Zhurnal grazhdanskogo i ugolovnogo prava

3-9

Authors: Liubov V. Cherniavska

The article is devoted to investigating the legal bases of State regulation of innovation. The main attention is paid to the analysis of the existing legal mechanism of State funding for innovative. The current legal model of State management of innovation activity is not effective. The author considers the main factor that reduces the effectiveness of State regulation of innovation activity in Ukraine is the imperfection of the legal regulation of State financing of investment projects. The existing legal model of State regulation of innovation activity does not provide the proper level of governmental financial support for innovative projects. The transition from budget-estimate model of financing of the State support of innovation activity to model tender procedures can provide real public funding of selected by an open competition innovative projects, and requires substantial modernization of the budget legislation and legislation on investment and innovative activity. The author makes a conclusion about the necessity of revising this mechanism and about the need for modernization of the budget legislation the innovative legislation.

16-22

Authors: Anna S. Slavko, Yulia D. Gusak

The legal regime of detention in places of detention is discovered in the article. First of all, the authors determine the places of detention characteristics and list of the institutions, which are the places of detention in Ukraine. It was determined that the places of detention are leaded by 10 executive bodies, including the Ministry of Justice, the Ministry of Education, the Ministry of Health, the Ministry of Internal Affairs, etc. An attempt to systematize the Standards for the detention of prisoners provided by the Committee for the Prevention of Torture was made in the article. The authors emphasize the importance of having proper sanitation and hygiene conditions for prisoners. Also the norms of Ukrainian legislation concerning the regime in places of detention were analyzed. In addition, an analysis of the decisions of the national courts and the European Court of Human Rights regarding the imprisonment in Ukraine was conducted. It was pointed out that there were some problems in the functioning of the places of detention (inadequate lighting and temperature conditions, insufficient food, lack of running water in the rooms, etc.). At the end, conclusions on possible ways to remedy the situation are drawn.

4-11

Authors: Oleg G. Ershov, Elena I. Shielko

The article discusses the issues of the legal regime of property of spouses in the family law of foreign countries. In particular, based on the analysis of the legislation of the countries of the Roman-German legal system (Germany, France) and the Anglo-Saxon system of law (England, USA), the conclusions have been drawn on the possibility of borrowing the positive foreign experience for the purpose of subsequently reforming the norms of Russian family law. Of interest is the mechanism for determining the value of the property, which goes into common property, as well as the rules protecting the spouse during the marriage and after its dissolution. It is also concluded that while reforming the foreign family law, the legislator can perceive the national experience regulating family relations related to the legal regime of the property of spouses. In particular, the principle of equality of spouses in marriage can be of interest, which allows to guarantee the protection of the interests of each spouse during the period of the possession, use and disposal of common property. Such guarantees are related to equal opportunities in managing common property; the absence of differentiation of the legal regime, depending on the manner in which the marriage is concluded; foreclosure on demand of creditors on the property of the spouse, and then on the common property; expansion of the list of property falling under the legitimate regime.

20-28

Authors: Alexander M. Moiseev, Aleksey M. Zhygulin

The documentation technology of the crimes of the international character in the territories of the armed conflict has been considered. The public commission, which carries out this documentation, serves as an out-of-procedural subject of proof in the international judicial proceedings. It interacts with international judicial instances by providing them with its testimony, drawn up on the results of the carried out documentation. It has been shown that the specialist and expert, who participated in the documentation, can provide explanations in the international court. The explanations are defined as getting help in the interpretation of the drawn up testimony from the representatives of the public commission by the prosecutor, court and other members of the international judicial process. The preference of such explanations in written form has been substantiated. The written explanations of the specialist (expert) are available for the control by the subjects of international judicial proceedings. The other preferences in the organization of interaction between the representatives of the public commission and the international judicial instances have been formulated. The problem solutions of the procedural control of the remote interaction between the representatives of the public commission and an international court have been suggested. The prospects of the remote mode of such interaction on the assumption of using the opportunities of the automated work place of the specialist (expert).

38-49

Authors: Natalia N. Novikova

The article discusses the legal grounds for the inclusion of biological materials of human in civil circulation on the basis of norms of obligations (contractual) right. The gradual recognition of organs and tissues of the human body proprietary nature raises questions on the possibilities of involving of these objects in the civil turnover. These issues arise not only in Russian but also in foreign law and legal practice. This article examines the possibility of contractual regulation of these relations, including on a reimbursable basis. The study proposes a mechanism of such regulation, taking into account characteristics of legal and morally-ethical categories, including proposed changes to the current civil legislation.

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.

36-43

Authors: Evgeniy A. Konyukh

In the article the problems of rendering of tourist services in the part of Charter air transport passengers in cases where the airline unilaterally refuses to perform the voyage by reason of non-payment by the tour operator. The author explores the features of the contract of chartering (Charter) aircraft, as well as the question of establishment of grounds for recognition of tour operator delaying the lender.

51-55

Authors: lvan A. Sentsov

The article analyzes problems of corporate conflict resolution. It is concluded that after 01.09.2014 year Russia got a new civilized mechanism for resolving corporate conflict. This is the liquidation of a legal entity by a court decision at the request of the suit of the founder (participant).