{"title":"ON THE SHORTCOMINGS OF THE NORMATIVE REGULATION OF THE CONTRACTUAL AND LEGAL WORK CARRIED OUT BY THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION","authors":"A. Kotliar","doi":"10.29039/2413-1733-2021-7-4-152-158","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-152-158","url":null,"abstract":"Contractual and legal work carried out by the bodies of internal affairs of the Russian Federation is quite a voluminous area of activity, as it is regulated by a wide range of rapidly changing legislation. This work has a protective nature and is carried out for the proper implementation of the tasks and powers entrusted to the Ministry of Internal Affairs of Russia. For the most part, such units as rear, accounting and legal service of law enforcement agency are involved in contractual-legal work. \u0000Currently, there are a number of shortcomings in the implementation of this direction of work, which is confirmed by the negative judicial statistics on claims related to the contractual activity of the internal affairs bodies of the Russian Federation. In this regard, it is necessary to further investigate the causes that contribute to violations of contractual legal work and to develop measures aimed at their elimination. The author proposes ways to address the causes under consideration, in particular, it is advisable to develop and adopt a departmental order governing the unified procedure for preparation, execution, coordination, registration, accounting and storage of procurement documents, draft agreements (state contracts), additional agreements to an agreement (state contract), agreements on termination of an agreement (state contract), protocols of disagreements.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130664359","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}
{"title":"QUESTIONS OF QUALIFICATION AND DIFFERENTIATION OF ROBBERY WITH RELATED CRIMES","authors":"O. Skvortsova, V. Silvanovich","doi":"10.29039/2413-1733-2021-7-4-219-226","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-219-226","url":null,"abstract":"This article provides a legal analysis of the composition of robbery, provided for in Article 162 of the Criminal Code of the Russian Federation, as a crime against property. The characteristic signs of robbery as the most dangerous form of theft are studied. The problematic issues of differentiation of robbery and related crimes are considered. The specifics of the qualification of robbery committed by a group of persons by prior agreement are investigated. Some of the analyzed aspects are illustrated by examples of judicial practice in cases of robbery.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125692420","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}
{"title":"PROBLEMS OF PROSECUTOR’S SUPERVISION OVER THE EXECUTION OF LAWS ON THE LICENSING SYSTEM","authors":"A. Mogorychev","doi":"10.29039/2413-1733-2021-7-4-318-323","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-318-323","url":null,"abstract":"In this publication, the author identifies the main problems that occur in the prosecutor’s practice when supervising the execution of laws in the licensing system. It is established that the mentioned problems are associated with insufficient legislative regulation of the licensing sphere, in particular, the author distinguishes the problems into theoretical, applied and practical ones. The most common types of offenses that are committed by the competent state bodies and local self-government bodies when providing permits are identified. Based on the results of the study of problematic aspects, promising directions are proposed aimed at improving the prosecutor’s supervision over the implementation of laws on the licensing system.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133940585","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}
{"title":"THE DUALISM OF NATURAL AND POSITIVE LAW: THE ANCIENT AND MEDIEVAL PERIOD","authors":"G. Abasov, N. Mamchenko","doi":"10.29039/2413-1733-2021-7-4-3-9","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-3-9","url":null,"abstract":"The article deals with the dualism of ideas of natural and positive law. The authors believe that the dualism of natural and positive law has existed since ancient times, although it manifested itself in different historical forms. The evolution of these forms is considered during the period of antiquity and the Middle Ages. The goal of any legal system is optimal coordination, the combination of the principles of natural and the norms of positive law, the content of subjective law and the normativity of objective law. this will avoid legal conflicts or minimize their number. The problem is how to carry out the theoretical and practical synthesis of the goals (intentions) of natural and positive law in a single legal system. The analysis of the sources of ancient and medieval scientific thought in this vein is carried out.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115751785","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}
{"title":"ON THE PECULIARITIES OF THE NORMATIVE LEGAL REGULATION OF THE KOMSOMOL SHOCK BUILDINGS","authors":"I. Chueva","doi":"10.29039/2413-1733-2021-7-4-43-47","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-43-47","url":null,"abstract":"The article analyzes the problems of normative legal regulation of the institute of shock Komsomol construction sites, taking into account the peculiarities of the socialist system of law. Large-scale projects, which were the All-Union Komsomol shock construction sites, did not have strict regulations and a clearly structured regulatory framework, so it is possible to draw up a complete legal picture only with a comprehensive study of departmental acts of the Komsomol and other Soviet bodies and structures.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126253012","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}
{"title":"THE GENESIS OF SCIENTIFIC VIEWS IN THE FIELD OF DETERMINING THE ESSENCE OF CONTROL AND SUPERVISORY ACTIVITIES","authors":"Yana S. Ankudinova","doi":"10.29039/2413-1733-2021-7-4-299-307","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-299-307","url":null,"abstract":"The article analyzes scientific papers on the essence of control and supervisory activities and the terms control and supervision. The author identifies issues that require theoretical and practical solutions. It is established that the existing educational and scientific research in the field of control and supervisory activities consider a number of issues, in particular: theoretical aspects of defining the concepts of control and supervision, general issues of the relationship of these concepts and the organization of control and supervisory activities. The article provides definitions of the terms control and supervision, including the normative definition of such a category as state control. The author has made another attempt to formulate his own opinion on the relationship of the terms control and supervision. The paper distinguishes the main approaches of scientists to the question of the correlation of terms into three groups: the first considers supervision as part of control; the second group correlates control and supervision as equal categories; the third group includes the position of scientists on the independent meaning of the concepts of supervision and control, within the framework of consideration of each of the groups, the author analyzes the available scientific views.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"41 168","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132476935","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}
{"title":"SERVICE DISCIPLINE IN THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION: THE STATE, MAIN AREAS OF SUPPORT AND PROBLEMATIC ISSUES OF THE APPLICATION OF DISCIPLINARY LEGISLATION","authors":"J. Sarankina","doi":"10.29039/2413-1733-2021-7-4-205-218","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-205-218","url":null,"abstract":"The article analyzes the current state of service discipline in the internal affairs bodies of the Russian Federation, defines the main directions of ensuring service discipline in the Department of Internal Affairs of the Russian Federation, among which, according to the author, one of the priority places should be given to measures aimed at maintaining a healthy socio-psychological climate in the service team; based on the analysis of the current legislation regulating the procedure, the timing of bringing police officers to disciplinary responsibility, as well as the procedure for applying incentives to them, the author makes proposals for improving legislation in this area, as well as the entire procedure for applying incentives, the author conditionally divided into several stages. As a result of the analysis of judicial practice in cases on the application of disciplinary penalties to employees of the internal affairs bodies of Russia, including in the form of dismissal, the author made a number of conclusions regarding compliance with the procedure for applying disciplinary penalties, its proportionality, and the procedure for conducting an internal audit.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"192 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116865048","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}
{"title":"THE LAW ON THE AMENDMENT TO THE CONSTITUTION OF THE RUSSIAN FEDERATION 2020: SOME ASPECTS OF THEORY AND PRACTICE","authors":"E. Evsikova","doi":"10.29039/2413-1733-2021-7-4-58-71","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-58-71","url":null,"abstract":"n this article, the author attempts to investigate the legal nature and legal force of the Law on Amendments to the Constitution of the Russian Federation, examines the constitutional and legal foundations of amendments and amendments to the Constitution of the Russian Federation, as well as the developments of modern legal doctrine in this area. \u0000 \u0000The author analyzes the amendments to the Constitution of the Russian Federation proposed by the President of the Russian Federation, set out in the message of the President of the Russian Federation to the Federal Assembly of the Russian Federation on January 15, 2020. \u0000Based on the analysis, the conclusion is made about the necessity and importance of the proposed changes aimed at the further development of the Russian Federation as a legal social state in which the freedoms and rights of citizens, human dignity, and his well-being are the highest values. Within the framework of this article, the author attempts to understand some issues of amending the Constitution of the Russian Federation through the prism of the Amendment Law.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"329 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127426130","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}
{"title":"PECULIARITIES OF THE SUBJECTIVE SIDE IN THE ILLEGAL BUSINESS WITHOUT A LICENSE","authors":"K. Karchevskiy","doi":"10.29039/2413-1733-2021-7-4-266-271","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-266-271","url":null,"abstract":"The article offers an analysis of the doctrinal interpretation and trends in law enforcement practice of determining the form of guilt witch is typical for illegal business without an obligatory license. The article presents the most popular points of views in determining the subjective side of illegal business without a license and trends in law enforcement practice. Also the increased role of judicial interpretation of national legislation is noted. Regrettable there are some contradictory judicial acts still are made despite solved case by the Constitutional Court of the Russian Federation. The contradictory judicial practice in criminal cases, which is currently available, creates confusion in law enforcement practice.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130548723","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}
{"title":"PRED»YAVLENIE VSTRECHNOGO ISKA, KAK ODIN IZ SPOSOBOV ZLOUPOTREBLENIYA PROCESSUAL’NYMI PRAVAMI V CIVILISTICHESKOM PROCESSE","authors":"Liliya Boreckaya","doi":"10.29039/2413-1733-2021-7-4-250-255","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-250-255","url":null,"abstract":"The article analyzes the counterclaim as one of the means of defense of the defendant in the civil process. The article examines the concept of a counterclaim and its effectiveness as a way to protect the rights of the defendant from the original claim. The purpose of filing a counterclaim is highlighted as one of the ways of abuse of procedural rights. The article analyzes the terms of filing a counterclaim under the Agroindustrial Complex of the Russian Federation, the Civil Procedure Code of the Russian Federation, as well as the positive experience of other countries. The article analyzes the judicial practice with the late filing of a counterclaim and the filing of a counterclaim at the final stage of the trial. The article describes the consequences of the return of counterclaims filed for the purpose of delaying the consideration of the dispute. The analysis shows that there is an urgent need to legally establish a deadline for filing a counterclaim, after which the filing of a counterclaim will not be possible.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129878641","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}