Siberian Law Herald最新文献

{"title":"Alternative Ways of Resolution of Individual Labor Disputes: Experience and Development Prospects","authors":"K. S. Tishkovich","doi":"10.26516/2071-8136.2023.2.57","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.2.57","url":null,"abstract":"The article considers the experience of the formation of conciliation institutions in the field of labor relations based on the analysis of Soviet labor legislation. It is concluded that the effectiveness of alternative methods of dispute settlement in a particular State depends on political, economic, legal conditions, as well as on historical prerequisites. The article considers individual problems that hinder the effective use of mediation for the settlement of individual labor disputes, as well as the conditions under which mediation is the most preferred method to resolve labor conflict. It justifies the necessity of revising the current concept of resolving individual labor disputes through the consistent expansion of alternative ways of resolving labor-law conflicts, including by improving negotiation procedures in labor law relations, the inclusion of sectoral expertise among the methods of dispute resolution. The experience of foreign States in establishing labor mediation services to resolve individual labor disputes is positively assessed. It is recommended to strengthen the role of social partnership in the development and improvement of alternative ways of resolving labor disputes. The conclusion proposes the conditions under which the most effective use of alternative procedures in labor relations is possible, including adaptation of methods of conflict resolution to the specifics of labor relations, providing them with effective legal mechanisms, variability of the forms used, as well as the formation of a culture of peaceful dispute settlement and negotiation.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"142 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":"122498839","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":"International and supranational legal regulation conjugation: problem statement","authors":"M. Tirskikh, G. Druzhinin","doi":"10.26516/2071-8136.2023.1.118","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.1.118","url":null,"abstract":"The problem of the existence of levels of legal regulation is analyzed: intranational, supranational and international, the ratio of which is an independent scientific task. The nature of supranational regulation is analyzed. Based on the analysis of doctrinal and historical material, it is concluded that the basis of supranational regulation is the delegation of rule-making powers, as a form of realization of the sovereignty of a group of states within the framework of a confederation, community or other form of international association of states. The correlation between supranational and international legal regulation is analyzed on the example of the rule-making activity of international organizations. The purpose of supranational, domestic and international regulation in modern conditions is determined.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"17 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":"122787961","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":"Detecting lies and getting confessions on the example of service interview","authors":"A. A. Shaevich, E. Larin","doi":"10.26516/2071-8136.2021.3.69","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.3.69","url":null,"abstract":"The article clarifies the concept of in-house interview as an interview of employees or job candidates, organized by the security service of a private company, identifies the types of in-house interview, clarifies the concept of confession. The two-stage model of inquest and some indicators of lying, which are used by the authors during the in-house interview, are described. The indicators correlating with lying in the course of service interview - the latent verbal aggression, lying strategies, presence of textual bridges and lacunas, separate elements of mimic and kinetic behavior are offered. The two-step model of Reed’s inquest, known as “Reed’s Nine Steps to Getting a Confession”; the approach of domestic psychologist L. B. Filonov, the authors’ approach to organizing the process of getting a confession within a service interview are partially described. The psychological mechanisms that make it possible to obtain previously unknown information during in-house interviews, which can be used in any kind of interviews and interrogations, are considered.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"6 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":"115954224","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":"Civil Disobedience: The Concept and the Criteria for Admissibility","authors":"N. Shaveko","doi":"10.26516/2071-8136.2022.1.9","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.1.9","url":null,"abstract":"The article examines the phenomenon of civil disobedience from the standpoint of justice. The views of foreign political theorists on civil disobedience are analyzed. It is concluded that foreign authors usually identify such criteria for the admissibility of civil disobedience as extreme necessity, probability of success, proportionality, correct motive, semi-communicative nature, publicity and non-violence of civil disobedience, and the readiness to be punished for it. Further, these views are criticized. The point of view is expressed that only extreme necessity and proportionality are convincing criteria for the moral justification of civil disobedience. In turn, the correct motive and semi-communicative character are justified as signs of civil disobedience, not as criteria for its admissibility. At the same time, non-violence, publicity and readiness to accept punishment are considered only as manifestations of the semi-communicative nature of civil disobedience. Further, the views of domestic jurists are analyzed. It is shown, in particular, that the widespread opinion among them, according to which violation of the law is permissible only in cases of obvious and extreme injustice of this law, is superficial, and does not take into account, for example, the case when a minor violation of the law is the only mean contributing to the correction of minor injustices, but does not undermine the rule of law as such. In addition, it refutes the positivist thesis that violation of the law cannot be admissible. Civil disobedience is justified by the understanding of the social system as “striving for justice”. It is argued that for a social system to promote justice, it must be both firm and flexible. It is concluded that the social norm is always a compromise between abstractness and concreteness: the relative abstractness of the law is an effective way to sacrifice concreteness as such (fair or unfair) in order to ensure at least partial justice. It is indicated that it is necessary to find the optimal balance of abstractness and concreteness, on the other hand, it is also necessary to determine the consequences of non-compliance with the law that does not correspond to the optimum.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"94 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":"126237369","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 practical significanceof the definition of the element of combined contracts","authors":"A. S. Rainikov","doi":"10.26516/2071-8136.2022.4.51","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.4.51","url":null,"abstract":"The article considers practical aspects of applying the definition of the element to regulation of combined contracts and contracts which are not combined but can be fallaciously qualified as such. It is determined fallacious to qualify a named contract as a combined contract when it is complicated by rights and obligations, which are provided for another named contract but are not essential for it. It is concluded that the typical qualifying mistake is to consider as a combined contract the document which involves two or more agreements as legal relationships. In the case of the contract determining rights and obligations in regard to civil defense facilities it is shown how the identification of the element through the essential rights and obligations for any named contract helps to solve the problems of using combined contracts. It is proposed to refrain from absolutization of the concept of essential contract`s performance when distinguishing between unnamed contracts and combined contracts in so far as agreement combining the elements of various named contracts sometimes can be qualified as unnamed contract. It is found that in addition to a composition of basic elements of contract it is necessary to take into account the constancy of the composition from one contract to another, which becomes an indicator of the unique legal purpose of such contracts. It is concluded that the example of the combined contract with the unique legal purpose is a distribution agreement that has gone from contract with random set of elements to unnamed contract characterized by a stable combination of elements and the legal purpose that is unique to this contract.","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":"128223555","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":"These insights into the pension law trends peculiar to the USSR and Russian federation: analysis of the results achieved","authors":"E.S. Bondareva","doi":"10.26516/2071-8136.2021.4.71","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.4.71","url":null,"abstract":"Pension law trends peculiar to the USSR and Russian Federation, their fundamental influence upon the ultimate results of pension provision as to the citizens of the USSR and the ones of post-Soviet Russia are the concern of the present study. A brief review of Soviet pension law is provided herein, key elements of legal regulation of pension entitlement during Soviet period are analyzed along with the results achieved both in the USSR and Russian Federation as to the old-age insurance. The information about scales of pensions at the periods of time listed above – their minimum, medium and maximum values – is represented therewith; the purchasing power of Soviet and Russian pensions is compared, figures concerning coefficient of substitution of lost wage with pensions are dealt with. It is pointed out that the unified public pension system of the USSR has been a beneficial experience along with the establishment of proper social standards in the domain of pension provision, opportune getting the pension law development priorities right, approach and coherent rise in the standard of living of pensioners. The results of legislative work through the 90s of the 20-th century in the domain of pension provision in Russia are also summing up herein, correlation of reformative decisions made during the last decades and their consequences for the Russian pensioners are considered. Relying on the analysis above the following conclusions can be reached: pension provision reforming in Russia nowadays has not brought to rise in the standard of living of most pensioners. Moreover the level of pension provision in Russia has become lower than the one in the USSR. By this means it is concluded that fundamental reforming of pension provision setup in Russian Federation is extremely necessary and thereafter some ways of its improvement are suggested.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"41 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":"131500128","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 status of the consumer in the sphere of solid waste management","authors":"N. V. Bezik, E. Senotrusova","doi":"10.26516/2071-8136.2022.2.53","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.2.53","url":null,"abstract":"The concept and legal status of the consumer in the sphere of solid waste management is investigated. It is underlined that both parties of a solid waste management contract should conclude this agreement which has got features of planned contracts. The issues of harmonization of individual terms of the contract, the possibility to exempt the consumer from paying the fee under the contract in case of non-use of the premises by the consumer are considered. The legal consequences of the provision of services by a regional operator of inadequate quality and (or) with unacceptable interruptions are determined. Some proposals to improve the current legislation have been developed.","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":"132510911","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":"Reforming the National System of Law as a Response to Pilot Rulings","authors":"O. A. Golikova","doi":"10.26516/2071-8136.2021.2.116","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.2.116","url":null,"abstract":"The article deals with the problem of implementation by the Russian Federation of the provisions of the European Convention on human rights of 1950. the article Deals with systematic violations of article 3 of the Convention in the framework of the criminal Executive system. The article analyzes the judicial practice of the European court of human rights in the light of violations of this article. The practice of making pilot judgments by the Court is noted as a measure of improving the mechanism of legal protection, namely, improving the conditions of transportation of persons deprived of liberty.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"10 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":"132937537","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":"Disgorgement of profits: analysis of judicial practice","authors":"L. Mayorova","doi":"10.26516/2071-8136.2023.1.38","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.1.38","url":null,"abstract":"The rule of disgorgement of profits is set out in paragraph 2 of Article 15(2) of the Civil Code of the Russian Federation (hereinafter – Civil Code) as a general remedy. Disgorgement of profits is called this rule in common law countries. It is analyzed. The idea of equity is a basis to force a person who has violated someone’s right to transfer the unlawful profit from such a violation to the plaintiff. The idea that an offender is not allowed to benefit from unlawful or dishonest conduct is supported by judicial practice and doctrine, and is enshrined in Article 1(4) of the Civil Code. There is little practice in applying this rule. Examples include violations of intellectual property rights, other absolute rights, negative confidentiality obligations, contracts, etc. In other cases, disgorgement of profits may arise from the specifics of the violated responsibility. The practice of disgorgement of profits from violation of fiduciary duties is considered. It is established that the nature of disgorgement of profits by violating someone’s right is not certain. The law uses the term «lost profits». Therefore, this institution can be interpreted as a way to calculate losses equal to profits. The defendant may refute this and provide evidence that the plaintiff himself would not have made such a profit. Is it allowed however to take all the profits from the defendant, if the plaintiff has no damages, and the defendant’s profit is large? Should the full profit of the defendant from the violation of the plaintiff’s right belong only to the plaintiff? It is possible to limit the compensatory nature of civil liability and to highlight its preventive and punitive function in the case of «cynical» violations.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"36 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":"132809284","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":"Methodological Problems of Interconnection of Strategic Planning Documents of the Federal Level, Developed within the Framework of the Target on Sectoral and Territorial Principles (Part 1)","authors":"O. P. Lichichan, I. Arzumanov, F.S. Galenpol'skij","doi":"10.26516/2071-8136.2021.2.30","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.2.30","url":null,"abstract":"A study of methodological problems related to the relationship of strategic planning documents of the federal level, developed within the framework of the target plan on sectoral and territorial principles, was carried out. The norms of the body of regulatory legal acts of the federal level adopted within the framework of the goal in the process of strategic planning of socio-economic development of territories, including the annual message of the President of the Russian Federation to the Federal Assembly of theRussian Federation, the strategy of socio-economic development of the Russian Federation, the strategy of national security of the Russian Federation and the strategy of scientific and technological development of the Russian Federation, were considered. The specifics of the Messages of the President of the Russian Federation to the Federal Assembly of the Russian Federation as documents defining budget policy and requirements for it were revealed. The provisions of Federal Law No. 172 “On Strategic Planning” devoted to the “Strategy for the Socio-Economic Development of the Russian Federation” were analyzed. The consequences of the non-adoption of this document at the present stage have been analyzed. It is argued that methodological implications include the lack of a systematic link between strategic planning documents, the necessary statistical development of core resource indicators across the country and across regions, which affects the quality of strategic planning documents, and the effectiveness of their implementation. It is determined that spatial strategy, being an independent direction of strategic planning, should be “horizontally” consistent with strategic planning documents of an industry nature, and“vertically” with strategic spatial (territorial) planning documents formed at both the regional and municipal levels. A number of theoretical and methodological provisions have been identified and systematized, reflecting the systemic relationship of strategic planning documents adopted within the framework of the goal. It is argued that the factors influencing the formation and implementation of State policies for regional development and directly related to strategic planning include not only the characteristics of the federal structure, geopolitical, geodesic, socio-cultural factors, but also a significant difference in the levels of regional socio-economic development and territorial population.","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":"130529134","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}