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Legal thought: history and contemporarity
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3–11
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In recent years, IT development, widespread use of the Internet, growth of information culture in Russia have prioritized providing state and municipal services in electronic form in relation to e-Government and the entire system of executive bodies. The article focuses on the connection between tasks in building welfare state through the functions of all government bodies and the system of services — a form of cooperation between governmental and municipal bodies on the one hand and individuals and entities on the other. The article also emphasizes the differences in regulatory formalization of functional and service relations. |
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12–20
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The article is devoted the well-known French jurist Bertrand D’Argentr� (1519—1590) who in the literature of the international private law is considered the founder of the “classical” statutory doctrine. D’Argentr� was the first who made a rigid division of all laws into personal, real and mixed statutes. The category of the mixed statutes is the most powerful contribution of D’Argentr� to the development of the international private law. However, the scientist did not manage to develop any general criteria for solving problems of the conflict of laws. His theory lacks integrity and sequence; the category of the mixed statutes for D’Argentr� has no specific concept. Despite it, later D’Argentr�’s doctrine was widely referred to the legislations of many Western Europe countries of XVIII-XIXth centuries. |
Russian law: conditions, perspectives, commentaries
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21–34
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This article deals with the status and place of subordinate legislation in the legal regulation of the Russian Federation taxation and legal characteristics of the main types of subordinate regulatory and non-regulatory acts. The article also considers particular issues of legal execution of official interpretation of the tax legislation. The established administrative practice and case law on the issues of lawmaking are also given in this article. |
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35–47
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Legal capacity of organizations involved in civil turnover is one of the most complicated issues in Russian law and is a controversial subject in legal literature and judicial practice. Changes in the Russian legislation and creation of new types of judicial persons contribute to a more fruitful analysis of this area as it is relevant to improve the Russian legislation. The article contains analysis of autonomous institutions’ legal architecture and its potential application in accordance with the Federal law on Autonomous Institutions and French legislation. |
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48–62
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Some trends of reforming criminal legislation are analyzed in the context of Russia’s modernization policy. Special attention is given to criminal policy liberalization proposals with regard to tax crime countermeasures. These proposals are also considered along with lawmaker’s first steps towards mentioned goals in 2009. The author finds that the same approach to economic crime of any other kind is needed to retain a tough approach to other criminal acts, especially violent. |
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63–68
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The problem of determining international jurisdiction in terms of the Internet is stipulated by transnational character of the web and limitation of territorial competence of states. Analysis of Russian laws shows that the Internet is not covered by Russian jurisdiction – the most important feature of state sovereignty. Jurisdiction criteria, being formulated, must avoid identifying jurisdiction only by accessibility of information on the Internet. The most desirable way to solve the problem of determining international jurisdiction over the Internet would be regional jurisdiction international treaties between states with similar legislations in the area of civil procedure. |
Law in the modern world
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69–83
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The article is devoted to the development of the EU Law considering its transformation by the Treaty of Lisbon which entered into force on December 1, 2009. The reasons, structure and contents of the Treaty of Lisbon are analyzed. Classification of stages of its development is given in the light of its main trends and perspectives. Views of foreign and Russian scientists on the problems of constitutionalization of European Law are reviewed. |
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84–97
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This paper completes the analysis of the legal regulation of non-tariff barriers to provide free movement of goods in the EU. The author reviews the evolution of the regulating mechanism in the interests of member states and the influence of fundamental human rights and freedoms on its implementation. |
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98–113
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This article tackles the issues of legal status of the European Central Bank (ECB) as a key element of the European banking system. The author scrutinizes the main steps of the ECB formation, its place in the system of institutions, EU bodies and agencies, its organizational and functional structures. The author focuses on the application of principles of independence and accountability in the activities of the ECB, and how they are represented in regulating the ECB legal status. |
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114–124
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The paper tackles the problems of effectiveness in the area of copyright protection of low authorship on the material of French court cases. On the basis of the analysis of malfunction arising when joining such works to subject matter of copyright, conclusions on the efficiency limits of continental copyright tool have been made. |
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