No 4 (2019)
POLITICAL SCIENCE
5-18 159
Abstract
The history of the Great Patriotic War is an eternal theme as long as there is a historical memory of the people. To do this, scholars and all those who are interested in the topic of war, with all the responsibility is the task of full and objective coverage of the events of those years. For the first time in its history, Yakut soldiers far from their homes with weapons in their hands fought against German fascism. On the fronts of the war, they showed miracles of courage and perseverance. Home front workers, despite all the difficulties of military hardships, their no less heroic work brought the victory day. The war left its indelible mark on the history of Yakutia. It brought her many hardships and tribulations, several tens of thousands of her best sons remained forever on the battlefields. Such large human losses Yakutia in its history has not yet known. This was a real demographic disaster, the consequences of which are felt to this day. The author of this article has set himself the task-to highlight and emphasize the political and philosophical side of the problem. When considering the issues put forward in the foreground is a person. Based on all this, the following problems are highlighted: human losses at the front and in the rear, the conscription of Yakuts, the high percentage of conscription is emphasized, the demo-graphic disaster, the place and role of Yakut soldiers during military battles, the perpetuation of their memory. For the first time the contribution of two scientists to the history of the study of war is compared: A. E. Mordinova and D. D. Petrov. A. E. Mordinov’s book was withdrawn on charges of nationalism. The works of D. D. Petrov also had a very difficult fate of writing and publishing. There are many similarities and similarities in their scientific work, in a word, two personalities - two destinies.
ЮРИДИЧЕСКИЕ НАУКИ
19-23 139
Abstract
The article discusses the delimitation of crime and misconduct as a criminal legal concept, the possibility of joint regulation of which in the criminal law is considered in academic and practical circles in the manner of discussion and legislative initiative of the RF Armed Forces. At the same time, attention is focused on the historical review of the formation of the institute of differentiation of the studied concepts, as well as perspective analysis.
24-27 95
Abstract
The article discusses the rules of explaining the right to protection of a minor accused in order to ensure it in the process of bringing charges. At the same time, the studied circumstances are analyzed from practical information, which are described as insufficiently complete to ensure this right. In this regard, the article presents and proposes the author’s options for eliminating the identified shortcomings in the form of practical and rule-making proposals.
28-31 121
Abstract
Based on the analysis of theoretical and regulatory sources, the article discusses the criminal law characteristics of inappropriate spending of budget funds. Attention is focused on the composite analysis of the criminal offense provided for by Art. 285.1 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) and the relevant issues that require investigation. It is stated that in the criminal law regulation of misappropriation of budgetary funds, the legislator did not take into account some circumstances that may be related to this act, but remain due to a regulatory gap outside the legal scope in its qualifications. Based on the foregoing, the article presents the problematic aspects, taking into account which the author’s arguments are formed and changes to the current criminal law are proposed.
32-36 89
Abstract
At the current stage of development of the Russian economy in the implementation of any type of entrepreneurial activity, including tourism, individualization of entrepreneurs is essential. The primary purpose of using means of identification by entrepreneurs is the recognition of the subject to establish a business reputation. In the field of tourism, individualization is necessary for entities that provide tourism services through the formation, promotion and implementation of a tourism product. This article reviews the issues of improving the mechanism of legal support for the use of the right to a service mark in the implementation of tourism activity. The theoretical justification of the legal regulation of tourism activity as a whole continues to be an object of academic interest both among civilians and among supporters of business law. However, if the civil law basis of the right to a trademark as an object of intellectual property can be recognized as sufficiently studied at the doctrinal level, then the use of this right in entrepreneurial activity in general, and in tourism in particular, is one of the little-studied problems. The private academic method was used as a methodical basis for research. Thus, the use of the formal legal method enables us to formulate the legal concept of the right to a service mark in implementation the provision of tourist services, to describe and establish signs of the right to a service mark of a tourist service, to identify gaps in legal regulation in this area. As a result of the research, it was concluded that the use of the right to a service mark in the implementation of tourism activities undoubtedly affects the competitiveness of these entities, the creation of a certain business reputation, and allows them to achieve the main goal of their activity - to maximize profits.
37-40 149
Abstract
Punishment in the form of compulsory labor occupies an important place in the system of punishment, as it allows without isolation from society, to influence the convict by involving them in work. To date, the improvement of the domestic criminal legislation, fixing the application of compulsory works is impossible without studying foreign experience. Therefore, the article gives a comparative legal analysis of the criminal legislation of Russia, Sweden, Great Britain and France, in terms of regulating compulsory works. The author concludes that in order to improve the effectiveness of compulsory labor in Russia, it is necessary to borrow some provisions of foreign legislation in terms of the term of appointment of compulsory labor, obtaining the consent of the convict, etc.
41-46 87
Abstract
The article presents studies of the norms of customary law of the Sakha people associated with the use of community members of the courts of community leaders, the court of the community’s general assembly. The parties to the court are chosen using the parties’ right to choose one or another court in order to ensure the objectivity and impartiality of the proceedings.
YOUNG SCHOLAR’S TRIBUNE
47-50 115
Abstract
This article discusses the relationship between Central Asian countries and Iran in the post-Soviet period. As you know, as a result of the collapse of the USSR, the process of formalizing a new political and economic situation in the new independent republics of Central Asia began on its territory. The alignment of political forces interested in the evolutionary orientation of the region, global and national forces has changed, and new actors, including the Islamic Republic of Iran (IRI), have actively entered the game for the future of the region. Tehran’s policy towards post-Soviet Central Asia was not always characterized by the current correctness and balance. However, a general modification of his foreign policy in the 1990s significantly affected the foreign policy of Iran in the direction of the new independent states of Central Asia. During an official visit to the Central Asian republics in 1993, Iranian President Ali Akbar Hashemi-Rafsanjani said that the main purpose of his visit to the Central Asian republics was to establish cooperation with Central Asian countries. As a result, Memorandums of cooperation were signed with all countries of post-Soviet Central Asia.
51-53 115
Abstract
The article includes the study of a number of problems that arise in the legal regulation of gambling in terms of their legislative restrictions in Russia, where currently there are 5 gaming zones: Altay region, Primorsky Krai, Kaliningrad Oblast, Krasnodar Krai and the Republic of Crimea. It is assumed that the gambling business will give impetus and funds for the development of these areas, improve the criminal situation in the country as a whole, will allow to regulate the taxation of this kind of profitable business and will allow to monitor the flow of funds to the state budget. However, today’s Russian realities show that the term firmly entrenched in the legal terminology of «illegal gambling business.»
54-59 422
Abstract
The relevance of the research consists of a progressive development of modern technologies and an influence of a computing machinery significance on modern society, where a special place is taken by computer programs, which are the very basic for development and functioning of computer games (video games). Since an interactive entertainment industry (which is represented by video games development, promotion and sale) is undergoing a formation to an important part of modern life, the purpose of this research is a legal identification of video game as a special object of intellectual property. In order to achieve the purpose of the research, the techniques of the legalistic scientific method of enquiry were used, for within the context of the research video games had been examined from a legalistic approach, which allowed to conclude that a video game is a complex object of intellectual rights, where copyright objects are prevailed as composite results of intellectual activities. Thus, a video game is a multimedia product, which protection is carried out on both internal (national) and international levels. The findings allow to consider video games in a legal aspect and give a proper amount of idea of how is legal regulation of such category of intellectual rights objects taking place.
60-65 123
Abstract
In this article, the author discusses the nature of collateral relations, the subject of which are exclusive rights to intellectual property. Problems and features of these legal relations from the point of view of law, current legislation.
66-69 118
Abstract
In the modern world, where the process of globalization and digitalization of society are continuing, where there is a real possibility of losing the national diversity of the indigenous small peoples of Russia in the huge human community of the Russian Federation and the entire world environment, support from the state of vulnerable groups of society should be strictly regulated and legalized The rights and freedoms of all indigenous minorities in modern Russia are constitutionally integral and an integral part of the rights and freedoms of man and citizen of the Russian Federation. This article reviews and analyzes some international legal acts and national laws relating to the rights and guarantees of indigenous minorities of the Russian Federation. Based on the analysis and monitoring of the legislative body of the Russian Federation on indigenous small peoples and national minorities, we can say that the existing problem of the constitutional status of these peoples is primarily due to the specifics of their actual situation.
70-73 183
Abstract
The principle of good faith is of pivotal significance for civil law. There are different points of view on the essence and content of the principle of good faith in modern literature. For correct application of norms about good faith, it is necessary to understand the features of norms-principles, and also to define the criteria of good faith behavior. The article analyzes the Russian doctrine of the principle of good faith. The principle of good faith provides a behavioral standard for the parties of law relationship. Тhe author defined the criteria for good faith, based on the analysis. The principle of good faith is not subject to the principle of freedom of contract. This means that each party has the obligation to display a behavior towards the other party which cannot harm the latter. It is necessary to distinguish between objective good faith and subjective good faith. The application of the good faith principle always requires a determination of what is deemed to be a proper conduct of a party, taking into account all circumstances of the concrete case.
ISSN 2587-5612 (Online)