Summaries of articles in the issue 2 (16) - 2012 of the Journal “Pravo.by”
THE RIGHT TO SERVE PEOPLE
ОN SOME MODERN TENDENCIES OF DEVELOPMENT OF LEGAL SCIENCE IN THE REPUBLIC OF BELARUS
ON THE LAW OF THE REPUBLIC OF BELARUS ON NOVEMBER 25TH, 2011 “ON BRINGING CHANGING AND ADDITIONS TO SOME LAWS OF THE REPUBLIC OF BELARUS ON ISSUES OF DEPARTURE FROM THE REPUBLIC OF BELARUS AND ENTRANCE INTO THE REPUBLIC OF BELARUS”.
THEORY OF STATE AND LAW
THE LEGAL NATURE OF THE FEDERAL AND THE CONFEDERATE UNIONS: CURRENT STATUS AND DEVELOPMENT PROSPECTS
This article explores the forms of State Organization of modern States. Compare category of federalism and federal State. Discusses types of federations, signs, bases of formation. The Confederation, its forms, signs, modern State.
PRESENT TRENDS IN THE DEVELOPMENT OF THE PRESIDENTIAL REPUBLIC MODEL IN BELARUS
In this article, the author shows the relevance of the investigations on the form of government in the Republic of Belarus, gives its analysis. The main features of a presidential model of republic and its specific features in Belarus are revealed. The author draws a relation between the form of government and the public regime, without identifying the latter with a political regime. The author gives the comparative analysis of the latest trends of the constitutional reforms in the Russian Federation and Ukraine which allows the author to draw some conclusions about trends in the presidential republic model in Belarus.
E. A. Lievkina
THE FEATURES OF THE CIVIL RIGHTS PROTECTION HOLDER TRADE SECRETS (KNOW-HOW) IN THE REPUBLIC OF BELARUS
The author, based on the study of legal protection of trade secret (know-how), identifies several groups of existing problems, as well as the remedies for trade secret (know-how). In Belarus, the protection of trade secrets (know-how) is actually reduced to ensure that the property interests of the owner on the basis of norms of civil, labor and criminal law. One of the problems of protecting the rights holders of the secret (know-how) is the limited protection of the courts. The questions and the features of the base liability for infringement of trade secrets (know-how) as highlighted in the article.
PARTIES TO THE CONTRACT SUPPLY
In the article the author investigates parties of supply contract, analyzes the composition of business entities that can act as customers and supply companies – parties of contract of supply. The analysis of supply companies that act as natural monopolies is carried out and the concept of subsubscriber is disclosed. In this regard, it is proposed to include the concept of “subsubscriber” in the section of the Civil Code, that gives the definition of contract supply.
OWNERSHIP OF A VEHICLE: PROBLEMS OF DEFINING A PERSON RESPONSIBLE FOR INJURY AS A RESULT OF TRAFFIC ACCIDENT
The author of the article investigates the legal nature of the ownership of a vehicle and the legal problems, arising in the process of defining persons, responsible for the recovery of damages caused by traffic accidents. Basing on the study of the theoretical views and court practice the scientifically confirmed suggestions, aimed at the perfection of precise legal acts, are elaborated.
INTERNATIONAL PRIVATE LAW
IDENTIFICATION OF LAW, APPLICABLE TO THE CONTRACTUAL OBLIGATIONS ON INTERNATIONAL TECHNOLOGY TRANSFER
The article contains comparative research of legislation on conflict of law of Belarus, Ukraine, European Union, Switzerland and other states, international treaties and international soft law, as well as scientific studies concerning the law, applicable to international technology transfer. The article may be used in improving the Belarusian legislations on conflict of law concerning intellectual property rights.
LABOR DISPUTE IN COURT: SOME PROCEDURAL PROBLEMS (IN THE ASPECT OF THE INSTITUTE OF JUDICIAL EXPENSES)
This article explores some of the problematic aspects of the investigation of labor disputes in court relating to the institute of legal costs. In particular, the author concludes that workers should be exempted from the obligation to indicate the amount of the claim in the petition for recovery of average earnings during his forced absence. The article also made several proposals to improve legislation regulating the provision of the participants of individual labor disputes benefits for legal expenses.
THE WAYS OF IMPROVEMENT OF CRIMINAL PRINCIPLES ABOUT LIABILITY FOR BRIBERY
The struggle against bribery is considered to be a priority direction of the Belarusian state anti-corruption policy. In spite of the fact, that there are a great number of legal-organizing and other measures of government bodies and authorities, its level is continuing to remain rather high. An important role is assigned to the penal legislation as a counteraction to the given social ill. A lot of aspects regarding struggle against bribery from the position of penal law, previously touched upon in scientific publications, have remained debatable and unsolved, which stipulates for the necessity to continue working on further improvements of both anti-corruption legislation in general and penal standards particularly. The article contemplates the author’s concept of further development of the penal measures system against the phenomenon under study.
CRIMINAL PROCEDURAL LAW
INVESTIGATORY SITUATIONS ARISING DURING THE FACT-FINDING OF ROAD LAWS OR TRANSPORT USE VIOLATIONS
Criminalistic views concerning the investigatory situation role in the criminal science have been analyzed. The question touching the investigatory situations classification has been examined. There’s been made a conclusion, that the investigatory situations classification on the time of its arising during the fact-finding process is the most applicable and essential in comparison with other classifications. There’s been found an approach to the investigatory situation subject-matter. In terms of dissertation research on the problems arising during the investigation of road laws violations there’s been made a list of typical investigatory situations occurring on the initial stage of the investigation of the above mentioned violations. There’ve been determined factors specifying investigatory situations on the further stages of investigation.
LEGAL FOUNDATION OF JOINT INVESTIGATIONS WITH PENAL JUSTICE BODIES OF OTHER COUNTRIES
The article focuces on legal foundation of joint investigations with penal justice bodies of other countries. There is a conclusion that the joint investigation groups are the most efficient form of international legal assistance in criminal cases. The article provides some suggestions to improve and extend legal foundation of their activities.
OPERATIONAL INVESTIGATIVE ACTIVITIES
TYPICAL DETECTIVE SITUATIONS OF A TACTICAL OPERATION “THE DETENTION OF BRIBE TAKERS CAUGHT RED-HANDED”
The article carries out a classification of typical detective situations of a tactical operation "the detention of bribe takers caught red-handed". Based on a study of criminal cases in this category and the results of interviews of the stuff of units for combating economic crimes, the author gives examples of detention of bribe takers caught red-handed in various situations with the analysis of errors. The author offers the most optimal course of action to detain bribe takers in each of the analysed situations.
SANCTIONS OF REGIONAL ORGANIZATIONS: LEGAL GROUNDS AND THE STATUS
The article considers notion and conditions of sanctions sanctions’ application (including target sanctions) by regional international organizations to the EU member states and third states. The article determines the specificity and gives the qualification to target sanctions of EU.
THE MOST IMPORTANT EVALUATION CRITERIA OF JUDGMENT SYSTEM ACTIVITIES
The article considers issue of application of the category “effectiveness” to the activities of judgment system. The author brings a vision of the list of criteria of effectiveness of judiciary of the Republic of Belarus.
ISSUES OF NATIONAL SECURITY
THEORETICAL AND LEGAL PROBLEMS OF IMPOVING SUBJECTIVE AND CONCEPTUAL (SUBSTANTIVE AND TERMINOLOGY) COMPONENTS OF THE CONCEPT OF NATIONAL SECURITY OF THE REPUBLIC OF BELARUS
The article deals with the legal nature of the Concept of National Security of the Republic of Belarus, carries out theoretical legal analysis of the terms "Concept" and "National Security", their scientific-methodological, legal nature and content, analyzes the structure of the document, examines the substantive and terminology components of the Strategy national security of the Russian Federation until 2020 in a comparative Law, suggests editorial additions to the text of the Concept, which aimed at improving the terminology component of the document, as well as alignment of the terms "State" and "National Security" with their content due to the political and ideological necessity to increase level of legal support of state sovereignty of the Republic of Belarus national sovereignty and the sovereignty of the Belarusian people.
Tikhomirov U.A, Vasilevich G.A
STATE ADMINISTRATION: TENDENCIES AND PERSPECTIVES OF DEVELOPMENT
The aim of given article is the analysis of the problems, of which take place between state and citizens. The authors make a few proposals for the improvement of the legislation and practice of its application in this field.
ON DEFINITIONS «STATE LOANS», «STATE CREDITS» AND «STATE DEBT»
Issues of subject of definitions «state loans», «state credits» and «state debt» are covered in the article. It contains the analysis of legislation terms on which basis the conclusion that relations on obtainment of temporary free monetary funds by the Republic of Belarus from other persons are covered by the definition «state loans» is made. Definition «debt obligations of the Republic of Belarus» includes relations owing to provision of state guarantees, therefore it is wider than the term «state loans». State debt is compared with definition «debt obligations of the Republic of Belarus» as the consequence and the reason. Relations on provision of monetary funds by the Republic of Belarus to other persons are determined as state credit.
BASIC WAYS OF DEVELOPMENT OF STATE SYSTEM OF LEGAL INFORMATION
The article present the characteristic of measures within the frames of the State program of Russian Federation “Informational society (2011-2020)”, aimed at development of the State system of legal information of Russian Federation.
STATE AND LEGAL INFORMATION IN ELECTRONIC FORMAT: STATUS AND PROSPECTIVE
The article analyzes State system of dissemination of legal acts in electronic format. There is grounded the change-over to nation-wide legal informational system, issues of activities of public centers of legal information of Russian Federation are to be covered.
REORGANIZATION AGREEMENT ON RUSSIAN CIVIL LAW
In this article the author examines the category of reorganization of the contract in the Russian science of civil law. Made a critical review of existing points of view on this issue. Based on the analysis offered a definition of copyright reorganization agreement.
Zhu Zhing Zheng
CERTAIN ASPECTS OF PREVENTING CRIMES COMMITTED IN THE ENTERNET: PRC EXPERIENCE
The article is dedicated to some peculiarities of committing crimes in the Internet and to the specificity of prevention such kind of delicts. Realization of criminal intents within the cyberspace, absence of traditional material traces at the place of occurrence and difficulty to detect it, specifity of crime motive, immaterial character of evidences and difficulty of their operational recording, as well as highness of latence of such crimes will allow to speak on difficulties of revealing and disclosing such crimes, as well as on problems of gathering evidentiary basis. The author also researches issues of providing effective prevention of crimes committed in the Internet on the basis of the experience of law enforcement bodies of PRC.
OBSERVANCE OF PSYCHOLOGICAL AND LEGAL PRINCIPLES IN LEGISLATIVE PROCESS (LEGISLATIVE ACTIVITY)
There is a description of the basic psychological and legal principles in legislative process. There is a classification of principles into two groups — psychological and universal principles. The first one includes the following principles: principle of goal-setting, principle of efficiency of lawmaking, principle of preliminary studying of bills, principle bearing on motivation of the subject of the right, principle of social adequacy of idea of the law, a complexity principle, a feedback principle, principle of the account of socially-psychological conditions and factors, principle of objectivity of knowledge of legal requirements of the society, principle of justice of the ideological beginnings of the future law. The second principle includes the following ones: legality, democracy, publicity, scientific character, conformity of law form and content, planning, priority, economy, recognition of the human rights and freedoms as the highest value, unanimity of juridical terminology, practice connectivity, adoption and processing of the saved up experience in legislative activity, practicality of the legislative decision. It is noticed, that psychological and legal principles of lawmaking bear an applied character, and they can be characterized as lawmaking requirements.
Bochkov A.A., Sukharev A.A.
LAW SOCIALIZATION AS A CONDITION OF FORMING YOUTH LAW CULTURE (ON THE BASIS OF SOCIAL RESEARCH)
The article deals with investigating social factors which influence the formation of youth law culture in Vitebsk and Smolensk. Considering the contradictions existing in the mechanism of forming law culture, the authors within the framework of social research analyze both common and distinctive conditions characteristic of the Republic of Belarus and the Russian Federation.
ISSUES OF PCLI
PARTICIPATION OF PUBLIC CENTERS OF LEGAL INFORMATION IN ATTRACTIONOF CITIZENS TO DISCUSSION OF PROJECTS OF LEGAL ACTS
The author specifies the prospective direction of activities of public centers of legal information on ensuring of citizens right to participate in solving of state affairs by means of public discussion of projects of legal acts. There are presented a normative base, regulating bringing to the public discussion projects of normative legal acts.