Pub Date : 2019-01-01DOI: 10.19073/2658-7602-2019-16-4-488-492
V. Sevryugin
{"title":"On the Concept of the New Code of the Russian Federation on Administrative Responsibility: A Brief Commentary on the Bill","authors":"V. Sevryugin","doi":"10.19073/2658-7602-2019-16-4-488-492","DOIUrl":"https://doi.org/10.19073/2658-7602-2019-16-4-488-492","url":null,"abstract":"","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68352301","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.19073/2658-7602-2019-16-2-133-140
D. Bondarenko
Legal Sciences. Abstract. The article contains an analytical review of international legal documents regulating linguistic legal relations in the world and the problems of their legal regulation in Russia. The question of socio-political impor tance of the language policy of the state in a globalizing world is also investigated. Attention is drawn to the lack of proper legal regulation of linguistic legal relations in modern Russia, which was the fundamental reason for the announcement of 2019 – the Year of languages of the Russian Federation. The main attention is paid activities that need to be developed at the present time, taking into account the new organizational and legal op portunities associated with the creation of a new Ministry of Education of the Russian Federation. It is concluded that the main means of achieving an optimal balance between language groups in terms of lin guistic security is the development of bilingual education on the basis of a well-developed system of legislation that provides a clear and understandable mechanism of legal regulation of linguistic legal relations. The improve ment of the system of teaching the Russian language in the educational institutions of the republics that are part of Russia should be carried out exclusively taking into account regional and ethno-cultural peculiarities.
{"title":"International Legal Regulation and Problems of Domestic Legal Regulation of Linguistic Legal Relations","authors":"D. Bondarenko","doi":"10.19073/2658-7602-2019-16-2-133-140","DOIUrl":"https://doi.org/10.19073/2658-7602-2019-16-2-133-140","url":null,"abstract":"Legal Sciences. Abstract. The article contains an analytical review of international legal documents regulating linguistic legal relations in the world and the problems of their legal regulation in Russia. The question of socio-political impor tance of the language policy of the state in a globalizing world is also investigated. Attention is drawn to the lack of proper legal regulation of linguistic legal relations in modern Russia, which was the fundamental reason for the announcement of 2019 – the Year of languages of the Russian Federation. The main attention is paid activities that need to be developed at the present time, taking into account the new organizational and legal op portunities associated with the creation of a new Ministry of Education of the Russian Federation. It is concluded that the main means of achieving an optimal balance between language groups in terms of lin guistic security is the development of bilingual education on the basis of a well-developed system of legislation that provides a clear and understandable mechanism of legal regulation of linguistic legal relations. The improve ment of the system of teaching the Russian language in the educational institutions of the republics that are part of Russia should be carried out exclusively taking into account regional and ethno-cultural peculiarities.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68350011","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.19073/2658-7602-2019-16-2-150-155
Dmitrii E. Zakharov
притязание. Abstract. Traditionally, the bases of civil liability are in the center of attention of legal scholars, which is due not only to their theoretical value, but also to practical importance both for the law enforcer and for any subject of legal relations. The study of the “breach of duty” category as the basis of civil liability for non-performance of a contract under German law is due to the lack of a comprehensive view of its nature and essence. This article attempts to reflect on the theoretical and practical aspects of breach of duty, entailing liability for non-performance or improper performance of the contract. The study of “violation of duty” through the prism of civil liability allows from a scientific point of view to look at the problem of its grounds. The author notes that there are no similar legal constructions in domestic civil law and the understanding of breach of contract as a basis for civil liability, generally recognized in Russian law, is not reflected in German
{"title":"The Breach of Duty as a Basis for Civil Liability for Failure to Comply with the Contract under German Law","authors":"Dmitrii E. Zakharov","doi":"10.19073/2658-7602-2019-16-2-150-155","DOIUrl":"https://doi.org/10.19073/2658-7602-2019-16-2-150-155","url":null,"abstract":"притязание. Abstract. Traditionally, the bases of civil liability are in the center of attention of legal scholars, which is due not only to their theoretical value, but also to practical importance both for the law enforcer and for any subject of legal relations. The study of the “breach of duty” category as the basis of civil liability for non-performance of a contract under German law is due to the lack of a comprehensive view of its nature and essence. This article attempts to reflect on the theoretical and practical aspects of breach of duty, entailing liability for non-performance or improper performance of the contract. The study of “violation of duty” through the prism of civil liability allows from a scientific point of view to look at the problem of its grounds. The author notes that there are no similar legal constructions in domestic civil law and the understanding of breach of contract as a basis for civil liability, generally recognized in Russian law, is not reflected in German","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68350148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.19073/2658-7602-2019-16-2-203-208
N. R. Koreshnikova
{"title":"The Prosecutor's Offices of the Russian Federation and the People’s Republic of China (a Comparative Legal Analysis)","authors":"N. R. Koreshnikova","doi":"10.19073/2658-7602-2019-16-2-203-208","DOIUrl":"https://doi.org/10.19073/2658-7602-2019-16-2-203-208","url":null,"abstract":"","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68350263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.19073/2658-7602-2019-16-2-182-188
Yury V. Kharmaev
{"title":"Revisiting the Victimity of Foreign Citizens of Mongolia, Staying in the Russian Federation","authors":"Yury V. Kharmaev","doi":"10.19073/2658-7602-2019-16-2-182-188","DOIUrl":"https://doi.org/10.19073/2658-7602-2019-16-2-182-188","url":null,"abstract":"","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68350464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.19073/2658-7602-2019-16-2-193-197
S. Zuev, Viktor S. Cherkasov
{"title":"New Rules on Confiscation of Electronics and Copying Information (Article 1641 of the Code of Criminal Procedure Law): The Advantages and Disadvantages of the Novel","authors":"S. Zuev, Viktor S. Cherkasov","doi":"10.19073/2658-7602-2019-16-2-193-197","DOIUrl":"https://doi.org/10.19073/2658-7602-2019-16-2-193-197","url":null,"abstract":"","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68350568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.19073/2658-7602-2019-16-3-270-275
Julia N. Strazhevich, O. Bosyk
{"title":"Order of Share in the Authorized Capital of the Company in the General Ownership of Couples","authors":"Julia N. Strazhevich, O. Bosyk","doi":"10.19073/2658-7602-2019-16-3-270-275","DOIUrl":"https://doi.org/10.19073/2658-7602-2019-16-3-270-275","url":null,"abstract":"","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68350918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.19073/2658-7602-2019-16-3-283-290
L. M. Churkina
. The article is devoted to the actual problem of foreign adoption in international and national law, the legislation of foreign countries. The subject of research in this article is the norms of international law, Rus sian and foreign legislation governing the process of adoption of Russian children by foreign citizens. The Au thor considers the international experience, as well as the ratio of international and national law in the field of adoption. The сharacteristic features of the activities of judicial bodies and guardianship and trusteeship bodies in foreign countries are identified and described. The Author analyzes the provisions of the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Civil Procedure Code of the Russian Federation, the Family Code of the Russian Federation, the Federal Law “On the state data bank on children without parental care”, the Convention on the Rights of the Child, the Convention on Jurisdiction, Applicable Law and recognition of decisions on adoption and the Convention on the Protection of Children and Cooperation in Respect of Foreign Adoption, other domestic and foreign regulatory acts regulating the basis of the institution of international adoption. Based on the study, the Author concludes that it is necessary to control the competent authorities implementing the international adoption procedure, as well as to refer to the experience of foreign countries in creating a specialized court that deals with adoption cases and exercising control over the activities of the guardianship authorities, and according to in a number of states, which will allow the Russian legislator to help strengthen the position of the family institution in our country.
{"title":"To the Question of Legal Regulation of International Adoption","authors":"L. M. Churkina","doi":"10.19073/2658-7602-2019-16-3-283-290","DOIUrl":"https://doi.org/10.19073/2658-7602-2019-16-3-283-290","url":null,"abstract":". The article is devoted to the actual problem of foreign adoption in international and national law, the legislation of foreign countries. The subject of research in this article is the norms of international law, Rus sian and foreign legislation governing the process of adoption of Russian children by foreign citizens. The Au thor considers the international experience, as well as the ratio of international and national law in the field of adoption. The сharacteristic features of the activities of judicial bodies and guardianship and trusteeship bodies in foreign countries are identified and described. The Author analyzes the provisions of the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Civil Procedure Code of the Russian Federation, the Family Code of the Russian Federation, the Federal Law “On the state data bank on children without parental care”, the Convention on the Rights of the Child, the Convention on Jurisdiction, Applicable Law and recognition of decisions on adoption and the Convention on the Protection of Children and Cooperation in Respect of Foreign Adoption, other domestic and foreign regulatory acts regulating the basis of the institution of international adoption. Based on the study, the Author concludes that it is necessary to control the competent authorities implementing the international adoption procedure, as well as to refer to the experience of foreign countries in creating a specialized court that deals with adoption cases and exercising control over the activities of the guardianship authorities, and according to in a number of states, which will allow the Russian legislator to help strengthen the position of the family institution in our country.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68351133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.19073/2658-7602-2019-16-3-369-374
A. R. Sysenko, A. T. Anesheva
{"title":"Peculiarities of the Inspection of the Place of Competition in the Investigation of the Movements Made in Open Territory","authors":"A. R. Sysenko, A. T. Anesheva","doi":"10.19073/2658-7602-2019-16-3-369-374","DOIUrl":"https://doi.org/10.19073/2658-7602-2019-16-3-369-374","url":null,"abstract":"","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68351863","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.19073/2658-7602-2019-16-3-396-400
S. Yarkovoy
{"title":"On the Requirements of Legal Justice of the Administrative Law Enforcement Activity","authors":"S. Yarkovoy","doi":"10.19073/2658-7602-2019-16-3-396-400","DOIUrl":"https://doi.org/10.19073/2658-7602-2019-16-3-396-400","url":null,"abstract":"","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68352085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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