Citations count: 42
Reference:
Bakradze A.A., Aminov D.I. —
Plenum of the Supreme Court of July 9, 2013 ¹ 24 "On the court practice in cases of bribery, commercial bribery and othe corruption crimes": issues of qualification
// Legal Studies.
– 2015. – ¹ 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 ¹ 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. – ¹ 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: 12
Reference:
Lyapustina N.A., Rybka O.S. —
Perspectives for the application of the provisions on indemnity established by FIDIC Silver Book in the field of construction contracts in Russia
// Legal Studies.
– 2024. – ¹ 6.
– P. 1 - 14.
DOI: 10.25136/2409-7136.2024.6.70982 EDN: KVGVKK URL: https://en.nbpublish.com/library_read_article.php?id=70982
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Abstract:
The object of the study is the institute of compensation for property losses, fixed in one of the standard contracts of the International Federation of Consulting Engineers (FIDIC) – the Silver Book. The FIDIC Silver Book is the most interesting for providing a universal contract base in Russia, as a task set by the Government of the Russian Federation in the Strategy for Exporting Services until 2025. It is in this proforma that the main conditions of the EPC are reflected: design work, purchase of materials, construction work.
One of the tools common in the Anglo-Saxon legal system is indemnity, which has appeared relatively recently in domestic civil law. By allowing you to manage the risks of construction projects, this institution is attractive to investors and parties to a construction contract.
The authors investigate the provisions on indemnity, fixed in the FIDIC Silver Book, to establish the possibility of their application in the field of construction contracts in the territory of the Russian Federation.
The authors used such methods as: analysis, synthesis, comparative law, deduction, induction. The scientific novelty of the study is due to the fact that there are few works devoted to the applicability of the terms of FIDIC contracts in Russia, and there are practically no studies on the applicability of the conditions for compensation of losses fixed in them. However, in order to achieve the goals set by the Service Export Strategy until 2025, it is necessary to find out whether there are significant contradictions between the terms of FIDIC contracts and the norms of national legislation that prevent their application in Russia. The most interesting are the prospects for applying the provisions on compensation for property losses fixed in standard contracts, which are quite attractive both for the parties to the contract and for investors. In this regard, a special contribution of the authors to the study of the topic is the establishment of the applicability in Russia of the provisions on compensation for property losses fixed in the FIDIC Silver Book. Within the framework of this scientific work, it was revealed that most of the analyzed provisions do not contradict the mandatory norms of Russian law.
Citations count: 9
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. – ¹ 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: 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. – ¹ 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:
Morkhat P.M. —
Concerning the Question about the Legal Personality of Electronic Person
// Legal Studies.
– 2018. – ¹ 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. – ¹ 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: 7
Reference:
Ivanova L.V. —
Kinds of Cybercrime According to the Russian Law
// Legal Studies.
– 2019. – ¹ 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: 6
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. – ¹ 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: 6
Reference:
Turkulets V.A. —
Sexting with regards to minors: criminal legal and victimological aspect
// Legal Studies.
– 2020. – ¹ 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 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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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: 5
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. – ¹ 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: 5
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. – ¹ 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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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: 4
Reference:
Khachatryan M.S. —
Limits of legal regulation of societal control (public integrity)
// Legal Studies.
– 2017. – ¹ 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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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: 4
Reference:
Trofimov E.V. —
State awards of Russian regions
// Legal Studies.
– 2013. – ¹ 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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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. – ¹ 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:
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. – ¹ 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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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:
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. – ¹ 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: 4
Reference:
Kravtsov A.Y., Filimonov A.D. —
Russia's State Family Policy: Analysis of Current Legislation and Problematic Issues
// Legal Studies.
– 2023. – ¹ 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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Abstract:
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: 4
Reference:
Isaeva K.A., Abdukarimova N.E., Seilkhanova S.A. —
The Main Factors that Determine Commitment of Particular Crimes by Organized Crime Groups in the Kyrgyz Republic
// Legal Studies.
– 2018. – ¹ 1.
– P. 61 - 70.
DOI: 10.25136/2409-7136.2018.1.23913 URL: https://en.nbpublish.com/library_read_article.php?id=23913
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Abstract:
The aim of this article is to define the most significant determinants that activate organised crime and spread of criminal business under modern socio-political environment of the Kyrgyz Republic. The subject of the research is particular crimes committed by organised crime groups in the Kyrgyz Republic taking into account new social and legal realities. For this purpose, the authors focus on specific features and conditions that are typical for Kyrgyzstan and aggravate such social phenomena as drug business, targeted killing, economic crimes, and kidnapping. The authors also describe the main trends that will continue to activate organised crime in the aforesaid spheres. The authors carry out an integral research of particularities of interaction between crime groups of Kyrgyzstan, their functions, causes and conditions, and means or methods chosen by these groups to achieve their goals depending on the situation in the republic such as political events that have been taking place since 2004. The authors describe the relationship between organised criem and state authorities officials that has led to the growth of targeted killing, kidnapping, economic and drug business crime. The results of the research are based on diversified analysis of factors that have triggered development of organised crime and expanded their activity over the last decade. Thus, the authors describe specific determimants that encourage the growth of crime in particular spheres of social relations in the country as well as the change in the structure of modern organised crime. These results can be of interest for scientists and practical experts when preparing and choosing crime preventive measures. Moreover, the results complete criminological and forensic researches and can be used to achieve certain targets and goals of research.
Citations count: 4
Reference:
Kudelkin N. —
The Arctic and global warming: adaptation to climate change and environmental protection
// Legal Studies.
– 2022. – ¹ 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: 4
Reference:
Sychev D. —
A Prosecutor: from Peter the Great to the present day. Evolution of functional activity in criminal process
// Legal Studies.
– 2015. – ¹ 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:
Ivanov V.Y. —
On theoretical aspects of using the concept of digital footprint in forensics
// Legal Studies.
– 2020. – ¹ 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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Abstract:
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: 3
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. – ¹ 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: 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. – ¹ 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: 3
Reference:
Kudelkin N. —
A Conceptual Approach to Improving the Legal Regulation of Environmental Protection and Nature Management in the Arctic
// Legal Studies.
– 2022. – ¹ 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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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: 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. – ¹ 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:
Belikova K.M. —
Theoretical and practical aspects of legal qualification of virtual property in Russia and abroad
// Legal Studies.
– 2021. – ¹ 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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Abstract:
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: 3
Reference:
Kudelkin N. —
Legal issues of prevention and response to accidental spills of petroleum products
// Legal Studies.
– 2021. – ¹ 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:
Solovyev A.A. —
Organisation of Judicial Compliance Assessment in Latin American Countries
// Legal Studies.
– 2018. – ¹ 1.
– P. 31 - 40.
DOI: 10.25136/2409-7136.2018.1.23651 URL: https://en.nbpublish.com/library_read_article.php?id=23651
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The article is devoted to analyzing different models of judicial compliance assessment (procedure for judicial test of compliance of legal acts to precedent legal acts) that are executed by judicial authorities of different kind with both general and specific jurisdiction within the framework of constitutional, criminal, civil or administrative legal proceedings (independently or with a later appealing to constitutional courts or other competent judicial authorities). The author of the article focuses on how these models are applied in Latin American countries. Using the methods of analysis, synthesis, comparison, specification, and generalisation the author analyses state models of judicial compliance assessment used by the foreign states as well as approaches to classification of these models. In particular, the author examines the institution of judicial compliance assessment in a number of Latin American countries such as Argentine Republic, Bolivarian Republic of Venezuela, United Mexican States, Republic of Costa Rica, Republic of Ecuador, and Federative Republic of Brazil. In conclusion the author describes advantages of the system of 'disperse' judicial compliance assessment in Latin American countries.
Citations count: 3
Reference:
Gulyaikhin V.N. —
The structural and functional features of various conditions of human legal consciousness.
// Legal Studies.
– 2012. – ¹ 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:
Alekseenko A.P. —
Survey and extraction of space resources: law making experience of the USA
// Legal Studies.
– 2016. – ¹ 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: 3
Reference:
Lolaeva A.S., Makiev S.A., Butaeva E.S. —
The legal nature of cryptocurrency
// Legal Studies.
– 2021. – ¹ 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: 3
Reference:
Kulikov E.A. —
Philosophical categories in legal science: problems of theory and methodology
// Legal Studies.
– 2017. – ¹ 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: 3
Reference:
Kuznetsova N.G. —
Legal Status of the Aggregator of Information about Goods (Services, Works, Digital Content) and its Pre-Contractual Duties
// Legal Studies.
– 2018. – ¹ 3.
– P. 1 - 15.
DOI: 10.25136/2409-7136.2018.3.25508 URL: https://en.nbpublish.com/library_read_article.php?id=25508
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Abstract:
The article is devoted to the problem of the legal status of the aggregator of information about goods (services, works, digital content). The author of the article examines the draft law and amendments thereto that regulate the definition of the aggregator of information about goods (services), its pre-contractual duties and responsibility before consumers. The author also focuses on the role of the aggregator at the pre-contractual stage. The author analyzes whether it is possible to impose other pre-contractual duties on aggregators such as submission of necessary information and the degree of their responsibility before consumers. In her research Kuznetsova uses such methods of research as analysis and synthesis, induction and deduction, formal law method, analysis and generalization of legal materials, and legal forecasting. The author of the article gives a fuller definition of the aggregator as it is set forth by the draft law and extends the scope of the activity of aggregators so that the scope includes not only goods and services but also works and digital content. In the course of her research Kuznetsova analyzes the experience of the foreign states, in particular, that of the European Union. The author offers a list of pre-contractual duties beared by the aggregator before consumers. These duties regulate the right of consumers to information protection as well as the degree of responsibility of the aggregator. The author also gives recommendations regulating the activity of the aggregator of information about goods (services, works, digital content) at the pre-contractual stage.
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. – ¹ 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: 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. – ¹ 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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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:
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 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:
Morhat P.M. —
Ñomparative legal study of artificial intelligence positioning in judicial proceedings.
// Legal Studies.
– 2024. – ¹ 7.
– P. 13 - 28.
DOI: 10.25136/2409-7136.2024.7.71263 EDN: TBOCPB URL: https://en.nbpublish.com/library_read_article.php?id=71263
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Abstract:
The author studies the experience of using artificial intelligence in the framework of legal proceedings in the USA, China and Russia. This analysis includes not only an analysis of judicial practice, but also a study of strategic documents assigned at the government level of these countries. Goal of the research is to identify effective starting points for the implementation of AI in the judiciary, to determine the features of regulation of AI in the judicial process and specify prospects for determining the full autonomy of AI for judicial proceedings. The objectives of the study are to determine the main trends in the implementation of AI in the field of judicial process, highlight areas that can currently be algorithmically processed by AI, as well as determine future designs of the legal personality of AI, taking into account the opinion of the professional judicial community of Russia. The research methodology includes systemic, structural-functional, hermeneutic and comparative legal methods. The authors makes general conclusions about the prospects of AI for the judicial process and formulates optimal tracks for the use of AI in judicial cases, taking into account the comparative legal research conducted. Based on the comparative legal research carried out, the author formulated the increasing role of artificial intelligence technology used in the judicial process. The need to improve the legislative framework taking into account the technological specifics of AI and ensure an adequate level of information security when using this technology is noted. In addition, a starting point has been identified for the effective and safe implementation of AI as an autonomous participant in the process in relation to disputes that are considered in a simplified manner or contain a high proportion of data that is reliably verified and stored electronically.
Citations count: 2
Reference:
Chufarova E.N. —
Language of Law in 'Language-Speech' Dichotomy
// Legal Studies.
– 2018. – ¹ 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:
Rundkvist A.N. —
Correlation of principles of justice and lawfulness: criteria of injustice of law
// Legal Studies.
– 2020. – ¹ 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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Abstract:
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: 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. – ¹ 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: 2
Reference:
Kulikov E.A. —
Social Danger of a Deed as the Main Attribute of a Misdeed
// Legal Studies.
– 2016. – ¹ 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:
Sapparov R.R. —
The Subject of Crime in Bankruptcy Pursuant to the Criminal Code of the Russian Federation
// Legal Studies.
– 2018. – ¹ 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:
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. – ¹ 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:
Vecherina O., Putalova I.B. —
Structure of the Russian institute of mediation: present, past, and future
// Legal Studies.
– 2020. – ¹ 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:
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. – ¹ 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:
Rouvinsky R.Z. —
Nation state facing the challenges of the XXI century: the overview of main political and legal problems.
// Legal Studies.
– 2014. – ¹ 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:
Kabanov P.A. —
Corporate victims of Russian criminality: criminological analysis of victimological statistics for 2009-2013
// Legal Studies.
– 2015. – ¹ 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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Abstract:
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:
Nikitina V.A. —
Information obligations of parties to a tenancy agreement in Russian and German law
// Legal Studies.
– 2017. – ¹ 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:
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. – ¹ 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:
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. – ¹ 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:
Kabanov P.A. —
The concept and the content of anti-corruption education as a means of prevention of corruption
// Legal Studies.
– 2015. – ¹ 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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Abstract:
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: 2
Reference:
Balanovskii V.V. —
Transcendentalism of Immanuel Kant as the Key to Understanding Specifics of Judge's Activity
// Legal Studies.
– 2019. – ¹ 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:
Belikova K.M. —
Investing capital in new territories of the Russian Federation: some practical problems and solutions
// Legal Studies.
– 2023. – ¹ 8.
– P. 39 - 50.
DOI: 10.25136/2409-7136.2023.8.43795 EDN: UNXEHA URL: https://en.nbpublish.com/library_read_article.php?id=43795
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Abstract:
The subject of the research in this article is the legal regulation of entrepreneurial activity in the form of capital investment in new territories of the Russian Federation – Donetsk and Lugansk People's Republics, Zaporozhye and Kherson regions in the context of a number of practical problems and solutions. The legal analysis of the Draft Law on the creation of a free economic zone (FEZ) in the new regions of Russia and the search for an answer to the question of who, under the sanctions of Western states and their unions, will act as investors in these territories, taking advantage of the serious benefits given. The research is conducted with such methods of scientific cognition as: general scientific dialectics, historical, of comparative legal analysis. The author proceeds from the subjective-objective determination of processes and phenomena. It is concluded that Russia, in the context of creating FEZ in new territories, needs to rely primarily on its own resources (on internal loans, people's enterprises, etc. based on the experience of the USSR and foreign states). On the other hand, it is necessary to develop BRICS and internal cooperation within BRICS in order to rid these countries of fear to invest in the Russian Federation, relying on the justification by diplomatic and military forces of the Russian understanding of the international legal aspect of the implementation of the right of peoples to self-determination and the principle of territorial integrity of the state. At the same time, it is concluded that excessive concentration of Russian assets in the hands of foreign investors should be avoided in the future.
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. – ¹ 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:
Kodan S.V. —
The Estate Legislation in the Policy of the Russian Supreme Government (1800 - 1850's)
// Legal Studies.
– 2012. – ¹ 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:
Ermakova I.V. —
Development of contextual advertising in the conditions of network economy: relevant questions of legal theory and practice
// Legal Studies.
– 2020. – ¹ 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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Abstract:
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: 2
Reference:
Bodrov N.F., Lebedeva A.K. —
The concept of deepfake in Russian law, classification of deepfake and issues of their legal regulation
// Legal Studies.
– 2023. – ¹ 11.
– P. 26 - 41.
DOI: 10.25136/2409-7136.2023.11.69014 EDN: DYIHIR URL: https://en.nbpublish.com/library_read_article.php?id=69014
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Abstract:
The article deals with the issues of legal regulation of deepfake in the Russian Federation. Legal regulation of deepfake does not keep up with the pace of development of artificial intelligence technologies. The authors emphasize that there is no definition of deepfake in the current legislation, and the existing formulations in scientific works are extremely contradictory in nature. Taking into account the pace of development of artificial intelligence technologies, it is necessary to legislate the definition of deepfake. The authors note that the classification of deepfakes is fundamentally important for the legal regulation of these technologies. According to the results of the analysis of modern neural networks the species classification of deepfakes is offered.
Taking into account the authors' proposed definition of the concept of "deepfake" and taking into account the lack of legal mechanisms to regulate social relations in the sphere of use and distribution of deepfake, which cause the development of digital transformation, it is important to form mechanisms to adapt the legal system to the challenges associated with the development of deepfake technologies.
Citations count: 2
Reference:
Belyaeva G.S. —
On the issue of doctrinal and legal criteria of optimization of legal regulation
// Legal Studies.
– 2015. – ¹ 3.
– P. 124 - 135.
DOI: 10.7256/2409-7136.2015.3.14462 URL: https://en.nbpublish.com/library_read_article.php?id=14462
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Abstract:
The research object contains the problems of optimization of legal regulation; in this relation the scientists' views concerning this concept, the essence, the contents and the problems of efficiency of law are considered, including legal regulations, measures and conditions, legal regulation and juridical activities. Doctrinal and legal criteria of legal regulation efficiency assessment in political and social and economic spheres are systematized. The role of correctly legally provided purposes in optimization of legal regulation in a particular social sphere is substantiated.The author uses the general scientific methods of logical cognition: analysis and synthesis, abstraction, modeling, the system-structural, the functional and the formal-logical approaches.As a result of the analysis of scientific literature related to the problem of legal norms efficiency assessment (legal regulation, law-enforcement acts, legal activity, etc.) and the provisions of legal sources the author offers the law efficiency complex assessment criteria: 1) a ratio between the purposes of a legal norm and the actual results, that is its effectiveness; 2) the rule of law compliance with the social values and interests (needs).
Citations count: 2
Reference:
Kurbanov R.A. —
Regional integration in Africa: Central African Customs and Economic Union
// Legal Studies.
– 2015. – ¹ 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:
Solovyev A.A. —
The structure of the General Council of the Judiciary of Spain and the procedure of its formation
// Legal Studies.
– 2017. – ¹ 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:
Kireeva A.V., Shatalov S.S. —
Public accounting: a promising direction of development of a system of public control in Russia
// Legal Studies.
– 2017. – ¹ 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. – ¹ 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:
Ilyasov A.A. —
Tacit Admission in Arbitral Proceedings
// Legal Studies.
– 2019. – ¹ 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:
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. – ¹ 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:
Belolyubskaya G.S. —
Legal Regulation of Collection of Mammoth Fossils Remains in the Russian Federation
// Legal Studies.
– 2019. – ¹ 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: 2
Reference:
Ursul A.D., Ursul T.A. —
Globalization in the perspective of sustainable future.
// Legal Studies.
– 2013. – ¹ 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:
Egorov S. —
Integrity of the new System of scientific Attestation (on the example of academic degree attributes)
// Legal Studies.
– 2023. – ¹ 4.
– P. 11 - 23.
DOI: 10.25136/2409-7136.2023.4.38621 EDN: WBVIPX URL: https://en.nbpublish.com/library_read_article.php?id=38621
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Abstract:
The article is devoted to the consideration of the issue of regulatory and legal mechanisms for ensuring the integrity of the Russian system of scientific certification. Due to the growing variety of forms and rules of dissertation defense in dissertation councils of various organizations, the question of whether the modern system is capable of providing equal rights and opportunities for all applicants for academic degrees becomes relevant. To find answers to this question, the study identified three subsystems formed by dissertation councils under the direct supervision of the Higher Attestation Commission, leading educational and scientific organizations, as well as spiritual educational organizations. In order to consider the specifics of each of the groups, a comparative analysis of regulatory and legal acts regulating the awarding of academic degrees and their subsequent use was carried out. The conducted study revealed that with visible integrity, the overall certification system is quite heterogeneous. Firstly, academic degrees in various subsystems have different naming options, which creates a problem of their comparison. Secondly, with the same name, the conditions for awarding may differ significantly, which leads to inequality of applicants. Thirdly, if the conditions of certification are equal, holders of academic degrees receive rights and opportunities in different amounts. The identified problematic aspects require clarification at the level of federal legislation.
Citations count: 2
Reference:
Semerikova A.A. —
Criminological Analysis of Sexual Violence Victims
// Legal Studies.
– 2018. – ¹ 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:
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. – ¹ 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:
Lukoianov N.V. —
Legal Aspects of Concluding, Amending or Terminating Smart Contracts
// Legal Studies.
– 2018. – ¹ 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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Abstract:
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: 2
Reference:
Aisner L.Y., Sochneva E.N., Chervyakov M.E. —
Legal framework for functioning of collaborations
// Legal Studies.
– 2020. – ¹ 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:
Belikova K.M. —
Responsibility of scholars for engineering, development and implementation of the technologies for euthanasia: certain aspects
// Legal Studies.
– 2020. – ¹ 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:
Dubovik O.L. —
Criminal law and environmental protection: real potential and limited capabilities in the context of modern environmental crises
// Legal Studies.
– 2020. – ¹ 8.
– P. 30 - 38.
DOI: 10.25136/2409-7136.2020.8.33844 URL: https://en.nbpublish.com/library_read_article.php?id=33844
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Abstract:
Environmental crimes statistically comprise an insignificant portion in overall crime structure, based on the number of reported cases and settled cases; the level of their latency remains high. The traditional types of offences, such as unlawful logging, hunting, extraction of water bio resources, prevail within the Russian registered cases of environmental crime, although their latency is undoubted. The vast majority of instances of criminal environmental pollution (water, atmosphere, marine environment, soil), violations of rules in handling environmentally hazardous substances and waste are not recorded, and thus do not receive due legal assessment. Currently, there is a wide variety of threats to the environment, environmental rights and interests, life and health, public and territorial security, which are complex in their structure, causes, consequences, and dynamics, and often interrelated with other social and economic factors. Among most urgent and large-scale threats, the author determines climate change, world ocean waters pollution, decline in biodiversity, wildfires, and in the long view – pollution of near-earth space environment. Environmental experts actively discuss the means for preventing such threats, including legal ones. Criminal law should also contribute to this activity.
Citations count: 2
Reference:
Aliev T.F. —
Issues of countering crimes committed using IT technologies
// Legal Studies.
– 2023. – ¹ 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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Abstract:
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: 2
Reference:
Reznik E.S. —
From the Project to the Implementation: Waiver of the Exclusive Surrogate Miother Right
// Legal Studies.
– 2018. – ¹ 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: 2
Reference:
Rykov D.A. —
Ivalidity of Transactions MAde by an Insolvent Debtor: When the Right is Abused to Create Artificial Accounts Payable
// Legal Studies.
– 2018. – ¹ 11.
– P. 36 - 43.
DOI: 10.25136/2409-7136.2018.11.27373 URL: https://en.nbpublish.com/library_read_article.php?id=27373
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Abstract:
The object of this research is the social relations arising in case of transactions made by an insolvent debtor being recognized as invalid and creation of artificial accounts payable. The scope of the research covers signs of the right being abused when such cases are viewed by the court. Analyzing the Russian law that regulates insolvency (bankruptcy), the researcher underlines the fact that the examination of the issues regarding the abuse of the bankruptcy right lacks a systems approach which creates uncertainty of the process of examination of claims based on Article 10 of the Civil Code of the Russian Federation combined with Articles 168, 170 of the Civil Code of the Russian Federation. The methodological basis of the research implies a dialectical research method that involves objective, in-depth and concrete analysis of social and legal phenomena that arise in the process of deputing transactions made by an insolvent debtor. The scientific novelty of the research is caused by the fact that the author offers a systems approach to the analysis of the abuse of the right in the process of creation of artificial accounts payable. As a solution, the author suggests to create a list of circumstances that may help to discover the facts of the right being abused, and to legally enforce relevant explanations of the Supreme Court of the Russian Federation. According to the author, such explanations will allow a better qualification of actions performed by the participants of the bankruptcy procedure.
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. – ¹ 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:
Abaturov A.I. —
Formation of the Institution of Post-Penitentiary Control in Russia (1844 - 2009)
// Legal Studies.
– 2012. – ¹ 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:
Gulyaikhin V.N. —
Family as a subject of early legal socialization
// Legal Studies.
– 2013. – ¹ 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: 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. – ¹ 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:
Nikitin V. —
Foreign organizations’ admission to construction activities in the Russian Federation: legal regulation issues
// Legal Studies.
– 2016. – ¹ 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:
Popov E.A. —
Concept of State as an Axiological and Conceptual System in Philosophies of Law and Statehood
// Legal Studies.
– 2013. – ¹ 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:
Rednikova T.V. —
Biosecurity Law in the Context of National Security: New Threats and Countermeasures
// Legal Studies.
– 2023. – ¹ 2.
– P. 1 - 10.
DOI: 10.25136/2409-7136.2023.2.39687 EDN: CFLSDR URL: https://en.nbpublish.com/library_read_article.php?id=39687
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Abstract:
Today, the Russian Federation has a number of strategic planning documents, federal laws, by-laws, SanPiNs and GOSTs in place to ensure the medical and biological safety of the population. The system of environmental protection legislation and legislation in the field of health care and sanitary and epidemiological support, the norms of which regulate, to some extent, the issues of ensuring medical and biological safety, has developed to a great extent.
It should be noted a number of problems inherent in the whole body of legislation regulating various aspects of medical and biological safety, which require a priority solution through the consolidation of efforts of the state and representatives of legal and sectoral sciences, as well as civil society. A characteristic feature of legislation in the field of biomedical safety is that in most cases it develops in response to past or existing threats, although in today's world it is more necessary than ever to develop it in advance, taking into account the foreseeable risks. The large number of rules governing relations in the field of biomedical security, which are often in conflict with each other, greatly complicates their enforcement.
Legal science faces an urgent need to develop a strategy (content) and tactics (implementation mechanism) of state-legal policy in the field of ensuring both medical and biological, and inextricably linked to it, environmental security of the state, adequate to the realities of the current stage of social development.
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. – ¹ 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:
Gorian K.V. —
The role of Protestantism in the formation of modern international law
// Legal Studies.
– 2016. – ¹ 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:
Komarov A.A. —
Research on the question of determination of the total number of fraud victims committed via Internet
// Legal Studies.
– 2020. – ¹ 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: 2
Reference:
Svetskiy A.V. —
Legal Protection of the Marine Environment from Oil and Petroleum Product Spills
// Legal Studies.
– 2023. – ¹ 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: 2
Reference:
Korchagin A.G., Yakovenko A.A. —
Criminogenic role of cryptocurrency
// Legal Studies.
– 2020. – ¹ 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: 1
Reference:
Sidorenko E.L., Khalizeva E.A. —
System of offences associated with securities fraud in the Russian Federation (Part 2)
// Legal Studies.
– 2021. – ¹ 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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Abstract:
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:
Kabanov P.A. —
Debating Points of Modern Russian Political Criminology
// Legal Studies.
– 2012. – ¹ 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:
Silaeva N.A. —
Prevention of crimes against the political system of the Russian Federation (some special measures).
// Legal Studies.
– 2013. – ¹ 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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Abstract:
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:
Lapaeva V.V. —
Privatization of socialistic property: constitutional and phylosophical legal analysis.
// Legal Studies.
– 2014. – ¹ 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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Abstract:
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:
Shishulina T.P. —
Problems of legal regulation and organization of rotational work in the northern regions
// Legal Studies.
– 2024. – ¹ 8.
– P. 94 - 109.
DOI: 10.25136/2409-7136.2024.8.71105 EDN: ZEYZRU URL: https://en.nbpublish.com/library_read_article.php?id=71105
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The object of the study is labor relations developing in the northern regions. The subject of the study is regulatory legal acts devoted to the legal regulation of labor of persons working and living in the northern regions, special legal literature devoted to the consideration of this issue. Particular attention is paid to the study of the regulation of labor relations under the rotation method of work. Today there is a need for an in-depth analysis of the impact of this method on social relations, the health of workers and their social adaptation, as well as legal regulation of issues of wages and working conditions. Based on the analysis, conclusions are drawn that the provision of human resources in the context of the development of the northern regions is an essential component of strategic planning that requires special attention, given the negative migration trends manifested by the outflow of population from these regions. The research methodology is based on the fact that the shift method, or rather the interest in it, expands beyond the technical and economic aspect, also covering the social, psychological and legal aspects of its application.
As a result of the study, the following conclusions were formulated: it is important to pay attention to research and analysis aimed at identifying the main challenges and problems in the field of labor regulation in the north; establish a federal body that will deal with the registration and classification of rotation workers and Arctic base cities; provide housing and relocation support for all employees and create conditions to meet the leisure and sports needs of shift workers, ensuring comfortable living through the improvement of the urban environment. It is important to involve corporate structures in cooperation with municipalities to implement infrastructure development projects.
Citations count: 1
Reference:
Denisov Y.P. —
Administrative liability for offenses in the field of historical memory protection in the Russian Federation and the Republic of Belarus
// Legal Studies.
– 2025. – ¹ 5.
– P. 50 - 63.
DOI: 10.25136/2409-7136.2025.5.74393 EDN: UIKLCY URL: https://en.nbpublish.com/library_read_article.php?id=74393
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Abstract:
The subject of the research is the social relations that develop in the field of the protection of historical memory in the Russian Federation and the Republic of Belarus. The focus of the study is on the norms of administrative legislation of the two countries that establish administrative responsibility for offenses that encroach upon historical memory. The author conducts a comparative legal study of the norms of the Code of Administrative Offenses of the Russian Federation dated December 30, 2001, No. 195-FZ, and the Code of Administrative Offenses of the Republic of Belarus dated January 6, 2021, No. 91-Z, which establish liability for offenses in the field of protection of historical memory. Special attention is given to the analysis of the norms regulating administrative liability for propaganda and public demonstration of Nazi symbols and attributes, for offenses in the field of protecting material historical and cultural heritage, and for the denial and distortion of historical truth about the Great Patriotic War. The research is based on a systematic approach. The key method of the study is comparative legal analysis, which enables the comparison of legal norms regulating liability for administrative offenses in Russia and Belarus and identifies their common features and differences. Alongside this, formal-logical and historical-legal methods were also employed. The novelty of the research lies in that the author identifies a whole set of norms in the administrative legislation of the Russian Federation and the Republic of Belarus establishing liability for administrative offenses in the field of the protection of historical memory. However, the author also discovers noticeable differences in the legislation of the two countries related to the administrative and legal regulation of the area of interest. In particular, Belarusian administrative legislation reflects a trend towards isolating administrative responsibility for offenses that encroach upon historical memory. In contrast, in the Code of Administrative Offenses of the Russian Federation, the compositions of administrative offenses in the area of protection of historical memory are dispersed. At the same time, the author concludes that in the trends of improving the institution of administrative responsibility in the Russian Federation, there is a clear orientation towards the protection not only of the material historical and cultural heritage of the peoples of Russia but also of its spiritual and moral foundation, which forms the basis of a common Russian civil identity.
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. – ¹ 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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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:
Antipova K. —
Methods of big data definition: Russian and foreign experience
// Legal Studies.
– 2021. – ¹ 9.
– P. 143 - 157.
DOI: 10.25136/2409-7136.2021.9.36591 URL: https://en.nbpublish.com/library_read_article.php?id=36591
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Abstract:
This article explores the main approaches of Russian and foreign authors towards big data definition; reflects the classification of data, components of big data; and provides comparative characteristics to legal regulation of big data. The subject of this research is the legislation of the Russian Federation and legislation of the European Union that regulate the activity on collection, processing and use of big data, personal data and information; judicial and arbitration practice of the Russian Federation in the sphere of personal data; normative legal acts of the Russian Federation; governmental regulation of the Russian Federation and foreign countries in the area of processing, use and transmission of data; as well as legal doctrine in the field of research dedicated to the nature of big data. The relevance of this research is substantiated by the fact that there is yet no conceptual uniformity with regards to big data in the world; the essence and methods of regulating big data are not fully explored. The goal of this research is determine the legal qualification of the data that comprise big data. The task lies in giving definition to the term “big data”; demonstrate the approaches towards determination of legal nature of big data; conduct classification of big data; outline the criteria for distinguishing data that comprise the concept of big data; formulate the model for optimal regulation of relations in the process of activity on collection, processing, and use of the data. The original definition of big data in the narrow and broad sense is provided. As a result, the author distinguishes the types of data, reflects the legal qualification of data depending on the category of data contained therein: industrial data, user data, and personal data. Attention is also turned to the contractual form of big data circulation.
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. – ¹ 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.
Citations count: 1
Reference:
Abdulvaliev A.F. —
Geographical approach to determining access to justice in criminal cases (on the example of district courts of the Tyumen region)
// Legal Studies.
– 2022. – ¹ 4.
– P. 34 - 47.
DOI: 10.25136/2409-7136.2022.4.37693 URL: https://en.nbpublish.com/library_read_article.php?id=37693
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Abstract:
The purpose of this study is to test the extent to which courts of general jurisdiction in some regions of the Russian Federation are accessible to the population from a geographical point of view. The object of the study was the district courts of general jurisdiction located in the district centers of the Tyumen region, and their remoteness from the locations of local governments, law enforcement agencies, airports, bus stations and railway stations.
The main research methods were the geoinformation method, the cartographic method, as well as the comparative legal method, including the analysis of the norms of the criminal procedure legislation of the Russian Federation and judicial practice. The application of the geographical approach made it possible to establish in various aspects how accessible the courts of general jurisdiction are to the population living in various municipal districts of the Tyumen region.
 The conducted research revealed a number of problems related to ensuring access to justice for the local population. Despite the fact that most of the district courts of general jurisdiction in municipal districts are located within walking distance from the local self-government and law enforcement bodies nearby in the district center and have good transport links with bus stations, railway stations and air terminals, yet the district courts remain difficult to access for the population due to remoteness and lack of good and constant transport communication. In addition, the study showed that not all municipal districts have courts of general jurisdiction.
Citations count: 1
Reference:
Gulyaikhin V.N. —
The legal mindset of Russian citizens
// Legal Studies.
– 2012. – ¹ 4.
– P. 108 - 133.
DOI: 10.7256/2305-9699.2012.4.310 URL: https://en.nbpublish.com/library_read_article.php?id=310
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Abstract:
This article investigates the features of the legal mindset of Russian citizens. As a distinct product of the sociohistoric and psycho-social development of a nation, the mental component of legal consciousness assigns to one's personality a model of legal activities, one which is manageable and familiar in terms of the traditional norms of social conduct. The author concludes that there are significant contradictions between Russian citizens' traditional model of legal activities -- given their mindset and the dominant archetype of Truth -- and a modern legal system, one which can transform the individual into homo mechanicus (E. Fromm), bureaucratization, a narrow pragmatism at the expense of spirituality, and the transition of people from being the subject of law to being its object, alienated from their natural rights and freedoms. To address the issues facing the Russian state, it is necessary, by relying on traditional Russian ethical principles, to unify our social and legal existence by bringing together our legal thinking with a multifaceted national culture and socio-cultural reality.
Citations count: 1
Reference:
Yarovenko V.V., Badikov K.N. —
On the issue of psychological dermal glyphic studies.
// Legal Studies.
– 2013. – ¹ 6.
– P. 351 - 364.
DOI: 10.7256/2305-9699.2013.6.757 URL: https://en.nbpublish.com/library_read_article.php?id=757
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Abstract:
Based upon the analysis of scientific views on forensic dermal glyphic studies, and psycho-dermal-glyphic studies as its element, the authors evaluate the possibilities for studying the psychological structures of a person and further establishing the behavior motives, as well as formation of a forensic searching personality model. Psycho-dermal-glyphic studies use the data of medical and anthropological dermal glyphic studies, psychology and psychiatry, allowing to solve the problems in the segments bordering psychophysiology and psychiatry. The authors use the same standpoint in order to evaluate the opinion on the formation of a novel scientific direction - psychological dermal glyphic studies, which shall allow to achieve diagnostic goals in the process of investigation and exposure of crimes, to establish predisposition towards suicidal acts, addict behavior (alcoholism, drug addiction, etc.) based on the traces of sweat and grease left by a person. The authors show the differences between psycho-dermal-glyphic studies and psychological dermal-glyphic studies, which is the following: the methods of psycho-dermal-glyphic studies allow to establish presence of elements of papillary prints, proving genetic illnesses, while the methods of psychological dermal-glyphic studies allow to establish presence of elements characteristic of certain types of behavior. Based upon the above-mentioned position, the authors express an opinion that psychological dermal-glyphic studies may be regarded as a novel scientific direction within forensic dermal-glyphic studies.
Citations count: 1
Reference:
Atabekov A.R. —
Analysis of approaches to determining legal liability for the actions of artificial intelligence in the medical field: the experience of the United States and Russia.
// Legal Studies.
– 2023. – ¹ 6.
– P. 1 - 9.
DOI: 10.25136/2409-7136.2023.6.40928 EDN: IJDDLB URL: https://en.nbpublish.com/library_read_article.php?id=40928
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Abstract:
This article introduces a comparative analysis of existing approaches to determining the liability of artificial intelligence in the context of public medical relations between the United States and Russia. As part of the comparative analysis, the basic problems in the field of transparency in the decision-making of artificial intelligence were identified, theoretical and practical situations for the use of artificial intelligence in the medical field were considered, and possible compensatory legal measures were proposed to ensure the safe integration of artificial intelligence into the healthcare sector in Russia.
The subject of the study is the formalization of artificial intelligence actions in legal relations between a doctor and a patient.
The object of the study is regulatory documents, recommendations and other documents regulating the use of artificial intelligence for the purposes of medical legal relations in Russia and the United States, judicial practice, academic publications and analytical reports on the issues under study.
The research methodology integrates a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, hermeneutical, comparative legal, formal legal (dogmatic), etc.
Within the framework of this study, special emphasis is laid on the implementation of a comparative legal study of the phenomenon of the autonomy of artificial intelligence involved in legal relations between a doctor and a patient, followed by the identification of potential scenarios for regulating responsibility for AI actions.
The measures proposed as a result of the study can be applied in the legislative activities and their implementation by relevant authorities that are in charge of the integration of artificial intelligence into the sphere of public relations in Russia, including the healthcare sector.
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. – ¹ 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:
Sotnikov K.I. —
On the possibilities of introducing transcription into the practice of interrogation at the stage of preliminary investigation of crimes
// Legal Studies.
– 2023. – ¹ 11.
– P. 66 - 75.
DOI: 10.25136/2409-7136.2023.11.68738 EDN: QZFFFQ URL: https://en.nbpublish.com/library_read_article.php?id=68738
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Abstract:
The subject of the study is the modern forensic investigative practice of recording the testimony of interrogated persons at the preliminary investigation, which indicates a tendency to increase the volume of interrogation protocols being compiled. The object of the study is the regularities of the procedure for recording the testimony of the interrogated persons. It is noted that the preparation of the interrogation protocol is the most time-consuming final stage of this investigative action. Analysis of scientific publications in recent years shows that forensic scientists focus on the tactics and psychology of interrogation. As part of the forensic tactics of interrogation, the issues of the specifics of the use of additional means of fixation in the form of audio-video recordings and requirements for the content of the interrogation protocol are also considered. The existing procedure for recording the testimony of interrogated persons in the typewriter mode remains acute. The novelty of the research lies in the author's proposal to introduce modern computer technologies and artificial intelligence into the practice of drawing up interrogation protocols that allow converting oral speech into text. We are talking about automatic speech recognition and the conversion of a speech signal into digital information in the form of text (transcription of oral speech). Currently, transcription is widely used in various spheres of human activity. It is noted that it is permissible to use transcription technology from the standpoint of criminal procedural regulation of interrogation and confrontation.The use of transcription means will allow the investigator to focus on communicating with the interrogated person, achieve psychological contact, track testimony, use tactical techniques, etc. Modern software allows the introduction of the specified technology of recording the testimony of interrogated persons into the practice of interrogation.
Citations count: 1
Reference:
Kudelkin N.S. —
Traditional Nature Management and Environmental Protection of the North (Part 1)
// Legal Studies.
– 2025. – ¹ 11.
– P. 23 - 38.
DOI: 10.25136/2409-7136.2025.11.76653 EDN: DTBWTH URL: https://en.nbpublish.com/library_read_article.php?id=76653
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Abstract:
The subject of this work comprises legal norms related to Indigenous small-numbered peoples and traditional nature management, as well as provisions of strategic planning documents addressing this topic. The aim of the study is to formulate conclusions and proposals aimed at improving legal regulation in this area, based on an analysis of federal and regional legislation, strategic planning documents, and information about Indigenous small-numbered peoples, traditional nature management, and the state of the environment. The research employs general scientific, specialized, and specific methods, including synthesis, analysis, deduction, generalization, analogy, induction, formal legal method, and others. The relevance of the topic is underscored by two key factors. On the one hand, the right to traditional nature management is a crucial element in preserving the culture of Indigenous peoples residing in the Russian Federation, as it is through traditional economic activities that ethnic clothing, household items, folklore, and language are maintained. On the other hand, the ability to engage in traditional nature management is significantly impacted by both industrial development in the Arctic Zone of the Russian Federation and the North in general, as well as climate change. Thus, there are numerous challenges in safeguarding the right to traditional nature management, which must be addressed, among other means, through legal regulation. The study presents several conclusions and proposals. For instance, given that traditional nature management is entirely dependent on the environment and natural resources, it seems logical to consider the possibility of its full implementation as an indicator of a favorable environmental state. The study also notes that the provisions of strategic planning documents concerning Indigenous small-numbered peoples can serve as a foundation for both improving existing legislation and developing new laws related to traditional nature management and environmental protection in the areas where it is practiced.
Citations count: 1
Reference:
Romanov R.V. —
Proof standards at the pre-trial phase in international criminal courts and tribunals
// Legal Studies.
– 2017. – ¹ 5.
– P. 52 - 62.
DOI: 10.7256/2409-7136.2017.5.22630 URL: https://en.nbpublish.com/library_read_article.php?id=22630
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Abstract:
The paper analyzes the standards of proof applied at the pre-trial phase of proceedings in international criminal courts and tribunals. The author raises the problem of differences in the procedures of various international institutions of criminal justice at the pre-trial phase of the proceedings; reviews the set of standards of “prima facie proof” and “reasonable grounds to believe”; considers the requirements for issuing the arrest warrant and preliminary confirmation of a letter of accusation. The proof standards analysis is based on the practice of international criminal courts and tribunals. The research methodology is based on general scientific methods of cognition: structural-logical, formal-logical, dialectical, deductive, inductive, system analysis, and specific methods: historical-legal, logical-legal, comparative-legal, formal-legal, and the system-structural approach.
The key research methods are analysis and comparative analysis: the author analyzes judicial practice of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Court. The author approves the thesis that further development of regulation of proof standards, applied at the pre-trial phase, will help develop an effective mechanism of protection of rights of the accused and raise requirements to prosecutor’s investigation. The author formulates the essence of proof standards, applied at the present time in different institutions of international criminal justice, and suggests regulating the time limit for detention prior to confirmation of accusation at the pre-trial phase of the procedure. The formulated essence of proof standards can be used in discussions about the possible adaptation of proof standards to the realities of Russian procedural law and for preparation and submission of procedural documents in international institutions of criminal justice.
Citations count: 1
Reference:
Morkhat P.M. —
Smart Contracts and Artificial Intelligence: Civil Right Perspective
// Legal Studies.
– 2018. – ¹ 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:
Damm I.A., Shishko I.V. —
Prevention of Corruption Risks During State Final Certification at School or University: Legal Aspect
// Legal Studies.
– 2018. – ¹ 12.
– P. 11 - 29.
DOI: 10.25136/2409-7136.2018.12.28548 URL: https://en.nbpublish.com/library_read_article.php?id=28548
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Abstract:
The subject of the research is the legislation about education and anti-corruption measures as well as local regulatory acts of higher education establishments. The authors of the article analyze the current state of the legal regulation of the state final certification procedure carried out at schools or universities (federal universities) for the purpose of discovering corruption risks. The authors focus on the discovery of corruption risks at each stage of state final certification (preparation, conduction, follow-up of results, and appeal) and development of prevention recommendations. In the course of their research the authors have used the dialectical research method as well as structured systems approach, comparative law, formal logic and others. The results of the research demonstrate that the preventive anti-corruption potential of local acts regulating the state final certification procedure at universities is way below the established procedure of state final certification (Unified State Exams at schools). The authors describe the main corruption risks that may arise at different stages of state final certification at school or university and make suggestions on how to improve the legal regulation of state final certification procedure taking into account the successful experience of the legal regulation of the aforesaid certification procedure.
Citations count: 1
Reference:
Kuzmina E.A. —
Limits of Appeal to the Prosecutor and Decisions of Preliminary Investigation Agencies as One of the Issues that Arises in the Process of Complaint Investigation at Russian Federation Prosecution Office According to Article 124 of the Russian Federation Code of Criminal Procedure
// Legal Studies.
– 2019. – ¹ 3.
– P. 13 - 19.
DOI: 10.25136/2409-7136.2019.3.29016 URL: https://en.nbpublish.com/library_read_article.php?id=29016
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Abstract:
The object of the research is social and criminal process relations that arise during appeal to the prosecutor regarding procedural action or inaction and decisions of preliminary investigation agencies. This is an important issue that arises in the process of accepting the complaint according to Article 124 of the Russian Federation Code of Criminal Procedure. The author of the article covers important points such as the basis, matter and limits of the appeal. The subject of the research is the legal standards that regulate limits of appeal to the prosecutor regarding procedural actions and decisions of preliminary investigationi agencies as well as law-enforcement practice of implementation of aforesaid standards, statistical data, and research opinions on the matter. The methodological basis of the research includes general and special research methods such as analysis, induction, deduction, structured system analysis, comparative, formal law and technical law analysis. The main conclusions of the research is that the author emphasizes the need in integral evaluation of a number of issues that may arise in the process of appeal to the prosecutor regarding action or inaction and decisions of preliminary investigation agencies, in particular, legislative recognition of particular limits of appeal to the prosecutor in a single legal act. This would eliminate uncertainty that is often caused by appeal to the prosecution office and would create additional opportunity for citizens to defend their rights and freedoms.
Citations count: 1
Reference:
Abdulvaliev A.F. —
Geographical approach to determining access to justice in criminal cases (on the example of district courts of the Kurgan region)
// Legal Studies.
– 2022. – ¹ 6.
– P. 22 - 36.
DOI: 10.25136/2409-7136.2022.6.37696 EDN: HQEMUY URL: https://en.nbpublish.com/library_read_article.php?id=37696
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Abstract:
The purpose of this study is to test the extent to which courts of general jurisdiction in some regions of the Russian Federation are accessible to the population from a geographical point of view. The object of the study was the district courts of general jurisdiction located in the district centers of the Kurgan region, and their remoteness from the locations of local governments, law enforcement agencies, airports, bus stations and railway stations.
The main research methods were the geoinformation method, the cartographic method, as well as the comparative legal method, including the analysis of the norms of the criminal procedure legislation of the Russian Federation and judicial practice. The application of the geographical approach made it possible to establish in various aspects how accessible the courts of general jurisdiction are to the population living in various municipal districts of the Kurgan region.
The conducted research revealed a number of problems related to ensuring access to justice for the local population. Despite the fact that most of the district courts of general jurisdiction in municipal districts are located within walking distance from local self-government and law enforcement bodies nearby in the district center and have good transport links with bus stations, railway stations and air terminals, yet 1/10 of the district courts remain inaccessible to the population due to remoteness and lack of good and permanent transport communication. In addition, the underdeveloped air communication of the Kurgan region with other regions of Russia does not contribute to ensuring high-quality access to justice.
Citations count: 1
Reference:
Antipova K. —
Issues of Legal Qualification of Big Data as Digital Assets
// Legal Studies.
– 2022. – ¹ 11.
– P. 45 - 61.
DOI: 10.25136/2409-7136.2022.11.38928 EDN: VYZDVX URL: https://en.nbpublish.com/library_read_article.php?id=38928
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Abstract:
The article examines the legal nature of digital assets and big data, provides a classification of digital assets, and provides a comparison and analysis of digital assets and big data. The article defines the concept and features of digital assets. The subject of the research in this article is the legislation of the Russian Federation in the field of artificial intelligence, digital assets, the legislation of the European Union in the field of big data regulation, the judicial and arbitration practice of the Russian Federation in the field of personal data, regulatory legal acts, acts of state regulation of the Russian Federation and foreign countries in the field of data processing, use, transmission and legal doctrine in the field of research on the nature of digital assets and big data. The relevance of the study is due to the fact that in Russia there is no conceptual unity in relation to digital assets and big data, the correlation of these concepts has not been fully investigated. The purpose of the study is to clarify the qualification of big data as digital assets. The objectives of the research are to define the concept and features of digital assets and big data, the relationship between the concepts of digital assets and big data, and the definition of ways to qualify big data as digital assets. As a result of the study, the concept and features of digital assets are defined, the concept and features of big data are defined. Digital assets are defined as a collective category of objects characterized by signs of digital form, virtuality of the nature of the asset, turnover, economic value, extraterritoriality. The conclusion reflects that big data can act as a digital asset, if the result of big data matches the characteristics of digital assets.
Citations count: 1
Reference:
Lapaeva V.V. —
The «Gudkov case»: legal analysis
// Legal Studies.
– 2012. – ¹ 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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Abstract:
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:
Ursul A.D. —
The sustainable development law: conceptual and methodological problems of its formation.
// Legal Studies.
– 2013. – ¹ 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:
Uvarov A.A. —
On the role of state in formation of a civil society
// Legal Studies.
– 2013. – ¹ 7.
– P. 1 - 40.
DOI: 10.7256/2305-9699.2013.7.8782 URL: https://en.nbpublish.com/library_read_article.php?id=8782
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Abstract:
The article analyzes the legal basis for the relations between the state and civil society. The basic elements for the evaluation of these relations are constitution and de facto political regime in a state. The object of evaluation includes novelties of the Russian legislation in various spheres of civil society. Much attention is paid to the controlling functions of the civil society. There is a gradual redistribution of competences previously belonging to the state bodies in favor of civil society institutions. In the process of interaction between the state and civil society there appear structures necessary for a civilized dialogue, such as the Social Chamber of the Russian Federation, apear. The author evaluates the role of civil society in the reform of the judicial system, including the issues regarding the level of trust of the people in the judicial branch of power, its openness and accessibility for the people. The legislative measures aimed towards strengthening of the state support for the political parties should include the provisions granting the citizens, who are not members of any political parties, freedom of choice when forming representative election bodies. The article also concerns a number of other topical problems regarding interaction between civil society and state. The author formulates propositions for the guarantees of the optimum balance in the relations between state and civil society in order for the civil society to develop freely and efficiently.
Citations count: 1
Reference:
Gorokhova S.S., Khvatova M.A. —
On some aspects of the transformation of the general provisions of the legislation of the Russian Federation in the field of Russian citizenship
// Legal Studies.
– 2023. – ¹ 10.
– P. 14 - 26.
DOI: 10.25136/2409-7136.2023.10.68741 EDN: UKRYOY URL: https://en.nbpublish.com/library_read_article.php?id=68741
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Abstract:
The subject of the study is the general provisions of Federal Law No. 138-FZ of 28.04.2023 "On Citizenship of the Russian Federation". The author analyzes the content of the first chapter of the law in comparison with similar norms of the previously valid Federal Law of 31.05.2002 N 62-FZ
"On Citizenship of the Russian Federation". The author focuses on the changes that have taken place in the sphere of legal regulation of issues of Russian citizenship, identifies similarities with the previously existing regulatory legal act, and also explores the essence of newly introduced legislative innovations in the field of regulation of the general provisions of legislation on citizenship of the Russian Federation.
The main conclusions of the study are the following provisions.
The relevance of the adoption of the new federal law "On Citizenship of the Russian Federation" is determined by the necessity caused not only by geopolitics, multidirectional migration flows, territorial changes, but also by the difficult demographic situation that the state is experiencing at the moment.
At the same time, it is obvious that, despite the certain similarity of the new Law on Citizenship of the Russian Federation with the previously existing one, even its first chapter, devoted to the general provisions regulating issues of Russian citizenship, contains a number of novelties that allow us to talk about a significant change in legal regulations in this area.
Citations count: 1
Reference:
Bagandova L.Z. —
Prohibition of the glorification of the crimes condemned by the verdict of the International Military Tribunal of the European Axis Countries: problems of interpretation and law enforcement
// Legal Studies.
– 2023. – ¹ 12.
– P. 89 - 96.
DOI: 10.25136/2409-7136.2023.12.68918 EDN: EHBFMH URL: https://en.nbpublish.com/library_read_article.php?id=68918
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Abstract:
The subject of this study is the criminal law prohibition of the approval of crimes condemned by the verdict of the International Military Tribunal of the European Axis countries. This act of glorifying of such crimes is an element of the objective side of the corpus delicti provided for in Article 354.1 of the Criminal Code of the Russian Federation. The methodology of the research consists of such methods as formal-legal, logical, systematic, as well as the method of analysis. The author emphasizes the importance of considering the aspects of the qualification of this act in the context of the development of the information society, since due to the active processes of digitalization, the present crime is often committed in the Internet environment. Special attention is paid to such a feature of the subjective side of the crime as its goal: the author argues about the need to consolidate the goal as a constructive feature of the subjective side of the considered corpus delicti. The novelty of this study lies in the fact that this norm is analyzed in relation to the constitutional principle of freedom of speech. The author comes to the conclusion that in this matter it is advisable to be guided by part 3 of Article 55 of the Constitution of the Russian Federation, according to which constitutional rights and freedoms can be restricted only to the extent necessary to protect the constitutional foundations and ensure the security of the state.
Citations count: 1
Reference:
Vasileva Y.V. —
Legal provision of national economic security in the face of unprecedented sanctions pressure
// Legal Studies.
– 2024. – ¹ 1.
– P. 61 - 72.
DOI: 10.25136/2409-7136.2024.1.69699 EDN: JAEKMQ URL: https://en.nbpublish.com/library_read_article.php?id=69699
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Abstract:
The subject of the study is normative and other legal acts, materials of law enforcement practice, provisions of domestic legal theory concerning the security of the Russian economy in the context of sanctions pressure. The object of the study is public relations regulated by regulatory acts that consolidated anti-sanctions measures. The purpose of the research is to study, generalize, theoretical and practical understanding of the legal regulation of ensuring the economic security of the Russian Federation, to develop on this basis a set of theoretical conclusions, legislative proposals and practical recommendations that provide a modern understanding of legislation in the field under consideration. Special attention is paid to the analysis of the main anti-sanctions measures taken in the Russian Federation to counteract restrictions in the economic sector, which made it possible to stabilize the situation in the Russian national economy as soon as possible. The methodological basis for achieving the set research goal was the methods of complex, systemic, comparative legal, informational, and statistical analysis. The conclusions of the study also have a scientific novelty: in the context of the strengthening of existing and the emergence of new challenges and threats to economic security, the Russian Federation maintains a fairly high level of economic sovereignty and socio-economic stability. Our country needs to continue its policy of rapid response to the sanctions pressure of unfriendly states, regulatory acts are required to be adopted aimed at structural changes in the Russian economy and reducing the dominance of Western instruments in foreign trade relations, infrastructure development and strengthening partnerships with friendly states, investment development, active improvement of digital financial technologies, updating and prolonging the implementation of national projects. The above measures should contribute to improving the well-being of Russian citizens and ensuring sustainable socio-economic development of Russia.
Citations count: 1
Reference:
Semerikova A.A. —
Typology of sexually violent offenders
// Legal Studies.
– 2017. – ¹ 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:
Ul'yanishchev V.G., Badaeva N. —
The Good Faith Principle and the Idea of Justice in Civil Law
// Legal Studies.
– 2018. – ¹ 9.
– P. 30 - 46.
DOI: 10.25136/2409-7136.2018.9.27240 URL: https://en.nbpublish.com/library_read_article.php?id=27240
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Abstract:
This study is methodological in nature since it is devoted to the fundamental problem, the formation of a national civil law and order. The essence of the problem is: whether it is possible to create a rule of law by declaring several “catchy” ideas that supposedly justify it, or it is necessary to painstakingly build norms and institutions in which those ideas (of different levels) that fill the system with necessary life force are manifested. The immediate reason for the formulation of the problem was the appearance in 2012 in Art. 1 of the Civil Code wording on the need to "act in good faith" in the "establishment, implementation and protection of civil rights and in the performance of civil duties." There was a need to identify the scientific and socio-economic substantiations of this novel and, most importantly, the prospects for its value (axiological) manifestation in the law and order of the Russian Federation. To achieve the validity of the generalizations, the authors turned to a comparative legal study of the problems (appeal to Federal Civil Code of 1804, Civil Code of 1896, Swiss Civil Code of 1912; civil legislation of Italy 1942 and civil legislation of the Kingdom of the Netherlands 1994). It turned out that all the current civil codes of the continental legal system to some extent follow the direction of combining "moral and legal", the roots of which go back to Roman law. The final part of the work contains conclusions from the conducted historical and comparative legal research of the topic. According to the authors, the combination of specific rules on the application of moral concepts (“good faith”, “justice”) with the professional and responsible behavior of the legal (judicial, first of all) community can ensure an adequate level of “good faith” of participants in civil turnover.
Citations count: 1
Reference:
Iakovleva-Chernysheva A.I., Druzhinina A.V. —
Legal regulation of digitalization processes in the Russian Federation: civil law aspect
// Legal Studies.
– 2021. – ¹ 8.
– P. 51 - 62.
DOI: 10.25136/2409-7136.2021.8.36270 URL: https://en.nbpublish.com/library_read_article.php?id=36270
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Abstract:
The subject of this research is the trends and problems in the development of civil legislation within the framework of legal regulation of digitalization processes in the Russian Federation. The goal of this article lies in comprehensive examination and disclosure of the legal essence of the concept of digital rights as an object of civil rights, introduced into the Russian legislation within the framework of legal regulation of digitalization processes. The research methodology employs systematic approach, general scientific and special methods of legal science – formal-legal, interpretation of law, etc. For achieving the set goal, the author explores the prerequisites for the development of civil law provision pf digitalization processes; analyzes the novelties of civil legislation pertinent to implementation of various types of digital rights into civil discourse; studies the legal essence of digital rights; determine the ratio between digital rights and equity securities within the civil discourse. The scientific novelty lies in revealing the legal essence of digital rights as a special concept uses in civil law ; systematic analysis of the utilitarian digital rights and digital financial assets that encompass all types of digital rights in the current Russian legislation; substantiation of the fact that property rights in their extensive interpretation used in legal science and case law are the generic concept of digital rights; outlining that the content and conditions for exercising digital rights are determined conformity with the rules of the information system that meets the criteria established by law; examination and explanation of interrelation between different types of digital financial assets and equity securities in the civil discourse. The acquired results can be applied in further research of civil law regulation of digitalization processes, in teaching civil law disciplines in the higher school.
Citations count: 1
Reference:
Vakhrameev R.G. —
Legal regulation mechanism for the constitutional right to information
// Legal Studies.
– 2013. – ¹ 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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Abstract:
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:
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. – ¹ 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:
Musienko N.S. —
Evaluative features in the definition of crimes in the legislation of the Russian Federation: problems of defining the concept
// Legal Studies.
– 2024. – ¹ 10.
– P. 15 - 24.
DOI: 10.25136/2409-7136.2024.10.72144 EDN: CSDCDA URL: https://en.nbpublish.com/library_read_article.php?id=72144
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Abstract:
In this work, the author examines some features of the concept of evaluative features in the corpus delicti in the legislation of the Russian Federation. The article notes the ambiguity of the approach to defining the concept of the evaluative features of a criminal offense. The author also notes that the current legislation lacks a legal approach to designating evaluative features, and the rapid development and modernization of the doctrines on the corpus delicti determine the need to develop a new and more objective approach to their definition. To offer the author's vision of the term "evaluative feature of the corpus delicti", two approaches are used in the work, the first of which is reduced to a review of doctrinally developed definitions of this term, and the second is to establish the semantic property of such. As a result of the conducted research, it was concluded that the specified features in the model of the corpus delicti should be understood as special conditions stipulated in the dispositions of the norms of the Special Part of the Criminal Law, which at the same time act as a characteristic of a certain feature or features of the corpus delicti, the criminal-legal content of which is established by the subject implementing the criminal-legal norm, or by a person with legal knowledge, taking into account the specific circumstances of the case. In the presented definition, it is necessary to detail the circle of persons who establish the evaluative features. The subjects implementing the criminal-legal norm include both law enforcement officers and other participants in the criminal process (in particular, the defense attorney), and the persons with legal knowledge include specialists, representatives of the criminal-legal doctrine.
Citations count: 1
Reference:
Kurbanov R.A. —
The Liptako-Gourma Authority Organization
// Legal Studies.
– 2016. – ¹ 4.
– P. 24 - 29.
DOI: 10.7256/2409-7136.2016.4.18784 URL: https://en.nbpublish.com/library_read_article.php?id=18784
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Abstract:
The article considers the African organization the Liptako-Gourma Authority, the history of its foundation, the institutional structure, the spheres of activity, and the peculiarities of its functioning as compared to other African regional organizations. The author comes to the conclusion that LGA is a sub-regional organization, ant its activity is aimed at the harmonious and integrated development of all its member-states, at the development and joint allocation of resources. In spite of the fact that the organization’s area of activity covers such strategic spheres as industry, energetics, agriculture, telecommunications, etc., the issues of struggle against poverty, food security, and isolation overcoming (access to the sea) are the key directions of its work. We can hardy speak of an intensive development of integration processes within the LGA nowadays due to the high level of poverty, dependence on external donors, unfavorable ecological conditions in the sub-region and the absence of a developed infrastructure necessary for integrated development of the member-states’ economies.
Citations count: 1
Reference:
Lysenkov S. —
Provisions and principles of the Soviet criminal law of the period of New Economic Policy and laying the groundwork of socialism in the USSR
// Legal Studies.
– 2016. – ¹ 7.
– P. 29 - 36.
DOI: 10.7256/2409-7136.2016.7.19507 URL: https://en.nbpublish.com/library_read_article.php?id=19507
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Abstract:
The research subject is the process of development of the provisions and principles of the Soviet criminal law in the first criminal codes of the Russian Federation and their transformation during the period of laying the groundwork of socialism and establishing the authoritarian Stalin regime in the USSR. The main attention is paid to the content of the articles of the criminal law on responsibility for the crimes against the state, public management and military service, many of which demonstrated the punitive and deterrent function of criminal law and didn’t correspond with the general principles of socialist legality, justice and humanism. The research methodology is based on the traditional approaches and methods of dialectical materialism allowing studying all the processes and phenomena in their development, interrelation and interdependence. The author concludes that, despite the fact that none of the Soviet criminal code had contained the notion “principle”, this term was often used in scientific and special literature; in the beginning of its development, the Soviet criminal law admitted law enforcement based on the revolutionary legal consciousness of judges and analogy of the law; the punitive and preventive function of the criminal law transformed into the punitive and deterrent one during the period of establishment of the authoritarian regime.
Citations count: 1
Reference:
Derbysheva E.A. —
The legal certainty principle as a requirement of certainty of a legal provision
// Legal Studies.
– 2017. – ¹ 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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Abstract:
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:
Yarovenko V.V. —
Expert initiative in the modern expert practice
// Legal Studies.
– 2017. – ¹ 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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Abstract:
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:
Nikitina A. —
Constitutional Legal Disputes: Definition, Features, and Criteria for Differentiating them from other Kinds of Public Legal Disputes
// Legal Studies.
– 2018. – ¹ 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:
Pshenichnyi R.V. —
Criminalistic Characteristic of Personality of a Criminal Who Has Committed Theft of Property
// Legal Studies.
– 2019. – ¹ 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:
Polikarpova I.V., Zaitseva O.V. —
Preventive law: concept, structure and content
// Legal Studies.
– 2020. – ¹ 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:
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. – ¹ 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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Abstract:
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:
Tokarchuk R.E. —
Public danger as a general principle of criminal law and criminal responsibility
// Legal Studies.
– 2012. – ¹ 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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Abstract:
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:
Gulyaikhin V.N. —
Psychosocial Forms of Legal Nihilism
// Legal Studies.
– 2012. – ¹ 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:
Markov P.V. —
Conditions for the exercise of judicial discretion in ñontinental and common law countries
// Legal Studies.
– 2012. – ¹ 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:
Makarova T.V. —
Typology of terrorism victims.
// Legal Studies.
– 2013. – ¹ 8.
– P. 213 - 226.
DOI: 10.7256/2305-9699.2013.8.9338 URL: https://en.nbpublish.com/library_read_article.php?id=9338
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Abstract:
The article is devoted to the issues of typology of victims of the terrorist crimes. The author discusses contents and meaning of the typology of victims, and of terrorist crimes (terrorism). The typology of terrorism victims is based upon two elements: the degree of interaction between a criminal and a victim and the role of a victim in a crime. Depending on the degree of interaction between a criminal and a victim the author singles out direct and indirect victims. Depending on the role in a crime the author singles out victims with neutral, co-participating, unlawful, and lawful behavior. The article then provides characteristics for each of these types. It separately includes typical composition of any group of accidental hostages. The composition includes the following victims: impatient, persistent, insensible, subservient, and sympathizing. Finally, the author formulates a conclusion that typology of the victims of terrorist crimes is relative, since some terrorism victims do not fall within one category.
Citations count: 1
Reference:
Bormotova L.V. —
The reasonableness of the duration of criminal proceedings - a special case of unjustified legal convergence that violates the historical order
// Legal Studies.
– 2024. – ¹ 9.
– P. 1 - 16.
DOI: 10.25136/2409-7136.2024.9.71580 EDN: ANMVVT URL: https://en.nbpublish.com/library_read_article.php?id=71580
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Abstract:
The subject of study is some significant historical stages of the formation and development of the institution of criminal procedure deadlines. The aim is to identify the national tradition of regulating deadlines and mechanisms for speeding up criminal procedures. The object of the study was the criminal procedure norms of different periods of time of the development of legislation in Russia, domestic judicial practice and the practice of the European Court of Human Rights in the context of resolving the issue of the need for the existence of a requirement for the reasonableness of the terms of criminal proceedings in the system of traditional Russian principles. The research is based on general scientific and private scientific methods of cognition, which made it possible to analyze sources on the chosen topic and synthesize knowledge about the evolution of the terms of criminal proceedings. The method of comparative historical jurisprudence allowed us to formulate a conclusion about the adherence to the legislative tradition of separating principles-ideas and specific rules for the preliminary investigation and judicial review of criminal cases. It is concluded that the requirement of the reasonableness of the timing of criminal proceedings in the historical context was completely justified and addressed to the preliminary investigation authorities, as a rule, on immediate procedural activity. Changing the status of this rule to a principle did not significantly change law enforcement activities, but introduced an imbalance in the systematic approach to regulating criminal procedural relations. The measures to speed up the judicial review mentioned in the provisions of Article 6.1 of the CPC of the Russian Federation and the corresponding resolution of the Plenum of the Supreme Court of the Russian Federation are of a mixed nature. The directives of the President of the Court regarding measures to speed up the proceedings contradict the independence of judges and violate the principle of legality. In this regard, a proposal was made to exclude this requirement from the system of principles, followed by the addition of the general conditions of preliminary investigation and judicial proceedings.
Citations count: 1
Reference:
Sergienko S.Y., Grib V.G. —
Civil liability of tour operators and travel agents: prospects for legislative changes.
// Legal Studies.
– 2025. – ¹ 9.
– P. 91 - 106.
DOI: 10.25136/2409-7136.2025.9.75916 EDN: ZCZNXZ URL: https://en.nbpublish.com/library_read_article.php?id=75916
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Abstract:
The article addresses current issues of civil liability of tour operators and travel agents towards customers of tourism services in the modern tourism market. The basis for the study was the initiative to develop a draft law revising the allocation of civil legal liability in the implementation of tourism products, which provides for limiting the liability of tour operators for the actions of travel agents. The study explores the concept of civil legal liability, analyzes the current situation, determines the feasibility of this initiative, and its impact on consumer rights. The object of the study is comprehensive civil legal relations arising between the parties in the implementation of tourism products, including the mechanism for distributing civil legal liability between the tour operator and the travel agent towards the customer and tourists under the contract for the implementation of tourism products. The methodological basis of the research includes general scientific and special methods of cognition, including the dialectical method, analysis of regulatory legal acts, comparative legal method, systemic approach to the study of legal relations in the field of tourism, and historical-legal method in the study of the development of tourism legislation. The scientific novelty of the research lies in the comprehensive analysis of possible consequences of limiting the civil legal liability of tour operators for the actions of travel agents, as well as in the systemic analysis of the legislative initiative and identification of the legal consequences of its implementation.
According to the authors, the legislative initiative to limit the liability of tour operators under contracts for the implementation of tourism products will lead to an increase in the dominant position in the tourism market and a weakening of control over the activities of travel agents. This, in turn, will lead to negative consequences for consumers, which contradicts the state policy in the field of consumer rights protection and will entail the need for state oversight of travel agents. Based on the conducted research, the authors propose measures, including:
strengthening the regulation of relations between the tour operator and the travel agent through the establishment of imperative norms;
limiting the application of consumer legislation norms regarding provided penalties;
restricting tour operators in the direct sale of tourism products to consumers of tourism services.
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. – ¹ 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:
Abdulin R.S. —
Review of Ekaterina Alekseevskaya's Monograph 'Judicial Service Development Patterns'
// Legal Studies.
– 2018. – ¹ 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:
Mikhailov A.M. —
Doctrines of the Constitutional State and the Rule of Law: Common and Special Features
// Legal Studies.
– 2023. – ¹ 12.
– P. 15 - 35.
DOI: 10.25136/2409-7136.2023.12.39405 EDN: RHKYJS URL: https://en.nbpublish.com/library_read_article.php?id=39405
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Abstract:
The subject of the research of the scientific article is a comparative legal analysis of two leading constitutional legal doctrines in the Western tradition of law - the concepts of the constitutional state and the rule of law. The article defines the affiliation of the studied doctrines to the Western tradition of law, reveals the necessary prerequisites for the implementation of the corresponding political and legal ideals.
Particular attention is paid to the contrasting comparison of the doctrines of the constitutional state and the rule of law. The author sees the most significant differences between the doctrines of the constitutional state and the rule of law in their belonging to the political or legal sphere, the object of restriction, attitude to the judiciary and judicial procedure, connection with the philosophy of law, the form of expression of law and domestic or international legal orientation.
The scientific novelty of the work rests in the fact that the author has undertaken a contrasting comparative legal study of the doctrines of the constitutional state and the rule of law. The article substantiates that the doctrine of the constitutional state belongs to the ideology of the civil law, while the doctrine of the rule of law is the leading constitutional doctrine in the states of common (Anglo-American) law.
In contrast to the continental concept of the constitutional state, the doctrine of the rule of law is organically linked to the specific experience of the political and legal development of England, aimed at establishing a universal, defined, based on a common law order, the limitation of the law, the primary basis of which is the case law of the courts, the current executive power, is considered not only as domestic, but also international legal the concept, and pays special attention to the observance of the procedural form, with which it associates the achievement of the goals of the rule of law.
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. – ¹ 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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Abstract:
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:
Lazota L.A. —
General image of the structure of the trade law sources in the BRICS states.
// Legal Studies.
– 2013. – ¹ 10.
– P. 1 - 11.
DOI: 10.7256/2305-9699.2013.10.7400 URL: https://en.nbpublish.com/library_read_article.php?id=7400
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Abstract:
Comparative legal studies in the sphere of trade law of the BRICS states is an important instrument allowing to form a systematic image of the legal systems of these states. This is not a simple issue, since the states within the group represent three legal families - the Roman - German (Russia, Brazil), common law (the Republic of South Africa, India), and socialist (China). The comparative legal studies allow to apply legal instruments in the sphere of trade law in order to evaluate scientific and practical issues. The comparative method is often used in the trade law, fore example, when the international system and a domestic legal systems are compared in order to harmonize material legal norms, regulating trade turnover, and to gain an image of international legal entreprenerial customs and general principles of trade law. Additionally, the comparative legal studies allow to popularize legal knowledge and internalize it by the legal subjects of the BRICS states.
Citations count: 1
Reference:
Danilovskaia A. —
Criminal law policy in the field of fair competition protection and competition policy: correlation and problems of interdependence
// Legal Studies.
– 2023. – ¹ 9.
– P. 1 - 17.
DOI: 10.25136/2409-7136.2023.9.43993 EDN: VMQZQA URL: https://en.nbpublish.com/library_read_article.php?id=43993
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Abstract:
The subject of the study is the criminal law policy in the field of fair competition protection and competition policy, certain aspects of their correlation and problems of implementation, including the state of legislation and law enforcement. The purpose of the work is to identify the problems of interdependence of regulatory, protective, including repressive directions of state policy in the field of competition protection and to identify ways to solve them.
The research methodology is based on general scientific and private scientific methods of cognition - system analysis, logical, comparative, formal dogmatic, historical and legal methods, statistical methods, questionnaires, legal forecasting.
The work resulted in conclusions on the interdependence of competition and criminal law policy in the field of competition protection, proposals for improving the diversified mechanism for countering encroachments on fair competition.
Scope of application of the results: legislative, scientific, educational activities.
The novelty of the study is: 1) in the features of the conducted analysis of the statistics of anticompetitive violations, which is based on the author's study of sentences imposed in relation to crimes whose compositions have signs of violations of antimonopoly legislation; 2) in establishing the preventive and suppressive significance of the Federal Law "On Protection of Competition" in relation to anticompetitive crime, as an element of competition policy relevant to criminal law 3) in proposals to strengthen the preventive significance of a special law, improve the norms of criminal legislation, as well as the mechanism of interaction between antimonopoly and law enforcement agencies.
The conclusions are that the criminal law policy in the field of competition protection depends on the directions of competition policy. The solution of the problems of interdependence should be aimed at strengthening the preventive meaning of a special law, clarifying the terms used to determine the grounds of criminal liability, criteria for differentiation of responsibility, as well as at eliminating gaps in the necessary criminal law repression, normative consolidation of the interaction of antimonopoly and law enforcement agencies.
Citations count: 1
Reference:
Eseva E.Y. —
Russia and international law: collisions and perspectives
// Legal Studies.
– 2015. – ¹ 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:
Zolotova O.I. —
Facilitated civil legal proceedings in Russia in the late 19th century
// Legal Studies.
– 2016. – ¹ 7.
– P. 21 - 28.
DOI: 10.7256/2409-7136.2016.7.18334 URL: https://en.nbpublish.com/library_read_article.php?id=18334
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Abstract:
The research object includes social relations emerging in the process of application of facilitated civil legal proceedings in Russia in the late 19th century. The author considers the process of civil legal proceedings optimization, which had been carried out during the mentioned period, and reveals the shortcomings of the reform. The research subject is legal regulation of the facilitated procedure of civil cases consideration in Russia in the late 19th century. Special attention is paid to the judicial practice of application of this procedure, the information about which is contained in the archive materials. The research methodology is based on the system, historical and legal, dialectical, formal-logical methods and the complex approach. The author comes to the following conclusions. Firstly, the attempt to introduce facilitated legal proceedings in Russia in the late 19th century was unsuccessful. Secondly, the legislator had made two key mistakes when establishing the new procedure: the attempt to preserve the general principles of civil proceedings typical for the general order, and to entrust a claimant with the application of facilitated proceedings allowing him a free hand in deciding on the procedure of consideration of the case. Thirdly, the author offers two ways to solve the problem of establishing an effective mechanism of civil legal proceedings optimization: firstly, to establish an imperative list of cases, subject to a facilitated procedure; secondly, to provide for an instrument of economic incentive of facilitated civil proceeding application via establishing a complex system of court costs distribution.
Citations count: 1
Reference:
Davydova M.L. —
Legal norm, regulatory direction, and statutory exclusion are multiordinal categories
// Legal Studies.
– 2016. – ¹ 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:
Nasonov S. . —
The European models of proceeding in jury trials: jury trial in Austria (comparative legal study)
// Legal Studies.
– 2016. – ¹ 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:
Sagdeeva L.V. —
Free use as a limitation of exclusive rights
// Legal Studies.
– 2017. – ¹ 9.
– P. 1 - 13.
DOI: 10.25136/2409-7136.2017.9.23950 URL: https://en.nbpublish.com/library_read_article.php?id=23950
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Abstract:
The idea of limitation immanently exists within law as one of social regulators of relations within society. The very fact that people should coexist, presupposes the necessity to take into account mutual interests, therefore dialectical categories of freedom and necessity and the related manifestations of freedom and limitations in law were studied by philosophers and legal theorists. The research subject of the present article is free use as an example of the institution of limitations of subjective civil rights with respect to exclusive right. The author considers the current legislation of the Russian Federation and foreign countries, legal positions of Russian courts and courts of foreign jurisdictions. The author considers the scholars’ positions on the issues of limitations of rights and title encumbrance. The research methodology is determined by the specificity of the research subject. It includes the set of general scientific research methods (analysis, synthesis, comparison). The author concludes that an exclusive right is always seen as limitless, and any limitations of right and title encumbrances (free use, exhaustion, compulsory license, prior user right and right of use after patent expiration) should be proved and can’t be interpreted broadly. Free use understanding in the legislation of the countries of Continental Europe differs from understanding in the countries of common law containing the “fair dealing” and “fair use” doctrines. However, the “fair dealing” doctrine, acting in Great Britain, Australia and Canada, presupposes the formalized list of actions, which are classified as faithful (free) use of objects of exclusive rights without author’s (or another rightholder’s) permission. To certain extent, it is akin to free use understanding within the Civil Code of the Russian Federation and legislation of other countries of Continental Europe. Besides, there’s a similarity of free use within the intellectual property institution with public easement as a limitation of property right. In this context, free use is considered by the author as a limitation of right rather than title encumbrance.
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 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' (Ð 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:
Bronnikov A.M. —
Security of Obligations Applicable During Organisation and Conduction of Property
// Legal Studies.
– 2019. – ¹ 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:
Shakhbazyan S.V. —
Genesis of the legislative definition of crime and category of crimes in accordance with the Russian criminal law
// Legal Studies.
– 2020. – ¹ 5.
– P. 35 - 62.
DOI: 10.25136/2409-7136.2020.5.28845 URL: https://en.nbpublish.com/library_read_article.php?id=28845
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Abstract:
The subject of this research is the process of state legal regulation of evolution of the definition of crime and category of crimes within the Russian criminal law. Special attention is given to the analysis of normative sources, which allows determining the key stages of development of the doctrine on crime and categorization of crimes. The author substantiates the opinion that normative documents of the Soviet period regulated the provisions regarding crime and categorization of crimes to the fullest extent, which laid the groundwork for the development of current Criminal Code of the Russian Federation. The conducted analysis of sources allowed concluding that the criminal legal policy in definition of crime and category of crimes, implemented by a legislator at various stages of social relations, is characterized by priority vectors in criminal policy of the state and caused by objective needs of the society. The complicated by their nature criminal-legal relations are constantly changing, which justifies the need for improvement of criminal legislation. The author comes to the conclusion that formalization and further development of the doctrine on crime and categorization of crimes retains its relevance in light of reform in criminal legislation.
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. – ¹ 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:
Sidorenko E.L., Khalizeva E.A. —
The system of offences related to illicit circulation of digital securities in Russia
// Legal Studies.
– 2021. – ¹ 8.
– P. 38 - 50.
DOI: 10.25136/2409-7136.2021.8.36234 URL: https://en.nbpublish.com/library_read_article.php?id=36234
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Abstract:
This article is dedicated to the analysis of the system of offences related to the illicit circulation of digital securities in the Russian Federation. Special attention is given to the peculiarities of the mechanism of constructing the system of offences in the sphere of digital economy. The article analyzes the basic FATF acts pertinent to digital assets; examines the alarm signals in using such assets to launder proceeds acquired by illegal means or used to finance terrorism. The author reviews recommendations on application of risk-based approach in the process of creating due legal regulation of digital assets in the FATF member-states (including Russia). As a research task, the article aims to determine which acts associated with the illicit circulation of digital securities are the subjected to criminalization, as well as the composition of these offences considering the technological aspect of the mixed (economic and technological) nature of such assets. The corresponding draft federal laws “On the Amendments to the Criminal Code of the Russian Federation” and “On the Amendments to the Code of the Russian Federation on Administrative Offenses”, developed by the Ministry of Finances of the Russian Federation, comprise the legislative normative framework for this research. The conclusion is made on the reception (accounting) of recommendations for further development of such regulation in the Russian Federation.
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. – ¹ 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. —
Dual citizenship in the context of the interaction of international and national public law
// Legal Studies.
– 2022. – ¹ 5.
– P. 61 - 75.
DOI: 10.25136/2409-7136.2022.5.38115 URL: https://en.nbpublish.com/library_read_article.php?id=38115
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Abstract:
The subject of the study is international legal conventions and agreements concluded in the XX-XXI centuries on issues of dual citizenship. The methodological basis of the research consists of the following methods of cognition: system legal analysis, comparative legal and formal legal analysis. The purpose of the work is to compare international legal norms that consolidate the legal status of persons with dual citizenship. The article examines the issues of military duty and tax payment by bipatrides, as well as the constitutional and legal regulation of legal relations related to citizenship, analyzes the institution of dual citizenship in the context of the protection of state sovereignty. The author considers bilateral international legal agreements concluded on issues of dual citizenship. The author concludes that the adopted international acts are mainly aimed at reducing the occurrence of dual citizenship, which indicates the unwillingness of countries to openly recognize this legal institution. The scientific novelty of the study lies in the fact that the author proposes the inclusion in international legal acts on the avoidance of double taxation of additional criteria for determining the status of tax residence of bipatrids. In order to develop international cooperation with the Republic of Belarus, the author proposes the adoption of a single Union normative legal act in the field of citizenship, which enshrines the rights and obligations of citizens of the Union State and establishes that citizens of the Union State are not persons with dual citizenship.
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. – ¹ 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:
Kabanov P.A. —
Public control in the sphere of fighting corruption as a scientific legal category and its contents.
// Legal Studies.
– 2014. – ¹ 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:
Ostroushko A.V. —
Legal regulation of information processes within the framework of preventive SMART monitoring
// Legal Studies.
– 2024. – ¹ 4.
– P. 109 - 123.
DOI: 10.25136/2409-7136.2024.4.70573 EDN: XIXRFS URL: https://en.nbpublish.com/library_read_article.php?id=70573
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Abstract:
The purpose of this study is to analyze the legal problems that arise during implementation of preventive SMART monitoring in the financial and budgetary sphere, identify conflicts and develop recommendations on the correct application of legal norms during preventive smart control. We will not consider the general requirements for state information systems and procedures for collecting and processing information established by financial legislation, legislation of the Russian Federation on information, information technology and information protection, legislation on security, legislation of the Russian Federation on state and other legally protected secrets. The study will focus on aspects of regulating the procedures for collecting and processing information used directly during the preventive SMART control. The subject of the study is both the current legal norms and legislative initiatives on amendments to the Budget Code of the Russian Federation, as well as the information procedures themselves that exist during SMART monitoring. To conduct the research, a methodology was used, including an analytical review of the regulatory legal framework, draft regulatory legal acts and scientific literature on the subject of research, generalization and systematization of data, and the formation of proposals to resolve the identified problems. The main conclusions of the conducted research are: basic information relations within the framework of the implementation of preventive SMART control procedures in the financial and budgetary sphere are currently regulated by legislation and do not need further improvement; legislative work is required to improve the legal mechanism governing information processes using artificial intelligence, big data processing, and the introduction of intelligent agents; all innovations are proposed to be implemented only after a comprehensive assessment of their regulatory impact; additional regulatory consolidation is required by the mechanism of openness of all elements and procedures related to preventive SMART monitoring.
Citations count: 1
Reference:
Rybka O.S., Lyapustina N.A. —
Problems of legal regulation of MTPL insurance in the Russian Federation
// Legal Studies.
– 2024. – ¹ 6.
– P. 15 - 29.
DOI: 10.25136/2409-7136.2024.6.70997 EDN: KUSOPD URL: https://en.nbpublish.com/library_read_article.php?id=70997
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Abstract:
The subject of this study is the legal norms governing CTP in the Russian Federation, as well as the interpretation of these norms and judicial practice of their application. In the course of the work, the authors revealed the nature of insurance relations within the framework of auto insurance, and also identified many problems that currently exist in the field of CTP, namely: controversial regulation within the framework of penalties for insurance organizations and substitution of legislative power by the Supreme Court of the Russian Federation; problems of ignoring by courts and financial commissioners abuse of applicants, including failure to provide properly certified documents; problems related to the introduction of such a form of compensation as restorative repairs; problems related to penalties in excess of the limit, as well as the topic of fraud in the insurance sector. Within the framework of this scientific research, the authors used such methods of scientific cognition as: universal dialectical, logical, formal legal and hermeneutic. A special contribution of the authors of the research topic is the designation of problems of legal regulation and law enforcement in the field of CTP, which previously had not been paid attention to in the scientific community, while the authors relied on both judicial practice and personal professional experience, as well as scientific literature. In the course of the work, the authors concluded that the legal regulation in the field of CTP is imperfect, as well as that some problems can be corrected by making amendments to the current legislation. But at the same time, the authors emphasized that in the pursuit of perfection in one of the issues, including in the framework of preventing fraudulent actions, it is not necessary to ignore the rights and freedoms of citizens who may be affected.
Citations count: 1
Reference:
Kireeva A.V., Zolotareva A.B. —
Legal Models of State-Private Interaction in the Educational Sphere
// Legal Studies.
– 2016. – ¹ 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:
Kartsevskaya O.A. —
Comparative legal analysis of the concepts of "judicial composition" and "composition of the court" in the organization of Russian justice
// Legal Studies.
– 2024. – ¹ 8.
– P. 24 - 39.
DOI: 10.25136/2409-7136.2024.8.71157 EDN: RQDBHN URL: https://en.nbpublish.com/library_read_article.php?id=71157
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Abstract:
The object of this study is a set of legal relations arising in the organization of judicial structures and court structures based on the principles of singleness and collegiality. The subject of this study is the definition of the concepts of "judicial composition" and "composition of the court". The conducted research contributes in the future to the development of a system of theoretical ideas about the principles of collegiality and singleness in the organization of Russian justice, about the criteria for their implementation and the systemic links between these principles and other principles, as well as the development on the basis of proposals designed to correct the relevant provisions of the current legislation of the Russian Federation. The research method is comparative legal analysis, which allows to study the subject both from the standpoint of analytics and comparative studies. The result of the work are the author's definitions of "judicial composition" and "composition of the court". The scope of the results is the development of public law doctrine and current legislation governing the organization of justice in the Russian Federation. The scientific novelty of the research consists in enriching the conceptual apparatus that defines the elements of the justice system, as well as in suggesting a possible direction for reforming the current legislation of the Russian Federation regulating the organization of justice. The conclusion is that the proposed differentiation of concepts is designed to achieve both doctrinal uniformity and, in the legislative sphere, to help eliminate conflicts through unification. The introduction of these definitions into scientific circulation in the future may lead to changes in the relevant procedural codes.
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. – ¹ 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:
Agakishiev E. —
Local Referendum on Financial Issues in the Russian Federation and Foreign States
// Legal Studies.
– 2019. – ¹ 2.
– P. 10 - 18.
DOI: 10.25136/2409-7136.2019.2.28848 URL: https://en.nbpublish.com/library_read_article.php?id=28848
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Abstract:
In his article Agakishiev analyzes legal issues that arise in the process of carrying out a local referendum on financial and economic bases of a municipal unit. The author examines peculiarities of carrying out such a referendum that covers composition of local budget, use of municipal property and problems which resolution implies additional withdrawal from local budget. Agakishiev gives results of his analysis of German, Switzerland and USA legal acts on the matter. The methodological basis of the research includes a set of general and special research methods: dialetical, logical, systemic, comparative law, historical, formal law and other methods used both collectively and individually. A lot of authors such as A. Avtonomov, V. Komarov, A. Kostyukov, L. Nundenko, V. Pylin, D. Ustinov, A. Sergeev, E. Shugrin and Agakishiev himself have studied the institution of local referendum. The scientific novelty of the research is caused by the fact that the author discovers legal issues that may arise in the process of conduction of local referendums on financial issues. The results of the research prove that there is very little opportunity to carry out a local financial referendum in Russia. Based on the experience of the foreign states, the authro of the article makes suggestions on how to improve the legal regulation and increase opportunity for citizens to participate in financial issues.
Citations count: 1
Reference:
Makarenko N.N. —
Judicial Reconcilation as Alternative Dispute Resolution
// Legal Studies.
– 2019. – ¹ 9.
– P. 1 - 9.
DOI: 10.25136/2409-7136.2019.9.29975 URL: https://en.nbpublish.com/library_read_article.php?id=29975
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Abstract:
The article is devoted to judicial reconcilation as a new instutition of judicial law in Russia. Makarenko analyzes this procedure in comparison to mediation procedure widely practiced in Russia. The researcher examines functions of the court and parties participating in this procedure and describes peculiarities of the judicial reconcilation versus mediation procedure based on the use of formal law and comparative law methods. As a result of the research, Makarenko comes to the conclusion that the use of judicial reconcilation will allow Russia's legislation system to resolve disputes more effectively because this procedure allows to overcome all the drawbacks of the mediation procedure that has not been widely used in arbitration or civil practice. Mararenko also proves that all other alternative dispute resolutions have proved to be inefficient and so has the legislator's attempt to eliminate drawbacks of the dispute resolution procedure by the settlement agreement.
Citations count: 1
Reference:
Belikova K.M. —
Study of the Impact of the created in the conditions of network economy digital platforms (marketplaces) upon the consumer markets and competition law
// Legal Studies.
– 2021. – ¹ 6.
– P. 1 - 19.
DOI: 10.25136/2409-7136.2021.6.35784 URL: https://en.nbpublish.com/library_read_article.php?id=35784
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Abstract:
This article examines the impact of digital platforms (marketplaces) created in the conditions of network economy in its new “center–periphery” configuration upon the consumer markets and provisions of competition law applicable to digital markets, using the experience of foreign countries (Germany, Asia, Latin America, etc.) and integration associations (the European Union), including from the perspective of new law enforcement (judicial) practice, based on the fact that its knowledge allows successful resolution of the essential problems of legal regulation in the Russian Federation. Attention is given to such aspects of the activity of digital platforms (Amazon, Apple, Facebook, Google etc.), as the dependence of their market influence on the network effects associated with utilization of the user data, supported by market practices, such as vertical integration and amalgamation of companies that are capable of reducing market competition. Assessment is given to the degree of readiness of the countries and their associations to operate in the conditions of digital platforms. The relevance, theoretical and practical importance of this research are substantiated by the emergence of new competitive practices (digital platforms) that can influence the competition. The author concludes that due to the “network effect”, digital platforms have an inexhaustible range of capabilities for acquisition of the dominant position on the market and its abuse. These include the formation of consumer groups of targeted advertising and sales of their services; as well as setting personalized prices based on determination of the readiness and limit of individual payment; and usage of data on the products of vendors on their platform to score an advantage in selling their products, etc.
Citations count: 1
Reference:
Rundkvist A.N. —
Correlation between the principle of justice and legal axioms
// Legal Studies.
– 2020. – ¹ 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:
Purge A.R. —
Cryopreservation of embryos: on the question of the concept
// Legal Studies.
– 2022. – ¹ 9.
– P. 1 - 9.
DOI: 10.25136/2409-7136.2022.9.38707 URL: https://en.nbpublish.com/library_read_article.php?id=38707
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The scientific novelty of this study consists in conducting an in-depth comparative legal analysis of the features of the legislative regulation of the essence of the embryo cryopreservation procedure as one of the methods of assisted reproductive technology (using the example of the Republic of Tajikistan and the Russian Federation), as well as formulating the author's own definition of the legal relationship under study.
The main methods of this scientific research were the method of comparative analysis (also known as the comparative legal method), as well as the formal legal method. In addition, the methods of scientific cognition of objective legal reality used by the author also include the logical method, system-structural analysis, and the method of legal modeling.
The object of this scientific research is the concept and essence of the embryo cryopreservation procedure in accordance with the current legislation of Russia and the Republic of Tajikistan. In turn, the subject of this study was the norms of Russian and Tajik legislation defining the concept and procedure for cryopreservation of embryos, relevant materials of legal practice (statistical data and data from medical websites); scientific works of domestic scientists devoted to the development of the chosen topic.
As the main result of this study, the author has developed a proposal on the possible prospective consolidation of the legal definition of the concept of "cryopreservation of embryos" in the provisions of the current legislation of Russia and the Republic of Tajikistan.
Citations count: 1
Reference:
Kodan S.V. —
Fundamentals of the Legislation of the Union SSR and the Union Republics in the Centralization of the Legislative Space of the USSR (the Second Half of the 1950s - 1970s)
// Legal Studies.
– 2023. – ¹ 1.
– P. 22 - 33.
DOI: 10.25136/2409-7136.2023.1.39510 EDN: KIZVOC URL: https://en.nbpublish.com/library_read_article.php?id=39510
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The problem of centralization and formation of a single legislative space in the USSR was one of the directions of maintaining the unity of the Soviet Union state. Even during the creation and the first years of the RSFSR's existence in the first Soviet Federal Republic, this issue was among the priorities in the policy of the RCP (b) and the Soviet state, which considered the "revolutionary codification" of Soviet legalizations as the main means of forming "proletarian legality and law and order". Already the first codes of the RSFSR laid down a steady trend of using the systematization of legislation to create a single regulatory space in the conditions of the Soviet socialist federation. With the creation of the USSR in 1922, the issue of coordinating and ensuring the unity of legislative activity and legislation within the USSR was actualized due to the presence of their own legislation in the Union republics and the need to streamline approaches to legal regulation within the Union and republican legal space. In this regard, the second half of the 1950s was a period of increasing the level of legislative centralization through the use of the Fundamentals of the Legislation of the USSR and the Union Republics as an instrument of unification and the creation of single approaches to sectoral legal regulation in the USSR. The scientific novelty of the article is that the analysis of the phenomena under consideration and the main conclusions allow us to talk about a new stage in the creation of sufficiently effective mechanisms to ensure the unity of the legislative space as one of the main elements of the unity of the USSR as a federal state as a whole.
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. – ¹ 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:
Tsaliev A.M. —
Widening the scope of roles of constituent subjects of the Russian Federation in the state policy.
// Legal Studies.
– 2013. – ¹ 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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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:
Shishulina T.P. —
Judicial protection of workers' labor rights: problems of implementation
// Legal Studies.
– 2023. – ¹ 9.
– P. 108 - 126.
DOI: 10.25136/2409-7136.2023.9.40955 EDN: YFPDEV URL: https://en.nbpublish.com/library_read_article.php?id=40955
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The object of the study was the legal relations arising between the subjects of labor law regarding the protection of the labor rights of employees.
The subject of the study includes theoretical and practical foundations of judicial protection of workers' labor rights.
The author analyzes the judicial method of protecting the labor rights of employees, and also identifies problematic aspects of their practical application. In particular, the author noted that the employee, being the most vulnerable party of labor relations, needs more protection from the state. As a result, the current system of restoring balance in labor relations is mostly focused on protecting the labor rights of employees. The main conclusions of the study are:
1. Judicial practice on the protection of workers' labor rights is very extensive and diverse, but its essence basically boils down to one thing: an employer, being interested in obtaining the best labor resources at minimal financial costs, will always strive to protect the interests of his business, regardless of the requirements of the legislator.
2. The effectiveness of all methods of protecting labor rights often largely depends on the reasonable behavior of the employee until the moment of conflict with the employer.
3. Being a more vulnerable side of labor relations, an employee, when applying to the court, claims a special attitude due to the possible lack of knowledge of all the subtleties of legislative regulation of labor relations. As a consequence, if there are contradictions in the position of an employee and an employer, the court seeks to promote the former as a priority. At the same time, such a position in no way infringes on the rights of the employer.
4. One of the urgent problems of protecting the labor rights of employees in recent years is the substitution of labor relations with civil relations with the self-employed. The solution may be the introduction of relevant provisions in the Federal Law on the self-employed, the Tax Code of the Russian Federation and the Labor Code of the Russian Federation.
Citations count: 1
Reference:
Andrianova N.G. —
Digital Ruble: Features of Financial Legal Regulation
// Legal Studies.
– 2023. – ¹ 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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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:
Zurnachyan A.S. —
Development of the Armenian law in the early modern period (XV-XVIII centuries).
// Legal Studies.
– 2014. – ¹ 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:
Dzodzikov Z.U. —
Problems of realization of the constitutional right to education in Russia
// Legal Studies.
– 2023. – ¹ 10.
– P. 35 - 53.
DOI: 10.25136/2409-7136.2023.10.68760 EDN: CIUAHB URL: https://en.nbpublish.com/library_read_article.php?id=68760
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The problems of realization of the right to education guaranteed by the Constitution of the Russian Federation are characterized by interdependence, mutual influence and multiplicity. Quotas and segmentation in the higher education system are not new and are already known from the pre-revolutionary and Soviet periods of our country's history. The recent expansion of the number of categories of persons eligible for quotas for admission to universities requires participants in the education system to take measures to predict and prevent possible adverse events during and after training, as well as during the process of filling budget places according to quotas. It is noted that the post-traumatic stress disorder of combatants seriously impedes the assimilation of educational material, social interaction, mental, emotional and psychological health in general. To date, a change in the profile of the applicant and graduate is predicted (including their psychophysical qualities), in this regard, a change in the level of quality of training of professional personnel. Taking into account foreign experience in adapting the higher education system for veterans, the need for the formation of tools in the education system for socio-psychological, methodological (tutor) support and social support of veteran students is emphasized. The author comes to the conclusion that in order to solve the problems, it is necessary to implement comprehensive strategies and programs taking into account various aspects of education and thereby ensure universal access to quality education and the realization of the full constitutional right to education in the Russian Federation.
Citations count: 1
Reference:
Maslova S.V. —
Taxonomies of "sustainable development" and "green" projects as legal instruments for achieving sustainable development goals and "green legislation"
// Legal Studies.
– 2023. – ¹ 11.
– P. 98 - 107.
DOI: 10.25136/2409-7136.2023.11.69104 EDN: QHVZMI URL: https://en.nbpublish.com/library_read_article.php?id=69104
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The article is devoted to a new tool of Russian legislation and law enforcement practice – the taxonomy of "sustainable development" and "green" projects. The subject of the study is the understanding of the prerequisites for the adoption and regulatory content of the taxonomy, determining its significance for the development of legal regulation in the light of the concept of sustainable development, as well as its practical value for increasing investments in "green" and "sustainable" infrastructure, improving social and environmental indicators of the population. The relevance of the study is related to the lack of precisely the normative tools for the qualification of "sustainable development" projects, "green" and "climate" projects has long been considered one of the main barriers hindering the development of the Russian market of "sustainable" and "green" financing, as well as increasing demands for streamlining approaches to such projects.
The main research methods were general scientific methods - formal-logical, systemic and functional. Special attention is paid to the comparative legal analysis of the taxonomies of Russia, Kazakhstan and China. The Russian taxonomy has laid the regulatory foundation for the market of sustainable, including green financing in the Russian Federation, and has the potential to contribute to the expansion of its scale. And although through its adoption, the fundamental problem of ensuring sustainable development has not been solved in the legal field. Nevertheless, it introduced terminological (conceptual) certainty, reduced the asymmetry of the goals and objectives of legal regulation of investment and environmental relations, which is also an extremely important task of legal regulation. In the absence of clear goal-setting and normative definitions, new legal and economic categories are given different meanings, which negatively affects the emerging regulation of this sphere of relations. Future tasks related to the development of optimal legal structures for regulating relations arising from the preparation and implementation of projects of "sustainable" development and "green" projects will be solved more effectively, largely due to the foundations laid by the Russian taxonomy.
Citations count: 1
Reference:
Rednikova T.V. —
On the issue of the legal concept and criteria of nature-like technologies
// Legal Studies.
– 2025. – ¹ 6.
– P. 27 - 43.
DOI: 10.25136/2409-7136.2025.6.75013 EDN: LGLNSC URL: https://en.nbpublish.com/library_read_article.php?id=75013
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In the modern world, ensuring the technological sovereignty of the state becomes the goal, without which the very possibility of its existence can be questioned. One of the main strategic priorities of the state, which form the basis of its national security, is the acceleration of scientific and technological development in all directions. The priorities and prospects of this area of development of our country, which should be implemented in the next decade, include the transition to the development of nature-like technologies. The subject of this article is nature-like technologies from the point of view of considering the content of this concept currently used in the Russian Federation in various branches of science and economic activity, as well as possible criteria for classifying technology as nature-like. When writing the article, general scientific methods of analysis, synthesis, and abstraction were used, which made it possible to identify the essential characteristics of nature-like technologies that should be used in formulating the legal definition of this concept. Using methods of comparison and interpretation, concepts with similar meanings, as well as various criteria for classifying technology as nature-like, have been identified.
The study concluded that leadership in the implementation of cutting-edge technologies, including nature-like technologies, is the cornerstone of ensuring the national security of the state. The possibility of effective implementation of the goals of the Strategy of Scientific and Technological Development of the Russian Federation in terms of the development of nature-like technologies is inextricably linked with the improvement of legislation in order to ensure their development at a faster pace and effectively prevent possible risks of their use. At the same time, when developing regulatory legal acts in this area, an interdisciplinary approach should be ensured with various branches of science, as well as between different branches of law – civil, administrative, information, environmental, energy and others. When forming the legal concept of nature-like technologies, it seems necessary to include their most general essential characteristics in it. At the same time, the criterion of the need to include technologies and objects created on their basis in the natural resource turnover should be applied to all innovative technologies, regardless of whether they are nature-like or not, which should become an independent goal of scientific and technological development of mankind.
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. – ¹ 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:
Kubatko S., Mordovin P., Kushkhova B. —
Analysis of Current Issues of the Institution of Bankruptcy of Physical Entities in the Russian Federation
// Legal Studies.
– 2018. – ¹ 6.
– P. 24 - 29.
DOI: 10.25136/2409-7136.2018.6.26668 URL: https://en.nbpublish.com/library_read_article.php?id=26668
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Abstract:
The article is devoted to the research and analysis of the legislation and law enforcement practice of the institution of bankruptcy of physical entities in the Russian Federation. The subject of the research is the provisions of the Federal Law on Insolvency (Bankruptcy) regulating the aforesaid procedure in relation to physical entities. Within the framework of the research, the author defines and analyzes some problems that relate to the bankruptcy procedure of physical entities. At the present time there are both standard problems and problems arising as a result of implementation of these laws and regulations. The methods used by the authors include general research methods such as analysis, synthesis, generalisation, deduction, comparison, analogy and special research methods (comprative law and structured systems analysis). Within the framework of this research, the authors analyze five problems and in conclusion the authors offer solutions for each of them. At the end of the article the author emphasizes the need to make amendments to the current legislation about bankruptcy of physical entities. These changes are aimed, first of all, at increasing availability of the aforesaid procedure for low-income citizens who lead a marginal existence and are, in fact, bankrupts.
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. – ¹ 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:
Dzidzoev R.M. —
Questions of federal structure in the revised version of the Constitution of Russia
// Legal Studies.
– 2020. – ¹ 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:
Proniakina S. —
Denaturalization as a special ground for termination of legal ties with the state
// Legal Studies.
– 2021. – ¹ 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:
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. – ¹ 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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Abstract:
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:
Vinner E.R. —
The Concept and Types of Crimes that form Illegal Transactions with Securities
// Legal Studies.
– 2023. – ¹ 3.
– P. 40 - 50.
DOI: 10.25136/2409-7136.2023.3.40379 EDN: RELQGZ URL: https://en.nbpublish.com/library_read_article.php?id=40379
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Abstract:
The author examines in detail such aspects of the topic as crimes that constitute illegal transactions with securities (Articles 185, 1851,185.3, 185.6 of the Criminal Code of the Russian Federation). The article substantiates the position according to which market manipulation and the misuse of insider information are only partially included in the system of crimes under consideration, since they relate to polyobject elements of crime, where various social relations (independent, non-subordinate) are combined into one norm of the law on criminal liability. A comparative analysis of the securities market and the investment market is carried out. The types of illegal financial transactions that exist on the securities market and are prohibited by criminal law are considered. The concept of crimes representing illegal transactions with securities is formulated. It is noted that the peculiarity of the crimes under consideration is, firstly, their blank nature, and secondly, the subject is information about securities. The novelty of the study is based on the analysis carried out. The following conclusions are formulated: 1) illegal financial transactions existing on the securities market and prohibited by criminal law include: firstly, transactions committed during the passage of the issue, leading to its invalidity or recognition as invalid (Article 185 of the Criminal Code of the Russian Federation); secondly, transactions that undermine the transparency of the market securities, which consist in violation of the rules of disclosure of information by evading or providing deliberately incomplete or even false information (Article 1851 of the Criminal Code of the Russian Federation); thirdly, operations related to price manipulation of Article 185.3 of the Criminal Code of the Russian Federation); fourth, operations based on insider information (Article 185.6 of the Criminal Code of the Russian Federation) 2) crimes that constitute illegal transactions with securities are understood to be acts that infringe on the procedure for conducting transactions with securities regulated by the state.
Citations count: 1
Reference:
Babich I.L. —
Blood Feud in Northwestern Caucasus: History and the Present
// Legal Studies.
– 2016. – ¹ 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:
Bondarenko D.V. —
Legal nature of a factoring agreement
// Legal Studies.
– 2016. – ¹ 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:
Revenko N.I. —
Material and electronic-digital traces as an element of the forensic characteristics of frauds committed in the way "Your relative got into trouble"
// Legal Studies.
– 2024. – ¹ 8.
– P. 58 - 66.
DOI: 10.25136/2409-7136.2024.8.71604 EDN: RZJBHD URL: https://en.nbpublish.com/library_read_article.php?id=71604
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Abstract:
The subject of the study is the material and electronic-digital traces formed during the commission of fraud in the way "Your relative got into trouble". Despite the fact that the fraudster communicates with the victim by phone remotely, when committing fraud, there remains a certain set of material traces, the detection and investigation of which will allow to identify the fraudster courier and prove the event of the crime. The separation of electronic and digital traces into a separate group is associated with the use of information technology by fraudsters. During the investigation, the investigator seizes and examines such an electronic digital trace as a video recording from the victim's place of residence, from the location of the ATM used to transfer money stolen from the victim. Also, this group of traces includes information contained in the cell phones of the victim and the suspect, which confirm the latter's involvement in the crimes committed as part of a criminal group. The study was conducted using general scientific methods of cognition: analysis, synthesis, deduction, induction, analogy; empirical methods: description, comparison, as well as private scientific methods: legal, sociological, formal legal. The novelty of the study, the conclusions. The analysis of criminal cases made it possible to establish that when committing this type of fraud, there are material traces that allow identifying the fraudulent courier, as well as proving the fact of committing a crime. Depending on the method used, specific traces remain, called in criminology as electronic-digital, which include video recordings from surveillance cameras of a fraudster courier at the moment when he came to the victim for money and transferred them to the account indicated to him through an ATM. The author's position is expressed that with the participation of a suspect during the inspection of video recordings, his testimony should be recorded in the interrogation protocol, and not in the protocol of inspection of objects. A large set of traces is contained in the memory of a cell phone seized from a fraudulent courier.
Citations count: 1
Reference:
Purge A.R. —
Adjudication of disputes between parents about the abiding place of an underage child
// Legal Studies.
– 2016. – ¹ 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:
Bronnikov A.M. —
Pledge of rights of corporate members and the procedure of their implementation on public markets
// Legal Studies.
– 2017. – ¹ 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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Abstract:
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:
Gromozdina M.V. —
Legal peculiarities of division of property of spouses through judicial proceedings
// Legal Studies.
– 2017. – ¹ 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:
Erzin R.M. —
On the principle of preserving Russia’s state sovereignty at joining the Eurasian Economic Union
// Legal Studies.
– 2017. – ¹ 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:
Popova I. —
The phenomenon of the legal archetype of equivalence and its reflection in the Russian folk tales
// Legal Studies.
– 2021. – ¹ 11.
– P. 1 - 14.
DOI: 10.25136/2409-7136.2021.11.36948 URL: https://en.nbpublish.com/library_read_article.php?id=36948
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Abstract:
The object of this research is the ordinary legal consciousness in the Russian folk tales. The subject of this research is the phenomenon of legal archetype of equivalence in the Russian folk tales. The author analyzes the key approaches towards studying the legal archetype, and provides definition to this phenomenon. Analysis is conducted on the attributes and varieties of the legal archetype, legal aspects of social existence and ordinary legal consciousness reflected in the Russian folk tales. Special attention is given to the clear elements of manifestation of legal consciousness: knowledge, values, attitudes, and motives. The archetype of equivalence in the Russian folk tales is viewed through the prism of retribution, reward for service, help, and exchange. The conclusion is made on the existence of basic attributes of legal archetypes, such as generic nature, frequency, and universality. It is stated that the legal archetype of equivalence is reflected in the representations of personal or property retribution, reward for good conduct of actions, fair exchange of things, magic objects, and symbols. The article advances a thought that the legal archetype of equivalence is a universal archetype, which is reflected in not only the representations of justice, but also the norm and measure, wrongdoing, retribution, agreement, etc. This is why it has fundamental meaning for other legal archetypes.
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. – ¹ 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:
Kodan S.V. —
Creation of the Fundamental Laws of the Russian Empire by the Law Making Committee (1800 - 1820)
// Legal Studies.
– 2012. – ¹ 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:
Kulikov E.A. —
On the issue of a notion “legal liability grounds”
// Legal Studies.
– 2015. – ¹ 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:
Lykov A.Y. —
The Construction and Definition Problems Surrounding the Political and Legal Ideal
// Legal Studies.
– 2024. – ¹ 3.
– P. 1 - 21.
DOI: 10.25136/2409-7136.2024.3.69861.2 EDN: GCQSGR URL: https://en.nbpublish.com/library_read_article.php?id=69861
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The subject of this study is the concept of “political and legal ideal.” Guided by current statistical data and international research results, it is substantiated that the models of state development used in the world have turned out to be untenable. The consequence of this circumstance is the need for legal science to develop new approaches to improving social relations. A political and legal ideal can serve this purpose. Based on the study of legal doctrine and modern scientific works, the author has attempted to analyze the concept of the “political and legal ideal” and propose a possible way to construct it.
The methodological basis of the work consists of a systematic approach, analysis, synthesis, dialectical method, eclectic method, formal legal method, and the method of state-legal modeling. Statistical and sociological methods are also applied to use factual data about society.
The author’s unique contribution to the study of the topic is forming a new approach to understanding the political and legal ideal and its construction. When forming theoretical provisions that make up the content of the political and legal ideal, it is proposed to consider three groups of mandatory consistent patterns. The first and foremost group is characteristic of any state, the second is only for a group of states united by a common goal, and the third is patterns that are exclusive to a specific state. In addition, the content of the created model must reflect the immanence of contradictions in society and form a mechanism for their resolution. The approach presented by the author can serve as the basis for further improvement of the theory of the political and legal ideal, as well as contribute to the development of the most necessary effective legal solutions on the part of the state.
Citations count: 1
Reference:
Bodrov N.F., Lebedeva A.K. —
Analysis of the case law establishing circumstances of illegal distribution of generative content created using artificial intelligence
// Legal Studies.
– 2024. – ¹ 11.
– P. 1 - 25.
DOI: 10.25136/2409-7136.2024.11.72540 EDN: TLSBYY URL: https://en.nbpublish.com/library_read_article.php?id=72540
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Abstract:
The authors consider various cases from judicial and investigative practice related to the illegal distribution and use of generative content created using artificial intelligence technologies. Special attention is paid to the issues of proving the falsification of digital products created by neural networks, including voice and graphic deepfakes. The legal and technological aspects of the use of such evidence in court proceedings are analyzed. The authors also emphasize that there is no legal definition of a deepfake in the current legislation, and without this it is not possible to talk about the modernization of domestic legislation. Taking into account the pace of development of artificial intelligence technologies, it is necessary to define legally the deepfake. In the context of the rapid development of artificial intelligence technologies, it is necessary to regulate the deepfakes, taking into account the legal gaps that accompany the current level of artificial intelligence development and threats that are already real, which is confirmed by the considered judicial practice. The necessity of creating a data set for conducting experimental phonoscopic studies of phonograms with recordings cloned using neural networks of voices is substantiated. The methodological basis of the research is the universal dialectical method, general scientific (description, comparison, generalization, modeling, etc.) and private scientific methods. The novelty of the research lies in the identification and systematization of key problems related to the conduct of forensic examinations and the legal regulation of generative content. The paper presents recommendations for improving legislative norms and expert methods (using the example of forensic phonoscopic examination), including the need to create specialized databases and scientific and methodological approaches for the study of generative content. The conclusions of the article emphasize the importance of developing standards for diagnosing the use of generative artificial intelligence in the creation of digital products, as well as the need to improve the skills of experts conducting forensic examinations in relation to such objects. The obtained results can be used to form more effective mechanisms of legal response to the challenges associated with artificial intelligence technologies.
Citations count: 1
Reference:
Goncharov V.V. —
On the Relationship Between Social Control and Other Forms of Power Control (Constitutional Law Analysis)
// Legal Studies.
– 2018. – ¹ 9.
– P. 20 - 29.
DOI: 10.25136/2409-7136.2018.9.27191 URL: https://en.nbpublish.com/library_read_article.php?id=27191
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Abstract:
This article is devoted to the study of the concept of public control of power in comparison with the concepts of social control of power, civil control of power, people's control of power, state control of power (both in the part that can be considered public control of power and in the part that is the self-control of the state internal control of power). The author explores the concepts of social control of power, civil control of power, people's control of power, state control of power, and also gives his own definitions thereof. He uses the following research methods: comparative law; historical; formal logical; statistical analysis and sociological survey. The paper analyzes and compares the main features of the concept of public control of power and gives his own definition thereof. The author also notes that public control of the authorities acts as the only external independent positive form of control over the powers of state and local government bodies as well as other entities that have delegated public authorities and competences.
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. – ¹ 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:
Ermakova I.V. —
Protection of consumer rights from unfair online advertising: certain theoretical and practical aspects
// Legal Studies.
– 2021. – ¹ 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.
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