Zhurnal grazhdanskogo i ugolovnogo prava

62-70

Authors: Elena Yu. Antonova, Ivan M. Antonov

The article discusses the object of the crime of sexual orientation. Based on the analysis viewpoints of scientists, as well as the norms of criminal law, the article concludes that the sexual inviolability and sexual freedom are a manifestation of personal freedom and bodily (physical) inviolability of the person. In keeping with the position that sexual inviolability and sexual freedom of the individual is an integral part of the way of sexual relations, the authors formulated its criteria. In addition, the article expressed a critical position unreasonably expansion by the legislator range of offenses against sexual inviolability, to include the number of crimes against public morality in the field of sexual morality.

80-86

Authors: Oleg G. Ershov, Alexandra N. Zhdanovа

The paper reveals the shortcomings of the legal structure of the deposit as a way of ensuring fulfillment of the obligation. The conclusion about imperfection of expression structure of the deposit, the deposit shows contrast from adjacent legal structures, such as advance payment, security deposit and a penalty. The proposed criteria of differentiation, and the imperfection of the legal technique to be considered in the further development of civil law. On the basis of the civil law theory allocated additional features characteristic of the deposit: a written agreement on the advance may be regarded as proof of the will of the parties, which is aimed at the conclusion of the main contract; such an agreement should not be reduced to a civil contract, it is not subject to the requirements of the harmonization of the essential conditions, offer and acceptance; permitted to use the deposit liabilities in tort, in this case, it only performs the function of a payment; depending on whether public relations is used deposit (property or organizational) that is allocated the main functions of the deposit begins to take priority in comparison with others; deposit may be made by a third person instead of the debtor.

98-106

Authors: Safarzoda Anwar Islom

The acquisition of independence and realization of social and political reforms in the Republic of Tajikistan, along with the positive transformations in all spheres of society and the state, led to the emergence and spread of new types of socially dangerous acts that were not previously known in the art of fighting crime in our country, one of the which is considered the legalization (laundering) of money or other property obtained by illegal means. Analysis of current trends in the development of crime linked to money laundering shows her entering the international level, as a result, and the fight against it acquires an international character. Accordingly, the international community recognized the need to take steps to bring national legal systems to combat money laundering in line with international legal norms. The appearance of the existing rules of criminal liability for money laundering in different countries, including Tajikistan, due to the influence of international instruments in this field. For this reason it is necessary to systematically analyze and compare international legal standards with national standards to combat money laundering. The article deals with the legal framework for combating money laundering in international law and problems of its implementation in the Republic of Tajikistan legislation. The author analyzes the international legal rules governing anti-money laundering, determines the order of their implementation in national legislation. It concludes in the work that some of the international law does not correspond to the national legislation against money laundering and one can conclude that if the legislature has ratified but not implemented the international legal norms in criminal law enforcers cannot rely on these standards and solve the problem in accordance with international regulations.

4-10

Authors: David Álvarez

Tourism is an activity, which has a heterogeneous treatment by scholars in this field. Current approaches prefer to focus on it from economic consideration in general or as a simple genesis of new contractual arrangements. The tendency to consider tourism as a matter of State requires then of a normative political effort and the implementation of basic criteria that would serve to consolidate it in this sense. Studies on tourism are relatively recent. While chemistry, medicine, mathematics and geography have been under review since the earliest times, this "pleasure" travel does not begin to be studied in a scientific manner until between the wars (1919-1939). During 1920s, the world lived a stage of economic boom. It was at this time when it was popularized the use of the telephone, automobile and home appliances as well as travel, because in these years, thanks to the increase of income per capita and a cheaper, a lot of people that before would not have been able to have access to tourism, had access to this privilege. This explains that the increased movement of people leaves more money in the visited places (receptors cores). The first effect arising from the massive influx of tourists to a place is therefore expenditure; hence the first studies were carried out from the world of economics. Tourism is defined as the set of relations and phenomena that occur as a result of displacement and temporary stay of persons outside their place of residence, provided that it is not motivated by lucrative reasons.

21-32

Authors: Pavel N. Biriukov

The article examines the legal basis of criminalization of impeding the obstruction of justice and the confiscation of property. The rules of international law and the norms of national Criminal Codes of different countries provide a legal framework to combat such acts. There should be taken into account international experience to improve national laws. Also the article deals with the confiscation of property obtained by crime in a foreign national law. Each State shall adopt such legislative and other measures as may be necessary to enable it to confiscate instrumentalities and proceeds or property the value of which corresponds. "Property" includes property of any description, whether corporeal or incorporeal, movable or immovable, and legal documents or instruments evidencing title to or interest in such property. The article gives a number of norms of foreign law, which measured different aspects of confiscation.

41-47

Authors: Roman V. Minin

The problem of establishing criminal responsibility of legal entities in Russia is widely discussed by the scientific community for over twenty years. Bills providing for such responsibility, has repeatedly sent to the State Duma of the Federal Assembly of the Russian Federation. This work is devoted to study of legal experience of regulating corporate criminal liability in France. The author explores the design liability of legal entities, considers the terms of such liability. Separately addresses the problems of determining the guilt of legal persons, establishment of the objective side of the crimes committed by corporations. This paper considers the list of crimes in which a legal person may be subject and the system of punishment of legal persons. Despite the fact that corporate criminal liability exists in France for a long time, the problems of this institute have been widely discussed by legal scholars. The author quotes the opinions of French jurists on the decision of some legal problems, allowing the improving of reporting institution. However, it is noted that the enforcement experience of practical involvement of legal entities to criminal liability is negligible. Annually attracted only a few legal entities. According to the author, the French experience should be taken into account by the legislator of Russia in the formation of a similar institution in the domestic legislation. So, as noted in the work, the advantage of corporate criminal liability in France is well-designed questions of guilt of a legal entity, the objective aspect of crime, the penal system and state immunity from prosecution.