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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
Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-3(2)-96-102
Y. Dorofeeva
{"title":"CONDITIONED DEPOSITING AGREEMENT (ESCROW AGREEMENT) AND PROPERTY DEPOSITING WITH THE NOTARY","authors":"Y. Dorofeeva","doi":"10.37279/2413-1733-2021-7-3(2)-96-102","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(2)-96-102","url":null,"abstract":"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.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115808676","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}
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
Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2020-6-2-368-382
E. Evsikova, V. L. Ogol
{"title":"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","authors":"E. Evsikova, V. L. Ogol","doi":"10.37279/2413-1733-2020-6-2-368-382","DOIUrl":"https://doi.org/10.37279/2413-1733-2020-6-2-368-382","url":null,"abstract":"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.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116917548","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}
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
Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-3(2)-103-114
O. Latynin
{"title":"CIVILISTIC METHODOLOGY: THE CONCEPT AND MAIN STAGES OF DEVELOPMENT","authors":"O. Latynin","doi":"10.37279/2413-1733-2021-7-3(2)-103-114","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(2)-103-114","url":null,"abstract":"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.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116326391","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}
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
Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-3(2)-74-81
N. Ablyatipova, I. Volkova
{"title":"BONA FIDE ACQUISITION OF UNENTITLED PERSONS: ANALYSIS OF THE CONCEPT AND SYSTEM OF LAW ENFORCEMENT PRACTICE","authors":"N. Ablyatipova, I. Volkova","doi":"10.37279/2413-1733-2021-7-3(2)-74-81","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(2)-74-81","url":null,"abstract":"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.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129385365","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}
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
Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-3(2)-66-73
L. S. Abdullaev
{"title":"APPLICATION OF THE ANALOGY OF THE LAW TO CIVIL RELATIONS","authors":"L. S. Abdullaev","doi":"10.37279/2413-1733-2021-7-3(2)-66-73","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(2)-66-73","url":null,"abstract":"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.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127163173","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}
引用次数: 0
ISSUES OF COMBATING ORGANIZED CRIME 打击有组织犯罪的问题
Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-2-281-285
Y. B. Obolensky
{"title":"ISSUES OF COMBATING ORGANIZED CRIME","authors":"Y. B. Obolensky","doi":"10.37279/2413-1733-2021-7-2-281-285","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-2-281-285","url":null,"abstract":"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.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"264 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132333910","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}
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
Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-1-146-153
O. Skvortsova, D. D. Makarenko
{"title":"CTS OF SEXUAL ABUSE THROUGH THE USE OF INTERNET","authors":"O. Skvortsova, D. D. Makarenko","doi":"10.37279/2413-1733-2021-7-1-146-153","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-1-146-153","url":null,"abstract":"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.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131692707","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}
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
Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-3(1)-270-276
K. Trifonova
{"title":"INSTITUTE OF MIGRATION AMNESTY AS INSTITUTE LAW ENFORCEMENT: CONCEPTS AND CLASSIFICATION","authors":"K. Trifonova","doi":"10.37279/2413-1733-2021-7-3(1)-270-276","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(1)-270-276","url":null,"abstract":"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.\u0000In conclusion, the author comes to the conclusion that the institution of migration amnesty is an effective tool for solving many migration problems.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128788268","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}
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
Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-3(2)-22-34
E. Evsikova, A. V. Ponomarev
{"title":"TO THE QUESTION OF IMPROVING THE LEGISLATION IN THE SPHERE OF ESTABLISHING ADMINISTRATIVE RESPONSIBILITY FOR VIOLATION OF THE SILENCE AND REST OF CITIZENS","authors":"E. Evsikova, A. V. Ponomarev","doi":"10.37279/2413-1733-2021-7-3(2)-22-34","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(2)-22-34","url":null,"abstract":"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.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126285976","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}
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
Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-2-18-25
A. Gauck
{"title":"LEGAL REGULATION OF LAND PURCHASE FOR PUBLIC NEEDS IN THE GRAND DUCHY OF FINLAND","authors":"A. Gauck","doi":"10.37279/2413-1733-2021-7-2-18-25","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-2-18-25","url":null,"abstract":"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","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114068530","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}
引用次数: 0
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