Siberian Law Herald最新文献_第3页

Research of Foreign Experience of World Heritage Protection (Using the Example of the Everglades National Park) 国外世界遗产保护经验研究(以大沼泽地国家公园为例)

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2023.2.118

Y. Ditsevich

{"title":"Research of Foreign Experience of World Heritage Protection (Using the Example of the Everglades National Park)","authors":"Y. Ditsevich","doi":"10.26516/2071-8136.2023.2.118","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.2.118","url":null,"abstract":"The article makes up for the lack of scientific attention to the practice of fulfilling international obligations for the protection of World Heritage sites abroad, an in–depth analysis of which is carried out, first of all, in the framework of considering ways to overcome the threatening state of the Baikal ecosystem, the implementation of the plans of the Mongolian government to erect a cascade of hydraulic structures on the main tributary of Lake Baikal – the transboundary Selenga River within the territory of Mongolia. Everglades National Park was chosen as the object of research. The choice of this specially protected natural area is due, among other things, to the fact that this object has twice been included in the List of World Heritage in Danger, and is in it at the time of the creation of this article, while being included in the Montreux Record. The subject of the study is the practice of legal protection of the specified world Heritage site by the mechanisms of the Convention on the Protection of the World Cultural and Natural Heritage. Based on the study of foreign scientific literature, as well as the original texts of legal documents, the main problems threatening the ecosystem of the Everglades National Park, as well as the importance of the activities of the World Heritage Committee in its preservation, are considered. Separately, the influence of internal political processes in the United States on the exclusion and re-inclusion of an object located on the territory of the state in the List of World Heritage under Threat is noted. According to the results of the study, effective economic and legal mechanisms for the protection of unique natural objects are identified, which can potentially be used in the Russian Federation to solve the problems of protecting the ecosystem of Lake Baikal (purchase of land plots by the state; inclusion of objects in the List of World Heritage under threat, etc.).","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"191 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":"115982366","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

Constitutional legal regulation and interests in the constitutional law of Mongolia: an estological research 蒙古宪法中的宪法规制与利益:一个本体学研究

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2023.1.28

A. V. Yurkovskiy

{"title":"Constitutional legal regulation and interests in the constitutional law of Mongolia: an estological research","authors":"A. V. Yurkovskiy","doi":"10.26516/2071-8136.2023.1.28","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.1.28","url":null,"abstract":"The tendencies of the development of the current constitutional law of Mongolia, the formation of the national mechanism of legal regulation and the mechanism of state power are considered. There are empirical data formed as a result of the use of the latest author’s methodology and research technology (estological analysis of the mechanism of constitutional and legal regulation and the mechanism of state power). Empirical materials and authentic documents (sources of law, acts of interpretation of law, acts of implementation and application of law) of Mongolia are introduced into the scientific discourse. The regularities of the existence of the interests of constitutional law as a social phenomenon and the interests of constitutional and legal regulation in Mongolia, which are inextricably linked with the formation and functioning of the mechanism of state power in the relevant country, are subjected to an estological study. The estological research touches upon the forms and contents of the constitutional law of Mongolia, its legal and technical features. As a result of the conducted research, the presence of the phenomenology of the interests of constitutional and legal regulation is revealed. The hypothesis that the interests of legal regulation differ from the political interests of subjects of constitutional law is confirmed.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"112 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":"134549368","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

Social Networking as a Legal Phenomenon 社会网络作为一种法律现象

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2023.2.10

I. V. Malysheva

{"title":"Social Networking as a Legal Phenomenon","authors":"I. V. Malysheva","doi":"10.26516/2071-8136.2023.2.10","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.2.10","url":null,"abstract":"The emerging institution of legal regulation of social networking in different states appears in different ways. The comparative legal method of the studying made it possible to select two models: western (USA, Germany, France) and eastern (China). The Western model of legal regulation comes from “freedom of networked battlefield” and “freedom of speech”, the eastern one comes - from the “information security priority” and “deanonymiration of social networking”. Relations in the social networking have acquired independent features: big freedom of expression, a culture of clip thinking, “rudeness” in the relationships as the norm, as an impossible to nobility to identify the subject and the lack of responsibility. Under the studying of social networking, researchers form the conceptual provisions of “digital life” and “digital death” of personality. In Russia, the main problems of regulation social networking are the lack of legal definitions of the concepts “social networking”, “account”; industry uncertainty of public relations, which from in the social networking; a low level of safety for minors and the elderly people. It is proposed to consider social networking as public relations as an intersectoral legal institution of civil, labor, administrative and criminal law, also as procedural industries; legalize concept “social networking” and “account”; establish information security filters for minors and elderly people.","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":"131326702","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: 1

Creating a forensic examination in Russia: military regulations (1716) 在俄罗斯创建法医检查:军事条例(1716年)

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2022.2.3

E. M. Maleva

{"title":"Creating a forensic examination in Russia: military regulations (1716)","authors":"E. M. Maleva","doi":"10.26516/2071-8136.2022.2.3","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.2.3","url":null,"abstract":"One of the legal innovations of the reign of Peter the Great is the creation of forensic medicine in the form of legislative regulation of the anatomy of a dead body before burial to establish the cause of death. The final conclusion is made that this document is a monument of law. The task of a retrospective review of the complex of causes and conditions that led to the establishment of the Institute of Forensic Medicine at the beginning of the XVIII century in Russia has been solved. The method of formal legal analysis of the first Russian legislative act on forensic medical examination was used. It is concluded that this monument of law has a general cultural significance, as a result of a long tradition of the development of medicine and law in Russia. The legal norms related to the establishment of the institute of forensic medical examination in the Russian state, contained in the texts of the monuments of the law of the feudal period: The Contract (“Pravda”), were used as research materials Smolensk with Riga and the Gothic coast, the Charter of Tsar Boris Fedorovich to the Patriarchal Throne, a hundred and a number of normative legal acts of the era of Peter I, including the Military Charter. It is established that the Russian society of the beginning of the XVIII century was objectively ready to create a forensic medical examination in the form of an institute of examination and autopsy of a dead body to find out the causes of death. The conditions in which the monument of law was created were revealed. It is concluded that Peter’s reforms were in many ways ahead of their time, as a result of which a legislative act was created that reflected the advanced trends in the development of law.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"15 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":"114928485","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

To the question of the time of the end of the crime 关于犯罪结束的时间问题

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2022.4.63

M. G. Zhilkin

引用次数: 0

Definitions and Problems of Classification of Animals as Objects of Property Rights 动物作为产权客体的定义及分类问题

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2022.1.43

D. Bobrov

{"title":"Definitions and Problems of Classification of Animals as Objects of Property Rights","authors":"D. Bobrov","doi":"10.26516/2071-8136.2022.1.43","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.1.43","url":null,"abstract":"Animals are considered as objects of property rights in civil law. The necessity of legal differentiation of all animals into two categories is justified: the animal world and animals in captivity. The legislative definition of “animal world” is investigated, its unique essential features are highlighted. A study of the category “other animals” is being conducted. Starting from the analysis of doctrinal positions on this issue, the author comes to the conclusion that it is necessary to legislate the category of«animals in captivity», by which it is proposed to understand individually defined animals that are under human control and satisfy his psychoemotional, property, protective, entertainment or other needs. The introduction of this term into the legal field of Russia will allow us to distinguish a category of animals that have their own specific legal regime, different from the animal world, where the latter can be exclusively owned by the state. The essential signs of animals in captivity are revealed. The author proposes to classify all types of animals in captivity on a functional basis into the following groups: domestic; agricultural; service; intended for cultural and entertainment purposes; laboratory. The legal regime of these natural objects as objects of property rights has its own peculiarities associated with additional requirements for the maintenance and proper treatment of these animals, indicating their practical significance for civil legislation.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"51 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":"128271832","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

Constitutional law on social security: individual problems of law enforcement practice (on the example of a monthly allowance in connection with the birth and upbringing of children) 关于社会保障的宪法法律:执法实践中的个别问题(以生育和抚养子女的每月津贴为例)

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2023.1.15

E. Ivanova

引用次数: 0

Search for persons who have lost contact with close relatives: retrospective analysis and legal aspects 寻找与近亲失联的人:回顾性分析和法律方面

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2022.4.87

P. N. Koziychuk, E. V. Kuznetsov, V. N. Shapochansky

{"title":"Search for persons who have lost contact with close relatives: retrospective analysis and legal aspects","authors":"P. N. Koziychuk, E. V. Kuznetsov, V. N. Shapochansky","doi":"10.26516/2071-8136.2022.4.87","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.4.87","url":null,"abstract":"The article examines the issue related to the lack of a legal basis for the search by Russian law enforcement agencies for persons who have lost contact with close relatives. Attention is focused on the fact that there are currently no regulatory legal acts regulating the procedure for declaring the above-mentioned persons on the federal wanted list, and therefore the function of the police, which implemented it from 1993 to 2018, has become illegitimate in this part. The thesis is made that the absence of clear norms in Russian legislation regulating the procedure for searching for persons who have lost ties is a significant legal gap that has a negative impact on various public relations. At the same time, it is stated that the Russian society feels the need to search for the above-mentioned persons. Within the framework of the study, the categories “missing person” and “person who has lost family ties” were correlated. In retrospect, individual reasons are described that cause both the loss of family ties and the appeal of relatives to law enforcement agencies with statements about the search for loved ones. Statistical data in the area under consideration are studied. The latter were correlated with information about persons who were put on the wanted list as missing persons, and data on the number of operational records opened in connection with the discovery of unidentified corpses. Direct correlations between various indicators in the field of search have been revealed. The overall result of the work was to determine the methods of legal regulation of the activities of competent subjects of public relations in the field of establishing the locations of persons who have lost contact with close relatives.","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":"128912881","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 conclusion contract’s patterns (in memory of B. L. Khaskelberg) 签订合同的模式(纪念B. L. Khaskelberg)

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2023.1.44

V. V. Rovniy

{"title":"The conclusion contract’s patterns (in memory of B. L. Khaskelberg)","authors":"V. V. Rovniy","doi":"10.26516/2071-8136.2023.1.44","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.1.44","url":null,"abstract":"The article is dedicated to the comprehention of the existing conclusion contract’s patterns. A number of the Civil Code of the Russian Federation’s rules, including art. 433 and art. 434 (point 1, paragraph 2), other rules concerning the process conclusion of a contract – art. 1017 (points 2, 3), art. 1234 (points 1, 2), art. 1235 (points 1, 2) – was analysed. Questions of the necessary grounds of the conclusion a contract (offer, acceptance, passing a property), the act of registration in a contract, the contract’s form are scrutinized. A number of inferences was made, in particular: a) consensual contract and real contract are two basic conclusion contract’s patterns, they can be complicated because of additional demands from the law or participants of a contract (of registration various objects – main obligatory bargain, act of passing a property or consequence of such an act, of agreed by the participants contract’s formalization); b) contract’s form has two sides, because it can be defined by the law or by an agreement, so form influences upon the concluded contract’s quality or upon the quality the process of concluding a contract; c) the rules of the art. 433 and art. 434 (point 1, paragraph 2) are universal and concern not only obligatory contracts, but disposal ones also; d) the moment of concluding a contract is defined by the basic pattern with taking into consideration complicating this pattern demands; e) the process of concluding a contract is a factual composition with various combination of elements (stages), which are accumulated gradually or in a free style. Inferences are made with taking into consideration legal amendments, illustrated by the examples of the concrete contracts.","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":"125367469","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 Role of the Prosecutor's Office in Protecting the Labor Rights of Employees 检察机关在保护雇员劳动权利方面的作用

Siberian Law Herald Pub Date : 1900-01-01 DOI: 10.26516/2071-8136.2022.1.57

S. Komkov

{"title":"The Role of the Prosecutor's Office in Protecting the Labor Rights of Employees","authors":"S. Komkov","doi":"10.26516/2071-8136.2022.1.57","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.1.57","url":null,"abstract":"Protecting the labor rights and interests of citizens is one of the important tasks of the Russian prosecutor’s office. The subject of prosecutorial supervision over compliance with labor legislation and labor protection is implemented in three main areas, in particular, compliance with and implementation of the Constitution of the Russian Federation, federal laws and laws of the constituent entities of the Russian Federation in the field of labor, by-laws adopted by federal executive authorities and executive authorities subjects of the Russian Federation, acts of local self-government bodies, acts of regulatory bodies and their officials, as well as local regulatory legal acts adopted in commercial and non-commercial organizations, from employers - individuals who are individual entrepreneurs. Wherein the prosecutor is obliged to monitor the observance of labor rights and interests of employees by employers, established not only by regulatory legal acts adopted by state and municipal bodies, but also by acts of social partnership. The main areas of interaction between the federal labor inspectorate and the prosecutor’s office of the Russian Federation are, in particular, the fact that employees of the prosecutor’s office and state labor inspectors regularly share important information about the established violations of labor legislation, including about representatives of the employer brought to legal responsibility under Art. ... Art. 5.27 and 5.27.1 of the Code of Administrative Offenses of the Russian Federation and the fact that prosecutors are usually employed as specialists of state labor inspectors in order to closely monitor compliance with labor legislation. Prosecutors must protect not only the right of workers to timely and full payment of wages, but also other labor rights and interests of citizens.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"25 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":"125534484","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