IKBFU's Vestnik

The humanities and social science

Historical and legal problems of the development of state and law

Legal regulation of public control in the Russian Federation

Abstract

This article considers the public control institution at the federal level and that of the constituent entities of the Russian Federation. Based on an analysis of the current legal regulation of public control in different constituent entities, the authors formulate recommendations for the development of a relative legal framework in the Kaliningrad region

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Unification of international rules on the form of will

Abstract

This article concerns the harmonisation of international private law rules regarding the form of will. The author analyses universal and regional contracts in this field, bilateral agreements on assistance in civil, family, and criminal cases. The article offers conclusions of the features of current development of international rules regarding the form of will.

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On the nature of gmina courts in the Kingdom of Poland

Abstract

This article focuses on the problem of the nature of gmina courts in the Kingdom of Poland, which is of fundamental significance for identifying their role in the judicial system of the Russian Empire. Based on an analysis of historical and legal facts and documents, it is concluded that, from the 15th through the 19th centuries, the nature gmina courts gradually evolved from social (as part of the emerging local governments) to public (resulting from the royal prerogative

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Improving the legal regulation of social relations

Special legal regimes as a means to differentiate the legal regulation of entrepreneurship

Abstract

The legal category of ‘legal regime’ is considered as a means of differentiating legal regulation of entrepreneurial activities. The author stresses the use of special legal regimes in entrepreneurship legislation and examines the purposes of their application. The article emphasises the problems of improving special legal regimes of entrepreneurship.

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Rights and obligations of the parties under a special bank account contract: Relevant issues

Abstract

This articles considers the issues relating to the legal regime of accounts opened by a bankruptcy trustee in a credit institution in accordance with Article 138 of the Federal Law «On Insolvency (Bankruptcy)». The author analyses relevant judicial practices and formulates proposals relating to legislation improvement.

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Topical problems of investigative and court processes

Relevant issues of the fight against corruption

Abstract

This article studies the criminogenic circumstances associated with cor-ruption and those impeding effective fight against it. In view of the extreme social danger of corruption and the considerable economic, political, and moral damage to the society, this article formulates a number of proposals primarily relating to criminal law relevant at the current stage of social development.

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The official as a public officer

Abstract

This article considers the correlation between the definitions of the concept of ‘official’ given by the civil law and the Supreme Court of the Russian Federation. The author analyses relevant academic views and judicial practice and formulates proposals on the legislative foirmalisation of the characteristics of a public officer in view of the Supreme Court’s position

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Problems of classifying tax crimes by actus reus

Abstract

This article examines certain issues relating to the calculation of large and especially large amounts of unpaid taxes. It is noted that the Plenum of the Supreme Court is expected to amend current Decision No. 64 of 28.12.2006 ‘On the practices of courts applying criminal legislation on liability for tax crimes’. It is also stressed that, despite the existing obligation to pay insurance premiums, there is no rule on criminal liability of persons evading such payments. In this regard, it is proposed to include liability for failing to pay insurance premiums to the state budget funds in the disposition of Articles 198, 199 of the Criminal Code.

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Regional features in the forensic characteristics of traffic accidents (based on the cases of the Kaliningrad Inspection for Traffic Security)

Abstract

It is stressed that the current research methodologies for investigating traffic accidents pay little attention to forensic characteristics. Moreover, they do not take into account regional characteristics. However, an analysis of relevant judicial and investigative processes made it possible to establish that the investigator’s awareness of the information model of crime increases their efficiency in investigating certain traffic accidents.

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Using the modelling method in investigating criminal fires

Abstract

This article addresses the relevant issues of using the modelling method in investigating criminal fires and classifies it. The authors identify the modelling and reconstruction methods in the system of criminal fire investigation. An analysis of the correlation between modelling and reconstruction is conducted. New applications of these methods are described.

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Young scientists’ forum

The role of the principle of honesty in the principle system of Russian civil law

Abstract

This article examines the interaction between the principle of honesty and the other principles of the civil law of the Russian Federation. Honesty is manifested in various institutions of law; it interacts with each principle and basic element thus limiting each freedom. It is stressed that honestly — despite having the potential of broad practical application — has not been sufficiently developed in either theory or jurisprudence. The formation of honesty-driven behaviour in the participants in civil legal relationships is part of the trend towards the development of law and society

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Discretionary powers of judges in the countries of the continental law system: A comparative analysis

Abstract

This article analyses the features of judicial discretion in the continental law system. The author conducts a comparative analysis of the discretionary powers of judges in Northern, Western, and Southern Europe and describes the specifics of judicial discretion in the continental legal system

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On the development of the concept of ‘subject of law

Abstract

This article analyses approaches to developing the concept of the ‘subject of law’. The author considers different perspectives on identifying similarities and differences between the categories of the ‘subject of law’, ‘subject of a legal relationship’, and ‘personal with legal personality’. It is concluded that the category of ‘subject of law’ should be developed in the context of interdisciplinary studies.

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Forensic aspects of criminal process participants using mediation procedures: The role of the situational approach

Abstract

This article stresses that the reconciliation of the parties in criminal proceedings with the participation of a mediator is an important mechanism of the institution of restorative justice. The author considers the forensic aspects of using mediation procedures, classifies subjects of mediation, and describes the role of the situational approach. Special attention is paid to the tactical aspects of these procedures and the classifications of mediation situations.

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Topical issues of economic and management studies

The strategic potential of an organisation: A theoretical framework for research

Abstract

This article considers the problems of securing competitive advantages of an organisation in a dynamic environment and focuses on the key methodological approaches to studying the strategic potential of an organisation (SPO). Special attention is paid to the resource approach and the concept of dynamic capabilities, as well as the features of non-profit organisations' SPO.

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The methodological and mathematical implementation of the integrated controlling theory

Abstract

This article is devoted to the innovative concept of managing modern industrial enterprises as economic systems, namely, integrated controlling. The author presents a methodological framework for the implementation of the integrated controlling theory. Possible uses of the mathematical apparatus in studying integrated controlling are shown. Static and dynamic characteristics of integrated controlling as a complex system are described. A mathematical model of such system is constructed.

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