Journal headings
"Legal sciences"
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Release: 2019-3 (21)
DOI: 10.21777/2587-9472-2019-3-49-55
Keywords: good faith, title ownership, easement, land plot, real estate, property rights, estoppel
Annotation: The article discusses the category of good faith in the context of the exercise of civil rights to property belonging to another person. The current legislation enshrined the principle of good faith in relation to all civil law institutions. An analysis of modern legislation allows us to conclude that today there are no clear and uniform approaches to understanding and disclosing the good faith of both a general and holistic category, and within individual civil law institutions. Based on the methods of analysis and comparison, an attempt was made to trace the implementation of this principle in the dynamics of the right of limited use of someone else’s real estate (easement). The article states the shortcomings that exist in the rules governing the relevant relations. Taking into account the analysis of theoretical and law enforcement material, the author made some conclusions on this issue. The author concludes that it is impossible to formulate a common understanding of good faith in easement law, since it is made dependent on the dynamics of the corresponding relationship. The results of the study can be applied in the law enforcement process in the regulation of relations in the field of easement relations.
Constitutional bases of state health care management in the russian federation
Release: 2019-2 (20)
DOI: 10.21777/2587-9472-2019-2-43-49
Keywords: Constitution, Federal law, health care system, public administration, citizens’ rights, health standards, principles of the national health system
Annotation: The article describes the constitutional basis for the functioning of the health care system in the Russian Federation, the legal framework for the organization of health care, as well as describes the main problems of public administration in the field of health care at the present stage. The characteristic of normative legal acts operating in the health care system is given. The tasks of the target program of development of the pharmaceutical and medical industry of the Russian Federation for the period up to 2020 are revealed. The basic principles of the national health care system existing in the Russian Federation are noted. Proposals for a unified health policy in Russia concerning modern legislation are given. It is proposed to restore and reform the vertical management, namely the redistribution of funds allocated resources. The existing number of unresolved organizational problematic aspects and certain structural imbalances are noted. The article reveals the features of the modern health care management system in the Russian Federation. The main directions of further development in the field of health care management in the Russian Federation are reflected. The most important directions of administration of work on regulation of interaction of public authorities in system of management of health care in Russia are noted.
Democracy as a foundation of social unity of russian state
Release: 2019-1 (19)
DOI: 10.21777/2587-9472-2019-1-48-54
Keywords: state, people, democracy, social unity, national idea
Annotation: In the article, the problems of implementation of constutionally declared principle of democracy are actualized conceptually. The established in Russia political and law regime of free political representation is analyzed. The wording of national idea providing the unity of multi-national Russian people and state integrity is proposed. On the side, there are specified the reasons which obstruct the establishment of the regime of democracy in state and the shift of scientific and social paradigm of rule of the people as a collective subject of law.
Public procurement: applied measures of administrative liability
Release: 2019-3 (21)
DOI: 10.21777/2587-9472-2019-3-56-62
Keywords: government procurement, system of public procurement, monitor of a public procurement, violation of Public Procurement, administrative liability, register of unfair suppliers (suppliers blacklist)
Annotation: The article considers the development of public procurement to achieve its high openness and transparency. The study purpose is to assess the effectiveness of legal penalties in the public procurement. The study purpose was realized by analyzing data on major violations of public procurement. This ensured the attainment goal. Data analysis showed the ineffectiveness of penalties (administrative liability) in Public Procurement. The authors suppose that the further development of public procurement will be focused on toughening the measures of administrative liability of procurement participants for corruption.
Basic terms of the institute of contract termination
Release: 2019-4 (22)
DOI: 10.21777/2587-9472-2019-4-46-51
Keywords: termination of the contract, refusal to fulfill the contract, refusal of the contract, termination of contractual obligations
Annotation: Termination of the contract is a problematic aspect in the contractual dynamics, as it acts as a negative form of their termination. The regulation of this process requires exceptional accuracy and unification. However, in the legislation there is a philological imbalance of the apparatus used. In this regard, the article is devoted to the analysis of the validity of using different terminology in determining cases of termination of contractual obligations by agreement of its parties, at the request of one of the parties in a judicial proceeding and by unilateral refusal to execute a contract without a trial. The methodological basis of the study was the analysis and systematization of available data in the regulatory and enforcement components. The result of the study was the author’s suggestions on certain issues of improving the current legislation aimed at stabilizing law enforcement.