvement of the current federal legislation. 
International law
Romanov R.V. - Proof standards at the pre-trial phase in international criminal courts and tribunals pp. 52-62

DOI:
10.7256/2409-7136.2017.5.22630

Abstract: The paper analyzes the standards of proof applied at the pre-trial phase of proceedings in international criminal courts and tribunals. The author raises the problem of differences in the procedures of various international institutions of criminal justice at the pre-trial phase of the proceedings; reviews the set of standards of “prima facie proof” and “reasonable grounds to believe”; considers the requirements for issuing the arrest warrant and preliminary confirmation of a letter of accusation. The proof standards analysis is based on the practice of international criminal courts and tribunals. The research methodology is based on general scientific methods of cognition: structural-logical, formal-logical, dialectical, deductive, inductive, system analysis, and specific methods: historical-legal, logical-legal, comparative-legal, formal-legal, and the system-structural approach.The key research methods are analysis and comparative analysis: the author analyzes judicial practice of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Court. The author approves the thesis that further development of regulation of proof standards, applied at the pre-trial phase, will help develop an effective mechanism of protection of rights of the accused and raise requirements to prosecutor’s investigation. The author formulates the essence of proof standards, applied at the present time in different institutions of international criminal justice, and suggests regulating the time limit for detention prior to confirmation of accusation at the pre-trial phase of the procedure. The formulated essence of proof standards can be used in discussions about the possible adaptation of proof standards to the realities of Russian procedural law and for preparation and submission of procedural documents in international institutions of criminal justice. 
Questions of current interest
Churilov A.Yu. - Analysis of the models of a third party’s impact on the dynamics of a civil debt according to Russian legislation pp. 63-70

DOI:
10.7256/2409-7136.2017.5.22906

Abstract: The paper considers the main models of a third party’s impact on the dynamics of a civil debt and classifies them. The classification is based on a combined criterion including two elements: the first element consists in the third party of the debt; the second element reflects the peculiarities of the interests of the participants to the debt relationship, which is implemented with the involvement of the third party to the dynamics of the civil debt. The author detects two basic models of the third party’s impact on the dynamics of the civil debt: I model – the participation of the third party in performing the obligation on the side of the debtor; II model – the participation of the third party on the side of the lender. The research methodology is based on general scientific (descriptive, logical, system-structural, historical, linguistic methods, analysis and synthesis) and specific methods of jurisprudence (historical-legal, formal-legal, comparative-legal and technical-legal methods). The author concludes that the involvement of a third party usually leads to the transformation of some attribute of the proper performance of the obligation, for example, a place, a person, a subject or a time period. Thus, a contract, based on the model with the benefit of a third party, contains the transformation of such attributes of the proper performance as a proper person and a proper place. The peculiarities of involvement of a third person in the dynamics of an obligation depend on the character of the obligation: the third person can participate in the dynamics of both contractual and non-contractual obligations, including improper profit, delict and maintenance obligation. It’s important to understand that the involvement of the third party on the side of a debtor or a lender doesn’t form active or passive plurality of persons in an obligation. 
Договор и обязательства
Andryushchenko A.V. - Organizational agreement as a general contractual construction pp. 71-84

DOI:
10.7256/2409-7136.2017.5.22926

Abstract: The research object is the category of organizational agreements in Russian civil law. The research subject includes certain problems of the theory of organizational agreements. Special attention is paid to the problem of defining the legal nature of organizational agreements and the feature distinguishing them from other civil contracts. The author reveals particular shortcomings of one of the classifications of civil agreements, developed by civil law, which is represented by organizational and property agreements. The author considers such aspects of the issue as the possibility to apply general obligatory provisions to organizational contractual relations with particular emphasis on the possibility to use various ways of protection of contractual rights. The research methodology is based on general scientific methods (dialectical, system, inductive, deductive) and specific methods of jurisprudence (functional, system, formal-logical). The author concludes that an organizational agreement is not a contractual type of agreement; it should be considered as a general contractual construction based on one feature, distinguishing organizational agreements from other civil agreements. The criterion for distinction is the presence of organizational legal relationship as a qualifying relationship (i.e. responsible for the qualification of the agreement). The author substantiates the necessity to formalize the general contractual construction of an organizational agreement and to formulate the common rule of protection of organizational rights, which can be applied to any agreement based on the organizational agreement model. 
Other our sites:
Official Website of NOTA BENE / Aurora Group s.r.o.
"History Illustrated" Website