Articles

The article is devoted to the peculiarities of the legal assessment of the death of a patient as a result of poorly provided medical services under art. 238 of the Criminal Code of the Russian Federation and the delineation of this crime from Part 2 of Art. 109 of the Criminal Code.

The author of the article considers the objective nature of the phenomenon of the legal uncertainty and its replenishment by giving discretionary powers of the authorities and investigates the defects in the regulatory consolidation of discretion, which is a consequence of the underdeveloped or erroneous constitutional theory or intentional violations of the prohibitions and restrictions to achieve political, personal, or other purposes. Explores legal and objective limits of the discretion and the types of defects the implementation of the discretion associated with their violation.

Despite of existence of a sufficient set of environmental requirements in the legislation of the Russian Federation in the area of industrial safety, the accident level in general remains very high. The article analyzes the reasons for this situation and makes recommendations. In particular, these are incompleteness of information about environmental incidents, emergency situations, imperfection of technical norms, “non-ecologization” of legislation of industrial safety, confusion of legal regimes of environmental safety and of normal routine operation, and, as the most significant reason — the need to harmonize domestic legislation and law enforcement with the best foreign risk management practices.

The article considers the legal form of production cooperative widely used at the end of the last century and now are no longer in force. According to authors the legal status of cooperative’s member is much worse than the legal status of member of economic society and the reason of it is the form of cooperative organization.

This publication provides a conceptual and theoretical analysis of the provisions of the Constitution of the Russian Federation on generally recognized principles and norms of international law (para 4 of art. 15), discusses the content of the term-the concept of “peremptory norm of international law” (jus cogens) and its relationship with obligations erga omnes, as well as the basis (main sources) of such norms and principles. The article provides a list and a brief justification of about 20 generally recognized principles and norms of modern international law and their hierarchical position in the system of Russian law.

In the article, as a criterion for the applicability or inapplicability of the method of economic analysis of law to certain institutions, legal interest is proposed. It is shown that an economic analysis of law can be applied to institutions based on the priority of private interest, and to institutions based on the primacy of public interest, this method should be used with great care. The example of specific legal institutions illustrates the difference in the approaches of the continental European legal system, based on the principle of justice, and the approaches of the Anglo-American family based on the principle of economic efficiency. On the basis of the method of economic analysis of law, an assessment is given of possible ways to improve the institution of state duty.

The article provides a forensic analysis of the current state of the road accident, as the basis for the formation of forensic methods of their investigation.

Author on the basis of analysis of existing legislation and practice realizing of the right to association attempts to describe the model of the system of citizens' associations in Russia. Such a system, according to the author's idea, should be placed in the basis of legislation on citizens' associations and can be used in the process of reforming it. The article also deals with the question of the correlation of the proposed system of associations with the various types of associations used in Russian legislation.

The present article is an attempt to continue the examination of the legal basis for the evolutionary interpretation of the European Convention on Human Rights and Fundamental Freedoms of 1950 applied by the European Court of Human Rights. Here, the author analyzes the dynamic elements of Article 31 of the Vienna Convention on the Law of Treaties.

The article is devoted to the problem of using external labour. The author investigates the history of the development of the legislation of external labour in the countries of Anglo-Saxon legal family that allows to choose more effective elements of a legal mechanism of the given relations in Russia.