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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 07/2017
Contents of Issue № 07/2017
JUDICIAL POWER
Nokhrin D. - Judicial independence in Russia: doctrinal approaches and the role of the Constitutional Court of the Russian Federation in its strengthening pp. 1-29

DOI:
10.25136/2409-7136.2017.7.19633

Abstract: The author attempts to comprehensively analyze such legal category as judiciary independence and outline its main aspects and limits with regard to various levels of the judiciary. Judicial independence is described as a complex multi-aspect phenomenon, determined by the complexity of the very phenomenon of the judiciary. The author studies the independence feature in relation to each level of organization (realization) of the judiciary, detects the aspects of independence, describes the constitutional guarantees of its realization. Special attention is given to the legal positions of the Constitutional Court. The research is based on the methodology of the system approach. The author relies on the understanding of the judiciary as a complex multilayer socio-political system (subsystem of the state). The author also uses formal-logical research methods. The paper contains the author’s attempt to comprehensively analyze the constitutional-legal grounds of judicial independence and the role of the decisions of the Constitutional Court in the formation of the guarantees of judicial independence. The author concludes about the growing importance of judicial review of constitutionality determining the development of Russian judicial system in the direction of more transparent, independent and fair judicial procedure enjoying the confidence of most citizens. 
Финансовое и налоговое право
Nabiullina J.R. - Securities market depository in Russia and the USA: prerequisites of formation and problems of legal qualification pp. 30-46

DOI:
10.25136/2409-7136.2017.7.23280

Abstract: The paper describes the prerequisites of formation and establishment of the system of indirect holding of securities. The article reflects the impact of dematerialization and immobilization processes on the formation of the modern recording system. The author defines the key qualifying functions of the recording system and describes the varieties of recording systems. Particular attention is given to the formation of the modern recording system in the Russian Federation and the comparative analysis of this process with similar processes in foreign countries. The author also gives attention to the origins of legal problems connected with cross-border transfer of securities. With regard to the research subject, goals and tasks, the author uses the comparative-legal method of research. The author also applies law of conflicts and the material-legal methods. In the author’s opinion, the acquired information will provide insight into the purpose of depository system and its functions and will help find out the prerequisites of formation and possible variants of development of collision problems connected with cross-border transfer and recording of securities in indirect holding and will help assess similar processes in the Russian Federation. 
Трудовое право
Safin R.R. - Direct and indirect interaction between civil and labor law pp. 47-54

DOI:
10.25136/2409-7136.2017.7.19731

Abstract: The research object is the aspects of interaction between two branches of law – civil and labor. The author considers the provisions of the current Russian legislation, law-enforcement practice, the opinions, ideas and visions of the problem of agreement-based regulation in the sphere of labor. Scholars have raised the problem of interaction in their works, but a proper answer about inter-branch connections of civil law with other branches of law hasn’t been found yet. However, there’s a necessity to guarantee the balance of civil and labor regulation of agreement-based social relations connected with labor activity. The present article gives the author’s understanding of interaction between civil law and labor law, analyzes agreement-based regulation and inter-branch connections. The combination of elements of different branches is a representative sphere of scientific analysis of inter-branch connections of civil law. Therefore, the civilized approach to the study of inter-branch connections between civil and labor law in agreement-based regulation of relations in labor activities and services delivering seems to be reasonable. It is also important to detect and describe these connections. This work will help not only to verify the feasibility and effectiveness of the construction of a labor agreement in the context of new economic conditions, detect the correlation between a labor agreement with related civil agreements, but also analyze the need for and the expediency of civil regulation of relations in this sphere. It will also help to harmonize civil and labor means of regulation of these social relations (implement so-called “collision law regulation). 
Epifanova E.V., Pavlisova T.E. - Legal regulation of labor in Russia: history and modern tendencies of development pp. 55-71

DOI:
10.25136/2409-7136.2017.7.23480

Abstract: The research subject is the process of formation of labor law as an independent branch in the result of complication of social relations caused by economic development (development of industry and necessity to regulate the status of workers employed in industrial sector). The authors study the main stages of development of labor legislation, the evolution of methods of legal impact determined by economic and political factors, the basic principles underlying legal regulation of labor relations at the modern stage of development of state and society, the tendencies and prospects of the sector in the context of globalization of the world economy. The research methodology is based on the axiological approach, the comparative-legal and historical-legal methods, the principles of scientific character, objectivity, analysis of events if their correlation and historical interdependence. The analysis of history of legal regulation of labor relations in Russia allows concluding that Soviet law, which had formed on the basis of socialist principles of commonality and obligatoriness of labor, had significant impact in foreign legislation. At the present stage, Russian law, influenced by liberal values, has declared the principle of the freedom of labor. We observe an opposite tendency – a unifying impact of international legal regulation of labor, international migration, universalization of mechanisms of recognition and protection of labor rights and freedoms, implementation of international conventions by the national law. 
Экологическое и земельное право
Danilova N.V., Karimova S.A. - On the concept of environmental damage pp. 72-77

DOI:
10.25136/2409-7136.2017.7.20242

Abstract: The research subject is the definition and the essence of environmental damage. The authors note significant contradictions of judicial law enforcement practice in interpreting the essence of this type of damage and the methods of proving it. The analysis of court decisions on this category of cases shows that courts give ambiguous estimation of facts of environmental standards exceedance, and by no means always accept them as evidences of environmental damage. In the authors’ opinion, the reason of such state of things roots in the contradictions of the fundamental Federal Law “On environmental protection”. The authors use both general scientific and specific research methods: dialectical, formal-logical, formal-legal. The authors conclude that to eliminate such two-fold interpretation of this problem, it is necessary to specify the legal definition of “environmental damage”, by linking it to environmental standards. Such consequences as degradation of eco-systems and natural resources depletion should be, on the contrary, excluded from the definition, since they don’t meet the requirements of legal certainty of the norm and can’t be verified. Based on this fact, the authors propose their own formulation of the definition of environmental damage. 
Jurisprudence
Butba S.R. - “Mobilization reserve of the Republic of Abkhazia” and “armed forces reserve” of the Republic of Abkhazia”: problems of differentiation pp. 78-89

DOI:
10.25136/2409-7136.2017.7.23442

Abstract: The article considers one of the problems of legal regulation and law enforcement in the sphere of military service in the Republic of Abkhazia. The author states that at the present time, the legislation in the sphere of military service and military duty is being formed in the Republic, including the new institution of “mobilization reserve of the Republic of Abkhazia”. The author proves that this institution is in many aspects contradictory and has many gaps, which cause different problems of theoretical and practical nature. The author emphasizes one of such problems – the question of correlation between the notions of “mobilization reserve of the Republic of Abkhazia” and “armed forces reserve of the Republic of Abkhazia”. The research subject is the set of statutory acts of the Republic of Abkhazia, which regulate the procedure of military service and discharge of military duty, including the provisions connected with discharge of military duty in mobilization reserve and armed forces reserve. The author uses such general logical methods and approaches as analysis, synthesis, analogy, the system method and the structural method. The scientific novelty consists in the fact that the author is the first to analyze the legislation of the Republic of Abkhazia with the purpose to compare the notions of “mobilization reserve” and “armed forces reserve” of the Republic of Abkhazia. The author describes the reasons of their differentiation: the list of persons forming mobilization reserve and armed forces reserve; the procedure of inclusion into mobilization reserve and armed forces reserve; types of mobilization reserve and armed forces reserve, legal status of reservists and persons subject to military service, the procedure of promotion of reservists and persons subject to military service; the procedure of exclusion from mobilization reserve and armed forces reserve. 
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