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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 05/2017
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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. 
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