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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 08/2019
Contents of Issue № 08/2019
Law and order
Malikov S.V. - Legal and Actual Ending of Crime pp. 1-7

DOI:
10.25136/2409-7136.2019.8.30573

Abstract: The matter under research is debating issues arising in the process of constructing corpus delicti depending on the moment of ending of crime. Malikov suggests to apply the approach that distinguishes between legal and actual ending of crime, especially when it comes to continuing or lasting crimes. Malikov analyzes the opportunity of creating legal rules that would establish different endings of crime such as administrative punishment or administrative prejudgement, record of convictions for similar crimes, sytematicity and duplicity of crime that is not covered by the administrative prejudgement concept. The overall methodological base of the research involves dialectical and historical categories. In addition, the author also uses methods of special sciences such as system-structural, formal-logical methods, deduction and induction, analysis and synthesis and direct observation. The scientific novelty of the research is caused by the author's complex evaluation of whether it is practically possible to distinguish between actual and legal endings of crimes that have a long duration as well as to fix such difference at the legislative level. The main practical use thereof would be accurate calculation of limitation period. For this purpose, the author offers a new version of Article 29 of the Criminal Code of the Russian Federation. 
State institutions and legal systems
Ostroushko A.V. - Implementation of International and Foreign Experience in Legal Regulation of Financial Technologies in Russian Legislation pp. 8-24

DOI:
10.25136/2409-7136.2019.8.30604

Abstract: At the present time there is a global understanding that long-term sustainable and safe development of financial technologies requires a proper mechanism of their regulation. In the Russian Federation, creation of such a mechanism is still in process. The object of this research is social relations that arise in the course of creation and use of financial technologies. The subject of the research is the acts adopted at the international level (by The UN and EU)as well as legal acts and provisions of a number of technologically developed foreign states in order to analyze their positive experience that may be used in Russian legal regulation of financial technologies creation and use. Based on the dialectical method, the author has used the comparative analysis of national peculiarities of policy implementation in the sphere of social relations resulting from creation and use of financial technologies. The researcher underlines that even though the government understands the need to create a mechanism of legal regulation of financial tehnologies, there is still a need to develop a single policy in this sphere. Based on the analysis of experience of the foreign states, the author gives recommendations on how to improve Russian institutions of legal regulation of financial technologies. 
Договор и обязательства
Mukhin I.V., Malykh I.V. - Legal Forms of Funding Maintenance of Private Roads Designated for Public Use pp. 25-36

DOI:
10.25136/2409-7136.2019.8.29492

Abstract: Within the framework of the article, the authors analyzes the main issues related to legal regulation of financing of costs for maintenance of private roads designated for public use that arise in the Russian Federation. The authors take into account the special status of these elements of public infrastructure as private property that can be used by an unlimited number of individuals. The authors try to analyze the sources of coverage of such costs such as funds collected when serviceability of roads is set; payments from a concession granter under public private partnership agreement; payments from public servitude authority when public servitude fee is set; and tax savings when associated rebates are set by the legislation. The authors have used general research methods (induction, deduction, analysis and synthesis) and special science methods (formal law analysis and logical approach). They have analyzed legislation, legal doctrine and judicial practice and approaches to finding the balance between public and private interests. As a result of their research, the authors conclude that current legislation obliges owners of car roads for public use to bear their maintenance costs on theirown. However, there is still an efficient mechanism of co-funding and coverage of owner's expenses. These are important issues for economic development, thus there is a need to improve relevant legislation. 
Belikova K.M., Kanatov R.K. - Definition, Legal Nature, Types and Contents of Agreements that Make Broker Activity Possible in the EAEU Countries pp. 37-50

DOI:
10.25136/2409-7136.2019.8.30582

Abstract: The authors of this article analyze definition, legal nature, types and contents of agreements that make broker activity possible in the EAEU countries from the point of view of legislation (civil codes, etc.) and judicial and other practice. In particular, they analyze contract of assignment, commission agreement and agency agreement. This is the first research in Russian academic literature to give an insight into practical use of such agreements in the EAEU countries (the case study of the Republic of Kazakhstan). In their research the authros have used such research methods as dialectical analysis, historical and comparative law analysis. The authors base their research on the idea of subjective-objective predetermination of processes and phenomena. The novelty of the research is caused by the authors' complex analysis of aforesaid issues based on the case study fo EAEU countries. One of the conclusions of the research is that brokerage agreement is not a type of contract of assignment, commissino agreement or agency agreement. This is a combined, framed, mutual, bee-based and consensual contract of adhesion that have two types, brokerage agreement on intermediary services and brokerage agreement on intermediary and representative services. 
Экологическое и земельное право
Ta V.K. - Legal Regulation of Environmental Protection in Industrial Parks of Asian States: the Case Study of Vietnam pp. 51-58

DOI:
10.25136/2409-7136.2019.8.30546

Abstract: The article is devoted to the issues that may arise in the process of legal regulation of environmental protection in industrial parks of a number of Asian states. The researcher analyzes the experience of particular countries in developing their legal policy of environmental protection in industrial parks. Based on the analysis of legal acts that regulate environmental protection in industrial countries of some Asian countries, the author of the article proves that the legal base of the aforesaid problem is better regulated in other Asian countries compared to Vietnam. The author has applied the following research methods: comparative law analysis (to compared Vietnam and other Asian states' laws on environmental protection) and statistical analysis (to analyze particular aspects of law-enforcement practice). The author emphasizes the importance of a developed system of legal acts that regulate activity of industrial parks and environmental protection in such parks. The law-making experience of the states analyzed in this research may be useful for successful implementation of similar laws in Vietnam. 
Academic life
Dubovik O.L. - International Cooperation in Research of Topical Issues of Criminal Policy, Criminal Law and Criminal Science in Relation to Crime Prevention pp. 59-68

DOI:
10.25136/2409-7136.2019.8.29078

Abstract: The article is devoted to the topics and main results of researches that have been carried out at Max Planck Institute of Foreign and International Law (Freiburg, Germany) over the last twenty years (taking into account previous researches of fellows of the Institute in cooperation with foreign specialists and experts). The material provided completes the picture of topical issues that arise in the process of fighting against the most dangerous crimes, traditional and new ones (piracy, cybercrime, youth and migration crime and many others) as well as gives an insight into approaches to goals and tasks of criminal and criminal law sciences in the global society. Information content in the article will allow Russian specialists to take into account experience of Germany and to to get an idea of actual goals and tasks (both theoretical and practical ones) faced by lawyers of other countries and continents, in particular, Latin America, Southeast Asia, Africa, USA and etc. To describe the research results, the author has used the methods of comparative legal science, logical structural analysis, historical approach and docmatics as well as information that has been published by mass media. From the theoretical point of view, the main benefit of this research is that information presented in this article will allow to compare foreign and Russian approaches to interpretation of the most significant problems of modern criminal law and studies. From the practical point of view, the results can be used to plan furthe research in criminal law and science. 
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