No 1 (2019)
YOUNG SCHOLAR’S TRIBUNE
55-59 123
Abstract
The article reviews the issue about the status of a land plot in the organization of liquidation of accumulated environmental damage. It examines the grounds for limitation and termination of rights to land during the organization of liquidation of accumulated environmental damage.
60-64 184
Abstract
This article discusses the relationship between the concepts of “liquidation” and “termination” of a legal entity in the context of liquidation, describes the difference in approaches to the definition of these concepts, as well as the author’s conclusions on the topic.
65-74 276
Abstract
Copyright implementation finds out many problems caused by lack of regulation, obsolescence and low level of legal doctrine. There is a lack of a unified copyright understanding, which leads to the diversity of positions even at the basic level, e.g. objects of copyright such as audiovisual work. The discussion covers the range of authors of audiovisual work, as well as ownership of the results of intellectual activity that became part of such work. The reason for the disagreements stems from the twofold position of the audiovisual work - it is both a combination of individual works and an independent object of copyright, not identical to the sum of its constituent elements. The situation is complicated by uncertainty regarding part of a work status that leads to a situation when some elements of an audiovisual work are protected as parts thereof, while others as independent works that have their own authors and copyright holders. The answer to the question about the range of objects subject to copyright protection within an audiovisual work is of great practical importance - it will facilitate civil circulation and settle relations between all copyright holders and protect the rights of authors. The paper analyzes the most common positions encountered in legal literature and case-law on the said issues in order to unify and develop a joint approach to understanding the nature of an audiovisual work and its constituent ones. In particular, an audiovisual work is not only a fiction stipulated by the legislator to optimize civil circulation, but is a “natural” object of copyright. Furthermore, a part of the audiovisual work is not identical to its constituent work. Moreover, to give the part a copyright protection, it is crucial to prove its independent creative nature, unlike original works that are automatically protected from the moment of creation. Additionally, we set forth the need to legislate as self-protected parts of a work such objects as the format and an episode of series. Finally, the official definitions of such notions as “character”, “format”, “an episode of series”, as well as the conditions of its protectability are seen as extremely positive for law enforcement.
ИСТОРИЧЕСКИЕ НАУКИ И АРХЕОЛОГИЯ
5-11 155
Abstract
According to the authors of this work, multimedia resources are one of the most effective modern methods of transmitting the historical memory in view of the fact that according to many researchers, this technology is designed to provide a better level of assimilation of the studied material. The article provides a brief historiographical review of the academic works of historians on the participation of the Yakut people in the Great Patriotic War (1941-1945). The contribution of activists of the Civil-Patriotic club “Fatherland” of the North-Eastern Federal University to the citywide search work “Return the names of soldiers”, which began in March 2015 on the eve of the 70th anniversary of the Victory in the Great Patriotic War, is revealed. The paper presents data on the number of conscripts of the Yakut United District Military Commissariat in 1941-1945. So, according to the books, 17,086 people were drafted to the Soviet Army in 1941-1945, all from the city of Yakutsk, and went to the front. We created a multimedia resource on the contribution of residents of the city of Yakutsk to the victory in the Great Patriotic War. The article presents the structure of the multimedia resource, information about its content. The basis of the multimedia resource is an electronic database of the participants of the Great Patriotic War and the Soviet-Japanese war, designed by the Yakut United District Military Commissariat in 1941-1945. At the moment, the multimedia resource includes more than 900 biographies of the participants of the Great Patriotic War and 170 biographies of the participants of the Soviet-Japanese war.
12-20 332
Abstract
The term “cold war” continues to exist in the modern political lexicon. The subject of this article is the triple aggression of England, France and Israel against Egypt, which became the most acute major manifestation of the Cold War in the Middle East region after the end of World War II. The Suez crisis not only stopped the process of defusing international tensions in the world that had begun, but also sowed the seeds of bloody shoots, which shook the Middle East to this day. The current situation in this region constantly attracts the attention of the world community to the vicissitudes of the events of more than 60 years ago, in which it sees the sources of many modern processes. Given the current geopolitical Middle East situation, the author pays attention to the policies of such a large state like Turkey, which became the only country in the region that not only did not condemn the aggression against Egypt, but in fact supported the actions of the aggressors. Understanding the role of Turkey in this dangerous recurrence of the “cold war” in the Middle East, according to the author, has not only scientific but also political significance. The literature used in the article, primarily Turkish, part of which is unknown or inaccessible to Russian researchers, sheds additional light not only on the critical moments of the struggle of opposing groups within the country, but also helps to identify patterns of evolution of the entire Middle Eastern policy of Turkey. Of particular source value are the materials of the weekly magazine Akis (“Reflection”) as the mouthpiece of the country’s opposition forces, which more vividly reflect the events of that time and allow an objective assessment of the country’s foreign policy, in general, and, in particular, in the Arab East. The analysis of the materials with all certainty leads to the main conclusion that they have a pronounced national character and indicate contradictions in Turkey’s one-sided orientation to the West.
ЮРИДИЧЕСКИЕ НАУКИ
21-26 96
Abstract
This article discusses only a small part of the existing legal and social problems in the implementation of child-friendly justice in the Russian Federation on the example of pre-trial criminal proceedings. Child-friendly justice in criminal matters implies special pre-trial proceedings, taking into account the distinctive features of legal, psychological, social origin inherent in the status of a minor.
27-32 84
Abstract
The article substantiates the thesis according to which the modern updating of the methodology and expansion of the methods of the Russian legal science are connected with the Constitution, its values, principles and provisions. Legal science in the Republic of Sakha (Yakutia), being part of the science of Russia, reflects the needs of the region and higher legal education in Yakutia. Lawyers-scientists conducting research in Yakutia, mastering local topics, contribute to the formation of regional features of science. Mass distribution of higher legal education in Yakutia occurred in the 90-ies. With the streamlining of the organization of higher legal education in the training of lawyers, the Faculty of Law, NEFU has become a leading structure. Considering the issues of legal education in the Republic of Sakha (Yakutia), the author of the article - within the limits of permissible regulatory provisions of the Constitution of Russia - proposes to deepen the areas of specialization through profiling of legal disciplines, taking into account the peculiarities of the region and the introduction of a regional minimum of public and private law competencies.
33-38 94
Abstract
The article analyzes the issues of legal regulation and law enforcement practice of the rational use of paleontological materials of mammoth fauna remnants in the Arctic zone of the Russian Federation. The article focuses on the necessity of filling the federal legislation gaps in the field of rational use of paleontological materials of mammoth fauna.
39-47 151
Abstract
The article continues the cycle on issues of methodology in the Civil Law. The article substantiates that in regulatory legal relations the content of absolute rights is established exclusively by the imperative norm, while the content of relative ones is determined by the dispositive norm. From this, the author draws a conclusion that the existence of imperative norms of corporate law is predetermined by the absoluteness of a corporate relation.
48-54 222
Abstract
In the article, the author discovers little-known facts about the bright life and activity of the first prosecutors of Yakutia. It is demonstrated well that proactive position and uncompromising work of Ponomarev A.A., a highly qualified lawyer, the former Prosecutor of Yakutia, led to the failure of the political trial of the Twenty-Five - a fabricated case against 25 leaders of Yakutia, who were seemingly broken in the dungeons of the NKVD but found the strength and courage to resist the all-powerful repressive machine. It is accentuated that positive human rights activities of a new generation of judges and prosecutors led to the result that the civil war hero Baikalov K.K. was rehabilitated, historical justice was restored and the reputation of the glorious son of the Sakha people was reclaimed.
ISSN 2587-5612 (Online)