Vol 3, No 10 (2019)

We analyze one of the most important legal properties of the individual – capacity, as well as conditions of recognition person as incapable. Institute of incapacity norms were formed in Roman law, and in contemporary legal systems they are an indicator of tolerance level towards various deviations in the social behavior of an individual. We give a brief analysis of the Roman law provisions on the factors and conditions for the capacity diminishment and the recognition of a person as incapable. In Ancient Rome, only free-born man had legal capacity and personal capacity, and the reason for capacity diminishment could be the state of health, disgrace, wastefulness. The basis of institute of incapacity legal regulation in Russian civil and criminal law is the basic provisions of Roman law, which have been transformed and reflect contemporary medical knowledge and ideas about the social status of citizens. Citizens with diminish capacity may be recognized on the basis of various circumstances; accordingly, there are different types of restrictions in the implementation of their rights. This is the basis for dividing the diminished capacity of a person into two types – full and partial. We analyze the conditions for partial diminish of capacity. We provide judgments of scientists on the need to introduce such grounds as video games addiction, gambling, and wastefulness. We assume that these circumstances should be taken into account upon making decisions on the capacity diminishment and develop the relevant judicial practice. We propose a new wording of paragraph 1 of part 1 of article 30 of the Civil Code of the Russian Federation.

The relevance of the topic is due to the importance of such an element of the constitutional and legal status of man and citizen as the right to housing. According to para. 1, Art. 40 of the Constitution of the Russian Federation everyone has the right to housing. At the present stage of social relations development the problem of proper maintenance of right to ownership on residential premises remains acute. The realization of the right to ownership of housing is the foundation for the functioning of the economic and social policy of the state. The purpose of the study is to consider the specifics and content of legal relations related to the ownership, use and disposal of residential premises. We identify the concept of “residential premise”, we also include the scholars position regarding this issue. We consider the proprietary rights for the use, ownership and disposal of property, which in their unity constitute the content of the property right of residential premises. In addition, we analyze the basic provisions of the regulations governing the implementation of the right of ownership of residential premises. We designate the grounds for the emergence of residential premises ownership, as well as the rights and obligations of the owner of the premises. We concluded that the property right is inalienable and serves as a guarantee of the constitutional right to housing.

We consider various approaches to understanding and classifying such  phenomenon as “iatrogenesis”. Taking into account the specifics of the stated theme, we highlight informational and mental manifestations of iatrogenesis, we identify approaches where these types differ, as well as approaches where they are identical. Due to this, we analyze informational and mental iatrogenesis from the juridical science point of view. We define the reasons for the criminal liability of a medical worker for “classical” mental iatrogenesis as highly controversial. At the same time there is a civil liability, namely, the issue of causing moral harm. In the context of the consideration of informational iatrogenesis, we propose to pay attention to the provisions of Article 137 of the Criminal Code of the Russian Federation and Article 732 of the Civil Code of the Russian Federation, as well as the provisions of criminal legislation on offenses to which medical workers may be subject, and the provisions of civil legislation on redress for the non-pecuniary damage as a civil liability. The conducted research led to the conclusion that it is impossible to identify informational and mental iatrogenesis from a legal point of view. We substantiate the necessity of conducting work at the legislative level on a clear classification of iatrogenesis as a basis for further research on its individual differentiations, which have legal significance both in doctrinal and practical terms.

The relevance of the study is due to the priority tasks facing the state, among which a special place is occupied by the activities to prevent and combat corruption, minimize and eliminate the consequences of corruption offenses, including in the field of public administration. The purpose of the study is a General description of the assessment of corruption risks in the Federal Executive bodies, carrying out control and Supervisory functions. In considering these issues, the author used General, General scientific and private scientific methods, including formal legal. The author analyzes the corruption-dangerous functions, the main stages of corruption risk assessment and the whole system of corruption risk management. The study formed proposals to improve the methods aimed at minimizing the identified corruption risks in the course of the functions of state bodies. The proposed measures, reflected in the conclusions of the work, can be used by the Federal Executive bodies exercising control and Supervisory functions in order to improve their activities.

The problems associated with the functioning of the institution of punishment in the criminal law of the Russian Federation at the present stage require careful research, legal regulation and scientific justification in order not only to study the experience of previous historical aspects of the implementation of this phenomenon, but to realize its main purpose – to bring the perpetrators to justice, to deserved punishment, observing the requirements of fair retribution. Legislative acts of the pre-revolutionary era did not contain the concept of punishment, but the list of punishment types was quite wide. The process of theoretical normative provisions and generalization of judicial practice of criminal law formation resulted in the concept of punishment as a measure of coercion applied by the state on the basis of a court sentence and on the basis of the law to persons found guilty of a criminal act and containing an expression of a negative assessment of criminal activity. At the present time, taking into account the historical conditions, observing multidirectional trends in order to improve the criminal punishment system development efficiency, it is necessary to take into account the set of new scientific achievements in this field, judicial practice and many other factors that will also help the courts to adequately apply the existing arsenal of penalties. The criminal law Institute of punishment should solve the leading task, the implementation of the criminal responsibility justice, expressed in the imposition of punishment corresponding to the nature and degree of social danger of the committed act, as well as the personality of the perpetrator and objectively meeting the goals established by law. In this case, it acts as a powerful, deterrent, preventive factor.

The article is devoted to the classification of participants in civil proceedings, it also touches on some issues of classification of participants in the commercial judicial proceedings and administrative judicial proceedings. Using logical methods of cognition: analysis, synthesis, deduction and induction, General scientific and special scientific methods and techniques knowledge of social phenomena and processes: historical, comparative, system-structural and others, the author concludes that the generally accepted classification of civil process participants is imperfect; based on the study of classification criteria, he proposes to identify new categories of participants in the process, to legislate their rights and obligations, to clarify their names. The author reveals the imperfection of some norms of the Civil Procedural Code of the Russian Federation and Code of Administrative Judicial Procedure of the Russian Federation, justifies the need to change them. The relevance of the research topic is justified by the fact that the new procedural legislation sometimes does not fully take into account the classification of participants in the process, which determines the status of the participant, the scope of his procedural rights and obligations, and this is directly related to the constitutional guarantees of protection of rights, freedoms and interests.

In today’s world in a market economy condition and a complex geopolitical situation quite actively began to develop private military companies. However, the activity of these companies is a very urgent problem of legislative consolidation. We show European experience of private military companies legislative regulation. Especially great success in this field has reached the country, which is the main consumer of military companies services – the United States. However, this issue is becoming more and more urgent for Russia. On the territory of Russia there is a kind of “de facto”: private military companies exist, their activities are not regulated, and all this in the conditions of a legislative ban on mercenarism. Therefore, the need for legislative regulation of the military organizations activities expressed by many representatives of state power. The adoption of the law on private military companies would be a very relevant and safe way to legalize the private military companies activities. We show the main directions of possible decisions implementation by representatives of state bodies of Russia. Small steps in this direction have been taken, however, a full-fledged law has not been adopted at the moment, and the prospects for the implementation of bills in this direction are quite vague.