Zhurnal grazhdanskogo i ugolovnogo prava

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.