Annotations № 2 / 2014
THEORY OF LAW AND STATE
Semyakin M. N. (Yekaterinburg, Urals State Law Academy, e-mail: Misha2008@uralweb.ru) Development of private-legal ideas of the historical school of law in the teaching of G. F. Puchta
The private-legal ideas of adept historical school of law G. F. Puchta concerning division of the right to public, private and church; main point of private law, its structure, connection to the life of the people; civil capacity, equality of subjects, theories of the legal entity are analysed. The author assesses their impact on the modern doctrine of civil law.
Key words: private law, owner, legal entity, domination over the thing, civil capacity, equality of legal subjects, objective and subjective in the law, structure of private law
PUBLIC ISSUES AND POLITICAL SCIENCE
Kondrasheva A. A. (Krasnoyarsk, Sibirean Federal University, e-mail: legis75@mail.ru) Lacunas in the Constitution of Russia: concept, classification and demarcation from related phenomena
The article is devoted to lacunas in the Constitution as the most important category of legal lacunas and aims to create a system view on this matter.
Key words: space, Constitution, classification
Kal’yak A. M. (Novosibirsk, Novosibirsk Institute of Law (branch) of the National Research Tomsk State University, e-mail: Andrei.kaliak@mail.ru) Conditions of the deputies of legislative (representative) bodies of the subjects of the RF in the legal positions of the Constitutional Court of the RF
The features of the execution of a number of decisions of the Constitutional Court of the RF relating to the constitutionality of the legislation on regional financial support to the activities of deputies in regional parliaments. It is shown that the decision of the Constitutional Court sometimes are executed only formally excluding interrelated legal positions of the Court. Differences in the execution of similar meaning decisions of the Constitutional Court of the RF in different regions are revealed, the author concludes that there is a need to regulate this issue in the federal legislation.
Key words: constitutionality of the regional legislation, execution of decisions of the Constitutional Court of the RF, judicial constitutional norms control
Gimgina M. E. (Yekaterinburg, Urals State Law Academy, e-mail: gimgina@mail.ru), Egorov K. I. (Yekaterinburg, Urals Okrug Military Court, e-mail: PVS-ural@yandex.ru) Fairness of the trial from the standpoint of the European Court of Human Rights
Authors exploring the category of fairness and analyzing the practice of the European Court of Human Rights, reveal the content of the concept of «fair trial».
Key words: fairness, European Court of Human Rights, fair trial
COMPARATIVE JURISPRUDENCE
Minniakhmetov R. A. (Ufa, Ufa Branch of the Urals State Law Academy, e-mail: articles2013@mail.ru) The judicial system of power in classical Islamic legal doctrine: theoretical and practical measurement
The origin and formation of the judicial system in the Middle East during the Middle Ages are examined. The process of theorizing justice by prominent Islamic thinkers are analyzed, the mechanisms of implementation of legal concepts are studied, and the importance of studying the question posed is emphasized.
Key words: classical Islamic law, judicial system of power, theorizing and conceptualization, proceedings, implementation, migration process
Mikitas’ I. N. (Ukraine, Pyatihatki, Directorate of Public Penitentiary Service of Ukraine in Dnipropetrovsk region, e-mail: i.n.m@list.ru) State control of the penal institutions in Ukraine
The peculiarities of state control in general, and controlling the activities of the penal institutions in particular are analyzed.
Key words: control, state control, punishment
CRIMINAL LAW AND PROCESS
Bibik O. N. (Omsk, Omsk State University named after F. M. Dostoevskiy, E-mail: olegbibik@mail.ru) On the grounds of the institute of limitations in criminal law
The grounds of limitations application in criminal law proposed by science and jurisprudence are considered. The view that the ground is the loss of public danger by person is criticized. The author concludes that if in time the offense (stimulus) no longer causes public outcry, the sentence ceases to act as an effective response to the commission of a criminal wrongful act.
Key words limitation in criminal law, international crimes , non-application of the limitation period, psyche, psychology, emotions
Borovykh L. V. (Perm, Perm State National Research University, e-mail: criminalaw@mail.ru), Korepanova E. A. (Perm, Perm State National Research University, e-mail: korepanova.jurist@yandex.ru) Problem of qualification of theft with the use of bank card
Variants of qualification of theft with the use of bank card are analyzed. The author suggestes to exclude from the art. 159.3 of the Criminal Code of the RF words «use of bank cards and the use of plastic cards by deception of employee of trading, service or other organization», bring in the article 158.1 to the Criminal Code of the RF, providing responsibility for a secret withdrawal of funds with the use of bank cards. It is proved that the use of credit card when seizuring property is not the only criterion for differentiation of the forms of theft, which can be qualified as a larceny and as a fraud.
Key words: theft, credit cards, fraud, employees of trade organizations, secret way
Stel’makh V. Yu. (Yekaterinburg, Urals Law Institute of MIA of Russia, e-mail: vlstelmah@mail.ru) Definition and features of the investigative actions
Established in science approaches to the definition of «investigative action» are considered. Basing on the synthesis of the views expressed the author proposes a definition of investigative procedure, the list of its essential features and thoroughly analyzes them. The necessity of legislative consolidation of definition of «investigative action» is proven and proposals for the construction of the relevant rules are put forward.
Key words: investigative actions, definition, features
Malyugin S. V. (Yekaterinburg, Urals Law Institute of MIA of Russia, e-mail: svm707@mail.ru) Local subject of proof in criminal proceedings in Russia
The definition of a local subject of proof in a criminal process of Russia is given and its main features are highlighted. The meaning of local subject of proof in the criminal process in Russia is described. Some of the problems, the basic ways of solving them are considered.
Key words: proof, subject of proof
CIVIL LAW AND PROCESS
Lisachenko A. V. (Yekaterinburg, Urals State Law Academy, e-mail: lisachenko@mail.ru) Law of virtual worlds: new objects of civil rights
The trend on the appearance of new objects of civil rights by virtue of creation of a new man-made environment – the so-called virtual world are analyzed. Some properties of such objects are considered, the author concludes that legal interpretation of their specificity is needed.
Key words: civil law, objects of civil rights, virtual world, virtual objects
Nazimov I. A. (Yekaterinburg, Urals State Law Academy, e-mail: grpravo@usla.ru) Restoration of corporate control
The recovery of corporate control – sanctioned by the Supreme Arbitration Court of the Russian Federation way of protection is considered. The conditions of its implementation, its place in the system of ways of civil rights protection is determined. The author draws conclusion on the exceptional nature of this way of protection , which is expressed in the admissibility of its use only if the impossibility of protection of violated rights provided by law is established.
Key words: recovery, corporate control, exclusivity, way of protection
Mazo M. A. (Yekaterinburg, Urals State Law Academy, e-mail: mariamazo@mail.ru) Conflict of interests in the joint stock company: concept, types, civil-legal constructions of regulation
Theoretical aspects of the category of «conflict of interest» are considered, types of conflicts of interests in the joint stock company, as well as the legal structure of their regulation are marked out and analyzed.
Key words: interest, joint stock company, corporate interest, conflict of interests
Grinev P. D. (Saratov, Saratov State Law Academy, E-mail: arb@sgap.ru) Interlocutory injunctions as a form of prior judicial control over the activities of international commercial arbitration
Questions of jurisdiction, burden of proof and the actual execution of interlocutory injunctions taken by arbitration courts in disputes considered by international commercial arbitrations are examined. The limits of intervention of state courts in the activities of international commercial arbitration on the adoption of the later of beforementioned measures are analyzed. The advantages and disadvantages of interlocutory injunctions taken by state arbitration courts and international commercial arbitration are considered.
Key words: international commercial arbitration , prior judicial control, interlocutory injunctions
LABOUR AND SOCIAL LAW
Safonov V. A. (Saint-Petersburg, Saint-Petersburg State University, e-mail: Safonov.V@jurfak.spb.ru) Participation of employees in organization management: essay on the theory
The author basing on the analysis of factors of production, control theory, the Constitution of the Russian Federation concludes on the objective nature of employee participation in organization management. The conditions under which provided a real participation of employees in management are considered, application of the principle of «partial participation» is justified.
Key words: employees, employer, organization management, employee participation in organization management
ON THE 150TH ANNIVERSARY OF COURT STATUTES OF 1864 AND 140TH ANNIVERSARY OF PROFESSIONAL ADVOCACY IN THE URALS
Smirnov V. N. (Yekaterinburg, Urals State Law Academy, e-mail: sea003@usla.ru) Kazan Board of barristers and advocates of Perm province
On the basis of archival documents and other sources the activity of Kazan Board of barristers in whose district the Ural advocates accounted for one third and played a prominent role in the affairs of the corporation is shown.
Key words: legal statutes, district court, trial chamber, board of barristers, assistant attorney, patronage, mutual aid fund, Provisional government
PAGES OF HISTORY
Kostogryzova L. Yu. (Yekaterinburg, Urals State Law Academy, e-mail: klyu002@yandex.ru) The evolution of family law in Byzantium in the VI - XV centuries
The development of the institutions of family law in Byzantium in the VI - XV centuries is examined. On the basis of legal documents it is shown how conditions of the marriage changed, how personal and property relations between spouses evolved, what were the grounds for divorce. The author also examines the influence of the church on family law in Byzantium.
Key words: Byzantine law, family law, canon law, dowry, relations between spouses, divorce
Loba V. E. (Armavir, Armavir State Pedagogical Academy, E-mail: vsevolodka@inbox.ru) Issues of crime and punishment in the Novgorod judicial charter
Norms of criminal-legal character of Novgorod judicial charter - the most important instrument of the Novgorod feudal republic are considered.
Key words: crime, punishment, criminal law
MUSEUM OF SLI-USLA HISTORY
Zipunnikova N. N. (Yekaterinburg, Urals State Law Academy, e-mail: igp@usla.ru) Improving the educational process and educational-methodical work in Siberia (Irkutsk) Institute of Soviet Law in 1932
CHRONICLE
Ispolinov A. S. (Moscow, Moscow State University, e-mail: ispolin@lexinvest.ru) Questions of direct action of WTO law in the legal order of the Russian Federation and the Customs Union
YOUR LIBRARY
Review of the book: Narutto S. V., Taeva N. E., Shugrina E. S. Constitutional Law of Russia: Textbook. – M.: RIOR: INFRA-M, 2013. – 432 P.
Review of the book: Baleevskykh F. V. Basics of overcome interrogated opposition. Yekaterinburg, 2014. – 180 P.