Vol 12, No 1 (2019)

This article focuses on the the institution of insolvency (bankruptcy) in the mechanism of sustainable development of the market economy of the Russian Federation. The author concludes that the purpose of this institution is to ensure the stability of the market economy with the help of special bankruptcy tools, including the mechanism of satisfaction of creditors ' claims, restoration of the debtor's solvency, the mechanism of prevention of bankruptcy, release of the debtor from debt, etc.

The article is devoted to one of the ways to protect the rights and interests of creditors in the bankruptcy of the debtor. Due to the shortcomings of legal regulation, the studied method of protection is not widely used in practice. The author reveals the legal essence of this method of protection, analyzes the actual problems associated with the practice of its application, suggests ways to solve them.

In the practice of legal activity there are situations when a real estate object (building, structure or construction) was built on the land, which is the subject of pledge after the conclusion of the mortgage agreement by the parties. In such situations the pledge in respect of the real estate object arises by virtue of the law on the basis of article 64 of the Federal law of July 16, 1998 No. 102-FZ «On mortgage (real estate pledge)» (hereinafter - The law on mortgage). However, in the situation when an insolvency (bankruptcy) case has been initiated against the pledgor, the procedure and conditions for the recognition of the status of a pledge for such real estate objects by the bankruptcy creditor have not been regulated by the legislation. In this connection, there is no uniform position in judicial practice on issues related to this situation.

The debtor is the primary subject of legal relations in the field of insolvency (bankruptcy). However, a lot of theoretical and practical problems (including the approach to defining the term of debtor, multiplicity of persons on the side of the debtor, the possibility of bankruptcy of entities which are not subject to legal regulations) remain unresolved. The aim of this paper is to concentrate on certain debatable points and express the author’s opinion on the discussed problems.

The present article performs general analyses of personal rights and freedoms in Italy. More than the third part of the Italian Constitution is dedicated to the rights, freedoms and obligations of citizens. The author reviews the evolution of such rights in the Constitution of Italy. It is noteworthy that the Constitution of Italy in memory of the abolition of freedoms by the fascist regime opens with an Article devoted to personal freedoms. Such personal freedoms are understood as an indispensable condition to be able to enjoy any other freedom. The core part of the research is dedicated to the problem of the personal rights and freedoms of Italian citizens, taking into account Italy’s presence in the European Union and the Schengen zone. The author resumes that Italy follows the Schengen agreements, which allow citizens of signatory states to cross the borders freely of a member state without the need for border controls.

The article discusses issues related to the practical development of the policy of the impact of public authorities and government on social processes in the social and economic sphere. The subject of the research is the axiological values of economically active groups of the population as well as the forms and methods of state legal policy that allow the use of such mononorms in the regulation of social and economic relations. This direction was investigated by M. Weber, B. Tamanaha, M. Vargas, E. Zamir, D. Teichman. The purpose of the study is to develop theoretical concepts, approaches and proposals for the incorporation of axiological values into existing positive legislation. In the study of social relations the following methods were used: formal legal method, methods of interpretation of law (functional, logical), legal modeling, legal forecast. Conclusions and results. The consequence of using this approach will be to increase the efficiency of the activities of legal entities and law enforcement in the sphere of economic activity of economic entities ensuring the legitimacy of the legal and economic policies of public authority. The hypothesis of the study - it is assumed that the axiological values of different groups of the population can act as a mononorm on the basis of which the ontological component of the norm and legislation can be constructed. In this case the prevailing social values will be a form of sociological, anthropological positivism which will lead to a decrease in the number of offenses in business activities, improvement of legal regulation of socio-economic activities. An interdisciplinary study was conducted in the framework of the theory of law and finance as well as social psychology. The results show the need to use the axiological values of groups (youth, economically active population) in the implementation of state legal policy in the field of education and entrepreneurship. The use of such a form of state influence will make it possible to create social entities that will carry out economic acts (pursue economic policies, develop regulatory and local acts) and social activities. The applied aspect of such work will be used in the field of corporate, competitive, business law in the exercise of economic activity by the subjects. Further research may be related to the analysis of legislation and local acts in the field of regulation of merger transactions, as well as corporate and competition law. The results obtained can be used in the lawmaking process in reforming private law and business law as well as in the implementation of state legal policy in the field of business activity. Application of the formulated proposals will allow legitimize the actions of public authority in the sphere of politics and economics. The work is intended for specialists in private and public law as well as specialists who carry out legislative activities in the field of legal regulation of entrepreneurial activity.

The article considers the role of research activities in the process of training students of higher educational institutions studying in the field of «Jurisprudence», determines its impact on the formation of competencies in accordance with the requirements of the Federal state educational standard and the further competitiveness of graduates. The authors identify the main factors that reduce the level of involvement of students in research activities, and propose measures to improve the efficiency and effectiveness of research on the example of RSUE.

The article analyzes the issues of establishing and changing the boundaries of the balance of ownership and operational responsibility of heat, water and electricity networks of apartment buildings.

The article deals with some existing problems in the field of inheritance of the total share in the property left after the testator. The author emphasizes the pronounced role of the state in the sphere of protection of the interests of two parties - the heir and the testator. References are made to the main rules in this direction. Tips to help you avoid some problems if you are either in the role of the testator or the heir.

In the legal literature there are many studies on labor migration in the world. Some authors consider the causes of this phenomenon, others point to the positive results of the migration policies of individual countries, others explore new aspects of labor migration in connection with active globalization processes and crises in individual states. In connection with the multi-abstractness of modern labor migration, it’s not the fact of the resettlement of people or its causes that is of particular importance, but their full-fledged unity with the society and government processes that they face in the new place of residence and in the workplace. In this regard, this article focuses on the study of the adaptation and integration of migrant workers.

The article analyzes the legislation of the Russian Federation in the field of arms trafficking. The authors presented various ways to counteract unlawful arms trafficking in the country. It is noted that the state has an extensive legal framework for organizing countering illicit arms trafficking, but the need for international cooperation in this area is stressed. The relevance of the problem is quite high and, in this regard, the conclusion is justified on the need to apply a comprehensive policy in the field of countering illicit arms trafficking.

The article discusses the issues of delimitation of related compositions of the considered incidents related to the use of vehicles.

The relevance of studying extremism in modern Russian society is due to the significance of the danger that extremism represents to the national interests and security of the Russian Federation. Minding this countering extremism should be one of the priorities of the Russian state. Nationalism as a phenomenon of modern reality is primarily associated with the processes of formation of a nation and statehood and as a result features of the manifestation of nationalism associated with the time, place and specific circumstances of the demonstration of nationalist and extremist attitudes are associated with these processes.

The execution of criminal penalties is carried out in accordance with recognized norms of international law and constitutional guarantees of human rights and freedoms. Human life is of particular value, it is among the inalienable rights which protection is a priority of the activities of government bodies and officials in the exercise of their powers. The level of ensuring the rights and legitimate interests of convicts is important in assessing the effectiveness of national criminal justice.

The development of public relations generates a process of change in positive law. This process is not always clearly perceived and gives rise to many discussions. This is the way the implementation of the norms of international law in the field of the enforcement of criminal sentences is currently taking place. In this connection a comparative legal analysis of some provisions is of interest.

World practice shows that human trafficking and the exploitation of human labor is one of the most dynamically developing activities of transnational organized crime. It is noted that high incomes with minimal costs attract more and more people to international criminal communities.

In the present article the author analyzes the category of "intent" in criminal law in its historical and legal development. The design of intent is built by reflecting in it the intellectual and volitional elements, each of which has its own structural components. The material systematized in the article allowed the author to draw a conclusion about the need to adjust not only judicial practice, but also criminal legislation. With the aim of improving such categories as "intent", the author proposes the deletion of part 3 of article 25 of the criminal code are unnecessary phrases that characterize his strong point: "treat them with indifference”

The article is devoted to the study of the historical laws of corruption processes in different time periods of the development of human society. The article gives examples of the existence of the pernicious phenomenon of corruption in the time interval from ancient times to modern times with a breakdown into eras. The author reproduces the relationship of historical personalities, society and state institutions in the era of antiquity, the dark ages, the early and late Middle Ages, the era of rebirth, new and modern times. From the historical aspect the author smoothly takes the reader to the question of researching corruption in the socio-economic aspect. The article presents a number of conditions and prerequisites for the emergence of corruption in the social and economic spheres. The relevance of this work is manifested in the understanding of corruption determinants as well as drawing conclusions that have practical significance for the law enforcement of modern times.

Task: latest criminal procedural legislation analysis of the norms of the near abroad states which regulates the production of special investigative (search) actions. Methodology: system-structural approach; comparative law. Results: a proposal is made to introduce the institution of special investigative actions into the future of Russian criminal procedure legislation.

In the presented article an analysis of international acts regulating countering illicit arms trafficking was carried out. The authors concluded that illicit arms’ trafficking is now beyond the borders of individual states and the international aspects of countering this crime are of particular importance. At the same time, the international legal framework for countering illicit arms trafficking is constituted by special acts on these issues and acts from related fields of activity that can influence the circulation of weapons.

The article presents and describes the modern innovative possibilities of using technical means of information transmission, excluding light and sound unmasking, to ensure the organization of interaction of the internal Affairs bodies, Rosguards and other security forces involved in counter-terrorism measures, as well as to ensure the personal and collective security of the special purpose units. In particular, the article describes the technical characteristics of a special bracelet, functionally designed to solve these problems, as well as the features of its operation in normal mode and in the event of an emergency situation requiring rapid response.

The article discusses the role and place of prosecutorial oversight of the execution of laws in criminal proceedings on crimes related to the legalization (laundering) of money or other property acquired by a person as a result of his committing a crime, countering the legalization of proceeds from crime. The work also deals with the tasks of organizing prosecutorial oversight, which are established by international legal acts in the field in question. To accomplish these tasks, the prosecution authorities must have a clear plan for the organization of supervision, which largely determines the effectiveness of the detection of offenses.

Recent changes in the Russian economy are accompanied by mass liquidation of unscrupulous participants in the banking sector. These processes are the result of inspections initiated by the Bank of Russia. Meanwhile a whole range of managers of commercial banks are being investigated in criminal cases related to fraud, illegal banking activities, misappropriation or embezzlement. When investigating crimes committed in the credit and banking sector, it is often necessary to apply specialized economic knowledge, including knowledge of finance, credit, and accounting for financial institutions. The article discusses various forms of using specialized forensic knowledge, i.e. audit, inspection, inventory taking and forensic lending investigation. The grounds for their implementation, their purpose and scope are explained. The information will contribute to the effective use of specialized economic knowledge and more thorough investigation of this category of criminal cases. A unified methodological approach is critical to obtaining objective and scientifically sound results in forensic practice. Such an approach ensures that different practitioners working with the same physical evidence will obtain comparable results. This, in turn, guarantees that the most important principles of forensic science are upheld, namely, that examinations are conducted objectively, comprehensively and exhaustively, with the possibility of further verification of reliability and validity of the expert’s conclusions. In this regard, standardization and harmonization of scientific methodologies supporting forensic operations are the cornerstone of the reform of the modern institution of forensic science in the Russian Federation, as well as an integral part of the judicial reform. The current state of methodological support in the system of state and non-state forensic science organizations in Russia is analyzed. The author presents the case for mandatory certification of forensic methods and proposes a range of measures to advance the harmonization of forensic methodologies in forensic practice.

The article deals with the problem of building a risk management system in the field of road safety. The author proposed the formation of a risk management system based on a programmatic approach. The principles, purpose, objectives of risk management in the field of road safety are highlighted. The role of emergency situations when determining road safety risks is noted.