Журналы

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"Legal sciences"

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Procedural guarantees of rights of minors suspected and accused to communicate with its legal representatives

Page:74-77

Release: 2019-3 (21)

DOI: 10.21777/2587-9472-2019-3-74-77

Annotation: The article substantiates the need to supplement the Russian criminal procedural law with guarantees of the rights of juvenile suspects, accused and their legal representatives to communicate with each other. The important presence of the legal representative of the minor suspect, the accused has a number of rights to perform those actions, the successful implementation of which for the minor would be difficult, and in some cases impossible. An example is given that the Code of Criminal Procedure of the Republic of Moldova enshrines the right, both of the legal representative of the injured, injured, civil plaintiff, and of the legal representative of the suspect, accused, defendant, admitted to participate in criminal proceedings in this capacity, to freely and confidentially communicate with him person without limiting the number and duration of conversations. It is proposed that legal representatives should be guaranteed the ability to protect the rights and interests of represented persons - minor suspects, accused, and to ensure this possibility it is necessary to provide legal representatives with the same rights to visit a minor suspect or accused as the defense attorney.

The civil nature of the concept of “damages”

Page:61-63

Release: 2019-2 (20)

DOI: 10.21777/2587-9472-2019-2-61-63

Annotation: In the article on the basis of the analysis of the existing legal acts, reference judicial practice, as well as scientific sources, the concept of “damages”, which is one of the most important links of the civil conceptual and categorical apparatus, is considered. In the work the author focuses on the debatable nature of the concept under study, it is noted that the success of law enforcement depends largely on the correct understanding of the definitive semantic load of “losses” in the theory of civil law. Based on the evidence, it is concluded that damages are a universal measure of civil liability applicable in both contractual and non-contractual obligations.

Legal status of a minor child and its implementation in the russian legislation

Page:68-72

Release: 2019-1 (19)

DOI: 10.21777/2587-9472-2019-1-68-72

Annotation: The article discusses the legal status of a minor child, which is enshrined in the Constitution of the Russian Federation. The role of the Constitution of the Russian Federation as the most important component in the legal system of Russia is shown. The positive approaches that have developed in our country in the protection and realization of the rights and interests of the child are noted. The characteristic of the concept of “juvenile legal personality” is given. The structural elements of the juridical personality of a minor – legal capacity and capacity are considered. The various points of view existing in Russian legal science on the concepts of “legal subject”, “subject of law” are noted. The position of a number of Russian jurists on the relationship between the concepts of “legal status” and “subject of law” is presented. An attempt was made to analyze these categories; the specificity of their implementation in the legislation of Russia is shown.

Electronic access to information protected by copyright, via specialized mobile appendices in information-telecommunication network «internet»

Page:66-73

Release: 2019-4 (22)

DOI: 10.21777/2587-9472-2019-4-66-73

Annotation: In this article, the author wanted to reflect the legal reality that was formed in the information and telecommunication network “Internet” (hereinafter referred to as the Internet). The main goals of writing this article are to reflect legal support within the framework of the current legislation in the Russian Federation, as well as scientific analysis on the example of legal interaction between legal entities and copyright objects on the Internet. The relevance of this article is expressed in defining the legal principles of copyright protection, defining methods for protecting copyright in the modern global information space. The method of research when writing the article was law enforcement and a general analysis of the legal relevance of the interaction of legal entities when using information content posted for public access on the Internet. The result of a study using a specific example in the main part of the text of this article will be the exact application of the existing laws and regulations of the Russian Federation in the formation of algorithms and practical actions for the implementation of copyright in the Internet.

Topical problems of classification of crimes endangering a persons life and health

Page:78-82

Release: 2019-3 (21)

DOI: 10.21777/2587-9472-2019-3-78-82

Annotation: Crimes that endanger the life and health of a person are socially dangerous acts that create or do not eliminate the real danger of harming the life or health of another person, if the guilty person has no direct intention with regard to possible consequences in case of danger. Crimes endangering life and health are those violating the safety of given personʼs welfare the responsibility of which is regulated by art.116, 119, 120, p.1 art.122, p.1 art.123, art.125 of Criminal Code. Despite the fact that theoretical aspects of penal responsibility against life and health are considered as one of the most developed crimes in criminal law they were deprived of scrupulous attention. The lack of a single point of view regarding the definition and types of crimes that threaten human life and health leads to difficulties in qualifying these crimes and distinguishing them from other related elements.