Ural Journal of Legal Research


Ural Journal
of
Legal Research

Recent content

Issue № 5, 29.11.2019


Articles:

Alexander A. Sukharev

TRANSITION TO A UNIFIED PROPERTY TAX PERSPECTIVES

The problem of the transition from land tax and property tax of individuals to a single tax on real estate is analyzed. The author notes both positive and negative moments of such a transition. The reasons are noted for which no single tax on real estate has been introduced in the Russian Federation at present. The author concludes that the introduction of this tax on the territory of the Russian Federation will have a positive impact on the effectiveness of solving environmental and social problems.

Irina V. Soshnikova, Vitaliy A. Rukoleev

THE DIFFERENCE OF CRIMES AGAINST CONSTITUTIONAL RIGHTS AND FREEDOMS OF THE HUMAN AND THE CITIZEN FROM ADMINISTRATIVE OFFENSES AND INSIGNIFICANT ACTS

This article is devoted to the study of problems related to the delimitation of crimes against constitutional rights and freedoms of the human and the citizen from administrative offenses and insignificant acts. The authors carried out a general description of the distinguishing qualifications based on law enforcement practice. Based on the results of the study, several controversial questions have been formulated, the legislative regulation of gaps in legal regulation have been proposed to affect positively on protection of constitutional rights and freedoms of the human and the citizen.

Yuliya P. Popova

IMPROVEMENT OF CRIMINAL LEGISLATION ON HUMAN ORGANS AND TISSUE TRANSPLANTATION VIOLATIONS

The article analyzes the legislation of the Russian Federation on responsibility for illegal transplantation, which does not entail death or serious harm to the patient's health. Neither the Administrative Offences Code nor the Criminal Code contain elements of these offenses. However, in the medical practice, there are cases indicating an attempt by doctors to withdraw organs for illegal transplantation without the consent of the donor. Proposed amendments to the Administrative Code and the Criminal Code of the Russian Federation as well as the Law of the Russian Federation (22.12.92), № 4180-I “About transplantation of human organs and (or) tissues” and the draft Federal law “On donorship of human organs and their transplantation”.

Kseniya E. Kovalenko, Viktoriya Yu. Gorovaya, Svyatoslav A. Gorovoy, Maria A. Starodubtseva

THE OBJECT OF BRIBER

The article analyzes the object of bribery. The possibility of recognition as a subject of receiving a bribe of sexual services, fake banknotes, narcotic drugs and psychotropic substances is being considered. Particular attention is paid to the problem of the impossibility of qualifying an act as receiving a bribe because its monetary value often does not reach the minimum limit prescribed in law. The authors conclude that counterfeit banknotes, items withdrawn from circulation, and non-property services may be subject to bribes

Maxim A. Istomin

THE ISSUE OF THE ESSENCE OF THE DIGITAL RIGHTS

The author analyses the new object of civil rights in Russian legislation, the digital rights, which are considered to be a type of subjective property rights. The author highlights the kinds of such digital rights (tokens), comparing this object to others and by analysing the legal relation involving the object. The author points out that, on the one hand, the importance of appearance of such subjective digital rights, and, on the other hand, at absence of the certain regulation in the Russian civil law nowadays.

Nadina B. Ignatova

PROS AND CONS OF THE ESCROW ACCOUNT IN THE PARTICIPATORY SHARED CONSTRUCTION

The article shows the advantages and disadvantages of the escrow account in the participatory shared construction. This article reviews the peculiarities of the application of the amendments to the Federal Law № 214- ФЗ of 30.12.2004 (ed. 27.06.2019) "On Participation in the Shared Construction of Apartment Buildings and Other Real Estate Objects and on Amendments to Certain Legislative Acts of the Russian Federation".

Eugene I. Ivanov

THE CORRELATION BETWEEN THE DEFINITIONS OF “CONTRACT” AND “AGREEMENT” IN CIVIL LAW

The author explores the problem of the interrelation between the terms of “contract” and “agreement” in the field of private law. The positions of pre-revolutionary, soviet and modern legal scholars, the provisions of Russian and foreign civil law, as well as the provisions of international law are analyzed. The author indicates that in the field of legal science the problem posed does not have a uniform approach to its resolution. The author proposes to consider the concepts of “contract” and “agreement” impossible to compare on the same basis.

Danil I. Dementiev

LEGISLATION ON ANIMALS: BASIC TERMS. THE OWNERSHIP OF FAUNA

In the article animals and fauna objects legal regulation and correlation of those terms are analyzed. Understanding and correlation of other terms: domestic animals, wild animals, water biological resources, synanthropic animals, farm animals, other fauna objects, neglected animals and animals without holder are identified. Cases of legal ambiguity, regulatory legal act discrepancy of mentioned terms are detected, elimination methods of such ambiguity and discrepancy are offered. Legal acts provisions about ownership on animals and fauna are analyzed. Legal regulation concept on the basis of dividing animals into three groups of civil, environmental and nature management legal relations is offered.