Siberian Law Herald最新文献_第2页

Instruments for the protection of the interests of creditors of russian business companies. Part 1 保护俄罗斯商业公司债权人利益的文书。第1部分

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2022.2.61

A. Klimovich

引用次数: 0

Criminological Aspects of the Study of Violent Penitentiary Crimes of Women 女性监狱暴力犯罪研究的犯罪学层面

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2023.2.80

E. S. Kachurova, E. V. Rogova

{"title":"Criminological Aspects of the Study of Violent Penitentiary Crimes of Women","authors":"E. S. Kachurova, E. V. Rogova","doi":"10.26516/2071-8136.2023.2.80","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.2.80","url":null,"abstract":"The article analyzes the criminological features of violent female penitentiary crime in Russia. Some criminological issues of studying the penitentiary crime of women sentenced to deprivation of liberty are considered. The problem of preventing violence in women’s colonies is the deterioration of the special contingent, the increased number of female convicts prone to aggression, as well as the features of the system of correctional institutions, with their inherent negative criminogenic factors. When studying women’s violent crimes in places of deprivation of liberty, it is necessary to take into account the high level of their latency, the personality traits of convicted women, and the negative conditions of the penitentiary environment. Violence and increased aggression in the territories of women’s colonies is still widespread and well hidden from official registration, a phenomenon that indicates the insufficiency of the securitative system, as well as non-compliance with the law in the conditions of serving a sentence of imprisonment, were, due to objective factors, constant interpersonal conflicts among convicted women. In modern realities, the search for new measures to effectively counter the penitentiary crime of women sentenced to deprivation of liberty is a necessary condition for complying with the main tasks of the penitentiary policy of the Russian Federation - combating violations of the regime and achieving the correction of those sentenced to deprivation of liberty in the process of serving their sentences.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"606 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":"124357535","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}

引用次数: 0

On Understanding the Phenomenon of Interrogation in a Conflict-free Situation 对无冲突情况下讯问现象的理解

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2023.2.112

A. A. Shaevich

引用次数: 0

Problems of legal regulation of the stage of exciting a criminal case 刑事案件审理阶段的法律规制问题

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2021.4.116

M. Mityukova, N.A. Shishkina

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引用次数: 0

Criminalistic characteristics of female crime as the basis for the formation of the investigation methodology 犯罪主义特征作为女性犯罪侦查方法论形成的依据

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2022.4.123

N. E. Shishkina, E. V. Gorbacheva, E. V. Shishmareva

引用次数: 0

Business qualities in labor law 劳动法中的商业素质

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2021.3.27

S. Y. Filchakova

引用次数: 0

Classification of transactions in labor law 劳动法中交易的分类

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2022.2.68

T. Y. Luzyanin

{"title":"Classification of transactions in labor law","authors":"T. Y. Luzyanin","doi":"10.26516/2071-8136.2022.2.68","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.2.68","url":null,"abstract":"Transactions are considered as grounds for the emergence of rights and obligations (primarily in civil law). The problem of classification of transactions has not found a comprehensive solution in modern labor law. Modern legal science needs to analyze various classifications of transactions in labor law from theoretical and practical positions. Various classifications of transactions in labor law are analyzed on such grounds as the conditions for their commission, the need for registration, the number of expressions of will, the obligation to commit, the order of formalization of their conditions, functions in the mechanism of individual regulation, the time sequence of their commission relative to the main legal relationship. It is shown that the conditions for making labor and civil law transactions are different, since the former, unlike the latter, are legal facts that affect the content, determination and legal force of the main transaction that arose before the moment of its commission and therefore do not have a probable and accidental character for the parties. It is noted that it is possible to legislate the rules on the implementation by the employer of certain rights under registered labor transactions only after his application for registration and the necessary documents to the appropriate authority. The conclusion is made about the expediency of singling out not only auxiliary, but also basic among unilateral labor transactions. It is determined that the main difficulties of challenging the content of standard transactions consist in the need for a preliminary assessment of the legal force of the acts that approved the specified form. The conclusion is made about the need for further comprehensive research on the classification of transactions.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"72 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":"126262339","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}

引用次数: 0

The Significance of the 1979 Bern Convention in the Legal Regulation of Biodiversity Conservation in the Baikal Natural Territory 1979年《伯尔尼公约》在贝加尔湖自然领土生物多样性保护法律规制中的意义

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2022.1.119

R. Kolobov, Y. Ditsevich

{"title":"The Significance of the 1979 Bern Convention in the Legal Regulation of Biodiversity Conservation in the Baikal Natural Territory","authors":"R. Kolobov, Y. Ditsevich","doi":"10.26516/2071-8136.2022.1.119","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.1.119","url":null,"abstract":"The main provisions of the Convention on the Protection of Wild Fauna and Flora and Natural Habitats in Europe of 1979 are analyzed as having the potential to strengthen the legal protection regimes of the Baikal ecosystem and its individual components (Berne Convention) in the context of hunting regulation. The article provides information about the history of the development, participants, bodies of the Convention and the procedure for their activities, as well as a brief description of the European Charter of Hunting and Biodiversity adopted under the auspices of the Berne Convention. As part of the coverage of the content of the Berne Convention, attention is paid to the conservation of habitats of wildlife, the protection of endangered and vulnerable species. A brief description of the content of the annexes of the Convention containing lists of strictly protected species of flora and fauna, as well as prohibited methods of slaughter, trapping and other forms of extraction and exploitation of animals and plants is given. A critical look is given at the formal approach taking place in the modern period when issuing a state-issued hunting ticket and an opinion is expressed on the desirability of legally consolidating mechanisms for verifying knowledge from the field of the hunting community of applicants for its receipt. As an example of the issues considered at the meeting of the Standing Committee of the Convention, the recommendations adopted at the meeting of the Committee in 2018 on the use of top dressing as a tool for managing the number of populations of large predators and their prey are given. The expediency of implementing the provisions of the above-mentioned documents into national legislation is emphasized, while attention is focused on the possibility of consolidating the analyzed international legal norms in the Russian legal system even before their ratification by Russia.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"92 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":"126338832","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}

引用次数: 0

Victimological characteristics of modern hooliganism (based on the materials of the Siberian federal district) 现代流氓罪的受害特征(基于西伯利亚联邦区资料)

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2021.3.48

A. Repetskaya, A. Rybakova

{"title":"Victimological characteristics of modern hooliganism (based on the materials of the Siberian federal district)","authors":"A. Repetskaya, A. Rybakova","doi":"10.26516/2071-8136.2021.3.48","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.3.48","url":null,"abstract":"The article presents an analysis of the victimological aspects of hooliganism committed in the Siberian Federal District for the period from 2015-2020. Among the results of the study, there is a low level of victimization from hooliganism in the SFO, while the rate of decline in this level is higher than in the Russian Federation. The characteristic of the personality of the victim of hooliganism is given. It was revealed that a typical victim of hooliganism is a relatively young man who is not married, who is in a state of intoxication at the time of the crime. Its moral and psychological characteristics allow us to speak about such a dominant type of victimization as victimogenic deformation of the personality. Despite the fact that the vast majority of victims were not familiar with the criminal, every fourth had some kind of connection with him, the main share of which is friendly and neighborly. Among the types of contributing behavior in a situation of committing hooliganism, the imprudent behavior of the victim is distinguished, as a rule, giving a minor reason for the decision to commit a crime. The consequences of hooliganism for the victim are mainly associated with causing him moral harm, property harm was caused in every fifth case studied; physical harm is not widespread (6%). The main victimogenic factors determining victimization from hooliganism are analyzed. About the Authors","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"32 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":"122245257","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}

引用次数: 0

Legal systems of the countries of totalitarian socialism: features of legal genesis and development trends 极权社会主义国家的法律制度:法律发生的特征与发展趋势

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2022.3.3

E. Kuznetsova

{"title":"Legal systems of the countries of totalitarian socialism: features of legal genesis and development trends","authors":"E. Kuznetsova","doi":"10.26516/2071-8136.2022.3.3","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.3.3","url":null,"abstract":"The essential features of the legal systems of the countries of totalitarian socialism are analyzed, some issues of the formation of the socialist legal system in Russia are investigated, the main approaches to the typology of the legal systems of the countries of totali-tarian socialism are identified: from denial of existence at the present time to recognition as a global legal system. The characteristic features of socialist law are revealed, the close connection between legal genesis and political genesis is noted. The formation of the system of socialist law in Russia was based on a radical rejection of the legislation of the previous era; on the contrary, in some other countries of totalitarian socialism, a gradual change in the regulatory framework is noted. The leading role of ideology in the system of socialist law is characterized, which influenced the content of law, and its forms, and technical and legal features. From the point of view of content, socialist ideology gave rise to a special paradigm of relations in the “personality-state” system, which in one way or another affected all branches of law. The author also draws attention to the specifics of the sources of socialist law, the features of the legal culture of the countries of totalitarian socialism. All of the above allows us to conclude that the socialist legal system exists as an independent one. Despite the reduction in the number of countries included in this legal system after the collapse of the USSR, its preservation is noted, while in its classical form it remained only in the DPRK, other countries should be attributed to the modernized socialist legal system. The transformations concerned mainly socio-economic relations, the main political institutions did not undergo significant changes. An analysis of constitutional legislation and political practice does not indicate a desire to re-build the political and legal system along Western lines.","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":"127939814","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}

引用次数: 0