Vol 3, No 3 (2016)

Articles
Legal support of economic reforms
Lisitsyn-Svetlanov A.G.
Russian Journal of Legal Studies (Moscow). 2016;3(3):7-12
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Economics as a kingdom without-law
Osipov Y.M.
Abstract
Considered old as she European science, the problem of laws (laws) in the economy, but with an accent, is not typical for the economy, especially today, already postmodern, their iniquity, and his successful confrontation and opposition to the «law», which is quite logical places recently, under the reasonable and radical doubt
Russian Journal of Legal Studies (Moscow). 2016;3(3):13-18
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The phenomenon of the criminalization of the economy: the concept, relationship with reforms and legislation
Kolesnikov V.V.
Abstract
Using the methods of economic criminology, the author explains the meaning of the concept of «criminalization of the economy» and «criminalization of the economic relations» and shows the interconnection of these phenomena with economic processes and legislation.
Russian Journal of Legal Studies (Moscow). 2016;3(3):20-33
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New trends in the modern understanding of economical relations regulation by economical and legal laws
Vasiliev A.V.
Abstract
There are issues of economical relations regulation by economical and legal laws examined in the article. Economical laws are the main. The legal one must agree with it. Otherwise there are problems and economical recessions emerging in the economy. There are some proposals on non-admission of these negative developments formulated.
Russian Journal of Legal Studies (Moscow). 2016;3(3):34-37
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THe possibilities of the criminal code and criminal policy in overcoming the economic crisis
Kostrova M.B.
Abstract
It is stipulated that the possibilities of the criminal law in overcoming the economic crisis are limited, which is caused by the branch specificity of its subjects, the methods, tasks and functions. Determines the possibility of increasing the capacity of the criminal law to overcome the economic crisis. We analyze one of the areas of cooperation between the economy and legal policy - law-making in the field of criminal policy in the context of limited budget resources. On the basis of modern approaches to the financial and eco- nomic feasibility «anti-crime» bills it concludes that currently exists deliberate incompleteness of calculating the budget allocations for the implementation of inter-related components of the criminal policy, offered solutions to the identified problems.
Russian Journal of Legal Studies (Moscow). 2016;3(3):38-41
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«Enterprise Law» - from fiction to real branch of the law
Aistova L.S.
Abstract
This article is devoted to problematic issues of market economy in the country. Revealing essence of business activity, her types, the questions of need elaboration and adoption of the Enterprise code is raised. Through of critical analysis of the courses of on enterprise (business) and commercial law read in educational institutions of the country, the author offers the vision of the Enterprise (business) code.
Russian Journal of Legal Studies (Moscow). 2016;3(3):42-52
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«Welfare state» versus ideological matrix of «monetary civilization» (about the problem of state construction in present-day Russia)
Abramova M.G.
Abstract
The author offers a thorough analysis of the politico-legal component of capitalism and arrives at the conclusion that its foundations are based on the legal, moral, ethical values and political concepts of Western Christianity. It was liberal ideologists who borrowed the ideas about the so-called «sacred» role of monies and denial of the nation-state concept from this world picture where the ‘common law’ played the central role. The author juxtaposes this ideological matrix of the ideocratic state concept tabled by Russian Eurasian philosophers (on the one hand) and the doctrine set forth by the neoliberal law experts at the beginning of the XX century with their idea of «a welfare state» (on the other hand).
Russian Journal of Legal Studies (Moscow). 2016;3(3):53-62
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Criminally-legal characteristic of crimes in the sphere of economy
Prorvich V.A.
Abstract
The article deals with the problem of disclosure reports blanket criminal law on crimes in the economic field with the ap- plication of the provisions of the civil and special legislation. Shows the role proper shaping their expanded criminal characteristics special methodical support based on the specifics of subject-object and subject-subject relationship persons involved in crimes. Keywords: crime in the sphere of economy, blanket dispositions, subject-object and subject-subject relationship, thesauri.
Russian Journal of Legal Studies (Moscow). 2016;3(3):63-72
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Acts of the Eurasian Economic Commission as a source of law EAEC
Bakaeva O.Y.
Abstract
The article defines the place of the Eurasian Economic Commission on the system of supranational bodies of the Eurasian Economic Union, designated its structure. We analyze the procedure for the adoption of decisions of the Eurasian Economic Com- mission, acting as the source of the EAEC law. Particular attention is paid to the mechanism of public debate and regulatory impact assessment when making such decisions. It draws conclusions about the advisability of strengthening the status of the Commission.
Russian Journal of Legal Studies (Moscow). 2016;3(3):73-76
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Legal value of law in the context of the theory of the power (new approach)
Belyaev V.P., Horoshiltsev A.I.
Abstract
In article new approach to concept of value of law is considered. Along with the social, tool and own value of law, it is offered to allocate legal value of law. The legal value of law is investigated in relation to the theory of the power.
Russian Journal of Legal Studies (Moscow). 2016;3(3):77-80
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Law environment: post-classical interpretation
Skorobogatov A.V., Krasnov A.V.
Abstract
Article is devoted to research of law environment as one of components of law reality. On the basis of post-classical method- ology the conclusion is drawn that the law environment, representing the complete complex of the law phenomena, actions and events, interrelations and relations caused by objective regularities of humanity development, conscious and constantly designed (recreated) by individuals, local communities and society in general which can be used for achievement of definite purposes, satisfaction of re- quirements and interests or realization of claims, characterizes the extent of aspirations, creative energy and real law actions of the subject (the individual, local community, society in general, the state) in a certain existential continuum and defines borders of life of the individual in law reality.
Russian Journal of Legal Studies (Moscow). 2016;3(3):81-88
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Noosphere of Education and Justice
Shulevskij N.B., Zotova E.S.
Abstract
The article researches the general teleology of education and justice. The author reveals theses which adequately represent a problem and approach to its decision: 1) in earthy life it’s possible relative justice only, and absolute justice is guaranteed by the death only; 2) relative justice is adequately expressed, embodied, works in education and by means of education in which substance of humanity and its sacral image is created, stored and reproduced; 3) a globalism imposing an american education project, destroys substance and the image of humanity replacing them with neopagan barbarity and impudent injustice.
Russian Journal of Legal Studies (Moscow). 2016;3(3):89-96
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Development of the constitutional provisions about balance public and private interests when land use in the acts of the land legislation
Lipski S.A.
Abstract
The article discusses the main acts of the federal land legislation, in which has been further developed constitutional provi- sions about balance public and private interests in land use. The author states that over the last decade, acts that ensure the reasonable land use has not received adequate development, and many of the rules (and some laws) adopted at the turn of XX-XXI centuries, has lost its force. As a result, the ratio of private and public interests in the modern land law became slightly other. Relevant constitutional provisions have the potential for their further development.
Russian Journal of Legal Studies (Moscow). 2016;3(3):97-102
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Private and public law: mordern views on the problem of defenition and division
Guryanova V.V.
Abstract
In the article is considered the interest in the norm of law as objective criterion of the division of the law to private and public. Author proposes to determine these areas of law in the following way. Public law is complex of the rule of law which governs the behavior model of subjects for the implementation and protection of the state, national, international interests. Private law is complex of the rule of law which establish the model of behavior of subjects in order to implementation and protect the interests of individuals and organization, not only at national but also at international level.
Russian Journal of Legal Studies (Moscow). 2016;3(3):103-110
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The legal qualification of transactions for tax purposes
Sentsova (Karaseva) M.V.
Abstract
In the clause it is underlined that quite often the rights of tax payer are demanded by protection in connection with wrong qualification of the transactions made by the tax payer. The drawbacks of the qualifications take place in activity of tax departments and courts.
Russian Journal of Legal Studies (Moscow). 2016;3(3):111-116
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The problems of delineation of hierarchical systemic-structural divisions of civil law
Luneva E.V.
Abstract
The present article is devoted to the analysis of the approaches used for the differentiation of the vertical systemic-structural divi- sions of the civil law. It concludes that the problems of vertical separation of systemic-structural divisions of civil law are: insufficient number of names of those divisions, lack of clear standardized classification criteria for their differentiation and lack of full scientific study of the rela- tion of «traditional» systemic-structural divisions with the «instrumental» systemic-structural divisions of the civil law.
Russian Journal of Legal Studies (Moscow). 2016;3(3):117-121
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Forming a leading stratum of society in the democratic state
Antonov V.F.
Abstract
This article is dedicated to theoretical problems of forming a leading stratum of society in the democratic government. Inter- national experience shows that domestic policy of the democratic government is aimed at supporting stratification and differentiation of society, based on the need to provide public administration mechanisms. This is connected with providing power to public servants, judges, officers and others.
Russian Journal of Legal Studies (Moscow). 2016;3(3):122-126
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Legal mechanisms of economic and socio-cultural adaptation of migrants in foreign federative states: problems and solutions✳
Mishunina A.A.
Abstract
The article examines the main trends in the development of immigration legislation in the federal states, focusing on the cur- rent state of the legal regulation of the adaptation and integration of migrants and on the basis of the relevant Canadian experience offers prospective directions of its use in the Russian Federation. The issues of the division of powers between the various levels of public authority in the field of adaptation and integration of foreign nationals in a federal state. The issues of the division of powers between the various levels of public authority in the field of adaptation and integration of foreign nationals in a federal state. The problems of legal regulation of the processes of adaptation and integration of foreign nationals, the ratio of legal mechanisms used to attract quali- fied foreign specialists. The priority of the legislative regulation of immigration policy in the Russian Federation, the author sees the need for a clearer division of powers between the various levels of public authority in the field of adaptation and integration of migrants, taking into account the specifics of economic development, historical, demographic, and other local conditions of each of the Russian Federation for the most effective engagement and use in their territory external migration resources.
Russian Journal of Legal Studies (Moscow). 2016;3(3):127-131
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Borrowed labour and untypical employment forms
Potapova N.D.
Abstract
The article is dedicated to the analysis of prohibition of borrowed labour and problems of legal regulation untypical employ- ment forms. In particular, the author focuses on provisions of contract submitting of employee labor.
Russian Journal of Legal Studies (Moscow). 2016;3(3):132-137
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Illegal employment: problems to prosecute subjects of labor relations
Galaeva L.A.
Abstract
He article investigates the issues related to the regulation of administrative - legal responsibility of subjects of labor relations for failure to conclude an employment contract. Readers are invited to the author’s understanding of forms of illegal employment. As a result of the legal analysis of the issue justified by the need to improve existing labor laws relating to the conduct unscheduled inspections
Russian Journal of Legal Studies (Moscow). 2016;3(3):138-143
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Freedom of competition as an object of criminal legal protection
Akopdzhanova M.O.
Abstract
The subject of this research is to study the legislative construction of criminal-legal protection of freedom of competition, its role and importance for economic development of society.
Russian Journal of Legal Studies (Moscow). 2016;3(3):144-146
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Criminally-legal counteraction illegal production medicines and medical devices: the object and the subject of crime
Firsov I.V.
Abstract
The article is devoted to the controversial issues of crime object, formulated in art. 2351 CC. In it the author defined genera, species, direct object and subject of the illegal production of drugs and medical devices.
Russian Journal of Legal Studies (Moscow). 2016;3(3):147-155
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To a question about the use of the definitions in the construction of the criminal law provisions on liability for environmental crimes
Timoshenko Y.A.
Abstract
The article examines the feasibility of using such reception as a legislative technique Defining the design of criminal law, providing for liability for environmental crimes. The basic requirements for the formulation of definitions and methods of presentation of definitions in the text of the criminal law.
Russian Journal of Legal Studies (Moscow). 2016;3(3):156-161
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Crimes and offences in the sphere of monetary circulation
Minnivaleev T.N., Minnivaleeva A.N.
Abstract
The paper examines theoretical issues of crimes and offenses in the sphere of monetary circulation. Investigates the concept of monetary circulation, the brief description of the main types of offenses and crimes in this sphere. The authors point out that the responsibility for violation of money circulation and payments provides for administrative, civil, financial and criminal law. Given the systematization of the basic rules of law relating to crimes and offences in this sphere. Defined the concept of categories of monetary circulation and its role in economic and legal science. Also, the category of monetary circulation is considered from positions of the Constitutional Court of the RF. The peculiarities cash and cashless monetary circulation and money turnover concept. The authors discuss the Foundation of financial responsibility and its contrast to administrative and criminal responsibility. The authors indicate that the main distinguishing feature for financial responsibility - law recovery character. The authors note that given the importance of the sphere of monetary circulation, its tremendous importance to the economy, to solve social problems, but also to ensure the fi- nancial stability of the state is necessary and appropriate to develop the Institute of state and legal coercion in the sphere of monetary circulation, to expand and systematize its contents.
Russian Journal of Legal Studies (Moscow). 2016;3(3):162-167
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New crime reality as a result of the new socio-economic conditions of development of Russia
Sitkovsky A.L., Latov Y.V.
Abstract
General characteristics of long-term changes of the criminal situation in Russia, 2000-2010-ies. By analogy with the concept of«new economic reality» used to describe the current conditions of national economic development, proposed the concept of «new criminalreality». It is, on the one hand, the completion of overcoming the catastrophic consequences of the transformational crisis of the 1990s (thereturn of criminal homicide to the level of the 1980s, the decline of threats of terrorism), and on the other hand, the growth of the valuesof the new criminal challenges and threats. Most important among these new challenges and threats - cybercrime, the crime of migrantsand institutional corruption. Stressed economic determinism new criminal threats and challenges, the growth of which is associated notso much with the failures of the Ministry of internal Affairs, as with the systemic transformation of socio-economic institutions in Russiaand around the world. The article used data from the departmental statistics of the MVD of Russia.
Russian Journal of Legal Studies (Moscow). 2016;3(3):168-174
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Peculiarities of terrorism financing in the North Caucasus
Dobaev I.P., Dobaev A.I.
Abstract
The article shows the basic sources of terrorism financing in the world and in the North Caucasus. It is shown the interdependence between modern terrorism financing, globalization of economy and the transfer to the network principles of organization of terrorist groups. The research work gives the broad picture of evolution of network terrorism financing in the North Caucasus. The main tendency that centers on the reduction of outer sources and simultaneously increase, diversification of inner sources, development of the system of total extortion, that is motivated as so called «tax on Jehad» is analyzed.
Russian Journal of Legal Studies (Moscow). 2016;3(3):175-183
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Some aspects of combating human trafficking
Guzeeva O.S.
Abstract
Difficulties combating human trafficking due not only to the transnational character and widespread proliferation of new forms of trafficking in persons (in addition to sexual exploitation): forced labor, begging, forced surrogacy, organ and tissue transplantation, forced adoption / adoption, use in armed groups, but also the difficulties qualification of crimes under Art. 127.1 of the Criminal Code
Russian Journal of Legal Studies (Moscow). 2016;3(3):184-188
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Quantitative and qualitative characteristics of criminological characteristics of fraud in commodities and credit sector
Mikhailovskaya Y.V.
Abstract
In this article fraud in commodity and credit sector has been studied as a separate group of crimes. This group contains crimi- nal acts causing considerable damage to commodity and credit relations. Author’s definition of criminological characteristic of fraud in commodity and credit sector has been given. Quantitative and qualitative characteristics of the crime in question have been defined and distinguished.
Russian Journal of Legal Studies (Moscow). 2016;3(3):189-196
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The problem of attracting to criminal liability for committing tax crimes
Titova V.N.
Abstract
The article discusses the reasons for the significant reduction of criminal cases on tax crimes in the court with the indict- ment and the low level of compensation for this category of crimes, made concrete proposals for improving the existing legislation to change the situation.
Russian Journal of Legal Studies (Moscow). 2016;3(3):197-204
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The limits of free evaluation of evidence in criminal cases
Tymoshenko A.A.
Abstract
The article deals with the evaluation of evidence procedure in the modern Russian criminal trial in a somewhat unusual context. On the one hand, marking the historical continuity of the law, the author draws attention to the rather wide margin of evalu- ation of evidence, he speaks of the «limitless» possibilities of law enforcer in this matter: he can apply diskrtsiyu in volume, which is necessary in a particular case. On the other hand, the analysis of certain provisions of the Code, and above all his art. 75, testifies to the existence of such restrictions. Among these include: the need to respect the principle of legality, establishing the objective truth of the case, ensuring the rights and freedoms of man and citizen, and, finally, the psychological and subjective factors that make official a slave of your emotions, expressions of individual personality traits. The author of care from the dangers caused by this ambiguous situation, it is proposed to formulate the law of criminal procedure the principle of justice with emphasis on human rights function a judge, prosecutor, investigator and the investigator.
Russian Journal of Legal Studies (Moscow). 2016;3(3):205-211
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Modern structural and methodological approach to the criminalistic doctrine about person
Foygel E.I.
Abstract
The article discusses the necessity for the formation of a qualitatively new criminalistic doctrine of person as a comprehen- sive science of the techniques and methods of producing forensically important information, the source of which is the person and human activity. It contained the main scientific categories - subject, scientific bases, objectives and structure of criminalistic doctrine of person as a special criminalistic theory.
Russian Journal of Legal Studies (Moscow). 2016;3(3):212-218
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Subject of activity of the prosecutor in civil and administrative proceedings as the complex nature of the category
Golovko I.I.
Abstract
The article discusses the features of the content of the object of activity the public prosecutor. It is proposed to consider the subject of nenadzornoy activities of the public prosecutor in connection with the subject of the prosecutor supervision and the complex as a complex category. Private objects are defined activity of the prosecutor in civil and administrative proceedings.
Russian Journal of Legal Studies (Moscow). 2016;3(3):219-224
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The legal scholar Carl Schmitt politics in Weimar Germany (1919-1933)
Baev V.G.
Abstract
The article discusses the life and scientific work of one of the most prominent, controversial and challenging philosophers and jurists of Germany of the end XIX-XX centuries Carl Schmitt. His political and legal views were formed in the area of confrontation and interaction between science and policy. Schmitt taught not only the law but also political science. The policy was organically included in all teaching legal courses. Special emphasis is placed on the relation of Schmitt to democracy and the Weimar Constitution.
Russian Journal of Legal Studies (Moscow). 2016;3(3):225-233
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A new study of the genesis and formation of a federal state. Review of the monograph I.N. Ivshyna «Creation of a federal state»
Chestnov I.L., Bochkarev S.V.
Abstract
The authors of the summary set out the main provisions of the monograph I.N. Ivshyna «Creation of a federal state». The authors point out the relevance of the research topic, the author’s approach, originality, scientific novelty of the main provisions of the monograph. Of particular interest is the work of factual material. The author argues with I.N. Ivshyna on the reasons for the forma- tion of federal states.
Russian Journal of Legal Studies (Moscow). 2016;3(3):234-236
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Review the monography of O.N. Bibik «The crimes caused by features of culture in the Russian and foreign criminal law» - Moscow, Yurlitinform publishing house, 2014. - 296 pages
Klenova T.V., Adoevskaya O.A.
Abstract
The review is devoted to O.N. Bibik’s monography in which actual problems of understanding of interaction and interference of culture, criminal law and criminology are investigated and the new interpretations of criminal and legal concepts and institutes based on cultural and historical psychology are presented.
Russian Journal of Legal Studies (Moscow). 2016;3(3):237-240
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