The Modern Lawyer №1(2)

Content

THE THEORY AND HISTORY OF RIGHT
[wpspoiler name=”Sergey G. Pavlikov”]the doctor of juridical sciences, professor, chairman of department “constitutional and municipal right”, financial university with the government of the Russian Federation (E-mail: 89152499929@mail.ru)[/wpspoiler] [wpspoiler name=”About the doctrine and prospects of its development as right source” style=”ui-lightness”]Author of article the judgment that derogation of value of the doctrine as the most important, traditional exercised source of the right causes negative consequences for the Russian legal system locates.

Keywords: doctrine, right, state, precedent, court, source, theory, science. [/wpspoiler]

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[wpspoiler name=”Natalia E. Borisovа”]the department chair it is state – legal disciplines of the 1 Moscow juridical institute

(E-mail: ne0609@bk.ru)[/wpspoiler]

[wpspoiler name=”Lawful technologies of work with “difficult” children: to the background of the question” style=”ui-lightness”]Work is dedicated to the social- lawful technologies of the protection of the rights of child. Special attention is given to the historical development of forms and methods of operation with the minor criminals in the period of the Russian Empire.

Keywords: minor, “difficult children”, child in the conflict with the law, juvenal technologies.[/wpspoiler]

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PUBLIC ADMINISTRATION
[wpspoiler name=”Alexey P. Albov”]doctor of legal sciences, Professor, the department chair of Department the «Theory and history of State and law» the Finance University under the Government of the Russian Federation

(E-mail: AAP62@yandex.ru)[/wpspoiler]

[wpspoiler name=”The effectiveness of public administration: constitutional and administrative law analysis” style=”ui-lightness”]The modern theory of constitutional and administrative law focuses on institutional form of statehood, where the power of the state apparatus is limited by law in order to create optimal conditions for the development of civil society. This limitation is achieved in the process of interpretation (constitutional and regular courts) constitutional principles and norms that contribute to the successful functioning of the social whole through effective operation of state mechanisms.

Keywords: state administration, executive management, civic community, administrative activity, constitutionalism, the lawful institutes. [/wpspoiler]

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[wpspoiler name=”Natalia F. Popova”]the doctor of juridical sciences, professor, the main scientific worker of VNII MVD of Russia

(E-mail: nfpopova51@mail.ru)[/wpspoiler]

[wpspoiler name=”To a question about the administrative procedures in the region of finances, taxes and collections” style=”ui-lightness”]Executive power realizes with the realization of different method of operation, which makes it possible to assert that this form of state activity has procedural (processual) form. In the article the views of scientists on the determination of the essence of the administrative procedures in the sphere of state administration are examined. In detail the author stopped at the forms and classification of the administrative procedures in the region of finances, taxes and collections.

Keywords: the organs of executive power, the Federal Service, the administrative procedures, administrative regulations, the state functions[/wpspoiler]

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RIGHT AND ECONOMY
[wpspoiler name=”Tatyana A. Potapenkova”]candidate of juridical sciences, docent of the Department “Owner’s right” of the Finance University under the Government of the Russian Federation

(E-mail: tatjpot@mail.ru)[/wpspoiler]

[wpspoiler name=”On some approaches to improving the legislation in the sphere of state regulation of the economy” style=”ui-lightness”]The article is devoted to legal issues related to improving the efficiency of state regulation of the economy. To solve this problem, it is proposed to develop and adopt the Federal Law “On state regulation of the economy”, which would reflect the basic principles of state regulation of the economy.

Keywords: state, economy, state regulation, the basic principles of state regulation, debureaucratization, openness, publicity.[/wpspoiler]

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[wpspoiler name=”Yuri P. Kalmykov”]PhD, Professor, Deputy Director of the Short-term programs Institute of the Finance University under Government of the Russian Federation.

(E-mail: Jkalmykov@fa.ru)[/wpspoiler]

[wpspoiler name=”Genesis of publik procurement lafs and regulations.” style=”ui-lightness”]Within the frameworks of this article the mechanism of the regulatory support of the governmental purchases in Russian Federation beginning from the initial laws to the Federal Contract System establishment is disclosed. On the basis of the of the advantages and disadvantages analysis of governmental purchase orders placement regulatory support on the different stages of Russian economic development author substantiate governmental orders placement improvement purposes for Russian joint economical zone establishment, fair competition, stimulation of innovative economical branch, effective consumption of budget funds and corruption counterworks. Special attention is paid towards the investigation the Federal law № 94-FL of 21.07.2005 quality and substantiation of the Federal Contract System development and implementation. Scientific publications and actual data provided by Russian Economical Development Ministry, Russian Federal Antimonopoly Service and Court of Auditors were fully involved.

Keywords: Financial law, state orders, budget, efficiency.[/wpspoiler]

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[wpspoiler name=”Ekaterina A. Sviridovа”]candidate of juridical sciences, docent of the Department “civil right” of the Finance University under the Government of the Russian Federation

(Е-mail: katesvi@yandex.ru)[/wpspoiler]

[wpspoiler name=”Determination of specifics and list of objects of intellectual property in system of factors of ensuring innovative development of managing subjects at educational institution” style=”ui-lightness”]Activity of economic societies created by the budgetary educational institutions consists in practical application of strictly certain objects of intellectual property. The closed list of results of intellectual activity on which the budgetary educational institutions have the right to dispose of the rights at creation of economic societies is provided in the Law 217-FZ. The law 217-FZ in particular, doesn’t include objects of copyright (except the computer program) which can be quite created by employees of educational institution that it is represented not quite correct.

Keywords: objects of intellectual property, economic societies, budget organizations, license agreement.[/wpspoiler]

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TOPICAL ISSUES OF LEGAL PROCEEDINGS
[wpspoiler name=”Alexandr M. Volkov”]Deserved worker of higher school Russian Federation, docent of the department of the administrative and financial right of the Peoples’ Friendship University of Russia, PhD in Law, the docent

(E-mail: vam.volkov@yandex.ru)[/wpspoiler]
[wpspoiler name=”Elena A. Lyutyagina” ]docent of the department of the administrative and financial right of the Peoples’ Friendship University of Russia, PhD in Law

(E-mail: wolkowa_lena@mail.ru)[/wpspoiler]

[wpspoiler name=”Administrative-Legal Disputes and Judicial Ways of their Resolving” style=”ui-lightness”]The article presents the analysis of administrative disputes and judicial ways of their resolving in the sphere of use of natural resources and suggested the ways of their improvement.

Keywords: administrative disputes; the methods of resolving; improvement of the legislation, conflicts; subjective rights; use of natural resources.[/wpspoiler]

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[wpspoiler name=”Alexander V. Kosov”]advocate, Associate Professor of criminal-law disciplines of the Moscow new juridical Institute, candidate of legal sciences, Assistant Professor. Research interests: criminal law, criminal procedure, Criminology, Criminology

(E-mail: gipsi80@yandex.ru)[/wpspoiler]
[wpspoiler name=”Alexey S. Kovalenko” ]graduate student of the Moscow new juridical Institute, Chief specialist of the UNM city of Sochi (EMERCOM Krasnodar territory), Mayor of internal service

(E-mail: giо@yandex.ru)[/wpspoiler]

[wpspoiler name=”Separation of powers inquiry department investigators and Administrative Practice OGPN both of investigation and search operations personnel departments of internal affairs (of inquiry) in the investigation of fires” style=”ui-lightness”]This paper addresses the need of differentiation of powers of inquiry department investigators and administrative practices of the state fire supervision of the Federal Fire Service, which are bodies of inquiry, and powers of ATS operational personnel (police), which are also bodies of inquiry.

Keywords: inquiry, the inquiry body, investigator, conse-Tel, the state fire supervision authorities of the Federal Fire Service, investigator, investigation, investigation and search operations, a separate order, questioning authority, bodies of internal affairs.[/wpspoiler]

102
[wpspoiler name=”Irina V. Golovinskaya”]Doctor of Law, Professor of the Faculty of Criminal Procedure law of VLI of the FPS of Russia

(E-mail: irgolovinskaya@yandex.ru)[/wpspoiler]
[wpspoiler name=”Andrey Yu. Titov”]post-graduate student of the Faculty of Research and Teaching Staff Training of VLI of the FPS of Russia.

(E-mail: Titov1286@yandex.ru)[/wpspoiler]

[wpspoiler name=”Preliminary Hearing as a Form of Preparation for a Session of the Court of Appeal” style=”ui-lightness”]The article is dedicated to the analysis of preparation for a session of the Court of Appeal. The authors investigate the procedure of suspending the court proceedings and abatement of a suit on this stage and the settlement of the pleas stated in the appeal. In the course of the research the authors come to the conclusion that preliminary hearing is necessary for solving the above-mentioned problems.

Keywords: Appeal, preparation for a session of the court, preliminary hearing, application.[/wpspoiler]

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THE REPORT AT CONFERENCE
[wpspoiler name=”Svetlana A. Ivanovа”]doctor of law, professor, the deputy of the first pro-rector from the training and systematic work, chairman of department “civil liberty” financial University under the Government of the Russian Federation

(E-mail: Ivanovasa1@ya.ru)[/wpspoiler]

[wpspoiler name=”Questions of the improvement of legislation in the sphere of the highest vocational education.” style=”ui-lightness”]organized by the department “civil right” of financial university with the government RF, within the framework 7 festivals of science /on October 12, 2012/[/wpspoiler] 124
Abstracts 135
Authors 143