No 4 (2010)

Cover Page


Comparative - legal analysis of noble forms of land property in Russia in XIX century

Ezzjeva M.N.


Comparative - legal analysis of noble forms of land property, existed in Russian empire in XIX - at the beginning of XX centuries is provided in the article.
RUDN Journal of Law. 2010;(4):5-11
pages 5-11 views

The rights to other people's land in Roman law

Byshkov P.A.


The article discusses the genesis of limited real rights to land in Russia. An analysis of certain types of limited real rights to land in law and doctrine of the Russian Empire and the Soviet Union.
RUDN Journal of Law. 2010;(4):12-20
pages 12-20 views

Assessment approaches of the local administration entity in Russian and European scientifically-legal traditions

Balykhin A.G.


The article contains the analysis and assessment of the local administration entity, its dual nature caused by consolidation of the administrative functions and bases with public. In the article are also considered different reforming stages of the local administration in Russia, general principle of its modern organization and legal basis of the municipal administration in comparison with the similar process in the foreign legal and administrative tradition.
RUDN Journal of Law. 2010;(4):21-26
pages 21-26 views

Abolition of the death penalty in the light of the general principles of law

Sidorkin A.S.


The author explores the problem of the abolition of the death penalty in the light of the universal legal principles of equality, proportionality, humanism and separation of powers. According to his position, the procedure of the abolition of the death penalty in the Russian Federation was not totally conform to this principles.
RUDN Journal of Law. 2010;(4):27-34
pages 27-34 views

Theoretical problems of use in the Russian Federation antitrust system of such measure as exaction of illegally received income

Pisenko K.A.


Article is devoted actual theoretical and practical problems of application and use in Russia among force in law measures of the state antimonopoly control of such measure, as exaction in the federal budget of incomes illegally received as a result of infringements of the antitrust law. In the first part from dogmatic methods legal regulation of the given measure is considered. In the second part of article author analyses the problem de lege ferenda. One of the central objects of the article - legal position of the Constitutional Court of the Russian Federation on the question of constitutionality of exaction in the federal budget of illegal incomes in the Russian Federation antitrust system.
RUDN Journal of Law. 2010;(4):35-48
pages 35-48 views

Theoretical bases of bank monitoring

Alekseeva D.G.


In the scientific article questions of maintenance of financial stability of bank system, its safe functioning and development are analyzed. Necessity of realisation of bank monitoring with a view of creation of the competitive market of financial services and perfection of legal regulation of bank activity is proved.
RUDN Journal of Law. 2010;(4):49-60
pages 49-60 views

Administrative responsibility of legal entity for breaking disclosure law on the security market

Ivashchenko S.А.


The article considers administrative responsibility for breaking disclosure law. Presenting and disclosing information seems to be absolutely important institution, which is called to make activity of an enterprise be controlled by their shareholders, and moreover to make it possible to realize government function of controlling the activity of legal entities on the security market. Especially important to gain error-free and full information for potential investors, who make their decisions about participating on the security market depending on this information. That's why actual administrative responsibility is called to make this information error-free, actual and correct.
RUDN Journal of Law. 2010;(4):61-67
pages 61-67 views

The Formation of Family Law (Marriage and Divorce) in Russia (own traditions, international and foreign influence)

Kosareva I.A.


In the article author shows how own national legal traditions, international and foreign law influence to the formation of modern family law (marriage and divorce) in Russia.
RUDN Journal of Law. 2010;(4):68-73
pages 68-73 views

Freedom of the will and cases of its limitations

Lotareva J.B.


The article deals with the concept of freedom of the will of the Civil Code, the development of freedom of the will, the condition of its implementation, as well as cases of its limitations.
RUDN Journal of Law. 2010;(4):74-80
pages 74-80 views

Budgetary process in the Russian Federation: certain legal and economic issues

Veremeeva O.V.


The author of the article performs the research of certain aspects of the budgetary process in the Russian Federation. Both economic and legal frameworks of the budgetary process have been overviewed in the article. The author brings about clear proposals on improving procedural rules of budget preparation process. Special attention has been paid to legislative authorities and their role in reinforcing independence and self-sufficiency of budgets within the budgetary system of the Russian Federation.
RUDN Journal of Law. 2010;(4):81-87
pages 81-87 views

General provisions on economic societies in EU law

Kirsanov А.N.


In article the questions connected with enterprise activity of economic societies in EU are considered. The problems arising in the course of interaction наднационального of the right of EU with the national legislation of the states-participants of EU, regulating joint-stock правоотношения are exposed to research.
RUDN Journal of Law. 2010;(4):88-91
pages 88-91 views

Powers of the president in the U.S. system of checks and balances

Kucherenko P.A.


The article discusses a number of pressing problems related to the functioning of institutions of the President of the United States. It studies and analyzes the sources of presidential power, the theory of checks and balances, and provides an overview and assessment of the terminology of the topic. The author examines the legal nature of the presidency and the relationship of Congress and the President of the United States. Furthermore, he analyzes the role of U.S. Supreme Court decisions in determining the place and role of the President within the framework of the legal system.
RUDN Journal of Law. 2010;(4):92-101
pages 92-101 views

About the legal nature of hypothecary crisis in the USA

Ponka V.F.


The article discussed issues related of essence and the reasons of genesis of hypothecary crisis are considered, and also to the study of the legal status of motgage lending institutions in the USA: Fannie Mae, Ginnie Mae, Freddie Mac. In addition, addresses issues related to the consideration of the legal mechanisms for mortgage loans.
RUDN Journal of Law. 2010;(4):102-109
pages 102-109 views

Legal regulation of migration relations: German approach

Nemytina M.V., Kulitchenco N.A.


This article is devoted to the analysis of patterns of c ontemporaneous migration politics in Germany. Authors present their vision of useful models of German legal immigration politics appropriate for the Russian legislation.
RUDN Journal of Law. 2010;(4):110-117
pages 110-117 views

The general beginnings of infliction of punishment on criminal law of Tajikistan

Tuliev I.R.


The article deals with the general principles of sentencing, which are reflected and specification of principles of criminal law. The paper examines the main issues of general principles of sentencing, a number of contentious issues in the legal literature, a distinction between the criteria of sentencing and the criteria of individualization of punishment.
RUDN Journal of Law. 2010;(4):118-129
pages 118-129 views

Comparative legal analysis of U.S. plea bargains and special order the trial of the Russian criminal proceedings

Kelbiev M.R.


This article discusses the similarities and differences between U.S. plea bargains and special order of the trial of the Russian criminal proceedings. The history of the special order of the trial in the Russian criminal procedural law.
RUDN Journal of Law. 2010;(4):130-136
pages 130-136 views

International auditing standards: legal regulation

Golovach I.O.


This research investigates the reasons of origin and topicality of appliance of International Auditing Standards. The author pays attention to the history of formation and to the main functions of International organizations which set up International Audit and Financials' Standards. The main role is given to the legal regulation of International Auditing Standards and to the possible ways of their application in different countries. In conclusion the author detailed describes legal regulation and application of International Auditing Standards in Russia.
RUDN Journal of Law. 2010;(4):137-146
pages 137-146 views

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RUDN Journal of Law. 2010;(4):147-148
pages 147-148 views

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