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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 03/2019
Contents of Issue № 03/2019
State institutions and legal systems
Moiseeva O.V. - The Structure of Law Enforcement Process as Part of Notariat's Human Rights Activities pp. 1-12

DOI:
10.25136/2409-7136.2019.3.29171

Abstract: The matter under research is the material and procedural contents of law enforcement process as part of notariat's human rights activities. The research object is the social relations that arise in the process of organization and conduction of law enforcement process through  notarial actions, ensure legality of civil circulation and perform law enforcement and protection functions in legal regulation of social relations. The author of the article examines such aspects of the topic as structural elements of law enforcement process, peculiarities of their interaction as part of stages of notary law enforcement process. Special attention is paid to the description of particular structural elements of law enforcement process as part of notariat's law enforcement activity. The research methodology includes a set of general and special research methods allowing an integral view of the matter. The main conclusions of the research are that law enforcement process is the core of the legal concept of notariat's law enforcement practice, and law enforcement process is a combination of legally fixed notary procedures required for performance of notary actions. The author's special contribution to the topic is the definition of 'law enforcement notary process' as well as a new review of structural elements. The novelty of the research is caused by the fact that the author gives her own definition and develops her own concept of notariat's law enforcemewnt process as well as describes peculiar elements thereof. 
Human and state
Kuzmina E.A. - Limits of Appeal to the Prosecutor and Decisions of Preliminary Investigation Agencies as One of the Issues that Arises in the Process of Complaint Investigation at Russian Federation Prosecution Office According to Article 124 of the Russian Federation Code of Criminal Procedure pp. 13-19

DOI:
10.25136/2409-7136.2019.3.29016

Abstract: The object of the research is social and criminal process relations that arise during appeal to the prosecutor regarding procedural action or inaction and decisions of preliminary investigation agencies. This is an important issue that arises in the process of accepting the complaint according to Article 124 of the Russian Federation Code of Criminal Procedure. The author of the article covers important points such as the basis, matter and limits of the appeal. The subject of the research is the legal standards that regulate limits of appeal to the prosecutor regarding procedural actions and decisions of preliminary investigationi agencies as well as law-enforcement practice of implementation of aforesaid standards, statistical data, and research opinions on the matter. The methodological basis of the research includes general and special research methods such as analysis, induction, deduction, structured system analysis, comparative, formal law and technical law analysis. The  main conclusions of the research is that the author emphasizes the need in integral evaluation of a number of issues that may arise in the process of appeal to the prosecutor regarding action or inaction and decisions of preliminary investigation agencies, in particular, legislative recognition of particular limits of appeal to the prosecutor in a single legal act. This would eliminate uncertainty that is often caused by appeal to the prosecution office and would create additional opportunity for citizens to defend their rights and freedoms. 
Law and order
Pshenichnyi R.V. - Criminalistic Characteristic of Personality of a Criminal Who Has Committed Theft of Property pp. 20-26

DOI:
10.25136/2409-7136.2019.3.29295

Abstract: The matter under research is an integral system of different personality traits of a criminal who has committed theft of property. These are the personality traits that serve as important factors of criminal behavior taking into account external and internal circumstances. Information about it can be used to discover and investigate crime. The author of the article examines such aspects topics as common features and traits of individuals who have committed theft, analysis of typical characteristic of these individuals, discovery of functional relations and patterns in criminal behavior. The research methodology implies complex research of personality behavior through analyzing theoretical data and statistical information. As the main outcome of the research, the author gives a typical portrait of criminals of this kind, describes their typical features and personality traits. The researcher also describes common patterns of their criminal behavior. The research results can be used in the process of crime investigation as well as prevention of this kind of crime. 
Договор и обязательства
Belikova K.M. - Organisational Legal Forms of Investment Activity in the Republic of Korea in Terms of Legal Definitions of Foreign Investor and Foreign Investment (Some Aspects) pp. 27-38

DOI:
10.25136/2409-7136.2019.3.29198

Abstract: The subject of the research is the definitions of terms 'investor' and 'investment' and their relation to forms of business entities that perform investment activity, from the one hand, and forms of business entities that perform capital investment (companies, partnerships, non-public unions, etc.) allowable by the law of South Korea as part of The Law on Trade (1962, version of 2011) and Law to Promote Foreign Investments of September 16, 1998 (FIPA). Belikova carries out their comparative analysis in terms of investment activity. She focuses on the legal regime of their activity and underlines their peculiarities. In the course of her research the author of the article has used such research methods as general dialectics, historical method and comparative law analysis. The author bases her research on the idea of subjective and objective predetermination of processes and phenoma. The novelty of the research is caused by the fact that the author analyzes forms of entities that perform investment in Korea in relation to terms 'investor' and 'investment'. As a result of the research, the author concludes that taking into account that national peculiarities, the main legal terms for attracting foreign investments into South Korea are different from traditional legal terms used by other countries. For example, Korean companies deal only with those partners which reputation has been proved by other Korean companies, and so on. Moreover, even though the greater part of capital investments are made by foreign investors as joint-stock companies, the Korean legislation offers a wide range of business entities for investing. 
Трудовое право
Nogailieva F.K. - Equality of the Different: Protection of Employee's Religious Beliefs in the USA pp. 39-45

DOI:
10.25136/2409-7136.2019.3.29247

Abstract: The article is devoted to creation of an individual working setting that would take into account peculiarities of employee's religious beliefs (the need to prey, wear religious clothes and symbols, etc.). Problems that may arise in the process of applying religious norms at the workplace become important for Russia, too, this is why Russian law experts start to analyze the experience of the foreign states on the matter. In this article the author analyzes the lawmaking and law enforcement experience in the USA legal system, the country that has the longest story of conflict resolutions with 'religious' employees. The research is based on analysis and interpretation of legal acts, conclusions of the Comittee for Providing Equal Opportunities for US Employees and experience of the US judicial authorities. The main conclusion of the article is that despite a US specific concept of reasonable accomodation of working conditions to special needs of employees (including religious needs), this idea proves to be inefficient. According to the concept, an employer must change working conditions when these changes do not incure unreasonable expenses. There are criteria for such unreasonable expenses in relation to disabled employees and employees with families, however, there are no such criteria for religious employees. This makes it difficult for employees to protect their religious needs. 
History of state and law
Seregin K.V. - Comparative Analysis of the Civil Law of Polish Kingdom to the Civil Law of Russian Empire in Protection of Property Rights pp. 46-52

DOI:
10.25136/2409-7136.2019.3.29155

Abstract: The object of the research is the relations that arose in the process of protection of property rights in Polish Kingdom and Russian Empire. The subject of the research is the civil laws that were effective in Polish Kingdom and Russian Empire during the period since 1812 till 1917, in particular, the provisions that regulated protection of proiperty rights in the territories of Polish Kingdom and Russian Empire. The author of the article focuses on particular peculiarities of negatory protection of property rights as well as the point at which property was recognized as illegal by the civil law of Polish Kingdom. In the course of the research the author has used the following methods: analysis, synthesis, extrapolation, systems approach, hermeneutical and comparative law method. The main conclusions of the research are as follows: 1) the law of Polish Kingdom set forth negatory actions as an individual means of protection of property rights, however, it had individualization signs in relation to particular items. Thus, it was limited by applicability to particular items; 2) the civil law of Polish Kingdom viewed the point when an individual found out about insufficiency of base for his or her rights as the point when his or her property became illegal; 3) Differences in regulation of vindication as the means of protection of property rights were insignificant. The law of Polish Kingdom fixed vindication limitations by outlining a list of items subject to vindication while the Russian Empire did not have evident restrictions of vindication. 3) Distinguished feature of negatory protection in Polish Kingdom was caused by the fact that it could be applied through particular physical action for restoration of violated right. 
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