The Modern Lawyer №4(9)

Content

ADMINISTRATIVE LAW

19

Sergey I. Girko

doctor of law, Professor, honoured worker of science of the Russian Federation, Head of Ministry of Internal Affairs VNII FGKU, Moscow (E-mail: priinst@mail.ru)

Anatolij N. Sandugej

PhD, Assistant Professor Deputy Director SIC ICWC No. 4-head Of Department no. 1 VNII FGKU The Ministry of Internal Affairs of Russia», Moscow (E-mail: sandugey@inbox.ru)

On the implementation of the concept of public security in the Russian federation in the field of counteraction to threats in migration field

Abstract.

The article is analysis of the migration situation in the field, shows the adverse trends in internal migration. Main activities in the field of countering illegal migration, defined the concept of public security in the Russian Federation, are compared with the main Concept of the State migration policy of the Russian Federation in the field of combating illegal migration. The authors underscore the importance of preventive management measures, as well as legal responsibility in this area. Examines the interaction of authorities in the field of counteraction to threats in the field of migration. Analyzes the modern legislative and governmental acts, the decision of the Interdepartmental Commission of the Security Council of the Russian Federation on public security, adopted on the results of the session of March 31, 2014 years.

Keywords: public safety, concept, migration, illegal migration, the migration situation, combating illegal migration, the migration legislation.

19

ARBITRATION AND CIVIL PROCEEDINGS

30

Maria M. Darkina

candidate of law, Associated professor of Department the Civil and Arbitration Process of Finance University under the Government of the Russian Federation, Moscow (E-mail: HKUSP45CT@yandex.ru)

 

Judicial protection of rights and interests of physical and legal persons

Abstract:

In this paper, the judicial protection of rights and interests of physical and legal persons indicated the consolidation of the judiciary in the Constitution of the Russian Federation, which categories of cases within the jurisdiction of the courts of arbitration and courts of General jurisdiction. In what order is served the statement of claim to the appropriate court. The activities of the courts of General jurisdiction for the examination of civil cases in the order of the statement and writ proceedings. Celebrated rules of court rulings of courts of arbitration and courts of General jurisdiction in the territory of the Russian Federation and foreign States.

Keywords: judicial power, protection of rights and interests, judiciary, justice, entrepreneurship, the system of courts of arbitration, courts of General jurisdiction, the jurisdiction of the courts of arbitration and courts of General jurisdiction, administrative proceedings, the statement of claim.

30

Vitaly A. Shiryaev

candidate of law, Associated professor of Department the Civil and Aarbitration Process оf Finance University under the Government of the Russian Federation, Moscow (E-mail: superadvokat74@mail.ru)

Some aspects of the typology of Russian civil and arbitration process as a necessary condition for its development

Abstract.

The article analyzes the main aspects of the typology of Russian civil and arbitration process. In general, the criteria for dividing studied civil procedural systems: Anglo-saxon and Romano-Germanic processes. Accordingly, an attempt to include the Russian civil and arbitration process to one of the types. It is stated the fact that the Russian legal system has always been strongly influenced by continental legal tradition. And yet the modern Russian civil process cannot be directly and undoubtedly belongs to the roman -Germanic type. Development of the Russian process occurred within the continental legal tradition, the Anglo-Saxon procedural features more characteristic of modern legislation. Option to recognize the Russian process to a mixed type, in our opinion not the best option for the sustainable development of adequate rights and the country as a whole. The author comes to the conclusion that the inability of the Russian classification process to any known type of legal systems in that the Russian process combines the borrowed directly as institutions and converted, as well as inherited from the socialist process. In connection with this is difficult to determine the vector of development of Russian civil and arbitration process

Keywords: civil litigation, arbitration proceedings, criteria typology civil procedural systems, judicial precedent, law enforcement, the organization of the judiciary.

41

ANTITRUST LAW

54

Igor V. Bashlakov-Nikolaev

Head of Federal Antimonopoly Office in Moscow region

The antimonopoly body as the body preventive control

Abstract.

The article examines the antimonopoly body as a body preventive control in light of recent changes in the Russian legislation. Thus, the third antimonopoly package of amendments to the Law on Protection of Competition introduce rules installed Institute warnings and cautions Institute. The article also analyzes the strategy of competition and antimonopoly regulation for the period 2013-2024.

Keywords. the antimonopoly body, the legislation on protection of competition, regulation

54

HOUSING LAW

70

Victor A. Baranov

candidate of law, Associated professor, the head of Department the Civil and Arbitration process of Finance University under the Government of the Russian Federation, Moscow (E-mail: bvagol@yandex.ru)

Alexey I. Raylyan

candidate of law, Associated professor of Department the Civil and Arbitration process of Finance University under the Government of the Russian Federation, Moscow (E-mail: skink@rambler.ru)

International supervision practices in housing sector

Abstract:

This article provides analysis of provisions about housing conditions and supervision practices in housing sector. The relevant UK legislation is taken as a subject of study (Housing Act 1985, Housing Act 2004). The article refers to the hazards on residential premises and kinds of enforcement action which are improvement notices, prohibition orders, hazard awareness notices, emergency remedial action, emergency prohibition orders, demolition orders and slum clearance declarations.

Keywords: Supervision. Housing law. Local housing authorities. Hazards on residential premises. Enforcement action.

70

BANKING AND INSURANCE LAW

86

Maria V. Komissarova

сandidate of law, Section Head, Department of licensing and Financial rehabilitation of credit institutions, The Bank of Russia (E-mail: komissarova_mv@mail.ru)

Improvement of the regulation in connection with application of measures provided by the article 74 of the federal law on the Сentral bank of Russian federation (bank of Russia)

Abstract.

Banking regulation changes are the subject of the research, including the application of sanctions and measures by Central Bank. This study provides comparative-historical analysis of the amendments to the article 74 of the Federal law of Bank of Russia. Banking regulation changes are connected with the creation of the new financial market supervisory body in Russia. The expansion of the supervisory powers of Bank of Russia leads to the competition between banking and administrative law. Another key issue is the analysis of the shareholders’ voting rights limitation in connection with measures applied by Central Bank.

Keywords: Bank of Russia, financial market regulation, banking supervision, responsibilities of the Сentral Bank, application of sanctions and measures, article 74 of the Federal law on the Сentral Bank of Russian Federation (Bank of Russia).

86

Yuri V. Truncevski

Doctor of legal Sciences, Professor, Deputy Head of Department of the Analysis of risks and economic security Of Finance University under the Government Of the Russian Federation, Moscow (E-mail: trunzev@yandex.ru)

Vladlen I. Glinka

candidate of legal Sciences, The associated professor of the Department of law, Moscow humanitarian-technical Academy, Moscow (E-mail: glinka05@mail.ru)

Oleg Y. Ruchkin

Pro-rector, PhD in law, Associated professor, Moscow humanitarian-technical Academy, Moscow (E-mail: olegruchkin@bk.ru)

Problem of fraud in the sphere of compulsory insurance of civil liability of owners of vehicles

Abstract.

Any reforming of the system of mandatory insurance of civil liability of motor vehicle owners may not exclude all possibilities of fraud actions in this field. Currently fraudsters use many ways to receive payments from insurers, and not always technical expertise to determine whether the alleged injuries. The most common method of fraud in the sphere of compulsory insurance, is the theft of blanks, policies and their further sale.

Keywords: fraud, insurance, civil liability, vehicle, car insurance.

96

MATERIALS OF THE CONFERENCE

112

Yuriy V. Stepanenko

Administrative-legal regulation of law enforcement: theory and practice

112

YOUNG SCIENTIST TRIBUNE

123

Savva M. Kurinov

Postgraduate student of Department Risk analysis and economical security Of Finance University under the Government Of the Russian Federation, Moscow (Email: savva.kurinov@mail.ru)

Problems of legal regulation of Russian telecommunication branch under the conditions of integration processes

Abstract.

This article shows a Russian Telecommunication market overview as on the second half of 2013. In addition, this article highlights directions and tendencies of telecommunication services market. The analysis of special role and distinctive characteristics of this branch. This article also elaborates factors that are designating the legal regulation of telecommunications services industry. As a conclusion author provides some ways of creation of more favorable legal field for Russian telecommunication services market under the conditions of integration processes.

Keywords: Integration processes, telecommunication services market, legal regulation of the branch, Innovative development concept of the branch, customer satisfaction.

123

Margarita S. Esenbulatova

The state — confessional relations in Russia the beginnings of the xx century: in anticipation of revolution and before the great patriotic war termination

133