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«Журнал гражданского и уголовного права» – юридический научный журнал.

ISSN 2409-4528. E-ISSN 2413-7340
Периодичность – 2 раза в год.
Издается с 2014 года.

1 March 23, 2017


Articles and Statements

1. Oleg G. Ershov, Elena I. Shielko
The Legal Regime of Property of Spouses in Family Law of Foreign Countries

Zhurnal grazhdanskogo i ugolovnogo prava, 2017, 4(1): 4-11.
DOI: 10.13187/zngup.2017.4.4CrossRef

Abstract:
The article discusses the issues of the legal regime of property of spouses in the family law of foreign countries. In particular, based on the analysis of the legislation of the countries of the Roman-German legal system (Germany, France) and the Anglo-Saxon system of law (England, USA), the conclusions have been drawn on the possibility of borrowing the positive foreign experience for the purpose of subsequently reforming the norms of Russian family law. Of interest is the mechanism for determining the value of the property, which goes into common property, as well as the rules protecting the spouse during the marriage and after its dissolution. It is also concluded that while reforming the foreign family law, the legislator can perceive the national experience regulating family relations related to the legal regime of the property of spouses. In particular, the principle of equality of spouses in marriage can be of interest, which allows to guarantee the protection of the interests of each spouse during the period of the possession, use and disposal of common property. Such guarantees are related to equal opportunities in managing common property; the absence of differentiation of the legal regime, depending on the manner in which the marriage is concluded; foreclosure on demand of creditors on the property of the spouse, and then on the common property; expansion of the list of property falling under the legitimate regime.

URL: http://ejournal22.com/journals_n/1490271428.pdf
Number of views: 210      Download in PDF


2. Ivan I. Markov, Andrey Y. Klyuchnikov
Domestic Violence Criminal Proceedings: Some Problems of Practical Application, Perspective Development

Zhurnal grazhdanskogo i ugolovnogo prava, 2017, 4(1): 12-19.
DOI: 10.13187/zngup.2017.4.12CrossRef

Abstract:
The article is dedicated to the questions of criminal cases procedure on domestic violence, a concept and social identity of the «violence» term. The author proves the thesis that aren’t an effective legal model for combating domestic violence, because in practice it is difficult to differentiate private and public criminal charges relating to the offence of honor, dignity, and health connected by domestic violence. An important goal is an individual recovery, reflected by the compensation of physical losses and the cost of the victim's psychological rehabilitation. The article argues the need to provide additional procedural safeguards for victims, studies a problem of the procedural balance of the parties. A mediation institution should be one of the most effective ways of domestic violence combating. Mediation agreement could help for the first instance court to establish the actual will of the parties before trial. Mandatory mediation in criminal cases could be the base for the crimes cases resolution of minor and misdemeanor offenses and in careless crimes. The authors offer practical amendments to change criminal procedure Code, for authority and public coordination in domestic violence prevention and crime combating.

URL: http://ejournal22.com/journals_n/1490271515.pdf
Number of views: 179      Download in PDF


3. Alexander M. Moiseev, Aleksey M. Zhygulin
The Remote Interaction between the Public Commission and International Judicial Instances

Zhurnal grazhdanskogo i ugolovnogo prava, 2017, 4(1): 20-28.
DOI: 10.13187/zngup.2017.4.20CrossRef

Abstract:
The documentation technology of the crimes of the international character in the territories of the armed conflict has been considered. The public commission, which carries out this documentation, serves as an out-of-procedural subject of proof in the international judicial proceedings. It interacts with international judicial instances by providing them with its testimony, drawn up on the results of the carried out documentation. It has been shown that the specialist and expert, who participated in the documentation, can provide explanations in the international court. The explanations are defined as getting help in the interpretation of the drawn up testimony from the representatives of the public commission by the prosecutor, court and other members of the international judicial process. The preference of such explanations in written form has been substantiated. The written explanations of the specialist (expert) are available for the control by the subjects of international judicial proceedings. The other preferences in the organization of interaction between the representatives of the public commission and the international judicial instances have been formulated. The problem solutions of the procedural control of the remote interaction between the representatives of the public commission and an international court have been suggested. The prospects of the remote mode of such interaction on the assumption of using the opportunities of the automated work place of the specialist (expert).

URL: http://ejournal22.com/journals_n/1490703108.pdf
Number of views: 176      Download in PDF


4. Roman O. Movchan
Criminal Legal Protection of the Land by the Legislation of Ukraine and of the CIS Countries: Comparative Analysis

Zhurnal grazhdanskogo i ugolovnogo prava, 2017, 4(1): 29-37.
DOI: 10.13187/zngup.2017.4.29CrossRef

Abstract:
The experience of criminal law protection of the land by the legislation of Ukraine and of the CIS countries was studied in this article with the help of the comparative legal method of research. The specific features of the construction of basic and qualified offenses provided for in the Criminal Code of the CIS countries and dealing with the regulation of responsibility for such crimes as damage of the land, as well as for other crimes that infringe on the established order of rational use, protection and reproduction of land as a complex ecosystem which is closely related to other elements of the natural environment are analyzed. The article also covers the corresponding criminal law provisions. Common and distinctive features of the criminal-law framework for the protection of land resources in Ukraine and the CIS countries are specified. The study determines the direction of further improvement of the criminal legislation of Ukraine in the relevant field.

URL: http://ejournal22.com/journals_n/1490271748.pdf
Number of views: 182      Download in PDF


5. Natalia N. Novikova
Problems of Legal Regulation of the Inclusion of Organs and Tissues of Human Origin into Civil Circulation

Zhurnal grazhdanskogo i ugolovnogo prava, 2017, 4(1): 38-49.
DOI: 10.13187/zngup.2017.4.38CrossRef

Abstract:
The article discusses the legal grounds for the inclusion of biological materials of human in civil circulation on the basis of norms of obligations (contractual) right. The gradual recognition of organs and tissues of the human body proprietary nature raises questions on the possibilities of involving of these objects in the civil turnover. These issues arise not only in Russian but also in foreign law and legal practice. This article examines the possibility of contractual regulation of these relations, including on a reimbursable basis. The study proposes a mechanism of such regulation, taking into account characteristics of legal and morally-ethical categories, including proposed changes to the current civil legislation.

URL: http://ejournal22.com/journals_n/1490271843.pdf
Number of views: 191      Download in PDF


6. Ramiz F. Shahbazov, Alexander A. Sizov
Russian and Muslim Criminal Law: A Potential of Convergence

Zhurnal grazhdanskogo i ugolovnogo prava, 2017, 4(1): 50-57.
DOI: 10.13187/zngup.2017.4.50CrossRef

Abstract:
In the presented article provides suggestions on the implementation of certain norms of Islamic criminal law in criminal legislation of the Russian Federation, and focuses on the relevance of understanding the possible convergence of the Russian and Muslim criminal law. Objective analysis has raised has contributed to the consideration of some examples of rebuking the religious rules of behaviour, norms as a kind of social, in legal form. The purpose of this scientific article is to identify potential convergence of Russian and Muslim criminal law. For this purpose, in particular, were analyzed Russian legislation and Islamic law in foreign countries. Special attention is given to presence in the primary source of Islamic law is now recognized democratic community principles of criminal law.

URL: http://ejournal22.com/journals_n/1490272032.pdf
Number of views: 187      Download in PDF


7.
full number
URL: http://ejournal22.com/journals_n/1490272051.pdf
Number of views: 194      Download in PDF





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