Citations count: 34
Reference:
Bakradze A.A., Aminov D.I. —
Plenum of the Supreme Court of July 9, 2013 № 24 "On the court practice in cases of bribery, commercial bribery and othe corruption crimes": issues of qualification
// Legal Studies.
– 2015. – № 4.
– P. 32 - 50.
DOI: 10.7256/2409-7136.2015.4.14587 URL: https://en.nbpublish.com/library_read_article.php?id=14587
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Abstract:
The authors comment on the decision of the Supreme Court oo July 9, 2013 № 24 "On the court practice in cases of bribery, commercial bribery and other corruption crimes". The article presents the criticisms aimed at optimization of law enforcement activities, considers complicated and ambiguous issues of qualification, analyzes the conditions of criminal responsibility for the provocation of bribery or commercial bribery, offers the decisions with regard for the changes containing in the Federal Law of 02.11.2013 No 302 "On amending separate legislatives of the Russian Federation". The methodology of the resarch is based on the general and specific methods of cognition: methods of empirical research (observation, comparison, collection and study of information), analysis and synthesis of theoretical and practical materials. The authors analyze normative-legal acts, teaching aids, special literature including statistical data and law-enforcement practice. The authors present criticisms and suggestions aimed at optimization of law enforcement activities, reveal and describe the mechanisms of some corruprion crimes, outline the peculiarities of qualification and the problems of their destinguishing from other corpora delicti.
Citations count: 13
Reference:
Kabanov P.A. —
The Role of the Chief Federal Inspector in the Region of the Russian Federation of the Presidential Plenipotentiary Envoy Apparat in the Work of Anti-Corruption Commission in the Region of the Russian Federation
// Legal Studies.
– 2016. – № 3.
– P. 35 - 48.
DOI: 10.7256/2409-7136.2016.3.18440 URL: https://en.nbpublish.com/library_read_article.php?id=18440
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Abstract:
The research subject is the legal status and the activities of the Chief Federal Inspector in the Region of the Russian Federation of the Presidential Plenipotentiary Envoy Apparat in the work of Anti-Corruption Commission of the Russian Federation. The research object is the set of statutory instruments regulating the Chief Inspector’s activities. The research methodology is based on the dialectical materialism and the related general scientific methods of cognition: analysis, synthesis, comparison, and other methods. The scientific novelty of the study is explained by the fact that it is the first study in Russian legal science describing the main responsibilities of the Chief Federal Inspector in the Region of the Russian Federation of the Presidential Plenipotentiary Envoy Apparat in the work of Anti-Corruption Commission of the Russian Federation.
Citations count: 8
Reference:
Shamsutdinov M.M. —
Suspension of the Highest Official of a Russian Federation Constituent (Head of a Supreme Government Authority of a Russian Federation Constituent)
// Legal Studies.
– 2018. – № 6.
– P. 1 - 7.
DOI: 10.25136/2409-7136.2018.6.26480 URL: https://en.nbpublish.com/library_read_article.php?id=26480
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Abstract:
The article is devoted to particular features of the legal regulation and practical implementation of such a specific measure of criminal procedure compulsion as suspension of the highest official of a Russian Federation constituent. The object of this research is the criminal procedure relations that relate to implementation of a special measure of procedure compulsion, i.e. suspension of the highest official. The subject of the research is the criminal procedure laws that regulate the decision making process regarding suspension of the highest official of a Russian Federation constituent (head of a supreme government authority of a Russian Federation constituent), constitutional regulations that set forth the procedure of suspension of the highest authority of a Russian Federation constituent (head of a supreme government authority of a Russian Federation constituent) as a result of the loss of trust in him or her as well as individual researches on the matter. In the course of the research the author has used general and special research methods including dialectical method, analysis, synthesis, structured system approach, formal law method and modelling method. The novelty of the research is caused by the fact that the author analyzes a topical issue of applying suspension as a measure of compulsion in relation to the highest official of a Russian Federation constituent (head of a supreme government authority of a Russian Federation constituent). As a result of the research, the author describes certain drawbacks in the legal regulation of the aforesaid measure of criminal procedure compulsion as well as offers alternative solutions.
Citations count: 8
Reference:
Gashin A.A. —
Execution of Decisions Issued by the European Court of Human Rights in Russia: Review of the Experience of the Constitutional Court of the Russian Federation
// Legal Studies.
– 2019. – № 12.
– P. 26 - 34.
DOI: 10.25136/2409-7136.2019.12.30208 URL: https://en.nbpublish.com/library_read_article.php?id=30208
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Abstract:
In his article Gashin analyzes the current situation regarding execution of acts of the European Court of Human Rights in Russia from the point of view of decisions issued by the Constitutional Court of the Russian Federation during the period since 2013 till 2017. Being the matter of research, current law enforcement practice of the Constitutional Court of the Russian Federation proves that Russia is not going to implicitly execute all decisions of international law-enfrocement authorities including the European Court of Human Rights. In the course of his research Gashin has used formal logical, historical legal, comparative legal and other research methods common for legal science. The review of the experience of the Constitutional Court of the Russian Federation as well as opinions of scientists and lawyers demonstrates that the supreme authority of constitutional control of the Russian Federation did not only exceed authority but in fact deprived Russian citizens to apply to the European Court of Human Rights as the final law-enforcement authority. The researchers conclude that at the present time the relationship between the Russian Federation and the European Court of Human Rights is in tenterhook, therefore it is necessary to create a new mechanism of execution of decisions issued by the European law enforcement authority here in Russia.
Citations count: 7
Reference:
Morkhat P.M. —
Concerning the Question about the Legal Personality of Electronic Person
// Legal Studies.
– 2018. – № 4.
– P. 1 - 8.
DOI: 10.25136/2409-7136.2018.4.25647 URL: https://en.nbpublish.com/library_read_article.php?id=25647
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Abstract:
The subject of the research is the analysis of the legal personality of a new entity, electronic person. Morkhat provides current definitions of electronic person including those offered by the foreign scientists. The author of the article underlines the importance of developing the Russian law that would regulate the electronic person (artificial intellect) issue. The author analyzes the legal consolidation of The Commission of the European Parliament for Civil Regulation in the Field of Robotechnics. Indeed, we should not forget about the risks when we encourage the development of the human civilization through the means of technical regulation and try to create robots with artificial intellect that would serve the humanity. In this research Morkhat has used the method of materialist dialectic, structured system analysis, functional analysis, comparison, formal logic, comparative law, technical law and logical method. According to theauthor, growing independence of robots with artificial intellect would require to review a whole range of reference legal structures and even reference branches or institutions of law (legal responsibility regime, taxation regime, regulation of accountability and reporting, regulation of intellecltual property rights, e-commerce regime or so called trade bots, electronic person protection regime, etc.).
Citations count: 7
Reference:
kozhevnikov o.a. —
Disputable issues of formation of judicial practice in the field of protection of competition by the Supreme Court of the Russian Federation
// Legal Studies.
– 2016. – № 5.
– P. 1 - 8.
DOI: 10.7256/2409-7136.2016.5.18940 URL: https://en.nbpublish.com/library_read_article.php?id=18940
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Abstract:
The research subject is the analysis of legislation interpretation by the Supreme Court of the Russian Federation for the purpose of ensuring the legality regime in the Russian Federation by means of maintaining the unanimity of interpretation and application of legal provisions by courts. The author analyzes the judicial practice of the Supreme Court and the Constitutional Court of the Russian Federation. The article studies the issues of correspondence of judicial practices of the Supreme and the Constitutional Courts using the example of protection of competition and antimonopoly legislation. The author applies general and special scientific research methods, including the historical-legal, the system, the comparative-legal, the statistical, the formal-logical and other methods. The author reveals disputable issues of the interpretation of judicial practice in protection of competition by the Supreme Court. The author supposes that the development and introduction of interpretations of the Supreme Court in the judicial practice should be more accurate, in order to avoid the formation of a contradictory practice by the subordinate courts ignoring legal positions of the Constitutional Court of the Russian Federation.
Citations count: 5
Reference:
Turkulets V.A. —
Sexting with regards to minors: criminal legal and victimological aspect
// Legal Studies.
– 2020. – № 5.
– P. 1 - 11.
DOI: 10.25136/2409-7136.2020.5.33125 URL: https://en.nbpublish.com/library_read_article.php?id=33125
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Abstract:
The questions of prevention cybercrimes with regards to minors gain special relevance in the conditions of pandemic, global self-isolation and transition to distance learning. Constant forced usage of Internet resources increases the risk for identification of the potentially dangerous online contacts, as well as likelihood of obtaining access to prohibited or undesired content. The object of this research is the relation of protection of minors from criminal offences of licentious nature committed using the modern communication technologies and networks. The subject of this research is the criminal legislation of the Russian Federation in the area of protection of minors from sexual misconducts committed via information and telecommunication networks. The research methods contain the analysis of current criminal legislation and law enforcement practice of the Russian Federation, review and generalization of theoretical sources on the topic. The scientific novelty consist in examination of peculiarities of qualification of offences pertaining to sexual abuse of minors, committed using the information telecommunication networks. The conclusion is made that due to proliferation of sexting in the information telecommunication networks with regards to children below 12 years of age, it is necessary to exclude from the Article 135 of the Criminal Code of the Russian Federation the minimal age of the victims of sexual abuse, establish an age bracket of those “who have not attained the age of fourteen” in the Part 2 of the Article 135, as well as classify usage of information and telecommunication networks as the means of committing offence.
Citations count: 5
Reference:
Dolgikh I.P. —
Should administrative responsibility condonation exist in the Russian Federation?
// Legal Studies.
– 2015. – № 1.
– P. 1 - 15.
DOI: 10.7256/2409-7136.2015.1.13775 URL: https://en.nbpublish.com/library_read_article.php?id=13775
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Abstract:
The research is devoted to legislatively adjusted and factual (non-adjusted) social relations, which appear during the process of the Code of Administrative Offences of the Russian Federation application, and provide for the grounds and the order of administrative responsibility condonation, and the principles of the institution of condonation emergence and development. The subject of the research is the institution of administrative responsibility condonation in various aspects: historical, theoretical, legislative and law-enforcement, as a detached complex of regulations of administrative-tortious legislation, which regulates the homogenous type of social relations. The research also concentrates on judicial practice reproduced in the materials of administrative delinquencies cases, theoretical ideas and scientific studies of the above-mentioned problems.
The methodology of the research is based on the dialectical method of reality cognition and the complex of general scientific methods (logical, historical methods, method of process from the abstract to the concrete) and special scientific methods of cognition (comparative jurisprudence, statistical, system-structural analysis, statutory interpretation and others).
The originality of the research is based on the fact that this article is one of the first complex interdisciplinary studies of urgent theoretical, legislative and law-enforcement problems of the institution of administrative responsibility condonation, which had been carried out on the base of existing legislation in the sphere of administrative delinquencies. The article contains a wide range of new theoretical and practical scientific provisions, conclusions and suggestions, which are very important for the theory of administrative-tortious law.
Citations count: 4
Reference:
Nagornaya I. —
Litigation and alternative dispute resolution procedures in foreign countries. Book review: Litigation and dispute resolution / Ed. by M. Madden. – L.: Global legal group, 2013. – 2nd ed. – 288 p.
// Legal Studies.
– 2015. – № 3.
– P. 136 - 145.
DOI: 10.7256/2409-7136.2015.3.14483 URL: https://en.nbpublish.com/library_read_article.php?id=14483
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Abstract:
The subject of consideration is the monograph written by an international team of authors and dedicated to the judiciary of different countries and alternative dispute resolution procedures. Particular attention is paid to the mediation procedure. The regulatory framework and various projects are analyzed, in particular the projects related to the implementation of international obligations, including Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes. The summary procedure and writ proceedings are considered. The most interesting issues are the improvement of dispute resolution and confidentiality of the mediation procedure. Each country is described in a separate chapter of the book, which has a clear structure and considers information disclosure, legal fees, etc. The alternative dispute resolution procedures are supplement to the judicial process and help to reduce the costs of the parties and the period of resolving the cases. That's why the appropriate projects gain the state support.
Citations count: 4
Reference:
Bakradze A.A. —
Criminal law analysis of the Draft Resolution of the Plenum of the Supreme Court of the Russian Federation "On Judicial Practice on Cases of Bribery, Commercial Bribery and other Corruption Offences"
// Legal Studies.
– 2013. – № 5.
– P. 165 - 180.
DOI: 10.7256/2305-9699.2013.5.793 URL: https://en.nbpublish.com/library_read_article.php?id=793
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Abstract:
The author of the article holds Criminal law analysis of the Draft Resolution of the Plenum of the Supreme Court of the Russian Federation "On Judicial Practice on Cases of Bribery, Commercial Bribery and other Corruption Offences", and based upon the results of his study he provides some critical comments. In particular, criminal responsibility for bribery cannot take place no matter whether acts (failure to act) were premediated by bribe or agreement with an official on provision of bribe for an act. The author offers to qualify receipt of part of valuables or starting to perform proprietary services as an attempted bribery (commercial bribery) in the amount provided by the intent of a perpetrator. Receipt of money, stock shares and other property by an official or a manager of a commercial or other organization for taking acts (failure to act) in the sphere of its competence, or which he could have taken using his official position may not be regarded as bribe (commercial bribe) no matter whether he was intending to take these acts (fail to act). The article provides some further critical notes, which are aimed at optimizing the law-enforcement activity.
Citations count: 4
Reference:
Trofimov E.V. —
State awards of Russian regions
// Legal Studies.
– 2013. – № 1.
– P. 1 - 147.
DOI: 10.7256/2305-9699.2013.1.430 URL: https://en.nbpublish.com/library_read_article.php?id=430
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Abstract:
The article deals with the institution of the state awards of Russian regions. The author reveals the features and trends of the legal regulation of state awards of Russian regions. Based on statistical data collected and analyzed by the author on the general population of awarding systems of all regions of the Russian Federation, conducted a qualitative and quantitative analysis of the premium law and awarding systems of Russian regions. The author defines the typical model of awarding system of republics and other regions of the Russian Federation, shows their strengths and weaknesses, and formulate recommendations for their improvement.
Citations count: 4
Reference:
Teunaev A.S., Dubova M.E. —
New perspective on qualitative and quantitative indicators of juvenile crime in Russia
// Legal Studies.
– 2021. – № 2.
– P. 44 - 63.
DOI: 10.25136/2409-7136.2021.2.34667 URL: https://en.nbpublish.com/library_read_article.php?id=34667
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Abstract:
The goal of this research consists in determination and analysis of the current trends of juvenile crime in Russia. The subject of this article is the basic patterns of juvenile crime identified by keeping track of its dynamics, modification and activity in Russia from 1991 to 2019, and classified by the authors into separate periods – “waves” in accordance with the “bursts” of such type of crime. It is underlined that the timely identification of factors and conditions that lead to the spate of criminal activity among juveniles in a specific time period allows preventing similar situations in future, as well as contributes to the development of an effective toolset for preventing deviant behavior of teenagers. The empirical basis of this research is comprised of the statistical reports on the state of juvenile crime in Russia that are posted annually on the official websites of the Ministry of Internal Affairs of Russia and the Prosecutor General's Office of the Russian Federation. The authors also lean on the fundamental Russian and foreign research dedicated to the problematic questions of preventing juvenile crime. In the course of studying statistical data that reflect qualitative and quantitative indicators of juvenile crime in Russia from 1991 to 2019, the authors determined five so-called “waves” of juvenile crime: I wave 1991-1997, II wave 1998-2002, III wave 2003-2012, IV wave 2012-2014, and V wave 2014-2019. Examination of media source, publicistic and scientific literature allowed revealing the most probable causes of the sharp increase in criminogenic situation in the juvenile environment. The article also reveals certain negative trends, such as the increase in the rate of grave and especially grave crimes committed by minors.
Citations count: 4
Reference:
Sychev D. —
A Prosecutor: from Peter the Great to the present day. Evolution of functional activity in criminal process
// Legal Studies.
– 2015. – № 3.
– P. 71 - 101.
DOI: 10.7256/2409-7136.2015.3.14386 URL: https://en.nbpublish.com/library_read_article.php?id=14386
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Abstract:
The subject of the research is the evolution of functional content of the prosecutor's activities at pretrial stages of criminal process. The author outlines the functions of procedural oversight and prosecution in the prosecutors' activities. The author analyzes the normative base of Russian legislation from Peter the Great to the present day, which is a means of these functions implementation. The author examines such aspects of the issue as the origins of the prosecutor's criminal procedural functions, their dependence on the role of the prosecutor in the state mechanism as a whole. The article shows the historical continuity of Russian prosecutors of different epochs in implementation of these two functions. The methodology of the study is based on the provisions of the dialectical method of cognition. Along with it the study uses the comparative legal, the system, the logical-legal and the historical methods of scientific research. The scientific novelty of the research lies in the complex historical and legal study of the implementation of the functions by the prosecutor in the criminal trial in Russia from Peter the Great to the present day. The article shows the historical continuity of the role of the prosecutor's figure in the criminal proceedings in different historical epochs. The research provides the extensive analysis of pre-revolutionary and contemporary authors' views towards the issue. The author comes to the conclusion about the necessity of simultaneous possession by the prosecutor of functions of prosecution and supervision, and the necessity of a further conservation of such a model of the prosecutor's activities.
Citations count: 3
Reference:
Gulyaikhin V.N. —
The structural and functional features of various conditions of human legal consciousness.
// Legal Studies.
– 2012. – № 2.
– P. 90 - 116.
DOI: 10.7256/2305-9699.2012.2.153 URL: https://en.nbpublish.com/library_read_article.php?id=153
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Abstract:
The article is devoted to the main structural and functional features of legal consciousness of person. The various conditions of legal consciousnes, allowing a subject to implement his existential needs in a constructive form, are considered by the author. The author concludes that these conditions of legal consciousness are the main stages of personal legal development and they may be presented as the parts of Hegel’s triad (thesis - antithesis - synthesis).
Citations count: 3
Reference:
Kudelkin N. —
Legal issues of prevention and response to accidental spills of petroleum products
// Legal Studies.
– 2021. – № 7.
– P. 74 - 84.
DOI: 10.25136/2409-7136.2021.7.35966 URL: https://en.nbpublish.com/library_read_article.php?id=35966
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Abstract:
The subject of this research is a set of legal norms that regulate social relations in the area of prevention and response to accidental spills of petroleum products. The goal of this work consists in formulation of theoretical and practical conclusions and recommendations aimed at the improvement of legal regulation in this sphere. The relevance of the selected topic is defined by the fact that accidental spills of hydrocarbons is an urgent concern for the Russian Federation. The official data indicates over 17,000 accidents occurred at enterprises of the fuel and energy complex in 2019. The due regulation of prevention and response to spills of petroleum products is definitely one crucial elements in ensuring environmental security of the Russian Federation. The article examines the legal support issues with regards to prevention and response to accidental spills of petroleum products. Based on the analysis of the effective legislation, the author makes a number of conclusions and recommendation. It is noted that the norms regulating the relations in this sphere are for the most part dedicated to the issues of localization and elimination of the spills of petroleum products, i.e. measures taken after the spill. Such crucial problem as the prevention of spills of petroleum products and environmental damage is not given due attention in the legislation. The author also formulates the principle of advanced development of environmental legislation, according to which the legislative and technical regulation of the activity posing heightened risk to the environment and (or) associated with the use of natural resources should be proactive.
Citations count: 3
Reference:
Platonova N., Smyshlyaev A.V., Mel'nikov Y.Y. —
The Principles of the Legal Regulation of Medical-Sanitary Aid by Competent State (Municipal) Medical Out-Patient Organisations in the Russian Federation
// Legal Studies.
– 2018. – № 7.
– P. 1 - 9.
DOI: 10.25136/2409-7136.2018.7.26804 URL: https://en.nbpublish.com/library_read_article.php?id=26804
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Abstract:
The aim of the research is to analyze the principles of the legal regulation of medical-sanitary aid in out-patient organisations. The authors also define the main areas of development and problems of implementation of citizens' rights to health care. The object of this research is the social relations arising in the course of medical-sanitary aid in out-patient clinics. The subject of the research is the legal norms that enforce the principles of medical-sanitary aid in the Russian Federation. In the course of their research the authors have used general research and special law research methods which allowed to carry out an in-depth analysis of the principles of the legal regulation of the medical-sanitary aid in out-patient clinics. The novelty of the research is caused by the fact that the authors offer an interdisciplinary approach to the legal regulation of medical-sanitary aid. In conclusion, the authors emphasize the need to make amendments to the current health care legislation, for example, to include such principles as coordination and continuity in the list of principles of medical-sanitary aid. These principles become especially important under the conditions of medical-sanitary aid in out-patient clinics.
Citations count: 3
Reference:
Vayshnarovich G.V. —
Comparative Analysis of the Legal Regulation of Elections to the Legislative (Representative) State Bodies of the Russian Federation Constituents and Republics of the Russian Federation in the Second Half of 1994
// Legal Studies.
– 2018. – № 6.
– P. 38 - 61.
DOI: 10.25136/2409-7136.2018.6.25931 URL: https://en.nbpublish.com/library_read_article.php?id=25931
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Abstract:
The subject of the research is the legal standards contained in legal acts of the Russian Federation and a number of the Russian Federation constituents) that regulate the process of election for legislative (representative) authorities of the Russian Federation in the second half of 1994. The aim of the article is to define distinguished and general features of the legal regulation of election for legislative (representative) authorities (based on the analysis of the Bashkortostan, Dagestan and Tatarstan) in the second half of 1994, to compare laws of particular constituents of the Russian Federation that regulate associated relations in the aforesaid period and analyze the cause of differences in legal standards of the Russian Federation and the Russian Federation constituents. In the course of writing the article the author has applied dialectical, logical, historical and special law methods (formal law, comparative law). He defines factors that influence the legal regulation of the Russian Federation and Russian Federation republic elections for legislative (representative) state bodies of the Russian Federation constituents in the second half of 1994, differences between the statutory provisions of the Russian Federation republics and decrees of the President of the Russian Federation regulating elections for the Russian Federation authorities as well as limitations of the electoral rights that are not set forth at the federal level, grounds for such limitations, positions of the constitutional control authorities, etc.
Citations count: 3
Reference:
Kuznetsov E.N. —
The Right to Perform Judicial Decisions and the Right to Judicial Protection: the Relationship Issues
// Legal Studies.
– 2018. – № 10.
– P. 10 - 20.
DOI: 10.25136/2409-7136.2018.10.27595 URL: https://en.nbpublish.com/library_read_article.php?id=27595
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Abstract:
In his article Kuznetsov focuses on how the right to judicial protection relates to a new legal category of the national legal doctrine called 'the right to perform judicial decisions'. The author analyzes the background of this category in the experience of the European Human Rights Court and analyzes the main concepts of the right to claim and the right to judicial protection. Kuznetsov also analyzes the effect of the right to perform judicial decisions on the aforesaid concepts and describes the role of the right to perform judicial decisions in relation to the common law category, the right to a fair trial. To write his article, Kuznetsov has used historical law, formal law and formal domatic methods, interpretation of legal ideas, analysis and synthesis. The main conclusions of the research are as follows: the right to perform judicial decisions is recognized at the level of the international legal community and judicial practice of the European Human Rights Court; the Russian legal doctrine analyzes the right to claim and the right to judicial protection disregarding the essence of the right to perform judicial decisions as an essential element of these legal categories; common intepretation of the right to judicial protection as being complete after a judicial decision comes into force is insufficient; and the right to perform judicial decisions has substantive and procedural aspects.
Citations count: 3
Reference:
Khachatryan M.S. —
Limits of legal regulation of societal control (public integrity)
// Legal Studies.
– 2017. – № 9.
– P. 24 - 30.
DOI: 10.25136/2409-7136.2017.9.20441 URL: https://en.nbpublish.com/library_read_article.php?id=20441
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Abstract:
The research subject is the limits of legal regulation of societal control as one of the instruments of civil society. The author analyzes various opinions about this issue, considers positive and negative results of legal regulation of public integrity. Special attention is given to the need to formalize such a balance of interaction between society and state, which wouldn’t infringe the interests of the parties, and in which they would effectively function and develop. The author uses dialectical, dogmatic (formal logical), system, comparative, deductive, inductive methods and the formal-legal method. The scientific novelty of the study consists in the consideration of the issue about the limits of legal regulation of societal control from the perspective of correlation between the limits of activity of state and civil society.
The author concludes that legal regulation of public integrity can have positive results in those countries, where civil society institutions have no lasting traditions. But such regulation should have definite limits. The author concludes that the legislator should regulate only the key moments, which underlie interaction between state and civil society, i.e. a purpose, tasks and principles of activity of subjects of societal control; rights and duties of subjects of societal control and subordinate subjects; guarantees of realization of societal control and normal functioning of public authorities, which are being supervised; responsibility of both subjects of societal control and public authorities for the violation of principles and guarantees of public integrity.
Citations count: 3
Reference:
Kodan S.V., Fevralev S.A. —
Situation, development and unification of the local law of the Little Russia and the Western Provinces (second half of XVII - first half of XIX centuries)
// Legal Studies.
– 2013. – № 5.
– P. 268 - 295.
DOI: 10.7256/2305-9699.2013.5.579 URL: https://en.nbpublish.com/library_read_article.php?id=579
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Abstract:
The "Little Russia" lands (in 1654- Ukraine and the provinces taken from Poland; in 1772-1807 - Belarus and Lithuenia (the Western Provinces) formed a national region with the sources of law, which were rather close to the Russian law. The 1 and 2 Lithuanian Statutes were in force in it with some specificities. In addition to them the "Little Russia Law" was based upon the Magdeburg city law, the privileges of the Polish and Lithuanian kings, etc. The law of the Western provinces was not limited to the Lithuanian Statutes. The Polish and Lithuaninan legislation were in force there. The attemtps to codify the "Little Russia" sources of law and to make the Code were taken since the fourth quarter of XVIII century. In 1743 a draft of codified law was made, and it was entitled "The Judicial Laws of the People of Little Russia", but it was not sanctioned by the government. The second attempt to codify the laws of the Western provinces took place within the framework of the Code of Laws of hte Russian Empire and the attempts to codify legislations of some provinces in special codes. The official publication of hte Lithuanian Statute had followed. In 1830-1838 the 2nd Division of the Chancery of Her Magesty brought up a draft of the Code of Local Laws of the Western Provinces, but this project was not approved by the crown due to political reasons and vast variety of its sources. The process of unification of the legislations of the Little Russia and the Western provinces reflected the will of the Russian governemnt to dissolve the independency elements in the local governments of these regions and to unify the legislation in accordance with the all-Russian laws. On January 1, 1831 the by an Order to the Senate Tsar Nicolas the 1st has terminated the application of the Lithuanian Status in Belarus, and by the Order of June 25, 1840 the Tsar terminated its application throughout the Western province, while specific provisions in the Code of Civil Laws (Vol.10 of hte Laws of the Russian Emprie of 1842 and 1857) were provided for its regulation. Some specific provisions of the Lithuanian Statute remained only in Poltava and Chernigov Provinces due to the specific of the civil turnover, and the local law in the region practically ceased to exist. The article concerns the aspects regarding integration of the people and territories of the Little Russia, Belarus and Lithuanian in the Russian state, which formed the basis for singling out the particular law in the Russian legal system.
Citations count: 3
Reference:
Ivanova L.V. —
Kinds of Cybercrime According to the Russian Law
// Legal Studies.
– 2019. – № 1.
– P. 25 - 33.
DOI: 10.25136/2409-7136.2019.1.28600 URL: https://en.nbpublish.com/library_read_article.php?id=28600
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Abstract:
The subject of the research is the provisions of the criminal law on cybercrime and computer information crimes committed using electronic or telecommunication networks including those on the Internet as well as legal acts and regulations in the fields of information security and information technologies. The aim of the research is to define a circle of actions that can be acknowledged as cybercrime by the Russian law and to develop improvements of the criminal law that would help to differentiate between criminal responsibility for the commitment of crime using information technologies. The researcher analyzes different points of view on the definition of cybercrime and describes features of this kind of crime. The research is based on the systems approach using such methods as logical, dogmatic and comaprative law research methods. By analyzing different points of view and using the systems interpretation of legal provisions, the author comes to the conclusion that cybercrime is a universal term that describes crimes committed with the use of information technologies despite the fact that the legal acts lack a particular definition. The novelty of the research is caused by the fact that the author offers a modern definition of cybercrime that covers all crimes committed using IT technologies. The researcher underlines that there is a certain inconsistence in the legal enforcement of features of the wrongdoing committed with the use of electronic and telecommunication networks including Internet. In order to differentiate between criminal responsibility, the author proves the need to complete all corpus delicti of the Criminal Code of the Russian Federatin that may be committed using information technologies.
Citations count: 3
Reference:
Mironchik A.S., Susloparov A.V. —
Electronic Theft as a Kind of Computer Crime: Problems that Arise During Differentiation and Qualification of This Kind of Crime
// Legal Studies.
– 2019. – № 9.
– P. 17 - 30.
DOI: 10.25136/2409-7136.2019.9.30745 URL: https://en.nbpublish.com/library_read_article.php?id=30745
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Abstract:
The article is devoted to the legal provisions that set forth liability for theft committed with the use of electronic means of payment. Considering problems that arise in the process of differentiation of such crime under Clause g of Part 3 of Article 158 of the Criminal Code of the Russian Federation and Article 159.6 of the Criminal Code of the Russian Federation, the authors pay special attention to the analysis of features of this crime as a kind of computer crime. The authors focus on criminalization of theft of non-cash or electronic money using cards as it is presented by the foreign legislation (in particular, criminal law of Germany). The researchers have applied such methods as dialetical materialistic, formal law, comparative law, structured systems, criminological and linguistic analysis as well as general research methods (analysis, synthesis, induction and deduction). At the end of the research the author concludes that crimes described by Clause g of Part 3 of Article 158 of the Criminal Code of the Russian Federation and Article 159.6 of the Criminal Code of the Russian Federation should be recognized as computer crimes. Based on the analysis, the researchers give recommendations on how to classify theft of electronic or non-cash money committed with the use of electronic means of payment.
Citations count: 2
Reference:
Popov E.A. —
Concept of State as an Axiological and Conceptual System in Philosophies of Law and Statehood
// Legal Studies.
– 2013. – № 2.
– P. 193 - 217.
DOI: 10.7256/2305-9699.2013.2.454 URL: https://en.nbpublish.com/library_read_article.php?id=454
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Abstract:
The article is devoted a difficult issue which is, on one hand, well studied in law but, on the other hand, still remains the central problem in social and humanitarian studies. This is the question about interpretation and definition of state institution. The main purpose of this article is to shift from a famous definition of state institution as a political and legal social organization to axiological and conceptual definition of state institution and statehood. The main emphasis is made on viewing this problem from the point of view of philosophy and legal studies. It is in the first place very important for methodology, because it allows to describe a self-sufficient heuristic approach to studying state institution and statehood.
Citations count: 2
Reference:
Kodan S.V. —
The Estate Legislation in the Policy of the Russian Supreme Government (1800 - 1850's)
// Legal Studies.
– 2012. – № 2.
– P. 117 - 145.
DOI: 10.7256/2305-9699.2012.2.152 URL: https://en.nbpublish.com/library_read_article.php?id=152
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Abstract:
Important elements of the Russian government related to state organization and social management, s.s. form of government, state and law structure and state regime, were legally fixed in the first half of XIX century. Legal fixation of the place and role of the subject in estate stratification of the Russian society was used as the main tool of implementation of a political regime and social management in the Russian empire. The author of the article describes the role and meaning of estate stratification of a society in social management of the Russian empire. The author studies the political and legal context of the problem and shows the legal nature of estates as well as systematizatoin of estate legislation as a part of the Code of Laws of the Russian Empire. The author also analyzes the Code of Laws on Conditions of 1832-1857 in terms of the fundamental principles of the legal status of the main groups of estates.
Citations count: 2
Reference:
Semerikova A.A. —
Criminological Analysis of Sexual Violence Victims
// Legal Studies.
– 2018. – № 7.
– P. 28 - 41.
DOI: 10.25136/2409-7136.2018.7.24761 URL: https://en.nbpublish.com/library_read_article.php?id=24761
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Abstract:
The object of this research is the personality of a sexual violence victim that plays an essential role in the development of criminal motivation. The author of the article touches upon specific reasons and conditions that contribute to victimization, i.e. making a victim 'attractive' for a sexual abuser. Semerikova describes five criteria that describe the structure of victim personality. These include sociodemographic, socioprofessional and legal criteria that generally determine the conditions that increase victimity, and moral psychological and medical criteria determine the causes of aggression. The research is based on the psychological, psychiatric and criminological survey of 150 respondents who were the victims of sexual violence as well as on the analysis of the main theoretical concepts of Russian and foreign victimology. As a result of her research, Semerikova comes to the following conclusions: the victim and abuser have similar psychological features, inferiority and drive to self-destruction being the basic features; and the most common deviations of sexual violence victims are inherited submissiveness and masochism as a disorder of sexual preference. The results of the research can be used to develop sexual abuse preventive measures.
Citations count: 2
Reference:
Solovyev A.A. —
The structure of the General Council of the Judiciary of Spain and the procedure of its formation
// Legal Studies.
– 2017. – № 3.
– P. 1 - 9.
DOI: 10.7256/2409-7136.2017.3.22140 URL: https://en.nbpublish.com/library_read_article.php?id=22140
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Abstract:
The paper studies the General Council of the Judiciary of Spain, the independent collegiate constitutional body responsible for the judicial system management for the purpose of the judges’ independence provision. The author considers the key regulatory instruments, formalizing the fundamentals of the Spanish judicial system, characterizes the judiciary of Spain, studies the peculiarities of the legal status of various categories of judges (commissioners and professional judges), magistrates (judges of the highest judicial bodies), and presidents of courts. The author applies different methods of scientific cognition including analysis, synthesis, comparison, abstraction, specification and generalization. The author describes the structure of the General Council of the Judiciary of Spain and the procedure of its formation including the appointment of the members of the Council (the judiciary and other persons), their accession to office, tenure, substitution and termination of powers. Special attention is given to the Election Commission, a body responsible for the formation of the Council and managing any issues related to the nomination of candidates to the General Council from among the judges.
Citations count: 2
Reference:
Lolaeva A.S., Makiev S.A., Butaeva E.S. —
The legal nature of cryptocurrency
// Legal Studies.
– 2021. – № 12.
– P. 20 - 32.
DOI: 10.25136/2409-7136.2021.12.37110 URL: https://en.nbpublish.com/library_read_article.php?id=37110
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Abstract:
This article examines the legal nature of cryptocurrency. Comprehensive analysis is conducted on the legal nature of digital currency; its correlation with the traditional money and e-money is determined. The author summarizes and systematizes the opinions of the scholars on these issues, as well as the existing legislation. The object of this research is the public relations arising process of functionality of crypto technologies and with regards to such the phenomenon of cryptocurrency in Russia. The subject of this research is the Constitution of the Russian Federation, normative legal acts that comprise the current legislation of the Russian Federation, as well as scientific works dedicated to the public relations in this sphere. The goal lies in examination and revelation of the financial legal essence of cryptocurrency, its legal nature and role among the objects of civil rights. The conclusion is made that the states will act towards the implementation of cryptocurrency into the economy. Digital currency is a promising trends of development and investment. The question of legal regulation and consolidation of the status of cryptocurrency remains important and relevant for not only Russia or any country, but the entire world community. The economy that is based on cryptocurrency has good chances to become a reality on the global scale.
Citations count: 2
Reference:
Ageev V. —
Legitimacy of Restriction of Rights and Freedoms of State Officials in the Russian Federation: Legal Evaluation of the Constitutional Court
// Legal Studies.
– 2013. – № 1.
– P. 166 - 189.
DOI: 10.7256/2305-9699.2013.1.394 URL: https://en.nbpublish.com/library_read_article.php?id=394
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Abstract:
The author of the article points out that a state institution is allowed to restrict the human and civil rights and freedoms when it solves a social task to provide security of citizens and state. The author also provides definition of the term 'restriction of human and civil rights' and views the issues of restriction of rights and freedoms of state officials in the Russian Federation. It is noted that restriction of rights and freedoms of state officials ensures the efficient performance of state agencies, prevents from abuse by state officials and contributes to the corruption management. The author also analyzes the legal position of the Constitutional Court of the Russian Federation regarding the legitimacy of restriction of rights and freedoms of state officials and formulates the universal legal position of the Constitutional Court on this matter. According to this position, restriction of rights and freedoms of state officials are permitted by the law but only for the purposes of the Constitution.
Citations count: 2
Reference:
Kulikov E.A. —
Social Danger of a Deed as the Main Attribute of a Misdeed
// Legal Studies.
– 2016. – № 1.
– P. 18 - 48.
DOI: 10.7256/2409-7136.2016.1.17662 URL: https://en.nbpublish.com/library_read_article.php?id=17662
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Abstract:
The article is devoted to social danger as the most important attribute of a deed, which helps qualify it as a misdeed. The author analyzes legal definitions, existing in the current Russian legislation, and outlines the legal attributes of this phenomenon. The author substantiates the idea that social danger is an attribute of any misdeed, not only of a crime, and argues the thesis that “social danger” is the most appropriate formulation of a material attribute of a misdeed. The author defines the content of the required attribute, applying the interpretations of the Plenum of the Supreme Court of the Russian Federation (in their development from 1999 till 2015) and the achievements of the science of criminal law. The author applies the methods of formal logic, interpretation of law, comparison, generalization, abstraction and legal narration. First of all, the author analyzes the provisions of the Decree of the Plenum of the Supreme Court No. 58, adopted on December 22, 2015, “On the Practice of Awarding Criminal Punishment by the Courts of the Russian Federation”, related to the study of the character of social danger of a deed; compares the Plenum’s interpretations of the mentioned attributes of social danger in the previous and the new decrees. The author substantiates the opinion about the dual objective-subjective character of social danger of a deed and about the fact that the existence of such an attribute allows considering the misdeed as a socio-legal phenomenon. The author proposes the working definition of a misdeed.
Citations count: 2
Reference:
Seregin K.V. —
Comparative Analysis of the Civil Law of Polish Kingdom to the Civil Law of Russian Empire in Protection of Property Rights
// Legal Studies.
– 2019. – № 3.
– P. 46 - 52.
DOI: 10.25136/2409-7136.2019.3.29155 URL: https://en.nbpublish.com/library_read_article.php?id=29155
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Abstract:
The object of the research is the relations that arose in the process of protection of property rights in Polish Kingdom and Russian Empire. The subject of the research is the civil laws that were effective in Polish Kingdom and Russian Empire during the period since 1812 till 1917, in particular, the provisions that regulated protection of proiperty rights in the territories of Polish Kingdom and Russian Empire. The author of the article focuses on particular peculiarities of negatory protection of property rights as well as the point at which property was recognized as illegal by the civil law of Polish Kingdom. In the course of the research the author has used the following methods: analysis, synthesis, extrapolation, systems approach, hermeneutical and comparative law method. The main conclusions of the research are as follows: 1) the law of Polish Kingdom set forth negatory actions as an individual means of protection of property rights, however, it had individualization signs in relation to particular items. Thus, it was limited by applicability to particular items; 2) the civil law of Polish Kingdom viewed the point when an individual found out about insufficiency of base for his or her rights as the point when his or her property became illegal; 3) Differences in regulation of vindication as the means of protection of property rights were insignificant. The law of Polish Kingdom fixed vindication limitations by outlining a list of items subject to vindication while the Russian Empire did not have evident restrictions of vindication. 3) Distinguished feature of negatory protection in Polish Kingdom was caused by the fact that it could be applied through particular physical action for restoration of violated right.
Citations count: 2
Reference:
Maslennikova L.N., Topilina T. —
Access to justice and problems of its restriction in criminal proceedings in Russia
// Legal Studies.
– 2020. – № 7.
– P. 13 - 28.
DOI: 10.25136/2409-7136.2020.7.33845 URL: https://en.nbpublish.com/library_read_article.php?id=33845
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Abstract:
The article analyzes the controversial issues of defining the concepts of "right of access", "accessibility of justice to justice", "accessibility of court", "access to court", as well as the problems of restricting access to justice in criminal proceedings. The authors analyze in detail the existing approaches to the definition of these concepts. The subject of the study is the norms of Russian and foreign legislation regulating the right to access to justice in criminal proceedings. The object of the study is the legal relations arising from the realization of the right to access to justice. When writing the work, the following methods were used: universal system method of cognition, comparative legal, formal legal, statistical methods, as well as the method of logical analysis of normative legal acts. It is shown that the concept of "accessibility of justice" expresses an external objective factor unrelated to the criminal justice system, and "access to justice" in criminal proceedings should be considered as an internal objective factor, an intra-system factor associated with the very architecture of the construction of criminal proceedings, due to its public-legal nature. The authors analyze the study of complaints about the restriction of the right to access to justice received by the Commissioner for Human Rights in the Russian Federation. The conclusion is substantiated that it is necessary to create a fundamentally new algorithm (legislative model) of the initial stage of criminal proceedings, providing access to justice without destroying the fundamental basis of criminal proceedings, while maintaining an optimal ratio between public and dispositive beginnings of criminal proceedings.
Citations count: 2
Reference:
Vecherina O., Putalova I.B. —
Structure of the Russian institute of mediation: present, past, and future
// Legal Studies.
– 2020. – № 9.
– P. 47 - 63.
DOI: 10.25136/2409-7136.2020.9.34287 URL: https://en.nbpublish.com/library_read_article.php?id=34287
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Abstract:
This article is dedicated to examination of the traditional structure of the Russian institute of mediation and its possible transformations in light of the provisions of the new draft law “On Settlement of the Disputes Trough Mediation in the Russian Federation". Based on the principle of historicism and systemic analysis, the authors consider the established structure of the Institute, and highlight the three stages in development: latent, euphoria and stagnation. It is assumed that such peculiarities of development are substantiated by its implementation “from the top”. The current state of the institute of mediation, despite the fact that it remains at the “initial” level of development, can be characterizes as a years-long stagnation. Therefore, the draft of the new Federal Law on Mediation, developed by the Ministry of Justice, which in case of enactment significantly changes the structure and functional concept of mediation, became the subject of intense discussion within the professional community, since the intended radical reform is planned to be implemented “from the top”, without consideration of the opinion of professional community and interested stakeholders. Having analyzed separate elements of the institute of mediation and changes therein, the authors came to the following conclusions. One of the three key reasons for the established situation in the area of mediation is the low level of professional qualifications of mediators; incompetence of mediators impedes conducting mass mediation and further development of the institute of mediation. The second reason consists in incompetence and disunity of the professional community of mediators, absence of an authoritative body nationwide. The third reason lies in discrepancy of the development of two vectors of mediation — traditional and academic as a special trend in reconstructive approach. The presented analysis allows reassessing the current state and potential of the Russian Institute of mediation, as well as forecasting further ways of its development.
Citations count: 2
Reference:
Bakradze A.A., Belov D.O., Kalinin A.N. —
On the constitutionality of the ban on the use of the Internet by a suspect or accused
// Legal Studies.
– 2022. – № 3.
– P. 19 - 32.
DOI: 10.25136/2409-7136.2022.3.37644 URL: https://en.nbpublish.com/library_read_article.php?id=37644
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Abstract:
The article examines the theoretical and applied problems of the prohibition of the use of the information and telecommunications network "Internet" by a suspect or accused when choosing a preventive measure in the form of a ban on certain actions, bail or house arrest; analyzes, in connection with the fundamental rights and freedoms of man and citizen, the changes introduced by Federal Law No. 72-FZ of 18.04.2018 changes in The Criminal Procedure Code of the Russian Federation; thematic judicial practice is given; legal solutions aimed at optimizing the current legislation and the practice of its application are proposed, while legal issues are correlated with the role of the Internet in modern society and human life. According to the results of the study, the authors come to the conclusion that the legal stereotypes that have existed for a long time about the inseparable connection of the restriction of the constitutional right to freedom when placed under house arrest with other restrictions of constitutional rights, although not explicitly specified in the law, are actually applied to a suspect or accused under house arrest. Among such restrictions, we will find, for example, a ban on performing labor (official) duties, searching for and receiving information, various types of creative activity (literature, painting, science, technology, etc.). These restrictions could have been formed only in a "pre-digital" society and therefore require revision.
Citations count: 2
Reference:
Kireeva A.V., Shatalov S.S. —
Public accounting: a promising direction of development of a system of public control in Russia
// Legal Studies.
– 2017. – № 11.
– P. 35 - 45.
DOI: 10.25136/2409-7136.2017.11.22705 URL: https://en.nbpublish.com/library_read_article.php?id=22705
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Abstract:
The research subject is the set of instruments used to provide public participation in public management and control. The authors show that a range of such instruments — including “public control”, estimation of regulating and actual impact and various types of public examination: independent anti-corruption examination, public discussion, opinion of the Expert Board under the Government of the Russian Federation — has been formed during the administrative reform. However, their potential is not being fully realized. Among other things because of the fact that most of them are not intended to involve public participation. The research methodology is based on the works of V.M. Komarov, P.N. Pavlov, Ya.I. Kuz’minov, A.B. Zhulin, A.A. Voloshinskaya, E.V. Talapina and others. The authors use the methods of interpretation and modeling, statistical, formal-logical, comparative-legal and other methods. The authors prove that Russian institutions, guaranteeing public participation in public management and control, don’t include the institution, widely used in some countries, - the institution of public accounting, which allows influencing the process of planning audit, performed by the government bodies, via the collective petitions mechanism. The practice of using “public audit” is illustrated by the experience of the Republic of Korea.
Citations count: 2
Reference:
Neznamov A., Naumov V. —
On the regulation of robotics in Russia and in the world
// Legal Studies.
– 2017. – № 8.
– P. 14 - 25.
DOI: 10.25136/2409-7136.2017.8.23292 URL: https://en.nbpublish.com/library_read_article.php?id=23292
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Abstract:
The subject and the purpose of the article is the description of general tendencies of regulation of robotics in the world. The authors study the examples of the European Union, China, the USA, South Korea and Japan. The authors analyze the level of development of Russian legislation on robotics. The study characterizes the current state of robotics in Russia, analyzes legislative initiative about the regulation of activity of smart robots (robots-agents). The authors evaluate and substantiate the need for legal regulation of robotics in Russia and analyze the approaches to realization of the necessary regulatory reform. The research methodology includes the method of comparative jurisprudence and comparative analysis of legal systems of different countries for the purpose of detection of common tendencies of regulation of robotics in the world using the examples of the EU, China, the USA, South Korea and Japan. The authors substantiate the need for the earliest solution of the problem of legal regulation of robotics in Russia. The authors formulate the strategy of development of legislation in this sphere.
Citations count: 2
Reference:
Sapparov R.R. —
The Subject of Crime in Bankruptcy Pursuant to the Criminal Code of the Russian Federation
// Legal Studies.
– 2018. – № 5.
– P. 57 - 61.
DOI: 10.25136/2409-7136.2018.5.26273 URL: https://en.nbpublish.com/library_read_article.php?id=26273
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Abstract:
The article is devoted to the issue of the subject of crime in bankruptcy based on the Criminal Code of the Russian Federation. Sapparov focuses on the analysis of peculiarities of the special subject of crime. He underlines that 1) the criminal law doctrine traditionally has a unified understanding of special features of bankruptcy crime based on the Criminal Code of the Russian Federation; and 2) the theory of criminal law generally demonstrates unsatisfaction with the quality of description of special subject features in bankruptcy based on the Criminal Code of the Russian Federation. In the course of his research the author has used the following research methods: general research methods (induction, deduction, analysis and sythesis) and special research methods (formal law, and sociology methods). As a result of his research, the author makes a conclusion that the Russian criminal law establishes three approaches to the description of feature sof a special subject of bankruptcy crime. These are: reference to a particular list of special subjects of bankruptcy crime; reference to a special subject of crime based on its legally enforced responsibility as a result of bankruptcy; limitation of a list of special subjects of bankruptcy crime according to the law that implies that a wrongdoing may be performed only by a limited scope of people.
Citations count: 2
Reference:
Kulikov E.A. —
Philosophical categories in legal science: problems of theory and methodology
// Legal Studies.
– 2017. – № 10.
– P. 59 - 77.
DOI: 10.25136/2409-7136.2017.10.20393 URL: https://en.nbpublish.com/library_read_article.php?id=20393
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Abstract:
The research subject is the patterns of manifestation of philosophical categories in the legal sphere of social life, the approaches to understanding philosophical categories and the specificity of interpretation of philosophical categories by legal science. The author considers the modern ideas about the system of philosophical categories presented in scientific works. In the second part of the article, based on the approaches to the categories as a philosophical phenomenon, the author considers legal categories. The author analyzes the approaches to these categories, studies their role in jurisprudence and the system of legal categories. Special attention is given to the diversity of legal notions. The research subject is closely connected with the methodology. The key methodological approach is the dialectical approach, which is the basis for the system of categories. The author also uses general scientific methods of analysis, synthesis, comparison, generalization, abstraction, and the formal-legal method. The author attempts to actualize the problematics of legal categories and legal notions, and manifestation of philosophical categories in law. This work is the continuation of the author’s candidate thesis. Here the author uses the higher level of abstraction. He moves from consideration of manifestation of one category (measure) in legal science to general principles of manifestation of philosophical categories in the legal sphere of social life. Besides, based on few existing scientific works in this sphere, the author studies the specificity of legal categories and the diversity of legal notions.
Citations count: 2
Reference:
Abaturov A.I. —
Formation of the Institution of Post-Penitentiary Control in Russia (1844 - 2009)
// Legal Studies.
– 2012. – № 4.
– P. 134 - 173.
DOI: 10.7256/2305-9699.2012.4.194 URL: https://en.nbpublish.com/library_read_article.php?id=194
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Abstract:
The article is devoted to the issues of legislative initiatives of Russian state authorities for the purpose of minimization of recidivism by means of supervision and control over persons released from places of detention during the period of time since 1844 till 2009. Based on archives and research papers, the author analyzes the stages of formation of post-penitentiary control and its initial purposes and transformations along with the development of the country's political system. It all emphasizes the need in constant preventive measures with persons who are released from places of detention and potentially ready to commit a new crime.
Citations count: 2
Reference:
Ursul A.D., Ursul T.A. —
Globalization in the perspective of sustainable future.
// Legal Studies.
– 2013. – № 5.
– P. 1 - 63.
DOI: 10.7256/2305-9699.2013.5.794 URL: https://en.nbpublish.com/library_read_article.php?id=794
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Abstract:
Sustainable development is a future global process and the future of entire mankind and its fate in the new Millennium depend on it. It is a new form (model) of global community development, which guarantees resolution of the key social and natural contradiction between the growing needs of global development and limitations, or even impossibility for the biological sphere to meet these demands. Unfolding in its future political, economic, environmental and social aspects through sustainable development, globalization should provide its input into the resolution of the key social and natural and other contradictions of the global development, and thanks to this input it may be possible to meet the current and future demands. The transfer to implementation of policies and strategies of sustainable development brings the humanity to a new mainly social and natural globalization stage, which is aimed towards unity of civilization, its preservation and co-evolution with the biological sphere. The article concerns political aspects of globalization through sustainable development, and attention is paid to the fact that political dimension of emergent globalization falls behind economic and other elements of this global process. The sustainable development strategy which is developed by the UN and its Member States, seems to contain mostly political recommendations and declarations. Therefore, it is important to include into the starting process of managing "sustainable" globalization all of the key elements of this global strategy. Sustainable development in the broadest sense is non-regressive, and secure development for the main humane goal of survival of humankind and preservation of nature. The authors evaluate the role of state in implementation of globalization processes through sustainable development and study of the further evolution of the statehood phenomenon. The authors pay special attention to the problems of environmental globalization, sustainable policy and its specific characteristics.
Citations count: 2
Reference:
Nagornaya I. —
Permissibility of on-the-job medical treatment in the light of the principle of patient's rights priority
// Legal Studies.
– 2015. – № 6.
– P. 53 - 68.
DOI: 10.7256/2409-7136.2015.6.14498 URL: https://en.nbpublish.com/library_read_article.php?id=14498
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Abstract:
Legislation and other legal acts regulating the types, conditions and forms of medical care are analyzed. The author considers legal responsibility of medical organizations and health professionals according to the Criminal Code and Code of Administrative Offences of the Russian Federation in connection with the provision of on-the-job medical treatment, including the application of articles 171, 235, 238 of the Criminal Code and article 14.1 of the Code of Administrative Offences of the Russian Federation. The legal, technical and system analyses of the regulations are carried out. The priority of patient's rights t is described as one of the basic principles of health care. On-the-job medical treatment complies with the principle of patient's rights priority. A key prerequisite is the ability to organize medical care properly. The provision of medical care on-the-job equals to medical treatment at home.
Citations count: 2
Reference:
Nikitin V. —
Foreign organizations’ admission to construction activities in the Russian Federation: legal regulation issues
// Legal Studies.
– 2016. – № 7.
– P. 46 - 53.
DOI: 10.7256/2409-7136.2016.7.18558 URL: https://en.nbpublish.com/library_read_article.php?id=18558
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Abstract:
The article considers the peculiarities of legal status of a foreign construction organization. The author analyzes the term “a foreign construction organization”. The research subject includes the aspects of admission of foreign organizations to construction activities in the Russian Federation. The author considers the place and the role of a self-regulated organization in granting admission for foreign organizations to construction activities, exploring and design, and the conditions of foreign construction organizations’ entering the Russian self-regulated organizations. The paper studies the problem of the status of economically autonomous subdivisions of foreign construction organizations in the context of changes in the labour law. The analysis of statutory instruments and special literature helps the author to formulate the key provisions of understanding the legal status of a foreign construction organization in the Russian Federation and to identify the problems in this sphere. The author notes that the foreign belonging of the subject, together with the specificity of construction activities, influences legal regulation of admission of a foreign organization to construction and the related design and engineer works. The author notes that the procedure of admission of foreign construction companies to self-regulated organizations should be specified and should take into account the experience of the organization and the possibility of its confirmation. The study reveals the insufficiency of determining the legal status of economically autonomous subdivisions of foreign construction organizations based on the civil legislation. The author offers the definition of a foreign construction organization and substantiates the conclusion about a coordinated application of the provisions of national legislation and international agreements in the sphere in question.
Citations count: 2
Reference:
Gudkov A.P. —
Bid Rigging as a Criminal Restriction of Competition (Article 178 of the Criminal Code of the Russian Federation): Legal Regulation Issues
// Legal Studies.
– 2018. – № 11.
– P. 19 - 27.
DOI: 10.25136/2409-7136.2018.11.28083 URL: https://en.nbpublish.com/library_read_article.php?id=28083
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Abstract:
The subject of the research is the legal regulation of criminal responsibility for criminal restriction of competition. The author of the article focuses on bid rigging as the most famous and dangerous kind of this crime with serious threats for the economy. The aim of the research is to define the best legislative model that would allow to raise efficiency of bid rigging prevention. The author analyzes the corpus delicti of competition restriction (Article 178 of the Criminal Code of the Russian Federation) focusing on the analysis of the latest draft law about changes and amendments to the article mentioned above. Gudkov analyzes recent researches on the problem at this stage, laws of developed countries with market economy and experience in relevant administrative proceedings. The methodological basis of the research is the dialectical method as well as general methods such as analysis and synthesis, and special research methods such as dogmatic and comparative law approaches. The scientific novelty of the research is caused by the fact that the author summarizes the results of the researches carried out by such authors as Yu. Bockhova, A. Eremin, A. Kinev, D. Laptev, A. Denisova, and analyzes Article 178 of the Criminal Code of the Russian Federation and amending draft laws, laws of the USA and Japan, and experience in similar administrative proceedings. As the main conclusion of the research, the author underlines the need to exclude such constituent elements of the crime in Article 178 of the Criminal Code of the Russian Federation as major damage and special major damage while reducing the volume of 'large revenue' and 'major revenue' by 10 times.
Citations count: 2
Reference:
Aisner L.Y., Sochneva E.N., Chervyakov M.E. —
Legal framework for functioning of collaborations
// Legal Studies.
– 2020. – № 3.
– P. 36 - 47.
DOI: 10.25136/2409-7136.2020.3.32438 URL: https://en.nbpublish.com/library_read_article.php?id=32438
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Abstract:
The subject of this research is the legal framework for functioning of collaborations. The object of this research is collaboration as the integration of economic actors for the purpose of achieving peak efficiency. The authors examine the distinctive characteristics of collaboration and standard organization, since collaborations are the representative of highly intelligent capital, which is efficient if managed properly, or may lead to destructive consequences otherwise. Special attention is given to such question as the impact of legal factors and their role in activity of collaborations. In the course of this research, the authors applied the methods of analysis, synthesis, comparative analogy, logical research, and institutional analysis. The following conclusions were made: - there are fundamental differences between a collaboration and a classical organization, which makes collaboration more flexible and efficient under the current circumstances; - from the legal perspective, collaborations can function in form of unincorporated joint venture. The novelty consists in the original approach towards determination of distinctive characteristics of a collaboration and a standard organization.
Citations count: 2
Reference:
Korchagin A.G., Yakovenko A.A. —
Criminogenic role of cryptocurrency
// Legal Studies.
– 2020. – № 2.
– P. 9 - 19.
DOI: 10.25136/2409-7136.2020.2.32096 URL: https://en.nbpublish.com/library_read_article.php?id=32096
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Abstract:
This article explores the phenomenon of cryptocurrency and technology it is based upon. The authors describe the mechanism of its functionality along with the occurred problems of legal nature, which being interrelated make the phenomenon in question appealing within the criminal environment. Global digitalization sets new requirements, namely the combinations of legal and technical regulators meant to achieving adequate legal regulation in the digital era. The subject of this research is the Russian and foreign legal doctrine that reveals the essence of the indicated technology and mechanisms for protecting social relations in the context of utilization of this technology. The research methodology consists of the following methods: statistical, dogmatic, comparative-legal, synergetic, logical, functional, and systemic. The scientific novelty is substantiated by the need for convergence of the legal and information systems and demonstration of such convergence during the period of rapid digitalization in all social spheres. The authors draw a conclusion that the problem carries a comprehensive character, and the longer it takes to resolve the issues of legal regulation, the higher are the risks of using cryptocurrency.
Citations count: 2
Reference:
Gorian K.V. —
The role of Protestantism in the formation of modern international law
// Legal Studies.
– 2016. – № 6.
– P. 23 - 30.
DOI: 10.7256/2409-7136.2016.6.18394 URL: https://en.nbpublish.com/library_read_article.php?id=18394
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Abstract:
The paper studies the system of views and ideas about international public law developed within Protestantism as a cultural phenomenon. The research subject includes the doctrinal developments defining the essence and the content of the protestant concept of international law. The author characterizes the ideas of the central protestant philosophers which the modern concept of international law is based on – Hugo Grotius, Christian Wolff and Emer de Vattel. Special attention is paid to the protestant concept of human rights and the justification of their special nature. To acquire trustworthy scientific results, the author applies the set of general scientific and specific research methods which are complemented with the principles of dialectics: analysis, synthesis, the formal-legal, historical-legal and comparative-legal methods. Particularly, the hermeneutical approach is used to define the content of the provisions of doctrinal developments of philosophers depending on the particular meanings of culture. The contribution of protestant ideas to the development of international law consists in the positivization of international law and its further dehumanization, when a premium is rather placed on an absolute power of the state than on the rights and interests of a person. Ignoring the doctrine of God as a sole sovereign, Positivists authorized only the state with an absolute sovereignty, and this positivist theory of sovereignty turned into an instrument protecting and justifying the violation of personal rights and freedoms within the state. Ultimately, this positivist-protestant concept of international law had led to the inability of international law to resist to humanitarian disasters of the world wars of the 20th century.
Citations count: 2
Reference:
Ilyasov A.A. —
Tacit Admission in Arbitral Proceedings
// Legal Studies.
– 2019. – № 1.
– P. 19 - 24.
DOI: 10.25136/2409-7136.2019.1.27430 URL: https://en.nbpublish.com/library_read_article.php?id=27430
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Abstract:
In his article Iliasov touches upon particular theoretical and practical issues and rules of tacit admission aimed at improving competiteveness in arbitral proceedings. He analyzes the provisions of Part 3.1 of Article 70 of Arbitral Procedural Code of the Russian Federation that allows the court to recognize circumstances the other party refers to in order to prove their requirements or complains in case these circumstances have not been contested or disputed or other proofs of their disagreement. The research methodology includes general research methods such as analysis, synthesis, generalisation, analogy and special research methods (formal law). As a result of the research, the author concludes that the aforesaid novella is an example of inconsistent changes of arbitral proceedings that may lead to the impairment of rights of participants. The practical importance of the research is that the results can be used to prepare legal acts in the field of the procedural law.
Citations count: 2
Reference:
Trofimov E.V., Metsker O.G. —
Indicators for optimization of legislation and law enforcement, methods of their identification and usage based on big data (experience of computational experiments on the judicial acts on administrative offenses established by the Chapter 18 Of the Code of Administrative Offenses of the Russian Federation)
// Legal Studies.
– 2020. – № 9.
– P. 33 - 46.
DOI: 10.25136/2409-7136.2020.9.34149 URL: https://en.nbpublish.com/library_read_article.php?id=34149
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Abstract:
The subject of this article is the research tools and assessment methods with regards to optimization of legislation and law enforcement. The paper reveals the experience of computational experiments on the judicial acts on administrative offenses established by the Chapter 18 of the Code of Administrative Offenses of the Russian Federation. The research employs various computer methods, including knowledge modeling, methods of natural language processing and machine learning, as well as the related within the framework of interdisciplinary paradigm methods of systemic analysis and expert assessment. Computational experiments were conducted on the empirical basis formed out of texts of 50,438 judicial acts. On the example of big data on administrative offenses, the article demonstrates the interdisciplinary (from computer and legal perspectives) interpreted results in the context of usage and identification of a number of indicators for optimization of legislation and law enforcement, primarily – time indicator, indicator of individualization of punishment, and indicator of subject uniformity. The conclusions and generalizations are made pertaining to legislation and law enforcement in this area under consideration. Computational methods and the set of indicators can be the groundwork for making decisions in law policy. The advantages of the proposed methodology consist in objectivity of the conclusions that based on methodology open to public verification, as well as big legal data that ensures accuracy of research.
Citations count: 2
Reference:
Makarov V.O. —
Practical issues of implementation of the institution of regulatory sandboxes into the Russian legislation in the context of enactment of the Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”
// Legal Studies.
– 2020. – № 11.
– P. 18 - 25.
DOI: 10.25136/2409-7136.2020.11.34587 URL: https://en.nbpublish.com/library_read_article.php?id=34587
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Abstract:
This article reviews the topical practical issues of implementation of the institution of experimental legal regimes into the Russian legal system due to adoption of the new Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”. The author analyzes the social context that changed in the course of discussion and revision of the draft law, as well as examines the problems of harmonization of the current legislation with the new legislation. The question is raised on the adequacy of exceptions with regards to processing of personal data for the participants of experimental legal regimes; the presence of parallel regulation of the sphere of digital innovations is indicated. Analysis is conducted on the legislative novels in the area of establishment and regulation of experimental legal regimes in the Russian Federation. The conclusion is made on the timeliness of adoption of the Federal Law “On Experimental Legal Regimes in the Sphere of Digital Innovations” and feasibility of usage of its legal mechanisms in the changing conditions caused by the spread of coronavirus infection COVID-19. The need is underlined for determination of the hierarchy of sources and model of legal regulation for the experimental legal regimes to exclude parallel regulation of the uniform social relations by various federal laws, as well for further elaboration of special legislative norms on personal data protection applicable to experimental legal regimes that involve big data analysis.
Citations count: 2
Reference:
Nikulin V.V. —
Soviet civil legislation and judicial procedure at the time of the New Economic Policy: correlation among law, economics and politics.
// Legal Studies.
– 2013. – № 8.
– P. 26 - 64.
DOI: 10.7256/2305-9699.2013.8.9098 URL: https://en.nbpublish.com/library_read_article.php?id=9098
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Abstract:
The article concerns conceptual ideas of correlation among politics, law and economics in the civil legislation and judicial procedure at the time of the New Economic Policy. The author analyzes the correlation between the political doctrine of the Bolsheviks with the civil legislation, showing specific manifestations of class policy within the civil legislation system in the Soviet Russia in 1920s. It is proven that politicized law of the Soviet Russia defined class-based approach towards the principles of civil legislation. Due to the class-based approach the motivation by economic stimulae was less efficient, and it influenced the business activities in the private economic sector. In the absence of any guarantees of private property a stable framework of legal behaviour and attitude to law was formed, and it was mostly a nihilistic one. The people wished to get by the law, gain profits by unlawful mean, and it lead to conflicts between economic interests of the state and the private capital. It is stated that throughout the period of the NEP the problem of legislative limitation of private capital was not solved. All of the Decrees of the 1920s included political elements, and it limited the freedom of economic activities. The problem of legal guarantees of proprietary rights as a basis for entrepreneurial activity was also not solved. It is stated that the institution of civil law liability was mostly class-oriented in the Soviet Russia. That is why, the judicial practice in this sphere was biased towards entrepreneurs, its typical feature was "class-related judicial simplification", which was manifest in decisions and actions of the courts outside the scope of law. In fact, the law was substituted by political positions, when the courts made politically motivated decisions instead of dealing with the facts of a case.
Citations count: 2
Reference:
Zvyagin V.N., Fomina E.E., Rakitin V.A. —
Fundamentals for the computer point-digital model of dermal glyphic characteristics of the phalangettes.
// Legal Studies.
– 2014. – № 2.
– P. 95 - 104.
DOI: 10.7256/2305-9699.2014.2.9966 URL: https://en.nbpublish.com/library_read_article.php?id=9966
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Abstract:
Over 20 years of development of Russian judicial medical dermal glyphic studies show that the it may be applied only via creating computer software. It is undoubted that the "Dermatogliphica" software, which was developed in 124 SML in 1996 was a significant achievement of the practical dermal glyphic studies. However, search and definition of elements was by visual examination, and marking was done by hand, which included a subjective element into the complex of identification issues resolved based on dermal glyphic studies. The article is aimed at minimizing the influence of subjective factor when interpreting dermal glyphic elements. In order to create such a classification, new decisions on structural basis for the papillary pictures and their coordinate basis, method for the ridge count and other characteristics of the papillary pictures. Dermal glyphic studies and dactylography have many classifications, which were developed depending on the goals, which needed to be achieved in a certain branch of science (clinical medicine, judicial medicine, criminalistic anthropology, etc.). That is why there is a large variety of sub-types of curves, loops and curls depending on height and orientation of the pattern, its symmetry or assymmetry, forms and structure of lines in the central part of the pattern and other characteristic features, reflecting the details in the structure of the papillary pattern, and this work includes an attempt to provide their mathematical description.
Citations count: 2
Reference:
Chufarova E.N. —
Language of Law in 'Language-Speech' Dichotomy
// Legal Studies.
– 2018. – № 2.
– P. 1 - 7.
DOI: 10.25136/2409-7136.2018.2.25322 URL: https://en.nbpublish.com/library_read_article.php?id=25322
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Abstract:
The subject of the research is the language of law and particularities of the legal speech from the point of view of Ferdinand de Saussure's linguistic dichotomy. The aim of the research is the phenomena that we deal with when we speak of the languge of law, legal speech and law in general. Based on the author, adequate understanding of law texts depends on communicators' overall level of speech competence, their knowledge and concept of the world. Law communication cannot be based on this rule because therei is no particular addressee in law communication and law texts are usually oriented not only at professionals (lawyers) but also general public. The author of the article carries out a comparative analysis of the terms 'language' and 'speech', their definitions in academic researches and analysis of the term 'speech activity' applied to creation of new texts. The results of the analysis demonstrate that law can be expressed through both verbal and writing speech acts. Noteworthy that in this case language functions as a code or universum (standard rules) to be observed when creating all kinds of law texts. As a consequence, law speech acts, especially those in writing, do not only tend to rigid regulations and clearness but also maximum specification of described features, circumstances and conditions.
Citations count: 2
Reference:
Balanovskii V.V. —
Transcendentalism of Immanuel Kant as the Key to Understanding Specifics of Judge's Activity
// Legal Studies.
– 2019. – № 12.
– P. 44 - 52.
DOI: 10.25136/2409-7136.2019.12.31745 URL: https://en.nbpublish.com/library_read_article.php?id=31745
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Abstract:
The subject of the research is explication of Immanuel Kant's views on specifics of judge's activity. Despite the fact that the aforesaid issue was not so frequently discussed by the philosopher, it is still possible to find ideas in his works that are important for modern law enforcement practice and demonstrate why judges take certain decisions what principles they follow or must follow. The author of the article bases his research not only on Kant's works on practical philosophy (which is expectable because he speaks of philosophical-legal aspects of law enforcement) but also on theoretical philosophy. The main research method used by the author is the analysis of primary sources for the purpose of explication and reconstruction of Immanuel Kant's ideas that are of crucial importance for the solution of aforesaid issues. The scientific novelty is caused by the fact that never before Russian or foreign academic literature contained explication of Immanuel Kant's ideas about specifics of judges' activity. Meanwhile, this is a very important topic for the revitalisation of transcendental idealism ideas that have a powerful heuristic potential for the development of the modern philosophy of law. In particular, the author suggests to analyze activity of judges from the point of view of Imannuel Kant's teaching about abilities of judgement. Moreover, the author focuses on the definition of reflective justice that allows to define some peculiarities of the process of judge's decision-making process.
Citations count: 2
Reference:
Nikitina V.A. —
Information obligations of parties to a tenancy agreement in Russian and German law
// Legal Studies.
– 2017. – № 3.
– P. 61 - 71.
DOI: 10.7256/2409-7136.2017.3.22218 URL: https://en.nbpublish.com/library_read_article.php?id=22218
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Abstract:
The research subject is information obligations of parties to a tenancy agreement in Russian and German law. They consist in the information exchange between the parties to the agreement in various issues of tenancy relations including gaining the counterparty approval of certain declarations of will of another party. Special attention is given to the requirements to the form and the terms of submitting legally material messages and parties’ responsibilities for information obligations breach. To study legal regulation of information obligations of parties to a tenancy agreement and law enforcement practice in this field in Russia and Germany, the author applies the comparative-legal method. The author attempts to consider a tenancy agreement parties’ obligations to bring the legally material information to another party’s notice, to compare these obligations in German law, and to define the extent of their legal regulation. The author concludes that, compared with the rules in Germany, in Russia the requirements in this field are not detailed enough, and therefore are double-edged. The author offers the measures to eliminate these legal gaps.
Citations count: 2
Reference:
Belikova K.M. —
Responsibility of scholars for engineering, development and implementation of the technologies for euthanasia: certain aspects
// Legal Studies.
– 2020. – № 5.
– P. 12 - 24.
DOI: 10.25136/2409-7136.2020.5.33276 URL: https://en.nbpublish.com/library_read_article.php?id=33276
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Abstract:
The subject of this research is certain aspects of responsibility of the scholars for engineering, development and implementation of the technologies for euthanasia. The author raises the questions: whom the scholar is responsible to (his conscience, future and currently living generations), for what (scientific components of his development/discovery, their application and consequences), what type of responsibility (moral, legal). The author seeks answers on the basis of studying, scientific comprehension and analysis of the developing and existing mechanism, methods, and means for euthanasia as legally permitted or prohibited in the medical establishments. The ideas underlying the support and implementation of euthanasia are examined. The scientific novelty is substantiated by articulation of the problem: responsibility of a scholar (medical personnel, etc.) with regards to the practice (ban of a number of aspects in the practice) of euthanasia on the example of legislation of the countries, in which it is allowed (was allowed) or unwelcomed. Among the formulated conclusions is the idea that any approach is based on persuasions of a person; there is not special morality, a scholar always remains a human, with all the weaknesses and strength. Namely these persuasions lead the licensed medial practitioners toward creation of technologies, means and methods for alleviation of suffering and acceleration of death.
Citations count: 2
Reference:
Zhevnyak O.V. —
Digital platforms as a type of economic market relations and the reflection of this aspect in the legal regime of digital platforms
// Legal Studies.
– 2023. – № 8.
– P. 96 - 127.
DOI: 10.25136/2409-7136.2023.8.43646 EDN: WTHVTJ URL: https://en.nbpublish.com/library_read_article.php?id=43646
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Abstract:
The article analyzes the characteristics of a digital platform as a type of economic market relations, identifies those that have legal significance, and models a system of elements of the national legal regime of digital platforms in Russia that reflect these characteristics. The research methodology is based on the fact that the digital platform has different aspects of understanding. The article provides an analysis of the economic understanding of the digital platform, which is also not unambiguous: the platform is studied as a type of economic relations. Based on the analysis, conclusions are drawn about the main characteristics of the platform economy, which have legal significance. Further, the legal model of these characteristics is formulated. The scientific novelty is in the modelling of the national legal regime of digital platforms in Russia based on the analysis of the digital platform as a type of economic relations, as well as in specific conclusions regarding the legal significance of the characteristics of digital platforms: a system of contractual relations that develop on the digital platform is built, depending on the participants in the relationship and the function contracts; the presumption of the legal regime of the accession agreement for agreements concluded between users and the platform operator is proposed; it is proposed to introduce into the legal mode of the digital platform the right of the operator to declare the platform open or closed; if the platform operator declares it open, the contracts concluded with him should be subject to the regime of public contracts, which should be specified in the legislation; it is necessary to include in the legal regime of digital platforms the norms on categories of consumers for which other conditions of a public contract can be determined, taking into account their economic loyalty and other factors justified from an economic and social standpoint; the relationship between the platform operator and its users may be mediated by contracts for the provision of services free of charge, which should not deprive the user of the legal status of a consumer.
Citations count: 2
Reference:
Rouvinsky R.Z. —
Nation state facing the challenges of the XXI century: the overview of main political and legal problems.
// Legal Studies.
– 2014. – № 5.
– P. 1 - 11.
DOI: 10.7256/2305-9699.2014.5.11971 URL: https://en.nbpublish.com/library_read_article.php?id=11971
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Abstract:
One of the most serious issues in the modern social sciences is the problem of state. While being an "eternal" topic for the legal studies and political philosophy, the problems of state, statehood, attitude to state power currently are facing a challenges of a total new quality. These challenges in the sphere of modern understanding of statehood require detailed evaluation. This article includes a brief overview of the most important problems and contradictions, influencing the statehood in the XXI century. The methodological setting of the study is dialectic, and it is reflected by the attempt to evaluate the matters in their development and internal contradictions. For his work the author used the problem-categorical attitude allowing for the most significant elements of the object of studies. The study develops the ideas, which were provided by the leading representatives of the modern Russian and foreign political and legal sciences. The author points out the transforming influence of the economic globalization processes upon the structure, functions and potential of the state institutions, noting the limitations to the sovereignty of the states, making the state sovereignty and unimportant ideological phantom. The author then characterizes the state erosion processes on vast territories (Iraq, Haiti, Mali, Somali, Sudan, Ukraine, etc.). The author offers a critical evaluation of the spread of requirements for the "democratization" of a state, lowering the role of state in the public life.
Citations count: 2
Reference:
Ivanov V.Y. —
On theoretical aspects of using the concept of digital footprint in forensics
// Legal Studies.
– 2020. – № 7.
– P. 75 - 80.
DOI: 10.25136/2409-7136.2020.7.33682 URL: https://en.nbpublish.com/library_read_article.php?id=33682
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This article examines the theoretical problem of formulating a definition for new type of traced manifested in computer space. The subject of this research is concept of digital footprint. Special attention is paid to different approaches of forensic specialists towards interpretation of trace pattern formed as a result of a crime committed with the use of technical devices, including the Internet. Analysis is conducted on various opinions of forensic specialists dealing with this problem. The author provides and substantiates the original opinion on introduction of the term “digital footprint”. The conclusion is formulated on the need to accept digital footprint as most appropriate term for describing any type of trace manifested in computer space, including the Internet. The article also presents an original definition of such type of trace intelligible to general audience. The author indicates the trends and prospects in formation and further development of the new branch of forensic technology – “forensic examination of digital footprint". The proposed conclusions may be valuable in scientific and educational activity.
Citations count: 2
Reference:
Sekretaryov R.V. —
Actual Problems of Russian Legislation on Freedom of Conscience in the First Quarter of the XXI Century.
// Legal Studies.
– 2022. – № 8.
– P. 27 - 40.
DOI: 10.25136/2409-7136.2022.8.38465 EDN: UAEZPS URL: https://en.nbpublish.com/library_read_article.php?id=38465
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Abstract:
The object of this scientific research is state-confessional relations at the federal and regional levels, as well as the relationship between local governments and religious organizations and law enforcement practice. Sects and cults can be studied from the point of view of sociology, history, religious studies, psychology. But if such a phenomenon as sects and cults is present in public life, it must also be properly regulated by legal norms.
The subject of the study is regulatory legal acts of the Russian Federation and the subjects of the Russian Federation, as well as municipal legal acts regulating various aspects of the activities of religious organizations. Since 1997, the Federal Law "On Freedom of Conscience and on Religious Associations" (hereinafter – Federal Law No. 125-FZ) has been in force in Russia. If we analyze the legislation that regulates public relations in the sphere of the realization of the right to freedom of conscience and freedom of religion, as well as the legal status of religious organizations, then, in our opinion, one of the problems that, despite its undoubted relevance, has not received due attention from the domestic legislator to date, is the problem of the use of terms "(totalitarian) sect", "(destructive) cult". Along with the formal legal method, such methods of scientific cognition as induction, deduction, hypothesis, analogy were used in the preparation of the study. In addition, typology, classification and systematization were used as auxiliary methods.The scientific novelty of the research is a comprehensive analysis of the legal regulation of the activities of "new religious organizations", synonymous with the concepts of "(totalitarian) sect", "(destructive) cult" in everyday life, and sometimes in normative legal acts. As the main result of the research undertaken, the author suggests specific measures for both point-by-point changes in the current legislation and complex changes in the model of state-confessional relations as a whole.
Citations count: 2
Reference:
Kabanov P.A. —
Corporate victims of Russian criminality: criminological analysis of victimological statistics for 2009-2013
// Legal Studies.
– 2015. – № 3.
– P. 52 - 70.
DOI: 10.7256/2409-7136.2015.3.14420 URL: https://en.nbpublish.com/library_read_article.php?id=14420
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The object of the research are corporate victims (legal entities).The aim of the research is to identify the trends within Russian criminality which characterize its negative consequences for legal persons during the period from 2009 to 2013 on the basis of official victimological statistics.The research objectives are: a) description of the general trends characterizing quantitative changes in crimes committed by legal entities; b) description of trends within particular types of crimes related to damnification to legal entities; C) predicting the changes in corporate victimization in the nearest future.The methodology of the study is based on dialectical materialism and the general scientific methods: analysis, synthesis, comparison, and others. The scientific novelty of the research consists in the fact that for the first time in Russian forensic science the author investigates the phenomenon of corporate victims using the official statistics and describes the main trends of negative consequences for legal entities caused by different types of crime. This study allows launching the formation of Russian corporate victimology as a particular victimological theory.
Citations count: 2
Reference:
Shugurov M.V. —
Key directions of legal education transformation in the context of the European Higher Education Area
// Legal Studies.
– 2015. – № 6.
– P. 69 - 106.
DOI: 10.7256/2409-7136.2015.6.14835 URL: https://en.nbpublish.com/library_read_article.php?id=14835
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Abstract:
The subject of the research is the analysis of the influence of the European Higher Education Area principles on the modernization of content and forms of legal education in European states, including Russia. The author analyzes the documents forming the guidelines of evolution of education in the framework of the Bologna process. Special attention is also paid to the changes which in terms of globalization affect law, the legal profession, and higher legal education. Moreover, the author studies the guidelines and motives of the European higher legal education area formation which in terms of transnationalization of social relations lead to the appearance of common standards in the training of jurists aimed at their adaptation to a broadening labor market. As a methodological base the author uses the dialectics of the general and particular which is extrapolated on the sphere of legal education in the conditions of regional integration. Another methodological base is the axiological approach which allows understanding the changes in the world-view dimension of the modern legal education. The main conclusion of the study lies in the understanding of correlation between fundamental and applied aspects in the process of training of jurists. The author demonstrates the basic principles of legal education modernization formed of the principles of mobility and student-orientedness. Special contribution of the author is the conclusion that legal education is becoming the key factor of the formation of the society on the principle of rule of law.
Citations count: 2
Reference:
Kudelkin N. —
The Arctic and global warming: adaptation to climate change and environmental protection
// Legal Studies.
– 2022. – № 1.
– P. 1 - 16.
DOI: 10.25136/2409-7136.2022.1.37049 URL: https://en.nbpublish.com/library_read_article.php?id=37049
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Abstract:
The subject of this research is the legal norms that regulate social relations arising in the context of implementation of measures aimed at global warming prevention and adaption to climate change. The goal of this work lies in formulization of theoretical and practical conclusions and recommendations for the improvement of legal regulation in this sphere based on the analysis of legislation, policy documents of different countries, as well as information and data pertinent to climate change. Methodological framework is comprised of the logical techniques, means of cognition, general scientific and special methods, such as analysis, synthesis, analogy, deduction, induction, comparative-legal, formal-legal, etc. The relevance of this topic is substantiated by the continuous global warming worldwide, particularly the temperatures in the northern polar region. At the same time, the experts note that the efforts made by the international community to reduce greenhouse gas emissions neither decelerate the global warming, nor reduce the concentration of such gases. This means that that the efforts should be aimed at adaptation to the new climatic realities. The article examines the questions related to climate protection, as well as adaptation to climate change applicable to the Arctic. A number of theoretical and practical conclusions and recommendations are made. For protection of the Arctic environment in the conditions of changing climate, it is necessary to stipulate in the Russian legislation such legal instrument as the strategic environmental assessment, at least for projects implemented in the Arctic Zone of the Russian Federation.
Citations count: 2
Reference:
Kurbanov R.A. —
Regional integration in Africa: Central African Customs and Economic Union
// Legal Studies.
– 2015. – № 4.
– P. 120 - 131.
DOI: 10.7256/2409-7136.2015.4.14843 URL: https://en.nbpublish.com/library_read_article.php?id=14843
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Abstract:
Integration processes are now the integral part of global development. Virtually, all modern states are participating in at least one regional association, and often in several at once, depending on the objectives pursued by the organization.The African continent is not an exception, where the history of the integration process accounts for decades. Initially, the regional associations had been created among the countries in the basins of the rivers. Later the associations covered the entire regions of the continent - Central Africa, Southern Africa, West Africa etc. Finally, the currently existing African Union includes virtually all states of the African continent.Many of the previously created associations are not existing now, but their experience and achievements can serve for the efficient development of the existing regional organizations.One of those organizations was the Central African Customs and Economic Union, created in 1964 and existed until 1999.The analysis of UDEAC activity is important for two reasons. Firstly, it is the first successful example of regional association on the African continent. Secondly, it has become the base for the most successful African regional organization - the Economic and Monetary Community of Central Africa (CEMAC).
Citations count: 2
Reference:
Ageev V. —
The Board for coordination of struggle against corruption in the territorial subject of the Russian Federation: the main objectives and the mechanisms of their achievement
// Legal Studies.
– 2016. – № 4.
– P. 1 - 10.
DOI: 10.7256/2409-7136.2016.4.18121 URL: https://en.nbpublish.com/library_read_article.php?id=18121
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Abstract:
The research object is the Model provision on the Board for coordination of struggle against corruption in the territorial subject of the Russian Federation consolidated by the Presidential Decree of 15 July 2015 No 364 “On the measures of struggle against corruption organization improvement”. The research subject includes the main objectives of the Board for coordination of struggle against corruption in the territorial subject of the Russian Federation. The author considers the issues of the state anti-corruption policy, the order of interaction of the Board with other governmental entities in the sphere in question. The research methodology is based on the statutory instruments of the Russian Federation and its territorial subjects, and the works of Russian scholars. The author applies general and special scientific research methods. The novelty of the study is determined by the absence of works in this problem field. The author comes to the conclusion that with the issue of the decree of the President of the Russian Federation of 15 July 2015 No 364 “On the measures of struggle against corruption organization improvement” the certain vertical is being built in the anti-corruption system of the Russian Federation and its territorial subjects. But the mechanism of implementation of the Board’s tasks, established by the Decree, requires a more detailed elaboration.
Citations count: 1
Reference:
Sekretaryov R.V. —
On the Issue of Improving Land Legislation
// Legal Studies.
– 2023. – № 1.
– P. 74 - 85.
DOI: 10.25136/2409-7136.2023.1.38910 EDN: BKRBNG URL: https://en.nbpublish.com/library_read_article.php?id=38910
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Abstract:
The author considers problematic issues of land use, including agricultural land. The methodological aspects of the definition of land relations are investigated. Both theoretical studies and actual judicial practice are analyzed. Carrying out the selection of arbitration practice on the problem raised in the article, the author tried to pick up cases that are problematic from the point of view of the qualification of land legal relations. The author is convinced that the theoretical understanding of the most typical court cases should have a practical effect not only for the subjects of law enforcement activity, but also for the legislator, since it is from the solution of specific incidents that it is often possible to draw a conclusion about (not) satisfactory legal regulation of the relevant sphere of public relations. The scientific novelty of the undertaken research is the analysis of current judicial practice on disputes in the field of land use, as well as proposals for point-by-point improvement of land legislation.
The object of this study is legal relations related to the emergence, modification and termination of land rights in the Russian Federation. The subject of the study is regulatory and administrative legal acts defining the procedure for the acquisition, use and termination of land rights and relevant judicial practice.
The author used the formal legal method as the main method of scientific cognition in the preparation of the article. In addition, the following methods were used: hypothesis, deduction, induction, typology, classification, structural method of legal modeling.
Citations count: 1
Reference:
Kudelkin N. —
A Conceptual Approach to Improving the Legal Regulation of Environmental Protection and Nature Management in the Arctic
// Legal Studies.
– 2022. – № 12.
– P. 53 - 66.
DOI: 10.25136/2409-7136.2022.12.39554 EDN: OGHSQR URL: https://en.nbpublish.com/library_read_article.php?id=39554
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Abstract:
The subject of the work is the legal norms regulating social relations that arise in the process of environmental protection and the implementation of various activities in the Arctic, as well as data on the features and state of nature of the Arctic region. The aim of the work is to formulate a special concept aimed at protecting the environment and ensuring rational use of natural resources, which can be used to improve legal regulation in these areas. The methodological basis of the study was a system of various methods, logical techniques and means of cognition; general scientific, private and special methods were used in the process of work. Such as analysis, synthesis, analogy, deduction, induction, formal legal and others. The relevance of the research topic is indicated by the fact that the Arctic is a unique region of great importance both for the environment of the planet and for various aspects of human life. At the same time, the Arctic nature is characterized by increased sensitivity to various impacts, such as economic activity and climate change. Accordingly, the Arctic region needs special legal regulation of environmental protection and nature management. The paper gives a general description of the Arctic region. The main threats to the Arctic environment are considered on the example of the Arctic zone of the Russian Federation. The main result of the work is the special concept proposed in it, aimed at protecting the environment and ensuring rational use of natural resources in the Arctic. At the same time, the main idea of the concept is to create a single natural and ecological framework of the Arctic. The paper emphasizes that the application of this concept for the improvement and development of domestic legislation should not only increase the level of nature protection in the Arctic, but also contribute to ensuring the interests of the country for the sustainable development of the region.
Citations count: 1
Reference:
Zurnachyan A.S. —
Development of the Armenian law in the early modern period (XV-XVIII centuries).
// Legal Studies.
– 2014. – № 6.
– P. 50 - 115.
DOI: 10.7256/2305-9699.2014.6.12090 URL: https://en.nbpublish.com/library_read_article.php?id=12090
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The article concerns the main monuments of Armenian law, which were created in the early modern period in various states, and which predefined to a great extent the development of modern legal, social and political thought. The merited representatives of the Armenian communities in many countries in the world have created sources (monuments) of law, which reflected the best elements of national legal culture and the achievements of the leading legal systems of the world. Among the most striking and important monuments of Armenian law one may mention the Astrakhan Armenian Judicial Charter, Trap of Ambition (Vorogait Parats) by Shaamir Shaamiryan, which was the draft Constitution of Armeina and acts of the Armenian court in Kamenets-Podolskiy. The author analyzes the contents of these acts, their structure and role in the life of Armenian community.
When writing the article the author used special methods, such as historic legal method, comparative historic method, comparative legal method, formal logical method, systemic method. Appliction of the combination of these methods has allowed for a comprehensive solution in order to achieve the goal of research. The said period of XV - XVIII centuries may be characterized with the large-scale migration of the Armenian people. The colonies in Russia, India, Ukraine, Poland, Italy and other states played important roles in preservation of the national identity of the Armenians, development of their culture and law.
It probably may be stated, that being an important input into the history of Armenian legal studies, the Judicial Charter of the Astrakhan Armenians of XVIII century is at the same time the monument of Armenian law, reflecting the centuries of friendship between Armenian and Russian peoples. The Judicial Charter of the Astrakhan Armenians in fact was applied as one of the local law sources in Russia, thus, having a worthy place within the system of Russian law in the issues of regulation of the relations in the Armenian colonies in Astrakhan, Mozdok, Kizlyar and other places. The Judicial Charter of the Astrakhan Armenians of 1765 was published in 1967 in Armenian language, but it was never translated or published in a full volume in Russian language. For the analysis of the norms of this Judicial Charter the author translated its text into Russian language.
Currently most of the scientists recognize the Trap of Ambition (Vorogait Parats) of Shaamir Shaamiryan to be the draft Constitution of the independent Armenian state. However, we came to the conclusion that this document is both aimed into the future, and includes many issues, allowing to characterize it as a legal mechanism for the organization of the Armenian national liberation movement of the relevant time and place.
The acts of the court of Kamenets-Podolsk also serve as an important monument of development of the Armenian law. They are the primary sources, as formed in the process of judicial proceedings, and they clearly show the process of application of law in the activities of the judicial body. They reflect the issues of legal regulation of private relations in the Armenian reality of the time. Analysis of these acts allows one to state that Armenian colonies wherever they were organized did not forget their culture and their roots, trying to regulate their life abroad based upon the traditions, law and other principles provided by their ancestors.
Citations count: 1
Reference:
Kabanov P.A. —
The concept and the content of anti-corruption education as a means of prevention of corruption
// Legal Studies.
– 2015. – № 2.
– P. 12 - 27.
DOI: 10.7256/2409-7136.2015.2.14150 URL: https://en.nbpublish.com/library_read_article.php?id=14150
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The subject of the research is anti-corruption education as a means of prevention of corruption used in modern Russian anti-corruption legislation, subordinate legislation, scientific and educational literature. The objective is to develop and offer a theoretically grounded definition of anti-corruption education as a scholarly legal category and reveal its contents. The research objectives are: a) on the base of the analysis of regional anti-corruption legislation and normative acts to identify the main features of anti-corruption education as a means of prevention of corruption; b) on the base of the identified characteristics to give a working definition of anti-corruption education as a means of prevention of corruption; b) to disclose the content of anti-corruption education as a means of preventing corruption. Methodological basis of the study is dialectical materialism based on scientific methods of knowledge: analysis, synthesis, comparison, and other used in legal Sciences. Scientific novelty of the research lies in the fact that the author based on the structural analysis of the legal and scientific definitions of anti-corruption education, formulated in the regional legislation of the Russian Federation, as well as in the scientific, educational and reference books, proposed a new definition of anti-corruption education. It differs significantly from the previous definitions and reveals its contents.Practical significance of the research: scientific category of anti-corruption education allows to reveal the content of this activity and may contribute to further research.
Citations count: 1
Reference:
Krasnova K.A. —
Criminal liability for bribery in the EU member-states
// Legal Studies.
– 2015. – № 8.
– P. 76 - 94.
DOI: 10.7256/2409-7136.2015.8.15494 URL: https://en.nbpublish.com/library_read_article.php?id=15494
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The author considers the issues of criminalization of bribery in criminal legislation of the EU member states focusing on the implementation of international legal norms about the responsibility for subornation of foreign and international officials in national criminal legislation. Special attention in article is paid to the interpretation of the concept "official" and other signs of structure of bribery in criminal laws of the EU member states. The author differentiates mediation in bribery and traffic of influence. The study of criminal-legal provisions about the responsibility for bribery in the member states of the European Union is carried out on the basis of the comparative-legal method which allowed to study the general and specific regularities of criminalization of bribery in certain countries of the EU. The research allows formulating the following conclusions: bribery as a form of manifestation of corruption is criminalized in all member states of the European Union; legal norms establishing criminal liability for bribery are various; bribery as a generalized concept includes two independent but inseparably interrelated acts – giving and accepting bribes (respectively active and passive bribery); in most European countries the legislator estimates accepting of bribe as more dangerous act than giving and, respectively, establishes tougher measures of criminal liability for passive bribery.
Citations count: 1
Reference:
Krylov A.A. —
Legal aspects of the phenomenon of strategic partnership as a special form of economic relations between Russian Federation and other countries
// Legal Studies.
– 2020. – № 4.
– P. 62 - 72.
DOI: 10.25136/2409-7136.2020.4.32909 URL: https://en.nbpublish.com/library_read_article.php?id=32909
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The subject of this research is the review of the phenomenon of strategic partnership between the countries through the prism of normative legal regulation. The goal consists in comprehensive examination of the normative base of strategic partnership for extraction of the practically applicable conclusions. The results of the conducted research lies in formulation of the term of strategic partnership, as well as a list of recommendation on the improvement of existing legislation in the area of regulation of international economic relations. The article carries a cross-disciplinary character, since simultaneously touches upon several branches of law: administrative law, international law, and economic law. The acquired information can be used by a wide circle of scholars in the field of international economic relations, as well as by government officials for adjustment of the existing international agreements. The author concludes on the objective need to reform the system of international normative legal regulation of strategic partnership with regards to clarification of formulations, terminology, as well as implementation of quantitative and qualitative target indicators.
Citations count: 1
Reference:
Tokarchuk R.E. —
Public danger as a general principle of criminal law and criminal responsibility
// Legal Studies.
– 2012. – № 1.
– P. 126 - 142.
DOI: 10.7256/2305-9699.2012.1.51 URL: https://en.nbpublish.com/library_read_article.php?id=51
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The article analyzes the influence of the general principles of criminal responsibility on the constructions used in the criminal law, the author studies the facts of inferiority of the principles provided for in the Criminal Code of the Russian Federation. The existing socially determined structures of the criminal law are contrary to the principles of criminal liability. It is concluded that within the very matter of criminal law there is another principle that is still not provided for due to its evidence. This is the principle of public danger, being a natural general principle of criminal law and criminal liability.
Citations count: 1
Reference:
Silaeva N.A. —
Prevention of crimes against the political system of the Russian Federation (some special measures).
// Legal Studies.
– 2013. – № 3.
– P. 155 - 182.
DOI: 10.7256/2305-9699.2013.3.542 URL: https://en.nbpublish.com/library_read_article.php?id=542
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This article presents analysis of special measures of prevention of crimes against the political system of the Russian Federation, including organization, administration, social, psychological and other measures. In particular, the author views such organization and administration measures as complex criminological studies on this issue, organization of efficient international cooperation of states and their law-enforcement bodies in the sphere of crimes against the political systems of the Russian Federation, training and advanced training of the staff, working in this sphere, coordination of prophylactic work against such crimes in the Russian Federation, guaranteeing efficient control over arms turnover in Russia and urgent prevention of unlawful turnover of arms by the law-enforcement bodies. Among the social and psychological measures, the author points out the measures, which are aimed at the formation of the calm attitude among the population, assurance in their security, readiness for mutual aid and assistance to the law-enforcement bodies. The author also studies special subjects of fighting the crimes against political system of the Russian federation, such as the federal government bodies of the Russian Federation, the government bodies of the constituent subjects of the Russian Federation, municipal self-government bodies, prosecution, courts, internal affairs bodies of the Russian Federation and their structural divisions.
Citations count: 1
Reference:
Shchedrin N. —
On corruption, corruptionists and corruption profit.
// Legal Studies.
– 2014. – № 3.
– P. 12 - 27.
DOI: 10.7256/2305-9699.2014.3.10983 URL: https://en.nbpublish.com/library_read_article.php?id=10983
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One of the causes of inefficient fighting against corruption in Russia is ambigous understanding of this legal matter by the lawmakers, law-enforcers and the population. The interpretation of corruption as provided by the Federal Law "On Fighting Corruption" is narrowed in accordance with the spheres, manifestations and types of normative regulation. The danger of corruption in the private sphere is not yet recognized by the public conscience. Nepotism, paternalism, favoritism, cronyism and other forms of use of public status in order to gain non-material profit are not regarded as corruption. The acts of corruption nature, violating ethical and corporate, rather than legal norms, are artificially brought out of the scope of negative evaluation and reaction of the society. In this article based upon the international documents and modern interpetations of the "public" element the author provides critical analysis of the definition of corruption as provided for in Art. 1 of the Federal Law "On Fighting Corruption". The author substantiates the need to amend the current wording of the said article and offers a new text with a "unfolded" definition of corruption, including the basic terms, such as "persons in possession of a public status", "profit", "interests of society and state", "corruption offence", "corruption crime".
Citations count: 1
Reference:
Gao Y., Bolotov M.V. —
Legal aspects of ensuring national security in the sphere of subsoil use of natural gas in Russia and China
// Legal Studies.
– 2022. – № 2.
– P. 1 - 17.
DOI: 10.25136/2409-7136.2022.2.37382 URL: https://en.nbpublish.com/library_read_article.php?id=37382
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In the current context, the goals of Russia and China in achieving "carbon neutrality" by 2060 and strengthening their own energy resource and environmental security, the comparative study of the laws on transition towards low-carbon energy sources and new environmental standards declared by both countries is relevant and urgent. The subject of this research is measures to reform legislation in the sphere of exploration and extraction of natural gas in Russia and China, which can be divided into the following aspects: reform of the legislative system on the mineral resources and competitive transfer of the right to use the subsoil plots, reform of the law "On Foreign Investment" and definition of state strategic mineral resources, legal system of environmental protection, and reform regarding the protection of environmental resources in the mining districts. Based on comparative research in various legal disciplines, the author generalizes and analyzes the similarities and differences in ensuring resource and environmental security in Russia and China. This article summarizes the experience and shortcomings of Russia and China in maintaining balance between the national resource security and environmental security aimed at the achievement of "carbon neutrality". Stemming from the fact that both countries manage the appropriate resource and environmental security, China should adopt the Russian experience and transform the administrative provisions of the lower level associated with the protection of resources and environmental security into legislative acts, in order to enhance their law enforcement, compulsory and deterrent authority. Russia, in turn, should also resort to the experience of China in implementation of the factors of market competition in the sphere of exploration of oil and gas, as well as encourage and motivate foreign or domestic private capital to contribute to oil and gas exploration and help Russia to upgrade its equipment and boost production.
Citations count: 1
Reference:
Sabanina N.O., Ermakov D.S., Popov S.A. —
On the issue of improving the legislation regulating the bankruptcy procedure of legal entities
// Legal Studies.
– 2022. – № 6.
– P. 1 - 11.
DOI: 10.25136/2409-7136.2022.6.37624 EDN: HJVEST URL: https://en.nbpublish.com/library_read_article.php?id=37624
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In the conditions of the observed economic turbulence caused, among other things, by coronavirus restrictions, there is an increase in cases of insolvency of economic entities. In addition, the legal landscape of bankruptcy of legal entities has undergone major changes. Confirmation of this provision is the fact that it is currently planned to introduce significant changes to federal legislation, the understanding of which actualizes the presented research topic. The object of the study is regulated by the norms of civil, arbitration procedural law, bankruptcy legislation, public relations that develop within the framework of the bankruptcy procedure of legal entities. The subject of the study is the theoretical and practical problems of the institute of insolvency (bankruptcy) of legal entities. The authors consider in detail such aspects of the topic as the problems faced by legal entities during the pandemic and their impact on the specifics of the bankruptcy procedure; doctrinal and legislative aspects of the etymological features of the categories "insolvency" and "bankruptcy", "signs of bankruptcy" and "criteria of bankruptcy"; issues related to the implementation of interim measures of the parties during the bankruptcy procedure, etc. Particular attention is paid to the analysis of the changes that the legislator plans to make to the law "On Insolvency (Bankruptcy)". The main conclusions of the study can be called the need for further elaboration by the lawmaker of the planned changes in bankruptcy legislation. The novelty of the results obtained is determined by the analysis of legislation and law enforcement practice in relation to the institution of bankruptcy in order to further develop recommendations on the application, interpretation and amendment of the relevant provisions of bankruptcy legislation.
Citations count: 1
Reference:
Gorokhova S.S. —
Using the trust management mechanism as a way to prevent conflicts of interest in the public service: the US experience
// Legal Studies.
– 2022. – № 7.
– P. 14 - 31.
DOI: 10.25136/2409-7136.2022.7.38520 EDN: CKLYRT URL: https://en.nbpublish.com/library_read_article.php?id=38520
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The subject of the study is the legislative and law enforcement experience of the United States in the field of using special types of trust management of property of civil servants and officials as a tool to overcome conflicts of interest in the public service.
The relevance of this study is confirmed by the fact that the United States, one of the few states that uses this tool, as well as the Russian Federation. However, in our country, the legal regulation of this institution is still not perfect enough, therefore, it is important enough to study the experience of those states where there is such a practice.
The work was prepared as part of the state assignment to the Financial University under the Government of the Russian Federation for 2022. The scientific novelty of the research is determined by the fact that currently there are practically no works containing an analysis of the institute in question.
In the course of the study, the following conclusions were made.The most developed, from the point of view of the legal regulation of the institution of trust management of the property of civil servants, is the legal regulation in the USA, where, in addition to the legislative consolidation of the very possibility of placing their assets in a trust (as an alternative to sale), there are detailed administrative regulations for the actions of employees, including, among other things, developed forms forms of documents for each stage of the procedure. For Russian legislation, a detailed regulation of the actions of civil servants in the situation with the transfer of property to trust management also seems very reasonable, since the current reference to the norms of civil legislation obviously does not satisfy the necessary regulatory need, which leads to significant difficulties in law enforcement.
Citations count: 1
Reference:
Aliev T.F. —
Issues of countering crimes committed using IT technologies
// Legal Studies.
– 2023. – № 10.
– P. 100 - 114.
DOI: 10.25136/2409-7136.2023.10.44173 EDN: BDIKBI URL: https://en.nbpublish.com/library_read_article.php?id=44173
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The subject of this study is the specifics of countering crimes committed using IT technologies. The purpose of the work is to consider and resolve certain aspects of countering IT crimes. The research methodology is based on general scientific and private scientific methods of cognition - dialectical, logical, statistical, comparative legal, formal legal. The relevance of the chosen topic has both theoretical and practical aspects of significance in modern realities. Thus, in the context of the informatization of society, it is important to protect information security from cyber threats. Unfortunately, in the modern world, information technologies are used not only by law-abiding citizens, which raises the question of ensuring national cybersecurity. To date, this type of crimes is interstate in nature due to the large number of their commission. Cybercrime is growing on a large scale, and this is confirmed by the following statistics: from 2014 to 2022, an almost fifty-fold increase in IT crimes was recorded (10 thousand against 510 thousand cybercrimes). The author of the presented article came to the conclusion that countering IT crimes should be carried out taking into account scientific and technological progress. Studying international experience, analyzing modern domestic methods of combating this category of crime, the author became convinced that it is important to use digital technologies in countering IT crimes, the use of which will help reduce both the number of commission of this kind of criminal acts and increase the percentage of detection of this category of crime. The author illustrates examples of how artificial intelligence can serve as a "faithful assistant" in the domestic practice of countering IT crimes. In addition, the priority is to improve the knowledge and skills of law enforcement officers to counteract this category of crime, at the same time it is necessary to carry out preventive measures to inform the population about the main criminal schemes of intruders.
Citations count: 1
Reference:
Kravtsov A.Y., Filimonov A.D. —
Russia's State Family Policy: Analysis of Current Legislation and Problematic Issues
// Legal Studies.
– 2023. – № 3.
– P. 105 - 118.
DOI: 10.25136/2409-7136.2023.3.40114 EDN: QPSALH URL: https://en.nbpublish.com/library_read_article.php?id=40114
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The subject of the study is the implementation of the state family policy in the Russian Federation, as an institution of family support, on the decent existence of which the functioning and development of any society and state directly depends. The authors consider in detail such aspects of the topic as the availability of a comprehensively elaborated regulatory framework as a foundation for the implementation of various measures laid down in the state family policy, including the provision of financial and economic measures aimed at supporting the family, as well as the preservation and strengthening of traditional family values (including countering the ideology of same-sex marriages, LGBT communities, childfree worldview, etc.). A special contribution of the authors to the study of the topic is the identification of legislative gaps in the regulation of certain types of family and legal relations, in particular in the regulation of marriage and family relations, countering the spread of same-sex marriages and sex change, as factors negatively affecting the strengthening and development of the family, the demographic situation in the Russian Federation. The result of the study is proposals to amend the current legislation of the Russian Federation regarding the grounds for refusal to register a marriage, invalidation of the marriage, as well as giving the prosecutor the authority to apply to the court with a statement of claim containing a requirement to recognize a marriage in which persons of the same sex are invalid. In addition, measures are proposed to strengthen counteraction to the propaganda of non-traditional views on gender identity (primarily among minors).
Citations count: 1
Reference:
Vakhrameev R.G. —
Legal regulation mechanism for the constitutional right to information
// Legal Studies.
– 2013. – № 12.
– P. 23 - 34.
DOI: 10.7256/2305-9699.2013.12.9854 URL: https://en.nbpublish.com/library_read_article.php?id=9854
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The article is devoted to the implementation of the constitutional right to information, it discusses the mechanism of legal regulation of this right through the prism of access to information on the activities of state government and municipal bodies. The article contains references to the most topical problems in the regulation of the right in question, as well as the latest legislative and practical tendencies, having to do with the further legal regulation of relations among the peole with regard to information. The article provides analysis of legal regulation mechanism, and specific elements are singled out. The author also compares the forms of implementation of the right to information and mechanism of its legal regulation. As the means to solve the practical problems the author offers to amend the Russian legislation, including the legislation having to do with the responsibility of the officials. The author then makes a conclusion on the dependency between the amount of information and the status of subject requesting such information, as well as the regime of the requested information.
Citations count: 1
Reference:
Lapaeva V.V. —
Privatization of socialistic property: constitutional and phylosophical legal analysis.
// Legal Studies.
– 2014. – № 2.
– P. 1 - 46.
DOI: 10.7256/2305-9699.2014.2.10985 URL: https://en.nbpublish.com/library_read_article.php?id=10985
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The article provides some approaches towards constitutional and philosophical legal analysis of problems regarding privatization of socialistic property. Evaluation of privatization in accordance with the Constitution of the Russian Federation is provided from the following standpoints: 1) departure from the constitutional provisions on equality of all people in court and under law; 2) violations of privatization legislation; 3) non-lawful (contradictory to the legal principle of formal equality) character of de-socialization of the socialistic property via its privatization. From the standpoint of philosophical legal approach the author substantiates the thesis that the socialist property in principle may not be transferred from the state to private owners (privatized), since by its nature it belongs to the society and not to the state. From that standpoint the author analyses the scientific and practical potential of the civilist concept - the concept of post-socialist social order, which is based upon the new form of individual (not public, and not private) property as a result of application of the legal principle of formal equality to the process of de-socialization of socialist property. The author substantiates the value of this concept for defining constitutional legal parameters for the social contract on property, without which normal economic and political legal development of the state is not possible.
Citations count: 1
Reference:
Agapov I.O. —
On the issue of creation of a system of lobbyists compulsory registration in the EU
// Legal Studies.
– 2015. – № 7.
– P. 35 - 51.
DOI: 10.7256/2409-7136.2015.7.15159 URL: https://en.nbpublish.com/library_read_article.php?id=15159
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The object of the research is a range of social relations emerging between the EU institutions and the representatives of various interests. The author studies the modern condition of lobbying regulation in the EU, reveals the problems of European legislators, and offers the ways of their solution. Moreover, for the first time in Russian bibliography, the author attempts to substantiate the necessity of creation of lobbyists compulsory registration by means of the doctrine of implied powers containing in the international law, and the doctrine of the nature of things (Natur der Sache) which is used in Germany. The author uses various methods, such as the historical method, the logical and the formal-juridical methods. The author holds an independent research of the problem of legal base of legislative regulation of lobbyist activity in the EU, outlines several variants of further actions of the EU for the creation of a compulsory lobby register. The author concludes that the problems which the EU bodies face in the course of creation of a model of legal regulation of lobbyist activity are not of a legal character but are determined by the resistance of the opponents of transparency increase in the European decision-making process.
Citations count: 1
Reference:
Parfenov A. —
The review of the foreign legislation in the sphere of language testing for the purpose of foreign citizens integration into the receiving society
// Legal Studies.
– 2016. – № 9.
– P. 13 - 40.
DOI: 10.7256/2409-7136.2016.9.20075 URL: https://en.nbpublish.com/library_read_article.php?id=20075
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The paper considers the issues of language and sociocultural integration of migrants in different European countries. The author analyzes the legal provisions concerning the compulsory linguistic integrational tests for the majority of migrants coming to the receiving country, and the minimum requirements to the level of communication skills of foreign citizens and stateless persons applying for any legal status. The author demonstrates the unified classification of formalized requirements to the command of the official language and the sociocultural background of the receiving society depending on the migration goals. The author reviews the legislative bases of nine European countries: Austria, Great Britain, Germany, Spain, Italy, the Netherlands, Finland, France and the Czech Republic, and concludes that in various situations in all the countries under consideration a foreigner should confirm the command of the national language and sometimes the cultural background of the receiving country. Consequently, the development of the modern Russian legislation concerning compulsory language tests and the knowledge of the history of Russia is in line with the European migration policy trend. The results of the study can be used for a further detailed consideration of the mechanism of legal regulation of social relations dealing with Russian as a foreign language.
Citations count: 1
Reference:
Zimneva S.V. —
Agreements on responsibility elimination or limitation for intentional breach of obligations: theory and law enforcement practice
// Legal Studies.
– 2017. – № 3.
– P. 39 - 51.
DOI: 10.7256/2409-7136.2017.3.21760 URL: https://en.nbpublish.com/library_read_article.php?id=21760
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The research subject includes the problems of conclusion and delivery of agreements on civil responsibility elimination or limitation. The author considers the legal nature and the conditions of conclusion of such agreements. Special attention is paid to the limits of terms of agreement on elimination or limitation of responsibility in accordance with the freedom of contracting principle. In order to reveal the essence of agreements on elimination or limitation of responsibility for intentional breach of obligations and to detect the factors conditioning the nullity of an agreement, the author analyzes the judicial practice of dealing with disputes deriving from agreements. The author applies general scientific and special research methods: formal logical, comparative-legal and technical legal methods. The author concludes that civil legislation doesn’t define the form of guilt, doesn’t formalize the signs of criminal intent or negligence. These circumstances complicate application of clause 4 article 401 of the Civil Code of the Russian Federation. The author formulates the conditions taken into account by courts considering nullity of agreements on elimination or limitation of responsibility. The author formulates the proposals for the purpose of judicial practice improvement.
Citations count: 1
Reference:
Derbysheva E.A. —
The legal certainty principle as a requirement of certainty of a legal provision
// Legal Studies.
– 2017. – № 2.
– P. 68 - 80.
DOI: 10.7256/2409-7136.2017.2.21970 URL: https://en.nbpublish.com/library_read_article.php?id=21970
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The research subject is one of the aspects of the legal certainty principle – certainty of a legal provision. Since a legal provision is a basic element of the legal regulation mechanism, its certainty predetermines the effectiveness of the mechanism as a whole. In this context, a legal provision is a key aspect of the legal certainty principle, and it’s important to study it. The article reveals the contents of certainty of a legal provision. Based on the practice of the Constitutional Court of the Russian Federation, the author considers the correlation of the categories “principle”, “requirement” and “criterion” in relation to certainty of a legal provision. The author applies the following methods of scientific cognition: analysis and synthesis, formal-logical and hermeneutical. The scientific novelty of the study consists in the detection and systematization of the components of certainty of a legal provision. The author concludes that certainty of a legal provision is at the same time a principle, a requirement, and a legal criterion. A legal provision complies with the legal certainty principle if every subject understands the consequences of his or her actions directly from the text of the legal provision, or in the result of its interpretation by the court or legal assistance. The author defines certainty of a legal provision.
Citations count: 1
Reference:
Antsiferov N.V. —
Constitutional entrenchment of individual duties in post-Soviet states: comparative legal analysis
// Legal Studies.
– 2017. – № 8.
– P. 1 - 13.
DOI: 10.25136/2409-7136.2017.8.23450 URL: https://en.nbpublish.com/library_read_article.php?id=23450
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Abstract:
The article is dedicated to the aspects of constitutional entrenchment of the duties of individuals as an important element of the constitutional status of a personality and a citizen in the post-Soviet states. The article studies the aspects of legal entrenchment of such duties in the structure of constitutions, the catalogue of duties is being analyzed together with constitutional approaches to the determination of the circle of their subjects. The article reveals and considers the widely spread duties of individuals in terms of constitutional entrenchment of the duties of individuals, as well as rarer duties, typical for a limited range of constitutions. Attention is paid to general legal duty related to compliance to the constitution and laws; duties not to breach (respect) rights and freedoms of other personalities; duties aimed at consolidation (by the state) of resources (as related to payment of taxes and fees, other mandatory payments, protection of the home country and military duty); duties aimed at protection of the public interest (environmental protection, protection of historical and cultural heritage, obtainment of education, inadmissibility of the use of rights and freedoms contradicting public interests protected by the law; respect to national traditions, respect towards the state symbols, dedication to the Motherland); social duties (duties of parents and duties of children); duties of owners. The article considers the specific features of actual constitutional duties, their similarities and differences. Based on the analysis conducted, the author concludes about the presence of common approaches of the constitutional lawmakers to the entrenchment of constitutional duties of individuals. However, the respective entrenchment (regulation) is not identical both from the point of view of its contents and scope. Such differences provide for a significant potential of their implementation within the frames of actual legal relations with the participation of the individual and the citizen.
Citations count: 1
Reference:
Gromozdina M.V. —
Legal peculiarities of division of property of spouses through judicial proceedings
// Legal Studies.
– 2017. – № 9.
– P. 14 - 23.
DOI: 10.25136/2409-7136.2017.9.24089 URL: https://en.nbpublish.com/library_read_article.php?id=24089
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Abstract:
The research subject is legal peculiarities of the process of dissolution of marriage and division of property of spouses, which are still urgent at the present time. The author analyzes the examples of judicial practice in disputes between spouses over division of property, complicated by investment contracts, credit obligations, etc. Besides, the author studies disputable situations the legal regime of division of property can’t be applied to. Problems, connected with the application of clause 4 article 39 of the Family Code of the Russian Federation about the recognition of belongings as the property of each of the spouses, very often become the subject of scientific discussions and legal proceedings. That’s why the author assesses the present situation in this sphere. The paper also considers the problem of possibility to settle the dispute out of court at the stage of enforcement proceedings and the problem of court approval of a settlement agreement. The author notes that the judicial practice still contains few examples of application of clause 2 article 39 of the Family Code of the Russian Federation about derogation from the principle of equality of shares of spouses in their common property in favour of the interests of children and (or) sound interest of one of the spouses. The author uses general scientific method of dialectic cognition and specific scientific methods: system, structural-functional, formal-legal, analysis and synthesis. The research demonstrates that judicial practice in division of property of spouses is ambiguous; courts have different approaches to using particular provisions of family, civil and procedural legislation. In the author’s opinion, it hampers the unification of legal proceedings on dissolution of marriage and division of property. Based on the results of the study, the author concludes about the necessity to amend the Family Code of the Russian Federation with compulsory pretrial procedure of settlement of disputes over division of common property of spouses.
Citations count: 1
Reference:
Trush V.M., Gomonov N.D. —
Crime Infestation of Criminal Personality from the Point of View of L. Szondi's Fate Analysis
// Legal Studies.
– 2018. – № 1.
– P. 1 - 30.
DOI: 10.25136/2409-7136.2018.1.25092 URL: https://en.nbpublish.com/library_read_article.php?id=25092
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Abstract:
In this article the authors study the phenomenon of crime infestation of criminal personality depending on the severity of a committed crime. The research is based on the theory of personality and fate analysis offered by L. Szondi. Respondents include people who have been convicted of crime against person, property, sexual freedom and sexual integrity, as well as for illegal production, purchase, storate, transfer or sale of narcotic or psychotropic substances. The subject of the research is the structure of personal needs and motives, qualitative and quantitative description thereof depending on a group a respondent attributes to. The research method includes comparative analysis of needs and motives based on quantitative indicators (the level of needs structure tensity, evaluation of changes in 'mean motives' (Р and Sch vectors), qualitative indicators (comparative evaluation of vector space histograms, interpretation of the leading needs and motives, comparative evaluation of horizontally fused one-direction tendencies of vector pictures), and analysis of data collected by usign the 'semantic key' method and relative parameters (vector space tendencies in needs and motives) of personality traits of criminals in aforesaid groups. The novelty of the research is caused by the fact that based on the foundation of personality (physical existential) one's personal criminogenic level (crime infestation) is defined based on particular parameters that describe personality traits of individuals depending on their attribution to a particular criminal group. Consequently, the thesis about systemic sustainable nature of the phenomenon of crime infestation based on the physical existential in humanistic structure of criminals' personality traits can be also used to analyze their needs and motives according to L. Szondi test.
Citations count: 1
Reference:
Trofimov E.V., Metsker O.G. —
The Law and Artificial Intelligence: Experience in Developing Computational Methodology for Intellectual Analysis of Russian and Regional Practice in Judicial Review of Administrative Judgements (Decisions) (the Case Study of Article 20.4 of the Administrative Offences Code of the Russian Federation)
// Legal Studies.
– 2019. – № 7.
– P. 32 - 43.
DOI: 10.25136/2409-7136.2019.7.30351 URL: https://en.nbpublish.com/library_read_article.php?id=30351
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Abstract:
The matter under research is judicial practice in review of administrative judgements (decisions) as stated by Article 20.4 'Fire Safety Violations' of the Administrative Offences Code of the Russian Federation. The absence of judicial statistics about individual categories of administrative offences at the federal and regional levels causes the need to use computational methods to collect, process and analyse data. To achieve research targets, the authors of the article have used data of state autmoated system 'Justice'. Empirical base of the research was developed with the help of crawler based on POST-inquiries with some JSON parameter. As a result of inquiries, the researchers have received complete records of judicial acts and have used these to make a classification. For detailed intellectual analysis, the researchers have referred to 4.9 thousand judicial solutions about review of administrative judgements (decisions) based on Article 20.4 of the Administrative Offences Code of the Russian Federation for the period since 2010 till 2017. As a result of the research, the authors have created and tested the methodology of extraction, analysis and interpretation of practical judicial data that are not provided by judicial statistics. In the course of interpretation of empirical data, the authors have discovered general Russia's trends in law enforcement as a result of increased efficiency of administrative law as well as have created three regional models of correlation of results for review of administrative judgements (decisions) that have been associated with the indicators of regional socio-economic statistics.
Citations count: 1
Reference:
Ryzhkova E.A., Ryzhkova E.K. —
Relevant issues of legal regulation of the digital revolution
// Legal Studies.
– 2021. – № 8.
– P. 1 - 10.
DOI: 10.25136/2409-7136.2021.8.36152 URL: https://en.nbpublish.com/library_read_article.php?id=36152
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Abstract:
The advancement of information technologies, change of expectations and consumer habits, as well as transformation of the social, economic, and political situation in the world entailed infiltration of digital technologies into all spheres of social life. Due to the need for the development of adequate legal regulation of relations arising in the digital sphere, determination of the limits and capabilities of artificial intelligence used for solution of versatile issues, the author highlights the priority direction for the development of law and its theoretical framework and practical aspects in the technologically advanced countries of the world. The progress of information technologies contributed to the development of law, having established its new institution of digital law. However, the essence of digital law is currently being reduced to regulating the new digital form of previous relations. The revolutionary achievement of digital law became the institution of artificial intelligence. The novelty of this research is lies in the statement that the achievements of digital technologies and transformations caused by them have received the name of the “third industrial revolution”, and usually, the revolutionary achievements find their legislative consolidation. Development and implementation of new technologies require their thorough regulation, namely with regards to formulation of concepts, criteria, and the subject matter. The development of the Institution of artificial intelligence actualizes the question of the parties to digital relations. Thus, the issues united by the concept of “digital law” do not fully reflect its essence and do not foresee the upcoming changes.
Citations count: 1
Reference:
Kodan S.V. —
Creation of the Fundamental Laws of the Russian Empire by the Law Making Committee (1800 - 1820)
// Legal Studies.
– 2012. – № 3.
– P. 149 - 175.
DOI: 10.7256/2305-9699.2012.3.167 URL: https://en.nbpublish.com/library_read_article.php?id=167
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Abstract:
Throughout XVIII - first quarter of XIX centuries the issue of determination and combination of fundamental laws regarding the position of supreme power in Russia was within the sight of the Russian governerns. The issue was finally solved only in 1832 when the Code of Laws of the Russian Empire was passed out. It was solved within the framework of the Fundamental State Laws provisions. However, certain efforts were already put forth towards solving the issue in XVIII and early XIX, especially by the Law Making Commission when it passed the first draft Core Law of the Russian Empire of Gustav Adolf von Rosenkampf in 1804 and defined the basis of legislative activity in the Grounds of Russian Law in 1815. The author of the article describes the first attempts of defining the contents and preparing the draft Fundamental Laws of the Russian Federation by the Law Making Committee in 1790-1820.
Citations count: 1
Reference:
Kabanov P.A. —
Criminal Victimity of Disabled People: Statistical Data for 2014 – 2015
// Legal Studies.
– 2016. – № 6.
– P. 1 - 11.
DOI: 10.7256/2409-7136.2016.6.19421 URL: https://en.nbpublish.com/library_read_article.php?id=19421
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The research subject is criminal victimity of disabled people. The purpose of the research is to detect the structure of criminal victimity of disabled people based on the official statistical data of the Ministry of Internal Affairs of the Russian Federation for 2014 – 2015. The tasks of the research are: a) to define the scope of disabled people among the victims of criminal offences; b) to define the types and groups of crimes which more often involve disabled people as victims. The research methodology is based on dialectics and the related methods of scientific cognition: analysis, synthesis, comparison. The scientific novelty of the study consists in the fact that so far the Russian criminological science hasn’t carried out a study of disabled people as the victims of criminal offences on the base of the official statistics so. For the first time in the criminological science the author defines the main types and groups of crimes in which disabled people become the victims.
Citations count: 1
Reference:
Nasonov S. . —
The European models of proceeding in jury trials: jury trial in Austria (comparative legal study)
// Legal Studies.
– 2016. – № 9.
– P. 41 - 52.
DOI: 10.7256/2409-7136.2016.9.19911 URL: https://en.nbpublish.com/library_read_article.php?id=19911
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Abstract:
The article is devoted to the specificity of proceeding in jury according to the Austrian CCP, adopted in 1975 (with amendments of 2016) as a kind of a European model of this procedure. These features are considered from a comparative legal aspect and compared with the same procedure, contained in the Russian CCP.Proceeding in jury trial in Austria is an example of a continental type of this form of hearing of a case, and this is a factor conditioning the significant differences between this procedure and the same one established by the Russian CCP. The presiding judge possesses a wide discretion in the field of proving. The features of the judicial enquiry in jury in Austria are the following: examination of evidences begins with the questioning of the accused; the procedures of examination of evidences of the defense and the prosecution are equal; a wide examination of information about a personality of an accused before the jury. The article notes the specificity of a stage of putting questions before the jury (there exist four types of questions), the specificity of the summing-up of the judge (he gives it in the jury-room and doesn’t speak on a factual side of a case), the specificity of the jury's deliberation when they have to give a short explanation of their answers, and the opportunity of a panel of professional judges to attend the jury's deliberation. The article suggests the possibility of reception of certain elements of the Austrian model of proceeding in jury trial by the Russian legislation.
Citations count: 1
Reference:
Zherebchikov D.P. —
Child abandonment and infanticide in the Russian provinces: historical and legal aspects (case study of the provinces of the Central Black Earth Region of the late 19th – the early 20th century)
// Legal Studies.
– 2017. – № 8.
– P. 89 - 103.
DOI: 10.25136/2409-7136.2017.8.22167 URL: https://en.nbpublish.com/library_read_article.php?id=22167
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Abstract:
When considering the sphere of social deviations, one should give attention to gender factors, i.e. the peculiarities of criminal and deviant behavior of men and women. In the period of modernization of the late 19th – the early 20th century, part of Russian population chose deviant model of behavior, and the crime rate increased. Among typical female crimes of that period the author points out child abandonment and infanticide. The subject of crime was a female person, specifically, a mother, and the object of crime was a child, more often, illegitimate. The author studies the Central Black Earth Region – a rural, patriarchal, peasant, weakly urbanized provincial region of European Russia. The study is interdisciplinary. The methods of social history and legal analysis reveal the problem under study from different scientific positions and as a historical and legal phenomenon as a whole. The scientific novelty consists in the variety of the applied approaches. The author introduces previously unpublished scientific data. The problem under study is topical. The phenomenon of infanticide is still present in Russian society in marginalized segments of the population. Gender factors are still important for the study of modern forms of deviant behavior.
Citations count: 1
Reference:
Bronnikov A.M. —
Security of Obligations Applicable During Organisation and Conduction of Property
// Legal Studies.
– 2019. – № 1.
– P. 34 - 43.
DOI: 10.25136/2409-7136.2019.1.27495 URL: https://en.nbpublish.com/library_read_article.php?id=27495
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Abstract:
In his article Bronnikov analyzes the pledge that is mandatory for applicants seeking participation in the bidding as the means of security of the bidding. He also compares it to the security payment. Comparing the legal peculiarities of these means of obligations' security, the author of the article comes to the conclusion that unlike the pledge, the security payment better suits for the role of security of obligations during the bidding. Just so, the security payment does not require a written contract to be concluded, thus the fact of making the security payment by an applicant seeking participation in the bidding may be already acknowledged as the contract conclusion. Moreover, the return of the security payment in case the bidding process organizer declines the offer does not contradict to the eforcement function that it has (unlike in case of the pledge). The methodological basis of the research is a set of general research methods such as systems analysis, synthesis, clarification and abstraction, generalisation of research concepts and legal material, systems structured analysis, logical and analytical method. The researcher describes specific features of using the security payment in the process of the organisation and conduction of the bidding and proves that the security payment is a good alternative to the pledge. The use of the security payment creates additional guarantees for the bidding process organizer including the guarantee of fair practices of all bidding participants who are ready to submit the security payment instead of the pledge.
Citations count: 1
Reference:
Vinnitskiy A.V., Kruglov V.V., Solovev M.S. —
To the question on the priority of the natural form of compensation for damage caused to the environment (on the example of water objects and soils)
// Legal Studies.
– 2020. – № 12.
– P. 18 - 30.
DOI: 10.25136/2409-7136.2020.12.34809 URL: https://en.nbpublish.com/library_read_article.php?id=34809
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Abstract:
The subject of this research is the provisions of current environmental and civil legislation that establish the grounds, procedure and forms of compensation for damage caused to the environment. The article examines, generalizes and critically analyzes the practice of the Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, and arbitration courts on consideration of disputes related to the compensation for damage caused to the environment. Special attention is given to the decision of the Constitutional Court of the Russian Federation No.12-P of 06.02.2015 and the decree of the Plenum of the Supreme Court of the Russian Federation No.49 of 11.30.2017. The article employs the results of environmental legal and cognate scientific research. The conclusion is substantiated on the priority of the natural forms of compensation for damage caused to the environment; in the instance of full or maximum possible compensation, it requires taking prompt measures for the effective restoration of the damaged environment. The author it is substantiated that the questions of possibility for conducting recovery works, their volume and terms can be submitted to legal examination directly in the context of resolving a dispute on the compensation for damage caused to the environment (regardless of the development of recovery project at the pretrial stage). It is noted that such mechanism of proof gains special relevance in case if the time interval between the date of detection of pollution and prior to submission of a claim is insufficient for the development of recovery project through extrajudicial procedure.
Citations count: 1
Reference:
Proniakina S. —
Denaturalization as a special ground for termination of legal ties with the state
// Legal Studies.
– 2021. – № 10.
– P. 59 - 73.
DOI: 10.25136/2409-7136.2021.10.36630 URL: https://en.nbpublish.com/library_read_article.php?id=36630
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Abstract:
The legal grounds for acquisition and revocation of citizenship by persons born and residing on the territory of different states may differ significantly due to historical, political, economic, and other reasons. This article provides a comprehensive analysis of the grounds for revocation of citizenship – denaturalization. The author establishes the factors and circumstances that contribute to termination of the political0legal ties of an individual with the state upon the initiative of the state. The article explores the international legal acts, as well as conducts a comparative analysis of the legislation of different countries on the issues of denaturalization. The author reviews the conditions and restrictions for implementation of the procedure for revocation of citizenship by the state, as well as correlation of such grounds for termination of citizenship as revocation of citizenship and reversal of decision on naturalization. The scientific novelty lies in the conclusion that revocation of citizenship is not prohibited by the international legal acts if there are legal grounds established by the domestic legislation of the country. Such grounds may include unlawful actions of a citizen against public security and national interests, as well as other actions that undermine the fundamentals of the constitutional system. The author offers the open legislative consolidation of the legal institution of denaturalization for the possibility of revocation of citizenship of an individual upon the initiative of the state.
Citations count: 1
Reference:
Kilinkarov V.V., Ponomarev B.A. —
The civil Nature of public-private Partnership Agreements
// Legal Studies.
– 2023. – № 2.
– P. 44 - 54.
DOI: 10.25136/2409-7136.2023.2.38640 EDN: IPLGBH URL: https://en.nbpublish.com/library_read_article.php?id=38640
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Abstract:
The subject of the research is the legislation and law enforcement practice regarding the legal nature of the public-private partnership agreement and the concession agreement. The authors intend to prove the civil law nature of these agreements; therefore, they review dominant theories on the relevant issue in the doctrine of legal science. The first group of scientists refers these agreements to private-public contracts, the second - to administrative, the third - to private law. The analysis of the legislation confirms the validity of the third group’s point of view. The paper also examines the practice of judicial and administrative authorities, which testifies to the dispositive nature of legal relations arising between private and public partners.
Citations count: 1
Reference:
Karchevskyi M. —
The main directions for improvement of criminal legislation within the framework of social informatization tendencies.
// Legal Studies.
– 2013. – № 6.
– P. 152 - 196.
DOI: 10.7256/2305-9699.2013.6.8317 URL: https://en.nbpublish.com/library_read_article.php?id=8317
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Abstract:
The article includes an attempt to formulate the key requirements to the contents of criminal legal protection of social relations in the information sphere. Criminal law guarantees of stimulation of positive and minimization of negative social consequences of informatization presuppose that the system of relations guaranteeing implementation of information needs becomes an independent object of criminal legal protection. The author offers to use the term "information security" for this purpose. The subject is in the situation of information security, when efficiency of his activities are guaranteed by complete, authentic and sufficient for decision-making information. Such a situation may be achieved by social activities in the three inter-related groups of social relations, which are the structural elements of information security, namely: social relations in the sphere of use of information technologies, sphere of access guarantees to information resources and the sphere of formation of an information resource. At the same time, the public danger of encroachments upon information security is not independent, it depends upon the social value of the relations, within which information needs appear. The author offers the key directions for the legislative improvement in the sphere of legal liability for the crimes in the information technologies sphere, as well as in the sphere of limited access to information. The author then notes that it is not viable to broadly use the means of criminal justice in the sphere of information resources formation.
Citations count: 1
Reference:
Farkhutdinova Y.A. —
Peculiarities of Concluding a Public Contract with a Single Supplier, Subcontractor or Performer
// Legal Studies.
– 2018. – № 5.
– P. 7 - 13.
DOI: 10.25136/2409-7136.2018.5.26176 URL: https://en.nbpublish.com/library_read_article.php?id=26176
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Abstract:
The article is devoted to the analysis of Russia's laws that regulate peculiarities of concluding a public contract with a single supplier, subcontractor or performer. In the course of her analysis Farkhutdinova discovers that verbal form of a public contract is allowed; she also describes peculiarities of contract price formulation using a formula or maximum contract price instead of fixed price. The author also describes particularities of contract price formulation in case of a single supplier, subcontractor or performer (individual or physical entity). The author has used practical methods such as analysis and description, theoretical methods of formal and dialectical logic, special research methods such as legal dogmatic method and interpretation of law principles. As the main outcome of the research, the author describes peculiarities of the legal regulation of concluding a public contract with a single supplier, subcontractor or performer as follows: 1. In some cases, public contract for single-source procurement may be concluded verbally; 2. it is allowed to agree on a contract price by setting formula or maximum amount instead of a fixed amount; 3. In all cases of concluding a contract for single-source procurement with a physical entity, a contract price must be reduced by tax payment amount (Part 13 of Article 34 of the Procurement Law) disregarding the fact that Part 15 of Article 34 of the Procurement Law provides an opportunity not to do it. This is explained by the fact that in these legal relations a customer acts as a tax agent of a supplier, contractor or performer.
Citations count: 1
Reference:
Dzidzoev R.M. —
Questions of federal structure in the revised version of the Constitution of Russia
// Legal Studies.
– 2020. – № 7.
– P. 29 - 41.
DOI: 10.25136/2409-7136.2020.7.33720 URL: https://en.nbpublish.com/library_read_article.php?id=33720
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Abstract:
The subject of this research is the questions of constitutional reform regarding the federal structure of Russia, which require scientific assessment. The object of this research is the legal acts that laid the groundwork for the constitutional reform in Russia: Message of the President of the Russian Federation to the Federal Assembly of the Russian Federation of January 15, 2020; Law on the Amendment to the Constitution of the Russian Federation; Conclusion of the Constitutional Court of the Russian Federation on Conformity with the Amendment of the Current Constitution of Russia. Detailed analysis is conducted on the content of the constitutional amendments, their correlation with the legal logic and the needs of constitutional federal progress in Russia. The combination of applied methods (general scientific and private scientific, such as formal-legal, comparative-legal, systemic) allows determining the degree and limits of impact of the constitutional amendments upon the federal structure of Russia. The key conclusions consist in ascertainment of the large-scale constitutional federal reform in Russia oriented towards the principles of state unity and territorial integrity, which received prominent and holistic reflection in the revised version of the Constitution; need to complete federal reform at the current legislative level via amending the Federal law “On The General Principles Of Organization of Legislative (Representative) and Executive Authorities of Constituent Entities of the Russian Federation”, as well as the Constitution and statues of the constituent entities of the Russian Federation, which should be brought into compliance with the new revision of the Main Law of Russia. The author's special contribution to this research lies in a systemic analysis of recent amendments to the Constitution of Russia, which testify to substantial changes in federal structure of the country. The novelty is defined by the analysis of new constitutional provisions characterizing the content of the constitutional reform in Russia with regards to federal structure, which have not been previously examined in legal science.
Citations count: 1
Reference:
Berchanskiy K.A. —
Causal link in iatrogenic crimes: problems of correlation of the categories of causality in forensic examination and Russian criminal law
// Legal Studies.
– 2020. – № 10.
– P. 27 - 51.
DOI: 10.25136/2409-7136.2020.10.34288 URL: https://en.nbpublish.com/library_read_article.php?id=34288
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The subject of this research is the Russian case law of conducting legal proceedings against the representatives of medical sphere based on the constituent elements of crime established by the Part 2 of the Article 109 of the Criminal Code of the Russian Federation – infliction of death by negligence due to improper discharge of professional duties. The subject of this research also includes legal norms that regulate the procedure of forensic medical examination in the Russian Federation, norms of medical legislation, as well as corresponding provisions of the Criminal Code of the Russian Federation. The object of this research is the social relations emerging in the event of causing death due to improper provision of medical care, conduct of forensic medical examination, as well as consideration of such cases by the courts. The scientific novelty consists in comprehensive approach towards its implementation that would include the analysis of relevant practice of Russian courts on iatrogenic crimes. As a result of this research, the author outlines the key problems faced by the Russian courts in assessment of causal link in iatrogenic crimes, first and foremost committed by medical negligence. The detailed analysis of legal norms that regulate the procedure forensic medical examination allowed determining the possible reasons for discrepancies in forensic practice, which, in turn, lead to discrepancies in judicial practice. Based on the historical method of interpretation, the author detected the presence and origins of fundamental contradictions in the relevant legislation. The comparative-analytical method applied to the Russian criminal and forensic legislation allowed identifying the key issued that currently impede the efficient and just consideration of iatrogenic cases; the solution approach depending on priorities of the government in criminal law policy is proposed.
Citations count: 1
Reference:
Kudelkin N. —
Legal Protection of the Marine Environment from Plastic Pollution in the Russian Federation
// Legal Studies.
– 2022. – № 10.
– P. 1 - 12.
DOI: 10.25136/2409-7136.2022.10.38946 EDN: DTKSQI URL: https://en.nbpublish.com/library_read_article.php?id=38946
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Abstract:
The subject of the work is the legal norms regulating relations arising in the process of protecting the marine environment from plastic pollution, as well as the provisions of strategic planning documents related to this issue. The main purpose of the work is to develop, based on the analysis of the current legal regulation and data on the state of marine pollution by plastic, recommendations of a theoretical and practical nature aimed at improving domestic environmental legislation.
The methodological basis of the research is a system of various methods, logical techniques and means of cognition. In particular, such methods as analysis, synthesis, deduction, induction, formal legal, etc. were used. The relevance of the chosen research topic is indicated by the fact that plastic is one of the most common pollutants and makes up the majority of marine debris. At the same time, studies have confirmed the presence of such pollution in 10 of the 12 seas of the Russian Federation. The study made it possible to formulate a number of conclusions with relevance and scientific novelty, including the expediency of tightening administrative responsibility in this area, the need to establish a number of restrictions on the use of disposable plastic products, the development of requirements for antifouling coatings on ships following the Northern Sea Route in order to protect the Arctic marine environment from microplastic pollution. Among other things, it was concluded that one of the main roles in protecting the marine environment from plastic pollution should be performed by environmental education and enlightenment, which should contribute to the formation of a proper ecological culture of citizens, including in the field of handling products (products) consisting of plastic or containing it in its composition. The results of the study can be used to improve legal regulation in the field of protection of the marine environment from plastic pollution, as well as in teaching.
Citations count: 1
Reference:
Gulyaikhin V.N. —
Family as a subject of early legal socialization
// Legal Studies.
– 2013. – № 7.
– P. 56 - 66.
DOI: 10.7256/2305-9699.2013.7.9007 URL: https://en.nbpublish.com/library_read_article.php?id=9007
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Abstract:
The article is devoted to the studies of the role of modern family as a legal socialization agent. Using the psychoanalytic methodology, the author studies the issues of early legal socialization of a person within the framework of family relations. In the opinion of the author the family is a part to a normative element in a society, since it bears certain moral, legal, value- and meaning related complex, by which the legal education and teaching of a child are implemented, defining his social functions and status. The family forms a primary cultural and psycho-social environment, in which the social and legal personal qualities are being developed. A child sees parents as an embodiment of spiritual and moral, legal and social complex, to which they belong as subjects. Evolution of an institution of a family in a state however is not without trouble, and its development is not always on an ascending route. In order to successfully resolve fundamental problems of early legal socialization, it is necessary that both mother and father are willing to teach their child humanity, kindness, conscience, common since, discipline and respect for order. The article contains a conclusion that due to global social and economic transformations the tonus of a modern human ego is lowered, which is due to negative tendencies in the family development, where the socializing functions of the elder generation relatives are minimalized and the traditional role of a father as an embodiment of order, discipline and rules for his children are lowered.
Citations count: 1
Reference:
Tkachenko S.V. —
Legal modernization of the post-Soviet Russia.
// Legal Studies.
– 2014. – № 5.
– P. 12 - 22.
DOI: 10.7256/2305-9699.2014.5.11817 URL: https://en.nbpublish.com/library_read_article.php?id=11817
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Abstract:
In the process of its formation in 1990s the Russian legal system actively used reception of the Western legal tradition. Reception of law is understood as adoption and introduction of the ideas, legal institutions, norms, terminology of the foreign law for the purpose of modernization of the legal system, gaining international authority or providing for political and economic dependency from other states. The Western legal tradition is a complex of legal ideas and theories, which were formed throughout the period of existence of the Western legal culture, and which are manifested by the liberalism ideology based on the following principles: individualism, instrumentalism, technologism, rationalism, pragmatism, political character, civility, lawfulness. Currently the Western legal tradition serves as a paradigm for the modernization of the legal systems within the states, which are not part of the Western civilization. The methodological basis for the study was formed by the general scientific cognition methods (dialectics, analysis, synthesis, analogy, functional, systemic and structural approaches, abstraction and specification, linguistic analysis, as well as specific scientific and legal methods of studies: formal legal, comparative legal, technical legal methods, legal modeling, and special methods (sociological, psychological, anthropological, historical).Its scientific novelty is due to the theoretical and methodological substantiation of the modernization process as an element of information psychological warfare, in order to guarantee control over the situation on the post-Soviet territory. The scientific novelty of the article in general is due to the analysis of the reception of law, its goals, functions, system of principles from the standpoints, which were not used before.
Citations count: 1
Reference:
Gulyaikhin V.N. —
Legal education of a person as a process of formation of values and meanings component of legal conscience.
// Legal Studies.
– 2014. – № 8.
– P. 60 - 79.
DOI: 10.7256/2305-9699.2014.8.12808 URL: https://en.nbpublish.com/library_read_article.php?id=12808
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Abstract:
The article is devoted to the analysis of the axiological problems of legal education. The author characterizes legal education as a complicated dialectic process of formation of values and meanings system of legal conscience, involving important cognitive, motivation and will-related components. While a cognitive element is a system of moral forms developed by a person, which were formed as a result of cognition, reflexion and moral search, the motivation and will component is characterized by an individual motivation, subconscious positions, habits and quality of his will. The author pays special attention to the role of legal reflextion within the development of the system of value orientations and meanings within the framework of legal conscience. The methodological basis for the studies of the problems of legal education of a person is formed with the principles of dialectics and fundamental provisions of activity theory. The main function of legal education of a person is formation of values and meanings component of legal conscience. It is an important component of legal socialization. Reflexion is efficient for the formation of the values and meanings orientation inevitably leading the subject to critical analysis of the existing social and legal values and positions. It facilitates formation of a personal position regarding resolution of topical problems in the legal sphere.
Citations count: 1
Reference:
Eseva E.Y. —
Russia and international law: collisions and perspectives
// Legal Studies.
– 2015. – № 1.
– P. 16 - 21.
DOI: 10.7256/2409-7136.2015.1.13810 URL: https://en.nbpublish.com/library_read_article.php?id=13810
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Abstract:
The article is devoted to consideration of the Russian legislation in the sphere of employment law of foreign nationals. The research is carried out on the example of a foreign national who has an international driving license issued by a foreign state and a profession of a driver, and tries to get a job of a driver in the Russian Federation. The article analyzes the existing regulations of the Russian labor and administrative law in this sphere in the context of their correlation with the regulations of international law, which had been ratified by the Russian Federation. The author uses the general scientific methods of cognition, such as the comparative method, the historical method, analysis and synthesis. The author reveals discrepancy between the regulations of the Russian law and the regulations of international law. In the conclusion the author offers two ways of solution of this problem: either bringing of the Russian legislation to conformity with the international one, or the Vienna Convention “On Road Traffic” denunciation.
Citations count: 1
Reference:
Strelkova I.I. —
Bankruptcy laws in China: main stages of development
// Legal Studies.
– 2017. – № 1.
– P. 75 - 90.
DOI: 10.7256/2409-7136.2017.1.18718 URL: https://en.nbpublish.com/library_read_article.php?id=18718
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Abstract:
The research subject is bankruptcy laws in China, interpretations of people’s courts of China and scholar articles by Russian and foreign authors in this sphere. The research object is legal regulation of bankruptcy in the People’s Republic of China in its development. The author considers such aspects of the topic as the influence of China’s economic policy on law making in this sphere, the impact of foreign law, the peculiarities and problems of legal regulation of bankruptcy on different stages of development of the country’s political and economic systems. Special attention is given to the modern stage of development of China’s bankruptcy laws and the scope of the current Law on business bankruptcy. The research methodology includes the complex analysis of the legislation of the People’s Republic of China, regulating bankruptcy, using the comparative-legal, comparative-historical and formal-legal methods. The scientific novelty consists in the description of the development of bankruptcy in the historical and comparative-legal aspect from the position of the state’s economic policy in different periods of its development. The author outlines three main stages of development of bankruptcy laws: from the early 20th century to the establishment of the People’s Republic of China; the period of economic reforms from 1978 till 2006; the recent stage of bankruptcy regulation in accordance with the “Law on business bankruptcy”. Each of these stages reflects the socio-economic aspects of China’s politics and the impact of the experience of bankruptcy regulation in different countries, especially in the U.S. The author prognosticates the further development of the bankruptcy institution in the direction connected with the extension of the range of debtors, covered by bankruptcy laws, by the inclusion of private entrepreneurs.
Citations count: 1
Reference:
Semerikova A.A. —
Prostitution and sexual abuse: criminological and victimological aspects
// Legal Studies.
– 2017. – № 9.
– P. 31 - 38.
DOI: 10.25136/2409-7136.2017.9.20249 URL: https://en.nbpublish.com/library_read_article.php?id=20249
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Abstract:
The research object is a negative social phenomenon of prostitution, which is considered as a background criminogenic phenomenon influencing the escalation of criminal sexual abuse. The author considers this phenomenon in two aspects: the victimological aspect (as long as persons providing sexual services in exchange for payment are more likely to become victims of sexual abuse than other categories) and the criminological aspect, i.e. as a negative influence of prostitution on its consumers. The purpose of the research is to define the sphere of negative influence of this social phenomenon on persons, providing sexual services, and their consumers. The empirical base of the research is the survey, which covered persons, engaged in prostitution and victims of sexual abuse, and consumers of sexual services. The author formulates victimological and criminological peculiarities. Victimological peculiarities: the main reason, which forces people into prostitution, is rather a high threshold of sexual acceptability and a distorted understanding of a norm of sexual behavior, than financial ill-being; a psychological profile of a prostitute is identical to that of a victim of sexual abuse. Criminological peculiarities: prostitution has almost no influence on a formed personality, but if a person is being formed, prostitution is a highly destructive phenomenon, which forms a destructive sexual scenario of consumption and fosters deepening and development of sexual preference disorder symptoms and other psychic disorders, which have impact on the sphere of volitional regulation of a sexual model of personal behavior.
Citations count: 1
Reference:
Osina D. —
Particularities of the Procedure of Discharging a Head of an Organization As a Result of a Decision Made by a Property Owner of an Organization (the Case Study of Discharging a Municipal Official)
// Legal Studies.
– 2018. – № 5.
– P. 29 - 38.
DOI: 10.25136/2409-7136.2018.5.26177 URL: https://en.nbpublish.com/library_read_article.php?id=26177
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Abstract:
In her article Osina studies the case of discharging a municipal official and analyzes particular features of implementing Article 2 of Clause 278 of the Labour Code of the Russian Federation that regulates the procedure of dismissing a head of an organization as a result of a decision made by a property owner of an organization. Base on the literal interpretation of the provisions of Article 278 of the Labour Code of the Russian Federation, an employer does not have to explain grounds for his or her decision about discharge of an employee. However, actual situations are not so explicit. For this regard, the question about the balance between public and private interests and inadmissibility of abuse of rights and discrimination in the labour sphere based on discretionary authorities of a property owner is emerging full blown. These issues have been focused on by the researcher, as well as a few others. The research was carried out using such methods as analysis, structured system analysis, formal law method and comparative law method. As a result of her research, Osina makes a number of conclusions including the following: 1) an individual who is, on a pro forma basis, runs an organization but does not perform a particular labour function, cannot be regarded as a head for purposes set forth by Clause 2 of Article 278 of the Labour Code of the Russian Federation; 2) a lack of legal clarity of Article 279 of the Labour Code of the Russian Federation causes a situation when an employee may be punished twice for his or her disciplinary violation which, on the one hand, cannot be the cause of discharge but, on the other hand, creates grounds for denial of a compensation; 3) public interests of a municipal unit should be taken into account when discharging a head of an organization (municipal official). However, a comprehensive answer to the question about a particular manner public interests should be taken into account is provided neither by legislation nor judicial practice.
Citations count: 1
Reference:
Reznik E.S. —
From the Project to the Implementation: Waiver of the Exclusive Surrogate Miother Right
// Legal Studies.
– 2018. – № 12.
– P. 36 - 48.
DOI: 10.25136/2409-7136.2018.12.27300 URL: https://en.nbpublish.com/library_read_article.php?id=27300
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The subject of this research is the legal provisions that regulate relations arising in the process of resolving the issue about the transfer of a child by a surrogate mother to genetic parents as well as Clause 31 of the Resolution of the Plenum of the Russian Federation Supreme Court of May 16, 2017 On Implementation of Laws By Courts Viewing Trials on Origin of Children. In his research Reznik raises questions about the absence of appropriate legal regulation of relations in the sphere of surrogate mothership, changes in the approaches of courts to the resolution of disputes when a surrogate mother refuses to transfer a child to genetic parents, and the need to take into account terms and conditions of a dispute in each particular case. The author also compares the draft and the current Resolution of the Plenum which is, in fact, aimed at waiving the exclusive right of a surrogate mother to make a decision about the transfer of a child. In the course of the research the author has applied the following research methods: analysis and synthesis, formal law, comparative law and hermeneutical methods. As a result of the research, the author emphasizes the need in fast and full solutions of the problems that may arise in the process of surrogate mothership including changes in the legal provision about the exclusive right of a surrogate mother at the legislative level. Reznik underlines that the situation when courts issue decisions which in fact violate the legal provisions, for the sake of the balance of interests between the parties, society and government, is unacceptable. The novelty of the research is caused by the fact that the author analyzes changes in the approaches to the problem of ensuring the balance of interests when a surrogate mother transfers a child to genetic parents, provides arguments for these changes, and makes conclusions based upon them.
Citations count: 1
Reference:
Ostroushko A.V. —
Implementation of International and Foreign Experience in Legal Regulation of Financial Technologies in Russian Legislation
// Legal Studies.
– 2019. – № 8.
– P. 8 - 24.
DOI: 10.25136/2409-7136.2019.8.30604 URL: https://en.nbpublish.com/library_read_article.php?id=30604
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Abstract:
At the present time there is a global understanding that long-term sustainable and safe development of financial technologies requires a proper mechanism of their regulation. In the Russian Federation, creation of such a mechanism is still in process. The object of this research is social relations that arise in the course of creation and use of financial technologies. The subject of the research is the acts adopted at the international level (by The UN and EU)as well as legal acts and provisions of a number of technologically developed foreign states in order to analyze their positive experience that may be used in Russian legal regulation of financial technologies creation and use. Based on the dialectical method, the author has used the comparative analysis of national peculiarities of policy implementation in the sphere of social relations resulting from creation and use of financial technologies. The researcher underlines that even though the government understands the need to create a mechanism of legal regulation of financial tehnologies, there is still a need to develop a single policy in this sphere. Based on the analysis of experience of the foreign states, the author gives recommendations on how to improve Russian institutions of legal regulation of financial technologies.
Citations count: 1
Reference:
Gorban V.S., Gruzdev V.S. —
O. Holmes in the History of Legal Realism in the USA and the Problem of Typologizing His Views
// Legal Studies.
– 2022. – № 10.
– P. 31 - 42.
DOI: 10.25136/2409-7136.2022.10.39100 EDN: FUSYDM URL: https://en.nbpublish.com/library_read_article.php?id=39100
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Abstract:
The article examines the issues of determining the place of O. Holmes' work in the history of legal thought in general and the United States in particular, which remains, according to leading domestic and foreign experts, one of the difficult and cross-cutting problems in highlighting the evolution of the legal-realistic direction. At the same time, significant inaccuracies remain in explaining what constitutes and what includes the so-called legal realism in the United States. A more precise explanation of the problems of this phenomenon in intellectual culture from the end of the XIX century to the present has not only scientific and cognitive significance, but also socio-cultural, as it answers a very significant question about possible directions and trends in the development of modern fundamental jurisprudence. In addition, the question of the specific philosophical and methodological foundations of O. Holmes' legal views remains relevant. The scientific novelty of the research lies primarily in a more precise explanation of the nature and orientation of legal realism in the United States, the role of O. Holmes' views in the formation of this trend in American legal thought. It is shown that this direction is heterogeneous and is only a refraction of specific larger trends in the legal science of the XIX century, as well as the important fact that the influence of pragmatism was not of significant importance, since it is through the unification of this philosophical and psychological direction with the ideas of later realists that legal realism in the USA is transformed into its modern version.
Citations count: 1
Reference:
Svetskiy A.V. —
Legal Protection of the Marine Environment from Oil and Petroleum Product Spills
// Legal Studies.
– 2023. – № 3.
– P. 1 - 12.
DOI: 10.25136/2409-7136.2023.3.39944 EDN: FHIONT URL: https://en.nbpublish.com/library_read_article.php?id=39944
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Abstract:
The article deals with social relations arising in the process of preventing and eliminating emergency oil and petroleum product spills in the marine environment. The danger of pollution of the marine environment by oil and petroleum products is reviewed, two major accidents related to the spill of oil and petroleum products are mentioned: the release of oil from the Exxon Valdez tanker and the Deepwater Horizon oil spill. The methods used to eliminate accidents in the Baltic Sea, as well as some features of this region, are considered. The special role of the Polar Code in the prevention of pollution of polar waters by oil and petroleum products is considered. The article also discusses the requirements for the prevention of accidental spills contained in international acts. The article notes that most of the existing international legal norms, as well as legal acts of national legislation, are aimed at ensuring compliance with the established rules for the transportation of oil and petroleum products, requirements for the operation of ships, their design features, as well as for the proper operation of equipment. It is necessary to eliminate gaps in legislation regarding the regulation of oil collection under ice in the polar region. It seems necessary to legislatively regulate the use of special means for monitoring oil spills. Legislation in the field of forecasting, accident prevention, as well as taking into account the natural features of the region of production and transportation of petroleum products needs further improvement
Citations count: 1
Reference:
Andrianova N.G. —
Digital Ruble: Features of Financial Legal Regulation
// Legal Studies.
– 2023. – № 8.
– P. 31 - 38.
DOI: 10.25136/2409-7136.2023.8.43816 EDN: UNLLBU URL: https://en.nbpublish.com/library_read_article.php?id=43816
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Abstract:
The features of the financial legal regulation of the digital ruble are analyzed in the article. The author analyzes the key provisions of the Digital Ruble Concept proposed by the Bank of Russia, as well as the latest amendments to the legislation introduced at the end of July 2023, regulating the specifics of the legal regulation of the digital ruble. It is indicated that the allocation of the digital ruble as a separate form of money was carried out by the Bank of Russia in the economic aspect, the digital form of the Russian national currency by its legal nature refers to non-cash funds. The definitions of the concepts of "digital ruble", "digital currency" and "cryptocurrency" are analyzed in the article, their main features are highlighted. As a result of the study, the author has found that the digital form is common to the digital ruble, digital currencies and cryptocurrencies. The digital ruble is a Central Bank digital currency and cannot be classified as a digital currency. Unlike digital currencies, the digital ruble is legal tender on the territory of the Russian Federation and refers to fiat money. These essential features of the digital ruble make it possible to conclude that it is impossible to apply Federal Law No. 259-FZ of 31.07.2020 "On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation" to the regulation of the digital ruble and on the implementation of legal regulation of the digital ruble mainly by the rules of financial legislation.
Citations count: 1
Reference:
Prizhennikova A.N. —
Perspectives of development of the specialized courts in Russia.
// Legal Studies.
– 2014. – № 6.
– P. 116 - 129.
DOI: 10.7256/2305-9699.2014.6.11845 URL: https://en.nbpublish.com/library_read_article.php?id=11845
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Abstract:
The article is devoted to the topical issues of formation and development of the specialized courts in Russia. Within the framework of the judicial reform it is offered to introduce specialized courts. The author provides specific proposals for the amendments of the current Russian legislation on these matters. The Federal Constitutional Law "On the Judicial System of the Russian Federation" provides for the possibility of institution of the specialized courts (Art. 26). There are two main categories of courts: general courts (courts of general jurisdiction) and specialized courts. There are several ways for including specialized courts into the judicial system. The scientific environment lacks an unified opinion on the formation of specialized courts. Some scientists speak against the formation of specialized courts. Others are in favor of formation of the specialized courts. That is why, this issue remains topical. The author makes a conclusion that specialized courts are necessary. Firstly, the presence of specialized courts is an evidence of democracy in the national judicial system within the framework of the rule of law state. Secondly, formation of the specialized courts shall facilitate the improvement of quality of judicial decisions, less mistakes in the judicial sphere, and wider scope of judicial protection for the citizens. The criteria for the specialization of the courts may be based upon the object, subject, procedural form, specialized (legislative) basis for the issues of regulation of specialized courts. The author responds to the question whether Russia needs specialized courts.
Citations count: 1
Reference:
Bronnikov A.M. —
Pledge of rights of corporate members and the procedure of their implementation on public markets
// Legal Studies.
– 2017. – № 5.
– P. 100 - 106.
DOI: 10.25136/2409-7136.2017.5.19969 URL: https://en.nbpublish.com/library_read_article.php?id=19969
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The research subject is the set of legal provisions aimed at the regulation of relations in the field of pledge of rights of corporate members, the practice of their application by antimonopoly service and courts, and the set of theoretical provisions about pledge. The author analyzes the problem of the legal nature of pledge over shares of an LLC’s registered capital, outlines topical legal problems, and offers the ways to solve them. The author also raises the question of realization of this subject of pledge on public markets. The research methodology is based on the set of general scientific and specific methods of jurisprudence such as analysis, synthesis, specification and abstraction, the comparative-legal, formal-legal, technical-legal, sociological methods, and the method of legal modeling. The scientific novelty of this study consists in the fact that though there are particular works on this topic, the issue of pledge of rights of corporate members hasn’t been studied sufficiently enough yet. Based on the analysis of sources, normative acts, judicial practice, and the practice of public marketing, the author offers concrete measures for the solution of particular legal problems, connected with pledge over shares of companies and their further realization on public markets for the purpose of meeting the liabilities to creditors.
Citations count: 1
Reference:
Damm I.A., Ron'zhina O.V., Tolstikova I.N., Popov A.V., Tabakova I.N., Petrovykh N.N., Akunchenko E.A., Sukhareva K.S., Shchedrin N.V. —
Topical issues of changing the procedure of incomes, expenditures, assets, and liabilities disclosure by persons serving as municipal officials
// Legal Studies.
– 2017. – № 5.
– P. 31 - 51.
DOI: 10.7256/2409-7136.2017.5.22713 URL: https://en.nbpublish.com/library_read_article.php?id=22713
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Abstract:
The research subject includes Russian statutory instruments, regulating disclosure of incomes, expenditures, assets, and liabilities by persons, serving as municipal officials, their spouses, and underage children. The authors study the legislative novels, introduced by the Federal Law of 03.04.2017 No 64 “On amending particular statutory instruments of the Russian Federation for the purpose of improvement of state anti-corruption policy”. Special attention is given to the content of new procedures of disclosure of incomes and expenditures, open access to such information, reasons for inspection, and the lack of a formalized procedure of initiation of a legal action by the highest official of the territorial unit of the Russian Federation in case the fact of providing unreliable or incomplete information on incomes and expenditures has been detected.
The authors apply general scientific method of dialectical cognition, and the set of specific methods: historical-legal, system-structural, comparative-legal, formal-logical methods, deduction, induction, definition and division of a notion. The authors detect the problem of legal uncertainty of disclosure of information on incomes, expenditures, assets and liabilities by persons, serving as municipal officials, according to the new procedure, adopted in 2017, due to the lack of procedures in territorial units of the Russian Federation. The article considers the key advantages and disadvantages of different ways of providing information on incomes and expenditures, the problems of its further publication and storage, and the issues of legal regulation of the reasons for initiation of inspection by the highest official of the territorial unit of the Russian Federation. The authors formulate the proposals about the formation of regional legislation, regulating the procedure of disclosure of information about incomes, expenditures, assets, and liabilities by persons, serving as municipal officials, according to the new procedure, and about the improvement of the current federal legislation.
Citations count: 1
Reference:
Kodan S.V., Fevralev S.A. —
Local law of the Grand Principality of Finland in the legal system of the Russian Empire: integration, sources, transformation (1808-1917).
// Legal Studies.
– 2013. – № 3.
– P. 258 - 317.
DOI: 10.7256/2305-9699.2013.3.498 URL: https://en.nbpublish.com/library_read_article.php?id=498
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The Grand Principality of Finland was included into the Russian Empire in 1808, and it became the first social and territorial area in the Russian Empire, which recieved an upheld till early XX century complete localization of state and legal system within the framework of the Russian statehood. Establishing the boundaries of the Muskovy in XI - XVII century and annexion of part of the Finnish lands of the Swedish Kingdom to Russia in XVIII century posed a problem of legal position of Finns as Russian citizens, and the formation of the Grand Principality of Finland posed a problem of local Finnish law within its system. The article is devoted to integration processes, the authors shows sources and changes in the particular law of this national region within the Russian Empire.
Citations count: 1
Reference:
Tsaliev A.M. —
Widening the scope of roles of constituent subjects of the Russian Federation in the state policy.
// Legal Studies.
– 2013. – № 3.
– P. 21 - 94.
DOI: 10.7256/2305-9699.2013.3.554 URL: https://en.nbpublish.com/library_read_article.php?id=554
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Abstract:
The article concerns many topical problems regarding widening the scope of roles of constituent subjects of the Russian Federation in domestic and foreign policy of the Russian Federation. It is offered to improve the distinction between the competences of the Russian Federation and its constituent subjects, state bodies of various levels via legal and organizational measures. In particular, it is noted that the together with the federal constitutional provisions, the treaties between the Russian Federation and its subjects may efficiently implement legal regulation of federal relations in all the variable regions of Russia. Taking into account analysis of legislation, scholarly writing and practical work, speeches by state officials on the issues of separation of competences of various public bodies, the author offers to take specific measures in order to widen the scope of roles of constituent subjects of the Russian Federation in its domestic policy. In order to make the foreign policy of the Russian Federation more efficient, the author also offers to broaden the scope of competence of the constituent subjects of the Russian Federation in the sphere of international activities, and to provide for it legislatively.
Citations count: 1
Reference:
Bondarenko D.V. —
Legal nature of a factoring agreement
// Legal Studies.
– 2016. – № 2.
– P. 1 - 14.
DOI: 10.7256/2409-7136.2016.2.18023 URL: https://en.nbpublish.com/library_read_article.php?id=18023
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Abstract:
The research subject is the theoretical problem of defining the legal nature of a factoring agreement. The article is aimed at forming the sufficient approach to the understanding of the legal nature of a factoring agreement. The author studies the particular constructions of a factoring agreement to analyze the essence of this phenomenon. Special attention is paid to the issue of complexity of the factoring agreement model. The research methodology includes the dialectical method, the system method, the methods of induction, deduction, abstraction, and the technical method. The author concludes that the mutual direction and the equality of assignment of a financial agent and a client in the factoring agreement determine its “credit-exchange” nature: monetary resources are replaced by financial claims. Provision of funds and financial claims assignment are the two main procedures defining the essence of the civil construction of factoring. The author reasons the opinion about the complex nature of a factoring agreement, based on the understanding of a complex agreement as a multicomponent agreement legislated as an independent form of a civil law contract. The conclusion about the complexity of the agreement, and the identification of the elements of combination can be applied in practice when considering the situation of a regulatory vacuum which can be overcome not only with the help of the provisions of law of obligation, but also using the provisions regulating the “primary” agreement.
Citations count: 1
Reference:
Usynin V.V. —
Problems of criminal responsibility for illegal organization of gambling including those types of it held via the Internet
// Legal Studies.
– 2016. – № 9.
– P. 68 - 74.
DOI: 10.7256/2409-7136.2016.9.20127 URL: https://en.nbpublish.com/library_read_article.php?id=20127
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Abstract:
The article considers the problem issues of criminal responsibility imposing on persons organizing or holding illegal gambling and its participants. The author analyzes criminal cases initiated in the Republic of Khakassia, Krasnodar krai and Tomsk region, outlines the main features of organized crimes, thus helping conclude about the necessity to improve the legislation by means of defining additional responsibility of all the guilty parties. The author considers such aspects as distinguishing the concepts of organization of, holding of and participation in illegal gambling. The author studies the recent practice of criminal procedure and preliminary investigation. The analysis on criminal legislation and the practice of application of penal instruments against illegal gambling demonstrates the absence of a proper legal consolidation of a prohibition of gambling. The author proposes the amendments to the Criminal Code which would improve combating illegal gambling.
Citations count: 1
Reference:
Naumenko O.N., Galkin V.T., Tkacheva T.V. —
Historical aspect of criminal law representations and the system of protection of rights of the indigenous peoples of the North in the territory of Yamal and Yugra
// Legal Studies.
– 2021. – № 4.
– P. 77 - 86.
DOI: 10.25136/2409-7136.2021.4.35554 URL: https://en.nbpublish.com/library_read_article.php?id=35554
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Abstract:
The subject of this research is the traditional representations of the indigenous small-numbered peoples of the North that reflect the system of punishments and protection of their infringed rights when they commit a crime in a community living by the traditional culture. The article employs the following sources: codes of customary law created in Russia in the XIX century, as well as ethnographic data that include field materials collected by the authors in 2019 – 2020, and published sources that reflect the norms of customary law of the indigenous peoples of the North in the XIX – early XX centuries. The goal of this work consists in revealing the peculiarities of traditional views of the indigenous peoples of the North in the sphere of criminal law relations and protection of the infringed rights. The scientific novelty consists in two aspects: 1) consideration of the so-called “witchcraft component” in analyzing the norms of customary law; 2) use of the General System Theory of L. von Bertalanffy as methodology (synergetic approach). This approach is not usually used for cross-disciplinary historical and legal research; however, allows us understanding the mechanism of transformation of legal norms of the indigenous peoples of the North in the conditions of influence of Russian legislation. The point of bifurcation is the turning periods, when the content of legal views is being changed irrevocably, and the new version is accepted as traditional and consolidated in the customary law. In conclusion, the authors note that in the XIX – early XX centuries, the criminal law representations and mechanism of protection of rights in the traditional culture of the indigenous peoples of the North implied communication with the spirits and hope for their justice in punishing the criminals. Certain norms of the Russian legislation that are similar to representations of the indigenous peoples of the North, infiltrated into the traditional culture, adapting to the customs; but overall, the criminal legislation of the Russian Empire collided with the views of the aborigines, which entailed the creation of the codes of customary law that were implemented in the judicial practice.
Citations count: 1
Reference:
Zaitsev A.V. —
The New Аgora: civil dialogue in the European Union.
// Legal Studies.
– 2012. – № 2.
– P. 62 - 89.
DOI: 10.7256/2305-9699.2012.2.123 URL: https://en.nbpublish.com/library_read_article.php?id=123
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Abstract:
This article describes the establishment of institutional structured civil dialogue between the EU institutions and civil society at the European, national and local levels. This process is seen as part of the legimization of the emerging political system of the EU under the Lisbon Treaty. The process of institutionalization of civil dialogue in the EU is compared with the process of dialogization of the interaction between state and civil society in modern Russia.
Citations count: 1
Reference:
Korchagin A.G., Trushova I.V. —
Issues of Legal Regulation of Bank Card Settlements
// Legal Studies.
– 2012. – № 3.
– P. 43 - 77.
DOI: 10.7256/2305-9699.2012.3.199 URL: https://en.nbpublish.com/library_read_article.php?id=199
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Abstract:
The article is devoted to the issues of legal regulation of bank card settlements taking into account the current civil and criminal laws and international experience. Unlike a number of foreign countries, the Russian Federation still hasn't adopted the law on 'The Electronic Document' which would allow to eliminate the gaps we have in our legislation today. The author gives statistics of detection of economic crime by internal affairs authorities not only in the Russian Federation but also in Primorsky Krai and Khabarovsk Territories.
Citations count: 1
Reference:
Kodan S.V., Fevralev S.A. —
Formation and development of local law in Bessarabia within the Russian Empire (1812-1917).
// Legal Studies.
– 2013. – № 4.
– P. 230 - 285.
DOI: 10.7256/2305-9699.2013.4.502 URL: https://en.nbpublish.com/library_read_article.php?id=502
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Abstract:
Bessarabia was a social and territorial entity within the Russian Empire, where the model of local self government with evident autonomy elements was formed in the Russian state. It influenced the processes of integration of hte Bessarabian law into the system of law of the Russian Empire, and it had two stages of development. On the first stage (1812-1828) the local law in Bessarabia was recognized as an autonomous system of legal norms, and on the second stage (starting from 1828) the legislation was unified in the public law sphere, while the local law remained in the system of civil law, and special laws were passed by the Russian government for this region. The article concerns the above-mentioned issues.
Citations count: 1
Reference:
Kireeva A.V., Zolotareva A.B. —
Legal Models of State-Private Interaction in the Educational Sphere
// Legal Studies.
– 2016. – № 1.
– P. 1 - 17.
DOI: 10.7256/2409-7136.2016.1.17562 URL: https://en.nbpublish.com/library_read_article.php?id=17562
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Abstract:
The article analyzes the problem of lack of preschool institutions and studies the regional practice of applying various models of state-private partnership in the sphere of preschool education. The authors outline three basic models of state-private interaction in the sphere of preschool education, based on concessions, state-private partnership agreements, and state-private interaction according to the model “Building-Sad” (“Building-Kindergarten”), which doesn’t entirely correspond with the concept of state-private partnership. In order to reveal the advantages and disadvantages of the applied models of state-private interaction, the authors use logical, systems and statistical analysis. The results of the research demonstrate that involvement of private partners per se doesn’t guarantee budget resources saving. In the process of joint projects realization it is usually achieved by means of shifting the part of costs onto the consumers, or at the expense of loss of quality. The authors prove that under condition of shortening kindergarten wait-lists, the share of services of preschool institutions can be increased only by means of fiscal stimulus.
Citations count: 1
Reference:
Babich I.L. —
Blood Feud in Northwestern Caucasus: History and the Present
// Legal Studies.
– 2016. – № 1.
– P. 85 - 121.
DOI: 10.7256/2409-7136.2016.1.17701 URL: https://en.nbpublish.com/library_read_article.php?id=17701
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Abstract:
On the base of the archive and field materials the author of the study demonstrates the evolution of the tradition of blood feud as a part of the mountain adat in the life of Adygs, one of the large peoples of the North Caucasus. The author describes the factors which influence the changes of their life. The research covers the period from the 18th century till the 2010s, including three historical periods: the period of the Russian Empire, the period of the USSR and the period of post-Soviet Russia. The research is based on the archive materials of the Central State Archive of the republic of Kabardino-Balkaria and others, and on the field ethnographical materials of some North-Caucasian republics. The author applies the narrative method to analyze the collected materials. The author comes to the conclusion about the significant development of blood feud as a legal institution of Agygs in the 19th century. Firstly, it hadn’t always been carried out according to the talion law, i.e. equal damage. Secondly, blood feud had often been limited to immediate relatives. Thirdly, the new factors had appeared in blood feud, which influenced its development, e.g. ties of relationship and class. Fourthly, the ideology of post-reform Adyg community had in many respects changed its guidelines. In the late 19th century the role of personality traits of the participants of the conflict significantly rose. The author supposes that blood feud as a form of social control transformed into one of the forms of relationships between the community members. In the Soviet period blood feud became, on the one hand, more politicized, on the other hand, more personalized, and lost its group character, which had characterized it during the previous centuries. During the 1990s – the 2010s blood feud was again used as a response to the escalation of a conflict. It was conditioned by the new socio-economic and social and political circumstances, typical for post-Soviet Russia.
Citations count: 1
Reference:
Purge A.R. —
Adjudication of disputes between parents about the abiding place of an underage child
// Legal Studies.
– 2016. – № 8.
– P. 27 - 37.
DOI: 10.7256/2409-7136.2016.8.19824 URL: https://en.nbpublish.com/library_read_article.php?id=19824
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Abstract:
The research subject is the set of provisions of Russian family legislation regulating the procedure of defining the abiding place of an underage child of the parents living apart, and the law enforcement practice of courts of general jurisdiction in the consideration and adjudication of such disputes. The research object includes family and adjective relations between the parents of an underage child arising during the consideration and adjudication of disputes about defining the abiding place of an underage child. The author applies general and special scientific methods. To analyze the new and the old family law rules, the author uses the comparative-legal and the formal-legal methods. The article studies the practice of application of legal norms in the adjudication of disputes about the abiding place of a child. The variety of factors causing the family crisis and, subsequently, the disputes between parents about the abiding place of a child, testify to a necessity to use the existing potential of measures, aimed at the protection of rights and lawful interests of the participants of family relations, and to form new mechanisms of family, maternity, paternity and childhood support. The author’s analysis helps reveal the existing shortcomings in this sphere of family relations and the possible ways of their overcoming. The author concludes that one of the problems of defining the abiding place of a child with one of the parents is the enforcement of court decision. Court decisions on such cases are often not observed by the parties, and it causes new family rights cases.
Citations count: 1
Reference:
Zolotareva A.B. —
Risks of Transition to a Market Placement of the State Order for Social Services
// Legal Studies.
– 2018. – № 2.
– P. 17 - 26.
DOI: 10.25136/2409-7136.2018.2.21562 URL: https://en.nbpublish.com/library_read_article.php?id=21562
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Abstract:
The article is devoted to the analysis of the development of the laws on funding the state order for social services over the last 10 years as well as planned reforms in this sphere. The author of the article demonstrates the current transfer from estimate financing of state and municipal organizations to paying for their services based on normative funding serves the purpose of transfer to the market placement of the state (municipal) order for social services. In her article Zolotareva applies traditional law methods such as comparative law analysis as well as logical analysis. Based on the results of her research, the author concludes that curent and planned changes in funding social services provoke certain risks including risks of uncontrolled reduction of the budget, property of state organizations and reduction of the quality of social services. To reduce these risks, the author believes it is necessary to completely review the concept of the reform and to refuse from a number of measures.
Citations count: 1
Reference:
Grishin P.A. —
Self-Defense and Self-Protection of Civil Rights and Legitimate (Legally Protected) Interests: the Distinction of Enforcement Institutions of the Domestic Law
// Legal Studies.
– 2018. – № 6.
– P. 30 - 37.
DOI: 10.25136/2409-7136.2018.6.22297 URL: https://en.nbpublish.com/library_read_article.php?id=22297
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Abstract:
The subject of the article is the illegitimate concept of “legitimate (legally protected) interests” that is described in the “defense of rights” point of view, moreover the terms "defense" and “protection” are semantically analyzed and compared. Else in this article the powers included into the legal institution of "self-defense of civil rights" are considered, besides, using the doctrinally developed positions on this legal institution “in its broad sense”, the concept of "protection of civil rights and legitimate (legally protected) interests" is offered. The main research methods used in this article are: analysis, extrapolation, identification, abstraction, method of expert evaluation, systematization, modeling and comparison. The main conclusions are: "legitimate (legally protected) interests" are also subjects of defense on an equal basis with rights, "defense" is a legal institution of a suppressitive and restorative nature, while protection that requires separate legislative support is aimed to preventing of violations and contestations, the legal introduction of the term "self-protection" based on the understanding of the concept of "preventive self-defense" is offered.
Citations count: 1
Reference:
Ermakova I.V. —
Protection of consumer rights from unfair online advertising: certain theoretical and practical aspects
// Legal Studies.
– 2021. – № 7.
– P. 29 - 47.
DOI: 10.25136/2409-7136.2021.7.35978 URL: https://en.nbpublish.com/library_read_article.php?id=35978
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Abstract:
The subject of this research is the legal norms aimed at regulation of relations in the sphere of protection of consumer rights with regards to online advertising, including contextual and targeted advertising, as well as other type advertising distributed over telecommunication networks. The object of this research is the social relations arising in the process of creation, placement, and consumer perception of the aforementioned types of advertising. Special attention is given to the theoretical and practical aspects of protecting the basic consumer rights in the context of distribution of the indicated types of advertising, as well as compliance to the corresponding legislative prescriptions by the advertisers, including prohibition to mislead consumers, requirement to distribute advertising over telecommunication networks after receiving advance consent of the consumer, etc. The article provides the examples of court decisions and decisions of the Federal Antimonopoly Service of the Russian Federation on consideration of the this category of cases. The novelty of this research consists in outlining the effective approaches of the courts and the Federal Antimonopoly Service of the Russian Federation applicable to the essence, concept and relevant issues of legal regulation of online advertising in the context of protection of consumer rights, including controversial aspects of qualification of online advertising in accordance with the criteria of misleading or deception, as well as questions on due processing of consumer consent to distribution of advertising over telecommunication networks. The author makes recommendations for the improvement of corresponding norms of the Federal Law “On Advertising” and the Federal Law “On The Protection of Competition”, namely to stipulate on the legislative level the provisions that qualify advertising as inappropriate if contains potentially misleading or deceptive content, as well as that consent to receive advertising through telecommunication networks should be in a written form and contain the signature of the consumer.
Citations count: 1
Reference:
Markov P.V. —
Conditions for the exercise of judicial discretion in сontinental and common law countries
// Legal Studies.
– 2012. – № 4.
– P. 73 - 107.
DOI: 10.7256/2305-9699.2012.4.318 URL: https://en.nbpublish.com/library_read_article.php?id=318
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Abstract:
The article deals with the specific features of judicial discretion within the framework of civil law (continental) and common law (Anglo-Saxon) legal systems. The definitions of judicial discretion and of the conditions for its exercise are formulated. The author puts forward the theory of two models of judicial discretion which differ from each other with regard to such matters as 1) functioning of judicial system; 2) hierarchy of sources of law; 3) practice of application of various means of interpretation of the legal rules; 4) development of legal doctrine; 5) adaptation of legal transplants; 6) characteristics of national legal systems.
Citations count: 1
Reference:
Bezgin V.B. —
Rural Public Administration and its Representatives As They Were Viewed by Russian Peasants (second half of XIX - beginning of XX centuries)
// Legal Studies.
– 2013. – № 2.
– P. 155 - 192.
DOI: 10.7256/2305-9699.2013.2.514 URL: https://en.nbpublish.com/library_read_article.php?id=514
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Abstract:
Based on the analysis of numerous archives, the author of the article describes the attitude of rural population towards local government and its representatives. The author describes how village community assemblies functioned and made their decisions and how peasants perceived activities performed by elected representatives of rural public administration. The author also describes the nature of rural administration activities as well as attitude of local population towards it.
Citations count: 1
Reference:
Zvyagin V.N., Galitskaya O.I., Fomina E.E. —
Program diagnostic complex "grade-rec": biometric sorting and reconstruction of destroyed corpses in emergency situations.
// Legal Studies.
– 2014. – № 1.
– P. 75 - 85.
DOI: 10.7256/2305-9699.2014.1.9963 URL: https://en.nbpublish.com/library_read_article.php?id=9963
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Abstract:
The natural and technogenous catastrophes, terrorist acts have numerous victims. The possibility for the identification of the dead is usually dependent upon the level of destruction of the corpses. This principle serves as the basis for the judicial medical sorting in emergency situations. The final aim of sorting is to establish which of many various fragments belong to corpses of specific persons. Reconstruction of destroyed corpses by their parts has humanitarian and religious value in addition to expert practical importance. Success of body part sorting (either direct or computer-based "assembly" by separation planes and anatomic property) depends on lack of significant corpse fragmenting and limited number of victims. In most other cases this target is achieved after laboratory studies, and not in real-time mode. Based on above-mentioned issues, the topical problem for the judicial medical expertise at the focal point of the emergency situation is practical introduction of the specialized program diagnostic complexes, allowing to automatize the process of sorting of destroyed corpses and to restore their entirety and to form an electronic database on group and individual personal characteristics.
Citations count: 1
Reference:
Kodan S.V., Vladimirova G.E. —
Provisions for the legal status of the members of the royal family in the Code of the Fundamental State Laws of the Russian Empire of 1832-1892.
// Legal Studies.
– 2014. – № 5.
– P. 38 - 68.
DOI: 10.7256/2305-9699.2014.5.11587 URL: https://en.nbpublish.com/library_read_article.php?id=11587
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Abstract:
The object of studies concerns the Code of the Fundamental State Laws of the Russian Empire on the issue of legal provisions regarding the Russian royal family. The authors show place and role of these norms in defining the legal status of the members of the royal family and its value in the relevant institution of the Russian public law. Special attention is paid to the analysis of the Institution of Imperial Family as an element of the Code of the Fundamental State Laws of the Russian Empire of 1832-1892. The methodology of studies is based upon the historical and formal legal approaches, showing the normative basis and contents of the Code of the Fundamental State Laws of the Russian Empire in part of analysis of the legal position of the royal family. The scientific novelty is due to the analysis of the Code of the Fundamental State Laws of the Russian Empire of 1832-1892 in the sphere of provisions for the legal status of the members of the royal family. Following the European tradition for special "Family Laws" on relations between the monarch and the members of the royal family, and their legal position, the legal status of a royal family was rather clearly defined in the legislation of the Emperor Paul the I (1797). Based upon these provisions the Code of the Fundamental State Laws of the Russian Empire provided for a special division: Institution on Royal Family. It provided for a special institution of public law for a royal family, regulating such public law relation as the procedure for acquiring the rights of members of the royal family, establishing family relations as the basis for inheriting the throne, obligations of the Emperor to support rule of law and order in the royal family, obligations of the members of the royal family, and the obligation to be faithful to the ruling Emperor. The specific features of the family and marriage issues, property and inheritance were also regulated in the Code.
Citations count: 1
Reference:
Kulikov E.A. —
On the issue of a notion “legal liability grounds”
// Legal Studies.
– 2015. – № 1.
– P. 39 - 46.
DOI: 10.7256/2409-7136.2015.1.13658 URL: https://en.nbpublish.com/library_read_article.php?id=13658
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Abstract:
The article considers the questions of legal liability grounds. The author notes that today there is no common understanding of legal liability grounds in the sphere of general legal theory and theory of legal liability, since the research has been carried out strictly in the field of criminal law. This article is a theoretical, philosophical and interdisciplinary study of the issue of legal liability grounds. From a philological position the author studies the notion of grounds. The author considers juridical, factual, philosophical and social grounds. The author uses the juridical dogmatic, historical-legal methods, the method of interpretation of law. In addition the author uses general scientific philosophical methods. The author makes an attempt to enlarge the list of legal liability grounds, and explains this enlargement. The author offers the definition of legal liability grounds on the base of philosophy and linguistics achievements. The article raises a problem of necessity of the whole variety of legal liability grounds revelation, since the lack of at least one of them undermines legal liability legitimacy.
Citations count: 1
Reference:
Davydova M.L. —
Legal norm, regulatory direction, and statutory exclusion are multiordinal categories
// Legal Studies.
– 2016. – № 4.
– P. 37 - 44.
DOI: 10.7256/2409-7136.2016.4.18805 URL: https://en.nbpublish.com/library_read_article.php?id=18805
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Abstract:
The research subject is the structural elements of the text of a statutory act. The study is written in the scientific polemics genre as a reaction to the idea of correlation between regulatory direction and statutory exclusion presented in the latest literature on theoretical and legal science. The author of the article has devoted many years to the study of the regulatory direction category, and considers the possible variants of correlation between regulatory direction, legal norm, and statutory exclusion from the position of the traditional scientific ideas. Special attention is paid to the scientific value of the legal concepts in question in their classical interpretations. Along with the technical method, the author applies the normative text analysis. The author substantiates her conclusions with the examples of texts of statutory acts illustrating the existing ways of enactments stating. The novelty of the study consists in the discovered ways of legal exclusions stating in the articles of statutory acts. The author concludes that the correlation between regulatory direction and statutory exclusion is changeable, since exclusions can vary according to their extent from a part of a sentence to several statutory acts. Therefore the author criticizes regulatory direction mentioning in the definition of statutory exclusion. The author proves that it is necessary to harmonize classical terms of the theory of law with the newest ones avoiding an arbitrary revision of the established scientific categories.
Citations count: 1
Reference:
Pshenichnyi R.V. —
Criminalistic Characteristic of Personality of a Criminal Who Has Committed Theft of Property
// Legal Studies.
– 2019. – № 3.
– P. 20 - 26.
DOI: 10.25136/2409-7136.2019.3.29295 URL: https://en.nbpublish.com/library_read_article.php?id=29295
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Abstract:
The matter under research is an integral system of different personality traits of a criminal who has committed theft of property. These are the personality traits that serve as important factors of criminal behavior taking into account external and internal circumstances. Information about it can be used to discover and investigate crime. The author of the article examines such aspects topics as common features and traits of individuals who have committed theft, analysis of typical characteristic of these individuals, discovery of functional relations and patterns in criminal behavior. The research methodology implies complex research of personality behavior through analyzing theoretical data and statistical information. As the main outcome of the research, the author gives a typical portrait of criminals of this kind, describes their typical features and personality traits. The researcher also describes common patterns of their criminal behavior. The research results can be used in the process of crime investigation as well as prevention of this kind of crime.
Citations count: 1
Reference:
Khovavko S.M. —
Detention of Sexual Crimes Considering Their Operational Search Characteristic
// Legal Studies.
– 2019. – № 7.
– P. 80 - 89.
DOI: 10.25136/2409-7136.2019.7.30300 URL: https://en.nbpublish.com/library_read_article.php?id=30300
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Abstract:
The subject of the research is particular elements of operational search characteristics of sexual crimes. According to the author, awareness of these elements would increase efficiency of operational subdivisions of internal affairs agencies in discovering of sexual crimes as well as developing efficient tactical tools of sexual crime detention. The researcher analyzes specific structure and dynamics of sexual crimes, personality of a criminal, personalities of victims and their victim behavior, most typical time, place, method, weapon or other means of sexual crime commitment, typical traces of such crime, search signs of series crime and measures that help in investigation of sexual crime taking into account operational search characteristic thereof. The research methods used by the author included analysis, synthesis, modelling, statistical method, analysis of best practices and summary of practical activity of law enforcement agencies. The main contribution of the author to the topic is that the athor describes the main elements of operational search characteristic of sexual crimes and creates a list of measures that should be undertaken by law enforcement agencies to investigate sexual crimes considering applicable laws, theory and practice of operational search activity and modern criminal trends.
Citations count: 1
Reference:
Belikova K.M. —
Legal responsibility of a scholar for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human in the BRICS countries
// Legal Studies.
– 2020. – № 4.
– P. 11 - 28.
DOI: 10.25136/2409-7136.2020.4.33249 URL: https://en.nbpublish.com/library_read_article.php?id=33249
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Abstract:
Based on the legal material of BRICS countries, this article conducts a scientific analysis on the question of legal responsibility of a scholar for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human. The relevance is substantiated by the impact upon legal and medical science, as well as the perceptions of peoples and experts (lawyers, medical personnel, sociologists, etc.) affected by new technologies, which currently allow doing what no one could ever imagine, unless in the films or books of science-fiction genre. The author examines different legal scenarios. The scientific novelty consists in the choice of countries – BRICS; the subject of research – legal responsibility for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human; analysis of the selected circle of questions in cross-disciplinary aspect, from the perspective of jurisprudence, medicine, and ethics). The conclusion is made that the approaches of national legislation are influenced by a range of problems that justify the corresponding legal regulation (for example, GMO in Brazil, prohibition of prenatal sex discernment in India, situation after He Jiankui’s experiment in China, etc.).
Citations count: 1
Reference:
Kabanov P.A. —
Debating Points of Modern Russian Political Criminology
// Legal Studies.
– 2012. – № 4.
– P. 240 - 267.
DOI: 10.7256/2305-9699.2012.4.220 URL: https://en.nbpublish.com/library_read_article.php?id=220
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Abstract:
The article is devoted to the basic issues about the status of modern Russian political criminology as an independent branch of criminology. The author provides a brief review of the most major researches on this topic both in Russia and abroad. The author shares his own views on the subjet of Russian political criminology, describes disputable concentual problems and suggests how to solve these problems in the nearest future. In addition, the author establishes the main goals of Russian political criminology modern Russian criminologists should focus on.
Citations count: 1
Reference:
Belkovets L. —
Foreigners in the Soviet Russia (the USSR): regulation of their legal status and stay (1917-1939). Part 2.
// Legal Studies.
– 2013. – № 6.
– P. 220 - 284.
DOI: 10.7256/2305-9699.2013.6.808 URL: https://en.nbpublish.com/library_read_article.php?id=808
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Abstract:
The article contains analysis of legal status of foreigners in the Soviet Russia in 1920s - 1930s. The author provides analysis of domestic legislation, international treaties and special literature, as well as of Russian and foreign archives. The author then studies the general legal status of foreign citizens and some specific categories, such as workers and peasants, intellectuals (doctors, teachers, engineers, etc.). The author establishes the fact that in the RSFSR the foreign citizens had a wide scope rights, including political rights, such as electoral rights, civil rights, including proprietary, family and marital, labor relations, right to judicial protection. The author also studied special status of the German citizens in the USSR according to the treaty law, regime of their stay, order for entering and leaving the RSFSR and USSR for the foreign and Soviet citizens, the procedure of acquiry of the Soviet citizenship by the foreign nationals. The author also studies the novelties in the law on citizenship of 1938. The author then makes a conclusion that there was a national regime for the foreigners in Russia at the said period of time. It is reflect in almost full equality in rights provided to the foreigners residing in its territory "for labor purposes" and the citizens themselves.
Citations count: 1
Reference:
Bezgin V.B. —
Theft in Russian villages in second half of XIX and early XX centuries.
// Legal Studies.
– 2013. – № 6.
– P. 285 - 319.
DOI: 10.7256/2305-9699.2013.6.5112 URL: https://en.nbpublish.com/library_read_article.php?id=5112
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Abstract:
The article includes analysis of theft as a type of crimes against property in Russian villages in second half of XIX and early XX centuries. Based upon a wide range of archive and ethnographical sources the author discusses the elements of customary legal attitudes of the Russian peasants towards encroachments of property of other persons. The author uncovers the causes of growth of crime among the peasants, including growing number of thefts in the villages at the said period. He also provides for attitudes towards theft, theft from churches, horse theft among the village people. He studies the forms of non-judicial punishments of criminals by the peasants, specific features of justice for peasants and forms of punishments applied to the criminals by the district courts. The article contains analysis of differences between customary law and provisions of official legislation on responsibility for the theft.
Citations count: 1
Reference:
Kabanov P.A. —
Public control in the sphere of fighting corruption as a scientific legal category and its contents.
// Legal Studies.
– 2014. – № 9.
– P. 84 - 97.
DOI: 10.7256/2305-9699.2014.9.13003 URL: https://en.nbpublish.com/library_read_article.php?id=13003
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Abstract:
The object of the studies involves public control in the sphere of fighting corruption as a scientific legal category and its contents. The goal of the studies is to develop a scientific legal category of "public control in the sphere of fighting corruption" and discussing its contents. The main purposes of the studies involve: a) search, revealing and description of the key structural elements of public control as a legal category in the Russian federal and regional legislation and by-laws; b) development of the scientific legal category of public control in the sphere of fighting corruption based upon normative legal acts and scientific literature; c) reveling contents of the public control in the sphere of fighting corruption as a legal category. The methodological basis for the studies involves dialectic materialism and the general scientific methods, which are based upon it, such as: analysis, synthesis, comparison, extrapolating, as well as other methods applied in legal studies. The scientific novelty of the study is due to the fact that the author offers a new legal category "public control in the sphere of fighting corruption" with regard to the recently adopted (summer of 2014) federal Russian legislation on public control, and the author reveals the contents of this category. This category may be used in the further legal studies in the sphere of fighting corruption and studies of the phenomenon of public control.
Citations count: 1
Reference:
Agapov I.O. —
On the issue of the essence of a public-private partnership (PPP)
// Legal Studies.
– 2016. – № 2.
– P. 70 - 77.
DOI: 10.7256/2409-7136.2016.2.17719 URL: https://en.nbpublish.com/library_read_article.php?id=17719
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Abstract:
The research subject is the institution of a public-private partnership in the Russian Federation. The author formulates its scientific and legal definitions, outlining the following criteria of a PPP: 1) a public objective; 2) a special subject composition; 3) a long-term character of relations; 4) risks allocation. On the base of a detailed analysis of these criteria the author formulates the thesis about the true essence of the Russian practice of a mutually beneficial cooperation of public and private entities. The author compares the Russian and the foreign experience of implementation of public-private projects. The author applies various scientific methods, including deduction, analysis, comparison, and the technical method. The novelty of this research lies in the clear, theoretically and empirically sufficient criticism of the current condition of the sphere of interaction of the society and the state; of the fragmented and ambiguous character of legislative provisions regulating public relations in this sphere; of the preferences granted by the authorities to the large business in contrast to the rest part of the society, which is, due to the natural reasons, unable to provide financial benefits in the nearest future, etc.
Citations count: 1
Reference:
Shigurov A.V. —
The problems of implementation of the random sampling principle in the jury formation in Russian criminal proceedings
// Legal Studies.
– 2016. – № 3.
– P. 7 - 15.
DOI: 10.7256/2409-7136.2016.3.17907 URL: https://en.nbpublish.com/library_read_article.php?id=17907
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Abstract:
The article contains the critical analysis of the procedure of formation of a preliminary list of candidates to the jury. The author studies such its drawback s as the lack of guarantees of the random sampling principle observance and its isolation from the sides. The author develops the procedure of a preliminary list of candidates formation which should allow the sides and the superior court to control the observance of the law, whereas the current legislation doesn’t contain the guarantees of a list of candidates formation on the base of the random sampling principle. The author carries out the comparative analysis of the methods of selection of candidates and generalizes the judicial practice on the issues of formation of a preliminary list of candidates to the jury. The author substantiates the following suggestions: 1) to legislate the selection of candidates to the jury with the use of computer programs; 2) to vest the sides with the right to attend the procedure of formation of preliminary lists; 3) to record the procedure and the results of selection of candidates.
Citations count: 1
Reference:
Alekseenko A.P. —
Survey and extraction of space resources: law making experience of the USA
// Legal Studies.
– 2016. – № 5.
– P. 34 - 41.
DOI: 10.7256/2409-7136.2016.5.18968 URL: https://en.nbpublish.com/library_read_article.php?id=18968
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Abstract:
The research subject is the set of provisions of international law and the U.S. national legislation in the field of legal regulation of commercial activities aimed at the survey and extraction of space resources by private entities. The author studies the legal regime of minerals, contained in planets and asteroids, and the legal possibility of their commercial use by citizens (legal entities). The author analyzes the U.S. Commercial Space Launch Competitiveness Act and compares it with the provisions of international law. To reveal the importance of provisions of the American legislation in the field of commercial space resources extraction, the author applies the comparative-legal and the technical research methods, analysis, and synthesis. The novelty of the study lies in the fact that the research of legal regulation of commercial survey and extraction of space resources in foreign states hasn’t been carried out in the Russian Federation so far. The author comes to the following conclusions: international law doesn’t prohibit the survey and extraction of space resources by private entities; persons, extracting minerals form planets (asteroids), have to follow the rules of the state of their citizenship; the Russian legislator should revise its attitude toward private space activity and initiate the development of the concept of the respective law.
Citations count: 1
Reference:
Erzin R.M. —
On the principle of preserving Russia’s state sovereignty at joining the Eurasian Economic Union
// Legal Studies.
– 2017. – № 12.
– P. 1 - 11.
DOI: 10.25136/2409-7136.2017.12.24941 URL: https://en.nbpublish.com/library_read_article.php?id=24941
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Abstract:
The research object is the problems of preserving state sovereignty in the era of globalization. The problem of understanding the very concept of “state sovereignty” as a constitutional and legal category is still topical. Urgent is the problem of preservation and indivisibility of state sovereignty of a state when it joins an interstate association and delegates state powers to the supranational body of this association. This problem is especially topical for the Russian Federation since the country is a participant of the Eurasian Economic Union. The research methodology is based on the dialectical approach considering phenomena and processes in their dialectical interrelation, contradictions and development. The author uses general scientific methods (analysis, synthesis, induction, deduction, classification, description and comparison) and specific scientific methods (formal-legal, comparative-legal, historical-legal and system-structural). The scientific novelty of the study consists in the detection of essential components of state sovereignty. The author defines the peculiarities of the Eurasian Economic Union as an interstate association, analyzes the problem of obligatory and non-obligatory nature of decisions of the bodies of the Union for its member-states. The author formulates the conclusion that when Russia joins an interstate association, the principle of preserving the state sovereignty comes into action, since joining an interstate association is connected with free-will delegation of state powers by the state to the supranational association in a particular sphere for the purpose of national interests.
Citations count: 1
Reference:
Morkhat P.M. —
Smart Contracts and Artificial Intelligence: Civil Right Perspective
// Legal Studies.
– 2018. – № 5.
– P. 1 - 6.
DOI: 10.25136/2409-7136.2018.5.26124 URL: https://en.nbpublish.com/library_read_article.php?id=26124
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Abstract:
The article is devoted to the definition of the term 'smart contract' and how it is used by civil law. The idea of smart contracts was created in 1994 by Nick Szabo who defined it as a computer protocol of transaction that is made to faciliate a performance of a contract. The blockchain is a limited form of a smart contract. Today the technology of distributed ledgers (including bitcoin blockchain) have revived smart contracts and have made them applicable again. Smart contracts is a next step in developing the blockchain technology allowing an automatic performance of a contract after parties come to agreement. It implies remote, full and quick performance of contractual obligations. In this research Morkhat has used such methods as analysis, comparison, analysis of the history of creation and development of the term, and legal expirement. Smart contracts, in fact, are not that 'smart' in terms of artificial intelligence. Generally speaking, the term 'smart contract' does not necessarily mean attribution to artificial intelligence technologies. However, there are certain points where these technologies interact. Recent findings in the field of crypto currency and smart contracts create new opportunities for using artificial intelligence methods. These economic technologies stand to gain from deeper knowledge and analysis because they will be integrated in everyday trade. Crypto currency and smart contracts can also provide infrastructure for artificial intelligence systems conforming to legal standards and safety regulations as they integrate more and more in a human society.
Citations count: 1
Reference:
Den D. —
Application of Anti-Dumping Measures That May Be Needed in the Process of Organizing Tenders for State and Municipal Needs
// Legal Studies.
– 2018. – № 8.
– P. 1 - 8.
DOI: 10.25136/2409-7136.2018.8.26837 URL: https://en.nbpublish.com/library_read_article.php?id=26837
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Abstract:
The present article is devoted to the analysis of legal and economic reasons of unbiased reduction of the initial contract price by tender participants. The object of the research is the social relations that may arise during application of security measures in the process of establishing agreements between participants in order to conclude a civil law contract for the interests of public-law entities. The subject of the research is the standards that regulate the procedure for applying anti-dumping measures during auctions and tenders organized for state and municipal needs. The methodological basis of the research implies a set of general and special research methods. In the course of the research the author has applied the dialectical method, systems approach and comparative law method. The author concludes that dumping is the mean of unfair competition of state procurement participants. The author carries out an analysis of law enforcement practice of the Federal Antimonopoly Service of Russia that relates to violations of laws regulating the procedure of application of anti-dumping measures during tenders. As a conclusion of the research, the author makes legal and technical recommendations that may allow to avoid unbiased decrease of initial price by dishonest suppliers.
Citations count: 1
Reference:
Aganina R.N. —
Modern Format of Audit Activity Regulation
// Legal Studies.
– 2022. – № 9.
– P. 10 - 24.
DOI: 10.25136/2409-7136.2022.9.38731 EDN: TQHDUL URL: https://en.nbpublish.com/library_read_article.php?id=38731
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Abstract:
The focus of this article is the paradigm of regulation of auditing activities at the present stage. The subject of the study is a number of provisions of the Concept of development of auditing activities until 2024. This program document determined the further vector of development of state regulation and self-regulation of auditing activities. The separate novelties of the legislation in the context of the modern format of regulation of audit activity are analyzed. The article summarizes the emergence of a "regulatory triangle" in the audit services market in connection with the granting of control powers to the Bank of Russia, which leads to excessive regulation of auditing activities. The main changes in the institute of self-regulation of auditing activities are noted: updating the conceptual apparatus, abandoning standardization and the numerical composition of the self-regulating organization. The article provides an assessment of a two-level system of requirements imposed on the subjects of audit activity. Positively assessing the institution of mandatory requirements, the author of the article is skeptical about the second direction of regulation - recommendations. Consideration of the recommendations as a prototype of the standards of a self-regulatory organization is not reflected in the legislation on auditing. The problems of excessive regulation of the audit services market due to the granting of control powers to the Bank of Russia are outlined. The author sees an opportunity to improve the quality of audit services provided in the form of a return to the practice of issuing qualification certificates in certain areas, in particular, in the direction of "audit of credit institutions". Thus, strict filtering of subjects should be carried out at the stage of access to the audit market, and control powers under this model should remain with the Federal Treasury and the self-regulatory organization. The refusal to standardize auditing activities, the functioning of only one self-regulating auditing organization devalues the very idea of self-regulation. Under such conditions, self-regulation of audit activity does not act as a worthy alternative or continuation of state regulation.
Citations count: 1
Reference:
Nikiforova A.V. —
Legal positions of bodies of the constitutional justice on territorial organization of local government
// Legal Studies.
– 2012. – № 1.
– P. 69 - 91.
DOI: 10.7256/2305-9699.2012.1.29 URL: https://en.nbpublish.com/library_read_article.php?id=29
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Abstract:
In this article author examines legal positions of the Constitutional Court of the Russian Federation and constitutional courts of constituent subjects of Russian Federation on territorial organization of local government. Then the author offers some options of their classifications. The author also studies direct and indirect influence of these legal positions on improvement of legislation on territorial organization of local government and influence on the legislators.
Citations count: 1
Reference:
Zvyagin V.N., Usacheva L.L., Narina N.V. —
Method for defining the Caucasian - Mongoloid racial identity based on physeognomic elements.
// Legal Studies.
– 2014. – № 3.
– P. 70 - 93.
DOI: 10.7256/2305-9699.2014.3.9967 URL: https://en.nbpublish.com/library_read_article.php?id=9967
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Abstract:
The racial identity of an individual is one of the group characteristic features of a person, and there is need for its diagnostics in various expert situations. It may include expert evaluation of a live person, filling in an authentication card for a corpse, description of a corpse of an unidentified person, provision of a verbal description of a missing person or a criminal suspect, description of appearance based on photo portraits for further identification or comparative studies, diagnostics based on scull, teeth and bones of post-cranial skeleton in the expertise of skeletized remains, reconstruction of the appearance based on skull, etc. In other words, the necessity for the racial identification of an individual is obvious. The author offers a list of features for establishing whether an individual belongs to a certain race. The author offers to amend the existing list for expert evaluation of living persons and studies of photographs of persons of known racial identity with the different list of elements and provide statistical substantiation for the deciding rule in expert opinions. The author also establishes the number of elements is necessary or sufficient for the positive or relative inclusion of an individual into one of two (Caucasian or Mongoloid) races, making a conclusion on the mixed origin or refusal to make a decision. The procedure for evaluation of each element is provided in detail, and the expert approbation for the method is provided. The author considers that in the future the analogous approach shall be used for the formation of the list of race-diagnostic somatic elements.
Citations count: 1
Reference:
Kurbanov R.A. —
Legal regulation in the sphere of renewable sources of energy and environmental protection (Mexico).
// Legal Studies.
– 2014. – № 5.
– P. 92 - 106.
DOI: 10.7256/2305-9699.2014.5.11634 URL: https://en.nbpublish.com/library_read_article.php?id=11634
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Abstract:
The article concerns the issues of legal regulation in the sphere of renewable sources of energy and environmental protection in Mexico. This is a topical issue for Mexico as well as for the other states, as are currently the issues of the subsoil mineral resources and, more specifically, energy carriers, as well as the issues of environmental protection. The analysis of Mexican legislation in this sphere allows one to say that the energy policy of Mexico is aimed at improvement of the energy efficiency and energy saving, development of the renewable sources of energy. However, the measures aimed at achieving compliance with the environmental legislation were taken only in the middle of 1990s, which was due to Mexico joining the NAFTA. A number of measures in the sphere of regulating water, soil and air pollution was taken by the Mexican legislator after the Kyoto Protocol was signed. Starting from the second half of the 1990s the measures were taken in order to form the special legal basis in the sphere of environmental protection, and special institutional bodies were established. The further improvement of the Mexican environmental legislation in this sphere depends upon the tempo and level of the integration processes between Mexico and the North American states.
Citations count: 1
Reference:
Chuklova E.V. —
Collisions between the norms of corporate and labor legislation in regulation of work of a head of organization
// Legal Studies.
– 2015. – № 9.
– P. 43 - 51.
DOI: 10.7256/2409-7136.2015.9.15953 URL: https://en.nbpublish.com/library_read_article.php?id=15953
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Abstract:
The subject of the research is the range of norms of corporate and labor legislation regulating the order of guaranteeing and compensating for the head of a legal entity. The article considers some collisions between the use of norms of corporate and labor legislation concerning the conditions of a dismissal wage inclusion in the work contract of the head of organization. The object of the research is a range of social relations with the participation of a head of a legal entity. The author concludes that it is reasonable to recognize the conditions of work contract as civil transactions. The research is based on the dialectical method of cognition and the related general scientific and special methods: comparative-legal, formal-logical, functional, systems and other methods. The author considers unacceptable the recognition of a voidable transaction as invalid and the use of the consequences of its invalidity for the protection of violated rights. In the considered cases a more adequate way of protection of a violated right would be the recognition of a decision of a legal entity council or (and) bodies about payment of dismissal wages, compensations or other pays to heads of organizations and members of collective executive bodies due to a work contract termination as invalid.
Citations count: 1
Reference:
Yarovenko V.V. —
Expert initiative in the modern expert practice
// Legal Studies.
– 2017. – № 6.
– P. 84 - 94.
DOI: 10.25136/2409-7136.2017.6.22855 URL: https://en.nbpublish.com/library_read_article.php?id=22855
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The author gives attention to the controversial points of expert initiative on the issues, not mentioned in a decision about the appointment of judicial expertise, but related to the subject of expert investigation. The author studies the current legislation and the scholars’ positions on the necessity to formalize this initiative, which, in the author’s opinion, doesn’t correspond with the adversarial principle. Besides, the author studies various types of expert’s opinions on particular criminal cases related to expert initiative. The author uses two main approaches to substantiate his decisions: the comparison of expert initiative novels, proposed by different authors, with the current legislation, and the analysis of expert practice. The author concludes that the problems, raised by the expert, and their investigations shouldn’t be included in the expert’s opinion, since they can be considered as an inadmissible evidence and can be excluded from evidentiary information; it is unreasonable to formalize the provision, which can infringe the interests of the parties; expert initiative can be applied to the expert’s questions if they don’t change the meaning and the volume of the investigation.
Citations count: 1
Reference:
Lapaeva V.V. —
The «Gudkov case»: legal analysis
// Legal Studies.
– 2012. – № 4.
– P. 1 - 48.
DOI: 10.7256/2305-9699.2012.4.231 URL: https://en.nbpublish.com/library_read_article.php?id=231
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The article includes legal analysis of the decision of the State Duma of the Russian Federation to terminate the powers of depty G.M. Gudkov, the so-called «Gudkov case». The author supports a thesis that this decision was a result of implementation of powers not typical for a legislative body, substitution of legal matters, and introduction of responsibility of a deputy, which was inadequate towards his constitutional and legal status.
Citations count: 1
Reference:
Trofimets I. —
Some problems regarding invalidity of marriage in accordance with the legislation of Russia, the CIS Member States and the Baltic States.
// Legal Studies.
– 2013. – № 5.
– P. 378 - 454.
DOI: 10.7256/2305-9699.2013.5.810 URL: https://en.nbpublish.com/library_read_article.php?id=810
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Abstract:
The article is devoted to the key problems regarding invalidity of marriage under the legislation of Russia, the CIS Member States and the Baltic States, as well as some other states. The author studies topicali issues regarding the nature of institution of invalid marriage. The author analyzes the procedure for recognizing a marriage as an invalid one. Nevertheless, the range of issues discussed by the author does not cover the entire list of legislative and practical legal problems in the sphere of invalidity of marriages. It is noted in the article that any state is interested in healthy sustainable families. The law forms various legal barriers against obviously inadequate marriages. However, in spite of legal prohibitions, there are some violations when marriages are being concluded. The presence of fault in the marital conditions does not automatically make a marriage invalid, and some of these violations do not necessarily cause invalidity of marriage.
Citations count: 1
Reference:
Yurchenko M.A., Pigolkin Y.I., Fedulova M.V. —
Age-related specificities of bones in the human hand.
// Legal Studies.
– 2014. – № 3.
– P. 94 - 101.
DOI: 10.7256/2305-9699.2014.3.9971 URL: https://en.nbpublish.com/library_read_article.php?id=9971
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Abstract:
Various methods may be applied in order to diagnose the age of an individual. The radiographic methods are among the most popular methods. They allow to establish age, sex, race of an individual, and in some cases they serve as the basis for the individual identification. The classical object of radiographic studies in anthropology is skeletal bones of a hand and a forearm outlimb, which is due to the technically uncomplicated method of getting an radiographic picture and a large amount of studies on variations of anatomy of these skeletal parts. The researchers evaluated the old-age related characteristics (such as osteoporosis and joint space narrowing) as well as compensatory and adjusting element (sclerosis, osteophyma). The defect (not allowing to apply this method in judicial medicine) is that depending on the ageing tempo expert radiographic picture may include 6 to 24 age markers. It makes authentic and practically valuable expertise of an individual situation based upon the scheme possible, requiring formation of an expert method, which would be applicable for the differentiated evaluation of the individual age. Currently there is need to widen the specter for the modern research methods, use of a larger number of organs and systems for more clear and comprehensive analysis of human biological age, for the further formation of a principal algorithm of studies.
Citations count: 1
Reference:
Alekseeva M.G. —
HISTORICAL AND LEGAL ASPECTS OF FINANCIAL CONTROL IN RUSSIA AT THE LOCAL LEVEL (the late XVII century - the October Revolution of 1917)
// Legal Studies.
– 2015. – № 3.
– P. 102 - 123.
DOI: 10.7256/2409-7136.2015.3.14609 URL: https://en.nbpublish.com/library_read_article.php?id=14609
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Abstract:
The article considers the development of financial control in Russia at the local level. The analysis covers the period of XVII-XIX centuries. The author studies the basic reforms of the Russian legislation in the field of financial control. The main local institutions of financial control (voivodes, departments, government boards etc.), as well as the structure and jurisdiction of national audit institutions. The author traces the periodicity of financial control development in pre-revolutionary Russia, where effective financial control was established only in the middle of the XIX century. The author uses the classical methods of juridical science. The author focuses on the historical and legal analysis of normative acts. The author supposes that local financial control in pre-revolutionary Russia could be characterized as centralized, that is typical for any absolute monarchy, but at the same time, as deconcentrated. Such a characteristics is based on the fact that financial control was entrusted to local representatives of the state authority, instead of the local governments or their representatives.
Citations count: 1
Reference:
Maslii A.I. —
The ways of registration and confirmation of maintenance requirement inception time for a vessel for the purpose of application of the sub-clause 1, clause 1, article 347 of the Customs Code of the Customs Union
// Legal Studies.
– 2017. – № 2.
– P. 1 - 13.
DOI: 10.7256/2409-7136.2017.2.21828 URL: https://en.nbpublish.com/library_read_article.php?id=21828
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Abstract:
The author considers the current problems of registration and confirmation of maintenance requirement inception time for a vehicle of international transportation which is one of the conditions that should be observed if the shipowner aims at avoiding customs clearance charges and ad valorem taxes as specified in the sub-clause 1, clause 1, article 347 of the Customs Code of the Customs Union. Special attention is paid to the established arbitration court rulings filling the current legal vacuum, caused by the absence of the established list of documents, confirming the maintenance requirement inception time. The author applies the methods of analysis and legal interpretation, formal-legal method and the method of legal prognostication, etc. The author formulates the list of documents (together with the seamanship examples and detailed explanations) which could confirm the maintenance requirement inception time for the vehicle of international transportation and the appropriateness of application of the sub-clause 1, clause 1, article 347 of the Customs Code.
Citations count: 1
Reference:
Lukoianov N.V. —
Legal Aspects of Concluding, Amending or Terminating Smart Contracts
// Legal Studies.
– 2018. – № 11.
– P. 28 - 35.
DOI: 10.25136/2409-7136.2018.11.28115 URL: https://en.nbpublish.com/library_read_article.php?id=28115
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The subject of the research is the practical issues that may arise in the process of concluding, performing or terminating smart-contracts, i.e. forms of automated performance of contractual terms performed via the distributed ledger. Lukoyanov compares approaches to conslusion of smart contracts to the current methods of conclusion of contracts used in Roman-German and English-American laws. The author analyzes how smart contracts can be modified or amended as well as opportunities of control over stages of contract performance and methods of performance of obligations. The author pays special attention to the question of self-regulation and restriction of the scope of application for the state mechanism of dispute resolution when disputes result from smart contracts. The methodological basis of the research involves general and special research methods including dialectical method and methods of categorial and logical analysis as well as the method of comparative law studies. Analysis of new technological solutions that can be used in law is important for the development of modern digital economy in Russia. The author concludes that smart contract should be deemed concluded at the moment when a record about acceptance of a smart contract is made in a certain blockchain. Execution of a smart contract deployed in the deterministic space of a distributed registry is possible by obtaining information from the external environment from special programs called oracles. The state mechanism for enforcement and dispute resolution of smart contracts seems to be ineffective, and therefore, adequate regulation of the emerging relations can be carried out only on the basis of the principle of autonomy of the will of participants, self-regulation, separated from the national law of the lex electronica system.
Citations count: 1
Reference:
Rundkvist A.N. —
Correlation of principles of justice and lawfulness: criteria of injustice of law
// Legal Studies.
– 2020. – № 1.
– P. 47 - 60.
DOI: 10.25136/2409-7136.2020.1.30309 URL: https://en.nbpublish.com/library_read_article.php?id=30309
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The object of this research is the legal principles of justice and lawfulness. The subject of this research is the fundamental general theoretical question of correlation of legal principles of justice and lawfulness for the purpose of establishing which of these principles has priority over the other, as well as criteria by which the positions of a particular legislation can be attributed to just or unjust. Special attention is given to the concepts of presumption of justice of law and extremely unjust (unlawful) law. The novelty of this research is reflected in the following : 1) original definition is given to the principle of justice as a universal legal backbone supra-principle, based on the concepts of common good and legal balance, penetrating the entire system of legal principles, directly connected to the legal axioms and having priority character compared to principle of lawfulness; possible flaws are determines in normative legal acts from the standpoint of justice, such as flaw of intention (augmented by negative result), flaw of the author, flaw of the form, flaw of the content, flaw of implementation; 3) the author delineates the concept of presumption of justice of law active with regards to any official legislation, excluding those characterized as unjust; 4) criteria are determined for extremely unjust law; 5) the author introduces the category of “debatable” law, benefiting from the current presumption of justice, and the category of “anient” laws that are unlawful in their nature.
Citations count: 1
Reference:
Ermakova I.V. —
Development of contextual advertising in the conditions of network economy: relevant questions of legal theory and practice
// Legal Studies.
– 2020. – № 8.
– P. 12 - 29.
DOI: 10.25136/2409-7136.2020.8.33902 URL: https://en.nbpublish.com/library_read_article.php?id=33902
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The subject of this research is the legal norms aimed at legal regulation of relations in the field of contextual advertising on the Internet. The object of this research is the public relations emerging in the process of creation, placement and consumption of contextual advertising. The author examines such question as the general concept of advertising and its legal definition, as well as essence, characteristics and legal regulation of contextual advertising. Special attention is given to protection of exclusive rights with regards to means of individualization in the process of arrangement of contextual advertising using the keywords, including trademarks and commercial designations, as well as mechanism for the protection of an infringed right and liability the corresponding infringement. The novelty of this work consists in determination of the existing approaches of courts and the Federal Antimonopoly Service of the Russian Federation applicable to the concept, definition and relevant issues of legal regulation of contextual advertising, including the questions of infringement of exclusive rights for means of individualization in arrangement of contextual advertising, which ultimately resulted in development of original approach towards definition of the concept of “contextual advertising”. The author resumes and concludes on the need for legislative consolidation of legal definition of the concept of “contextual advertising” with an indication of corresponding formulation.
Citations count: 1
Reference:
Belikova K.M. —
Theoretical and practical aspects of legal qualification of virtual property in Russia and abroad
// Legal Studies.
– 2021. – № 7.
– P. 1 - 28.
DOI: 10.25136/2409-7136.2021.7.35869 URL: https://en.nbpublish.com/library_read_article.php?id=35869
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The subject of this research is the theoretical and practical aspects of legal qualification of virtual property – digital online objects (cryptocurrencies, game property, user accounts, etc.) in Russia and abroad. Virtual property is viewed through the prism of the concept of “asset” / “economic asset”, established in the national and foreign legislation and doctrine. Real right to game objects in online games are considered through the lens of John Locke’s labor theory of property (acquisition), M. Radin’s theory of personality, theories of utilitarianism (deterrence of negative behavior and economic efficiency), law enforcement practices and legislation (South Korea, China, etc.). Real right to online accounts (Google, Yahoo etc.) are examined in the context of allowability of transferring personal and business accounts from the perspective of property and conventional law. The relevance, theoretical and practical importance of this research is are substantiated by supplementing the tangible objects of proprietary right with digital, created in modern reality with the use of digital technologies (cryptocurrencies, tokens, etc.), which requires clarification of their legal regime in the context of the effective legislation of the Russian Federation and foreign countries, ideas for its amendment, and law enforcement practice. The author concludes that the legal doctrine of a number of countries, distinguishing tangible and intangible, virtual objects (game objects, user accounts) recognized the existence and legal status of virtual property (Hong Kong, European Union, South Korea, Russian Federation, Taiwan), qualifying it as the analogue of digital information and content; legally - movable (Taiwan) or other (Russian Federation) property; property (the European Court of Human Rights) or utilitarian (mandatory) digital (Russian Federation) rights; economically – virtual (financial, in form of future income), and material (in form of commercial ties, domain names, etc.) assets (the European Court of Human Rights, Russian Federation).
Citations count: 1
Reference:
Sidorenko E.L., Khalizeva E.A. —
System of offences associated with securities fraud in the Russian Federation (Part 2)
// Legal Studies.
– 2021. – № 9.
– P. 13 - 21.
DOI: 10.25136/2409-7136.2021.9.36342 URL: https://en.nbpublish.com/library_read_article.php?id=36342
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This article is a sequence of research conducted by the authors on the topic of offences related to digital securities fraud (Part 2). It completes the design of the system of such offences, determining the “subsystem” that considers the economic nature of the Central Securities Depository. For this purpose, analysis is conducted on the articles of the Criminal Code of the Russian Federation that form the system of offences related associated with the fraud of non-digital securities (Articles 185-186) from the perspective of their applicability to digital securities and peculiarities of such application. The research is based on the systemic approach, comparative-legal method, logical techniques of analysis and synthesis of information, as well as the method of deduction. The authors conclude on applicability of the Articles 185, 185.1, 185.2 and 185.4 of the Criminal Code of the Russian Federation to unlawful acts related to digital securities, taking into account the specificity of their legal regulation, namely the absence of necessity of state registration of stocks in the form of digital financial assets, the registration of rights to central securities depository by the information system operator that issued them, etc. Summarizing the results of this research with the results acquired in the Part I, the authors form the system of offences associated with the digital securities fraud, which includes the aforementioned elements, as well as the elements stipulated in the Article 187.1 “Organization of illegal trafficking of digital Rights” of the Draft Federal Law “On Amendments to the Criminal Code of the Russian Federation”. The Russian legal science unfortunately does not give due attention to examination of this problem, and such system is developed for the first time. The authors anchor hopes that the system of offenses they have designed would be effectively used in the law enforcement practice in the context of classification of unlawful action associated with central securities depository.
Citations count: 1
Reference:
Litovko A.S. —
The Concept and Essence of Behavioral Supervision of the Central Bank of the Russian Federation.
// Legal Studies.
– 2023. – № 2.
– P. 25 - 35.
DOI: 10.25136/2409-7136.2023.2.39735 EDN: IQJATS URL: https://en.nbpublish.com/library_read_article.php?id=39735
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The subject of the study are the norms of Russian and foreign financial legislation and other sources of law regulating the activities of the Central Bank of the Russian Federation on supervision of the behavior of participants in the financial market of the Russian Federation. The object of the study is the social relations arising in the implementation of behavioral supervision of the Central Bank of the Russian Federation.
The author examines in detail such aspects of the topic as the concept and essence of behavioral supervision of the Central Bank of the Russian Federation. Particular attention is paid to the concepts of the phenomenon under study that have developed in practice and science during the period of supervision by the Central Bank of the Russian Federation for the detection of unfair practices in the financial market.
The novelty of the research lies in the fact that the author has considered in detail the concept and essence of one of the instruments of the Central Bank of the Russian Federation – "behavioral supervision". Behavioral supervision is a tool designed to identify and counter unfair practices in the sale of financial products and services, as well as other patterns of behavior of financial market entities that violate the rights and freedoms in the financial market. In a number of foreign countries, behavioral supervision has long found its place in the system of control and supervisory measures of the relevant state bodies. In Russia, behavioral supervision is a formative legal category, the legal consolidation of which is absent in legislation. Based on the analysis of foreign legislation and law enforcement practice of the Bank of Russia, the article formulates the concept of behavioral supervision and its essential features.
Citations count: 1
Reference:
Markin A.V. —
Monopoly for the law and for its understanding
// Legal Studies.
– 2012. – № 1.
– P. 107 - 125.
DOI: 10.7256/2305-9699.2012.1.33 URL: https://en.nbpublish.com/library_read_article.php?id=33
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In article the current state and tendencies of development of some philosophical problems of the law are studied. In particular, the article concerns degree of etatism, reification, and funding of the law, as well as the influence of the concepts proving objective existence of the legal fundamentals, and its understanding as the instrument of suppression of freedoms of individuals, as well as the current state of the post-Soviet understanding of law and its role in formation of the state and the official doctrine. The author presupposes the need for independent, conventional, but not domineering, compulsory, unilateral, exclusive character of formation and existence of law.
Citations count: 1
Reference:
Babin B. —
The right to resist as a global right
// Legal Studies.
– 2013. – № 5.
– P. 181 - 200.
DOI: 10.7256/2305-9699.2013.5.817 URL: https://en.nbpublish.com/library_read_article.php?id=817
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Abstract:
The article concerns the right to resist (jus resistendi) as a collective global natural right, recognized by positive law at the national and international levels. The author studies historical sources and doctrinal concepts of this right, its reflection in current constitutional acts and the UN Resolutions. The value of this right for the formation constitutionalism is shown, the author also shows variations of its constitutional enshrinement. The author also notes the role of implementation of the right to resist in the processes of the Ukrainian statehood formation, he defines the specific features of involvement of subjects of international law into guarantees of the right to resist. It is noted that the subject of the right to resist is the people as the bearer of other global rights, such as the right for development, the right to peace, the right to self-determination. The author establishes the goal of the right to resist, and he proves the impossibility of reflecting the mechanisms of its implementation within the framework of positive law. The author also proves the presence of legal consequences of implementation of the right to resist on constitutional and international levels.
Citations count: 1
Reference:
Semerikova A.A. —
Typology of sexually violent offenders
// Legal Studies.
– 2017. – № 10.
– P. 11 - 19.
DOI: 10.25136/2409-7136.2017.10.20293 URL: https://en.nbpublish.com/library_read_article.php?id=20293
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Abstract:
The research object is the personality of a sexually violent offender. The author considers it as a bearer of reasons of the committed socially-dangerous sexually violent act. The research subject is the key typologies of contemporary studies, which formulate a unified definition of a sexually violent offender. Based on these studies, the author outlines definite psychological and social peculiarities of each of the types, the determinants causing criminal behavior, and the set of needs and motives, which are the key prerequisites of sexual violence. The empirical basis of the article if the psychological and psychiatric study of 132 persons, who have committed sexually violent crimes. The author detects four main type of sexually violent offenders: regressive (characterized by the split of personality caused by psychological disorders); situational (those committing crimes under “favorable” circumstances); asserting themselves (those using sexual violence for boosting self-esteem); compensatory (those committing sexual crime against a person identical to a person sexual contact is impossible with). The acquired results help design a more effective system of sexual offences prevention, with regard to the peculiarities of each of the types of sexual offenders.
Citations count: 1
Reference:
Shkurova P.D. —
Electronic document as an independent means of proving in civil and administrative proceedings
// Legal Studies.
– 2017. – № 8.
– P. 58 - 68.
DOI: 10.25136/2409-7136.2017.8.23766 URL: https://en.nbpublish.com/library_read_article.php?id=23766
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Abstract:
The research subject is the provisions of the current legislation on electronic documents. The research object is particular problems connected with the procedure of obtaining and examining an electronic document in the context of its specificity. The author studies the aspects of the topic connected with the provision with the information contained on the hard disk of the computer, the study of the hard disk, and the recognition of correspondence via WhatsApp as inadmissible evidence. Particular attention is paid to the exclusion of an electronic document from the existing list of written evidence in civil and administrative proceedings. The author substantiates the consolidation of an open, non-exhaustive list of means of proving in civil and administrative proceedings. The author notes that in some normative legal acts the legislator somehow endues electronic documents with lower evidentiary strength compared with written evidence.The methodological basis of the study is represented by the following methods: the dialectical method of scientific cognition, the method of formal logic, the formal-legal method, the methods of analysis and synthesis, comparative legal, system and historical methods.The author defines the status of an electronic document in civil and administrative proceedings, formulates the proposals for formalization of an open list of evidence in article 59 of the Administrative Procedure Rules and at adoption of Chapter 6 of the Unified Сode of civil procedure. A special contribution of the author to the research of the topic is substantiation of exclusion of an electronic document from the list of written evidence in the Civil Procedure Code, the Arbitration Procedure Code and the Administrative Procedure Rules. Provisions of part 3 article 75 of the Arbitration Procedure Code and parts 1.1 article 70 of Administrative Procedure Rules should be taken into account when adopting the Unified Civil Procedure Code and amending the Administrative Procedure Rules. Special reasons and procedure of adoption of electronic documents as evidence should result in the special procedure of their examination, different from the procedure of examination of written evidences.
Citations count: 1
Reference:
Gorban V.S. —
“Law as a Means to an End”: on the issue of genesis and creative modification of the concept (R. von Jhering and R. Stammler)
// Legal Studies.
– 2017. – № 11.
– P. 1 - 19.
DOI: 10.25136/2409-7136.2017.11.24526 URL: https://en.nbpublish.com/library_read_article.php?id=24526
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Abstract:
The research subject is the political and legal and socio-philosophical views of R. von Jhering and R. Stammler on the problem of interpretation of law as a means to an end of existence and development of society. Genesis of this concept — “law as a means to an end” — is connected with the formation and creative evolution of Jhering’s political and legal theory. Later the sociologized variant of interpreting law as a means to an end had become one of the most popular ways of studying and interpreting law. Stammler modified this concept and some other significant components of Jhering’s legal theory (struggle for law, living conditions of society, etc.) articulating the so-called “system” or formal method, which is aimed at studying not the essence of law, but the forms of thinking about law. The research methodology is based on the set of general scientific and specific methods, the methods of theoretical analysis and historical and philosophical reconstruction of political and legal doctrines. The scientific novelty of the work consists in the analysis of the problem of Jhering’s legal views’ impact on the formation and character of Stammler’s creative philosophizing about law, which hasn’t been studied sufficiently enough. The work clarifies the problem of genesis and creative modification of one of the central components of Jhering’s legal theory about the interpretation of law as a means to an end. Stammler’s main achievement in this context consists in the fact that he had introduced the interpretation of law as a means to an end and a range of related theoretical concepts into the central scope of social philosophy.
Citations count: 1
Reference:
Abdulin R.S. —
Review of Ekaterina Alekseevskaya's Monograph 'Judicial Service Development Patterns'
// Legal Studies.
– 2018. – № 11.
– P. 44 - 56.
DOI: 10.25136/2409-7136.2018.11.28016 URL: https://en.nbpublish.com/library_read_article.php?id=28016
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Abstract:
The object of this research is the paragraph 'History of the Origin and Development of Russia's Judicial System', chapter 'Russia's Judicial System', monograph 'Judicial Service Development Patterns' (published in Moscow in 2016). In his review Abdulin analyzes research objectives of the monograph's author and how successfully she has achieved them in the process of substantiating the theory of the dialectical development of Russia's judicial system and describing its development patterns. The author of this article comments that the research lacks analysis of substantial researches on the matter and focuses on the weak points in the research as well as wrong facts which plays a crucial role for the development of the theory of the dialectical development of Russia's judicial system. The analysis performed by the author is based on the principle of historicism (historical-genetic method) that allows to relate each stage of the development to the previous or following stages. The scientific novelty of the monograph is caused by the fact that Alekseevksaya analyzes the genesis of the theory and history of functional judicial system and organisation of judicial activity that would promote the substantiation of the theory of the dialectical development of Russia's judicial system and search for its patterns. Based on his analysis of the aforesaid paragraph, the reviewer highlights the drawbacks of the research to be noted by the author of the monograph.
Citations count: 1
Reference:
Koryakina Z.I. —
Procedural Algorithm for Ensuring the Right a Minor Suspect or Accused to Defense in Pre-Trial Criminal Procedure
// Legal Studies.
– 2019. – № 10.
– P. 59 - 72.
DOI: 10.25136/2409-7136.2019.10.30926 URL: https://en.nbpublish.com/library_read_article.php?id=30926
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Abstract:
In terms of scientific interpretation and law-enforcement practice, Koryakina analyzes criminal procedure legislation that regulates ensuring the right to defense of a suspect or accused who haven't reached their legal age at the time of trial. The main problem here is that the procedure of pre-trial ensurance of the right to defense of a minor suspect or accused do not cover the full range of legal rights and interests as it is set forth by the Criminal Procedure Code of the Russian Federation. Thus, the legal status of a minor is equalized to the status of an individual of legal age. The aim of the research is to discover new theoretical and practical provisions about the process of ensuring the right to defense of a minor suspect or accused at the pre-trial stage of criminal procedure. The research objectives include analysis of doctrinal and regulatory ensuring the right of minors to defense as well as analysis of specific features of such process. In her research Koryakina has also used sociological, formal legal, comparative legal analysis, systems approach and modelling, historical legal and logical legal methods. In her article the author offers new provisions aimed at developing the mechanism of protection of minors' legal rights and interests taking into account not only their age but also their lack of life experience. Thus, the scientific novelty of the research is caused by the fact that the author suggests to renew the procedure of ensuring the right of minors to defense.
Citations count: 1
Reference:
Rundkvist A.N. —
Correlation between the principle of justice and legal axioms
// Legal Studies.
– 2020. – № 10.
– P. 64 - 78.
DOI: 10.25136/2409-7136.2020.10.33504 URL: https://en.nbpublish.com/library_read_article.php?id=33504
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Abstract:
The objects of this research are the principle of justice as a universal fundamental, cornerstone and key cohesive general legal superprinciple and the legal axioms as transmitters of most objectified legal justice reflected in simple and clear formulations. The subject of this research is correlation between the aforementioned concepts, which allows looking at the problem of indeterminacy of the content of the principle of justice from a new perspective, namely through indicating the violation of legal axioms as one of criterions of ultimate injustice. Methodological framework is comprised of the general scientific methods of deduction, induction, analysis and synthesis, as well as sociological method of content analysis used examination of the materials of law enforcement practice of the Constitutional Court of the Russian Federation. The work yielded the following results: 1) substantiation is made on the key role of the principle of justice in law as a whole; 2) an original definition is given to the legal axioms ; 3) demarcation is drawn between legal axioms and legal principles in accordance with the criteria of external manifestation, evidence of conformity or nonconformity, nature of action, and depending on the presence or absence of systemic links, which is important from theoretical and practical perspectives, 4) a direct correlation is established between noncompliance with legal axioms and the loss of baseline claim to justice by legal regulation. The theoretical novelty of this work consists in the fact that legal axioms that establish the generally accepted imperative rules are viewed as a primary reference point for resolving the issue on possible violation of the principle of justice
Citations count: 1
Reference:
Sarygina E.S. —
Peculiarities of the tactics of commissioning forensic tax audit
// Legal Studies.
– 2020. – № 7.
– P. 1 - 12.
DOI: 10.25136/2409-7136.2020.7.33595 URL: https://en.nbpublish.com/library_read_article.php?id=33595
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Abstract:
The subject of this article is the scientific and organizational-methodical patterns of forensic audit in conducting research on the objects of accounting processes of an economic entity, which describe records on the due and listed tax obligations seized by the Federal Tax Service to the government and (or) municipal formations. Special attention is given to the tactics of assigning such research in the criminal proceedings. In the course of this study, the author applied the comparative-analytical and system-structural methods of scientific cognition, as well as interdisciplinary approaches, since the study required knowledge of procedural and substantive law, forensic science, theory of forensic audit, economics and normative legal regulation regulation of the accounting processes of economic entities, which determined comprehensive character of this research. The author attempted to examine the forensic tax audit as an independent type of economic audit, which includes subject, object, goals and scientific-methodical recommendations for law enforcement agencies in commissioning such audits. The article describes the fundamental principles of private theory of forensic tax audit, which did not receive due attention within the scientific literature. The proposed recommendations are aimed at unification of investigative and judicial practices on commissioning and assessment of application of the results of forensic tax audit. A comprehensive perspective upon the forensic tax audit and its current status is essential for its implementation by investigators, courts or investigating officers in criminal proceedings. The result of this work lies in formulation of recommendations for law enforcement agencies on the peculiarities of tactics used in commissioning forensic tax audit to state and non-state forensic audit institutions relating to peculiarities of preparing the objects of investigation, specificity of questions submitted to resolution by a forensic expert. A list of questions for forensic tax audit is presented.
Citations count: 1
Reference:
Paukova Y.V., Popov K.V. —
Digital Transformation of the procedure for bringing foreign citizens to administrative responsibility
// Legal Studies.
– 2021. – № 8.
– P. 84 - 97.
DOI: 10.25136/2409-7136.2021.8.34955 URL: https://en.nbpublish.com/library_read_article.php?id=34955
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Abstract:
The subject of this research is the procedure for imposing administrative fine on foreign citizens and stateless persons, with or without administrative expulsion. The object of this research is the public relations that arise in the process of bringing the indicated persons to administrative responsibility. The goal consists in formulation of the proposals aimed at amendment of the procedure for bringing foreign citizens and stateless persons to administrative responsibility in the Russian Federation in the conditions of digitalization of government actions. Recommendation is made to amend the procedure for bringing to administrative responsibility in case of violating the migration legislation of the Russian Federation. Considering the proactive approach of the government towards digitalization of the migration sphere, the author offers the development and implementation of the “Automated Information System for Migration Control”, which would acquire the personal records of a migrant (identity, marital status, fact of committing an offence, or other information affecting the imposition of penalty) from other automated information systems. The article substantiates the need for bringing foreign citizens to administrative responsibility by the internal affairs officials based on the suggestions of the indicated system, formed using the artificial intelligence technologies, namely machine learning. The author offers to implement the rating that in the instance of imposing administrative fine would allow calculating a specific amount, or in the instance of administrative expulsion –the accurate time limit for closing entry. Transformation of the procedure for bringing to administrative responsibility would lead to more equitable court decisions, eliminate the possibility of selecting the norm by an official at his own discretion, and reduce the burden on the courts.
Citations count: 1
Reference:
Belikova K.M. —
Does Russia need a fixed percentage of originality and the very originality of scientific papers: reflections of a lawyer
// Legal Studies.
– 2023. – № 3.
– P. 62 - 104.
DOI: 10.25136/2409-7136.2023.3.40421 EDN: MGAHSR URL: https://en.nbpublish.com/library_read_article.php?id=40421
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Abstract:
The subject of research in this article is the search for answers to the following questions: if there is a need to fix the percentage of originality of scientific papers; can "new knowledge" be "born" when writing a dissertation that on 100% represents "quoting" of the works of other authors, is it legitimate, as recommended by the representative of "Anti-Plagiarism", to combine the indicators of the originality of the text and self-citation to fix the share of the author's text – as well as the establishment of the line between conscientious and non-conscientious self-citation, scientific analysis of the concepts of "originality", "independent scientific work", etc. To answer these questions, an analysis of relevant Russian and foreign legal and local regulations and doctrines is carried out. Special attention is paid to the practice of using similar to the "Anti-Plagiarism" systems abroad. During the study the author proceeds from the subjective-objective determination of processes and phenomena, using general scientific dialectical, historical, comparative legal, etc. methods of scientific cognition. As a result of the study it is concluded that the issue of plagiarism, on the one hand, becomes much broader and more complex than direct verbatim borrowings from scientific works of other authors, captured by the "Anti-Plagiarism" system used for some time in our country, and, on the other hand, requires a rethinking of the approaches prevailing in theory (doctrine) and practice to identify the "originality" by way of "Anti-plagiarism" system used in Russia and puts the question of ways to identify originality and requirements and methods, mechanisms and forms of its expression. There is a need thus for broad discussion, rethinking and finding consensus in society regarding: 1) the prevailing approaches in theory (doctrine) and practice to identify the "originality" by way of "Anti-Plagiarism" system used in Russia and the question of ways to identify originality, requirements for it and methods, mechanisms and forms of its expression, 2) intellectual property objects, in particular, copyright objects that must be subject to the openness regime based on ceasure of protection by copyright.
Citations count: 1
Reference:
Gulyaikhin V.N. —
Psychosocial Forms of Legal Nihilism
// Legal Studies.
– 2012. – № 3.
– P. 108 - 148.
DOI: 10.7256/2305-9699.2012.3.240 URL: https://en.nbpublish.com/library_read_article.php?id=240
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Abstract:
The author of the article studies the main psychosocial forms of legal nihilism. The author uses methodology offered by an American social psychologist Erich Fromm. This methodology allows to give an objective evaluation of the psychogenic nature of this phenomenon. Based on deep motives of human and the level of destructiveness of his social behavior, the author describes the five forms of legal nihilism: infantile nihilism resulting from personal immaturity and immature system of moral and legal values; frustrating nihilism caused by the fear of his material and social status and revengeful nihilism created as a response to imaginary or actual danger for his life vital interests and regressive nihilism caused by the archaic aggression ("blood lust") of a human who has degraded to the level of an animal and completely denies all natural rights and freedoms of the other person. At the end of the article the author concludes that legal nihilism is in some wy a psychosocial and cultural phenomenon consisting of the ideas which deny legitimate social stereotypes and bearing certain spiritual load caused not only by social trends and associated values but also by a number of psychogenic factors.
Citations count: 1
Reference:
Volokh V.A. —
Labor migration: legislation and politics
// Legal Studies.
– 2013. – № 3.
– P. 1 - 20.
DOI: 10.7256/2305-9699.2013.3.594 URL: https://en.nbpublish.com/library_read_article.php?id=594
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Abstract:
The article "Labor migration: legislation and politics" is devoted to the topical problems of migration policy formation and legislation improvement in the sphere of labor migration. In the last 20 years Russian society and business faced both liberal approach towards labor immigration in late XX century, and strict administrative limitations in later years. In the opinion of the author starting from the second half of 2006 the novel approach prevailed, and it relied upon the market mechanism in order to regulate labor migration, and to widen the scope of legal migration in accordance with the interests of social and economic development of Russia. In 2007 the Federal Laws NN 109-FZ, 110-FZ of July 18, 2006, as well as some other acts entered into force, and the legislative regime of migration management in Russia changed considerably. Additionally, on May 19, 2010 the Federal Law N 86-FZ "On amendments to the Federal Law "On legal status of foreign citizens in the Russian Federation", the Tax Code of the Russian Federation and the Budget Code of the Russian Federation" established the specific features of legal regulation of labor activities of foreign citizens, being highly qualified specialists, and also persons who entered the Russian Federation via no visa procedure for hire by physical persons. The new Concept for the State Migration Policy for the period till 2025, which was adopted on June 13, 2012 by the President of the Russian Federation plays an important role.
Citations count: 1
Reference:
Bezgin V.B. —
Infanticide and criminal abortion in the rural Russia: past and present.
// Legal Studies.
– 2013. – № 4.
– P. 196 - 229.
DOI: 10.7256/2305-9699.2013.4.653 URL: https://en.nbpublish.com/library_read_article.php?id=653
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Abstract:
The author provides a historical legal study on the issue of infanticide and criminal abortions in the rural Russia. Based upon the archive documents and ethnographical sources, he establishes how infanticide was evaluated by the state legislation and customary law ofpeasants, as well as the attitudes towards this type of crime among the Russian villagers. He establishes the level of spread of child murdering and criminal abortions in the rural areas in late XIX and early XX centuries. He studies methods and motives for infanticides, as well as specific features of criminal cases of this type. He also analyzes a criminal abortion as a type of "female" crime. He discusses legislative interpretation of abortion, and reaction of the peasants to such facts, as well as the causes making women abort their pregnancies. The material includes comparative analysis of the situation in late XIX and early XX centuries and the current situation.
Citations count: 1
Reference:
Krasnyakov N.I. —
Modernization of the Empire government institutions in Russia in XVIII - early XIX century.
// Legal Studies.
– 2013. – № 10.
– P. 149 - 174.
DOI: 10.7256/2305-9699.2013.10.9767 URL: https://en.nbpublish.com/library_read_article.php?id=9767
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Abstract:
The article includes analysis of stages, vectors and contents of the development of the Empire administrative institution in the period since XVIII till early XIX century. The author singles out the tendencies: unification, centralization, bureaucratization, autonomous functioning in some regions within territorial and branch-related implementation levels. The author then makes a conclusion on practical consideration of existing territorial and legislative statuses of the regions prior to their annexing to the Russian Empire. And it is only in the epoch of Catherine the II that the traditional measures - centralization and central concentration of government - are eased, however, the direction towards support of absolutist state remains. The author evaluates Ministry Departments, which became independent central government bodies in early XIX century as being overly centralized and making government overly official and bureaucratic. As a result, the lack of clarity in competence of government institutions, as well as the right of Governors General and Governors to address the Monarch directly, lead to misalignment in the functioning of the state mechanism.
Citations count: 1
Reference:
Komarov A.A. —
Research on the question of determination of the total number of fraud victims committed via Internet
// Legal Studies.
– 2020. – № 4.
– P. 29 - 45.
DOI: 10.25136/2409-7136.2020.4.32627 URL: https://en.nbpublish.com/library_read_article.php?id=32627
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Abstract:
The object of this research is the statistical aggregate of people who by objective (external) reasons are prone to become the victims of fraud within the Russian segment of the global computer network. The subject of this research is the quantitative aspect of the aforementioned phenomenon. Special attention is given to the search of effective methods for determination of quantitative aspects of victimization. The goal consists in most accurate assessment of the total number of the potential victims of fraud committed via Internet. The main results of this work contain the most accurate among previously existed in criminology numbers of: potential victims of fraud in the Internet (the author specifies the number of users of the Russian segment of Internet aged from 6 to 80), persons out of 24-hour Internet audience of criminogenic age; and a number of statistical indicators of victimization. All of the listed above can assist proper organization of research carried out by scholars dealing with the problems of cybercrimes.
Citations count: 1
Reference:
Polikarpova I.V., Zaitseva O.V. —
Preventive law: concept, structure and content
// Legal Studies.
– 2020. – № 8.
– P. 39 - 50.
DOI: 10.25136/2409-7136.2020.8.34081 URL: https://en.nbpublish.com/library_read_article.php?id=34081
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Abstract:
The subject of this research is the federal and regional legislation that regulate preventive activity of law enforcement agencies, monographic studies of the leading Russian criminologists, as well as scientific publications discussing the concept, structure and content of preventive law. The object of this research is social relations formed in the process of implementation of norms that regulate the activity on crime prevention. The goal consists in examination of the content of preventive law for the explicating the detailed structure of this branch of legislation. This article is first within the national criminology to propose an original perspective on the preventive law as an independent branch of legislation. Based on the analysis of normative sources regulating the activity in the area of prevention of offences, the author determines the criteria for their classification: 1) by legal force, 2) by territorial scope of actions, 3) by subject of legal regulation, 4) depending on the role in legal regulation. The conclusion is substantiated on the need to systematize preventive law in form of a codified normative act – the Code on Prevention of Offenses in the Russian Federation, which should be aimed only at preventive regulation. The structure of this code is offered. In the authors’ opinion, the system of preventive law is a unified legal complex consisting of legislation of the Russian Federation, its constituent entities, as well as normative bylaws that regulate preventive legal relations that emerge prior to commission of offense, and for determination and elimination of the factors that conduce commission of offenses, as well as have educational impact upon persons in order to prevent commission of offenses or antisocial behavior.
Citations count: 1
Reference:
Ursul A.D. —
The sustainable development law: conceptual and methodological problems of its formation.
// Legal Studies.
– 2013. – № 6.
– P. 63 - 134.
DOI: 10.7256/2305-9699.2013.6.2309 URL: https://en.nbpublish.com/library_read_article.php?id=2309
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Abstract:
Due to the upcoming global transfer of the world community to sustainable development, the author analyzes proposed conceptual and theoretical characteristics and specific features of a novel law, which is oriented towards our common "sustainable future". Formation of a new law springs from the globalization tendencies, supremacy of law, and it may be recognized as one of the mechanisms for the "sustainable transfer". It is also noted that legal understanding of sustainable development may and should follow through routes not limited to environmental law. One may interpret this type of development through security guarantees, since sustainable development in its broad meaning may be regarded as the most secure, non-aggressive type of social development. Within the perspective the sustainable development law is a novel formation, and it may be regarded as a higher quality and principle of formation of functioning of the entire system of legal norms, guaranteeing survival and further secure sustainable development of the civilization, rather than just another branch of law. It is noted that a new branch of sustainable development legislation is being currently formed, and in combination with the international treaties and "soft law" (recommendations of the UN) it serves as a mechanism and a stimulator, gradually changing the entire global legal complex in the interests of efficient implementation of sustainable future strategy.
Citations count: 1
Reference:
Babin B. —
Proprietary right of peoples: international and national dimensions
// Legal Studies.
– 2013. – № 10.
– P. 12 - 34.
DOI: 10.7256/2305-9699.2013.10.9469 URL: https://en.nbpublish.com/library_read_article.php?id=9469
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Abstract:
The goal of this article is to define international legal contents of the proprietary right of peoples and to find mechanisms for improvement of relevant national and international institutions. These goals may be achieved thanks to critical and comparative analysis of legal sources, as well as the doctrines. It is being proven that international law recognizes the possibility for the proprietary rights of the peoples, as collective public rights, having both public and private law implementation mechanisms. Then, it does not provide the criteria for distinguishing state (and other public) property from the property of the people. Such a right is being recognized in the national systems through political and legal declaration, and its correlation with the generally accepted system of distinguishing between public (state) and private property is weak. Understanding the violations of the natural rights of nations by making all public resources belong to the state, the law-makers search for various compromises, and most of such compromises are not practically proven to be efficient. In the opinion of the author property of the people should apply to any public resources, having no individual owner or beneficiary, and being valuable for the implementation of collective rights of the people. It is established, that implementation of the right of the people to own, use and dispose of such property should be implemented by it directly, and the public government is only empowered to form the mechanisms for such implementation, but not to gain profit from it. It is also stated, that the public government may not make property of the people become state, municipal or private property without due expression of will and efficient compensations. The people also do not bear the risks of private economy and state administration activities, including the foreign debt of the state.
Citations count: 1
Reference:
Babina E.A. —
Legislation of the foreign states on remote sensing of Earth with artificial satellites.
// Legal Studies.
– 2014. – № 9.
– P. 10 - 22.
DOI: 10.7256/2305-9699.2014.9.13141 URL: https://en.nbpublish.com/library_read_article.php?id=13141
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Abstract:
The author studies the foreign legislation regarding remote sensing with the use of artificial satellites of Earth. The author studies the legislation of Australia, South Africa, England, Argentina, Belgium, Brazil, Germany, Spain, Canada, China, Norway, the USA, the Russian Federation, Ukraine, Sweden, France, Chile, Japan in this sphere. The author draws a conclusion that this legislation is rather scarse, and that laws and other normative acts are adopted only in some cases. It is also stated, that such legislation only exists in the states, where state bodies and legal entities are directly involved in this sphere by the type of their activities or they are in other ways interested in studies and use of the space. The author states that usually the provisions on remote sensing are included into the general legislation on space activities, and sometimes the regulation is indirect, rather it is included within the scope of the civil law relations. The author also states that legislation of the states regarding space activities started to develop or was adopted after it turned out that these activities are undergoing the transition from the sphere of international military tension to the sphere of commercially profitable entrepreneurship, and a special branch of international space law is now forming, which is international space private law.
Citations count: 1
Reference:
Nikitina A. —
Constitutional Legal Disputes: Definition, Features, and Criteria for Differentiating them from other Kinds of Public Legal Disputes
// Legal Studies.
– 2018. – № 9.
– P. 10 - 19.
DOI: 10.25136/2409-7136.2018.9.27020 URL: https://en.nbpublish.com/library_read_article.php?id=27020
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Abstract:
The subject of the research is constitutional and legal disputes as a unique phenomenon of modern constitutional law. The author of the article provides characteristics of the subject, method, subject composition, objects and sources of constitutional and legal regulation. Insufficient research into the nature and specificity of legal disputes arising from constitutional legal relations has a negative impact on the legislation and judicial practice of their resolution. The purpose of the study is to identify features of constitutional legal dispute distinguishing it from other kinds of public law disputes which will allow to formulate its definition. The study is based on traditional methods of research such as analysis, synthesis, deduction, induction, system-structural and formal-legal methods, the use of which is predetermined by the subject and purpose of the research article. The author concludes that the specifics of the constitutional legal dispute is predetermined by its subject composition, subject and basis of its origin. Constitutional legal dispute is defined as subject to resolution in a procedural form established by law, constitutional-legal entities disagree about the assessment of compliance with the constitutional legal norms of acts, actions (inaction) of one of the parties to the dispute, violating constitutional rights, freedoms or competence of the other party to the dispute and (or) constitutionally protected public interests.
Citations count: 1
Reference:
Belolyubskaya G.S. —
Legal Regulation of Collection of Mammoth Fossils Remains in the Russian Federation
// Legal Studies.
– 2019. – № 12.
– P. 1 - 11.
DOI: 10.25136/2409-7136.2019.12.31697 URL: https://en.nbpublish.com/library_read_article.php?id=31697
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Abstract:
Severe measures of fighting against illegal sale of mammoth fossils undertaken by the global community have caused the boom on the mammoth fossils market. Considering that the greatest part of the mammoth fossils remains has been discovered in the territory of the Russian Arctic, the legal regulation of mammoth fossils in Russia is of pure research interest. In her article Belolyubskaya analyzes peculiarities of the legal regulation of this sphere at the federal and regional levels in the Russian Federation. Until present, the federation constituents have been playing the main role in collection and extraction of mammoth fossils. However, the boom on the mammoth fossils market have resulted in the need to adopt a federal law that would declare mammoth fauna remains as the natural resource of the country. The researcher has analyzed legal documents of both federal and regional levels that regulate the processes of collection and extraction of mammoth fossils. As an example, the researcher analyzes the legislative experience of the Republic of Sakha (Yakutia) where regulation of the turnover of mammoth fossils has been under close attention since the 1990s. The researcher focuses on whether mammoth fossils should be declared as natural resource and possible consequences of such decision for native communities of the Russian Arctic.
Citations count: 1
Reference:
Vronskaya M.V., Maslyuk P.M. —
The prospects for regulating superficies in modern civil legislation of the Russian Federation
// Legal Studies.
– 2021. – № 12.
– P. 33 - 41.
DOI: 10.25136/2409-7136.2021.12.37062 URL: https://en.nbpublish.com/library_read_article.php?id=37062
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Abstract:
The need for the reform of civil legislation and, namely, the real right, is a frequently discussed and valid problem of the Russian civil law. The solutions this problem have been devised for over a decade, which resulted in the Concept of the Development of Legislation on Real Right that presents the fundamentally new system of limited real rights, particularly the superficies. The subject of this article is the institution of superficies, the establishment of the real right essence of which comprises the hypothesis of scientific research. The authors examine the doctrinal provisions that regulate the legal nature and essence of this phenomenon, outline the advantages of the right of superficies with regards to the practice of application of lease obligations under the condition of superficies, analyze the foreign experience of exercising the right of superficies for its implementation by the Russian legislator within the framework of finalizing the Concept of the Development of Legislation on Real Right. The conclusion is made on the prospects for regulating superficies as the real right due to the existence of reasonable advantages with regards to tenancy, as well as on establishment of possibility of abusing such right by the developers (tenants) in the context of application of the provisions of the Article 39.20 of the Land Code of the Russian Federation – benefits in acquisition of the right to public land; feasibility of consolidation of the nature of the right of superficies in the aspect of using proprietary methods of protection (including the claims of the owner) that would ensure and guarantee the holder of the right of superficies the protection against claims of third parties, including landowner; finding compromise solution with regards to securing guarantees for compensation payment to the superficiary for the build real estate object if the right of superficies is terminated. This would allow retaining the principle superficies solo cedit and enhancing the proprietary nature of the right of superficies.
Eng
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