Malikov S.V. —
Legal and Actual Ending of Crime
// Legal Studies. – 2019. – ¹ 8.
– P. 1 - 7.
DOI: 10.25136/2409-7136.2019.8.30573
URL: https://en.e-notabene.ru/lr/article_30573.html
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Abstract: The matter under research is debating issues arising in the process of constructing corpus delicti depending on the moment of ending of crime. Malikov suggests to apply the approach that distinguishes between legal and actual ending of crime, especially when it comes to continuing or lasting crimes. Malikov analyzes the opportunity of creating legal rules that would establish different endings of crime such as administrative punishment or administrative prejudgement, record of convictions for similar crimes, sytematicity and duplicity of crime that is not covered by the administrative prejudgement concept. The overall methodological base of the research involves dialectical and historical categories. In addition, the author also uses methods of special sciences such as system-structural, formal-logical methods, deduction and induction, analysis and synthesis and direct observation. The scientific novelty of the research is caused by the author's complex evaluation of whether it is practically possible to distinguish between actual and legal endings of crimes that have a long duration as well as to fix such difference at the legislative level. The main practical use thereof would be accurate calculation of limitation period. For this purpose, the author offers a new version of Article 29 of the Criminal Code of the Russian Federation.
Malikov S.V. —
Concept and functions of law: temporal analysis
// Law and Politics. – 2018. – ¹ 10.
– P. 9 - 15.
DOI: 10.7256/2454-0706.2018.10.17647
URL: https://en.e-notabene.ru/lpmag/article_17647.html
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Abstract: The subject of this research is the concept and functions of law. The goal of this work lies in determining the levels of interaction between time and law. The author examines the two levels of such interaction – external and internal. The first establishes the nature, concept, properties and functions of law, as well as its evolution in time (traced on the example of performance of the normative legal act). The second reveals the temporal tools used in law for regulating legal relations (for example, timeframes and terms). Special attention is given to the first of the aforementioned levels of interaction between time and law. As the main research method, the author applies the dialectical method of cognition. The author is first to attempt of interdependent examination of time and law for determining the concept of law and its functions. Framework is established for further research with consideration of the determined two level of interaction – external and internal, as well as the detailed examination of such categories as legal time, stability, inconsistency, continuity, dynamism, etc.