“Young science - the development of the Ivanovo region. In the works of young researchers"

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Ministry of Education and Sciences

and the Russian Federation

FSBEI HPE "Ivanovo State University"

YOUNG SCIENCE

IN THE CLASSICAL UNIVERSITY

Abstracts of scientific conferences of the festival of students,

graduate students and young scientists

ACTUAL PROBLEMS

OF MODERN NATURAL SCIENCE

2012 LBC 20+22.1+24.5 M 754 Young science in a classical university: abstracts of scientific conferences of the festival of students, graduate students and young scientists, Ivanovo, April 23 - 27, 2012: At 8 o'clock - Ivanovo: Ivan. state un-t, 2012. - Ch .: Actual problems of modern natural science. – 124 p.

Abstracts of reports of participants of scientific conferences held at Ivanovo State University as part of the festival of students, graduate students and young scientists "Young Science in a Classical University" on the problems of chemistry, biology, physiology are presented.

Addressed to scientists, teachers, students and everyone who is interested in these problems.

Editorial team:

dr ist. Sci. D. I. Polyvyanny (editor in charge), Dr. of Chem. Sciences M. V. Klyuev, Dr. of Chem. Sciences T. P. Kustova, Dr. of Chem. Sciences E. V. Kozlovsky, Dr. of Chem. S. A. Syrbu, Dr. of Chem. Sciences N. I. Giricheva Published in the author's edition ISBN 978-5-7807-0896-4 Ivanovo State University, Scientific Conference

"ACTUAL PROBLEMS

MODERN NATURAL SCIENCE"

S. O. AKHUTINA Ivanovo State University

DESIGN OF THE FRONT PART

PARK - ESTATES OF THE KUVAEVS

An example of such an object is the manor park of the 19th century - the dacha of the Ivanovo manufacturer Kh.I. Kuvaev. Objective- partial reconstruction of the manor park, which will restore its former beauty and bring new ideas to life.

The landscape project assumes: preservation of the main features of the park layout, laid down by R.I. Schroeder. The reconstruction project was developed in a regular style, taking into account the location of the manor park in the forest zone, lighting conditions and the water regime of the territory. It is planned to use plants of local flora that tolerate drought and frosts favorably:

various types of spirea, viburnum vesicle, brilliant cotoneaster. During the reconstruction, specimens of small-leaved linden (Tilia cordata Mill), Siberian larch (Lrix sibrica L.), Siberian pine (Pnus sibrica L.), Siberian fir (bies sibrica L.) located in this area will be preserved, a hedge will be formed from oak-leaved spirea (Spiraea chamaediyfolia L.). In 2012, it is planned to restore a rounded flower bed, it will use mainly annual and biennial herbaceous plants, such as rejected marigolds (Tagetes patula L.), Siberian irises (Iris sibirica L.), Mexican Houston ageratum (Ageratum houstonisnum L.), brilliant salvia (Salvia splendens L.). central part will be made in contrasting colors and is clearly visible in the depths of the greenery of the trees.

The implementation of the project for the reconstruction of this territory will enhance its educational, research, aesthetic and recreational value, make it a favorite place for walks and excursions.

K. E. BASOVA Ivanovo State University

MATERIALS FOR THE FLORA OF MANOR PARKS

IVANOVSKY DISTRICT, IVANOVSKY REGION

Since the flora of parks is quite diverse, the study of the species composition of ancient manor parks is an important area of ​​research, as it allows us to analyze the adaptive capabilities of ornamental plants and develop practical recommendations for the conservation and restoration of old parks and estates. Floristic studies of manor parks in the Ivanovo region were started by teachers and students of the IvSU Department of General Biology and Botany (Borisova, Senyushkina, Sidorova, 2009;

Parysheva, 2008;

Sidorova Yu.Ya., 2010).

We started studying the flora of 3 manor parks in the Ivanovsky district of the Ivanovo region. The research took place from June to August 2011. The following parks were surveyed:

the estate of the Krechetnikovs in the Bogorodskoye metro station, the Molchanov estate in the village of Novo-Talitsy, the Yasyuninsky estate in the town of Kokhma. By April 2012, 72 species of higher vascular plants belonging to 63 genera, 32 families, 5 classes, 4 departments were noted in the flora of three parks. In the estate of the Krechetnikovs, 53 species of plants were found, in the estate of Molchanov - 32 species, and in the estate of Yasyuninsky - 52 species. Achillea ptarmica, a species rare for the Ivanovo region, was noted in the park of Yasyuninsky's estate in the town of Kokhma.

It should be noted that all manor parks are currently subjected to a strong anthropogenic load of a recreational nature.

The study of the flora of these parks must be continued in order to identify it as fully as possible, as well as to develop recommendations for the conservation of parks as objects of natural and cultural heritage.

N. I. BEZSINNAYA Ivanovo State University

MATERIALS FOR THE FLORA OF SAND QUARRY

IN THE SURROUNDINGS OF S. ZOLOTNIKOVSKAYA DESERT

TEYKOVSKY DISTRICT

After mining, developed quarries remain. The speed of their overgrowth and the composition of the vegetation depends on the climate of the area, the composition of the soil, its moisture content, the size of the quarry, the vegetation surrounding it, and other features. Under the conditions of increasing anthropogenic pressure, the importance of fundamental research on the study of the overgrowth of technogenic ecotopes with the aim of their reclamation is growing.

Objects of study(sand quarries of the village of Zolotnikovskaya Pustyn) are located 40 km from the city of Ivanovo, in the Teikovsky district, in the southeast of the village. Zolotnikovskaya Hermitage.

The flora and vegetation in the study area is formed mainly spontaneously from the species of local flora and alien plants, there are many weeds. Deciduous trees were found - trembling poplar, white birch, ash willow, three-stamen willow;

perennial herbaceous long-rhizome - broad-leaved cattail, narrow-leaved cattail;

perennial rhizomatous - field horsetail;

perennial grasses - creeping wheatgrass, cocksfoot, etc.

A complex of biotic, abiotic and anthropogenic factors hinders the resumption of vegetation and restoration of the ecology. Of the biotic factors, competition should be noted, and of the abiotic factors, soil moisture and nutrient deficiency.

The main characteristic feature of growing plants is low demands on the conditions of life and resistance to anthropogenic influences.

A. S. BELTSOV Ivanovo State University

ECOLOGY OF WOOD AND SHRUBS PLANTS

BOTANICAL GARDEN

Ivanovo State University

As of 11/01/2011, the collection of the Botanical Garden of IvSU includes 171 species of woody plants and 116 forms and varieties.

It has been established that photophilous plants prevail in the garden collection (65.5%). In relation to water, the largest group is mesophytes (73.1%). In relation to edaphic factors, mesotrophs and eutrophs are represented (45.6%;

40.4%), the number of oligotrophs is insignificant. In terms of thermophilicity (according to Pogrebnyak, 1968), plants that are moderately demanding for heat (48.5%) and undemanding (42.1%) prevail, there are heat-loving species wintering under snow cover (9.4%). Thus, the collection is dominated by species whose ecological requirements in nature correspond to the climatic features of the garden area. However, it is of interest to introduce plants under garden conditions that require ecologically uncharacteristic conditions for the area:

xerophytes (Tamarix, Myricaria), oligotrophs (Chosenia, Genista), calcephobes (Rhododendron), psammophytes (Caragana, Nitraria).

Among the life forms (according to Serebryakov, 1962), woody plants predominate - trees (43.5%) and shrubs (39.5%). The garden contains unique old specimens of Abies sibirica, Pseudotsuga menziesii, Ligustrina amurensis, Quercus robur, Ulmus laevis.

There are also woody cushion plants and stalks not typical for the local flora (3.2% of the species of the genus Juniperis). However, the composition of the flora of tree and shrub lianas is extremely small (3.5%, species of the genera Actinidia, Hydrangea, Vitis, Partenocissus), it is necessary to further increase the number of their species. Shrubs (1.7%, species of the genera Vaccinium and Vinca) and semi-shrub lianas (Solanum dulcamara) are underrepresented in the collection.

A. G. BESAPOSHNIKOVA

SHAPED ELEMENTS

INSECT HEMOLYMPH - HEMOCYTES

The following types of hemocytes are distinguished: prohemocytes (lymphocytes), vacuolated plasma cells. phagocytes and enocytoids with and without cytoplasmic inclusions.

It was noted that phagocytes (E. Cooper), plasmocytes (about 50%), and enocytoids predominate in the hemolymph of flies;

prohemocytes - about 40%. Prohemocytes are small round cells with a nucleus. Phagocytes - spindle-shaped cells with a rounded or elongated nucleus;

upon contact with the antigen, pseudopodia or uropodia are formed. Plasmocytes are amoeboid cells with numerous uropodia;

inside the cells is the nucleus. Plasma cells have a vacuolated cytoplasm that can form grana. Enocytoids are cells of an oval, elongated shape, the nucleus of which has invaginations and protrusions. All these cellular elements (except for enocytes) are capable of phagocytosis of various substances.

Plasma cells are especially active in phagocytosis. Some authors find another type of hemocytes - spherocytes. Spherocytes are relatively large cells with spherical inclusions.

This work was done to master the methods for determining the color and different clusters of hemocytes.

O. A. GADZHIMURADOV Ivanovo State University

ANALYSIS OF THE STATE OF INCIDENCE WITH LEUKEMIA

CATTLE IN VARIOUS AREAS

REPUBLIC OF DAGESTAN

aim work was to analyze the prevalence of leukemia and infection of the bovine leukemia virus in the territory of the Republic of Dagestan. Main tasks research: study and comparison of prevalence rates of leukemia and VLCR infection in the public and individual sectors of animal husbandry in the Republic of Dagestan, depending on the natural geographical zones and categories of agricultural enterprises in various regions of the republic.

The object of the study is cattle belonging to agricultural enterprises of various forms of ownership.

The study was conducted in the Republican Veterinary Laboratory, Makhachkala. To identify the features of the spread of VLCR infection and bovine leukemia.

The data of the Veterinary Committee of the Republic of Dagestan, the Republican and regional veterinary laboratories for the period 2006–2011 were analyzed;

serological and hematological studies were carried out using native blood and blood serum of cattle.

An analysis of the spread of leukemia in public and individual farms showed that there is a close relationship between the level of infection in livestock of the two forms of ownership.

It has been established that in the public sector the number of animals infected with the leukemia virus is much greater than in individual ones.

Leukemias in cattle in Dagestan are most widespread in the plains and foothills, mainly in areas where a large number of highly productive livestock is concentrated.

Yu. L. GORDEEVA Ivanovo State University

ON CELLULAR IMMUNITY OF SOME SPECIES

synanthropic flies

The object of our study was representatives of the natural and laboratory populations of dipterous insects of different physiological ages, namely, flies of the species Calliphora uralensis, Protophormia terrae-novae. The hemolymph was taken from them and the reaction of its formed elements with various antigens (yeast, micrococci) was studied. The preparations were stained according to Gram. Subsequently, active and inactive formed elements of the hemolymph were counted by microscopy of the preparation using the parent preparation. As a result of the work carried out, the smears revealed active: plasmocytes - 328, phagocytes - 893, lymphocytes - 1054, enocytoids - 73;

inactive: plasmocytes - 10, phagocytes - 23, lymphocytes - 31, enocytoids - 3. Based on the data obtained, the index of hemocyte activity in relation to antigens was determined. The activity of hemocytes is determined by the ratio of the number of active hemocytes to their total number.

The phagocytic activity of plasmocytes is 94%, of phagocytes - 95%. The activity of lymphocytes is 94%, enocytoids - 92%.

Based on the results of the work, it was concluded that all structural elements of insect hemolymph are highly active when in contact with antigens, which is the basis of cellular immunity.

A. A. ZAYTSEV Ivanovo State University

ENVIRONMENTAL SITUATION IN ZAVOLZHSK DISTRICT

The AAS (Atomic Absorption Spectrometer) setup was used to determine the percentage of chemical elements in the soil.

We have collected data on the ecological situation of the region over the past few years, compared pollution indicators, based on the results of research by the Frunze ZKhZ laboratory, as well as the laboratory of the Zavolzhsky district administration.

Currently, in the Zavolzhsky district, a decrease in the concentration of pollutants is observed, but it is still above the norm.

«YOUNG SCIENCE IN THE CLASSICAL UNIVERSITY Abstracts of scientific conferences of the festival of students, graduate students and young scientists Ivanovo, April 21–25, 2014 Part IV Scientific conference...»

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Ministry of Education and Sciences

and the Russian Federation

FSBEI HPE "Ivanovo State University"

YOUNG SCIENCE

IN THE CLASSICAL UNIVERSITY

Abstracts of scientific conferences of the festival of students,

graduate students and young scientists

Scientific Conference

"PROBLEMS OF DOMESTIC, FOREIGN

STORIES

AND INTERNATIONAL RELATIONS

Ivanovo Publishing House "Ivanovo State University"

LBC 72+76.01 M 754 Young science in a classical university: abstracts of scientific conferences of the festival of students, graduate students and young scientists, Ivanovo, April 21–25, 2014: at 7 o’clock – Ivanovo: Ivan. state un-t, 2014. - Part 4: Scientific conference "Problems of domestic, foreign history and international relations in the work of young researchers." International Scientific and Practical Conference "World without Borders - 2014" - 120 p.

Abstracts of reports of participants of scientific conferences held at Ivanovo State University as part of the festival of students, graduate students and young scientists "Young Science in a Classical University" are presented. The fourth part of the collection contains abstracts of speeches on the problems of history, international relations, world politics and academic mobility.

Addressed to scientists, teachers, students and everyone who is interested in these problems.

Published by decision of the editorial and publishing council of Ivanovo State University

Editorial team:

dr ist. Sciences D. I. Polyvyanny (editor in charge), Dr. of History. Sciences A. A. Kornikov, Doctor of History. Sciences K. E. Baldin, Dr. ist. Sciences V. M. Tyulenev, Doctor of History. Sciences V. L. Chernoperov, Doctor of History. Sciences S. M. Usmanov, Ph.D. ist. Sciences I. A. Budanova, Dr. of Chem. Sciences N. V. Usoltseva, Ph.D. philol. Sciences E. B. Ershova, Ph.D. ist. Sciences I. S. Borzova, Ph.D. philol. Sciences A. V. Kostin, V. A. Smirnova Published in the author's edition of the Ivanovo State University, 2014 Scientific conference

"PROBLEMS OF DOMESTIC, FOREIGN HISTORY

AND INTERNATIONAL RELATIONS

IN THE WORKS OF YOUNG RESEARCHERS»

"PROBLEMS OF PRE-REVOLUTIONARY PATRIOTIC

M. S. ANTONOVA Ivanovo State University

EMPEROR NICHOLAS II: ON THE QUESTION OF CANONIZATION

The particular urgency and controversy of the canonization of the imperial family is largely due to the social status of Nicholas II, the sacredness of his personality, the timeless vitality in the public mind of the archetype associated with the deification of the ruler or the denial of power during the years of unrest and revolutions, as well as conflicting assessments given in general to his reign, which was the turning point of two eras: the tsarist Russian Empire and the USSR, and the political preferences of the participants in the discussion.

Those involved in the discussion were divided into opponents and supporters of canonization. Among the first, in addition to obvious secular opponents of the monarchy, are such prominent figures of the Russian Orthodox Church as Metropolitan John of St. Petersburg and Ladoga, professor of the Moscow Theological Academy A.I. Osipov and others. The canonization is approved by its initiators themselves, as well as representatives of liberal and monarchist circles. As a result of a public opinion poll, the voices of those ordinary lay people who know about this event (or at least heard about it) were divided into three almost equal parts: approving, disapproving and indifferent. The arguments of supporters and opponents of canonization touched upon the religious, political and moral aspects of this problem.

Despite the fact that the imperial family was canonized, consideration of the issue of the legality of its canonization has not yet been completed. It is still very difficult to come to a common opinion today, since it is not the ecclesiastical and not even moral, but a typically political hype around this issue that prevents.

O. S. BUSLAEVA Ivanovo State University

–  –  –

The main sources of this study are materials State Archives Vladimir and Ivanovo regions, reports of societies for the relief of poor schoolgirls, data from periodicals.

Women's education in the late XIX - early XX centuries. is an inseparable unity of two processes: training and education.

Gymnasiums gave their graduates teaching rights of various categories, mainly conferring the title of a home teacher or mentor (in the case of graduation with a gold medal). However, the system of secondary education included not only general education disciplines, but also had a religious and moral component. This was reflected in the specifics of gymnasium subjects (the Law of God), the themes of essays and independent work of pupils, strict control over them both within the walls of the institution and outside it, the regulation of educational life, and the organization of leisure.

The formation and development of women's secondary education in the Vladimir province, as well as in Russia as a whole, would have been impossible without the participation of the progressive public. Most gymnasiums existed at the expense of city societies, zemstvos, and also mainly at the expense of private initiative. In many provincial cities, societies were opened to help poor students, headed by wealthy citizens, representatives of a large industrial elite. In Vladimir, such an organization was "Children's Help", in Ivanovo-Voznesensk - the Society for Assistance to the Poorest Pupils of the Local State Women's Gymnasium. They provided assistance to poor students, both financial and intangible. A huge role in the material support of gymnasiums was played by the activities of the boards of trustees, which organized the collection of funds from city societies and individuals.

This body, which acted as an intermediary between the public and the state, dealt with the organization of non-material assistance to students, the distribution of scholarships, and the release of pupils from tuition fees. Members of the boards of trustees contributed a significant part of their own funds to the maintenance of gymnasiums.

S. S. BYTKO Nizhnevartovsk State University

EXPERIENCE OF ARCHEOGRAPHICAL COMPARISON

OLD BELIEVER COLLECTIONS

The second collection is kept in the collection of the Scientific Library of Tomsk State University. For the sake of convenience, the author considers it appropriate to name the collections in accordance with the places of their discovery, namely, “Crimean” and “Tomsk”.

Comparison of the graphic style of letters in both books allows us to conclude that the printing forms used to create the collections are absolutely identical.

Not only the use of the same letters by printers is beyond doubt, but also the identity of the set of letters on the workbench. So, in the Crimean collection on sheet 7 in the seventh line from the top there is the word "obscene". Due to a typo, the letter "beeches" in given word took the form of the letter "our". The same misprint is present on the 7th page of the Tomsk collection.

This convincingly confirms the fact that the Crimean and Tomsk collections belonged to the same publication and were printed on the same machine with a relatively short time interval. This, in turn, allows us to say that the collection from the collection of Tomsk State University refers to the products of the Trinity Edinoverie Printing House.

Noteworthy are the sheets lost in the course of careless acquisition of both books. In the Crimean version, the 92nd sheet concluding the second chapter is missing; sheet 91 is missing in the Tomsk. The question arises: why are sheets different in number missing in two similar collections. In order to solve it, it is necessary to refer to the conclusion of the collections. In the Crimean version, we, in particular, can find the absence of the 203rd sheet that ends the book. The Tomsk collection does not have this defect. Such insignificant, at first glance, observations provide rich material for analysis.

Probably, at the first stage, a luxurious collection of the Crimean sample was released. However, due to the negligence of the printers, two sheets fell out of the book - the 92nd and 203rd. This was followed by the publication of a more modest Tomsk version. At the same time, previously missing sheets were included in the collection.

However, if the insertion of the 203rd sheet concluding the collection required only the correction of the final notebook, then the inclusion of the 92nd sheet inevitably led to the re-layout of the entire book block, which, for sure, was an unacceptable waste of time for the publisher.

These conclusions can be drawn based on the statement of A.V. Voznesensky that the process of editing a book should always go in the direction of its improvement and correction. According to this approach, it seems quite reasonable to insert the 92nd sheet into the collection due to a slight correction of the notebook to the place of the 91st. This choice can be explained by the fact that the 92nd sheet was the final one for the 2nd chapter and contained its generalizing conclusion on its lines. In other words, the loss of folio 91 was seen by the printers as less detrimental to the semantic content of the chapter than the loss of folio 92.

Summing up, I would like to draw attention to the fact that the presented study reflects the facts revealed by the author as a result of comparing only two copies of the collection. However, only the amount of data obtained proves the undoubted importance of the comparative method when working with archeographic monuments of the Old Believers. In addition to the noted possibilities of the comparative method for dating and attribution of folios, it must be said that the comparison of book copies makes it possible to effectively identify the individual features of archeographic monuments, which, in turn, provides extensive opportunities for establishing the chronology of the release of their early and late types.

M. A. KUZNETSOVA Ivanovo State University

–  –  –

At the beginning of the XX century. Russia was in the process of forming a civil society. Many voluntary organizations of various directions were created, including societies for the protection of children.

Children could be abused both within the family and outside the family. Domestic despotism was allowed by the state itself at the legislative level: the rights of parents were not limited and the dominant role of the father was confirmed.

In addition, there were entire categories of children who, by virtue of their origin or social status, were the most vulnerable. These are illegitimate, orphans and "half-orphans", homeless children and apprentices of artisans. A significant problem of Russian society was high infant mortality: 30-50% of all those born under the age of 1 year (1906-1907) died. The number of child suicides increased. Juvenile delinquency has skyrocketed.

All this caused concern in society and contributed to the formation of voluntary organizations for the protection of children, which arose in Moscow, St. Petersburg, Nizhny Novgorod, Kyiv and other cities. The largest charitable organization, established in 1882 in St. Petersburg, was the Society for the Care of Poor and Sick Children (Blue Cross). Her activities included collecting donations, opening a children's outpatient clinic, holding charity bazaars, setting up nurseries, creating "day shelters" for children of workers, etc. In Moscow in 1885, the "Society for the Care of Poor Children" worked. In 1901

doctor A.N. Russians organized the "Union to Combat Child Mortality"

in Moscow, and in 1908 the "Society for the Protection of Motherhood and Infancy" was created there.

At the turn of 1912-1913. Petersburg hosted the first All-Russian Congress on family education, who discussed the accumulated problems and outlined the main ways to solve them.

The creation and growth of the number of societies for the protection of children is another convincing evidence of the growth of civic consciousness, the assertion in society of the ideas of the rights and freedoms of the individual.

A. I. MOTOVILOV Ivanovo State University

REACTION OF THE REPRESENTATIVES OF THE AUTHORITIES IN THE FIRST DAYS

GENERAL STRIKE IN IVANOVO-VOSNEENSK

This is evidenced by some correspondence of the Vladimir governor I.M. Leontyevas Minister of the Interior A.G. Bulygin, gubernatorial announcements, as well as correspondence between Captain Schlegel and the head of the Vladimir provincial gendarmerie department, Colonel Voronov. All these documents practically unanimously declare the peaceful behavior of the strikers on the streets of the city in the first days of the strike. The correspondence of the gendarmerie officers characterizes the behavior of the workers as calm, but at the same time, among them, two groups are clearly distinguished - those who call from improvised stands for a change in the political regime, and, representing the bulk, ordinary workers who are watching all this and actively participating do not accept.

THEM. Leontiev, who arrived in Ivanovo-Voznesensk, in his announcement of May 14 calls for calm and order during the demonstrations. On the same day, he reports on the situation to the Ministry of Internal Affairs, indicating that the situation as a whole is stable and forceful intervention does not make sense. The governor directly declares that the use of force to disperse the crowd will lead to its embitterment, and this is included in the plans of its part, which is radically inclined.

Three days later, the attitude to the situation begins to change. In the governor's announcement of May 17, it was already forbidden to hold crowded meetings and rallies on the streets of the city. This was connected, according to Leontiev, with the increased incidence of violence among the workers themselves, the difficulty of traffic, trade and complaints from a part of the population that was not interested in the strike.

Thus, we see that in the first days of the workers' strike, the reaction of the authorities varied depending on the situation. Soberly assessing the situation, she was able to quickly take appropriate measures.

V. S. NETKACHEVA Ivanovo State University

FAIR ENTERTAINMENT IN THE EARLY XX CENTURY

(BY THE EXAMPLE OF IVANOVO-VOSNEENSK)

Our work touches on a topical issue - the everyday life of the inhabitants of the Ivanovo region in the pre-revolutionary period. Entertainment at the fairs was varied. Those who wished could ride on a carousel or swing, visit a circus or a folk theater, watch a movie or an illusion performance. It should be noted that the organizers of entertainment establishments were both philistines and peasants. There are also those who were not residents of Ivanovo Voznesensk among them. For example, in 1901, an Austrian citizen Johann Menzel installed a phonograph on the Fair Square of the city.

The sources preserved the petition of the petty-bourgeois Martynova for the construction of a folk theater. The city government gave a positive answer, but demanded that the theater building be at a certain distance from other objects, and that barrels of water be placed on its stage. As we can see, already at the beginning of the XX century. in such institutions, special attention was paid to fire safety.

Depending on the type of fair entertainment, tenants paid different fees for renting land. The most expensive was the arrangement of a circus tent and various types of booths - about 50 rubles. per month. In this regard, it is no coincidence that in the sources there are often cases of ruin of tenants. The rent for land for swings or roundabouts was lower. She ranged from 6 rubles. up to 30 rubles depending on the term and location - in the city center or on its outskirts.

An illustrative example is the situation with the lease by the peasant I.G. Vorontsov land under the carousel in 1913.

Initially, the city government wanted to rent out space in the same place (on Voznesenskaya Square) for the same period, but for a different fee. Apparently, this was due to the different social status of the tenants: I.G. Vorontsov was a peasant and had to pay more, unlike the local tradesman V.N.

Nikitin. But Vorontsov did not lose his head: he filed a request to reduce the fee, and the city government granted it. This example indicates the possibility of bargaining between the tenant and the owner.

I. T. ROMANOVA Ivanovo State University

RUSSIA'S PARTICIPATION IN THE SUPPRESSION OF THE "BOXING

The Russian military presence in China, compared with the forces of other Western countries, was the largest, which irritated American newspapers. They started talking about Russian plans for expansion into China, gradually moving from a neutral tone to an accusatory, critical one. Journalists portrayed Russia as an aggressor, presenting in a negative light its coordinated actions with other European powers. Russia's measures to suppress the uprising of the Yihetuans were called the "war of conquest", "capture", "invasion", and the uprising itself was considered only as a "pretext for Russian intervention".

The US press predicted the imminent accession of Manchuria to the Russian Empire. Such fears were not unfounded. In December 1900, at the final stage of the suppression of the uprising, Manchuria was completely occupied by the Russian army, and in early February 1901 Russia presented an ultimatum to China demanding to withdraw its regular troops from Manchuria. A new wave of criticism of the Russian government immediately followed in the American press. China, under pressure from the United States, Great Britain and Japan, rejected St. Petersburg's ultimatum.

Thus, Russia's defense of its geopolitical interests in the Far East during the suppression of the "Boxer Rebellion" of 1900-1901. caused a sharp rejection from the American press.

D. S. SIROTKINA Ivanovo State University

FORMATION OF SOCIO-POLITICAL

VIEWS OF YOUNG A.E. NOZDRINA ACCORDING TO HIS MEMOIRS

Avenir Nozdrin comes from a peasant family. At the age of six, he was assigned to a sexton: to graze a cow, and also to study the Slavic language and calligraphy. Having barely learned to read and write somehow, Avenir entered the "zemstvo exemplary school", which gave a minimum of general education. After graduation, Nozdrin entered the factory engraving workshop of the Borisov brothers as an engraver's apprentice. A young man who did not know how to draw, the craft of an engraver was given with great difficulty. Even then, he began to succumb to the temptations of a wandering life. His first trip around Russia dates back to 1885. During his walking, he came to the conclusion that the common people live hard everywhere, that the complaints of workers and peasants about their worldly hardships are the same.

In 1885, A. Nozdrin met a student of the Ivanovo-Voznesensky real school, I.O. Slukhovsky, leader of the self-education circle, and becomes close to the "circle nucleus of revolutionary thought." Nozdrin participates in the handwritten magazine "First Glimpses", where his poems of a satirical and accusatory nature appear. Some members of the circle in 1890 made an attempt to organize an agricultural colony on the banks of the Volga in the village of Zhazhlevo, Kineshma district. Although they acted cautiously, starting their propaganda always with economic issues, the gendarmes began to guess the purpose of the arrival of these urban residents in the village. Among the gendarmes and the police, the proclamations caused great panic, and soon searches were carried out in Ivanovo-Voznesensk, including A.

Nozdrina.

A. A. SOROKIN Nizhny Novgorod State University. N. I. Lobachevsky

DISCUSSION ON LOCAL COURT REFORM

OF THE RUSSIAN EMPIRE IN THE BEGINNING OF THE XX CENTURY IN THE MAGAZINE

To date, the issue of assessments of the reform of the local court, discussed in II and III State thoughts in 1907 - 1910. periodical press has not been fully studied.

The liberal journal Vestnik Evropy took a negative view of the dissolution of the Second Duma and stated the curtailment of the reformist course, including in relation to the judiciary. The publication emphasized the need for reform of the local court.

The pages of the magazine indicated a number of problems in its organization and work that needed to be eliminated.

The government's reform bill has been criticized for requiring property and land qualifications for judge candidates.

Vestnik Evropy formulated the foundations necessary for a new local court: the individuality of the judge, his election by all the inhabitants of the locality from among themselves, and the satisfaction of the candidate for judge with the educational qualification. The publication gave a description of the debates in the III Duma on the draft law on the reform of the local court.

The deputies' rejection of the various qualifications and restrictions planned under the government's reform project was welcomed. The positions of the Octobrists were condemned as pro-government. The proposal of one of the deputies not to admit Jews to the position of judge was perceived extremely negatively.

Vestnik Evropy gave a significant role in reforming the local court to the State Council. At the same time, on the pages of the publication, it was stated with obvious skepticism that under the current conditions, all attempts to adopt liberal amendments to the bill introduced by the Duma deputies by the State Council are doomed to failure.

Thus, the pages of Vestnik Evropy showed that the government after the dissolution of the Second Duma in 1907

made an attempt to reduce the degree of declared reformism and liberalism, including in such an important area as the judicial system. At the same time, the latter clearly needed unification and democratization.

E. N. TSAREVA Ivanovo State University

SUICIDE AS A VARIETY OF SOCIAL DEVIATION

Suicide was one of the most massive social deviations in the behavior of Russian citizens in the 1890s-1910s. They had many reasons for such a desperate step: unrequited love, financial difficulties, depression, etc. The peak of suicides in Silver Age Russia fell on 1913-1915.

Most suicides tried to commit suicide by "self-poisoning", choosing acetic acid for this. However, there were other ways: suicides shot themselves, threw themselves under a train or from the parapets of bridges, etc. Fortunately, doctors saved many such townspeople from death. On average, more than 80 out of 100 women who made an attempt on their lives survived, and more than half out of 100 men.

The most susceptible to suicide were urban youth aged 15 to 30 years. In a similar way, people tried to get rid of difficulties in the educational field or youthful love dramas.

Often laid hands on themselves and "victims of social temperament", which became a burden to their brothel business.

It is quite difficult to establish a connection between suicide and the social or professional affiliation of suicides. It can only be noted that among people from the environment of the “golden youth” (children of rich people and high-ranking officials), the main reason for suicide was the crisis of spiritual quest, while for ordinary citizens it was material problems. Geographically, the European centers of Russia were in the lead in the "suicidal rating"; in St. Petersburg and Odessa, the statistics of suicides exceeded those in Moscow.

Both the authorities and the public tried to fight this phenomenon. In particular, the church, which was extremely negative about suicide, periodically raised the issue of burying its victims without Christian rites, and the authorities tried to establish control over the circulation of chemicals dangerous to health and life.

A. V. SHARAEVSKAYA Ivanovo State University

DISPUTE ISSUES IN FAMILY HISTORY

FABRIKANTOV PAVLOV

we were faced with controversial issues of the history of the Pavlov family of its owners. Some gaps were found that we tried to fill in archival materials and other sources.

Some circumstances of the life and entrepreneurial activity of these manufacturers remained unclear. Basic information about the history of the Pavlov family is contained in such books as “Historical and statistical description of the village of Pistsovo”, made by the local historian I.F. Tokmakov (1901);

At the turn of the XIX-XX centuries. The Pavlovs were big manufacturers in the Kostroma province. They owned enterprises in the villages of Pistsovo and Sereda (now the city of Furmanov). Piscovo is a small settlement, located 35 km from the city of Ivanovo, in the second half of the 19th century. becomes a major industrial center thanks to the weaving factory. The Pavlov family made a significant contribution to the economic development of Pistsov, not forgetting also the moral and spiritual character of its population.

The founder of the dynasty of manufacturers was N.D. Pavlova (? She accumulated initial capital by distributing yarn to weavers at home, and bought the calico factory of the Ryskin brothers in Pistsovo. According to some sources, this happened in 1868, according to others - two years later. Even during her lifetime, Natalya Dmitrievna transferred the enterprise to her son Alexander, however he did not survive his mother, and the grandson of the founder of the family business took over in 1883. The history of the Pavlovs' factory owners continued to be full of premature deaths and other tragic accidents, all of which, in one way or another, affected the work of their enterprise and the lives of the inhabitants of the old Pistsovo.

–  –  –

T. A. BONDAREVA Voronezh State Technical University

TO THE QUESTION OF PROVISION OF INFORMATION

OF THE SECURITY OF RUSSIA IN THE AGE OF GLOBALIZATION

The use of information warfare techniques has become widespread mainly due to its impunity, since the legal definition of the first, the legal and criminal definition of information and psychological operations in modern system Russian and international law are absent. It is no coincidence that in the "Information Security Doctrine of the Russian Federation" as a priority tasks in the information sphere, it is called bringing to the Russian and international public reliable information about the official position of our country on significant problems of Russian and international life.

The practice of information warfare is one of the external threats to Russia's security. The image of our country in foreign media is often associated with political, social and economic instability, terrorism and armed conflicts.

Western mass media often portray Russia as a poor, undemocratic and inhospitable country, a place of frequent social and natural disasters, although it has large reserves of oil and gas. A comparative analysis of publications that appeared within three months on the pages of a number of high-quality newspapers in France (Monde), Germany (Frankfurter Allgemeine) and the United States (Washington Post) showed that they portray Russia mainly as a source of negative information.

In conclusion, it can be noted that in order to ensure the information security of our country, the Russian Federation needs the right choice of protective information actions, the correct alignment of forces and means of information confrontation.

N. A. BUROVA Ivanovo State University

DEMOCRATIZATION OF INTRA-TRADE UNION LIFE IN

Now they solved not only educational, organizational and economic tasks, but also ideological, political and personnel issues. The process of democratization of trade union bodies was associated primarily with: 1) the delimitation of powers between the State Union of Trade Unions and branch trade unions; 2) with the creation of the institution of general and delegate meetings; 3) with the transition from compulsory to voluntary membership; 4) with the strengthening of the grassroots union cell - the factory committee; 5) with the advent of collective agreements. However, despite the fact that the principles of "workers' democracy" at the moment were declarative, having no practical ground, they could consider a rational grain aimed at solving the problem of building a socialist society through partnership with the working class.

In these judgments one can see a timid attempt to introduce a constructive stream into the solution of the issue of “granting” independence, freedom and independence to the sectoral trade unions. Experience 1918-1920 showed the costs of barracks methods of leadership of the trade union structures of the working class. The protest of part of the party members against them caused in 1921 a "discussion about trade unions", which went beyond the original framework and touched upon the problems of the relationship between the working class and the party apparatus. The scale of this discussion is evidenced by the fact that it affected not only the capital cities, but also the periphery of Russia. The Upper Volga region was no exception. The leadership of the country had different opinions about the future fate of the trade unions. A vivid example of this is the controversy at the XIII and XIV provincial party conferences (1921) in Ivanovo-Voznesensk, where the return to the practice of the RCP (b) of its original traditions and principles was discussed. The open and public nature of these disputes reflected the craving of grassroots party cells for the democratization of all public and, in particular, intra-trade union life.

M. R. GAMZATOV Ivanovo State University STRUGGLE FOR POWER IN THE HIGHEST PARTY AND STATE STRUCTURES OF THE USSR IN 1964–1967

In the history of Russia in the twentieth century. There were two October coups.

One happened in 1917, the other - in 1964. The first was caused by the World War, and the second - by the illogical, and sometimes dangerous domestic and foreign policy of N.S. Khrushchev. After he was removed from all posts, L.I. became the de facto leader of the USSR. Brezhnev.

Why exactly Brezhnev? This question remains debatable among historians. Despite the fact that formally he was the only contender and all members of the Presidium of the Central Committee of the CPSU supported him at the October Plenum of the Central Committee, there is an opinion that Brezhnev seemed to the ruling nomenklatura of the country a temporary, transitional figure.

Presumably, this is exactly what one of the initiators of the displacement N.S. Khrushchev Secretary of the Central Committee A.N. Shelepin. It was at that time one of the most influential politicians in the country, who had serious support in the person of the Chairman of the KGB of the USSR V.E.

Semichastny, head of the Moscow City Committee of the CPSU N.N. Egorychev, Minister of Internal Affairs V.S. Tikunov, Chairman of the State Radio and Television N.N.

Monthsev. However, they failed to create an organized group in order to oppose L.I. Brezhnev, acted disunitedly. These were serious political figures, but behind Brezhnev stood the Secretariat of the Central Committee of the CPSU, headed by the main ideologist of the party M.A. Suslov. Therefore, it was not difficult for Brezhnev to remove his opponents from the political arena. A.N. Shelepin rather quickly lost the most important positions of Secretary of the Central Committee and Chairman of the Party and State Control Committee, V.E.

Semichastny was sent to Ukraine, N.N. Mesyatseva and N.N. Egorychev was transferred to diplomatic work. Instead of V.S. Tikunov, the Ministry of Internal Affairs was headed by N.A. Shchelokov.

In the mid 1960s. Leonid Ilyich managed to outplay his opponents. He had practically no opposition within the Central Committee of the CPSU. Brezhnev appointed his supporters to the most important posts and managed to remain in the leadership of the country until 1982.

A. A. ELISEEVA Ivanovo State University

PERSONAL CHARACTERISTICS OF L. M. KAGANOVICH

ACCORDING TO THE MEMORIES OF HIS PARTY COMPANIES

The Minister of Foreign Affairs of the USSR, V. M. Molotov, admitted that Kaganovich had organizational skills and great energy, but was insufficiently prepared theoretically. He, along with D. T. Shepilov, called Kaganovich a good speaker.

Kaganovich himself singled out this quality in relation to himself, considering oratory one of his talents.

Many associates call Kaganovich "ideologically inflexible." Remembering him, Molotov used the word "Stalinist". According to A.I. Mikoyan, even speaking in 1957

against N. S. Khrushchev, Kaganovich was guided not by personal motives, but by ideological considerations.

V. M. Molotov and N. S. Khrushchev considered Kaganovich a rude person with whom it was very difficult to work. The Minister of the Oil Industry of the USSR (1944-1955) N.K. Baibakov adhered to the same point of view. He recalled that Kaganovich was a ruthless leader, the workers were afraid of him, including because he had a "violent character, was not restrained and quick-tempered."

At the same time, according to the memoirs of Khrushchev and Molotov, in solving serious, fundamental problems, Lazar Moiseevich often showed indecision, sometimes even cowardice.

In general, we can state that many of the historiographical stereotypes in relation to Kaganovich turn out to be true. He really was an implacable Stalinist, at times he was rude and cruel. Apparently, it was precisely these qualities that IV Stalin appreciated in him, which is why Kaganovich managed to hold leadership positions for so long.

ZHUMMIEVA Ivanovo State University

POLICY OF "WAR COMMUNISM":

READING EXPERIENCE

There are different opinions on the need to move to this policy. Some authors evaluate it as an attempt to “introduce” communism immediately and directly, others explain the need for “war communism” by the circumstances of the civil war, which forced Russia to be turned into a military camp and to resolve all economic issues from the point of view of the demands of the front. These conflicting assessments were originally given by the leaders of the ruling party themselves, who led the country during the years of the civil war - V.I. Lenin and L.D. Trotsky, and then were accepted by historians.

Rethinking, or rather, a deeper understanding of the problem of "war communism" is dictated by the entire logic of the study of history. Soviet society at the present stage. But there is more than just historical interest here. The theoretical and socio-philosophical aspects of this problem are declaring themselves, consisting in the fact that “war communism” is the first experience of socialist management and the first historical model of socialism in our country ”(O.R. Latsis), and, consequently, in the world.

As you know, this experience and this model, having allowed the Soviet government to solve a short-term but fateful task - to protect the revolution and the country during the civil war - then showed their failure and plunged Soviet Russia into a crisis, from which they managed to get out only by a sharp turn to the NEP.

"War communism" as a historical phenomenon and as a certain socio-economic and political system is multifaceted. True, some raise the question, is it possible to speak of it as a system? We believe that it is possible and necessary, although we cannot agree with those who believe that “war communism” inevitably followed from the pre-October doctrinal ideas of V.I. Lenin, the Bolsheviks about socialism as military-state socialism.

I. A. KALMYKOV Nizhny Novgorod State University. N. I. Lobachevsky

CATERING SYSTEM OF AVIATION FACTORIES

INDUSTRY OF THE GORKY REGION

At the factories of the People's Commissariat aviation industry Gorky region (factories No. 21, 119, 466, 467, 469) in the first years of the war, the following general trends can be noted:

1. The desire to organize the smooth operation of the ORS - the department of the working supply of the plant, which, among other things, supervised the auxiliary farm of the plant, decentralized food procurement, etc.;

2. The relationship between the production significance of the employee and the volume and system of nutrition (for example, additional nutrition for Stakhanovites, extraordinary service and the sale of all food cards on special counters);

3. Unsatisfactory sanitary and hygienic condition of canteens, scarcity of the menu, disorganization of the process of eating and, as a result, loss of working time during the lunch break;

4. Reflection of public catering criticism in wall newspapers, factory newspapers, at party meetings and conferences;

5. Development of tools for solving problems and rationalization proposals.

D. Yu. LISTOPADOV Ivanovo State University

–  –  –

In 1918, the movement of Yuk Scouts (Young Communist Scouts) appeared in Soviet Russia. It represented an attempt to combine the Scout method of working with youth and communist education, and enjoyed the support of government agencies.

The rapid spread of the Yuk Scout movement aroused concern among the leadership of the Komsomol, and at the II Congress of the RKSM in October 1919, its delegates spoke in favor of the liquidation of the Yuk Scouts.

In the Upper Volga region, the Yuk Scout movement also arose in 1918. It is known that Yuk Scout detachments operated in Ivanovo Voznesensk, Sereda, Karabanovo, Kostroma, Galich, and Rostov.

It should be noted that in the territory of the Upper Volga region, Yuk scout work was carried out even after the decisions of the II Congress of the RKSM. Moreover, in 1919-1923.

The Yuk Scout movement spread throughout the region. At this time, detachments arose in Teykovo, Kineshma, Shuya, Yuzha, Rodniki, Makariev, Soligalich, Chukhloma, Nerekhta, Rybinsk, Kolchugino and, possibly, in other cities. Until 1922, the local Komsomol did not actively fight against scouting, which can be explained both by the organizational weakness of the former and by the fact that in a number of cases the Yukskauts actively helped the structures of the RKSM.

The activities of the Yuk Scouts were varied, but the main focus was on military sports training. Yuk scouts set up their own camps, creating an alternative infrastructure to the state-run summer children's colonies in those years.

The Yuk Scout detachments of the Upper Volga region received assistance from various state organizations. The main chief of the yukscouts was Vsevobuch. Assistance to the "Yuks" was also provided by local departments of public education, and in some cases by the bodies of the RKSM.

The Yuk Scout movement of the Upper Volga region ceased to exist in 1922-1923. In connection with the emergence of a pioneer organization, the Yuk Scout detachments were renamed Pioneer, and in case of refusal to become pioneers, the Komsomol was liquidated administratively. Despite this, the experience of the Yuskouts was used by the first pioneer detachments.

A. S. MOTYREV Ivanovo State University

ASPECTS OF HOUSING

apartments and continuous municipalization of the housing stock, led to the destruction of both municipal and privately owned houses.

With the beginning of the New Economic Policy in 1921, changes are observed in the methods of solving the housing problem.

Central and local authorities are gradually giving freedom to private initiative and individual housing construction. Decrees are being issued to promote housing and construction cooperation.

However, the new housing policy begins to really operate only from 1923-1924. During these years, workable housing construction cooperative partnerships and associations were created, and workers received land plots and began to build individual housing. But even at this time there were many difficulties, such as bureaucracy and paperwork, interruptions in the supply of building materials and lack of funds.

During this period, municipalized houses are taken over by factories, which also begin to build workers' dwellings.

The quality of factory dormitories and barracks left much to be desired.

Sanitary standards were not observed in them, the overcrowding of residents was critical, there was no ventilation, and sometimes treatment facilities causing diseases and epidemics.

As a result, we can say that, despite the new policy and methods of solving the "housing problem", housing remained an acute problem. Repairs and new construction that had begun only contained the housing disaster and were unable to resolve such a large-scale issue.

PANTYUKHIN Ivanovo State University

UNION OF THE ROCOR AND ROCOR:

GEOPOLITICAL DIMENSION

1. The split of the Russian Orthodox Church occurred during the period of the Civil War in Russia in the conditions of the ideological confrontation between the Whites and the Reds in the 1920s.

2. Eastern Europe became the main stronghold of Orthodox Russians abroad, who tried to preserve the originality of religion outside the Russian state.

3. The 1927 declaration and the indifference of the “Westerners” in the Second World War finally consolidated the territorial and idealistic differentiation between the two outposts of the Orthodox faith:

forced to flee from the government during the Civil War, were now forced to flee from the Orthodox Church in Russia.

4. The collapse of the USSR in 1991, the patriarchate of Alexy II, the adopted concepts and dogmas of the new time made it possible to pursue a policy of rapprochement between the two Orthodox Churches.

5. The next step towards unification was the adoption in 2000 of the Social Concept of the ROC, which officially declared the innovations that were introduced to ROCOR back in the 1970s:

the inconsistency of canons and dogmas turned into a religious inter-Orthodox identity.

6. Western Europe and North America in every possible way prevented the spiritual revival of Russia, fearing that this would affect both the economic and geopolitical power of the Russian state.

7. The apogee of the final rapprochement and unification of the Churches was the signing of the Act of Canonical Communion on May 17, 2007, which recognized ROCOR - not as a subject of a new religion, but as a subdivision abroad accountable to the ROC. ROCOR became a unit dependent on the ROC in national and spiritual terms, but autonomous in economic and administrative terms.

8. A new stage in the development of relations between the ROC and ROCOR, which began in 2007, was marked by the coming to power of a new Patriarch, Kirill the First, who participates in close cooperation with his foreign colleagues.

A. A. PRONINA Ivanovo State University

–  –  –

The efficiency and possibility of interaction of the State Duma with the Emperor and his government were determined by its composition, and the composition of the Duma was determined by the electoral law.

In 1907, a new regulation on elections to the State Duma was proclaimed.

The main idea of ​​this provision, which influenced the composition of the Duma, is reflected in the manifesto of Nicholas II of June 3, 1907:

“Created to strengthen the Russian State, the State Duma must be Russian in spirit. Other nationalities that are part of Our State should have representatives of their needs in the State Duma, but they should not and will not be among the number that gives them the opportunity to be the arbiters of purely Russian issues.

By law, the Duma consisted of 442 deputies. It should be noted that the population of not all territories of the empire was represented in it. There were no representatives from the Finnish provinces, from the Yakutsk region, the Sakhalin department, as well as from all of Central Asia. In addition, individual parts of the empire were represented unevenly in the Duma: the European part - 403 deputies, the Kingdom of Poland - 14 deputies, the Caucasus region - 10 deputies, the Asian part - 15 deputies. We see that the electorate of the national outskirts has been noticeably reduced.

Russians absolutely prevailed in the national composition: 75% of the total composition of deputies, Poles - 4.5%, Germans - 3%, the remaining 7.5% of the Duma represented a total of 16 nationalities.

The confessional composition of the Duma was also practically homogeneous:

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Ministry of Education and Sciences

and the Russian Federation

FSBEI HPE "Ivanovo State University"

YOUNG SCIENCE

IN THE CLASSICAL UNIVERSITY

Abstracts of scientific conferences of the festival

students, graduate students and young scientists

CURRENT STATUS AND TRENDS

DEVELOPMENT OF THE RUSSIAN, EUROPEAN

AND INTERNATIONAL LAW:

VIEW OF YOUNG RESEARCHERS

LBC 76.0 M 754 Young science in a classical university: abstracts of scientific conferences of the festival of students, graduate students and young scientists, Ivanovo, April 21 - 25, 2014: at 7 o'clock - Ivanovo: Ivan. state un-t, 2014. - Part 3: The current state and development trends of Russian, European and international law: the view of young researchers. – 143 p.

Abstracts of reports of participants of scientific conferences held at Ivanovo State University as part of the festival of students, graduate students and young scientists "Young Science in a Classical University" are presented. The third part of the collection contains abstracts of speeches on the problems of jurisprudence.

Addressed to scientists, teachers, students and everyone who is interested in these problems.

Published by decision of the editorial and publishing council of Ivanovo State University

Editorial team:

dr ist. Sciences D. I. Polyvyanny (responsible editor), Ph.D. legal Sciences O. V. Kuzmina, Doctor of Law. Sciences A. I. Bibikov, Doctor of Law. Sciences O. V. Rodionova, Ph.D. legal Sciences M. N. Lopatina, Ph.D. legal Sciences I. Yu. Karlyavin, Ph.D. legal Sciences E. V. Trestsova, Ph.D. ist. Sciences E. L. Potseluev, Ph.D. legal Sciences I. B. Stepanova, Ph.D. legal Sciences N. I. Loginova, Ph.D. legal Sciences E. A. Petrova, Ph.D. legal Sciences O. V. Sokolova, N. G. Bulatskaya, A. A. Zhivov, I. E. Pavlova Published in the author’s edition of the Ivanovo State University, 2014 Section

«CURRENT PROBLEMS OF THE INTERNATIONAL

A. I. GOLDOBINA, K. KERIMKULOVA Ivanovo State University

LAW OF MAGNETSKY

FROM THE POSITION OF INTERNATIONAL LAW

E. A. KOVALEVA Ivanovo State University

THIRD WORLD COUNTRIES IN THE SYSTEM

INTERNATIONAL RELATIONS

The new North-South relations are taking shape in many directions. But traditionally, the general conditions of interaction between developed and developing countries are characterized mainly by economic indicators, primarily by assessing the state of world trade. Despite the qualitative differences in the standard of living, the strengthening of the global interdependence of the North and the South is taking place at the present stage not on the principles of intimidation, but on the principles of cooperation.

At the same time, new areas of controversy are emerging. Increasingly significant among them are differences over the meaning social factors. Another constant stumbling block in relations between North and South is ecology. Contradictory trends in the evolution of North-South relations are also clearly manifested in the activities of such an authoritative association of developing countries as the Non-Aligned Movement.

Thus, the world is no longer divided into a relatively small industrial part and many underdeveloped countries, there is now a group of traditionally highly developed countries and an increasingly gravitating group of countries with dynamic transition economies. All this suggests that serious changes and fundamental international political transformations taking place in the modern world are increasingly affecting developing countries and, despite their increased participation in international relations, a number of issues related to the problems of international cooperation of developing countries still remain unresolved. countries.

I. A. KULIKOVA Ivanovo State University

THE PROBLEM OF INTERNATIONAL LEGAL PROTECTION

WOMEN'S RIGHTS

The Declaration had a significant impact on the adoption of a number of special international legal documents related to the protection of women in society. Significant progress in recent decades has occurred in all areas of monitoring the observance of human rights, including women's. International legal provisions on state responsibility for violations of human rights have become widespread. The mechanism of international control over observance of the accountability and responsibility of states is also laid down in the Convention on the Elimination of All Forms of Discrimination against Women. This convention had a strong impact on the formation of the women's human rights movement, in particular, due to the fact that it was the first to give an interpretation of the term "discrimination against women". At the moment, the equality of women's rights is proclaimed one of the fundamental principles in the activities of the United Nations. The problem of protecting women's rights is of particular relevance in connection with the growing number of international and domestic armed conflicts. But even in Peaceful time violations of women's rights are widespread. There are a number of different governmental institutions in Europe offering a variety of strategies to promote and protect human rights, including women's rights (Council of Europe, European Community, OSCE). AT recent times in Europe and around the world, women's human rights organizations have become more active.

Yu. P. MALYSHEV Ivanovo State University

THE PROBLEM OF INTERNATIONAL RESPONSIBILITY

Meanwhile, the problem of international responsibility for the genocide that took place, according to the international community, in Rwanda has not been fully resolved to this day.

First of all, the question is raised about the existence of the very fact of genocide (A. Mezyaev). In the absence of the fact of a specific crime, one cannot be held accountable for it. Secondly, according to the Rome Statute of the International Criminal Court of July 17, 1998, a person under the age of 18 cannot be brought to international responsibility (S. I. Lenshin). However, teenagers also participated in the process of extermination of the Tutsi. Thirdly, a serviceman cannot be held liable if he executed an order that he considered lawful and was legally obliged to execute it. Despite the indication that the order to carry out the destruction of the enemy on a national basis is clearly illegal, the problem of proving this circumstance may arise. The reason is that appropriate literacy (in the legal field) is not common in developing countries.

As a result, the International Tribunal for Rwanda brought to justice the most important figures who committed the genocide. Ordinary participants were given "at the mercy" of local people's courts in Rwanda.

–  –  –

ON THE QUESTION OF THE PHILOSOPHICAL BASIS

THEORIES OF THE LEGAL STATE

IN THE WORKS OF I. KANT AND G. HEGEL

According to I. Kant, law is not only a formal condition of external freedom, but also an essential form of its being. I. Kant calls the rules of conduct an imperative. In particular, from the imperative “Act in such a way that you always treat humanity, both in your own person and in the person of everyone else, in the same way as an end, and never treat it only as a means,” follows the idea that that the norms of positive legislation are law only insofar as they correspond to the laws of freedom or moral laws.

The purpose of state regulation, according to I. Kant, is the consistency of the state structure with legal principles.

As a public law principle, the philosopher calls the unconditional right of the people to demand participation in the formation of the foundations of the rule of law through free will. Only under this condition can the state act as "an association of many people subject to legal laws." Where the state operates on the basis of legal law, there can be no restriction of the rights of citizens in the field of personal freedom of conscience, speech, thought, economic activity.

G. Hegel put forward the idea of ​​delimiting civil society and the political state, since civil society is based primarily on the dominance of private property and general formal equality, and not on political principles.

The philosopher criticized the concept of a police state and was the first in the German philosophy of law to point out that between the individual and the state there is a public, social environment (society) that is important both for the individual and for the state.

Thus, it can be argued that the ideas of these representatives of German classical philosophy served as milestones in the formation of the modern theory of the rule of law.

FIGHTING COUNTERFEIT: LEGAL REGULATION IN THE RUSSIAN FEDERATION AND GERMANY

The systemic fight against counterfeit products in general and the protection of intellectual property from unlawful encroachment at the present stage are becoming important components of the economic security of the state.

Russian legislation governing relations in the field of combating counterfeit products includes a number of civil, administrative and criminal laws. The general scheme for imposing sanctions in terms of content and procedures is quite consistent with the requirements of the TRIPS Agreement. However, the absence of a number of procedural provisions in the legislation makes it insufficiently effective. The current system of administrative fines charged for the sale of counterfeit products is also not effective. The regulation of this sphere is carried out by several independent laws, which interpret the provisions on the protection of copyright and related rights differently. Similar situation leads to a lack of uniformity of norms, making it difficult to apply in practice.

Unlike the Russian Federation, in Germany the experience of combating counterfeiting is more significant. Legal regulation of copyright protection is carried out both by pan-European directives and by domestic regulations, but primarily by the TRIPS Agreement and the Directive on measures and procedures for the implementation of intellectual property rights. The latter defines the provisions created to enhance the protection of intellectual property. In the structure of the German customs authorities, the Central Customs Directorate for the Protection of Intellectual Property Rights has been created, coordinating the process of seizing counterfeit products at the border on the basis of the relevant EU act.

The fight against counterfeit products is a rather complex and multifaceted task. Foreign experience shows that the issue of combating counterfeit products requires an integrated approach, coordination of the activities of all interested participants, as well as the process of proving the fact of illegal use of copyright objects, determining the size of the act.

A. I. VOVK Ivanovo State University

IMPLEMENTATION OF THE CONSTITUTION IN THE RUSSIAN FEDERATION AND THE FRG

In the domestic science of constitutional law, when defining this phenomenon, emphasis is placed on the purposeful activities of the competent authorities. Implementation is the implementation of the norms of the Constitution, the transition of constitutional phenomena to a qualitative state. And in Germany, a lot of attention is paid to democratic principles, which are an important and integral component in understanding the very phenomenon of the implementation of the Basic Law and in the process of its implementation in practice.

Increasing constitutional legal awareness is of great importance in such a form of implementation of the Basic Law as compliance, because this is a passive form that requires the implementation of specifically prohibiting norms. Constitutional legal awareness is the most important link between the constitutional legal norm and its implementation; since it performs the function of translating the norm into practice, influencing people's behavior.

Regarding the problems of implementing the foundations of the constitutional system in the Russian Federation and the FRG, there is a lot in common. Both states have approved the principle of the rule of law, have guarantees of preserving the republican form of government, and have consolidated a stable concept for the development of federal relations.

The positive experience of the Russian Federation and the Federal Republic of Germany in the field of the implementation of the Constitution can be useful to other states that are building a legal, democratic and federal state.

U. A. VOROZHBIT, K. A. SEMENOVA Ivanovo State University

INTERNATIONAL LAW THROUGH THE PRISM OF DOCTRINE

HANS KELZEN

In his works on international law, Kelsen put forward a project to establish a world legal order based on voluntary submission sovereign states bodies of international jurisdiction that would be capable of applying sanctions and coercion. In addition, according to Kelsen, all law develops within the framework of the so-called "basic norm", which determines the main factor of lawmaking. It can be assumed that the basic principles of international law are the most general norms that determine its main content and have the highest political, moral and legal authority. At the same time, the principles should be considered as abstract rules of law.

In addition, there is an opinion that in the context of globalization today there is or will arise in the near future the need for an official systematization of a number of existing international legal norms. In particular, OI Tiunov proposes the idea of ​​creating international legal standards. This is justified by the fact that at the moment there are already examples of standards, in addition, they do not contradict the basic principles of international law, and, finally, they can quite reasonably contribute to a uniform understanding and solution by states of common problems of our time.

Thus, the approach of Hans Kelsen is of great practical importance, and we can say that the “basic norm”, on the existence of which the normative theory of G. Kelsen is based, are the principles of international law. In modern realities, it is necessary to supplement the basic principles with systematized standards.

HUMAN Dignity: LEGAL DOCTRINE AND LEGISLATION OF THE RUSSIAN FEDERATION AND GERMANY

In legal reality, human dignity acts as the basis of human rights and freedoms, the legal system and the state as a whole. The idea of ​​ensuring the dignity of the individual at the constitutional level is elevated to the rank of a general legal principle.

In the Russian Federation, the constitutional foundations of the dignity of a citizen are the principle of protecting dignity (part 1, article 21), for the first time, the inviolability of human dignity was recognized as the leading constitutional principle in the Basic Law of the Federal Republic of Germany (paragraph 1, article 1). Legal scholars understand this moral category in different ways. According to N. S. Malein, dignity is an internal self-assessment of one's own qualities, abilities, worldview, one's social significance. The German scientist W. Maihofer believes that respect for dignity is expressed in the guarantee by the state of the freedom of moral self-determination. The constitutional and legal theory and practice of Germany proceed from the fact that the requirement of inviolability of dignity is manifested in the impossibility of alienating, depriving and restricting a person's right to respect his dignity. It seems that the legal doctrine of the Russian Federation needs to develop an acceptable criterion for determining what constitutes a violation of the dignity of the individual. In the German legal system, this problem is solved by introducing the following criterion: violation of human dignity implies a clearly expressed disregard for the value of the individual. The idea of ​​the dignity of the individual, due to its globality and universality, is realized in more specific categories. Judicial practice can concretize it, clarifying the essence of the enshrined fundamental human rights, while the clarifications of the Constitutional Court of the Russian Federation and the decisions of the Federal Constitutional Court of Germany are important.

Thus, the inviolability of human dignity in the doctrine and law of Russia and Germany appears as the most important constitutional principle and fundamental human right. Dignity, if it is properly protected, is the backbone of democracy and legal statehood.

CRITIQUE OF THE THEORY OF E. B. PASHUKANIS THROUGH A PRISM

G. KELZEN'S VIEWS

The theory of E. B. Pashukanis marked the first stage in the development of the Soviet theory of law. It was one of the first attempts to interpret Marxist theory by wrapping social relations in an ideological wrapper. However, the paradoxical result of the study of E. B. Pashukanis was the actual recognition that only capitalist law can be called “pure”

right, right in the proper sense of the word. It is precisely for this, by the way, that later, during the reign of the theory of A. Ya. Vyshinsky, the views of E. B. Pashukanis were declared “wrecking” and resolutely rejected Soviet power and the Soviet legal science subdued by it.

The theory of E. B. Pashukanis is an attempt to introduce into jurisprudence, just as it was previously done by K. Marx himself with political science, a significant dose of Marxist economic doctrine. A feature of the theory is that E. B. Pashukanis tried to reject the definition of law as a system of norms and present law as part of social reality. The content of the legal norm for him is either an expression of social relations that already exist in reality, or an expression of the social order that the goal is to achieve in the future. He comes to the conclusion that even normative theory must recognize its effectiveness as the only measure of evaluating law.

From the point of view of G. Kelsen, these conclusions contain the main drawback of the theory of E. B. Pashukanis. In reality, the operation of a legal norm and its effectiveness are not the same thing. Social relations enter into agreement with the existing law, not because the law reflects them, but because it is obligatory to be observed. And this obligation compels social relations to adapt and comply with the prescriptions of law.

E. I. KOMAROVA, A. A. MERKULENKO Ivanovo State University

LEGAL STATUS OF MIGRANTS IN THE GERMANY

The problem of migration and migrants is acute in various spheres of German society, which makes it necessary to study the legal status of migrants in Germany.

In Germany, there remains a significant flow of illegal migration, which is problematic to trace. According to the Aliens Act, for illegal stay in Germany, foreign citizens are punished with imprisonment of up to one year or a large fine.

The group of illegal migrants is difficult to distinguish from the group of refugees. According to par. 1 st. 16 of the Basic Law of the Federal Republic of Germany, the right of asylum can be used by persons persecuted for their political opinions. Moreover, these persons should not be citizens of "safe states".

According to the so-called "blue card", adopted in the EU, qualified foreign specialists are allowed to work, as well as entrepreneurs who want to open their own business in Germany. There is an opportunity for labor migration, the conditions and restrictions for which are established by the Ministry of Internal Affairs through a government decree and with the approval of the Bundesrat.

With a combination of various methods of the policy of social integration of migrants, its main task is that integration requires both efforts on the part of immigrants and the readiness of German society to accept them.

As a general rule, in order to obtain German citizenship, it is necessary: ​​an indefinite right of residence in Germany; passing a special test; legal residence in Germany for eight years;

the ability to financially provide for their family; no criminal record; renunciation of former citizenship. A special procedure for obtaining citizenship is provided for refugees, German citizens who left Germany, fleeing Nazi persecution and other groups.

The status of migrants who have acquired German citizenship differs in certain respects from that of other German citizens.

For example, in some federal states, the teaching of the Koran is organized in schools for children from Muslim families. Some representatives of the second or third generation of migrants are included in the elite of German society, sometimes even as members of the Bundestag.

KUROCHKINA Ivanovo State University

GERMAN CIVIL REGULATION:

HISTORY AND MODERNITY

In this edition, which entered into force on January 2, 2002, the German Civil Code (hereinafter referred to as the GCC), as it is customary to call the Civil Code of Germany in Russia, consists of the General Part, obligations, property, family, inheritance law. Books have their own clear structure, contain parts, sections, subsections, chapters.

In total, there are 2385 articles in the Code, about 291 of which have become invalid. The Civil Code has a high legislative technique.

The changes in the GGU affected, first of all, the law of obligations, family law, and property rights. Changes and additions can be objectively divided into two groups: those made within the framework of internal legislation and external ones, reflected in the texts of the EU Directives. It seems that the editing of the Civil Code was caused by the complication of social relations, the equalization of men and women in rights, the socialization of law in the 20th century.

GC has been the subject of analysis by both Russian (G.F. Shershenevich, D.I. Meyer, A.S. Raynikov, N.N. Ryabchikova, I.G. Baranovskaya) and foreign scientists. Thus, the work “Comparative Legal Traditions” should be noted. Its authors, professors M. A. Glendon (M. A. Glendon), M. V. Gordon (M. W. Gordon), K. Osakwe (C. Osakwe), call the Civil Code of Germany in red. 1900 the most advanced legal technique act of its time.

It seems that the Russian legislator should pay attention to the structure, features of the German Civil Code and the doctrinal developments of foreign scientists devoted to this important law.

Ya. O. MAKAROVA Ivanovo State University

GOALS AND PHILOSOPHY OF ASSESSING KNOWLEDGE IN THE CONDITIONS

BOLOGNA PROCESS

Now there is a successful integration of Russian universities into the pan-European space of higher education and science. With all this, there are some difficulties associated, in particular, with the need for a meaningful reform of the educational process, the development and adoption of new state standards in the field of higher education, since the traditional teaching and methodological model (5-point scale) is outdated. The main problem of quality control systems in universities is the objectivity of assessment.

We need to bring higher education systems closer to European universities in order to create a single European higher education area, which is what the Bologna process is now aimed at.

The main goals of the Bologna Process are to expand access to higher education, further improve the quality and attractiveness of European higher education, and expand the mobility of students and teachers. Russia's accession to the Bologna process gives a new impetus to the modernization of higher professional education, opens up additional opportunities for the participation of Russian universities in projects funded by the European Commission, and for students and teachers of higher educational institutions in academic exchanges with universities in European countries, since the number of students from Russia to foreign universities increased to 20-25%.

Evaluation of educational achievements is considered as a system-forming component of education quality management, which consists in establishing the degree of compliance of quality standards between the goal and the result of education. It is important to emphasize that this is not so much about changing the means of assessment, but about changing the goals of assessment and the philosophy of assessment.

Y. V. ROMANOVA Ivanovo State University

PRELIMINARY INVESTIGATION AUTHORITIES

IN RUSSIA AND GERMANY:

COMPARATIVE LEGAL ANALYSIS

M. S. SEDOV Ivanovo State University

LEGAL REGULATION OF ADVERTISING

ACTIVITIES UNDER THE LEGISLATION OF THE RUSSIAN FEDERATION AND GERMANY:

COMPARATIVE ANALYSIS

Common features are manifested in the basic principles of advertising activities: in the Russian Federation it is conscientiousness, reliability, inadmissibility of misleading; Germany - conscientiousness, reliability and clarity. The legislation of both countries provides for a ban on incorrect comparisons of the advertised goods with goods from other manufacturers. General is the ban on false information about the benefits of the product, its cost, the amount of discounts, etc. In Russian advertising, the use of swear words, obscene and offensive images is not allowed; in German, in addition, there is a ban on overly emotional advertising.

A feature of German advertising legislation is the detailed regulation of certain types of promotions (seasonal sales, anniversary promotions). Plus German law - a ban on the provision of advertising without the prior consent of the addressee of the advertisement with the advertiser to receive information via fax, SMS, E-mail. Differences are manifested in the procedures for bringing to responsibility for violation of advertising legislation. In the Russian Federation, persons whose rights and interests are violated as a result of the dissemination of inappropriate advertising have the right to apply to the court, incl. arbitration, as well as to the Federal Antimonopoly Service (FAS). In Germany, the law gives the right to consumers, entrepreneurs, chambers of commerce and industry to demand that advertisers eliminate violations, obliging them to correct violations out of court, and to refrain from violations in the future.

Thus, the presence of a large number of similar provisions in the laws on advertising of the Russian Federation and the Federal Republic of Germany testifies to the focus of Russian advertising legislation on European legal experience and achievements. At the same time, the specificity of the legal regulation of each of the countries is manifested in certain issues.

A. O. FONINA Ivanovo State University

FORM OF GOVERNMENT IN MODERN GERMANY

It is noteworthy that in Germany itself the Bundesrat is not regarded as a chamber of parliament.

The executive power is bivalent, i.e. both the president and the prime minister are at the head of the state. The Prime Minister, in other words, the Federal Chancellor of Germany, is elected by the Bundestag on the proposal of the Federal President; The chancellor is the head of the federal government. Government ministers are appointed by the president on the proposal of the chancellor; however, all ministers are required to take an oath before the Bundestag: this expresses its control function (ie the federal government is responsible to the Bundestag). The federal government is coalition; this allows representatives of different parties (big and small) to get a seat in the government. It is formed following the results of parliamentary elections in the course of coalition negotiations. At these negotiations, programs are coordinated;

much later - the distribution of ministerial portfolios. Sometimes there is a "grand coalition", when the government is formed from the two parties that received the largest number of votes. The federal president is elected by the federal assembly, which consists of representatives of the Bundestag. It is not difficult to see that the executive power directly depends on the Parliament.

The main advantage of this form of government will be the absence of prerequisites for the concentration of power in one hand.

However, due to the fact that the government is heterogeneous, government crises are possible. So, during the formation of the existing government (end of 2013), contradictions could be observed between the two main parties of the FRG: the CSU / CSD and the SPD. Contradictions within the government may not have the best effect on the policy pursued within the state, and may also lead to a crisis of power.

After analyzing the organization of the supreme state power and the procedure for the formation of its bodies, the features that characterize the FRG as a parliamentary republic were identified.

A. A. YURKOVA, I. N. RYNENKOV Ivanovo State University

CRIME IN THE GERMANY

for example, in terms of criminal law, moral initiative, information, etc. Let us designate the main features of crime in Germany.

For several years now, the indicator of the total number of crimes committed has remained unchanged - about 6 million, while theft is most often committed, the number of cases of penetration into a home is increasing, and the problem of computer crime is becoming more and more apparent.

Statistics show that in the south of the country crime is much lower than in the north: for example, the three most criminalized cities (Berlin, Bremen and Hamburg) are located in northern lands Germany. At the same time, the least criminalized lands demonstrate the highest rates of crime detection (over 60%).

The safest large city is the capital of Bavaria - Munich (7153 cases per 100 thousand inhabitants in 2012), and the most attractive for criminals - Frankfurt am Main (16310 cases in 2012).

The vast majority of crimes () are committed by men. A positive trend is the decline in juvenile delinquency (approximately 16% in 2012). Of particular interest to German criminologists are crimes committed by persons who do not have German citizenship: their number increased by 3.7% (it is interesting that the number of German criminals decreased by 2.2%). The main reasons for the growth of foreign crime are the well-being in Germany and open borders.

However, it should be noted that the level of crime in Germany is much lower than domestic indicators, and the existing problems and ways to solve them, although, on the one hand, are similar, are still larger and more ambiguous within the framework of Russian reality.

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K. A. Puchkov Ivanovo State University EVENTS OF SEPTEMBER 11, 2001: IMPACT ON WRESTLING

WITH INTERNATIONAL TERRORISM

After the events of September 11, many countries reacted to what happened and introduced “anti-terrorist” changes to their legislation for consideration.

The main international organization that determined the vector of development of anti-terrorist policy was the United Nations, which adopted a number of resolutions, on the basis of which cooperation between the participating countries was established, various counter-terrorism committees were formed, and global strategies were adopted.

An immediate reaction followed from the main subjects of world politics. In the United States, the “National Security Strategy” was adopted, an important point in which is a statement of the policy of preventive war. The EU has adopted a plan of anti-terrorist action, involving the strengthening of the union's borders, the creation of Eurojust and the fight against the financing of terrorism. The Council of Europe began to ensure the implementation of the UN Security Council resolution and adopted Conventions aimed at preventing and suppressing acts of terrorism.

Important initiatives to counter terrorism were carried out by European countries in the OSCE format, in particular, a framework was formed for the organization's actions in the fight against terrorism in compliance with international law. In Central Asia, the initiative in the field of counter-terrorism activities in the wake of the SCO has been actively developed.

Thus, the terrorist attacks of September 11, 2001 affected practically the entire world community, accelerated the consolidation of international organizations, work on the development and adoption of legislation and measures in the field of combating terrorism.

–  –  –

I. M. SMIRNOV Ivanovo State University

DOUBLE STANDARDS OF SUPER-DEMOCRACY

The fact that the American authorities complied with the norms of the constitution regarding immunity privacy, was often questioned, but there was no evidence to the contrary until, in early June 2013, the world was stirred up by reports from the two leading Western publications The Guardian and The Washington Post about the comprehensive surveillance of American intelligence agencies over their own citizens and users of communication networks around the world .

The list of companies cooperating with the secret program includes such leading Internet resources as Google, Facebook, You Tube, Hotmale, Skype, and computer software and electronics manufacturers Microsoft and Apple. Simultaneously with these events, the world learned about the thirty-year-old American Edward Snowden, a former employee of the US NSA and the CIA, who gave the journalists all the "underground"

American intelligence agencies. He stated that he could not live in a world where everything he did was recorded.

The President of the United States justified the activities of American intelligence services by the need to counter terrorist acts.

However, this position is not compatible with the fact that the NSA tapped the phones of world leaders, including German Chancellor Angela Merkel, Brazilian President Dilma Roussef.

In fact, we are talking about the total surveillance of American intelligence services for all citizens in their country and abroad. "Everyone"

it really means everyone: from presidents to the last vagabonds, from worst enemies to bosom friends.

Thus, the ignorance by the US ruling circles of fundamental universal human values, which they themselves proclaim, such as “privacy of privacy” and “society of equal opportunities”, is confirmed, which allows us to talk about the double standards of American super-democracy.

A. P. FAFIN Ivanovo State University

DO PERSONS IN PLACES NEED

DISCLAIMER IN THE RUSSIAN FEDERATION, GIVE ACTIVE

SUFFRAGE?

One of them is the inability to participate in voting by persons who are in places of deprivation of liberty by a court verdict.

There is a point of view that this restriction does not correspond to the international democratic principles of suffrage, is illegal, and deprives part of the Russian population of the right to participate in government. Today, prisoners can vote freely in Switzerland and France.

The question of the voting rights of prisoners was raised in the European Court of Human Rights. In 2013, it was decided that the Constitution of the Russian Federation violated the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950, which guarantees the right to free elections. Russia stated that interference with the rights of prisoners is legal, meets the interests of society, and is carried out in order to protect the foundations of the constitutional order, the rights and legitimate interests of others.

Chairman of the Ivanovo Regional Duma V.V. Smirnov, who headed the Electoral Commission of the region until 2012, believes that criminal punishment entails the infringement of a person's rights, but only in order to minimize his danger to society. He noted that the prisoners have a specific view of the current policy in the country. If given the right to vote, they will be guided by special views and a criminal past.

It is also necessary to constantly monitor the actions of the prisoner, and therefore it will not be possible to ensure the principle of secret voting.

“Thus, in order to avoid negative consequences, the government should form state bodies based on the opinion of society, and not crime,” V.V. emphasized. Smirnov.

Thus, the restriction in the electoral rights of persons serving sentences of imprisonment is legal and justified, is temporary, and does not allow the penetration of distorted views into the formation of representative bodies of power.

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A. A. ALEKSEEVA Ivanovo State University

FEATURES OF AN EMPLOYMENT CONTRACT

ATHLETES

M. N. ALEKSEEVA Ivanovo State University

PROSECUTOR'S SUPERVISION OVER THE EXECUTION

PERSONAL DATA LEGISLATION

It should be noted that the Internet generates a sufficient number of social relations, which brings both new opportunities and new difficulties. In this regard, the issue of protecting personal data during their processing through Internet resources is becoming increasingly relevant. Thus, with the development of computer technology, everyone can find on the Internet a sufficient amount of information related to personal data (for example, when registering on websites in social networks, etc.). However, not always the persons who have received such information keep it in good faith. The tightening of requirements for the processing of personal data, of course, has increased the level of their protection on the part of personal data operators. However, violations in this area give rise to a trend towards an increase in the number of detected violations. At the same time, violations are detected both in the technical aspects of information protection, and in the regulatory consolidation of requirements for the protection of personal data. It should be noted that one of the distinguishing features of violations in this area is their latency, and in some cases it is not possible to establish the source of personal data leakage.

Thus, taking into account the fact that the main purpose of the prosecution authorities is to comprehensively ensure the protection of the rights of citizens and the state, prosecutorial supervision in the analyzed area should occupy an important place in their work. Law enforcement practice indicates the need to intensify and improve the efficiency of prosecutorial supervision in this area of ​​activity, the adoption of a set of measures for prosecutorial response. At the same time, the purpose of the activities of prosecutors is not only to ensure the protection of human rights in the processing of his personal data, but also to prevent violations by promptly and adequately responding to illegal actions.

A. O. ANDROSOVA, P. A. GHARIBYAN Ivanovo State University

EMPLOYMENT HISTORY. DEVELOPMENT PROSPECTS

In January 2014, the Ministry of Economic Development of the Russian Federation began to develop a relevant bill. In addition to work books, it is planned to abolish the seals of organizations.

Registration of a work book and the procedure for maintaining it are regulated by the norms of the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books”. According to the Labor Code of the Russian Federation, all employers, with the exception of employers - individuals who are not individual entrepreneurs, draw up work books for an employee who has worked in an organization for more than 5 days and if such work is the main one for him. The work book is the main document that confirms the work activity and length of service of the employee. The work book must contain information about the employee, about the performance of his work, as well as his transfer to another permanent job, about dismissal, as well as information about awards for success in work.

The idea of ​​canceling the work book in paper form is due to the fact that all data on the work experience of an employee can be obtained through electronic systems in the FIU. In addition to the system of personalized accounting in the Pension Fund of the Russian Federation, which contains all the information confirming the insurance experience of a person, there are employment contracts that can also confirm the periods of work of a citizen.

Regarding the abolition of paper work books, both positive and negative points of view are expressed. In the event of cancellation of work books, employers will have to request certificates from the Pension Fund of the Russian Federation about the length of service, employees will have to collect and store all employment contracts from previous jobs. For many workers, part of the work experience falls on the time of the existence of the USSR and information about this experience is contained only in their work books.

Thus, the abolition of a paper work book is possible subject to the creation of a reliable electronic system for storing the employee's personal data and a reliable electronic document management.

V. S. BELOVA Ivanovo State University

WORK GUARANTEES FOR PREGNANT WOMEN

Thus, the current situation necessitates the introduction of additional social guarantees for the rights of pregnant women, which requires an analysis of the current legislation on the protection of the rights of pregnant women and the identification of the main problems and gaps in the law.

A. GAVRILOVA Ivanovo State University

PROBLEMS OF REFORMING THE STATE

SERVICES OF THE RUSSIAN FEDERATION

The first stage - from the end of 2000 to the middle of 2001. A general conceptual approach was formed to the variant of modernization of the institution of the civil service of the country as a whole. It ended with the approval of the Concept of reforming the civil service system of the Russian Federation.

The second stage - (from 2001 until the adoption of the Federal Law "On the System of the Civil Service of the Russian Federation"), included the development and approval of the Federal Program "Reforming the Civil Service of the Russian Federation for (2003-2005)".

At the third stage, since 2004, the mechanisms for the functioning of the civil service have been formalized and improved, the practical implementation of the norms laid down in federal laws and regulatory legal acts adopted within the framework of the concept and the Federal Program is being carried out. In 2004, the law "On the State Civil Service of the Russian Federation" was adopted, in 2005 - the decree of the President "On the certification of civil servants of the Russian Federation."

At the present stage of development of the civil service, the requirements of citizens to the quality of public services provided to the population by the state in the person of its specific bodies are increasing. Such a task of reform as increasing the efficiency of the civil service in the interests of developing civil society and strengthening the state was not completely satisfied. There are no sufficient conditions for the implementation of other program provisions, such as openness and accountability of the state apparatus and civil servants to civil society, due to the distrust of citizens in the authorities. The next problem of reform, which is relevant in modern times, is the presence of outdated technologies in the work of personnel services, as well as the incomplete implementation of incentive mechanisms for civil servants to perform civil service duties at a high professional level, which reduces the motivation of civil servants.

E. V. EFREMYCHEVA Ivanovo State University

RATIO OF LABOR

AND CIVIL LEGAL AGREEMENT

The following differences make it possible to compare these contracts:

1) the subject of a civil law contract is the receipt by one of the parties of the contract of the agreed result of labor, and the subject of the labor contract is the labor process itself;

2) an employee, working under an employment contract, must perform the work personally, and when working under a civil law contract, it is allowed to involve third parties, if the contract does not establish the obligation to perform the work personally;

3) when working under an employment contract, the employee must comply with the internal labor regulations, working hours, and when working under a civil law contract, performers and contractors themselves determine the procedure for performing work;

4) an employment contract, unlike a civil law contract, contains guarantees of social protection of employees, such as compensation and benefits, insurance, rest time, etc.

The illegal conclusion of civil law, and not labor contracts is a reason for going to court. Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 in paragraph 8 explains that if a civil law contract was concluded between the parties, however, during the trial it was established that this contract actually regulated labor relations between the employee and the employer, such relations in force h. 4 Article. 11 of the Labor Code of the Russian Federation, the provisions of labor legislation and other acts containing labor law norms should be applied.

A. A. ZUBAREVA Ivanovo State University

POSITION OF CHILDREN'S OMBUDSMAN IN RUSSIA

With the recent increased interest in children's rights, as well as the growth of problems related to the rights of the child in Russia, the position of the Commissioner for Children's Rights or Children's Ombudsman was introduced in 2009. The first children's ombudsman was Aleksey Ivanovich Golovan, a public and statesman.

The Decree of the President of the Russian Federation "On the Commissioner for Children's Rights under the President of the Russian Federation" establishes the main provisions and duties of the Commissioner for Children's Rights.

It should be noted that the functions of the Commissioner for Children's Rights under the President of the Russian Federation are quite extensive. First of all, this is legislative activity, which will include the improvement of legislative, organizational, legal and material guarantees for the observance of children's rights, the development of system proposals aimed at the fullest possible implementation of the basic, basic rights of the child in society, the restoration of violated children's rights. In international activities, the main areas are the protection of the rights of children when leaving the Russian Federation; during their repatriation, the process of adoption of children by foreign citizens. In addition, the Commissioner for Children's Rights under the President of the Russian Federation should take an active part as an organizer of international activities in the field of child protection.

Summing up, we note that, despite such a recent existence, the institution of the Commissioner for Children's Rights is actively involved in protecting and ensuring the rights of the child.

A. A. KARAPETYAN Ivanovo State University

THE PROBLEM OF IMPLEMENTING ACTIVE ELECTORAL

RIGHTS BY PERSONS IN PLACES

TEMPORARY DETENTION

M. I. KUZICHKINA Ivanovo State University

PROBLEMS OF LEGAL REGULATION OF EUTHANASIA

IN RUSSIA

Not all countries provide the right to euthanasia. Accordingly, from the point of view of the legalization of euthanasia, they can be conditionally divided into three groups:

1. countries that recognize both active and passive euthanasia, these include the Netherlands and Belgium.

2. countries where only passive euthanasia is allowed, for example, the USA (Oregon), Switzerland.

3. countries prohibiting euthanasia in any form, such countries include Uzbekistan and Azerbaijan.

In the Federal Law "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation", Article 45 expressly prohibits both passive and active euthanasia.

The question of the legalization of euthanasia in Russia is a lively discussion. There are a number of questions of legal regulation that have not yet received an unambiguous answer.

For example, such as:

1. At what age can a patient make a decision on voluntary death;

2. Should there be consent of relatives for the implementation of this procedure;

3. From what moment the patient can exercise the right to euthanasia;

4. From what moment can relatives decide on euthanasia if the patient is unconscious;

5. Is the doctor authorized to make a decision on euthanasia on his own, or does this require the conclusion of a council of doctors.

Thus, the problem of legal regulation of euthanasia in Russia continues to be relevant.

A. N. MONKOVA Ivanovo State University

THE PROBLEM OF SETTLEMENT OF A CONFLICT OF INTEREST

IN THE PUBLIC SERVICE OF THE RUSSIAN FEDERATION

Most scientists say that the term "conflict of interest" in the context of the activities of state and municipal employees is used mainly in connection with the resolution of issues of corrupt behavior. The extension of this institution to the sphere of public administration is caused by the need to prevent the influence of any private interests on a public servant.

The public service, due to its specificity, has a high conflict potential, which, on the one hand, is created external environment, in which public authorities exercise their powers, and on the other hand, the internal environment created by the sphere of administrative-service and social-labor relations.

The emergence of a conflict of interest in the public service is determined not only by the impact of a complex of relevant causes, but also by the presence of certain conditions.

To manage conflicts of interest in the civil service of the Russian Federation, it is necessary to work at various stages: prevention, detection, resolution, and elimination of negative consequences. It is important to pay attention to the formation of the professional personality of the civil servant himself; his official behavior will be based on the principles of serving the state and society.

The procedure for resolving a conflict of interest consists of legal means that are applied depending on the structure and characteristics of the conflict, its severity and scope, and other criteria, and the choice of the appropriate legal means of resolving a conflict of interest in each case must be chosen depending on the type of public service in which such a situation arises.

S. R. MURADOVA, Zh. S. UTYUGANOVA Ivanovo State University

INSTITUTE OF CITIZENSHIP OF THE RUSSIAN FEDERATION

AND THE REPUBLIC OF KAZAKHSTAN:

COMPARATIVE - LEGAL ASPECT

Citizens of the Russian Federation are: a) persons who have citizenship of the Russian Federation on the day this Federal Law enters into force; b) persons who have acquired the citizenship of the Russian Federation in accordance with this Federal Law. Citizens of the Republic of Kazakhstan are persons who: a) permanently reside in the Republic of Kazakhstan on the day this Law enters into force;

b) were born on the territory of the Republic of Kazakhstan and are not citizens of a foreign state; c) acquired the citizenship of the Republic of Kazakhstan in accordance with this Law.

Citizenship of another state is not recognized for a citizen of the Republic of Kazakhstan. A citizen of the Russian Federation who also has another citizenship is considered by the Russian Federation only as a citizen of the Russian Federation, except for cases provided for by an international treaty of the Russian Federation or federal law. The acquisition by a citizen of the Russian Federation of another citizenship does not entail the termination of citizenship of the Russian Federation.

Citizenship of the Republic of Kazakhstan is acquired: 1) by birth; 2) as a result of admission to the citizenship of the Republic of Kazakhstan; 3) on the grounds or in the manner provided for by interstate agreements of the Republic of Kazakhstan; 4) on other grounds provided for by this Law. Citizenship of the Russian Federation is acquired: a) by birth; b) as a result of admission to the citizenship of the Russian Federation;

c) as a result of restoration of citizenship of the Russian Federation;

d) on other grounds provided for by this Federal Law or an international treaty of the Russian Federation.

Citizenship of the Republic of Kazakhstan is terminated due to: 1) renunciation of the citizenship of the Republic of Kazakhstan; 2) loss of citizenship of the Republic of Kazakhstan. Citizenship of the Russian Federation is terminated: a) due to renunciation of citizenship of the Russian Federation; b) on other grounds provided for by this Federal Law or an international treaty of the Russian Federation.

N. V. RODIONOVA Ivanovo State University

DISCIPLINARY RESPONSIBILITY

CIVIL EMPLOYEES IN COMMUNICATIONS

WITH CORRUPTION OFFENSES

A. M. SOKOLOV Ivanovo State University

CIVIL SERVICE MANAGEMENT

RUSSIAN FEDERATION

After the collapse of the Union of Soviet Socialist Republics and the exclusion of Article 6 from the Basic Law in the new political conditions, the importance of personnel services objectively increased, but they were not able to realize the tasks assigned to them. tasks on national personnel policy. Repeated attempts were made to create special authorities, whose competence included personnel policy issues, which were often not implemented. Only in 1995 was the Federal Law “On the Fundamentals of the Public Service of the Russian Federation” adopted.

For the first time, the bodies that were supposed to manage the civil service were legislatively fixed, but in practice it is impossible to talk about the functioning of such bodies.

In the 21st century, the reform of the civil service has not remained static. In 2001, it was approved by the Decree of the President "The concept of reforming the public service system of the Russian Federation." Later, in 2003, the current Federal Law “On the system of public service of the Russian Federation” was adopted. For 2009-2013, the federal program "Reforming and developing the public service system of the Russian Federation" was adopted.

Nevertheless, the system of public service management bodies has not been created to date.

O. Yu. TAIBOVA Ivanovo State University

LEGAL AND ORGANIZATIONAL FRAMEWORK

OF ADMINISTRATIVE LEGAL STATUS KDNiZP

KDNiZP are an integral part of the system of prevention and neglect of juvenile delinquency. The status of the KDNiZP, as well as other collective subjects of administrative law, is a complex legal structure, it consists of various elements. The elements of the administrative-legal status, of course, should be considered not as a simple set, but as a specific legal structure.

It should be noted that there are several points of view regarding the definition of the legal nature of the KDNiZP in the legal literature.

The executive and administrative activity of the KDNiZP is manifested in the course of the implementation of their competence.

Main tasks

systems KDNiZP are: providing a unified state approach to solving the problems of prevention and neglect of juvenile delinquency; protection of their rights and legitimate interests throughout the Russian Federation. By implementing these tasks, KDNiZP have a managerial impact on various areas government controlled through intersectoral coordination.

The existing system of KDNiZP, realizing intersectoral coordination, acts as a subject of management. In addition, all general management functions are present in the activities of the KDNiZP.

Another feature that characterizes the KDNiZP as an executive body is the rather wide state-power powers.

Thus, KDNiZP have jurisdictional powers of a complex nature, which distinguishes them from other subjects of administrative-jurisdictional activity.

A. V. TRUSHKOV Ivanovo State University

ABOUT FINANCIAL RESPONSIBILITY

First of all, in order to better understand the essence of financial liability, it is necessary to compare it with other types of liability: to highlight common and specific features, and also to consider a financial offense as a basis for financial liability.

Financial responsibility is understood as a type of legal responsibility, which is a set of social relations arising between the state represented by its special bodies and the offender as a result of the latter committing guilty actions (inaction), for which it is supposed to undergo appropriate adverse legal consequences of a monetary nature (financial sanctions) established by the financial legislation.

A financial offense is considered to be an unlawful violation of financial legislation, which is an act (action or inaction) of the subjects of financial and legal relations, for which liability is established.

One cannot but agree that a correct understanding of the essence of financial responsibility allows participants in financial legal relations to successfully resolve complex conflict situations and defend their rights.

I. E. FILENKOV Ivanovo State University

ARTICLE 205 of the Criminal Code of the Russian Federation IN THE CONTEXT OF THE PRINCIPLE OF THE HIGHEST

HUMAN VALUES AND HIS RIGHTS

The concept of human rights and their priority in the Criminal Code of Russia has found its direct embodiment: in the Special Part, crimes against the person are put forward in the first place, and in the General Part, the protection of the rights and freedoms of man and citizen is defined as a priority, however, an excessive gap between the sanctions of the parts of Art. 205 of the Criminal Code of the Russian Federation, cast doubt on the paramount importance of protecting these rights of an individual who is undergoing socially dangerous consequences of a terrorist act.

F. V. TSVETKOV Ivanovo State University

PLACE AND ROLE OF INFORMATION RIGHT

IN THE FORMATION AND DEVELOPMENT OF INFORMATION

SOCIETIES

Information law as a science, industry and academic discipline is legal basis information society and contributes to the creation of an effective information environment that meets the needs of social development. Despite the fact that information law itself is still at the initial stage of its formation and is one of the youngest branches in the system of Russian law, for the successful functioning of the information society, it is necessary to resolve issues regarding legal methods, the formation of a conceptual apparatus, and information security.

D. SHAKHOV Ivanovo State University

RATIO MINIMUM PAYMENT

LABOR AND LIVING WAGE

Federal Law of 19.06.

2000 No. 82-FZ "On minimum size wages” establishes the minimum wage from January 1, 2014 in the amount of 5,554 rubles per month. The cost of living in accordance with the Federal Law of October 24, 1997 No. 134-FZ "On the cost of living in the Russian Federation" - the cost estimate of the consumer basket, as well as mandatory payments and fees. The subsistence minimum per capita and for the main socio-demographic groups of the population in the whole of the Russian Federation and in the constituent entities of the Russian Federation is determined quarterly and is subject to official publication. Thus, by Decree of the Government of the Russian Federation of 17.12.

2013 No. 1173 "On the establishment of the subsistence minimum per capita and for the main socio-demographic groups of the population as a whole in the Russian Federation for the 3rd quarter of 2013" the value of the subsistence minimum is established for the whole of the Russian Federation for the third quarter of 2013.

per capita - 7429 rubles, for the able-bodied population - 8014 rubles, pensioners - 6097 rubles, children - 7105 rubles.

In the Ivanovo region, Decree of the Governor of the Ivanovo region dated January 16, 2014 No. 7-ug "On the establishment of the subsistence minimum per capita and for the main socio-demographic groups of the population in the Ivanovo region for the 4th quarter of 2013" established the subsistence minimum in the Ivanovo region for the IV quarter of 2013 per month per capita 7036 rubles, for the able-bodied population - 7611 rubles, pensioners - 5868 rubles, children - 6826 rubles.

Thus, to date, the problem of the discrepancy between the minimum wage and the subsistence minimum has not been resolved, and the norm of Article 133 remains not fully implemented.

–  –  –

T. V. AZAROVA Ivanovo State University

SOME PROBLEMS OF THE TRUST AGREEMENT

PROPERTY MANAGEMENT: CONCLUSIONS OF THE JUDICIAL

PRACTICES

Also relevant is the problem of concluding a lease agreement by a trustee for a period exceeding the term for concluding a trust management agreement.

In accordance with Art. 608 of the Civil Code of the Russian Federation, the right to lease property belongs to its owner. Landlords may also be persons authorized by law or the owner to lease property.

From the analysis of judicial practice, it follows that the trustee, in order to profit from the property entrusted to him, can lease such property.

However, the question of the possibility of concluding a lease agreement for a period exceeding the term of trust management, as well as the fate of such a lease agreement after the expiration of the trust management period, is of fundamental importance. In our opinion, one should agree with the position according to which the trust management agreement is an insignificant transaction in terms of leasing real estate for a period that exceeds the term of the trust management agreement.

T. G. BARASHKOVA Ivanovo State University

ON THE CONCEPT OF BYPASSING THE LAW

The definitions of circumvention of the law given in science can be divided into three groups: circumvention of the law - violation of the law in meaning, but not in letter; bypassing the law - disguising an illegal action as a legitimate one; circumvention of the law - the achievement by formally lawful actions of a result (goal) contrary to the law. E.D. Suvorov proposes the following definition: “A circumvention of the law is understood as the implementation of behavior that violates the interest provided by the circumvented law, intentionally without causing the action of this law.” In judicial practice, there is no clear distinction between circumvention of the law, pretense and sham, abuse of law. According to E. D. Suvorov, circumvention of the law is a form of abuse of the right. AI Muranov adheres to a different point of view.

Bypassing is a purposeful action and therefore cannot be without a motive. Usually it is formed under the influence of two motives: an economic (ordinary) motive and the motive not to cause the operation of the law, which ensures the interest violated when the economic goal is achieved. It is a mistake to equate circumvention of the law with an offense, because. he does not violate the rules of conduct formulated by the circumvented law. Depending on the structural part of the bypassed rule, the bypass of the law differs into a bypass based on a hypothesis and a bypass based on the disposition of the norm. It can involve either one party to the transaction, or both. A bypass can be executed either by one transaction or by a group of transactions. The opinion that a deal that circumvents the law is against the law is wrong. It has as its content the performance of behavior that violates the interest provided by law, intentionally without causing the operation of this law. Bypass is based on the fact that it uses atypical, non-statutory means to achieve its goals.

Thus, the institution of circumvention of the law is controversial. Practice will show the correctness or fallacy of introducing it into Russian legislation.

A. M. BASKAKOVA Ivanovo State University

LEGAL REGIME OF BUILDINGS IN THE RUSSIAN FEDERATION

The end of the twentieth century in Russia is marked by large-scale reforms and profound transformations, during which global values ​​are returning to socio-economic relations. One of them is the real estate category.

However, despite the active development of real estate legislation, certain problems arise: unjustified complications in real estate turnover due to excess publicity and formalization, inefficiency and unreasonableness of many constraints and restrictions, serious contradictions between legal acts, the presence of numerous gaps in them, difficulties arise with registration real estate objects.

The value of a building as an object of real estate is of particular importance in legal regulation. There is no definition of the concept of “building” in the legislation and regulatory and technical documentation, although it is this building that most often acts as the object of civil law transactions with real estate (contracts of sale, lease).

In connection with the problems that have developed in legislation and in practice, it is necessary to take a certain number of decisions aimed at resolving them:

Legislatively establish the definition of a building;

Create a unified legal framework that could regulate such rapidly changing relations in the field of real estate and not contain gaps.

Directly enshrine in the Civil Code of the Russian Federation the mandatory state registration of contracts concluded or extended for an indefinite period, in cases where the lease relationship under the contract actually lasts more than a year.

It is necessary to resolve the issue of necessary and sufficient conditions for registration, i.e. on the list of actions to be taken by the parties prior to state registration.

All this should help to solve the problems of regulating the legal regime of the building and simplify its application in civil legal relations.

I. Z. BRUSENINA Ivanovo State University

CONFLICTS OF LEGISLATION IN THE REGION

INHERITANCE

Of great importance in inheritance relations is the question of determining the circle of heirs and the order of their calling to inheritance in private international law, since without its definition, these legal relations do not acquire their subject.

Inheritance under the law is based on three principles: kinship, marriage and nationality of the testator. Accordingly, the categories of persons called for inheritance differ significantly from each other in different countries.

When determining the status of inheritance, reference can be made to the law of the country of the last place of residence of the testator, the country of the location of the inheritance property, the country of citizenship of the testator.

Binding to the law of the country where the property is located, as a rule, is done to determine the fate of real estate. To determine the circle of heirs and the order of their calling, the personal law of the testator is applied, which includes the law of the country of citizenship and the law of the country of the last place of residence.

Since the question of the essence of inheritance and the circle of heirs under the law is a fundamental problem, to regulate these relations it is necessary to apply the law that is competent to regulate this relationship. Russian inheritance law is competent if it is referred to by the conflict of laws rule of our domestic law, or by the rules contained in international agreements concluded by Russia.

V. V. GRAZHDAN Ivanovo State University

LEGAL REGIME

UNIFIED REAL ESTATE COMPLEX

In civil law, the concept of a real estate complex is closely related to the concept of a single real estate object. In the classical sense, a real estate complex can be defined as a land plot with buildings (structures) located on it, forming a single whole, involving the use of objects included in its composition for a general purpose. Meanwhile, based on the wording of the adopted law, it can be concluded that the legislator completely refused to introduce the concept of a single object, since the article does not contain a rule according to which a land plot and a single immovable complex on it are a single object, in contrast to indications, for example , Article 132 of the Civil Code of the Russian Federation, which expressly states that the enterprise as a property complex includes a land plot. It should be remembered that at one time the condominium was interesting example complex of real estate (Article 5 of the Federal Law of June 15, 1996 No. 72-FZ “On Associations of Homeowners”, which has become invalid).

Prior to the entry into force of Article 133.1 of the Civil Code of the Russian Federation, there were several ways for the court to resolve the issue of qualification of linear facilities and other technologically uniform facilities that were not related to traditional buildings, structures and structures. In a number of cases, industry legislation was applicable (Federal Law No. 126-FZ of July 7, 2003 “On Communications”), in other cases, courts qualified such objects as immovable things based on an analysis specifications these objects, relying on the normative legal acts regulating their functioning.

It should be noted that the issue of qualification of several buildings, structures and structures of the main or auxiliary purpose, technologically interconnected as a single object, is of great practical importance and is typical for disputes over the privatization of a land plot.

E. S. DANILOVA Ivanovo State University

THE PRINCIPLE OF INTEGRITY AMONG THE MAIN

THE BEGINNING OF CIVIL LEGISLATION

The concept of good faith is evaluative in nature and is based on the observance by the subject of civil circulation of the norms of law, morality, moral values. Good faith originates from the Roman "bona fides" - the absence of intent or gross negligence on the part of the authorized party. M. M. Agarkov rightly believed that the beginning of a good conscience, introduced into the proper framework, means honesty in relations between people; everyone must justify that trust, without which civil transactions are impossible.

The principle of conscientiousness is a principle of civil law, since it has their characteristic features: normative consolidation, generality and universality. Good faith can be defined as the desire of a participant in civil transactions to exclude as much as possible the possibility of violating the rights and interests of other persons by his behavior, to exercise his rights in strict accordance with their scope and purpose.

M. A. DVOEGLAZOVA Ivanovo State University

CONCEPT AND QUALIFYING SIGNS OF A CONTRACT

RENTING A SPECIALIZED RESIDENTIAL PREMISES

From the above definition, it is possible to single out the qualifying features of the contract for the employment of specialized residential premises. So, it should be noted that it is consensual, mutual (bilaterally binding), reimbursable, urgent.

A uniformly bilateral obligation arises from a contract for renting a specialized residential premises, since each of the parties is both a debtor and a creditor at the same time, and their obligations are of a counter, interdependent and interconnected nature. The reciprocity of the contract follows from the fact that with the tenant's right to use the residential premises corresponds the obligation of the landlord to provide the residential premises for use, and with the obligation of the tenant to pay for the residential premises - the right of the landlord to demand such payment. Consensuality is expressed in the indication in the legal definition that the provision of housing is included in the content of the contract (these are the words “undertakes to provide ...”).

The compensatory nature of the contract is evidenced by the fact that the living quarters are transferred for a fee (part 1 of article 100 of the LC RF). It should be noted that the benefit (profit or income) received from the lease of premises under a specialized lease agreement does not have to be expressed in money. Payment can be expressed in things, services, works, discounts on payment, refraining from actions. The contract is urgent, because in accordance with Part 1 of Art. 100 of the LC RF and paragraph 1 of standard contracts, residential premises are provided for temporary residence.

E. A. DUZHNIKOVA Ivanovo State University

SUBJECT OF THE AGREEMENT OF SOCIAL LEASE OF RESIDENTIAL PREMISES

The subject of the contract of social employment is its essential condition. LC RF establishes in Art. 62, that the subject of a social tenancy agreement should be a residential building (residential building, apartment, part of a residential building or apartment). The concept of residential premises must be distinguished from the concept of home ownership, if the former is an object of housing and civil rights, then the latter is a unit of technical inventory. Household - a residential building (part of a residential building) and adjoining and (or) standing separately on a common land plot with a residential building (part of a residential building) outbuildings (garage, bathhouse (sauna, swimming pool), greenhouse (winter garden), premises for keeping livestock and poultry, other objects), that is, home ownership is a specific complex, including a land plot with landscaping elements and other objects of movable and immovable property.

Among the requirements for residential premises provided under social rental agreements, in addition to size, include livability, compliance with sanitary and technical requirements. The concept of well-being includes the provision of the premises with the necessary amenities (kitchen, bathroom, water supply, electricity and gas supply). In the event that a dwelling is provided that does not meet the established requirements, the tenant and members of his family have the right to demand that the landlord offset the expenses incurred by them to eliminate the shortcomings against payments for the dwelling and utilities, with the exception of the costs of materials used for the current repair of the apartment.

Non-insulated residential premises, auxiliary premises, common property in an apartment building cannot be an independent subject of a social tenancy agreement.

Non-isolated residential premises should be understood as rooms of apartments and residential buildings connected by a common entrance, etc. and parts of the rooms. Auxiliary use premises are considered to be such as kitchens, corridors, bathrooms and other premises having an auxiliary purpose.

V. E. ZHERELOV Ivanovo State University

OVERVIEW OF CHANGES IN THE LEGISLATION LEGISLATION

The adoption of this act entailed a lot of conceptual changes in the legal regulation of collateral relations.

The norms on the status of the pledgor are detailed. A category of co-mortgages has been introduced. It is established that the subject of pledge may be property that the pledgor will acquire in the future. The provisions relating to the conditions and form of the pledge agreement have been amended.

Now, an obligation secured by a pledge can be described in a general way. The subject of pledge may be described by referring to the pledge of all the property of the pledgor or a certain part of his property, or to the pledge of property of a certain kind or type.

A pledge agreement may be concluded to secure the fulfillment of an obligation that will arise in the future. Provisions have been introduced regarding the registration of pledges of movable property. A norm regulating the seniority of pledges has been introduced. The sequence of satisfying the requirements of the pledgees has been established. The provisions on the use and disposal of pledged property, as well as on ensuring the safety of pledged property have been amended. The provisions concerning the sale of pledged property have been changed.

The possibility of transferring rights and obligations under a pledge agreement has been introduced, as well as the possibility of concluding a pledge management agreement.

Thus, we see that the federal law of December 13, 2013 No. 367 - FZ "On Amendments to Part One of the Civil Code of the Russian Federation and the Recognition of Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation as invalid" significantly changed the provisions on pledge . These changes will allow more efficient use of collateral in practice.

T. A. ZHIVOV Ivanovo State University

ON THE LEGAL NATURE OF THE RIGHT LIMITATIONS

PROPERTY

Restrictions on the right of ownership in the most general form can be divided into restrictions related to the right to own and use property, and restrictions related to the right to dispose of property. It should be clarified that we are talking about the first group of restrictions, which, in turn, is divided into two main groups in the legal literature. The first are restrictions established in the interests of neighbors, based precisely on the legal fact of the neighborhood, the second - restrictions established in the public interest (primarily construction, sanitary and fire safety rules).

Initially, restrictions on property rights were linked in science, primarily with the public interest. However, at the moment, science removes restrictions on property rights in the public interest from the sphere of civil law restrictions. However, it is also worth recognizing that there are some grounds for including these norms in civil law. I. B. Novitsky pointed out that, for example, the rules for observing construction gaps between buildings, protecting the public interest, inevitably protect, first of all, precisely the interests of neighbors, whom these violations would inevitably affect in the first place. First of all, judicial practice testifies to this. So, for example, the burden of proving violations of construction rules, in particular, is not the concern of local governments or state authorities at all, but of neighbors who, wanting to protect themselves from the possible adverse consequences of such violations, go to courts with negatory claims.

Thus, it must be recognized that the civilists' refusal to consider this group of restrictions, based most often only on tradition, can be criticized, and this issue, accordingly, needs additional elaboration.

N. A. ZORIN Ivanovo State University

EXTREME MINORITY AND OBVIOUS

INCOMPORABILITY AS CONDITIONS EXCLUDING

POSSIBILITY OF RECEIVING

ON THE POLECTED PROPERTY

The criteria of extreme insignificance and obvious disproportionateness are applied only in the case when the debtor's illegal actions took place, expressed in violation of the obligation secured by the pledge. Establishment by the court of the existence of these conditions entails a refusal to levy execution on the pledged property, while the adoption of a court decision without examining this issue in the event of an appeal may lead to the cancellation of such a decision.

The doctrine has not developed a unified approach to the essence of these conditions. Thus, some scientists propose to consider the provisions enshrined in the Civil Code of the Russian Federation as a special case of the manifestation of the principle of inadmissibility of abuse of civil rights, while others derive their meaning and purpose from the principle of reasonableness and proportionality. The question of the purpose of fixing the indicated conditions also causes discussion. In particular, some experts interpret these provisions as aimed at protecting the interests of the pledgor, acting as the weakest party in the contractual relationship. Others, however, see the significance of these criteria in that they make it possible to determine the degree of violation of the obligation secured by the pledge, which is necessary for the presentation of claims by the pledgee.

In our opinion, the presence in Russian legislation of conditions that exclude the possibility of foreclosure on pledged property helps to ensure a balance of interests of the parties and maintain parity between them.

M. A. IVANNIKOV Ivanovo State University

INFORMATION SERVICES: DEFINITION

AND CLASSIFICATION

At the same time, neither in the scientific literature, nor in regulatory legal acts, there is still no consensus on understanding the essence of information services and their delimitation from related categories.

It is advisable to consider the concept of information services as a generic one, uniting those services in which the object of influence is information. At the same time, the essence of information services can be characterized as an activity to change the state of information, which consists in collecting information, processing it (systematization, analysis, etc.), as well as transferring it to the customer.

From the foregoing, the conclusion suggests itself that information includes only information (messages, data).

Currently, there is no generally accepted classification of information services. Attempts to develop a classification of information services by scientists have been made repeatedly.

The authors, when classifying information services, introduce into the classification groups not only information services in their pure form, but also the provision of services in the information sphere - consulting services, information audit services, providing access to the global Internet - in fact, communication services, ensuring data transmission over networks, advertising development and placement services, information services as a result of marketing research.

M. A. KOTKOV Ivanovo State University

HOUSING CONSUMER COOPERATIVES

AS A LEGAL ENTITY: PROBLEMS OF THE LEGAL

REGULATION

A housing savings cooperative (hereinafter - HNK) is one of the most profitable ways to purchase housing. ZhNK is a consumer cooperative created as a voluntary association of citizens on the basis of membership in order to meet the needs of members of the cooperative in residential premises. Acquisition of housing by joining the ZhNK has its own characteristics, for example, the acquisition of property rights occurs only from the moment of full repayment of the value of the share.

The positive aspects of the activity of the ZhNK are:

1) the amount of additional expenses for the acquisition of housing is significantly lower than the acquisition of the same housing through mortgage lending; 2) imperative regulation of the activities of the ZhNK and securing guarantees for its activities (presence of special supervisory bodies); 3) personal participation of the shareholder in the activities of the ZhNK and the possibility of influencing decision-making.

The negative signs of the activity of the ZhNK are:

1) entrance membership fees and membership fees are non-refundable upon termination of membership in the cooperative, unless otherwise provided by the charter of the cooperative; 2) it is difficult for a shareholder to receive his share upon leaving the cooperative. The real value of the share is calculated only on the day of the end of the financial year. Moreover, the payment must be made within six months, unless the charter provides for a longer period; 3) additional costs require the registration of housing in the ownership of a cooperative (legal entity), which is much more expensive than for an individual.

On the whole, when evaluating the residential housing estate, it should be noted that this type of housing purchase is one of the most profitable and promising for the average Russian.

A. Kh. KROTOVA Ivanovo State University

CIVIL LIABILITY

FOR REPUTATIONAL DAMAGE: THE CONCEPT

GROUNDS AND CONDITIONS

There is no legal definition of reputational damage. In the doctrine of law, it is proposed to understand it as the onset of the negative consequences of diminishing the business reputation of a particular legal entity, which do not have an economic content and value form and are associated with the reflection in the minds of society of distorted information about the business (professional) qualities of this organization, for which such a reflection is negative and significant in terms of normal operation.

Legal entities may demand compensation for reputational damage (this thesis is confirmed by law enforcement practice). When making such a claim, the presence of general conditions of tort liability must be proved: an unlawful act, adverse consequences of this act, a causal relationship between the act and the consequences, as well as the fault of the distributor (in cases where otherwise is not provided by law).

Fundamental changes in the considered area of ​​legal regulation were introduced in 2013.

Paragraph 7 of Article 152 of the Civil Code of the Russian Federation (as amended on 07/23/13) established that the rules on protecting the business reputation of a citizen were accordingly applied to the protection of the business reputation of a legal entity.

This made it possible to raise the question of the possibility of compensation for moral damage to legal entities.

According to paragraph 11 of Art. 152 of the Civil Code of the Russian Federation as amended (dated November 14, 2013), the rules on the protection of the business reputation of a citizen, with the exception of the provisions on compensation for moral damage, are accordingly applied to the protection of the business reputation of a legal entity. Accordingly, this rule completely excluded the possibility of compensation for moral damage to legal entities and, apparently, we can only talk about the recovery of reputational damage.

Yu. P. KRUTOVA Ivanovo State University

TO THE QUESTION ABOUT THE SUBJECT OF THE COMMERCIAL CONTRACT

CONCESSIONS

The definition of the subject of this agreement is extremely important, since this condition is always essential, and failure to reach an agreement between the parties on the subject leads to the non-conclusion of the agreement. Despite the need to clearly enshrine this condition in the law, there is no direct indication in the Civil Code of the Russian Federation of what should be considered the subject of a commercial concession agreement; different points of view are also found in the doctrine of civil law. Such a variety of approaches is due, first of all, to the lack of a consensus in science on the issue of the concept of an object.

Most scientists define the subject of a commercial concession as a set of exclusive rights transferred by the right holder. Often, the subject of the contract also includes such intangible benefits as business reputation and commercial experience of the copyright holder. But another approach seems to be more reasonable, distinguishing between the subject and object of the contract: the subject includes the obligation of one party (right holder) to grant the other party (user) the right to use a set of exclusive rights, business reputation and commercial experience of the right holder, which should be considered the object of the contract.

Of particular importance is the definition of the list of rights granted under the contract, since uncertainty in this matter can lead to inconsistency in the terms of the subject. In 2008, in connection with the adoption of part 4 of the Civil Code of the Russian Federation, changes were made to the chapter on commercial concession, which contributed to solving problems that had previously arisen in practice. Currently, within the framework of this agreement, the rights to a trademark, service mark, commercial designation, know-how can be transferred. The list of objects is open. The parties may provide in the contract for the transfer of rights to other objects of intellectual property. In this case, the transfer of the right to a trademark or service mark is obligatory. The remaining elements are optional.

E. V. KUZMINOVA Ivanovo State University

PROPERTY RIGHTS TO RESIDENTIAL PREMISES

The right to housing is one of the important social rights.

Its significance is emphasized both in international legal acts and in the Constitution of the Russian Federation, which establishes the right of every person to housing, the prohibition of arbitrary deprivation of housing, its inviolability and the protection of private property in housing. The provisions of the Basic Law have been developed in civil and housing law.

Real rights are usually defined as rights that provide their owner with the opportunity to directly influence the thing.

The specificity of real rights to a dwelling is associated with a special object - a dwelling, the signs of which are: a real estate object; isolation; habitability; individually defined thing; possibility of measurement; special appointment; special legal regime.

In Russian legislation, the types of rights in rem to a dwelling have the following system: ownership of a dwelling and limited rights in rem (the rights of family members of the owner of the dwelling, legatees and rent recipients). The construction of a system of real rights to residential premises makes it possible to distinguish between the degree of dominance of a person over a residential premises and to determine its legal status in relation to this premises.

Ownership of a dwelling is the most complete and stable in content. The content of the ownership of residential premises includes three classical powers: possession, use and disposal. However, it is significantly narrower than general provisions: residential premises are intended for living, and the placement of industrial production in them is not allowed. In addition, the right to use the dwelling, along with the owner, belongs to the members of his family who live in the dwelling owned by the owner, including when the owner of the dwelling changes.

Based on the foregoing, I believe that the consolidation at the legislative level of various types of real rights to residential premises contributes to the implementation of the right to housing provided for by the Constitution of the Russian Federation. However, the construction formulated in the law needs to be modernized in order to ensure and guarantee the protection of this constitutional right to the greatest extent.

A. A. KUTMENEVA, U. A. VOROZHBIT Ivanovo State University

ORGANIZATION OF EXCHANGE TRADING IN THE RUSSIAN FEDERATION

The relevance of this topic is related to the globalization of the organized market, the idea of ​​forming an international financial market in Russia, the interest of participants in exchange trading to increase their savings, the lack of generally accepted terminology, a holistic and unified legislation on the organization of trade.

Exchange trading is an organized process of concluding transactions with the help of an exchange that establishes trading rules using certain organizational and financial conditions.

The following types of exchange trading (markets) are distinguished in the literature:

currency (Forex), equity (stock), commodity (raw), option. According to the order of operations, classical and electronic exchange trading are also distinguished.

According to the current legislation, only the exchange acts as an organizer of trade in the currency and commodity markets as one of the types of organized market. The peculiarity of the stock market lies in the fact that, in addition to stock exchanges, there are other trade organizers on it (acting on the basis of a license to carry out activities for organizing trading in the securities market), which differ from stock exchanges the scope of their activities. Now, option exchange trading is becoming very popular among professional players and private investors, i.e. option trading.

In Russia, the formation of the exchange market continues at the present time.

Modern exchange trading is characterized by a change in the roles of bidders, a sharp acceleration in the process of concluding a transaction, a free change in the price of an exchange commodity (future) under the influence of supply and demand, the availability of all comers, a "lightning" reaction to changes in external factors. The main principles of the organization: openness of trading sessions, a competitive way of concluding transactions, publicity, democracy, organization and controllability of the procedure, the implementation of pricing freedom.

A. V. MALEEV Ivanovo State University

DEFINITION OF RESIDENTIAL PREMISES IN THEORY

AND LEGISLATION

In Russian housing legislation, when defining objects of housing rights, a narrower concept is used than housing. Article 15 of the Housing Code of the Russian Federation recognizes only residential premises as the only object of housing rights. According to paragraph 2 of this article, an isolated premise, which is real estate and suitable for permanent residence of citizens (meets the established sanitary and technical rules and norms and other requirements of the law), is recognized as residential premises.

From the logical interpretation it follows that the term "dwelling" must be interpreted already the concept of "dwelling" proposed by the criminal procedure legislation. This seems appropriate, since housing can be called not only specific types of residential premises, but also other structures traditionally used for living, as well as places of stay that are not the place of residence of a citizen, in which he temporarily resides.

However, there is another point of view, according to which “the concept of “dwelling” is actually identified with the concept of residential premises”, moreover, a residential premises is recognized as a premises specially designed for permanent residence of people, and the term “residential premises”, in fact, personifies the national (basic) housing standard set by the state.

In our opinion, the most acceptable is the point of view, according to which the term "dwelling" in its content is broader than the concept of "dwelling".

The presence of a legal definition of residential premises is an achievement of the current legislation, since it allows to streamline the law enforcement activities of the judicial system.

D. M. MARTYNOV Ivanovo State University

PROBLEMS OF LEGAL REGULATION

ELECTRONIC MONEY IN RUSSIA

The emergence of electronic money was a logical outcome of the historical development of money circulation, which is gradually moving towards replacing cash with non-cash and electronic money, which have a slightly different economic nature.

Prior to the adoption of the Federal Law "On the National Payment System", there was no normative definition of electronic money and their legislative regulation, which caused discussions on the issue of determining their legal nature and inalienable properties. Both in the legal and economic literature, many different, often diametrical, points of view were cited.

The adopted Law on the National Payment System has facilitated the task of considering electronic money in the classification of objects of civil rights, a common opinion among scientists is that electronic money is by no means presented as things.

At the same time, the fact that electronic money is not accounted for in bank accounts, but through the formation of special records of their balances, does not finally determine the legal nature of electronic money and is not a decisive factor that distinguishes them from other forms of money, in particular non-cash ones.

Until recently, their appeal was not regulated normatively, but now this gap in the legislation has been eliminated. But the issue of determining the place of electronic money in the classification of objects of civil rights remains.

D. N. MATVEEV Ivanovo State University

RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THE CONTRACT

PURCHASE AND SALE OF OBJECTS UNCOMPLETE

CONSTRUCTION: ACTUAL PROBLEMS OF THE THEORY

AND PRACTICES

One of the main obligations of the seller under the contract is the transfer of an object of unfinished construction of proper quality. Due to the absence of direct legislative requirements for the quality of this object, by analogy with buildings and structures, we can talk about some mechanical safety requirements that any unfinished property must meet.

The specificity of the contract for the sale of a future thing excludes the possibility for the buyer to use proprietary legal methods to protect his rights in the event that the seller fails to fulfill the obligation to transfer the future thing. Claims for the recognition of ownership of real estate and its withdrawal from the defendant must be qualified as a claim for compulsion to fulfill the obligation to transfer an individually defined thing.

No less important is the problem of termination of the contract in connection with its significant violation and a significant change in circumstances. It seems that the elimination of this problem is possible by introducing criteria for establishing "materiality" in par. 4 p. 2 art. 450 and Art. 451 of the Civil Code of the Russian Federation, as well as the development of new recommendations by higher courts to lower ones.

The issue related to the ratio of invalidity and non-conclusion of the contract for the sale of an object of construction in progress, the consequences and criteria for distinguishing between these institutions remains relevant. If the agreement simultaneously contains signs of an unconcluded and invalid agreement, the court must consider the case within the framework of one of these requirements stated by the plaintiff.

K. V. MIRZOYAN Ivanovo State University

NON-RESIDENTIAL PREMISES AS AN OBJECT OF CIVIL RIGHTS

The question of the independent nature of non-residential premises as an object of civil rights remains relevant today. There are two opposing views on the problem of defining non-residential premises as an independent object of civil rights.

Proponents of the first point of view reject the possibility of recognizing non-residential premises as an independent object of civil rights. The argumentation of this point of view is based on the following. Art. 130 of the Civil Code of the Russian Federation does not name premises among real estate objects, however, of course, they have the most important feature of real estate - a strong connection with the land (although such a connection is not carried out directly, but indirectly - through buildings and structures). Secondly, the room cannot exist outside the building.

Decree of the Government of the Russian Federation of February 18, 1998 No. 219 approved the "Rules for maintaining a unified state register of rights to real estate and transactions with it", which establish that residential and non-residential premises (along with others) are components of buildings and structures (subsection 1 - 3 ). That is, non-residential premises are understood as such premises that are parts of a larger whole - buildings (structures), both residential and non-residential.

The second view of the problem, on the contrary, recognizes non-residential premises as objects of civil rights and points to the active use of these objects in civil circulation. The authors of the concept of the development of civil legislation on real estate also give an argument in defense of this argument, saying that non-residential premises cannot be considered as part of a building, since the buildings themselves are indivisible things and, accordingly, parts of the building cannot be the subject of transactions.

Despite different points of view, each of the above concepts shows the relevance of separating non-residential premises into an independent object of civil rights.

In general, it can be noted that judicial and arbitration practice has actually equated buildings and structures and non-residential premises in terms of the legal regime.

K. M. MOROZOVA Ivanovo State University

PLACE OF DECISIONS OF MEETINGS IN THE SYSTEM OF LEGAL FACTS

Civil legal relations arise, change and terminate on the basis of life circumstances, which are called legal facts in the theory of law. Legal facts are diverse and classified on various grounds. The new edition of the Civil Code of the Russian Federation introduces a chapter devoted to specific legal facts - decisions of meetings. This chapter applies to the decisions of meetings from 1 September 2013. In connection with these innovations, the question arises of the place of decisions of meetings in the system of legal facts. On the basis of dependence on the will of the subjects, they are divided into actions and events. Undoubtedly, according to the criterion indicated above, the decisions of meetings should be attributed to legal facts-actions, more specifically, to lawful actions. Further, legal acts and legal acts are distinguished among lawful actions. Being by their legal nature legal acts, the decisions of the meetings can hardly be classified as transactions, since Art. 8 CC separates them as different types legal facts, and in subsection 4 of the Civil Code of the Russian Federation they are regulated in different chapters.

In this regard, some researchers single out a specific group within the framework of legal acts and, on this basis, attribute the decisions of meetings to legal facts of a special kind - corporate acts. In order to correctly determine the place of decisions of meetings in the system of legal facts, one should study the legal nature of decisions of meetings, as well as their content, on the basis of which decisions of meetings can be classified into establishing and conferring rights. From the point of view of the nature of the expression of will lying in them and the consequences that they entail, the decisions of the meetings should be attributed to private legal acts. Quite often, the decisions of meetings act as an integral element of transactions of a legal entity, acquiring the value of an integral part of the implementation of the legal personality of a legal entity. In other cases, the decision as a will acts as an element of the activity for the implementation of subjective civil law. Thus, by the Draft Amendments to the Civil Code, the legislator expanded the list of legal facts, referring to them the decisions of the meetings.

A. A. MUZHZHUKHINA Ivanovo State University

VIENNA CONVENTION ON TREATIES OF THE INTERNATIONAL

PURCHASE AND SALE OF GOODS AND ITS APPLICATION

IN THE PRACTICE OF INTERNATIONAL COMMERCIAL

OF THE ARBITRATION COURT AT THE CCI OF THE RUSSIAN FEDERATION

The success of the Vienna Convention has undoubtedly been influenced by circumstances such as its scope, compatibility with national law, stability, flexibility, autonomy, as well as its language.

The Vienna Convention plays a significant role in international trade, but is not a comprehensive document. It regulates only the conclusion of a contract of sale and establishes the rights and obligations of the seller and the buyer arising from such an agreement.

Accordingly, it does not apply to a wide range of relations: the validity of the contract, the application of the limitation period, the resolution of disputes, including arbitration, the application of the contractual clause on the penalty and its relationship with the claim for the recovery of damages, etc.

In addition, for the Convention to apply, goods must be the subject of international sale. But it does not contain a definition of the term "goods", and is only limited to listing objects, the sale and purchase of which does not apply. The concept and composition of goods are specified in case law.

Art. 79 of the Vienna Convention is devoted to the issue of exemption from liability of a party that has not fulfilled an obligation under a contract. International Commercial Practice arbitration court at the Chamber of Commerce and Industry of the Russian Federation shows that in the overwhelming majority of cases, the existence of “obstacles beyond control”, which should serve as the basis for exemption from liability, was not recognized by the court.

In 27 out of 32 cases, the seller's claim for indemnity was denied; in 14 out of 18 cases, buyers were denied this right.

In general, the reasons for the refusal of the court can be reduced to the following:

deteriorating market conditions, bank failure, emergency shutdown of production at the manufacturing plant, adverse weather conditions at the time of the conclusion of the contract, lack of necessary funds, etc.

A. A. ODINTSOVA Ivanovo State University

PROTECTION OF INTELLECTUAL PROPERTY IN PRIVATE INTERNATIONAL LAW

Modern realities associated with the expansion of access to objects of intellectual property rights through the Internet dictate the need for their increased protection. At this stage, in relation to the commercial activities of entities in the network, the issues of illegal use of domain names in electronic markets deserve special attention.

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Dear colleagues!

The Regional Scientific and Educational Center for Nanomaterials "Liquid Crystals", the Problem Laboratory of Liquid Crystals of IvSU invite you to take part in the II Scientific Conference of Young Scientists on the problem of developing mechanisms for integrating the educational and scientific process in the field of nanomaterials "Liquid Crystals and Nanomaterials".

Ministry of Education and Science

Russian Federation

State educational institution "Ivanovo State University"

Regional Scientific and Educational Center

on nanomaterials "Liquid crystals"

Problem laboratory of liquid crystals

YOUNG SCIENCE IN THE CLASSICAL UNIVERSITY OF IvSU–2007

VI Festival of Students, Postgraduates and Young Scientists of Ivanovo State University

II Scientific Conference of Young Scientists of the Regional Scientific and Educational Center for Nanomaterials

"Liquid Crystals"

«Liquid crystals and nanomaterials»

Ivanovo, 2007

Students, graduate students, young scientists under 35 who are interested in this topic are invited to participate in the conference.

Conference Organizing Committee

- scientific director of the Center, chairman

- Center coordinator

- Head of NRU IvGU

- Deputy Head of the Center for Educational Work

- secretary

- n. With. PLC

Program Committee

(IHRRAN), (IvGU), (IvGTA), (IvGU), (IvSU), (IGKhTU).

ABSTRACT REQUIREMENTS

Abstracts of the report in the amount of not more than 1 page are submitted to the organizing committee in electronic form in MS Word 6.0/95/97 format as a text file with the rtf extension on a 3.5-inch floppy disk and printouts in 2 copies. The first copy of the abstract must be signed by the authors on reverse side sheet.

The Organizing Committee does not intend to edit the submitted materials. Abstracts of the report are published in the author's version.

The electronic version of the abstract text should have the following parameters:

Page: paper size - A5 (148.0 x 210.0 mm); margins: top, bottom - 25 mm, left, right - 20 mm, page orientation - portrait.

Text options: font - Times New Roman; font size - 10 pt; line spacing - 1; hyphenation - automatic; text alignment - in width, volume - no more than 1 page (the list of references is not given), do not use tabs, automatic lists.

REQUEST!!! Be sure to check the files for viruses.

1. Materials are submitted in electronic form on a standard format floppy disk with 1 printed copy on A4 white paper. The maximum size of an article is 7 typewritten pages with 1 computer typing interval, made in Microsoft Word 7.0, in Times New Roman or Times New Roman Cyr size 12).

2. Page settings: top margins - 3 cm, left - 3 cm, right - 2 cm, bottom - 3 cm.

The material for the journal should be formatted in the following sequence:

UDC (in the upper left corner) through the line, on the left - the initials, the author's surname, then through the line, in the center, in bold, in capital letters - the title of the article in Russian and English, through the line, in the center - the full name of the department and the address of the institution . Next, a short abstract is given in a line (in Russian and English, 10-15 lines), after it - the main text of the article (printed with the fields aligned to the width of the sheet). Photos attached to the article must be black and white, contrast, drawings must be clear. All illustrations and tables are arranged in the text. Duplicate drawings and photographs as a separate file. (Detailed information for authors - see the journal "Liquid crystals and their practical use". 2006, issue 3).

3. The editors reserve the right to carry out literary editing, correction and shortening of the texts of articles.

4. Payment is made to the IvGU bank account:

GR CC of the Main Directorate of the Bank of Russia for the Ivanovo Region, Ivanovo;

In the purpose of payment, indicate - item 6. Permit 073 206 8212.

Income code 073 3 03 02010 01 0000 180.

Transfer receipts are attached to the submitted manuscript. Editorial board

The ceremonial plenary session, dedicated to summing up the results of the X Regional Festival "Young Science for the Development of the Ivanovo Region", was held at our university on April 24.

It has become a tradition in April to hold a festival of students and young scientists at the sites of Ivanovo universities and two scientific organizations - the Research Institute of Motherhood and Childhood. V.N. Gorodkov and the Institute of Chemistry of Solutions of the Russian Academy of Sciences. G.A. Krestova.

The meeting was opened by the Deputy Head of the Department of Education of the Ivanovo Region V.F. Lazarev, who addressed the audience with a welcoming speech.

N.N. Smirnov. Scientific conferences (including interregional, all-Russian, international), olympiads and presentations, round tables and seminars, master classes and trainings were held in the spring in universities and research institutes of the Ivanovo region. More than 8 thousand festival participants from 30 regions of our country and more than 20 foreign countries presented the results of fundamental and applied research aimed at solving urgent problems of modern science and economics.

The awards ceremony took place at the meeting.

Five young Ivanovo scientists were awarded grants from the President of the Russian Federation to continue innovative developments in the priority areas of Russian science. Certificates and valuable gifts were presented to them by the federal inspector for the Ivanovo region M.A. Kirillov.

Also, the winners were awarded by V.F. Lazarev and Rector of Energy University S.V. Tararykin. Among the awardees are representatives of our university. Diplomas and memorable gifts were received by Associate Professor of the Department of AUPET, Ph.D. tech. Sciences Elena Shagurina (nomination "Young scientists"); postgraduate student of the Department of Nuclear Power Plants Maria Volman (nomination “Postgraduate students”); Ivan Balagurov, master student at EMF (nomination "Students").

The festival "Young Science for the Development of the Ivanovo Region" has become a presentation platform for new scientific research and developments, traditionally demonstrating the continuity of scientific schools and generations.

Lyubov Popova

Photos by S.V. Sovereign

List of awardees:

Nomination "Young Scientist"

• Pavlova Marina Nikolaevna, Senior Lecturer, Ivanovo State University, Candidate of Philological Sciences
• Kornev Alexander Vladimirovich, Associate Professor, Doctoral Candidate of the Department of Theory and Methods of Physical Culture and Sports, Shuya Branch of the Ivanovo State University, Candidate of Pedagogical Sciences
• Maltseva Olga Valentinovna, Researcher, Institute of Chemistry of Solutions named after G.A. Krestova of the Russian Academy of Sciences, Candidate of Chemical Sciences
• Klycheva Maya Mikhailovna, Junior Researcher, Ivanovo Research Institute of Motherhood and Childhood named after V.N. Gorodkova
• Zhabanov Yury Alexandrovich, employee of the laboratory of gas electron diffraction of the Ivanovo State University of Chemistry and Technology, Candidate of Chemical Sciences
• Gorelova Anna Evgenievna, Associate Professor of the Department of Sewing Products Technology, Ivanovo State Polytechnic University, Candidate of Technical Sciences
• Dyumin Maxim Sergeevich, Senior Lecturer, Department of Morphology, Physiology and Veterinary and Sanitary Expertise, Ivanovo State Agricultural Academy named after Academician D.K. Belyaeva, candidate of biological sciences
• Puchkov Pavel Vladimirovich, Senior Lecturer, Department of Mechanics and Engineering Graphics, Ivanovo Institute of the State Fire Service of the Ministry of Emergency Situations of Russia, Candidate of Technical Sciences
• Poznansky Sergey Vladimirovich, Assistant of the Department of Faculty Surgery and Urology, Ivanovo State Medical Academy
• Shagurina Elena Sergeevna, Associate Professor of the Department of Automatic Control of Electric Power Systems, Ivanovo State Power Engineering University. IN AND. Lenina, candidate of technical sciences
• Sokolov Nikolai Nikolaevich, Associate Professor of the Department accounting, analysis and audit of the Ivanovo branch of the Russian University of Economics them. G.V. Plekhanov, candidate of technical sciences

Nomination "Postgraduate student"

• Zheleznov Anton Gennadievich, Ivanovo State University
• Belov Stanislav Vladimirovich, Shuisky Branch of Ivanovo State University
• Voronin Alexander Pavlovich, Institute of Chemistry of Solutions. G.A. Krestov Russian Academy of Sciences
• Batrak Natalia Vladimirovna, Ivanovo Research Institute of Motherhood and Childhood named after V.N. Gorodkova
• Georgy Gamov, Ivanovo State University of Chemical Technology
• Grechin Vladislav Alekseevich, Ivanovo State Polytechnic University
• Aganicheva Anna Alexandrovna, Ivanovo State Agricultural Academy named after Academician D.K. Belyaeva
• Kostyaev Alexander Alekseevich, Ivanovo Institute of the State Fire Service of the Ministry of Emergency Situations of Russia
• Sophianidi Alina Igorevna, Ivanovo State Medical Academy
• Volman Maria Andreevna, Ivanovo State Power Engineering University. IN AND. Lenin
• Smirnova Marina Mikhailovna, Ivanovo branch of the Russian University of Economics. G.V. Plekhanov

Nomination "Student"

• Kurganov Anton Aleksandrovich, Ivanovo State University
• Kolikova Svetlana Alexandrovna, Shuya Branch of Ivanovo State University
• Damrina Ksenia Vitalievna, Ivanovo State University of Chemical Technology
• Vasketsova Oksana Nikolaevna, Ivanovo State Polytechnic University
• Kulikova Olga Evgenievna, Ivanovo State Agricultural Academy named after Academician D.K. Belyaeva
• Kharlamov Roman Igorevich, Ivanovo Institute of the State Fire Service of the Ministry of Emergency Situations of Russia
• Samokhin Nikita Valerievich, Ivanovo State Medical Academy
• Balagurov Ivan Alexandrovich, Ivanovo State Power Engineering University named after I.I. IN AND. Lenin
• Lapshina Ekaterina Olegovna, Ivanovo branch of the Russian University of Economics. G.V. Plekhanov
• Elemba Ndzota Ivon, Ivanovo State University
• Le Thi Duc Hai, Ivanovo State University

1. Grazhdan Konstantin Vladimirovich, Ivanovo State University of Chemical Technology, Senior Lecturer, Candidate of Chemical Sciences
2. Malyasova Alena Sergeevna, Ivanovo State University of Chemical Technology, Senior Researcher, Candidate of Chemical Sciences
3. Rumyantsev Evgeny Vladimirovich, Ivanovo State University of Chemistry and Technology, Dean of the Faculty of Fundamental and Applied Chemistry, Candidate of Chemical Sciences
4. Surov Artem Olegovich, Institute of Chemistry of Solutions. G.A. Krestova of the Russian Academy of Sciences, Researcher, Candidate of Chemical Sciences
5. Chervonova Uliana Vadimovna, Institute of Chemistry of Solutions. G.A. Krestova of the Russian Academy of Sciences, Junior Researcher, Candidate of Chemical Sciences