History of state and law
Arutyunov E.K. —
Reform of serfdom and its impact on legal consciousness and legal culture of peasants
// Law and Politics.
– 2023. – № 6.
– P. 1 - 13.
DOI: 10.7256/2454-0706.2023.6.40781 EDN: VHMKWX URL: https://en.nbpublish.com/library_read_article.php?id=40781
The author believes that the abolition of serfdom had a "colossal" significance for the formation of new forms of legal consciousness and legal culture of the peasant population. These categories influenced the historical formation of the rule of law and the transition to a new form of government. The paper states that insufficient attention has been paid to the issues of legal consciousness and legal culture of peasants in the scientific community, which led to a narrow circle of approaches to the study of peasant life and psychology. The subject of the study is the patterns of formation and functioning of the legal consciousness and legal culture of the peasant after the abolition of serfdom. The author used the works of scientists in the field of law, philosophy and history to form more informed conclusions on the research topic. The purpose of the work is to analyze the formation and development of legal consciousness and legal culture of the population of the Russian Empire in the nineteenth century after the abolition of serfdom.
peasant reform, reform, peasants, understanding, law, legal literacy, legal nihilism, legal awareness, legal culture, serfdom
Law and order
Vinner E.R. —
The objective side of abuse in the issue of securities (Part 1 of Article 185 of the Criminal Code of the Russian Federation)
// Law and Politics.
– 2023. – № 6.
– P. 14 - 24.
DOI: 10.7256/2454-0706.2023.6.40835 EDN: PWLCGQ URL: https://en.nbpublish.com/library_read_article.php?id=40835
The object of the study is the objective side of the crime, responsibility for which is provided for in Part 1 of Article 185 of the Criminal Code of the Russian Federation. The problems that arise when trying to understand the mechanism of causing damage to investors are analyzed. It is noted that it cannot be real. The conclusion is formulated that the socially dangerous consequences reflected in Article 185 of the Criminal Code of the Russian Federation do not allow it to be applicable in practice, do not allow to correctly determine the immediate object in theory. The necessity of changing the disposition of the rule on abuse in the issue of securities is substantiated. The proposed version, firstly, takes into account legislative changes in the part of documents containing information about securities; secondly, it excludes consequences in the form of damage; and thirdly, it does not create problems in determining the type of intent and distinguishing from the offense, responsibility for which is established in Article 15.17 of the Administrative Code of the Russian Federation "Unfair issue of securities papers". The author's special contribution to the research of the topic is that it was carried out after significant changes were made to the sectoral legislation, on which the possibility of applying the criminal law provision providing for liability for abuse in the issue of securities depends. The proposed changes to the disposition of Part 1 of Article 185 of the Criminal Code will make this rule applicable and effective. on the basis of the analysis, the following conclusions are formulated: 1) on the exclusion of socially dangerous consequences in the form of major damage from Part 1 of Article 185 of the Criminal Code of the Russian Federation; 2) the degree of violation of the established emission procedure is proposed to be considered as a sign delimiting an administrative offense and the analyzed crime.
The Central Bank of Russian Federation, issue of securities, investors, issuers, securities, damage to investors, emission stages, information disclosure, promotion, exchange