Siberian Law Herald最新文献

{"title":"Legal Principles of Social Entrepreneurship. Part 2","authors":"Z. Sinkevich","doi":"10.26516/2071-8136.2022.1.62","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.1.62","url":null,"abstract":"This article is a continuation of the research presented in the previous issue of the journal. In the first part of the work, the basic principles of regulation of social and legal relations in the provision of social services are considered, the combination of private and public principles is analyzed, the principle of the balance of private and public interests in the system of provision of social services, general principles of constitutional and civil law, and social security law are analyzed. Possible variants of combination of principles based in public and private sectors in relations for the provision of social services are considered. This paper analyzes the legal principles of social entrepreneurship. Particular attention is paid to the principle of freedom of contract, which is presented through the prism of freedom to provide social services. The features of the manifestation of freedom in contracts of a public nature have been determined. Taking into account the involvement of both state institutions and entities belonging to all forms of ownership in the provision of services, an analysis of the application of the principles of competition, the professionalism of providers of social services is presented. Problems are identified and conclusions are drawn regarding the consideration of social services as a type of social entrepreneurship and the possibility of applying norms on entrepreneurial activity to these relations. The article presents a comparative characteristic of the fundamental provisions of constitutional, civil and social security norms. Taking into account the public nature of relations of social security law, it was concluded that the civil legal essence of social services is influenced by public norms in the process of recognizing the right to receive social services, the establishment of criteria or the absence of criteria for the gratuitous nature of the service received or for partial payment, the choice of a provider of social services among those who have the right to provide them.","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":"122197318","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":"Acts of the international union for conservation of nature: potential for the protection of the ecosystem of the Baikal natural territory","authors":"R. Kolobov, Y. Ditsevich","doi":"10.26516/2071-8136.2021.3.8","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.3.8","url":null,"abstract":"Within the framework of the project of building the concept of international legal protection of Lake Baikal, supported by the Russian Foundation for Basic Research, the analysis of acts and activities of the International Union for Conservation of Nature (hereinafter-IUCN; organization), promising for strength-World Heritage site “Lake Baikal”. The documents developed in the IUCN system on climate change (the manual “Adaptation to Climate Change”) are analyzed. Some of the conclusions of this document are extrapolated to the problems of protecting the Baikal ecosystem.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"82 2 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":"126067443","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":"Criminalistics research of the person in the pre-scientific period: origins and significance","authors":"E. Foygel","doi":"10.26516/2071-8136.2023.1.101","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.1.101","url":null,"abstract":"The article examines the historical development of the criminalistics research of the person of subjects of criminal proceedings in the process of detecting, disclosing and investigating crimes. The author found that the issues of private criminalistics theory about the scientific theory of personal are still insufficiently developed and require in-depth scientific analysis. The main directions of practical implementation of the main provisions of scientific theory are determined. It was revealed that the pre-scientific period - from ancient times to the beginning of the 19th century - is the least studied, which does not reduce its significance for identifying and analyzing the patterns of criminal and search-cognitive activity. It has been established that, despite the relative youth of the criminalistics research of the person, its origins lie in the oldest sources of law analyzed in the article - customary law, the Criminal Judicial Code of the Holy Roman Empire of the German nation “Carolina”, as well as scientific and literary works and essays of specialists - experienced judge Huang Liuhun “The Complete Book of Happiness and Prosperity”, Piotr Radkevich “The mirror of Justice” and others. The criminalistics research of the somatic, social and psychological levels of the person of the offender in the treatise of the founder of criminalistics science Hans Gross “Guide for criminalistics investigators as a system of criminalistics science” is analyzed in detail. The conclusion is made about the actual existence by the beginning of the formation of criminalistics science as a science of disparate ideas and recommendations for the research of individual personal characteristics of participants in criminal proceedings (a criminal and a witness), and the formation of historical prerequisites that make it necessary to take into account criminalistics significant properties and states of a person in the process of investigating crimes.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"365 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":"121712309","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":"Certain issues of expenditure obligations in the Russian federation: legal aspects","authors":"G. A. Khaitov","doi":"10.26516/2071-8136.2022.2.39","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.2.39","url":null,"abstract":"The definition of the concept of “budget expenditures” fixed in the Russian legislation does not allow to accurately establish its essence and important features. A deeper understanding of the budget expenditures has both theoretical and practical importance. The article treats “expenditure obligation” as one of the essential elements of the activities of government bodies related to budget expenditures, which characterizes the basis of budget expenditures. The emphasis in the study is made on the consideration of laws and other regulatory legal acts as the basis of expenditure obligations, because Budget Code of the Russian Federation does not make possible to determine what clauses a law or other regulatory legal act should provide in order to create a new expenditure obligation. The article presents the examples of such a difficulty raised by insufficient legal regulation. In particular, there are issues in adoption of laws or other regulatory acts which provide for the budget expenditures taking proper account of the delimitation of powers between the Russian Federation, the subjects of the Russian Federation and municipalities. Issues of budget expenditures aimed to fund the powers transferred from another authority are also illustrated. Based on the results of the study, the article proposes a discussion on the requirements the laws and other regulatory legal acts providing for budget expenditures should meet. The author also suggests to discuss the necessity to legalize the de facto provisions for budget expenditures in regulatory legal acts of a higher level.","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":"128024213","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":"Factors influencing the system of legal responsibility: problem formulation","authors":"I. Kuzmin","doi":"10.26516/2071-8136.2022.3.10","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.3.10","url":null,"abstract":"The problem of factorial influence on the system of legal responsibility, insufficiently explored and actual for modern jurisprudence, is studied. Based on the previous research results, the author raises the question of the need to develop a conceptual vision of the system of factors influencing the system of legal responsibility and its subsystems. The main meanings of the term “legal factor” are revealed. The author’s interpretation of the concept of “factor of law” is proposed. The disadvantages of the “traditional” approach to the differentiation of factors influencing the system of legal responsibility in the spheres of public life are indicated. In particular, it was noted that such an approach has an excessively high degree of generalization and does not provide for the possibility of the existence of complex and mixed factors (socio-political, economic-ideological and others), as well as extra-social factors (natural, technical and others). It is determined that, along with the indicated (general) factors, special factors – factors of law – have a direct impact on the system of legal responsibility. Examples of the positive and negative impact of certain factors of law on the system of legal responsibility are given using official statistics and information about the problems of lawmaking and law enforcement. Recommendations are given on the implementation of factor analysis in relation to the subsystems of legal responsibility, dichotomous series of factors to be taken into account are proposed, semantic blocks for identifying the degree of factor impact are named. In general, the methodological starting points for further knowledge of the factorial prerequisites of the system of legal responsibility are justified. The results of the research are summed up.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"132 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":"122902817","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":"Organization of the investigator’s","authors":"I. Fomina","doi":"10.26516/2071-8136.2022.3.78","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.3.78","url":null,"abstract":"The main directions of the organization of the work of the investigator are considered, which ensure the creation of the best conditions for high-quality, efficient, complete and rapid disclosure and investigation of crimes, as well as the implementation of current organizational activities with the most optimal expenditure of time, effort, and funds established, that the organizational issues of the investigator’s work and their detailed study allow not only to ensure the timely fulfillment of the tasks assigned to the preliminary investigation, but also to avoid or minimize conflicts that occur in practice during the investigation. The analysis of the main reasons for the inefficient organization of the work of investigators made it possible not only to give the necessary recommendations, but also to highlight their scientific and practical components. It was revealed that in view of the fact that the preliminary investigation is of great importance for the proper administration of justice, then the correct organization of work at the preliminary investigation allows not only to properly carry out functional and official duties, but also to comply with the time frames indicated by the current criminal procedure legislation. The conclusion is made about the relevance of an active approach in organizing the work of an investigator in order to achieve optimal conditions for his work, due to the impossibility of carrying out the tasks assigned to the investigator without successfully fulfilling his professional duties. This is especially true in the current era of digitalization of the activities of preliminary investigation bodies. The investigator must act as a universal manager of planning his time, taking into account modern conditions and the needs of society and legislation. The issues of rational planning and accounting for the effectiveness of the use of working time by the investigator were studied. Recommendations are given for its systematization and control of working time. Emphasis is placed on the need for scientific improvement of the activities of the investigator, the use of forecasting and optimization in planning, which plays an important role in the organization of competent, fast and objective proceedings in criminal cases and audit materials in general. Recommendations are given for the use of special programs for organizing time for the benefit of the investigation, taking into account modern features of the digitalization of society. The main ways and means of improving the technical work of the investigator, which occupies a large place in his activities, are recommended.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"81 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":"127776216","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 Requirements for Candidates to the Bodies of Regional Constitutional Justice","authors":"L. Y. Kravtsova","doi":"10.26516/2071-8136.2022.1.17","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.1.17","url":null,"abstract":"The abolition of charter courts is planned until January 1, 2023. The regional legislator will have to choose other bodies of constitutional control and it must choose the order in which the organs will be formed and requirements to candidates. The article discusses requirements for candidates for the position of judge are components of his status. These requirements will be components of the status of members of the regional constitutional justice. The regional legislator should take into account the experience of the requirements for candidates of charter courts. The results show that it is necessary to establish increased requirements for candidates to the bodies of constitutional justice; these are the requirements of qualifications, age, but not republican citizenship.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"11 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":"128097910","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":"Functions of law regulating the right to use firearms by police staff","authors":"I. Terenkov","doi":"10.26516/2071-8136.2022.3.64","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.3.64","url":null,"abstract":"An analysis is made of the content of the norms of criminal law on necessary defense and the provisions of the Federal Law “On Police” on the use of firearms by police officers. There are two types of functions that criminal law norms have, providing for the right to necessary defense. The first is the orienting function, which establishes the boundaries of permissible behavior. The second is that which gives lawful character to the harmful act. Revealing the purpose of the provisions of Art. 37 of the Criminal Code of the Russian Federation, the article attempts to correlate them with the norms of the branch law on the use of firearms by police officers. Citing the opinions of other scientists, the author comes to the conclusion that both norms are permissive. At the same time, the norms of the criminal law are recognized as general, and the norms regulating the basis and procedure for the use of firearms by police officers in a state of necessary defense are recognized as special. The latter only clarify the rules of necessary defense and perform a concretizing function. This function is implemented in the form of using the casual method of constructing norms. In such cases, the law describes the characteristics of the specific situations in which police officers are most likely to find themselves and defines the boundaries for the lawful use of firearms.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"46 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":"134631781","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":"Commenting on distinction of minor acts (part 2 art. 14 of the Criminal Code of the Russian Federation) and other offenses","authors":"S. Parkhomenko, D. S. Lazuk","doi":"10.26516/2071-8136.2022.4.81","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.4.81","url":null,"abstract":"This research is devoted to the issue of distinction between minor acts (p. 2 of Art. 14 of the Criminal Code of the Russian Federation) and other offenses. As an example, the author analyzes the complexity of application Art. 256 of the Criminal Code of the Russian Federation and p. 2 of Art. 8.37 of the Code of Administrative Offenses of the Russian Federation. During the research it becomes clear that population of the Russian Federation, including justice officials, does not perceive illegal fishing as a crime. In this regard, there are a lot of controversial issues considering ways of distinguishing an administrative offense from a criminally punishable act. Based on the results of the study, the author made an attempt to improve the legislation, specifically we propose to introduce the new concept of a “criminal offense” in order to bring the legislation in line with social and economic forces.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"86 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":"115661887","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 state registration of a contract and contract’s consequence","authors":"V. V. Rovniy","doi":"10.26516/2071-8136.2022.2.80","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.2.80","url":null,"abstract":"The article is dedicated to the wide circle of questions, connected with the state registration procedure foreseen for a number of contracts by the law. The registration objects’ pluralism and registrating bodies’ diversity are pointed to. The rule of p. 3 art. 433 Civil Code of the Russian Federation, a plenty of changes in the civil legislation in the connection with the registrating procedure in a contracts are comprehended. Particular attention is made to the consequences of registrating demand’s infringement for different registrating objects (obligatory and disposal contracts, contract’s consequences). Regulations of contemporary law, various it’s changings during the last years, existing mistakes and demerits are under analyzing. Author’s point of view to the comprehension and using the rule of p. 3 art. 433 CC RF and some other rules is formulated. A number of conclusions (for example, about the separate effect of the p. 3 art. 433 CC RF’s rule for contract’s participants and for third persons, about the fiction of contract’s registration for it’s participants) is made and argued. Made conclusions are scrutinizing on the examples of various contracts, in which the registrating procedure is used. They are obligatory contracts (selling immovable property and business, leasing immovable property, building, construction, business) and disposal ones (mortgage, cession, novation of a debt, transference an immovable property object in the confidential managing property contract, giving a right in the commercial concession and licence contracts). Besides the Civil Code’s regulations special legislation touching upon questions of rights and bargains’ registration is used.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"126 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":"116179013","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}