Siberian Law Herald最新文献

{"title":"The problems of distinguishing administrative offenses and crimes relevant to the high-alert regime","authors":"N. L. Romanova, A. D. Dashieva","doi":"10.26516/2071-8136.2021.4.47","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.4.47","url":null,"abstract":"The article is devoted to the current issues of regulating administrative responsibility for offenses related to the global challenge of our time: the COVID-19 pandemic. The authors investigate the problems of administrative offenses qualification. In particular, the article describes the problem of distinguishing between offenses and crimes that are similar in their objective aspect, based on possible errors of legislative regulation. The existing practice of applying the analyzed articles of legislation has been studied. Difficulties and ambiguities in the qualification of offenses have been noted. In practice, solutions to the problems of qualification are noted in distinguishing between administrative offenses as well as delimiting offenses from crimes. Distinguishing of that kind is important due to blurred borders in concepts of socially dangerous acts and offenses, based not on the interpretation of the dispositions of norms content, but on the amount of sanctions or signs of the subject. It is concluded that it is necessary to apply a systemic approach in law when securing norms that are similar in their objective aspect in related branches of law. In this regard, recommendations are given for optimizing legal regulation in this area.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"223 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":"116639994","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":"Participation of municipal council in the formation of the local administration","authors":"R. Y. Khertuev","doi":"10.26516/2071-8136.2022.2.47","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.2.47","url":null,"abstract":"The article deals with the formation of local administration with the participation of the municipal council. In the Russian Federation, a controversial practice has developed, when in some municipalities, the charters of which were not challenged in the prescribed manner in court, the representative body agrees on the appointment of certain officials of the local administration, and in other municipalities, the provisions of the charters of which were declared invalid by the court, - such agreement is prohibited. Taking into account the special significance of the range of regulated public relations, I believe that the issues of forming a local administration with the participation of a representative body must be regulated centrally - at the level of federal law, in order to ensure a uniform procedure for the formation of local administrations throughout the state. The problem of municipal positions in empowering the local administration is raised, a proposal is formulated to improve legislation. The paper proposes the introduction of municipal positions into the structure of the local administration, the replacement and termination of which would be carried out with the participation of a representative body. Such an approach would make it possible, without reforming the legislation on the municipal service, to replace the most significant positions of the municipal service in the structure of the local administration with similar municipal positions, providing for the institutions of approval for the position and expression of no confidence on the part of the representative body. Such a model would allow consolidating the positions of the local administration and the representative body in resolving the most significant issues of the municipal economy. At the same time, the appearance of municipal positions in the structure of local administration would look harmonious in those municipalities in which the head of the municipality is appointed to the post by a representative body.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"19 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":"124057463","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":"Current Issues of Taxation Regulation of State-Funded Institutions of the Penal System","authors":"O. V. Moshnenko","doi":"10.26516/2071-8136.2020.4.25","DOIUrl":"https://doi.org/10.26516/2071-8136.2020.4.25","url":null,"abstract":"The article considers the problems of taxation regulation of federal state-funded institutions belonging to the penal system that make it impossible to implement a number of fiscal advantages by the institutions of the penal system, and in some cases, the failure to fulfill tax obligations. Based on the analysis of tax law and budget legislation as well, litigation practice, expert rating, information letters of the Ministry of Finance of the Russian Federation and the Federal Tax Service, conflicting stances on the implementation of a number of statutory tax provisions regulating the procedure of tax obligation fulfillment by state-funded institutions the Penal Service towards federal taxes and taxation updates caused by a wide range of legal disputes are highlighted. The features of taxation of medical correctional institutions of the penal system are considered. Attention is drawn to the difficulties that arise when federal state-funded institutions of the penal system perform the functions of a tax agent for income tax. It is concluded that the implementation of the taxation regulation of the institutions of the penal system requires taking into account the specific features of their legal nature as the subjects of both tax law and budget legislation that implies the need to ensure consistent legal regulation of the performance of tax obligation by these subjects through the harmonization of tax and budget legislation. It is concluded that it is necessary to improve the legal norms governing the taxation of institutions included in the structure of the penal system in view of the type of correctional institution as the current taxation regulation of these institutions many questions and challenges both in the realization of their rights and in the fulfillment of tax obligations. «Transparency» of the legal status of the institutions of the penal system will increase the effectiveness of the mission implementation of the institutions and bodies of the penal system.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"151 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":"115971418","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":"Arson as a criminal act during the formation of the Russian centralized state","authors":"V. V. Chernykh","doi":"10.26516/2071-8136.2023.1.9","DOIUrl":"https://doi.org/10.26516/2071-8136.2023.1.9","url":null,"abstract":"The analysis of one of the most dangerous criminal offenses of the period of the formation of the Russian centralized state (the end of the XIII – beginning of the XVI centuries) – arson is carried out. Russian Russian legislation development slowdown in the Horde period was objective and did not contribute to the improvement of criminal law, laid down in the first legislative monuments of Ancient Russia – Russkaya Pravda and its derivatives. The formation of a Russian centralized state opens a new page in the development of domestic law. In the conditions of feudal fragmentation, a variety of legal regulation has developed, regional legal acts have appeared (Pskov, Dvinskaya and Belozersk court certificates). Centralization required the creation of uniform legal norms and laws, which was reflected in the Judicial Regulations of this period, the analysis of the provisions of which allows you to see of legal principles for cities and their absence for forests and fields. Attention is drawn to the increase in the number of arson attacks due to the social stratification and enslavement of peasants, who have chosen the form of struggle against feudal lords, the arson of their estates. Turning to the study of historical legal experience allows us to recreate a more complete and objective picture of the formation and development of Russian legislation, including such a phenomenon as arson.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"436 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":"115559840","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":"Classification of indicators of poor quality display of the plantar surface of bare feet of living persons","authors":"V. I. Balko","doi":"10.26516/2071-8136.2021.3.54","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.3.54","url":null,"abstract":"12 indicators of poor quality of papillary prints of the plantar surface of bare feet were revealed during traditional fingerprinting of living persons. Indicators are classified and arranged in chronological order as the total quantitative indicator decreases when studying 700 special fingerprint cards over two periods of time. It was concluded that the bulk of the indicators of poor quality of the plantar surface prints is associated with such indicators as prints from wet and dirty soles of the feet, repainted and smeared prints. A specific indicator only for the sole of the feet - “smeared print of the upper part of the big toe” was identified. These indicators are divided according to three more indicators for poor quality of footprints. It has been established that the quality of footprints depends on the quality of the technique and technology used to obtain them and the appropriate control by a competent person. This makes it possible to optimize measures to improve the quality of a special fingerprint card for displaying papillary prints of the plantar surface of the bare feet of living persons for comparative studies, especially when it is impossible to identify a person by the fingers and palms of the hands, as well as in connection with the use of biometric plantar terminals in the near future. Theoretical and practical recommendations for taking prints of the papillary sole of the feet are given in the development of the author’s previous works. This will affect the encoding of the image in the automatic fingerprint information system and its search characteristics, and most importantly, the final result for the prompt and objective identification of the person.","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":"114465280","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 Grounds for Consideration of Cases in the Simplified Procedure","authors":"A. Y. Staritsyn","doi":"10.26516/2071-8136.2022.1.113","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.1.113","url":null,"abstract":"The article highlights the new russian model of legal regulation of simplified proceedings in the civil process, also notes the incompleteness the reform of the civil procedure legislation (begun in 2016), which having negatively affects. In this research, the author focuses on the controversial aspects of the simplified procedure for considering individual civil cases, which based on the provisions of the legislation, on the established principles of judicial practice and the conclusions of doctrinal research. Also the author research of these materials, using by general scientific and special legal methods, including systemic, materialistic, formal legal methods and etc. A brief description of the grounds for considering civil cases in a simplified manner is given, the acceptability of currently allocated in Art. 232.2 Chapter 21.1 of the Code of Civil Procedure of the Russian Federation of categories of cases, as well as gaps in legal regulation that should be eliminated. The corresponding judicial practice is presented, the analysis of which leads to disappointing conclusions. It is noted that the study of this issue is due, among other things, to the lack of clarity in the relationship between the order, simplified and claim proceedings. In parallel, the relationship between the grounds for considering cases in a simplified procedure and legal norms regulating other aspects of the simplified procedure (making a court decision, accepting a statement of claim for consideration according to the rules of simplified proceedings) is substantiated, the integral legal regulation must comply with the essence of the requirements considered in the civil process. A legal assessment is made of the legislative identification of mandatory and dispositive grounds for considering a case in a simplified manner for compliance with the fundamental principles of civil procedure. The admissibility of limiting the principle of dispositiveness in the simplified production of the civil procedure is substantiated, which is a consequence of the desire to achieve a balance between public and private interests. Recommendations have been developed for the further improvement of civil procedural norms on simplified proceedings in terms of the list of categories of cases to be considered in accordance with the rules of Chapter 21.1 of the Code of Civil Procedure of the Russian Federation.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"40 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":"116083830","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":"Certificate immunity in criminal, civil, arbitration and administrative proceedings: a comparative analysis","authors":"A. Sharipova","doi":"10.26516/2071-8136.2021.3.77","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.3.77","url":null,"abstract":"The author compares the normative consolidation of the institution of witness immunity in four procedural branches of law: criminal procedural, civil procedural, arbitration procedural and administrative procedural. The universal essence of this institution is determined for all types of legal proceedings under consideration and the need for a single regulation is assumed. The existence of a moral and ethical basis for exemption from witnessing is substantiated. The relationship is established between the development of this institution and the development of the branch of procedural law as a whole, the influence of the institution on the legal consciousness of citizens. Comparative analysis of industry regulation reveals a number of differences that are unjustified by industry specifics. These include a different list of close persons who are subject to family-related witness immunity. The rationale is given for the expediency of expanding the circle of close persons with witness immunity due to quasi-family and quasi-kinship relations. The disadvantage of criminal procedural witness immunity is the absence among its carriers of arbitration assessors, representatives who provide legal assistance and do not have a lawyer status, Commissioners for the Rights of the Child and Commissioners for the Protection of Entrepreneurs, mediators and judicial conciliators. The author argues on the basis of comparison with other procedural branches of the need to supplement the list of holders of «official» witness immunity in criminal proceedings. The existence of norms governing relations related to exemption from witnessing is stated in sources other than procedural codes. The conclusion is made about the need for a large-scale comparison and generalization of legal information related to witness immunities in order to develop a uniform normative consolidation for all industries.","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":"125392841","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":"Guilt as One of the Grounds for the Prohibition (Suspension) Activities on the Russian Civil Law","authors":"E. M. Senotrusova, Civil","doi":"10.26516/2071-8136.2021.2.55","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.2.55","url":null,"abstract":"The article considers the essence of the category of guilt as one of the grounds for prohibiting (suspending) activities under Russian civil law. The article analyzes the shortcomings ofthe legal definition of guilt stipulated in article 401 of the civil code of the Russian Federation due to the mixing of objectivist and subjectivist concepts. Based on the analysis of the judicial practice of the application of Article 1065 of the Civil Code of the Russian Federation, a conclusion was made about the unsatisfactory state of law enforcement in establishing guilt in a person’s behavior. Monuments of Roman law are studied for the purpose of revealing the category of guilt. A brief overview of approaches to the concept of guilt in the civil legislation of a number of foreign countries and in the Model rules of European Private Law is given. The positions of the Supreme Court of Austria and the countries of the Anglo-Saxon legal family are given on this issue. The article briefly covers the integral theory developed By E. A. Kramer for the objective assessment of individuals ‘ discretion in conducting any activity that may entail adverse consequences for third parties. In connection with the special functions and purpose of the Institute of responsibility in private law and institute for the prevention of harm, the conclusion is defended that it is unacceptable to directly borrow the category of guilt from criminal law to civil law. The article substantiates the need to apply the objectivist concept of guilt in civil law as a deviation from the standard of behavior of an ordinary reasonable participant in the turnover, taking into account individual characteristics of a person. Taking into account the provisions of the current civil legislation on liability, a conclusion was made about the possibility of applying a simplified scheme of forms and types of guilt, including when deciding on the establishment of an injunction. The question of the ratio of guilt, considered from the point of view of the objectivist approach, and wrongfulness is touched upon.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"78 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":"126166262","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":"Development of the regulation of intermediate injury in the criminal legislation of some foreign countries","authors":"E. Georgievskiy, R. Kravtsov","doi":"10.26516/2071-8136.2022.2.98","DOIUrl":"https://doi.org/10.26516/2071-8136.2022.2.98","url":null,"abstract":"The paper attempts a comprehensive analysis of the most significant and well-known acts of some foreign countries containing norms of a criminal law nature relating to provisions on mediocre infliction and the institution of incitement, which is very similar in meaning. The analysis chronologically includes the period from ancient times and the early Middle Ages to modern times. The basic conclusions confirm the fact that criminal liability for mediocre infliction from a social and legal point of view was heterogeneous - from an aggravating circumstance to mitigating repression due to the “non-independence” of the role of the person involved.","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":"122123955","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":"Statute of Limitations in Labor Law (Theory and Practice of Law Enforcement)","authors":"S. Komkov","doi":"10.26516/2071-8136.2021.2.37","DOIUrl":"https://doi.org/10.26516/2071-8136.2021.2.37","url":null,"abstract":"The terms of applying to the commission on labor disputes and to the court for the resolution of individual labor disputes are analyzed and the legal nature of these terms as the statute of limitations is noted. The conclusion is justified that it is unjustified to provide in the Labor Code of the Russian Federation an exhaustive list of valid reasons for missing the terms of treatment due to the variety of life situations. It is established that one of the valid reasons for the late filing of a claim against the employer may be the fear of the employee of the occurrence of negative consequences in the service. It is argued that while the employee is working, the legal relationship for unpaid wages is of a continuing nature, and does not fall under the term for applying to the court. The conclusion is made about the validity of the establishment of a special time limit for applying to the court in cases of compensation for non-pecuniary damage to an employee by the employer.","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":"122226601","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}