Law and Politics - rubric Stabilization systems: government control
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MAIN PAGE > Journal "Law and Politics" > Rubric "Stabilization systems: government control"
Stabilization systems: government control
Danilenko D.V. -
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Shcherbak E.N. -
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Shcherbak A.E. -
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Brenner, V.V. - Legal mechanism of regulation of the activities of insurance mediator pp. 0-0
Abstract: The article is devoted to a topical issue of insurance law, that is, to the legal mechanism of regulation of the activities of insurance mediators. The author provides defi nitions of legal regulation and mechanism of legal regulation, provides author’s view on it, as well as the views of modern legislators on it, as compared with the Russian legal practice, then the author draws conclusions.
Keywords: jurisprudence, insurance, mediators, mechanism, regulation, relations, approach, norm, agent
Mikheeva, S.V. - Some problems of implementation of the special status of the convict. pp. 0-0
Abstract: This article establishes an individual special legal status of a convict, then the author provides the defi nition of legal limitations of possible freedoms of a person in his rights, analyzes the various levels of limitations, depending on spheres of law.
Keywords: jurisprudence, convict, limitations, limitation, criminal, status, special, freedom, responsibility, personality.
Tsyretorov, A.I. - Some problems related to legal regulation of control functions of the plenipotentiary representatives of the President of the Russian Federation at the federal districts. pp. 0-0
Abstract: The Plenipotentiary Representatives of the President of the Russian Federation in federal districts have broad range of powers, including state control, and they form one of the most contradictory elements of the “vertical of power”. The article includes an attempt to analyze some elements of legal status of such representatives, regarding their control functions, offers solution to some normative imperfections, including those in the sphere of structuring the elements of legal status.
Keywords: jurisprudence, the President of the Russian Federation, the Plenipotentiary Representative, control, function, federal district, legal status, competence, element
Kaltyga, O.V. - Expert policy of the Russian state at the modern stage. pp. 0-0
Abstract: This article is devoted to analysis of current legislation. The author analyzes the Federal Law “On Social Chamber of the Russian Federation”. The author shows the meaning of such terms, such as legal expertise of legal drafts, as well as bodies empowered to hold such expertise. The author then singles out key problems of expertise of legal drafts, and how to avoid these problems.
Keywords: jurisprudence, expertise, legislative draft, politics, law, corruption, legislation, project, opinion, state
Gashina, N.N. - Monitoring of constitutional legislation and its role in guarantees of legal territory of the Russian Federation. pp. 0-0
Abstract: The article is devoted to the necessity of formation of an organized system of monitoring, both at the federal and at the regional level, which facilitates the efficiency of implementation of constitutional legislation, which gets more and more complicated. The author studies issues of theory, methodology, and practice of monitoring activity, which allows to establish its place and role in the mechanism of legal regulation.
Keywords: jurisprudence, monitoring, legislation, expertise, project, legal, technique, systematization, normative
Korotkova, O.A. - Expertise of legislation: functional aspect pp. 0-0
Abstract: The functional purpose of the expert activities is to improve the quality of law-making and legal practice. That is why one needs to evaluate the laws and legislative drafts in order to see whether they are indeed adequate and may be duly executed. As the author points out, there’s need for not only analysis and efficiency prediction of legislation and practice, but also for the analysis of results of their influence on social relations
Keywords: jurisprudence, expertise, functions, legislation, study, quality, application of law, activity, process, law-makingq
Tlupova, A.V. - Principles and means of holding legal monitoring of legislation pp. 0-0
Abstract: Legal monitoring of legislation is key to bringing the legislative system within the state into the optimal position. There’s an acute need for methodological basis for this institution, since it’s both badly developed theoretically and not duly realized in practice. There’s need to provide legal monitoring of legislation, including such structural elements as principles, methods, ways and means of monitoring. The author evaluates all of these elements, provides a definition. Keywords: jurisprudence, law, monitoring, legislation, law-making, methodology, methods, principles, application of law, system
Zakharov, E.V. - Control and review within the system of state government pp. 0-0
Abstract: This article is devoted to the issue of contents of legal categories, such as “state control”, “state reviews” their nature and correlation. The article includes analysis of the existing legislation, scientific legal doctrine, as well as the positions of renowned legal scholars on this issue. As a result of this analysis, the author offers a new concept for distinguishing of such categories, taking into account the latest tendencies of the administrative reform, and such a concept should allow for optimization of system of state regulation of economic relations. Keywords: jurisprudence, control, review, state, law, administrative, reform, government, law, administrative, reform, government, regulation, executive
Starova, E.V. - Legal regime of enterprise lands and the legal regime of production zone within the lands of inhabited locality. pp. 0-0
Abstract: The article analyzes similarities and differences between the legal regimes of production zones within the inhabited localities and enterprise lands. They are somewhat similar due to specific features of enterprise objects and rules for use of land. At the same time, the production zones are influenced by general rules of use of lands of inhabited localities, which accounts for the differences in question, as well as to approaches and goals of the legal regimes, limitations of the size of land plots. Keywords: jurisprudence, land, zoning, production, border, entrepreneur, regime, category, size
Fokina, N.I. - Legal regulation of public contract for the purchase of grain for state and municipal (public) needs. pp. 0-0
Abstract: This article evaluates the historical aspect of development of state contracts on purchase of grain for public needs. The author analyzes the normative legal acts, which regulate conclusion of such contracts, as well as the opinions of leading specialists. Based on the analysis of practice, the author provides ideas for amendments, which could improve the efficiency of turnover of grain. Keywords: jurisprudence, law and politics, state, contracts, contract, purchase, sale, grain, contraction, contracts for delivery of agricultural products, agricultural production companies
Kulichenko, N.A. - Problems of integration in the legal migration policy of the Russian Federation and in Germany. pp. 0-0
Abstract: This article introduces the reader into the problems of migrant integration into the accepting society, both in Russia and in Germany. The author compares normative legal acts of these countries, in order to evaluate the possibilities for the adaptation of the foreign experience, see the ways and perspectives of development of migration policy in Russia in the sphere of migrant integration. Keywords: jurisprudence, migration, immigration, integration, Germany, adaptation, emigrees, compatriots, demography, society
Sidorov, S.A. - State measures in order to ensure social and demographic security of the Dalnevostochny Federal District. pp. 0-0
Abstract: The article is devoted to the political analysis of the demographic stuation, and the related difficulties. The problems to be evaluated include the flux of working people, the lack of jobs, growth of the number of unemployed people, high costs and tariffs for the communal fees. All of these have negative influence on salaries, wages, pensions, social programs, commercial turnover with the foreign states, and in the end to the security of the Russian Federation. Keywords: security, demography, salaries and wages, income, pensions, security of the Russian Federation
Andreev, M.V. - The Russian concept of national security: the problems and ways for modernization. pp. 0-0
Abstract: Russia has a special status in the issues of international security, which is due to both its history and its geopolitical situation. However, in spite of the peaceful foreign policy of Russia, there are less and less true partners of the Russian Federation among the states of international community. Russia needs to form its concept of national security based on balanced scientific research and be pragmatic in its approach to it. This article by M.V. Andreev is devoted to the topical problems and perspectives in this sphere.
Shishov, A.L. - Modern state of the system of inner security of the USA. pp. 0-0
Abstract: In March of 2007 the Department of Homeland Security of the USA celebrated its fifth anniversary. Its formation and development was one of the largest reforms of the national security system of the USA ever since the Cold War. The process of reform is ongoing and it changes both the legislation and the inner structure of the state executive bodies of the USA, which are currently involved in fighting inner and outer threats to the homeland security, considering the challenges of global terrorism…
Erina, E.N. - New tendencies in development of legislative regulation of electric power industry pp. 0-0
Abstract: As the author of this article points out, some current changes into the Russian legislation are due to the final stage of the reform of the electric power industry in the Russian Federation, including the liquidation of the RAO “EES” in 2008 and the need for new legislation, providing for the development of various markets of electric light and power. The changes in the legislation touch upon both the regulated and the competing sectors of the subjects of the light and power industry.
Paulov, P.A. - On specific features of the Russian legal system pp. 0-0
Abstract: This article includes the analysis of the Russian legal system within the framework of the Roman – German legal family. As the author points out, there is a number of peculiarities, which single out Russian legal system among other Roman – German legal family states…
Korolev, A.I. - General definition and order of divulging information pp. 0-0
Abstract: Divulging information by the issuers of the emission securities, including joint-stock companies, is one of the elements of the corporate management, which is aimed to improve corporate management, fight bad-faith use of insider information, making legal entities more attractive for investments, provide more efficient control over the activities of the legal entities by the state bodies. As a legal institution the divulging of the information has its own legal basis and uses its own terminology. This article is devoted to specific features of its legal regulation.
Avdeenkova, M.P. - Specific features of systematization of the legal norms on legal responsibility pp. 0-0
Abstract: Systematization of law is necessary for any legal system. Currently the Russian legal system is going through an important stage of its development and some branches of law are changing very rapidly and profoundly in order to deal with inner collisions in these branches of law, while in other branches of law new legal acts are passed to replace the old ones.
Ryabtchikov, R.V. - On the issue of place and role of the Central Election Commission of the Russian Federation in the modern election process pp. 0-0
Abstract: The changing political situation in Russia predefines the modern state of the election sphere in the Russian Federation, including changes in the status and powers of the CEC of the RF.
Zhiryakov, I.G. - On the issue of the restoration of the state sovereignty of Austria after the 2nd World War: political and legal solution of the problem of withdrawal of the occupation forces of the Union states from its territory. pp. 0-0
Abstract: The jubilee celebrations in Austria two years ago, dedicated to the 60th anniversary of the end of World War II and the 50th anniversary of the signing of the State Treaty, documentary publications in this regard have once again made the issues related to the occupation of Austria, and, above all, the Soviet occupation, debatable. These new and previous publications today give grounds to address the political and legal problems of the withdrawal of the occupying forces of the Allied Powers from the territory of Austria after the Second World War.
Tsarkov, I.I. - Natural legal doctrine and theory of public contract – unity of two concepts. pp. 0-0
Abstract: Differentiation between the natural legal doctrine and the theory of public contract has always been a part of Russian scientific tradition. The basis for differentiation has always been seen in the very subjects of these theories. It was considered that while the natural legal doctrine is centered upon inalienable birthrights of any individual, the theory of public contract deals with conditions and process of formation of state. However,the author of this article considers that these two concepts are closely interrelated and their relation forms the very basis for a single concept. In this article I.I. Tsarkov provides reasoning for his position, reviews a number of misunderstandings and illusions related to both the natural legal doctrine and the theory of public contract.
Zhernovoy, M.V., Khitrenko, Y.N. - Topical issues of offence prevention. pp. 0-0
Abstract: One of the key directions of prevention of offences is improvement of legislation of constituent subjects of the Russian Federation, which is addressed directly at the people living in a particular region. It’s practical to prevent some offences by combining administrative and criminal legal measures. Any offence leaves material and ideal signs, their studies, using technical – criminal science means allow to establish, whether there had been an offence, or a crime. Application of criminal science is a key aspect to prevention of crimes.
Farkhutdinov, I.Z. - Conditions for access of foreign investor to the Russian market and the stages of his activity. pp. 0-0
Abstract: As the author of this article points out, the obligations of the host state, which allows foreign investors on its territory, include formation of favorable conditions for the foreign investors. In spite of common law norms on that matter, the international law still lacks convention regulation on requirements to the host state. What is the situation in Russia like?
Zolotukhina, T.A. - Russian lobbying: modern state and perspectives of development. pp. 0-0
Abstract: As the author of this article points out, it is quite reasonable that various groups and classes in the state wish to influence the state bodies, so that they would make particular favorable decisions. One of the forms of this phenomenon is lobbying. This article is devoted to analysis of lobbying in Russia.
Eremina, N.V. - Independence of the Prosecutor’s Offi ce within the system of separation of powers. pp. 0-0
Abstract: As the author of this article points out, the three existing branches of power in Russia should be complemented by the system of checks and balances, such as the Prosecution. The place of Prosecution among the three branches of state power is topical and it's the subject of much discussion.
Lyskova, E.I. - Effi ciency of the public power and addresses of citizens: correlation and mutual prerequisites within the framework of formation and development of the civil society. pp. 0-0
Abstract: Written and non-written addresses of people to the government and municipal bodies form an important factor in evaluation of trust of people in such bodies and efficiency of their activities. That is why the political rights of address of citizens as a constitutional legal institution deserves more attention.
Brinchuk, M.M. - Ecological and legal bases for state economical policy. pp. 0-0
Abstract: The Russian state and society are interested in ensuring economical development as well as ecological well-being, that is, positive environmental situation. This article by M.M.Brinchuk is devoted to a number of socially important issues of ecological and legal determination of the state policy.
Zherebtsov, A.N. - Content and stages of the process of legal regulation of social relations within the mechanism of state management of migration processes. pp. 0-0
Abstract: As the author of the article points out, the need of state interference into the migration processes should be regarded with due attention to its legal basis. Legal regulation should also reestablish the lost balance in the sphere of territorial transfer of the people. This article includes analysis of topical problems and stages of legal regulation of migration.
Laskovaya, I.A. - Ecological problems in the sphere of electric energy and influence on energetic security of the Russian Federation. pp. 0-0
Abstract: Among many factors, which predefine economical and ecological security of the Russian Federation, the sphere of fuel and energy is key, since it ensures functioning of both production and social spheres, normal life of people, budget income and foreign currency income, integration of the regions. This article is devoted to these spheres …
Korchagin, A.G., Sonin, V.V. - Problems of corporations (legal persons) in private and public law pp. 0-0
Abstract: The article is devoted to theoretical aspects of definition and contents of corporation in private and public law, legal regime of their property, as well as the possibility for establishing criminal responsibility of legal persons. Keywords: jurisprudence, corporation, organization, legal relations, private, public, property, fault, responsibility, cessation
Mishunina, A.A. - System approach of state regulation of migration processes in the Russian Federation pp. 0-0
Abstract: In this article based on analysis of definition, nature and contents of migration law and basic elements of regime of stay (residence) of foreign citizens and apatrides in the Russian Federation the author comes to a conclusion that there’s need to adopt a Federal Law “On State Migration Policy of the Russian Federation”
Keywords: migration law, migration regime, foreign citizen, migration process, state regulation
Zubenko, Y.S. - Legal problems of protection of archaeological finds in the Russian Federation: history and modern situation pp. 0-0
Abstract: The article is devoted to analysis of legislative acts and scientific articles in the sphere of protection of archaeological finds, the author analyzes the existing legislation on this issue, takes into account the historical aspect of state protection of archaeological finds in the Russian Federation, as well as participation in the international politics on the issue.
Keywords: jurisprudence, problems, finds, treasure, property, protection, history, values, heritage, state
Khlonova, N.V., Zyryanova, I.A. - Security measures within the system of fighting corruption pp. 0-0
Abstract: The article evaluates the anti-corruption security measures as a direction in fighting corruption. The author defines anti-corruption security measures, bases for their application, classifications. The author also analyzes the use of anti-corruption security measures in the Russian legislation and perspectives of their development.
Keywords: jurisprudence, corruption, state, service, election, bribe, security, anti-corruption, fighting, official
Parfenov A. - Present state of the system of Russian language testing, knowledge of history and the basics of Russian legislation pp. 19-47

DOI:
10.7256/2454-0706.2017.7.23398

Abstract: This article is dedicated to the system of Russian language testing, knowledge of history and basics of legislation of the Russian Federation. The subject of this research is the realization by the government bodies, organizations, and other involved actors of positions of paragraph 8 of the Article 15.1 of the Federal Law No. 115-FZ of July 25, 2002 “On the Legal Status of Foreign Citizens in the Russian Federation”. The goal of this work consists in describing the current practice of implementation of the indicated norm in 85 constituents of the Russian Federation for further formulation of recommendations regarding its improvement. The article provides the research results of one of the components of the system of linguistic-didactic testing – the regional system of Russian language testing, knowledge of history and basics of legislation of the Russian Federation. During the course of this research, the author had analyzed over 120 normative acts, surveyed 509 respondents, 412 of whom are employers of the organizations responsible for carrying out the test, and 97 persons – officers of the regional branches of the Ministry of Internal Affairs.  
Keywords: regional authorities, foreign citizens, testing, exam, history of Russia, legislation, Russian as a foreign language, work permission, cultural integration, migration
Churkina, L.M. - Control as the condition for an effective implementation of the decisions of the European Court of Human Rights. pp. 30-35
Abstract: Monitoring the implementation of the rulings of the European Court of Human Rights is an indispensable condition for Russia to fulfill its international obligations, in particular, under the European Convention for the Protection of Human Rights. In addition, it should be noted that from the point of view of national law, international norms are binding not only for the State as a whole, but also for specific bodies of States defined by the norms of national law. The main role of monitoring the implementation of international human rights treaties at the national level lies with the legislative, executive and judicial authorities, whose main task is to establish compliance between the obligations assumed and their practical implementation.
Chulovsky, K.Y. - On perspectives of existence of highly subsidized municipalities. pp. 32-36
Abstract: The scholars inform us that most of the local budgets are dependent on external funding, and their own income is a mere 16 to 20 per cent of what they need, the income from the local taxes being 2 to 3 per cent. This problem is especially acute, if one takes a look at the lower level municipal formations – the rural municipalities…
Aganina R.N., Andronova T.A. - Modernization of the institution of government control of entrepreneurial activity pp. 36-47

DOI:
10.7256/2454-0706.2020.2.32234

Abstract: This article presents modern vectors of reforming the institution of government control of entrepreneurial activity. The work touches on the questions of implementation of the mechanism of “regulatory guillotine”. Analysis is conducted on separate aspects of the legislative bill No.850621-7 “On Government Control (Supervision and Municipal Control in the Russian Federation”. The work illustrates with examples from case law the problematic of requirements set for the subjects of entrepreneurial activity. It reflects the dynamics of legislative initiative in the area of improvements to the institution of government control of entrepreneurial activity. The authors signify the positions of scientific and entrepreneurial communities on this topic. The article employs general scientific methods, analysis, and logical methods of cognition, as well as private scientific research methods (formal-legal, comparative-legal). The key conclusions of this research consist in clarification of the main principles of government control, need for information and digital support of entrepreneurs within the framework of government control; specification of preventative measures in carrying out government control; criticism of implementation of insurance mechanisms as an alternative to supervisory measures.
Keywords: preventative measures, digitalization, reform, checks, entrepreneurial activity, regulatory guillotine, government regulation, state control, risk oriented approach, the principles
A. B. Babaev - Property rights of unitary enterprises and institutions. pp. 36-42
Abstract:
Gubareva, T.G. - Status of the foreign currency regulation and control bodies in the light of the current administrative reform. pp. 37-41
Abstract: Even after the foreign currency limitations were taken away, the problem of “separation of powers” among the bodies, implementing foreign currency regulation and control did not vanish. In order to understand how the existing situation reflects the constitutional provisions on the separation of powers, one has to study the role of each of such institutions, which is the subject of this article.
Kharlamov, A.S. - Role of the civil law in regulation of relations on managing the property of the public owner. pp. 37-45
Abstract: Due to both the historical tradition and the peculiar features of social and economic development of our state, managing economical processes, especially those related to public property within the civil turnover, has always been the top priority issue. This article by A.S. Kharlamov is devoted to the issues related to concession contracts…
Kurakin, A.V. - Theoretical and practical problems of realization of administrative and legal means of prevention and fighting corruption within the system of state service in militia of the Russian Federation. pp. 38-43
Abstract: As the author of this article points out, it is now clear that there are no adequate administrative means to fight corruption within the state service system in the Russian Federation. For this very reason, it is quite important to learn more about corruption and its scientific studies, to develop well-based means to fight corruption within the system of the state service of the Russian Federation.
S. V. Korolev - Federation of " Four Models"; Public-Legal and Financial Aspects. pp. 42-51
Abstract:
Tsuran, A.A. - Problems of classification of means of administrative and legal coersion. pp. 44-49
Abstract: Administrative legal coersion includes a variety of coersive measures. These measures can be separated in various groups, depending on their particular goals. Their classification holds both theoretical and practical value…
Ostrovskaya A.S. - Registration as an element of internal migration policy of the Russian Federation pp. 47-55

DOI:
10.7256/2454-0706.2019.5.29511

Abstract: The subject of this research is the resident registration in the Russian Federation as the institution of constitutional and administrative law, as well as important elements in the sphere of the Russian migration policy. The object of this research is the social relations established in the area of citizen’s right to freedom of movement and residence, as well as state control of migration. The article meticulously analyzes the reasons why the system of registration does not fully meet the requirements of integrity and validity of the contained data. The relevance of this work is substantiated by the need to create a system of civil registration system in the Russian Federation superior to the existing one. There is a current search for the optimal ways for improving the system of resident registration in Russia dictated by the need to obtain more accurate information on movement of the nationals, as well as quantitative and spatial structure of migration. 
Keywords: Moscow, freedom of movemen, place of abode, home policy, registration, citizen, law, act, constitution, The Russian Federation, responsibility
I. L. Batchillo - Development of Legislation in the Sphere of Economy Management. pp. 49-55
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A. M. Tarasov - Technology of state (presidential) control: elements of effectiveness. pp. 51-60
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Trofimchuk N.V. - Some aspects of exercising control (supervision) in the field of entrepreneurial activity in the Russian Federation pp. 55-62

DOI:
10.7256/2454-0706.2017.8.19240

Abstract:   This article analyzes certain aspects of exercising state control (supervision) and municipal control over the entrepreneurial activity in the Russian Federation. Main attention is given to the questions of improving the state control (supervision), municipal control in the Russian Federation, as well as the role of Federal Law “On the Protection of Rights of Legal Entities and Private Entrepreneurs in Exercising State Control (Supervision) and Municipal Control” in the context of accomplishment of this objective. The work introduces a system of principles of the state control (supervision) and municipal control, which establish the foundation for legal regulation and practice of the examined legal relations. The main conclusion consists in the fact that the unified legislative base for activity of the oversight bodied is yet to be formed. The author’s main contribution into this research consists in formulation of suggestions aimed at improving the legal regulation of the indicated legal relations. Scientific novelty lies in proposal for improving the oversight in the area of entrepreneurial activity in the Russian Federation. The article also presents authorial position regarding the interpretation of the terms “cooperation” of the oversight bodies and legal entities, private entrepreneurs and “manipulation of market”.  
Keywords: legislation, economic subject, entrepreneur, municipal control, market, state control (supervision), principles of state control, federal law, administrative regulation, verification
Tch. D. Tchoksum - Legal Regulation of Employment in the Russian Federation. pp. 55-62
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I. E. Makhrov - Individualizing of the official reprimand: problems of the theory and the law practice. pp. 61-64
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M. V. Andzelova - State Regulation of the US Private Enterprises. pp. 61-69
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Arzamaskin, N.N. - On the issue of systemic analysis of factors, influencing modern Russian statehood. pp. 62-67
Abstract: Lawmaking is a multifaceted concept. This article by E.A. Magomedova is devoted to topical issues of regulation of legislative activity in the Russian Federation. In particular, it examines such issues as the principles of this activity, the problem of the concept of the draft law, the role of various types of expertise…
Ostrovskaya A.S. - Fictitious registration at the place of stay or residence in the Russian Federation pp. 63-72

DOI:
10.7256/2454-0706.2017.8.23614

Abstract: The subject of this research is the comparatively new to the Russian law phenomenon of “fictitious registration” at the place of stay or residence on the territory of the Russian Federation. Relevance of this article lies in the need for establishing a quality and precise system of state register of population, which ensures the accumulation of data on the citizens residing in the Russian Federation. The author meticulously reviews such aspects as the key historical factors of the emergence and peculiarities of manifestation of the “fictitious registration” in modern social life. The goal of this work consists in the search for possible ways aimed at resolving the problem at hand. Application of the results of the presented scientific research is of value for the activity of government bodies authorized to exercise control over compliance with the registration rules by the citizens of the Russian Federation, as well as foreign citizens staying on the territory of the Russian Federation. The pertinence of this research is justified by the incidence of the phenomenon of “fictitious registration”; at the same time, it is underlined that the institution of registration at the place of stay or residence in the Russian Federation is currently in need of reforms. The questions of implementation and realization of the rules of the resident registration is of special importance for the state, and the phenomenon of “fictitious registration” in many ways disorients the system of such resident registration.
Keywords: city, citizen, law article , law, Russian Federation, fictitious, registration, Moscow, court, passport
N. M. Artemov, E. M. Ashmarina - The Role of Taxes and Tax Law in Securing Direct and Return Connection in the Process of State Regulation of Economic Processes. pp. 65-71
Abstract:
I.I. Vershkov, S.B. Pogodin - The fight against corruption in an adversarial process. pp. 68-72
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Magomedova, E.A. - Optimization of legal regulation of law drafting activities. pp. 68-75
Abstract: As the author of this article emphasizes, lobbying, having its advantages and disadvantages, is a natural outlet for the energy of self-organization of civil society, which cannot be suppressed, artificial barriers in the form of norms that would prohibit a kind of dialogue between subjects of diverse legal relations with the authorities. This energy should be used both for the benefit of society, first of all, and the public authorities themselves.
M. P. Ignatiev - Current Problems of Legal Regulation of Small Business Enterprises in the Republic of Moldova. pp. 69-77
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A. G. Kalman - Economical state security in the Ukraine. pp. 69-74
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V. N. Makhov, M. A. Peshkov - Lawyers of the USA on the aims of criminal process of the USA. pp. 70-78
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M. V. Karaseva - Tax Restructurization and Tax Payment by Installments as Mechanisms of Legal Financial Regulation. pp. 76-81
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N. M. Nesterova - Peculiarities of the Legal Regulation and Structure of the Bank of Russia Territorial Departments. pp. 76-81
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B. J. Gavrilov - On the Procedural Independence of the Investigator: History, Real Situation, Perspectives of Development. pp. 83-91
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E. M. Ashmarina - Origin of Taxes as the Public and Legal Phenomenon. Place and Role of Tax Incomes in State Budgets. pp. 89-94
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A. S. Tagiev - Improvement of the Procedural Legislation Russian Federation in the Sphere of Economy. pp. 96-104
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N. I. Kirkorova - Two Versions of Reading of the R F Civil Code Article 34, Paragraph 6. pp. 98-105
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Sidorkin, A.I. - Punishments related to deprivation of liberty and limitation of liberty in canon law: problems of legal regulation of systematization and reception by ancient Russia’s lawmakers. pp. 100-108
Abstract: As A.I. Sidorkin notes, all the novel features of Byzantine, western and Russian church penitentiary practices, including formation of the institutions of deprivation of liberty and limitation of liberty, were always based on the canon views of ancient Christianity. These views were related to the punishing role of the church and repentance of those, who violated the church rules. This article is devoted to the study of church punishments. Author analyzes the sources of Byzantine church law and differences in the western and Russian orthodox canon theories.
Belikova K.M. - The effects of the provisions of special legislation on the positions of contractual law within the BRICS countries: ban on certain types of contracts by the antimonopoly legislation

DOI:
10.7256/2454-0706.2015.3.13273

Abstract: This article reviews the ban on certain types of contracts by the antimonopoly legislation within the BRICS countries. The freedom of contract is a principle that is defined by the legal regulation, and limitations within it are extremely rare. The handling of the possible limitations to the freedom of contract is conducted by the antimonopoly authorities within the Russian legislation and legislation of the BRICS countries. The author comes to several conclusions, including that the antimonopoly legislation in all of the examined countries contains a number of limitations, and enacts bans regarding the subject of any type of agreements (contracts) that the companies sign. It is also concluded that the banned agreements can be legalized if their positive effects outweigh the negative consequences.
Keywords: Antimonopoly legislation, separate agreements (contracts), principle of freedom of contract, collusion, conspiracy, lock-up agreements, monopolistic agreements, free market, binding contracts, exclusive contracts
Belikova K.M. - The effects of the provisions of special legislation on the positions of contractual law within the BRICS countries: ban on certain types of contracts by the antimonopoly legislation pp. 309-318

DOI:
10.7256/2454-0706.2015.3.52377

Abstract: This article reviews the ban on certain types of contracts by the antimonopoly legislation within the BRICS countries. The freedom of contract is a principle that is defined by the legal regulation, and limitations within it are extremely rare. The handling of the possible limitations to the freedom of contract is conducted by the antimonopoly authorities within the Russian legislation and legislation of the BRICS countries. The author comes to several conclusions, including that the antimonopoly legislation in all of the examined countries contains a number of limitations, and enacts bans regarding the subject of any type of agreements (contracts) that the companies sign. It is also concluded that the banned agreements can be legalized if their positive effects outweigh the negative consequences.
Keywords: Antimonopoly legislation, separate agreements (contracts), principle of freedom of contract, collusion, conspiracy, lock-up agreements, monopolistic agreements, free market, binding contracts, exclusive contracts
Logvinenko V.D., Korchagin A.G. - Competition law of South Korea: antimonopoly legislation and its key positions (comparative analysis)

DOI:
10.7256/2454-0706.2016.4.18340

Abstract: This article is dedicated to the characterization of the competition legislation in South Korea, as well as the new positions in the Fair Trade Act, effective implementation of which has produced significant impact upon the rapid economic development in the nation. A special attention is given to the positions on regulation of the activities of industries that hold dominant positions in the market, acts aimed at limiting competition, as well as responsibility for violation of the antimonopoly laws. This work also examines the South Korean exclusive chaebol companies. The scientific novelty of this research consists in the comparison of the South Korean law and the law of the Russian Federation and the search for similar features between these two economically different countries. The rapid development of all spheres of life on the Korean population within extremely short period of time for such process (less than 50 years) forces researchers to study new directions of policy in this country and its mechanisms for legal regulation. Especially interesting is the existence of similar positions in the antimonopoly legislation of the countries in question, which allows us to understand in combination with which norms these positions act most efficiently.
Keywords: Chaebol, antitrust authorities, cartel, dominant position, limitation of competition, antimonopoly policy, South Korean law, Competition Law, responsbility , comparative analysis
Logvinenko V.D., Korchagin A.G. - Competition law of South Korea: antimonopoly legislation and its key positions (comparative analysis) pp. 470-478

DOI:
10.7256/2454-0706.2016.4.52615

Abstract: This article is dedicated to the characterization of the competition legislation in South Korea, as well as the new positions in the Fair Trade Act, effective implementation of which has produced significant impact upon the rapid economic development in the nation. A special attention is given to the positions on regulation of the activities of industries that hold dominant positions in the market, acts aimed at limiting competition, as well as responsibility for violation of the antimonopoly laws. This work also examines the South Korean exclusive chaebol companies. The scientific novelty of this research consists in the comparison of the South Korean law and the law of the Russian Federation and the search for similar features between these two economically different countries. The rapid development of all spheres of life on the Korean population within extremely short period of time for such process (less than 50 years) forces researchers to study new directions of policy in this country and its mechanisms for legal regulation. Especially interesting is the existence of similar positions in the antimonopoly legislation of the countries in question, which allows us to understand in combination with which norms these positions act most efficiently.
Keywords: Chaebol, antitrust authorities, cartel, dominant position, limitation of competition, antimonopoly policy, South Korean law, Competition Law, responsbility, comparative analysis
Skrynnik, A.M. - Monitoring of the transportation security guarantees in Russia. pp. 667-672

DOI:
10.7256/2454-0706.2013.5.51978

Abstract: The author provides analysis of the legal definition and regulation of the supervision by monitoring in the sphere of transportation security, the author also offers the ways for the furher improvement of the monitoring system. The article includes the definition of “monitoring of transportation security guarantees” as a process of systematic or continuous collection of information (surveillance) and analysis of the generalized data on the level of protection of the transportation infrastructure objects and transportation vehicles from the acts of unlawful interference, including terroristic ones, in order to form and accept the necessary decision on changing or preserving the existing normative legal and (or) normative technical parameters.
Keywords: jurisprudence, law, monitoring, security, guarantees, transportation, control, review, objects, regulation.
Ledeneva V. - Legal and organizational foundation for counteracting illegal migration

DOI:
10.7256/2454-0706.2015.7.10781

Abstract: Based on the analysis of migration legislation the article addresses the issues of effectiveness of the government measures aimed at fighting the illegal work migration, which is one of national problems that requires taking into the account all factors that have an impact upon the migration situation. The vector of development of migration processes will affect not only the political stability and territorial integrity of the country, but also the social and economic development, living standard of the population, realization of national and geopolitical interests, participation in global work distribution, and of course the rational integration of Russia into global economy. The author concludes that migration legislation in the Russian Federation represents a complex, multi-vector, and rapidly developing legal construct. In order to improve the legislation on migration, it is necessary to fully understand the new measures and their “compatibility” with the government migration policy, taking into consideration such factors as demographical, economic, political, etc.
Keywords: Illegal migration, Immigration control, Administrative penalties, Deportation, Readmission, Migration legislation, Concept, Federal law, Control and supervision, Federal Migration Service of Russia
Ledeneva V.Yu. - Legal and organizational foundation for counteracting illegal migration pp. 945-953

DOI:
10.7256/2454-0706.2015.7.52457

Abstract: Based on the analysis of migration legislation the article addresses the issues of effectiveness of the government measures aimed at fighting the illegal work migration, which is one of national problems that requires taking into the account all factors that have an impact upon the migration situation. The vector of development of migration processes will affect not only the political stability and territorial integrity of the country, but also the social and economic development, living standard of the population, realization of national and geopolitical interests, participation in global work distribution, and of course the rational integration of Russia into global economy. The author concludes that migration legislation in the Russian Federation represents a complex, multi-vector, and rapidly developing legal construct. In order to improve the legislation on migration, it is necessary to fully understand the new measures and their “compatibility” with the government migration policy, taking into consideration such factors as demographical, economic, political, etc.
Keywords: Illegal migration, Immigration control, Administrative penalties, Deportation, Readmission, Migration legislation, Concept, Federal law, Control and supervision, Federal Migration Service of Russia
Ishekov K.A. -

DOI:
10.7256/2454-0706.2013.10.2517

Abstract:
Ishekov, K.A. - Report of the executive government bodies as form of implementation of parliamentary control (at the level of constituent subjects of the Russian Federation) pp. 1338-1342

DOI:
10.7256/2454-0706.2013.10.52062

Abstract: The current period of development of constitutional legal relations is characterized by greater interest to implementation of reporting of executive bodies to the parliament bodies of the constituent subjects of the Russian Federation. The article contains analysis of reporting within the traditional spheres of activity, as well as analysis of a novel parliamentary control form being an annual report by a highest official of a constituent subject of the Russian Federation based upon the results of the work of executive bodies, including the issues raised by a regional parliament. The goal of the article was to uncover the gaps and defects of federal and regional legislation regulating order and specific features of reporting by the executive bodies of the constituent subjects to the legislative bodies. The author makes a conclusion that the legal norms on annual reports by the highest officials of constituent subjects of the Russian Federation are not correct. In the opinion of the author the list of issues on which the heads of the regional executive power report should be established by the Constitutions and the Ustavs of the constituent subjects of the Russian Federation. The author also considers that relevant amendments should be introduced into the Federal Law “On the general principles of organization of the legislative (representative) and executive bodies of the state government of the constituent subjects of the Russian Federation”, Constitutions and Ustavs of the constituent subjects of the Russian Federation.
Keywords: jurisprudence, report, control, parliament, power, constituent subject, budget, program, property, fund.
Abaturov A.I. - Normative regulation of the post-penitentiary support in modern Russia

DOI:
10.7256/2454-0706.2016.11.17145

Abstract: The subject of this research is the public relations arising in the process of assisting persons released from prison of the Russia penal system. The author carefully examines the actual problems arising in the provision of social assistance and support to citizens released from prison. The author gives special attention to the current legislative regulation of the post-penitentiary support, analyzes the main reasons for the shortcomings and deficiencies in this area. Among the main factors contributing to the growth in recidivism is the absence of state legal mechanism for providing support to citizens released from prison. The methodological basis of this work consisted of the dialectical method of cognition of reality, as well as general scientific and special methods of cognition: a comparative legal analysis in the new and previously existing criminal law and penal legislation. The scientific novelty of this work consists in the fact that it carries the theoretical and practical importance in creating a coherent, workable and effective system of state support for persons who have served a criminal sentence of imprisonment, the creation of which will improve both economic, and social perspectives, strengthen the stability in the society, ensure its protection against internal threats, create living conditions for these individuals in the society, and prevent the commission of new crimes.
Keywords: Law enforcement, Incarceration, Probation, Relapse, Social rehabilitation , Subjects of the Russian Federation, Regional programs, Post-penitentiary support, Correctional facilities, Convicts
Abaturov A.I. - Normative regulation of the post-penitentiary support in modern Russia pp. 1390-1395

DOI:
10.7256/2454-0706.2016.11.52728

Abstract: The subject of this research is the public relations arising in the process of assisting persons released from prison of the Russia penal system. The author carefully examines the actual problems arising in the provision of social assistance and support to citizens released from prison. The author gives special attention to the current legislative regulation of the post-penitentiary support, analyzes the main reasons for the shortcomings and deficiencies in this area. Among the main factors contributing to the growth in recidivism is the absence of state legal mechanism for providing support to citizens released from prison. The methodological basis of this work consisted of the dialectical method of cognition of reality, as well as general scientific and special methods of cognition: a comparative legal analysis in the new and previously existing criminal law and penal legislation. The scientific novelty of this work consists in the fact that it carries the theoretical and practical importance in creating a coherent, workable and effective system of state support for persons who have served a criminal sentence of imprisonment, the creation of which will improve both economic, and social perspectives, strengthen the stability in the society, ensure its protection against internal threats, create living conditions for these individuals in the society, and prevent the commission of new crimes.
Keywords: Law enforcement, Incarceration, Probation, Relapse, Social rehabilitation, Subjects of the Russian Federation, Regional programs, Post-penitentiary support, Correctional facilities, Convicts
Idrisov I.T. -

DOI:
10.7256/2454-0706.2014.10.12952

Abstract:
Idrisov, I.T. - Punishments regarding correctional labor in England and in France pp. 1506-1514

DOI:
10.7256/2454-0706.2014.10.52278

Abstract: This article provides a complex comparative legal study of the measures of forced labor correction of convicts serving punishments without isolation from the society. Taking examples of England and France (representing Anglo-Saxon and Roman-German legal system) the author shows the tendency for the humanization of the applied criminal punishments. Since these two states belong to different legal families, there are some specificities regarding assignment and execution of alternative punishments (to imprisonment), regarding correctional labor, allowing to single out independent models of criminal law influence. At the same time similar measures may be accepted similarly in different states, which is due to the globalization of the criminal legal policy. In the process of studies the author applied various methods, such as analysis, synthesis, analogy, comparative and legal methods. The article contains references to English and French legislative sources translated by the author, as well as their comparative legal analysis. The author notes practical and theoretical value of foreign experience for the optimization of the system of punishments in Russia. The demand for the alternative punishments involving correctional labor corresponds to the main directions of criminal and penal policies of the modern states.
Keywords: Humanization, alternative punishments, correctional labor, obligatory labor, punishments in foreign states, probation, penitentiary system, foreign legislation, execution of punishments, globalization.
Scherbak, A.E. - Legal aspects of state expertise of project documentation in the sphere of construction of electric power objects. pp. 2057-2062
Abstract: This article is devoted to some issues of legal regulation of state expertise of project documentation for the construction objects in the sphere of electric power industry. The author analyzes the contents of the expertise, as well as the powers of the executive body, and the general provision on construction review.
Keywords: jurisprudence, construction, electric energy, state expertise, technical regulation, security, town-planning, project documentation, evaluation, construction review.
Dobrovolsky, P.E. - Choice of method for evaluation of independence of election committees of municipal entities and definition of indicators of independence. pp. 2926-2929
Abstract: Organization and activities of the election committees in Russia are based on the principle of independence. At the author of this article points out, this principle needs to be established in legislative regulation of particular elements of status of election committees. The author considers that it is necessary to use multi-element statistical analysis of constitutional legal institutions, which is already established in Russian and foreign science, and to establish a new method for evaluation of independence of election commissions of municipal entities. .
Gubenkova, E.V. - Specific features and role of information factor influencing the process of realization of the principle of humanism while executing the criminal punishment in the form of deprivation of freedom. pp. 2930-2934
Abstract: The success of changes in the system of execution of criminal punishment towards its humanization depends, among other things, on quality of the information sphere. That is why it is quite important to research the information factor and its influence on above-mentioned process. This article by E.V. Gubenkova is devoted to the results of her research on this problem.
Panfilov, A.N. - Collisions of municipal legal acts related to the issues of protection, preservation, use and popularization of objects of cultural heritage. pp. 2935-2944
Abstract: The shift of powers between the federal level, the level of constituent subject of the Federation and the municipal level in the sphere of preservation of cultural heritage was ever meant to balance the relations in the public sphere, to provide for better protection for heritage, to exclude duplicated powers on different levels. This article by A.N. Panfilov is devoted to the collisions, which appeared during this process.
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