State institutions and legal systems
Reference:
Belikova K.M.
Procedural aspects of protection of scientific information in the context of the acting legislation on intellectual property in BRICS countries: the experience of India
// Law and Politics.
2019. ¹ 5.
P. 1-17.
DOI: 10.7256/2454-0706.2019.5.29684 URL: https://en.nbpublish.com/library_read_article.php?id=29684
Abstract:
The subject of this research is the means of procedural (criminal-legal, civil-legal, administrative-legal, etc.) protection of scientific information in one of the BRICS member-states – India, viewed through the prism of the force of statutory law in form of the acts on intellectual property of this country (“Copyright Act”, 1957; “Patents Act”, 1970); procedure (Code of Criminal Procedure, 1873; Code of Civil Procedure, 1908) and others in the last revision; case laws developed within the framework of acting precedent law and provisions of the doctrine. The author draws a conclusion that the fairly new method of dispute settlement such as arbitration along with the traditional, time-proven civil-legal (damages, suit for a declaration, and others) and criminal-legal (imprisonment and others) means of protection are in the focus of attention of the Indian legislator for the purpose of protection of scientific information. The scientific novelty lies in the comprehensive consideration and analysis of the approaches of legislator and representatives of judicial branch towards the procedural aspects of protection of scientific information.
Keywords:
arbitration, administrative procedure, criminal procedure, civil procedure, patent law, copyright, BRICS, India, intellectual property rights, scientific information
Transformation of legal and political systems
Reference:
Popenko A.V.
The development of innovation policy in Russia
// Law and Politics.
2019. ¹ 5.
P. 18-23.
DOI: 10.7256/2454-0706.2019.5.29673 URL: https://en.nbpublish.com/library_read_article.php?id=29673
Abstract:
Currently, Russian faces the challenge imposed by global transformation, transition towards “digital society”; and with each day, the role of innovations and rapid scientific and technical progress increases. Innovations become an immense part of life not only of global community, each country or economic entity, but every person as well. Innovation define the level of socioeconomic development of the state and are the cornerstone of its growth; they also become the foundation for country’s competitiveness and security on the global arena. Besides the traditional factors of economic growth and socioeconomic development of a country, the importance gains the qualitative content of growth rates, implementation of the new economic methods and production technologies in the real economic sector – business. The author applied the systemic-analytical method for studying the links and relationship between the elements of innovation system – business and the state; comparative method for determining the peculiarities of formation and realization of innovation policy in Russia, United States, and France. As of today, Russia has formed all essential elements of innovation system; both, business and the state overcome challenges imposed by the established model of the organization of cooperation – contrariety of interests and establishment of dialogue between business and the state.
Keywords:
the state, business, innovation activity, cooperation, innovation policy, innovation system, innovation, state policy, national innovation system, innovation financing
Law and order
Reference:
Titov S.N.
Classification of the elements of a crime in the area of criminal law protection of intellectual property
// Law and Politics.
2019. ¹ 5.
P. 24-32.
DOI: 10.7256/2454-0706.2019.5.29313 URL: https://en.nbpublish.com/library_read_article.php?id=29313
Abstract:
This article is dedicated to determination of range of the elements of crimes in the area of criminal law protection of intellectual property. The author comes to a conclusion that the object crime and the object of criminal law protection in the area of intellectual property do not always align. Based on this, the author suggest to classify the elements of crime into three groups: aimed directly at the protection of intellectual property (object of a crime and object of protection align); aimed at the protection of intellectual property indirectly (rightsholder is the object of protection, rather than the object of crime); and those aimed at the protection of intellectual property intermediately (rightsholder is not the object of protection or crime). The scientific novelty first and foremost consists in substantiation of the position that the general prevention of crime in the area of intellectual property is realized not only through direct criminal law prohibition, but also indirectly. In the case of the latter, this refers to the elements of crime, when the rightsholder is either the object of protection, but not the object of crime; or is neither.
Keywords:
criminal law, criminal liability, object of protection, crime object, rightholder, criminal law protection, intellectual property, Corpus delicti, crime classification, economic crimes
Law and order
Reference:
Slyshalov I.
Special circumstances in the activity of internal affairs bodies: approaches towards understanding
// Law and Politics.
2019. ¹ 5.
P. 33-40.
DOI: 10.7256/2454-0706.2019.5.29505 URL: https://en.nbpublish.com/library_read_article.php?id=29505
Abstract:
The subject of this research is the content of the concept of “special circumstances” in the activity of internal affairs bodies. The author carefully examines the various definitions of the term “special circumstances”, as well as proposes the original approaches towards its comprehension. Within the framework of meaningful approach for understanding special circumstances as an objective characteristics of the activity of internal affairs bodies, the article suggests the term “special circumstance of the activity” and its definition in the broad (non-normative) and narrow (normative) sense. In the context of procedural approach, characterized by understanding special circumstances as a special institutional regime of the activity of internal affairs bodies, the author proposes the term “regime of special conditions” and formulates its definition. The scientific novelty consists in clarification of the conceptual and categorical framework in the area of law enforcement activity. The research results carry theoretical-applied character and may be used by the authorized subjects in development of the regulatory acts, as well as further research on the topic.
Keywords:
special legal regime, police officer status, state of emergency, crisis situations, special conditions, extreme situations, extraordinary circumstances, terminology, internal Affairs bodies, regime of counterterrorist operation
Law and order
Reference:
Rakhmanin S.V.
Problems with classification of a crime in the case of factual mistake in the age of victim
// Law and Politics.
2019. ¹ 5.
P. 41-46.
DOI: 10.7256/2454-0706.2019.5.29699 URL: https://en.nbpublish.com/library_read_article.php?id=29699
Abstract:
The subject of this research is the criminal law standards establishing the rules for classification of crimes in cases when the subject of crime misestimates such factual circumstance of the committed act as the age of a victim. The author examines possible approaches towards the classification of crimes in situation, when prior knowledge of the age of victim serves as a qualification factor. The article also covers the questions of criminal policy with regards to protection of the minors from criminal violations in the case of inability to establish the prior knowledge of the victim’s age by the offender. The scientific novelty consists in suggestion of the new approach towards formulation of the elements of crime, in which the victim’s age is a criminally relevant factor that would ensure due protection of the minors, but does not contradicts the principle of subjective imputation. The main conclusion lies in the statement that the enhanced responsibility must be established for committing a crime, when the offender is now well aware of the age of the victim, but the latter yet had not attained certain age.
Keywords:
age of victim, childhood protection, subjective liability, sexual crimes, aggravating circumstances, crime victim, minors, age, age of consent, factual mistake
Stabilization systems: government control
Reference:
Ostrovskaya A.S.
Registration as an element of internal migration policy of the Russian Federation
// Law and Politics.
2019. ¹ 5.
P. 47-55.
DOI: 10.7256/2454-0706.2019.5.29511 URL: https://en.nbpublish.com/library_read_article.php?id=29511
Abstract:
The subject of this research is the resident registration in the Russian Federation as the institution of constitutional and administrative law, as well as important elements in the sphere of the Russian migration policy. The object of this research is the social relations established in the area of citizen’s right to freedom of movement and residence, as well as state control of migration. The article meticulously analyzes the reasons why the system of registration does not fully meet the requirements of integrity and validity of the contained data. The relevance of this work is substantiated by the need to create a system of civil registration system in the Russian Federation superior to the existing one. There is a current search for the optimal ways for improving the system of resident registration in Russia dictated by the need to obtain more accurate information on movement of the nationals, as well as quantitative and spatial structure of migration.
Keywords:
Moscow, freedom of movemen, place of abode, home policy, registration, citizen, law, act, constitution, The Russian Federation, responsibility
JUDICIAL POWER
Reference:
Skoblik K.V.
The impact of technologies upon decision-making in criminal procedure: foreign research review
// Law and Politics.
2019. ¹ 5.
P. 56-64.
DOI: 10.7256/2454-0706.2019.5.29477 URL: https://en.nbpublish.com/library_read_article.php?id=29477
Abstract:
In a systematized manner, this article addresses the most interesting from the author’s perspective findings of foreign scientists, emerged at the interface of technologies and criminal justice. The research covers the questions of selecting pre-trial restrictions, anticipation of committing crime, rapid response upon its commitment, and others. The unifying concept of the review is the theory of Fourth Industrial Revolution. Interpretation of the translated information is accompanied by the author’s analytics, connecting the ideas of foreign researchers and certain theories of national advocates of processualism. The following conclusions were made in the course of this study: 1) it is possible to combine computer aided learning with the patterns of selecting pre-trial restrictions proposed by the Russian scholars; 2) concentration of efforts on comprehension of technological innovations in penal sphere may lead to the creation of “Technological Model of the Criminal Process”.
Keywords:
algorithm, the Fourth Industrial Revolution, Models of the Criminal Process, machine learning, big data, decision-making, criminal process, predictive decision, cognitive decision, pretrial detention
Human and state
Reference:
Mordovin P., Dzyuba O., Anuchkina A.
Certain issues associated with execution of procedure of personal bankruptcy
// Law and Politics.
2019. ¹ 5.
P. 65-71.
DOI: 10.7256/2454-0706.2019.5.29725 URL: https://en.nbpublish.com/library_read_article.php?id=29725
Abstract:
This article examines certain issues emerging in law enforcement practice due to implementation of relatively new for the Russian legislation procedure of personal bankruptcy. Analysis is conducted on the problem of payment for the bankruptcy procedure by a private entity and cases of inability to do so. The subject of this research is the norm the Federal Legislation of the Russian Federation, namely the Federal Law “On Insolvency (Bankruptcy)”. In particular, the authors consider the statues of the law regulating the realization of insolvency procedure (bankruptcy) with regards to a private entity. The conclusion is made on the need for amending the current legislation on personal bankruptcy to ensure accessibility of such procedure to majority of citizens. The authors analyze the duration of court proceedings for cases of this category, which may often protract; as well as advocate for making corresponding changes.
Keywords:
bankruptcy of an individual, financial manager, creditor, debtor, individual, insolvency, bankruptcy, arbitration law, civil procedure, legal proceedings
History of state and law
Reference:
Goncharov V.V.
The use of positive experience in organization and realization of people’s control in USSR in the context of optimization of public control in the Russian Federation (constitutional-legal analysis)
// Law and Politics.
2019. ¹ 5.
P. 72-88.
DOI: 10.7256/2454-0706.2019.5.27942 URL: https://en.nbpublish.com/library_read_article.php?id=27942
Abstract:
The full realization and protection of rights, freedoms and legitimate interests of the Russian citizens, as well as practical implementation of the constitutional principles of democracy and people’s participation in state administration requires constant improvement of the system of legal regulation of the civil society institutions in Russia. One of the basic guarantees of the balanced functioning and development of civil society in democratic state is the institution of public control. Optimization of the processes of organization and realization of public control in the Russian Federation suggests using the previous positive experience in this regards. Therefore, special relevance gains the examination of experience of the institution of people’s control in the Soviet Union. This article is dedicated to the comparative-legal study of the institutions of public control in the Russian Federation and people’s control in the Soviet Union with regards to application of positive experience of the latter. The author conducts a comparative-legal analysis of the regulatory framework of public and people’s control; pursues correlation between the concepts, principles, objectives, goals, composition and authorities of the subjects, as well as legal force and the character of decision-making. This allowed determining the limits in application of people’s control in the Soviet Union in the context of optimization of public control in the Russian Federation, formulating specific proposals and recommendations.
Keywords:
constitutional and legal analysis, optimization, Constitution, Russian Federation, USSR, public control, people's control of power, positive experience, comparative law, democracy
History of state and law
Reference:
Loginov A.V.
The revival and development of people’s justice in Abkhazia
// Law and Politics.
2019. ¹ 5.
P. 89-94.
DOI: 10.7256/2454-0706.2019.5.29674 URL: https://en.nbpublish.com/library_read_article.php?id=29674
Abstract:
This article is dedicated to the question of revival and development of people’s justice in the Republic of Abkhazia. The author analyzes the following stages of functionality of quasi-judicial tribunals in the Autonomous Republic of Abkhazia: post-Soviet (the collapse of Soviet state and legal system, and Abkhaz–Georgian conflict; and modern (the establishment of the Republic of Abkhazia and functioning of the official court system). It is underlined that if initially, in absence of the state judicial bodies, people’s justice was much needed, then in current realities, its impact diminishes over time. The author determines that at the present stage, the traditional judicial bodies faded have lost their former importance and carry no social weight (considering the substitution of authority in youth environment). The formed by them legal and moral-ethical practice continues to affect the modern Abkhaz society, including the public officials.
Keywords:
justice in Abkhazia, collapse of the USSR, Council of Elders, abkhaz ethnic law, customary law, Apsuara, people's justice, Republic of Abkhazia, increase in crime situation, quasi-judicial tribunals
Practical law manual
Reference:
Aksenova E.I.
Civil-legal mechanisms of securing obligations in the area of procurement of goods and services for the needs of penal system
// Law and Politics.
2019. ¹ 5.
P. 95-102.
DOI: 10.7256/2454-0706.2019.5.29621 URL: https://en.nbpublish.com/library_read_article.php?id=29621
Abstract:
This article explores the legal nature of ensuring fulfillment of obligations ion the Russian civil legislation. The relevance of this topic is substantiated by the development of economic market relations attributed to contract system. The author determines and describes the characteristic features of the means of securing obligations. Special attention is given to the means of securing performance of a contract. Touching upon the question about civil-legal mechanisms of securing obligations in the area of procurement of goods and services for the need of penal system, the author draws detailed attention to the implementation in contract system of the means of securing civil-legal obligations and their functions. The article analyzes the various opinions of civil law scholars upon the general definition of the means of securing obligations. The lack of consensus among the civil law scholars testifies to the fact that this issue is yet insufficiently studied and requires further research. The conclusion is made that the means of securing obligations have protective functions aimed at encouraging a debtor towards due fulfillment of obligations and “secure” the interests of a creditor.
Keywords:
forfeit, placing money, security payment, independent guarantee, bank guarantee, contract enforcement, enforcement, contract system, penal system, îbligation execution
Legal and political thought
Reference:
Avatkov V.A.
The state-predetermination: the state of peace or war?
// Law and Politics.
2019. ¹ 5.
P. 103-110.
DOI: 10.7256/2454-0706.2019.5.29601 URL: https://en.nbpublish.com/library_read_article.php?id=29601
Abstract:
The subject of this research is the states-predeterminations. The goal lies in studying the peculiarities of genesis, functionality and demise of the states-predeterminations. Among such peculiarities author highlights the factors of neighborhood, historical development, religious and ethnical components. Focus is made on the essence and specificities of cross effect of the states-predeterminations, considering the possibility of transformation of their actions for the good of their own interests. Major attention is given to the potential impact of the states-predeterminations upon establishment of the environment of peace and environment of war within current system of international relations. The author particularly examines the factors contributing to consolidation or disunity of the states-predeterminations; as well as justifies the need of influencing the relations between the countries, rather than the birth or demise of the states-predeterminations. The author substantiates the heightened attention of the states towards each other, underlining that it can weaken or increase at certain stages. The relations between the states-predestinations are characterizes by the significant sustainability, but may be vulnerable to fluctuation. As from the perspective of world politics, the major conflicts occur between the most significant actors, which are the states-predeterminations, the author emphasizes the need for giving careful attention to them. Lack of due attention to the work with such types of countries may result in the large-scale uncontrolled conflicts that have led to the world wars. This is related to the fact that under such circumstances, the states are bounded by a fine threat that may either improve the global political environment, or contribute to its failure.
Keywords:
relations, great power, world power, conflicts, peace, war, state-predetermination, international relations, bilateral relations, world politics