Transformation of legal and political systems
Reference:
Phan T.
Vietnam's participation in political innovation and international integration
// Law and Politics.
2023. ¹ 7.
P. 1-11.
DOI: 10.7256/2454-0706.2023.7.40529 EDN: RZZAOB URL: https://en.nbpublish.com/library_read_article.php?id=40529
Abstract:
Political renewal and international integration are two strategic tasks, two issues with reciprocal dialectical relationship, promote each other in the process of realizing the common goal of building and developing the country according to the socialist orientation in Vietnam. The purpose of the article is to clarify the relationship between political reform and international integration in Vietnam over the past time. Highlight achievements in the process of political reform and international integration in Vietnam; thereby presenting the problem that Vietnam faces in resolving the relationship between political reform and international integration today. Based on the analyzed results, solutions are proposed for resolving the relationship between political reform and international integration in Vietnam, including meeting the requirements of ensuring political stability in Vietnam in the coming period according to the 13th Congress of the Communist Party of Vietnam. The relationship between political innovation and international integration is a dialectical one; is a major relationship that needs to be addressed synchronously and systematically in Vietnam. With the achievements of the Doi Moi in the process of political reform and international integration over the past time, it has been confirmed that the leadership line of the Communist Party of Vietnam is correct and suitable for the times. In the coming period, Vietnam will continue to offer solutions to enhance its position in the international arena, creating new positions and forces for this country.
Keywords:
Doi Moi, 13th Congress, Political, political stability, international relations, settlement of relations, political system, Communist Party of Vietnam, Integration, problem
Theory
Reference:
Novozhilov S.S.
The criminal hierarchy in Russia: features and characteristics.
// Law and Politics.
2023. ¹ 7.
P. 12-25.
DOI: 10.7256/2454-0706.2023.7.40455 EDN: SYLIDI URL: https://en.nbpublish.com/library_read_article.php?id=40455
Abstract:
The article highlights the main problems associated with the definition of the criminal hierarchy of Russia, its criminological features and characteristics. The criminal hierarchy represents a system of relations that have developed in the criminal environment and determine the order of subordination of the lower links to the higher ones. The author conducts a comparative analysis of the criminal hierarchy of Russia and the hierarchy operating in places of deprivation of liberty (penitentiary hierarchy), noting that the criminal hierarchy is a broader concept and includes the prison (penitentiary) hierarchy, which is its integral part. The author presents various opinions of scientists on this issue concerning the functioning, characteristics and features of the criminal hierarchy of Russia. The main conclusion of the study is that there is not and cannot be a single criminal hierarchy on the territory of Russia with a single control center, a strict system of subordination and subordination of the lower levels of criminal communities (organizations) to the higher ones. The analysis of the operational situation shows that various OPS and EOPGS operate in the Russian Federation, including those headed by persons with leadership status who carry out their activities within the so-called "thieves' community", which is the most structured segment of the criminal hierarchy, in addition, prison (penitentiary hierarchy) operates in correctional institutions, which is also a segment of the criminal hierarchy. Only the totality of all segments forms the so-called criminal hierarchy of Russia (the criminal world of Russia), which is not a single and integral structure, and the system of subordination is characteristic only for its individual elements.
Keywords:
Leaders of the criminal world, Organization of a criminal community, Improvement of criminal legislation, Thief in law, Criminal law, Problems of criminal law, Prison hierarchy, Stratification, Criminal hierarchy, Organized crime
Theory
Reference:
Nersesyants A.V.
The influence of psychoanalysis on the state-legal views of M.A. Reisner and A. A. Ehrenzweig: a comparative analysis of ideas
// Law and Politics.
2023. ¹ 7.
P. 26-37.
DOI: 10.7256/2454-0706.2023.7.43790 EDN: UNHKIC URL: https://en.nbpublish.com/library_read_article.php?id=43790
Abstract:
The subject of the research in the article is approaches to the integration of ideas, concepts and theoretical constructions of S. Freud's psychoanalysis into jurisprudence, which are proposed in the works of the soviet lawyer and public figure M.A. Reisner (who was one of the brightest representatives of the brief period of soviet freudo-marxism) and the american jurist A. A. Ehrenzweig (author of a number of works on psychoanalytic jurisprudence). Special attention is paid in the article to the significance for the legal theory and practice of the doctrine of S. Freud is about the unconscious processes taking place in the human psyche, which to a significant extent form both an individual and the culture of peoples. The similarity of the authors' approaches to understanding the role of the unconscious principles of the human psyche in motivating people's behavior, as well as to understanding the processes of the genesis of law and the state, is shown. Along with this, fundamental differences in the concepts of soviet and american scientists are revealed, demonstrating the vulnerability of the position of M.A. Reisner, for whom (unlike A.A. Ehrenzweig) the subject of law is a social class, not an individual. It is shown that M.A. Reisner in his psychological interpretation of law replaces psychology with class ideology. The conclusion is substantiated that it is necessary to involve the ideas of psychoanalysis in jurisprudence for a deeper understanding of the nature of man as a subject of law.
Keywords:
psychoanalytic jurisprudence, freudo-marxism, the unconscious, Freud, psychoanalysis, law, Ehrenzweig, Reisner, ideology, jurisprudence
Law and order
Reference:
Markin P.V.
Features of the Award for Performance in Kind
// Law and Politics.
2023. ¹ 7.
P. 38-50.
DOI: 10.7256/2454-0706.2023.7.39708 EDN: WJHKCA URL: https://en.nbpublish.com/library_read_article.php?id=39708
Abstract:
The work is devoted to the analysis of the method of protection of the right "award for execution in kind" provided for in paragraph 8 of Article 12 of the Civil Code of the Russian Federation, paragraph 1. Article 308.3 of the Civil Code of the Russian Federation, the specifics of its application in practice. The subject of the study is domestic acts of interpretation of the norm, as well as the peculiarities of legal regulation of the method of protection of the right under study in foreign law. The study analyzes judicial practice, draws parallels with similar norms of foreign law and order. The practice of awarding requirements for performance in kind is heterogeneous and requires detailed study and systematization in order to unify. In the course of studying the issue, it was found that there is no consensus in law enforcement practice on some issues, in particular on the issue of the admissibility of awarding in kind the obligation to transfer things defined by generic characteristics. Analysis of legislation and acts of interpretation has shown that in the domestic legal field, the issue of awarding for execution in kind can be justified both "for" and "against" the possibility of awarding things with generic characteristics. In addition, the article reveals additional criteria for the admissibility of an award for execution in kind, which are not reflected either in normative acts or in acts of interpretation, but follow directly from actual court decisions.
Keywords:
generic things, enforcement in civil law, Fulfillment of obligations, law enforcement practice, specific performance, method of protection of law, obligation, Civil law, Individually defined things, DCFR
Law and order
Reference:
Moskalev G.L.
Criminalization of denial of the genocide of the peoples of the USSR as an infringement on historical truth
// Law and Politics.
2023. ¹ 7.
P. 51-58.
DOI: 10.7256/2454-0706.2023.7.43893 EDN: WJZBXP URL: https://en.nbpublish.com/library_read_article.php?id=43893
Abstract:
The article is devoted to the problem of the current state and prospects of the criminal legal regulation of the denial of genocide in Russia. The issue is considered in the context of the implementation of the state task of protecting historical truth, enshrined in Part 3 of Article 67.1 of the Constitution of the Russian Federation and other legal acts. Historical truth is socially significant reliable information about historical events related to ensuring the security of Russia, consisting of accurately confirmed historical facts. From 2020 to the present, the genocide of the peoples of the USSR has been established by court decisions in 13 regions of the Russian Federation, which gives information about these events both confirmation and public significance. Analysis of the current criminal law has demonstrated that in its version, denial of the genocide of the peoples of the USSR is not a crime. The discovery of legal and social grounds leads to the conclusion that it is necessary to criminalize the genocide of the peoples of the USSR. The experience of regulating liability for genocide denial in European countries does not allow us to recommend it for reception. The experience of criminalization of such an act in the Republic of Belarus is considered preferable. As an alternative to it, a new version of Part 1 of Article 354.1 of the Criminal Code of the Russian Federation is proposed, providing for responsibility for denying the genocide of the peoples of the USSR.
Keywords:
extremism, grounds for criminalization, criminalization, rehabilitation of Nazism, peoples of the USSR, genocide, denial of genocide, historical truth, national security, comparative law