Siberian Law Herald最新文献

{"title":"Review of the monograph of V. N. Shikhanov “Methodological problems of criminal law and criminology: epistemological perspective”","authors":"A. E. Smirnov","doi":"10.26516/2071-8136.2023.1.124","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.1.124","url":null,"abstract":"The relevance of the research topic, the correctness of the chosen methods and the validity of the results obtained, the correctness of the author’s position and the hypothesis chosen by him from the position of modern philosophy are analyzed. The review provides a brief analysis of the monograph from the point of view of the research optics used. The value of V. N. Shikhanov’s monograph for science and the educational process is formulated.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122717376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Restoration of corporate control in the system of protection of civil rights","authors":"N. Vasilyeva","doi":"10.26516/2071-8136.2021.3.18","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.3.18","url":null,"abstract":"The article discusses the innovation of legislation in the protection of the rights of participants in corporate legal entities. Special attention is paid to the issue of determining the place in the system of ways to protect civil rights for the restoration of corporate control, provided for by paragraph 3 of Art. 65.2 of the Civil Code. The conclusion is substantiated that the use of traditional methods of protection-oriented or obligatory legal relations, in relation to corporate relations is not always justified. It is proposed to understand the “share of participation” as a special object of civil rights, generating the effect of corporate control. The point of view is argued that the restoration of corporate control should be considered within the framework of the “restoration of the provision that existed before the offenses”, as a universal and basic way to protect the civil rights listed in Art. 12 Civil Code of the Russian Federation.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117222322","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The state of recurrent crime in the Siberian federal district","authors":"O. Filippova","doi":"10.26516/2071-8136.2023.1.72","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.1.72","url":null,"abstract":"Based on the statistical data of the Ministry of Internal Affairs of the Russian Federation and the Prosecutor General’s Office of the Russian Federation on recidivism in Russia and the Siberian Federal District (hereinafter referred to as the SFD), the main indicators of recidivism crime are determined - the level, structure of the dynamics and conclusions are drawn about the state and trends in the development of recidivism in the SFD and its individual subjects. The article shows that increased rates of recidivism are recorded in the Siberian Federal District, there are differences in the structure of recidivism from all-Russian crime. The conclusion is made about the increased rates of recidivism in the Siberian Federal District and individual subjects included in its composition, the features of the structure of recidivism in the Siberian Federal District and its differences from the all-Russian crime are highlighted. It was found that the volume of recidivism and persons who had previously committed crimes in the Siberian Federal District increased throughout the study period. The proportion of recidivist crimes in the Siberian Federal District in the total number of those investigated is the highest in the country. The largest number of recidivist crimes is registered in the Kemerovo region, Krasnoyarsk and Altai territories, Irkutsk region. The recidivism rate per 100,000 people in the Siberian Federal District is 1.5 times higher than the Russian average; in some subjects of the Siberian Federal District it exceeds the same indicator in the country to an even greater extent (the Republics of Altai, Tyva and Khakassia). It is argued that the most recidivist subjects of the Siberian Federal District are regions with a high level of general crime: the Republics of Tyva, Altai and Khakassia, where recidivism rates are 2-2.5 times higher than the national average, the level of general crime exceeds the Russian indicator by 1.9, 1, 6 and 1.5 times, respectively. In the structure of recidivism in the Siberian Federal District, a large share is occupied by crimes against life and health, as well as crimes against traffic safety and transport operation. In addition, compared with Russian indicators, the Siberian Federal District has a higher proportion of probationers among those who have committed a relapse. In the subjects of the Siberian Federal District, in which the share of crimes against property is higher than the national average, crimes against life and health occupy a relatively small share.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122549858","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal custom: theoretical and informational-legal aspects","authors":"O. A. Shabaeva","doi":"10.26516/2071-8136.2022.2.9","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.2.9","url":null,"abstract":"Separate approaches to understanding legal custom are considered. The problem of the conceptual apparatus of this sphere is noted. The concept of legal custom is defined, which is understood as a rule of conduct that has developed as a result of the actual application for a long time, recognized by the state as generally binding. There is a direct link between legal custom, society and the state. It is concluded that with the emergence and development of legislation, the legal custom has not lost its relevance and significance. It is noted that the legal custom in the system of Russian law is reflected in the areas of civil, family, commercial, land, municipal law. It is noted that the legal custom does not cease to lose importance over time, its application can be discussed both at the early stages of the development of society and in modern Russian legislation. In addition, the custom is still preserved in the regulatory legal acts of the Russian Federation and has a significant impact on the law enforcement activities of participants in civil turnover. It is concluded that in the conditions of intensive informatization there is a metamorphosis of the sphere of legal regulation, the system of sources of law. Information technologies affect the sphere of legal regulation, which includes public relations that did not exist before or do not require regulation. It is summarized that the legal custom occupies a certain niche among the sources of Russian law and is valid in law enforcement practice.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122204212","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Problems of implementing the necessary defense against administrative offenses","authors":"A. O. Shveyger","doi":"10.26516/2071-8136.2022.4.29","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.4.29","url":null,"abstract":"The article deals with the issue of necessary defense. The conclusion is made about its universal character. Its intersectoral nature is noted. The sign of the public danger of encroachment is analyzed, as a result of which the author comes to the conclusion that the legislator deliberately does not use it in relation to administrative offenses, seeking to differentiate offenses related to criminal law in this way. It is also concluded that the correct approach is applied by the legislator to exclude the sign of public danger from administrative offenses. The peculiarity of administrative offenses and the possibility of using the necessary defense to protect against them are analyzed. The conclusion is made about the possibility of applying the necessary defense against administrative torts and the need to include this institution in the number of circumstances excluding the delinquency of the act.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116819456","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"About the inadmissibility of “pilot” charges in pre-trial proceedings in a criminal case","authors":"S. Rossinsky","doi":"10.26516/2071-8136.2021.4.121","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.4.121","url":null,"abstract":"It investigated the involvement of a person as an accused as an act of criminal prosecution, containing the position of the state prosecution in a criminal case, that is, a criminal-legal claim, which is the subject of an upcoming trial. It is concluded that, proceeding from the grounds provided for by law for attracting a person as an accused, taking into account the doctrinal positions, in accordance with which the accusation is the result of a full, comprehensive and objective investigation of the circumstances of the criminal case and presupposes practically the absolute conviction of the investigator in exposing a person of committing the crime incriminated to him, the author comes to the conclusion that this act of criminal prosecution, as a general rule, should close the main phase of the preliminary investigation, be the logical conclusion of a set of procedural actions aimed at establishing the circumstances included in the subject of proof , and be carried out in anticipation of the transfer of the materials of the criminal case for further consideration to the court. The author analyzes the reasons that predetermined the widespread spread of another, as it were, two-stage practice of pre-trial bringing a person to criminal responsibility, consisting in the issuance of the initial (“pilot”) and final charges. It has been determined that the need for movement and the presentation of a “pilot” accusation is currently associated only with the following from the meaning of Ch. 13 of the Code of Criminal Procedure of the Russian Federation, an absolutely unreasonable requirement that a person be in the status of an accused as a legal condition for choosing a preventive measure against him, which was a consequence of attempts made by the Soviet legislator to borrow a number of well-proven pre-revolutionary mechanisms and procedures without their proper adaptation to new at that time realities of criminal court proceedings.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117004624","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Place of the ESPOO convention in the formation of the international legal mechanism for the protection of lake Baikal","authors":"D. Shornikov","doi":"10.26516/2071-8136.2021.3.97","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.3.97","url":null,"abstract":"The article examines the key provisions of the 1991 Convention on Environmental Impact Assessment in a Transboundary Context, the so-called Espoo Convention, as well as the developing provisions of the Protocol on Strategic Environmental Assessment (Kiev Protocol) of 2003 in terms of preventing negative anthropogenic impact on the natural environment, bearing in mind, first of all, the development of the mechanism of international legal protection of Lake Baikal. In the article is briefly characterized the experience of a number of countries in the post-Soviet space in the implementation of the provisions of these international documents into national legislation. The experience and current position of the Russian Federation on the application of the provisions and mechanisms of the Espoo Convention and the Protocol on Strategic Environmental Assessment in national practice are analyzed. The conclusion is sub-stantiated about the relevance and effectiveness of the use of mechanisms to prevent negative anthropogenic impact on the environment, enshrined in these international documents for the preservation of the unique ecosystem of the World Heritage Site - Lake Baikal.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129720811","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On the question of the admissibility of commercial renting living accommodation that are in public ownership","authors":"N. V. Bezik","doi":"10.26516/2071-8136.2022.3.28","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.3.28","url":null,"abstract":"The article analyzes current situation of provision to the citizens of living accommodations of the state and municipal housing stock of commercial use. The main reasons for the conclusion a contract of the commercial renting living accommodation of the state and municipal housing stock are identified. It is underlined that the conclusion of this agreement often leads to a violation of the right to a home, provided for by the Constitution of the Russian Federation. Some proposals to improve the current legislation have been developed.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129743681","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Criminalistic typology of women who commit crimes as the basis for the formation of methods of investigation of women’s crime","authors":"E. V. Gorbacheva, E. V. Shishmareva","doi":"10.26516/2071-8136.2021.4.110","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.4.110","url":null,"abstract":"The article analyzes the state and level of female crime in Russia. The psychological characteristics of women who commit crimes are considered. The contribution of criminologists to the process of studying the personal characteristics of female criminals and the concept of the nature of their illegal behavior is analyzed. The main approaches to the typology of women committing criminal acts are presented. The author’s classification of female criminals is given, based on their behavioral characteristics and is the basis for the development of the process of investigating women’s crime and the formation of tactics for interrogating suspected (accused) women.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130233277","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Relationships, Interactions and Contradictions of Legal Liability and the Exercise of Law","authors":"I. Kuz'min","doi":"10.26516/2071-8136.2021.2.3","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.2.3","url":null,"abstract":"The problem of correlation of legal phenomena of legal liability and realization of law is investigated from the standpoint of interconnections, interactions and contradictions between them. The sphere of «contact» of legal liability and the realization of law, their main properties at different levels of legal reality, based on the pluralism of the established scientific approaches, has been determined. It is proposed to consider legal liability as a general theoretical and sectoral model at the macro and micro levels. The specificity of the correlation of these phenomena inof the study and possible methodological approaches to its conduct, based on existing legal knowledge, as well as taking into account the real needs of legal practice. It is concluded that it is necessary to form a general theoretical, and then a sectoral methodology for studying the processes of correlation between legal liability and the realization of law for the purposes of law-making and law enforcement.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123897054","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}