Siberian Law Herald最新文献

{"title":"Establishment of the professional duty of medical workers in the qualification of acts related to causing death or harm to the health of the patient","authors":"V. A. Demchenko","doi":"10.26516/2071-8136.2022.3.41","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.3.41","url":null,"abstract":"The system of formal (legal) sources of professional duties of medical workers related to the provision of medical care to patients (implementation of medical intervention) is investigated. The provisions of the Constitution of the Russian Federation, the norms of international law, which is the core (basic) in the field of public health protection, Federal Law № 323-FZ of 21.11.2011 “On the basics of public health protection in the Russian Federation”, other federal laws adopted in accordance with it, other regulatory legal acts of the Russian Federation (for example, organizational and administrative documents of the Ministry of Health of the Russian Federation on the approval of procedures for the provision of medical care), legislation of the subjects of the Russian Federation, as well as municipal legal acts in the field of health protection. The assessment of the possibility of using the provisions of international legal acts in the field of health protection by law enforcers in the qualification of acts of medical workers, as a result of which patients are harmed or their death occurs, is given. Special attention is paid to the federal law specified as a profile law, which establishes both the specific duties of medical workers, medical organizations, issues of organizing medical care for patients, and criteria for the quality of medical care provided by medical workers. It is concluded that along with other regulatory legal acts of the federal level, a number of regulations concerning medical workers (senior management) establishes the Code of Professional Ethics of a doctor of the Russian Federation. According to the results of the study, the system of formal (legal) sources of professional duties of medical workers should include the provisions of Federal Law № 323-FZ dated 21.11.2011 “On the basics of protecting the health of citizens in the Russian Federation”, other federal laws adopted in accordance with it, other regulatory legal acts of the federal level and the legislation of the subjects of the Russian Federation.","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":"115502283","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":"Protrusion of law as a legal phenomenon: comparative legal aspects","authors":"M. Tirskikh","doi":"10.26516/2071-8136.2020.4.19","DOIUrl":"https://doi.org/10.26516/2071-8136.2020.4.19","url":null,"abstract":"Violation of the universal requirement of harmony in law causes negative legal consequences. In the end, this leads to the emergence of obstacles in legal regulation, violations of law and order. Long-term violation of harmony in law, caused by stable factors, leads to the emergence of “protrusion of law.” “Protrusion of law” is a complex phenomenon that exists in the legal system of a particular state, associated with the negative influence of long-standing factors of disharmony, manifested in the existence of a set of legal norms (established models of law enforcement and positions of interpretation of law), which for one reason or another is not coherent to the general one, established, legal order, which causes a set of negative consequences in the end, leading to a complex violation of legal regulation. Protrusion has three main forms: normative protrusion (based on a violation of the coherence of a rule of law to other legal norms), law enforcement (sacred with the contradiction of the content of a legal norm and a law enforcement position developed in the course of applying such a norm) and hermeneutic protrusion (associated withare typical, as a rule, for special situations and legal regimes. They are manifested to the greatest extent in conditions of special administrative regimes of emergency and martial law, legal regimes of functioning of certain political regimes (in particular, an autocratic regime). Protrusions are manifested in different ways in legal systems belonging to different legal families. So, in the conditions of the Romano-Germanic legal family, the protrusion of law, as a rule, manifests itself in the normative sphere and is associated with the emergence of legal norms that are not coherent with other norms. The main form of overcoming protrusion is rule-making activity aimed at identifying and eliminating norms that lead to protrusion. In an Anglo-Saxon legal family, protrusion is less likely to occur. The presence of normative non-coherence does not lead directly to negative consequences, but is leveled by the action of the court, which, through case-law, can harmonize this norm in the context of the general legal order. At the same time, protrusions can occur in the very law enforcement practice, causing the destruction of the previously achieved harmony. In the context of other legal systems, the emergence of protrusion, as a rule, is caused by the identification of legal regulations that contradict the basic principle of the formation of such legal systems (religious, doctrinal, traditional).","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"23 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":"125147481","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":"Features of the functioning of financial pyramids using digital assets (using the example of the Finico project): criminological analysis","authors":"S. S. Grozin, Zh. V. Ostrovskikh","doi":"10.26516/2071-8136.2021.4.104","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.4.104","url":null,"abstract":"The article deals with the problem of the emergence and functioning of financial pyramids based on the use of digital assets, using the example of the «Finico» project. The main performance indicators are analyzed, as well as the reasons that influenced the success of this project, its scale and duration of existence are characterized. Particular attention is paid to the ways of organizing and carrying out illegal financial activities with signs of financial pyramids, and some measures are proposed to counter it. A short-term forecast of an increase in the number of crimes committed using information, telecommunications and digital technologies in this area is given.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"44 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":"126128896","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":"Territorial and Specialized Prosecutor's Offices of Russia and China: Similarities and Differences","authors":"A. Gavrilenko","doi":"10.26516/2071-8136.2023.2.23","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.2.23","url":null,"abstract":"The comparative analysis of the current state of the system of territorial and specialized prosecutor’s offices in the Russian Federation and the People’s Republic of China is carried out. It is noted that the model of the USSR Prosecutor’s Office is the starting point for the prosecutor’s offices of the Russian Federation and the People’s Republic of China. In this regard, attention is drawn to the presence of both significant similarities and significant differences due to the development of territorial and specialized prosecutor’s offices in the studied states, taking into account national characteristics. The comparative analysis of territorial and military, transport and other specialized prosecutor’s offices is carried out. Trends in the development of specialized prosecutor’s offices in the People’s Republic of China are noted.","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":"125900358","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":"Some Issues of Defining the Size of Illegal Logging of Forest Plantations","authors":"R. Zabavko","doi":"10.26516/2071-8136.2023.2.69","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.2.69","url":null,"abstract":"The issues of determining the size of illegal logging of forest plantations related to the use of methods, taxes and rates for calculating the cost of illegally harvested wood are considered. It is established that the legislator shows some inconsistency in adopting regulatory legal acts regulating these procedures. It was revealed that from 2014 to the present, there were three documents that established independent grounds for making the corresponding calculations. It is determined that, taking into account the rules of retroactive effect of the criminal law, all the specified normative legal acts should be taken into account in relation to acts committed before 31.12.2020, Government Decree No. 1730 of 29.12.2018 in its original version should be applied as providing the most favorable grounds for criminal prosecution.","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":"129908061","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 Term “Unfair competition” from the Position of Private and Public Legal Relations","authors":"V. Zagainov, E. V. Kuznetsov","doi":"10.26516/2071-8136.2022.1.50","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.1.50","url":null,"abstract":"The existing regulatory definition of unfair competition in Russian legislation, enshrined in the Law on Protection of Competition, in practical implementation should be interpreted taking into account the current norms of national antimonopoly legislation. The analyzed scope of competence of the Russian antimonopoly authority, represented by the current antimonopoly service, indicates that this subject of law reacts to the identified cases of unfair competition, only in the form of the implementation of state authority. The Antimonopoly Service, wedging itself into the sphere of often-legal relations, simply does not take into account the will of an economic entity that has been or may be harmed and (or) harm its business reputation. In addition, the study found that the legal theory does not fully regulate the legal significance, role and economically justified aisles of state intervention in the regulation of relations arising from the manifestation of facts of unfair competition. The conclusion is given about the prevailing public relations actually existing in the sphere under study, in the implementation of which, private law forms of dispute resolution are often the result of the emergence of public legal relations, the mandatory party of which is the antimonopoly authority representing the interests of the state. The results of the study make a conclusion that allows us to make a proposal to the current antimonopoly legislation and eliminate the existing contradiction of the concept of “unfair competition” with the actual legal relations arising, according to the facts, between business entities and state bodies, thereby leveling to identify a legal conflict between civil law relations and the implemented administrative and criminal liability provided for by Russian legislation in the area in question.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"37 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":"126952591","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 Activity of International Non-governmental Organizations as a Premise for the Development of Lake Baikal Legal Protection","authors":"R. Kolobov, Y. Ditsevich","doi":"10.26516/2071-8136.2021.2.120","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.2.120","url":null,"abstract":"The reported study aims to analyze the instruments adopted by international environmental non-governmental organizations in the sphere of protection and sustainable use of water resources. The structure of the World Water Council and its principal outcomes are reviewed. The practice of holding the World Water Forum is analyzed due to its rare coverage in Russian legal literature. Primary attention is paid to the outcomes of the Forum in the form of declarations. The activities of the International Water Resources Association are reviewed, particularly the outcomes of the 16th World Water Congress. The above mentioned international experience is extrapolated to the problems of Baikal’s legal protection. The documents adopted by the mentioned forums are proposed to be used as an inspiration and model for the legislative improvements in Baikal’s legal regime. For instance, the Ministerial Declaration “An urgent call for decisive action on water”, adopted at the 8th World Water Forum stresses the public attention on the issues of climate change and encourages the states to take into account this global problem in national water strategies. However, due to various reasons, the climate change issues are completely out of the legal discourse of Baikal protection. The Sustainability Declaration of the Forum has a significant potential for legislative and political improvements. Its 8th recommendation calls for business to value and mainstream water into its strategies, materiality and decision making process and share good practices in water management. Baikal’s business community’s commitment to the goals of sustainable development (in the form of Declaration) would be a useful politico-legal instrument within the lake’s legal regime. The outcomes of the 16th World Water Council in Cancun hosted by International Water Resources Association may also be a premise for the improvement of environmental policy and legislation in Baikal region. Among the most fruitful ideas of the forum is the acknowledgment of the pivotal role of scientific expertise in the environmental policy-making. The management system of Lake Baikal clearly needs an expert council, exercising advisory powers in respect to all the regulatory instruments concerning the ecosystem of the lake.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"26 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":"116115626","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 protecting the world natural heritage sites in Russia and abroad (example of lake Baikal and the “Plitvice lakes” national park)","authors":"R. Kolobov, E. O. Ganeva, E. Makarenko","doi":"10.26516/2071-8136.2022.2.127","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.2.127","url":null,"abstract":"The practice of protecting the World Heritage site “Plitvice Lakes” National Park is considered. The criteria for its inscription in the World Heritage List are revealed. Attention is drawn to the main problems related to the legal and organizational protection of the object. The main content of the conclusions of the decisions of the World Heritage Committee on the protection of the “Plitvice Lakes” National Park is revealed. Parallels are drawn with the main threats to the ecological state of Lake Baikal. One of the acute and underestimated threats is the preservation of authentic Baikal landscapes. Given the insufficiency of the provisions of domestic legislation to achieve these goals, the conclusion is drawn about the possibility of using the provisions of the Convention on the Protection of the World Cultural and Natural Heritage to prevent the construction of objects that clearly violate the existing landscape within the boundaries of the World Heritage site. The conclusion is drawn about the expediency of the Russian Federation’s consent to be bound by the European Landscape Convention in order to develop domestic legislation on the protection of landscapes. The practice of consolidating the management of the World Heritage site Plitvice National Park in the hands of a legal entity of the same name receives a positive assessment. It is proposed to consider the possibility of securing the sui generis regime of a specially protected natural territory for the Central Ecological Zone of the Baikal Natural Territory. Such a decision will create a single administration responsible for the management of Lake Baikal as a World Heritage Site. The next step should be the development of a World Heritage site management plan in accordance with the recommendations of IUCN and the World Heritage Committee. Such a plan may include a strategy for the development of special economic zones, issues of elimination accumulated environmental damage and regulation of tourist flows.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"22 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":"121386233","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":"Features of inheritance law in Germany at the end of the XIX century","authors":"S. V. Kolosok","doi":"10.26516/2071-8136.2023.1.3","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.1.3","url":null,"abstract":"The features of inheritance in Germany under the Civil Code of 1896 are investigated. The doctrines of inheritance and types of inheritance under German law of the late nineteenth century are analyzed. The purpose of the hereditary reform of the Civil Code in the German Empire is analyzed and the conclusion is substantiated that it consisted in overcoming the diversity of hereditary systems of the German lands. It is summarized that this goal was achieved as a result of the formation of a unified system of norms, which was based on the traditions of German law, and also sufficiently took into account the interests of the emerging bourgeoisie. As a result of the reform, hereditary fragmentation in Germany was overcome, including in connection with an integrated approach to the regulation of hereditary relations. Conclusions are presented regarding the peculiarities of the regulation of inheritance law under the German Civil Code of 1896, which were distinguished by a visible contradiction between the preservation of orders having feudal features (in the field of land ownership) and capitalist (in the field of inheritance by will). It is also revealed that the inheritance law of the late nineteenth century contributed to the strengthening of the economic position of the Prussian burghers and contributed to the formation and strengthening of large capital in the German Empire.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"33 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":"127956080","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":"Early warning as a strategic element in the international framework for disaster risk reduction: causes and needs","authors":"V. V. Lisauskaite","doi":"10.26516/2071-8136.2022.4.128","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.4.128","url":null,"abstract":"The article presents an analysis of international cooperation of States on the formation of early warning systems for disasters. The author considers terminological features, legal regulation, and also identifies problems that exist in the practice of states and the world community as a whole. The study is based on the analysis of the Sendai Framework for Disaster Risk Reduction for the period 2015-2030, as well as other international documents. At the end of the article, the final conclusions are presented.","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":"130521567","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}