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Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science最新文献

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CONDITIONED DEPOSITING AGREEMENT (ESCROW AGREEMENT) AND PROPERTY DEPOSITING WITH THE NOTARY 有条件的存款协议(托管协议)和财产与公证人的存款
Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-3(2)-96-102
Y. Dorofeeva
The article is devoted to the correlation between the conditioned depositing agreement (escrow agreement) and the institution of depositing property at the notary’s. The mechanism of depositing money or securities payable by a debtor with the notary is also considered in terms of differentiation of the mechanism from both the escrow agreement and depositing of movable things, non-cash funds or non-documentary securities with the notary. The purpose of the work is to identify the similarities and differences between the contract of conditioned depositing of property and the depositing of property by a notary. The results obtained provide for an opportunity to handle the issues associated with the limits of the subsidiary application of legal norms covering the escrow agreement in regard to relations arising with depositing property at the notary’s.
本文探讨了有条件的存管协议(托管协议)与公证处财产存管制度之间的关系。将债务人应付的货币或有价证券存入公证处的机制也被认为是区别于托管协议和将动产、非现金资金或无证证券存入公证处的机制。本研究的目的在于找出有条件财产交存合同与公证财产交存合同的异同。所取得的结果提供了一个机会,以处理涉及在公证处存放财产所产生的关系方面的代管协议的法律规范的附属适用的限制有关的问题。
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引用次数: 0
SOME PROBLEMS OF DRAWING UP THE PROTOCOLS AND ATTRACTION TO THE ADMINISTRATIVE RESPONSIBILITY BY THE FEDERAL AUTHORITY ON THE BASIS OF THE TRANSFER OF AUTHORITIES AND PERSPECTIVES ITS REFORMED 在权力移交的基础上,制定联邦政府行政责任的议定书和吸引问题及其改革前景
Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2020-6-2-368-382
E. Evsikova, V. L. Ogol
The article analyzes and reveals the prerequisites that necessitated a radical processing and reform of the administrative-tort legislation of the Russian Federation, the author studies the Concept of the new Code of the Russian Federation on administrative offenses and substantiates the need to adopt a new Code of the Russian Federation on administrative offenses. The article examines the theoretical and practical problems of bringing to administrative responsibility in the Russian Federation and the constituent entities of the Russian Federation. So, one of the key problems today remains the lack of agreements on the transfer of authority to draw up protocols on administrative offenses that encroach on public order and public safety, provided for by the laws of the constituent entities of the Russian Federation, which are officials of the internal affairs (police) if transfer These powers are provided for by agreements between the federal executive body, which carries out functions for the development and implementation of state policy and legal regulation in the field of internal affairs, and executive authorities of the constituent entities of the Russian Federation on the transfer of the exercise of part of their powers. So, most of the draft agreements have been returned for revision with suggestions and comments, including those related to the absence in the regional legislation of the specifically prescribed powers of regional executive authorities to draw up protocols, the transfer of which is provided for by agreement between the relevant executive authorities of different levels.
文章分析和揭示了俄罗斯联邦行政侵权立法进行根本性改革的先决条件,研究了新的俄罗斯联邦行政犯罪法的概念,并论证了制定新的俄罗斯联邦行政犯罪法的必要性。本文探讨了在俄罗斯联邦和俄罗斯联邦的组成实体中引入行政责任的理论和实践问题。因此,今天的关键问题之一仍然是缺乏关于权力移交的协议,以起草侵犯公共秩序和公共安全的行政犯罪议定书,这是由俄罗斯联邦组成实体的法律规定的,这些实体是内务官员(警察),如果转移这些权力是由联邦执行机构之间的协议规定的,它履行制定和实施国家政策和内部事务领域法律法规的职能,以及俄罗斯联邦各组成实体移交部分权力的执行机关。因此,大多数协定草案都被退回进行修订,并提出了建议和意见,其中包括与区域立法中没有具体规定区域行政机关制定议定书的权力有关的建议和意见,这些权力的移交是由不同级别的有关行政机关之间的协议提供的。
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引用次数: 0
CIVILISTIC METHODOLOGY: THE CONCEPT AND MAIN STAGES OF DEVELOPMENT 文明方法论:概念及其发展的主要阶段
Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-3(2)-103-114
O. Latynin
The article offers a broad understanding of the civilistic methodology and provides a brief description of the main stages of its formation and development. Periodization is considered using historical and structural-functional criteria. The nonlinear connection between civilistic science and civilistic methodology is substantiated, the possibility of a scientific approach to determining the stages of development of civilistic methodology is proved. The features of civilistic methodology in the context of classical, non-classical and post-classical types of scientific rationality are revealed.
本文对文献学方法论进行了广泛的认识,并对其形成和发展的主要阶段进行了简要的描述。使用历史和结构-功能标准来考虑分期。论证了民学与民学方法论之间的非线性联系,证明了用科学方法确定民学方法论发展阶段的可能性。揭示了文明方法论在科学理性的古典、非古典和后古典背景下的特点。
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引用次数: 0
BONA FIDE ACQUISITION OF UNENTITLED PERSONS: ANALYSIS OF THE CONCEPT AND SYSTEM OF LAW ENFORCEMENT PRACTICE 无权利人善意取得:执法实践的概念与制度分析
Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-3(2)-74-81
N. Ablyatipova, I. Volkova
The article studies the institution of conscientious acquisition, the conditions for recognizing the person in the conscientious acquirer, enshrined in civil law and the positions of the highest courts. Analyzing the concept of a bona fide acquirer, the authors highlighted signs of good faith, established the main conditions necessary to effectively protect violated law. The authors analyzed the peculiarities of consideration by the courts of affairs on the recognition of a person with a conscientious acquirer and circumstances affecting the adoption by the courts of decisions about meeting the claims of applicants or refusal to satisfy them. Based on the analysis of the current civil legislation and judicial practice, a number of conditions are formulated under which the acquirer will be recognized as conscientious, which will prevent the emergence of such violations, as well as expand the possibilities of restoring violated rights.
本文研究了良心取得制度、民法规定的良心取得人的认定条件以及最高法院的立场。分析了善意受让人的概念,强调了善意的标志,确立了有效保护违法行为的主要条件。作者分析了事务法院对承认一个有良心的买方的人进行审议的特点,以及影响法院通过关于满足申请人要求或拒绝满足申请人要求的决定的情况。在对当前民事立法和司法实践分析的基础上,提出了认定买受人有良心的若干条件,既防止了此类侵权行为的发生,又扩大了被侵害权利恢复的可能性。
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引用次数: 0
APPLICATION OF THE ANALOGY OF THE LAW TO CIVIL RELATIONS 法律类比在民事关系中的适用
Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-3(2)-66-73
L. S. Abdullaev
The article substantiates the need to pay great attention to the content of paragraph 1 of Article 6 of the Civil Code when applying the analogy of the law to civil legal relations. As for those cases where the grounds for applying the norms of civil law by analogy are incomplete or unsuccessful. If there is a lack of completeness or failure of legislative wording, the way out should not be sought in a deviation from the letter of the law, but in the search for those legislative provisions that are subject to preferential application before paragraph 1 of Article 6 of the Civil Code. Such legislative provisions include Article 11 of the Civil Procedure Code and Article 13 of the Agro – Industrial Complex. However, in the scientific literature, the means of resolving conflicts between Article 6 of the Civil Code, on the one hand, and Article 11 of the Civil Code and Article 13 of the Agro – Industrial Complex, on the other, are never considered. The article attempts to separate these collisions. At the same time, the methodological tools developed by the Crimean Legal Scientists are used.
本文论证了将法律类比适用于民事法律关系时,应特别注意《民法典》第六条第一款的内容。对于类比适用民法规范理由不全或不成功的案例。立法措词不完整或不完备的,不应偏离法律条文,而应寻求民法典第六条第一款以前优先适用的立法规定。这些立法规定包括《民事诉讼法》第11条和《农工联合体法》第13条。然而,在科学文献中,解决《民法典》第6条与《民法典》第11条和《农工综合体》第13条之间冲突的方法却从未被考虑过。本文试图区分这些冲突。同时,使用了克里米亚法律科学家开发的方法论工具。
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引用次数: 0
ISSUES OF COMBATING ORGANIZED CRIME 打击有组织犯罪的问题
Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-2-281-285
Y. B. Obolensky
The paper analyzes the authors ‘ opinions on the definition of the concept of «organized crime», as well as measures aimed at countering this phenomenon. The article describes the international normative legal acts that provide for measures to counter organized crime. The author’s position on the definition of this concept, as well as the main measures to counter this phenomenon, is indicated.
本文分析了作者对“有组织犯罪”概念界定的看法,以及针对这一现象的对策。该条描述了规定打击有组织犯罪措施的国际规范性法律行为。作者对这一概念的定义提出了自己的立场,并指出了应对这一现象的主要措施。
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引用次数: 1
CTS OF SEXUAL ABUSE THROUGH THE USE OF INTERNET 通过互联网对CTS进行性虐待
Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-1-146-153
O. Skvortsova, D. D. Makarenko
The article is devoted to the analysis of one of the crimes that infringe on sexual immunity of minors — acts of sexual abuse through the use of Internet resources. The mechanisms of committing acts of sexual abuse against persons under the age of sixteen years through the use of Internet are considered. The questions of qualification of acts of sexual abuse through the use of Internet are investigated. The main problems of identifying such criminal acts for bringing to responsibility and developing means of protection against them, as well as possible ways to resolve them, are outlined.
本文通过网络资源分析侵犯未成年人性豁免权的犯罪之一——性侵害行为。审议了通过使用互联网对16岁以下的人实施性虐待行为的机制。对利用互联网实施性侵犯行为的资格问题进行了调查。概述了查明这类犯罪行为、追究其责任和制定防范这些犯罪行为的手段以及解决这些犯罪行为的可能方法的主要问题。
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引用次数: 1
INSTITUTE OF MIGRATION AMNESTY AS INSTITUTE LAW ENFORCEMENT: CONCEPTS AND CLASSIFICATION 移民大赦研究所与执法研究所:概念和分类
Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-3(1)-270-276
K. Trifonova
The article is devoted to the study of the institution of migration amnesty in modern conditions in the context of law enforcement. The author conducts a theoretical and legal analysis of the institution of law enforcement, highlighting migration activity as one of the areas. The author substantiates the need for a migration amnesty at the present time, taking into account the coronavirus pandemic. The article provides a detailed classification of migration amnesties, which allows identifying features through the prism of the content of each type.In conclusion, the author comes to the conclusion that the institution of migration amnesty is an effective tool for solving many migration problems.
这篇文章致力于在执法的背景下研究现代条件下的移民大赦制度。作者对执法机构进行了理论和法律分析,突出了移民活动作为其中一个领域。提交人证实,考虑到冠状病毒大流行,目前有必要大赦移民。本文提供了迁移赦免的详细分类,它允许通过每种类型的内容的棱镜来识别特征。最后,笔者得出结论,移民大赦制度是解决许多移民问题的有效工具。
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引用次数: 0
TO THE QUESTION OF IMPROVING THE LEGISLATION IN THE SPHERE OF ESTABLISHING ADMINISTRATIVE RESPONSIBILITY FOR VIOLATION OF THE SILENCE AND REST OF CITIZENS 关于完善违反公民沉默权和休息权行政责任的立法问题
Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-3(2)-22-34
E. Evsikova, A. V. Ponomarev
The article reveals and examines the regulatory framework for the regulation of ensuring the rights of citizens to peace and quiet in accordance with the administrative-tort legislation of the Republic of Crimea. The authors reveal the compositions of offenses provided for by the administrative-tort legislation of the Republic of Crimea in the sphere of citizens’ rights to peace and quiet, study the qualifying signs, system and gradation of administrative punishments for offenses in the studied area. The authors emphasize the need for a clear understanding of the delimitation of the jurisdiction of federal and regional administrative and tort legislation in the field of ensuring the rights of citizens to the sanitary and epidemiological well-being of the population and the rights of citizens to peace and quiet, analyzing the statistical data of the Judicial Department under the Supreme Court of the Russian Federation and law enforcement practice in this sphere of legal relations, on the basis of which a conclusion is made about the progressive dynamics of the administrative-tort situation in the Russian Federation as a whole, on the basis of which it is concluded that there is a need for high-quality legislative regulation of all key aspects related to administrative responsibility for violating the peace and quiet of citizens. Based on the analysis, the authors develop their proposals to ensure better legal regulation of ensuring the rights of citizens to peace and quiet at the level of administrative and tort legislation of the Republic of Crimea, as well as ensuring the rights of citizens to sanitary and epidemiological well-being of the population at the level of administrative and tort legislation. The Russian Federation as a whole.
本文根据克里米亚共和国的行政侵权法,揭示并考察了保障公民安宁权的规制框架。揭示了克里米亚共和国行政侵权法在公民安宁权领域规定的违法行为构成,研究了克里米亚共和国行政侵权法对违法行为的限定标志、行政处罚的制度和等级。作者强调,在确保公民享有人口卫生和流行病福利的权利以及公民享有和平与安宁的权利方面,必须明确了解联邦和地区行政和侵权法的管辖权界定,并分析俄罗斯联邦最高法院司法部门的统计数据和这一法律关系领域的执法实践。在此基础上对整个俄罗斯联邦行政侵权情况的进步动态作出结论,在此基础上得出结论认为,需要对与侵犯公民和平与安宁的行政责任有关的所有关键方面进行高质量的立法管制。在此基础上,作者提出了建议,以确保在克里米亚共和国的行政和侵权立法层面更好地确保公民享有和平与安宁的权利,以及在行政和侵权立法层面确保公民享有人口卫生和流行病健康的权利。整个俄罗斯联邦。
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引用次数: 0
LEGAL REGULATION OF LAND PURCHASE FOR PUBLIC NEEDS IN THE GRAND DUCHY OF FINLAND 芬兰大公国公共用地购买的法律规制
Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-2-18-25
A. Gauck
The article deals with the features of the legal regulation of the seizure (redemption) of land and buildings located on it in the Grand Duchy of Finland for the purpose of using it for public needs (cities, settlements), eliminating crowding of buildings to improve fire safety, as well as for the construction of navigable channels, tracks and other railway structures. It is indicated that in Finland during this period, such processes took place based on a special decree of December 12, 1864. This document guaranteed the owners of the seized property the payment of its full value, and the process itself was quite democratic, with the invitation of appropriate specialists. In cases of litigation, they were decided by local courts
本文论述了芬兰大公国为满足公共需要(城市、定居点)而征用(赎回)土地和建筑物的法律规定的特点,消除建筑物拥挤以改善消防安全,以及用于建设通航通道、轨道和其他铁路结构。据指出,在这一时期的芬兰,这些进程是根据1864年12月12日的一项特别法令进行的。这份文件保证被扣押财产的所有者得到其全部价值的支付,过程本身是相当民主的,并邀请了适当的专家。在诉讼案件中,由地方法院裁决
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引用次数: 0
期刊
Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science
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