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Theoretical and Applied Law

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No 2 (2019)
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ARTICLES

20-26 831
Abstract

The article examines the important, but insufficiently deeply and detailed category of “validity of law” in the legal
literature. The author gives a detailed overview of interpretations of this category in the works of foreign philosophers of law (R. Alexie, R. Kauffmann etc.). As a result of the analysis, the author concludes that a combination of positivist and jusnaturalist approaches that complement each other is necessary to adequately understand the validity of the law. This provides an opportunity to build an integrative theory based on an understanding of the validity of law as an order uniting the natural and will-established beginnings.

27-30 665
Abstract
The writer formulates the content and characteristics of a subjective right in post-classical legal science context. Postclassical jurisprudence develop rethinking the objectivity of law. Therefore, objective and subjective law complement each other. The content of subjective law is formed by the legal actions of people, the results of actions and mental processes that mediate these actions.
31-37 640
Abstract
The article is dedicated to the results of the land law reform which was carried out in 2018, namely the introduction of updated provisions on public servitudes to the Land Code of the Russian Federation. It can be argued that today in the Land Code of the Russian Federation there are rules on two types of public servitudes — for benefit of any number of unspecified persons (art. 23) and in favour of certain entities (Ch. V.7). Both types of public servitudes are established in accordance with the Land Code of the Russian Federation, i. e. the provisions of the Civil Code of the Russian Federation are inapplicable to the legal relations arising in connection with establishment, implementation and termination of public servitudes. In this context the question on the legal nature of public servitudes arises. In particular are public servitudes subjective property rights? The author of the article offers answers to this and some other questions.
38-41 537
Abstract
The reform of the rules on debt release (Article 415 of the Civil Code of the Russian Federation) in 2015 raised the question of whether this novelty changed the fundamental principles of civil law. Amendments to the article do not require the consent of the debtor to forgive the debt. Is this a step to the rule that it is not required the consent of the donee in the donation? The author analyzes these amendments on the base of philosophical studies of S. Alekseev and assesses its role in the development of civil law.
42-50 666
Abstract
The current Russian legislation defines the Internet as a kind of information and telecommunication network. The article is devoted to the problems of legal regulation of business use of the Internet. One of the main issues today in the context of relations “business — Internet” is the question of the ratio of the application of existing legislation and the adoption of special regulations that take into account the specifics of the world wide web. According to the author, there is no need to give a special status to the conclusion and execution of transactions through the Internet space, adopting special laws, it is enough to develop the provisions of existing ones, developing a mechanism for the use of Internet technologies.
51-55 1065
Abstract
Structural elements of legal consciousness of lawyers can be deformed under the influence of various factors, which creates adverse consequences for the individual, the state and society. Law enforcers have the ability to reduce the impact of certain deforming factors, to prevent the risk of professional burnout, if the choice of professional legal activity (profession) will correspond to their moral ideas.

ESSAYS

56-63 655
Abstract
The article is devoted to the peculiarities of the formation of the legal basis for the execution of this type of criminal punishment, like forced labor. The scientific paper uses formal-logical, historical and comparative-legal research methods. The history of the appearance and development of this type of punishment is analyzed, the study of the straitjackets. workhouses and penitentiary detachments as a prototype of modern correctional centers is being conducted. The results of the first year of compulsory labor in the Russian Federation were summed up. The main problems and difficulties associated with the execution of punishment in the form of forced labor are indicated.
64-68 400
Abstract
The urgency of the article is stipulated by the importance to form international legal institutes aiming at fighting against corruption and the problem related to implementing international regulations of the anti-corruption purposefulness in national legal systems. The use of formal legal methods allowed to research the following groups of the most important anti-corruption regulators: international anti-corruption standards and principles, international and legal mechanisms of monitoring the fulfillment of anti-corruption conventions, and international legal measures to prevent corruption. Empiric data show that the lack of the system counteraction to corruption as a negative social and legal phenomenon causes the erosion of legal institutes, and finally, their full non-operability. It is necessary to further integrate international cooperation in this area. It must result in the formation of the standard unanimity of institutes of national jurisdiction in fighting against corruption.

REVIEWS

69-74 433
Abstract
The article analyzes the special rules governing the legal relations between state customers and contractors on the distribution of the rights of the parties to the results of scientific and technical activities obtained in the performance of research, development and technological works at the expense of the Russian Federation. It is shown that in General, the evolution of the regulatory framework in this area has both positive and negative trends. Conclusions are drawn that the system of legal regulation of legal relations concerning distribution of the rights to the results of scientific and technical activity received at performance of research, developmental and technological works at the expense of the Russian Federation, developing, being improved, is still in a formation stage, it cannot be considered complete.


ISSN 3034-2813 (Online)