Legal Order and Legal Values最新文献

{"title":"Problems and Prospects of Administrative Prejudice in the Criminal Law of Russia","authors":"E. V. Bezruchko, E. V. Millerov, A. A. Podoprigora","doi":"10.23947/2949-1843-2023-1-4-58-64","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-4-58-64","url":null,"abstract":"Introduction. The emergence and then increase during the current decade of the number of corpus delicti with administrative prejudice in the acting Criminal Code of the Russian Federation (hereinafter referred to as the Code, the Criminal Code of the Russian Federation) proves the good result achieved by the legislators in implementation of this legal construct of the Special part of the Code, as well as the efficiency of this tool in fulfilling the current policy of our state referring to the criminal law. Every year a number of such kind of corpus delicti in the Code is only increasing, which indicates the correctness of the policy taken by the legislators more than ten years ago on integrating it into the Code. The aim of the study is to identify the features and problems in the legislative design of the corpus delicti with the administrative prejudice in the Russian criminal law and to propose ways to optimize the corpus delicti of particularly this kind of offences.Materials and Methods. The methodological basis of the research are the provisions of the national criminal law, for which the corpus delicti with administrative prejudice are foreseen, studied both in historical and present day aspects, criminal laws of the near-abroad countries, as well as the scientific works of the researchers studying this topic. The following methodological tools have been used during the research: the general scientific, as well as some specific scientific methods, i.e., dialectical, system analysis, legalistic, comparative legal and other methods.Results. The historical and present day aspects of the administrative prejudice application in design of corpus delicti, the features of design of the corpus delicti with administrative prejudice and various variants of prejudice integrated by the legislators in the acting criminal law of the Russian Federation have been analysed. The legislative examples of the administrative prejudice application in some of the Criminal Codes of the CIS countries have been provided. The authors’ own standpoint regarding the presence of the corpus delicti with administrative prejudice in the Criminal Code of the Russian Federation has been expressed. The authors’ conclusions and suggestions on optimisation and expansion of such norms in the acting criminal law of the Russian Federation have been made. The tendency for the further increase of the number of corpus delicti with administrative prejudice in the acting Criminal Code of the Russian Federation has been supported.Discussion and Conclusion. The conducted research is considered important for the Russian juridical science due to the classification of the prejudices presented by the authors, which implies the availability of \"classical\" (simple) and \"double\" (complex) administrative prejudice in the corpus delicti. The amendments proposed by the authors to a number of provisions of the Special part of the Code, in particular, to Articles 180, 213, 330 of the Criminal Code of ","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"63 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139534556","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":"Cyberterrorism as a Real Threat to the National Security of the Russian Federation","authors":"S. I. Kuzina, I. G. Sagiryan","doi":"10.23947/2949-1843-2023-1-4-46-57","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-4-46-57","url":null,"abstract":"Introduction. The rapid change of the real-world situation is affecting our lives at a global scale and at the time of Russia carrying out the special military operation in Donbass the issues of terrorism of any kind are becoming acute. Since the Cold War times our country has not confronted such a hard-line challenge inspired by the unlawful ideology. The cybersecurity challenges and threats have reached such a scale that from the beginning of the 21st century the discussions about the cybercrimes, information warfare and information terrorism have started in the Russian legal field. In this regard, there arises the need for a comprehensive and consistent study of the structural organisation of the today criminal terrorist cyberspace communities. This will enable determining the disseminating potential of the ideological propaganda via Internet (the information and communication network), revealing the scheme of financing the cyber attacks on the critical infrastructural state facilities, and studying the methods and technologies of executing the terrorist offences in cyberspace. The research on cyberterrorism is relevant due to the widespread implementation of the information technologies into the national economy and the state administration authorities’ activities, vulnerability of the software and hardware to cyber threats, development of the international hacker network, and the improved level of organisation of the modern terrorist communities. The aim of the research is to form understanding about cyberterrorism, identify the reasons and determine the specifics of the modern terrorism-oriented cybercrimes in the context of transition to the polycentric world order.Materials and methods. The objects of the research are cyberterrorism and social relations arising from the establishment and enforcement of the cyberterrorism countermeasures in the frame of the criminal law. When conducting the study, the dialectical method of cognition was used as the main one, the general scientific methods of analysis and synthesis, as well as specific juridical methods, i.e. empirical (generalisation of judicial practice, criminal-statistical) and legalistic methods were applied.Results. The current state of cyberterrorism and its place in the structure of the terrorist offences encroaching on the national security of the Russian Federation have been analysed. The provisions of the cyberterrorism countering regulatory documents have been studied. Substantiated conclusions about the reasons for the emergence and dissemination of the terrorist offences in cyberspace have been made.Discussion and Conclusion. The conclusions drawn as a result of the research aim to supplement and expand the scientific knowledge about the essence of cyberterrorism, the reasons for its emergence and functioning in the modern geopolitical conditions, cyberterrorism legal regulation in the frame of the criminal law, as well as to serve the platform for further scientific research ","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"66 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139534861","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":"Legislative Initiatives for Improving the Interaction among the Educational Process Participants: Criminological Perspective","authors":"A. P. Alekseeva, T. V. Anisimova","doi":"10.23947/2949-1843-2023-1-4-65-73","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-4-65-73","url":null,"abstract":"Introduction. The use of smartphones as a learning tool in schools is prohibited by the Russian law. As it is well known, the scientific and technological progress has induced active implementation of the electronic devices into the everyday life of all categories of citizens, and the system of education has not been an exception. To systematise the use of the electronic devices in the education system, the legislators have submitted to the State Duma of the Federal Assembly of the Russian Federation a draft law, which reflects the revised attitude to the modern means of communication. However, the reaction of the scientific community to this proposal has been extremely contradictive and contained both positive and negative arguments. The aim of the present research is to study the expediency and justification of using the means of electronic communication in the educational institutions, to analyse the criminological problems arising in this field, and to assess the legislative initiatives and opinions of the scientists of different scientific specialties referring to improving the interaction among the educational process participants.Materials and Methods. The overview analysis of the scientific criminological literature and respective legislation regarding the expediency and justification of using the means of communication for the educational purposes was carried out in the frame of the research. Among the methodological tools there were used the commonly accepted in Russia methods of scientific cognition: general scientific (dialectical method) and specific scientific methods (analysis, synthesis, logical, comparative legal, systemic methods).Results. In the frame of the research, the analysis of the various scientific opinions on acceptability of using the means of communication for the educational purposes was made. The criminological problems arising in this field and the existing legal regulation were studied, the opinions of scientists of different scientific specialties on this matter were evaluated. The conclusion about the negative effect of the long-term usage of a device on the learner’s academic progression was made, even though it was used for the educational purposes. According to the scientists’ opinion, this dependency can be explained by multitasking: the mobile phones have many applications and functions that naturally lead to frequent switching from one task to another, which happens in the educational process too. This entails worsening the quality of perception of the material. To change the situation, the Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing (Rospotrebnadzor) and the Federal Service for Supervision of Education and Science (Rosobrnadzor) have developed the recommendations for the educational institutions and state authorities on reducing the negative impact of mobile devices on learners.Discussion and Conclusion. The results of the conducted research have led to the conclusi","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":" 42","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139627359","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":"Counteracting Extremism in the Context of Social Relations Digitalisation","authors":"A. Artamonov, R. V. Bushmanov, D. V. Vlasov","doi":"10.23947/2949-1843-2023-1-2-88-98","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-2-88-98","url":null,"abstract":"Introduction. In the Russian legislation there is a definition of the notion \"extremism”, the notions \"extremist activity\", \"carrying out extremist activity\" are used and the directions of extremist activity counteracting are stipulated. However, in-depth study is required of the nature of extremism, the methods, mechanisms and opportunities of its manifestation, as well as of the evaluative nature of establishing the reasons and consequences of certain actions and statements provoking or encouraging people’s illegitimate and extremist sentiments and actions. The theoretical study of the above issues is required due to the changes in technologies of information distribution, methods of influencing the human behavior and harmful consequences the extremist activity can entail. The article considers the results of the extremism countering legislation overview, analyses the data evaluating the socio-political situation in the subjects of the Russian Federation of the Southern Federal District, discloses the meaning of the notion \"extremism\" in the framework of the modern methods of countering this type of crime and preventing possible preconditions and reasons for wide spreading such ideology. The study aims at identifying the aspects of concern in extremism counteracting in the context of social relations digitalisation.Materials and Methods. The research objectives are both the notion of \"extremism\" and its manifestation in various spheres of social relations. The following methods of general scientific knowledge were used: idealisation, formalisation, logical and comparative methods; the empirical and theoretical methods: method of analogies, abstracting, induction and deduction; as well as specific juridical methods: formally juridical, comparative legal, method of legal modeling and legal norms interpreting.Results. Upon studying the Russian legislation in the field of extremism counteracting and its implementation practices, the suggestions were made on the necessity to have a wide-scale discussion and more detailed juridical stipulation of the notion of \"extremism\", the forms of its manifestation, as well as counteracting facilities, taking into account the modern methods of communication and distribution of information. The significance was proved of extremism prevention and conducting the awareness campaigns called to clarify the governing decisions made at all levels of authority to decrease the possibility of public opinion manipulation and extremist sentiment arising. The analysis of the Russian Ministry of Justice local bodies experience in countering the extremist activity in the socio-political and rule-making spheres was carried out. The attempt was made to find solutions in the topical issues of making the correct governing and rule-making decisions aimed at harmonising the social life and ensuring the security of a person, a society and a state.Discussion and Conclusions. The issues of extremism manifestation, possibilities of its n","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123905946","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":"Investigating the Influence of the Heat of Passion Type on Qualification of the Act, the Type and Scope of Imposed Punishment","authors":"Y. Isakova, A. Konovalov, O. Chernenko","doi":"10.23947/2949-1843-2023-1-2-99-108","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-2-99-108","url":null,"abstract":"Introduction. Commission of any crime involves intense emotional experience and emotional outbursts. And this kind of agitation is felt not only by a person encroached upon, but also by a subject of a crime. In the majority of cases, emotional experience is related to committing the certain actions resulting in violation of the Criminal Law and, consequently, committing a crime. However, in some cases, the mechanism of a crime is realised after and as a result of experiencing the powerful emotional experience. In such cases, it is impossible to deny the possibility of this state to have impact not only on the intentions and motives of a person, but also on the nature of his actions and their outcome. From this perspective, studying the features of the heat of passion is of great importance for the Criminal Law and for assessing the nature of a guilty person’s actions, as well as for determining the appropriate punitive reaction by means of the term and type of criminal punishment. The present study aims at differentiating the influence of various types of heat of passion, experienced by a subject of a crime, on the important elements of a crime, which are taken into consideration while qualifying the act and imposing the punishment.Materials and Methods. In order to define the concept of heat of passion, it is necessary to analyse available scientific approaches used for investigating this problem and correlate the problem with the existing practices of studying the heat of passion. Besides, not only the most popular opinions of practitioners and theoreticians have been taken into account, but the unpopular opinions on the issue of the heat of passion detection have been analysed as well. The general and specific scientific methods have been used in the research, in particular, the analysis, synthesis, interpolation, structural analysis, methods of legal psychology and psychiatry.Results. The \"heat of passion\" concept has a complex and heterogeneous nature, therefore, in order to be able to assess impartially the criminal and legal value of a person's state upon committing a crime, it is necessary not to be restricted to merely establishing the fact of heat of passion presence at the moment of committing a crime. It is important to identify, to which of five types of heat of passion, stipulated in the present work, and to which of their phase, the state, diagnosed in a subject of a crime, can be referred to.Discussion and Conclusions. As a result of conducted research, it was possible to identify such types of heat of passion as: the cumulative, the abnormal, the one caused by alcoholic intoxication, the pathological, the physiological, which, in their turn, undergo several phases during formation and experiencing by a subject. However, the majority of the researchers share the opinion that only two of the identified types of heat of passion can unambiguously entail criminal and legal consequences: physiological (not related to the diseased condi","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115713056","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":"Formation of Students’ Legal Consciousness and Civic Position in Higher Education Institutions","authors":"I. V. Abakumova, O. A. Matveeva","doi":"10.23947/2949-1843-2023-1-2-16-23","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-2-16-23","url":null,"abstract":"Introduction. The principles and values, which form and keep functioning the civil society, should be a priority for all the present and future generations of citizens of the country. At the same time, the theoretical understanding of these categories should be backed up by their practical implementation. Therefore, the article aims at conducting the experimental pedagogical study of the problematic aspects of legal consciousness development for enabling a comprehensive assessment of the civic position maturity level of higher education teachers and students.Materials and Methods. The pedagogical activity management process in a Higher Education Institution and the work of tutors served the material for the present research. The research was conducted using a set of general scientific and specific scientific methods targeted at analysis and systematisation of the relevant materials, as well as at practical and experimental investigation.Results. The content of educators’ and students’ work on development of self-consciousness was considered during both in-class and extracurricular activities. Among the fundamental principles of the pedagogical activity management, the principles of legal consciousness and citizenship, democracy, as well as tolerance and civic actions engagement experience were defined. The features of tutors' work targeted at students’ legal consciousness and civic position formation were also analysed. In addition, the article focused at the need to form and strengthen partnerships with the general public, educational institutions, authorities and business.Discussion and Conclusions. The manageability of the civic self-consciousness development process has been revealed as the main result of the authors’ analytical research. The essential pedagogical requirements for this process have been distinguished: setting up interaction among all participants of this process both during educational as well as extracurricular activities, considering student professional training specifics and involvement of the general public into the process of self-consciousness development. The need to sensitize the teaching methods fostering students’ legal consciousness and citizenship formation has also been mentioned among the pedagogical requirements. The efficiency has been proved of setting up the temporary pedagogical communities of experts working directly with students and elaborating the specialised approaches designated to form the above-mentioned qualities in students through promotion of the special topics and issues within the curricula courses, the study of which can multiply the efficiency of the civil legal consciousness development efforts. The tutor activities programme aimed at students’ civic position formation has been worked out and suggested; step-by-step monitoring of students’ civic position formation process has also been envisaged.","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132695714","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":"Legal Aspect of Forming the Secure Informational Environment Fostering Dissemination of the Traditional Russian Spiritual and Moral Values","authors":"M. V. Alekseeva, I. Podroykina","doi":"10.23947/2949-1843-2023-1-2-24-33","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-2-24-33","url":null,"abstract":"Introduction. During the last decades, several generations of people in Russia matured being disoriented in culture, traditional Russian spiritual and moral values. There can be observed the overwhelming replacement of the traditional values with pseudo-values and acceptance by people of the deviant behavior, often leading to self-destruction and new understanding of the norm. This became possible due to the absence of proper control over the flow of information on behalf of the state. Recently, our state has sensitized activities aimed at forming the informational environment fostering development of the high moral qualities in a person and adherence to the traditional value benchmarks. Since the information resources have a particular influence on moulding the present generation, the important task today is allocated to development and promotion of such information resources that can stop the process of losing the social and moral benchmarks by the present generation. The aim of the study is to evaluate the existing legislative acts from perspective of their capacity for full-scale regulation of the process of forming the secure informational environment, that can ensure the proper dissemination level of the spiritual, moral values, which are deemed traditional.Materials and Methods. The legislative acts regulating the work of the modern information resources and their impact on the present generation have become the material for the study. Such general methods of scientific cognition as the dialectical and legalistic methods, as well as the analysis, synthesis, induction and deduction have been used in the article.Results. In the Strategy of the Information Society Development in the Russian Federation for 2017 – 2030, the need to form an informational environment based on promotion of the information resources fostering dissemination of the traditional Russian spiritual and moral values is indicated. The idea itself, formulated in the concept, deserves unconditional support. At the same time, its implementation may face a number of problems and difficulties, which are primarily related to the conceptual apparatus. The absence of a uniform, high-quality conceptual apparatus in terms of the Russian language, the logic of replenishing, the unambiguous comprehension thereof for using in the allied regulatory legal acts, can depreciate all the attempts of the legislators to ensure forming the appropriate informational environment. To enable a complete regulation of the process of forming the secure informational environment, that can ensure the proper dissemination level of the spiritual and moral values, which are deemed traditional, it is necessary today, taking into account the above-mentioned and along with the other measures, to make an inventory and systematise the terminology and concepts in the sphere of legal regulation of the secure informational environment formation.Discussion and Conclusions. The definitional part of the legal backgro","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131670214","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":"Essence of the Stipulation in the Roman Private Law","authors":"A. Kuzubov, A. N. Maksimenko","doi":"10.23947/2949-1843-2023-1-2-47-55","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-2-47-55","url":null,"abstract":"Introduction. The issues of stipulation were widely covered in the ancient Roman Law sources of knowledge. Throughout the history of Roman Law, the institution of stipulation has undergone some changes. The stipulation arose in the archaic period and got the greatest development in the classical era. Within the Roman Private Law course, which is obligatory for substantial study of the Law curriculum, the special place is allocated to the topic of stipulation. The aim of the present study is to provide the scientific analysis of the Roman Law sources of knowledge with regard to the subject matter of the institute of stipulation in the Roman Private Law, finding out its structural features, origin and evolvement in the historical perspective.Materials and Methods. The legal, organisational, worldview, methodological and other aspects of studying the stipulation within the Roman Private Law have been considered by applying the methods of scientific cognition generally accepted in Russia: general scientific (dialectical) and specific scientific (analysis, synthesis, historical case specific, logical, etc.) methods.Results. The stipulation is an unilateral agreement (contract) used in the Roman Law, concluded orally (verbally) between the parties (debtor and creditor) in the form of solemn declarations regarding the proprietary rights of the Roman citizens and foreigners. The mandatory attributes of the stipulation are: the grounds, the subject, the parties, the form and classification. Various juridical factors used to be the grounds for arising the stipulation. Alongside, according to the Roman Law School, the provided obligation was referred to the range of conventional (contractual) ones, was unilateral and had an abstract nature. Any obligation comprising the ownership right as well as the right of possession could constitute the subject of the stipulation. The provisions on monetary assessment timeframe of an object of obligation, various conditions for terminating the stipulation, circumstances excluding the defense's claims in the lawsuit based on the stipulation, and mandatory requirements for making a deal have been considered in the article. The parties to the agreement were both Roman citizens and foreigners. The deal could be made for the benefit of a creditor as well as his heirs. The obligations within the stipulation and the features of slaves’ participation in the agreement have been considered. In such agreements the parties were represented by: guardians, adstipulators, donators. The timeframe for fulfilling an obligation should have been indicated as a condition for concluding an agreement, and the period for claims in the lawsuit began from the moment of detecting the violations of an obligation, which took place during the factual happening of an event in the frame of the agreement. The potential perspective has been highlighted during studying the history of obligations within the stipulation on the territory of the Bosporan kin","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130944394","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":"Gift Agreement: Topical Problems of Legal Regulation","authors":"S. Rybak, E. A. Rybalka","doi":"10.23947/2949-1843-2023-1-2-56-67","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-2-56-67","url":null,"abstract":"Introduction. The theoretical and practical importance of the contractual legal relationships, the specifics of their legal regulation in the present-day conditions imply a contract to be a driver of the dynamic processes of commodity exchange. Therefore, due to involvement of the increasing number of objects into the civil circulation and fostering freedom of competition, the role of a contract is also growing. At the same time, in recent times the special attention in the national Civil Law is being paid to creation of the legal construct ensuring development of the gratuitous relationships. In this regard, a gratuitous contract category and, in particular, a gift agreement category are of considerable interest. One of the objectives of today’s Civil Law is creation of the legal construct ensuring development of the above-mentioned gratuitous relationships. The Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the RF), although traditionally stipulating the certain types of gratuitous contracts, still leaves unsolved a number of issues: systematisation of gratuitous obligations, type composition, socially beneficial goals, etc. In the current legislation, the legal constructs of technical and humanitarian aid contracts are stipulated in the ambiguous way. The relationships comprising the element of gratuitousness related to charity, donation, patronage, grants, etc. need a clear legislative regulation. Meanwhile, the legal regulation of the gratuitous contacts in the current economic situation falls considerably behind the present day demands. Therefore, understanding the essence and legal nature of a gift agreement and its place in the present-day Civil Law of Russia is of particular interest. The aim of this study is to identify the most topical problems of the gift agreement legal regulation in the national legislation and difficulties in application practices thereof.Materials and Methods. The legal regulation designated for drawing up the gratuitous contracts was analysed, whereas the gift agreements among them were of particular interest. During the research, a combination of general and specific scientific methods of cognizing the legal reality were applied. The methods of analysis and synthesis, comparative legal analysis, as well as the dialectical method were used for writing the article, which made it possible to ensure the comprehensive study of the material under analysis, internal integrity of the study, as well as credibility and consistency of the research provisions.Results. It has been proved that the institution of gift-giving is in a state of constant legislative improvement. That is why, a number of provisions have been elaborated to foster the development of this institution in the national legislation.Discussion and Conclusions. The problems of the gift agreement legal regulation have been identified, including the law enforcement errors, which occupy a special place in the national judici","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"321 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134131472","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":"Growing the Forests on Agricultural Land in Russia: Legislative Novelties and Implementation Thereof","authors":"M. Rodina, N. Zakalyuzhnaya","doi":"10.23947/2949-1843-2023-1-2-34-46","DOIUrl":"https://doi.org/10.23947/2949-1843-2023-1-2-34-46","url":null,"abstract":"Introduction. For a long time the application of the extensive land and forest management at the abandoned agricultural land had no respective legislative framework, that would regulate forests growing. The proprietors, who were in despair due to the excessive fines imposed on them for not using the agricultural land, had been burning up the forests on their lands causing considerable damage to themselves, society, the state and nature. In Russia, the area of the abandoned agricultural land suitable for forestry is about 76 million hectares. In 2020 two extremely important regulatory legal documents concerning the forests located on the agricultural land not used in compliance with its intended purpose were adopted – the Russian Federation Government Decree No 1509 of September 21, 2020 (hereinafter – Decree No 1509) and the Russian Federation Government Decree No 1482. The business entities (including the proprietors and forest managers) interested in development of this sector have noted the positive dynamics in the legislation development because of the profound opportunities opened for forests multiplication –– there appeared the opportunities for forest farming and growing the forests on the abandoned agricultural land, setting-up the nursery forests, developing the rural territories, particularly in the Non-Black-Soil zone, all of these can benefit the Russian forests stock, preserve biodiversity and, not the least, improve the overall ecological and climate situation in the country and in the world. By the beginning of 2023, this sector of legal relationships has been significantly amended by the legislators, however it should be noted, that the legal regulation and settlement of many issues in this sector still remain difficult. The aim of the present research is to distinguish the problematic issues in development of the Russian Federation agroforestry legislation and implementation of the Russian Federation Government Decree No 1509 of September 21, 2020.Materials and Methods. In the article, the issue of growing the forests on agricultural land was analysed. The general scientific and specific scientific methods were used in the research. The methodology of the study was based on the dialectical method, as well as on the legalistic, comparative-legal, system-structural kinds of analysis.Results. It was revealed, that the formidable administrative and regulatory barriers have been set forth the agroforestry evolvement and this sector of the legislation development needs serious reassessment. Urgent steps must be taken to identify all the gaps and shortcomings and to rectify the situation.Discussion and Conclusions. The problems caused by adding the numerous amendments to the Decree № 1509, complicating the forests growing on agricultural land, have been revealed. The transit to the intensive management of forests and removal of bureaucratic barriers in development of the agroforestry are deemed necessary.","PeriodicalId":155901,"journal":{"name":"Legal Order and Legal Values","volume":"359 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132482521","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}