The problems encountered in the resolution of conflicts (contradictions) with the participation of the norms of the Civil Code of the Russian Federation are considered, due to the absence of a solution to the earlier problems and the appearance of additional problems in connection with prioritizing the new edition of the first part of this Code.
The purpose of the article is to prove the erroneousness of the approach on the priority of the norms of the Civil Code of the Russian Federation to the norms of other federal laws; for this purpose, its contradiction to the general order of resolving conflicts between norms of law based on general legal principles, as well as the impossibility of unconditional priority of the norms of the Civil Code of the Russian Federation as codified Act due to its unconstitutionality and contradictory approaches used in the construction of a system of legislation.
To obtain the research results, general scientific methods of analysis and synthesis, comparisons, generalizations, classifications, as well as literal and system-logical interpretation of legal norms were applied.
As a result, on specific examples of the formation of the charter capital of business entities, it is justified that the priority of the norms of the Civil Code of the Russian Federation can only be regarded as the reception of legal techniques, when the legislator himself (other parts of the conceptual apparatus, classifications of subjects and objects, the structure of relations, etc.), and transitional provisions of civil legislation on such a priority can not be rejected Change priority of special rules. As a means of solving the emerging problems, it is proposed to exclude the provision on the priority of the norms of the Civil Code of the Russian Federation from this Code, and from the point of view of legislative technology, special and general norms should be changed simultaneously, otherwise the operation of the modified general norms will be blocked by special norms.
The author analyzes the concept, the features of a frame contract and it’s subject and conditions in terms of the Civil Code of the Russian Federation, the Conception on Perfecting the Law of Obligations General Provisions in Russia and with respect to the business needs, formulates conclusions regarding the essential conditions of a frame contract and make practical recomendations on preparation of such contracts and resolution of relevant disputes.
This article is part of the project ‘A Sociology of the Transnational Constitution’, carried out at the University of Manchester under the supervision of Professor Christopher Thornhill. This project is a comparative study of the legislation, case law, social phenomena with an aim to determine the effect of international law in the ongoing process of constitution-building in various countries and, particularly, in Russia. Extensive empirical data collected during the course of the project, leads to formulation of the following three main hypotheses that are discussed in the paper. First, legal accountability of the state to the citizens in Russia is asymmetrically high in comparison with political accountability. Second, there is a clear understanding in Russia that the successful state building depends on the efficiency of the judiciary; to a certain extent the judiciary becomes the subject, or the main driver of constitutional reforms rather than being their object. Third, targeted and strategic use of international law plays a key role in all elements of the process of secondary constitutionalisation, that is, not only in implementation of the constitutional guarantee of human rights protection, but also in construction of the necessary institutions.
The issue is devoted to the creation of national traditions of lawmaking. The questions of delimitation of the law from all the legal acts in a historical retrospective are considered. The accent is made on the process of forming of the standard-setting activity. It is emphasized on the legal nature of ministerial creation of regulatory acts. Analogies of the pre-revolutionary and modern legal phenomena in the field of lawmaking are drawn.
In the world there are not many countries with the secular nature of education. The Russian legislation establishes secular nature of education in state and municipal schools. Secular nature of education in Russia is visible in the regulation of school uniforms and teaching «The Fundamentals of Religious Cultures and Secular Ethics» at school. The article contains the analysis of the regional acts educational organization’s acts on school uniform and jurisprudence. Also the article contains the results of research on the second aspect of the secular nature of education in Russia – the subject «The Fundamentals of Religious Cultures and Secular Ethics» established by Federal State Educational Standards. The authors conclude that the general education in Russia is not completely secular in several aspects. Further development of jurisprudence, legislation or education system can change the situation: religious aspects could be included in school life or more strictly settle the secular nature of school education.
The article is devoted legislation research in sphere of technical regulation at national and supranational level. This analysis is conducted for the purpose to improve the teoretical and methodological basis of the technical regulating in the Russian Federation and within the framework of the different post-Soviet integrating unios.
In this article is examined the systems approach to the mechanism of working motivation, based on the motives, assigned by environment – by economic and social- lawful factors, on the internal motives of worker, which were established in the course of his vital activity, and the outwardly formed motives of working activity. Under the influence of these motivational factors formed the inner position, employee personal predisposition towards different objects and situations, his willingness to act one way or another. Therefore, so it is important to concentrate efforts and economists, and sociologists, and psychologists and lawyers on the appropriate methods of external influence on work motivation. Is given the case study of the development of motivational processes in the spheres of industry, science and management. Are given to recommendation in a question the formations and the lawful guarantee of motivational installations and standards, working interests and values.
Procedural mechanism of realization of the criminal proceeding in regard to persons falling under the particular order of production on criminal cases, provides for as component part and simultaneously method of providing of their inviolability the order of laying an action and bringing in of these persons complicated as compared to ordinary, as defendants on criminal cases. On this basis, the attempt of complex analysis of the most difficult and litigions questions, touching the criminal proceeding of persons for that he is initially intended, is undertaken in a publication. Authorial vision of possibilities of their decision is expounded in her, on a background a corresponding legal and theoretical ground. Complicating the general order of criminal trial, through introduction of additional duties and prohibitions for persons accountable for motion and end of production in criminal business, positions of the Russian Federation come forward, in opinion of author, as the extended judicial guarantees of inviolability of certain circle of the special subjects executing socially-meaningful functions. Not increasing the volume of their inviolability, they diminish possibility of her limitation, reducing, thus, the danger of realization of the groundless criminal proceeding. In spite of the fact that the list of the special subjects to the law is driven by exhaustive character, in part touching denotation of limits of their judicial immunity, the norms of ch.52 CPC of the Russian Federation carry blanket character, as his actual maintenance is different. An author considers on this basis, that accomplishing judicial actions and accepting statutory decisions a court, public prosecutor, leader of investigative agency, investigator, must take into account not only envisaged by CPC of the Russian Federation feature of production on criminal cases in regard to the separate categories of persons but also position of normative legal acts exposing their legal status, volume of plenary powers and limits of action of judicial immunity in a that kind, as they are envisaged in a branch legislation. Self legislation on that score, must consistently change in the river-bed of recommendations of International organization of CE «Group of States Against Corruption» (GRECO) speaking out in the report for reduction in him categories of persons to that the special procedure of bringing in of them spreads to criminal responsibility, and also for simplification of such procedure.
The review of N. V. Kovalyova's book: Technical regulation in the legislation of the Russian Empire (XIX – the beginning of the XX centuries): monograph/N. V. Kovalyova. – Kostroma: Publishing house Fire. the state. технол. un-that, 2012. – 367 pages – (Works of scientists of the KGTU legal institute) is presented in article. The analysis of relevance of a subject of the monograph is carried out. The importance of the conducted historical and legal research of technical regulation in definition of modern optimum model of market economy and its legislative fixing is designated.