Current Issues of the State and Law最新文献

{"title":"“Ghosts of Nationalism”: attempts to transform the Austrian Empire into a federation in the 19th – early 20th centuries","authors":"Evgeniya V. Sirotkina","doi":"10.20310/2587-9340-2022-6-1-27-38","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-1-27-38","url":null,"abstract":"The work is devoted to the search by Austrian politicians for ways to solve the national question through the federalization of a multinational empire in the 19th – early 20th centuries. The purpose and objectives of the study: the study of political and legal concepts devoted to the issues of federalization and the solution of the national question within the boundaries of a multinational state, which became widespread in European thought in the 19th – early 20th centuries. We use comparative legal, historical, comparative and system-structural me-thods. The use of these methods of cognition allows us to analyze and summarize the historical and legal material in detail, draw the necessary conclusions and identify ways to solve the identified problems within the framework of modern trends. In the course of study, we analyze the concepts of reforming the Habsburg Empire by \u0000W. von Andrian-Werburg, L. von Lohner, O. Ostrozhinsky, A. Fischhof, A. Popovichi, K. Renner, O. Bauer, \u0000K. Luger, I. Seipel, G Lammash and other prominent representatives of the political and legal thought of Austria-Hungary. We consider various approaches to the process of federalization of the Austrian Empire from theological to ethnic-legal concepts. The data obtained can be used in further historical and legal research devoted to the study of the general problems of federalism and the peculiarities of the design of federalism in multinational state formations. We prove that the multinational empires that appeared in the Middle Ages, which were united mainly by the dynastic principle, faced with the problems of nationalism in modern times, had to respond to the challenges of their time. One of the ways to solve the problem was the transformation of empires on a federalist basis. However, the federalization of the Austrian Empire in the 19th – early 20th century did not happen due to the rejection of radical reform and the desire to “slow down” the processes of modernization of the empire, which became one of the main reasons for the collapse of the multinational state after the end of the First World War.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"225 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":"132941745","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":"Theoretical aspects of sanity, insanity and limited sanity of crime subject","authors":"","doi":"10.20310/2587-9340-2023-7-2-295-302","DOIUrl":"https://doi.org/10.20310/2587-9340-2023-7-2-295-302","url":null,"abstract":"The norms that define the subject of a crime and such a property as sanity, the practice of applying these norms, as well as scientific approaches to the study of sanity as a sign of crime subject are studied. An attempt of the author's approach to its distinction from limited sanity and insanity is made. The age, legal and medical criteria of sanity are singled out. Together with the materials of law enforcement practice, summary statistical information on the activities of federal courts of general jurisdiction and justices of the peace for 2019–2021 Is used as empirical data. in terms of the application of coercive measures of a medical nature, allowing to identify cases of establishing insanity or limited sanity. It is established that sanity is the ability of the subject to understand his actions and evaluate their compliance with the rule of law. If the subject has specific beliefs or mental problems that do not affect his ability to be aware of his actions, then he is recognized as sane. In this case, he cannot use his mental problems or other circumstances as an excuse for his actions. Insanity is defined as the state when the subject does not meet the criteria of sanity at the time of the commission of the crime due to mental problems. Limited sanity means that the subject could be aware of the direction of his actions, but due to the presence of certain mental problems (for example, affective or emotional), he could not understand the meaning of his actions.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","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":"130925026","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 RIGHT TO HOUSING FOR YOUNG FAMILIES: \u0000PROBLEMS AND STATE PROGRAMS \u0000IN RUSSIAN FEDERATION","authors":"V. Bulgakov","doi":"10.20310/2587-9340-2019-3-9-36-44","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-9-36-44","url":null,"abstract":"The relevance of this study is due to the importance of the constitutional right of everyone to housing, its inviolability and inalienability. Because of the acute housing problem in the Russian Federation, concerning the lack of funds for the purchase of housing, many young families who need housing and improved living conditions. The purpose of the study is to analyze the features of the constitutional right to housing, the state of this institution in modern Russia, whose task is to improve housing conditions in the country and provide young families with housing. We achieve the implementation of the tasks with the help of general scientific (dialectical, analysis, synthesis) and specific scientific methods (formal-legal, comparative-legal). We note a number of social and economic conditions and factors affecting the realization of the right to housing for young families in the framework of existing state support programs. We draw a conclusion that at the moment there are a lot of state programs aimed at maintaining the level of the population, which could fulfill the social obligation of the state to its citizens. At the same time, the legislator should pay special attention to improving the legal literacy of the population, the accuracy of the target program activities wording description, the development of a mechanism for their implementation, as well as the development of a methodology for calculating indicators of the effectiveness of such programs.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","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":"130932317","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":"Ministry of Police of the Russian Empire: implementation of the project \u0000by M.M. Speransky","authors":"N. L. Fedneva","doi":"10.20310/2587-9340-2021-5-19-412-424","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-19-412-424","url":null,"abstract":"We consider the views of M.M. Speransky on the sphere of the police department, which were not previously the object of special research, as well as the implementation features of his project for the creation of the Ministry of Police of the Russian Empire, designed, according to the creator's plan, to ensure not only order and security, but also oversee the legality of the administration’s activities on the ground. We draw conclusions: firstly, the formation of Speransky’s views took place under the influence of internal needs to strengthen power and maintain order that arose in the Russian Em-pire at the beginning of the 19th century; secondly, Speransky was influenced by the last representative of the European school of Roman law, the ideologue of the Enlightened absolutism J. Dom, who was the first in Europe to see the police as a universal instrument for maintaining order based on the norms of public law, and the lawyer-policeist N. Delamare, who systematized the French police legislation. The Ministry of Police of the Russian Empire, created according to Speransky’s project, was supposed to ensure compliance with the rule of law on the basis of public law and on behalf of the state, as well as protect and, if necessary, restore the rights of subjects as private individuals. The solution of this problem within the framework of the theoretical concept proposed by Speransky, which reflected the needs of the development of Russian society, required a long-term perspective and included a gradual restructuring of police activities, the development of appropriate legal, ideological and personnel support and, in fact, meant a transition to the rule of law. We emphasize the contribution of the Ministry of Police to ensuring victory in the Patriotic War of 1812 and suggest the reasons for its inclusion in the Ministry of Internal Affairs in 1819.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","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":"131098735","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":"On the issue of the criminal-legal characteristics of the abuse of the bodies of the deceased and their burial places","authors":"Ekber A. Alimirzaev","doi":"10.20310/2587-9340-2022-6-2-189-198","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-2-189-198","url":null,"abstract":"We examines the composition of the crime provided for in Article 244 of the Criminal Code of the Russian Federation, and also points out a number of controversial points on the correctness of the interpretation of certain elements of the composition of this crime and the problems of the qualification of this act in judicial practice. The purpose of the scientific work is to investigate the elements of the composition of the crime reflected in Article 244 of the Criminal Code of the Russian Federation “Abuse of the bodies of the deceased and their burial places” and the qualification of certain actions of the perpetrators, for example, when committing theft of objects that are with the deceased. In the course of the study, the generic, specific and direct object and subject of the act under Article 244 of the Criminal Code of the Russian Federation are considered in detail, the signs of the objective side of this crime, the problems of its qualification are analyzed. Based on judicial practice, it is possible to formulate a logical conclusion that the abuse of the body of the deceased can be expressed in various forms of dismemberment of the corpse, in mockery of the corpse of a person, committing sexual intercourse in relation to him (necrophilia). It is emphasized that there is also no uniform opinion regarding the criminal legal qualification of the theft of property from the body of the deceased. We express our point of view about the need to develop and implement a unified approach to understanding Article 244 of the Criminal Code of the Russian Federation and the correct qualification of acts falling under the set of signs provided for by this study. Proposals are formulated to supplement the norms of legislation in the field under consideration.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","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":"133687323","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 justice principle in the land legislation of Russia","authors":"V. Bulgakov, Aleksandra A. Rodionova","doi":"10.20310/2587-9340-2021-5-20-602-615","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-20-602-615","url":null,"abstract":"The relevance of research topic is due to the eternal discussion around the concept of justice in many areas: philosophy, politics, morality, law. The latter is considered by us in the context of land law as one of the central branches of the legal system of Russia. We consider the latter in the context of land law as one of the central branches of Russian legal system. The choice of the subject is explained by the fact that the land as a valuable resource has always been the basis of the life of the Russian people – people who lived centuries ago even deified it, called it the mother of all living things, performed rituals of veneration of the land. The methodological basis of research is analysis and synthesis, with the help of which we manage to study and briefly describe the most important events, treatises, regulations, historical periods associated with the development of the concept of justice in legal thought, the justice principle in Russian land law; a historical method that allowed us to trace the evolution in time and space of the subject under study. During the study of the topic, special attention is paid to the relation of the development of the concept of “justice” in land law from the moment of the formation of Russia as a state to the present day. Having studied the presented subject, we briefly describe the ways of taking root in the Russian land legislation of the category “justice”.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"49 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":"133103191","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":"Issues of Indemnity Damages in Arbitration Proceedings","authors":"V. Gavrilenko","doi":"10.20310/2587-9340-2021-5-18-320-328","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-18-320-328","url":null,"abstract":"The object of research is legal relations in the field of commercial arbitration. We consider the arbitration procedures for disputes, the subject of which is compensation for damage. Currently, forms of settlement of legal disputes that are alternative to state justice are popular, including commercial arbitration, which is becoming more widespread in the modern world, which is primarily associated with the development of economic turnover and busi-ness activity, as well as an increase in the volume of domestic and interna-tional economic connections. The relevance of the issues under research con-sists in the fact that the arbitration procedure of disputes in a strictly defined area related to compensation for damage is investigated as a means of pro-tecting the rights and interests of subjects of economic turnover. We show that it is in principle possible to resolve these disputes through arbitration. The research results can be implemented in legislative work on improving legislation in the field of arbitration of disputes and regulation of issues of compensation for damage.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","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":"132684299","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":"To the issue of legal liability for informational and mental iatrogenesis and their correlation","authors":"N. Ognerubov","doi":"10.20310/2587-9340-2019-3-10-165-174","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-10-165-174","url":null,"abstract":"We consider various approaches to understanding and classifying such phenomenon as “iatrogenesis”. Taking into account the specifics of the stated theme, we highlight informational and mental manifestations of iatrogenesis, we identify approaches where these types differ, as well as approaches where they are identical. Due to this, we analyze informational and mental iatrogenesis from the juridical science point of view. We define the reasons for the criminal liability of a medical worker for “classical” mental iatrogenesis as highly controversial. At the same time there is a civil liability, namely, the issue of causing moral harm. In the context of the consideration of informational iatrogenesis, we propose to pay attention to the provisions of Article 137 of the Criminal Code of the Russian Federation and Article 732 of the Civil Code of the Russian Federation, as well as the provisions of criminal legislation on offenses to which medical workers may be subject, and the provisions of civil legislation on redress for the non-pecuniary damage as a civil liability. The conducted research led to the conclusion that it is impossible to identify informational and mental iatrogenesis from a legal point of view. We substantiate the necessity of conducting work at the legislative level on a clear classification of iatrogenesis as a basis for further research on its individual differentiations, which have legal significance both in doctrinal and practical terms.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"30 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":"114230959","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 exemption from penal responsibility of minors by applying compulsory measures of educational influence to them","authors":"Mikhail I. Koltsov, E. Popova","doi":"10.20310/2587-9340-2022-6-3-337-348","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-3-337-348","url":null,"abstract":"The educational impact on juvenile offenders, which is one of the key state problems that require constant attention from legislators, law enforcement agencies, other interested institutions and the whole society as a whole, is considered. The main purpose of the article is to highlight the problems of applying coercive measures of educational influence. To achieve this goal, an analysis of theoretical provisions, norms of criminal law and examples of judicial practice on the release of adolescents from liability with the appointment of compulsory measures of educational influence, provided for in articles 90–92 of the Criminal Code of the Russian Federation, was carried out. It is noted that in the overwhelming majority of cases, minors begin “their criminal career” with the commission of disciplinary offenses or administrative offenses. Administrative offenses committed for the first time or crimes of small and medium gravity still make it possible to achieve a positive result in the correction of a teenager by releasing him from criminal responsibility with the use of compulsory measures of educational influence. Attention is focused on the fact that formalism in the work of law enforcement structures, shortcomings and problems in the legal regulation of these measures of coercive influence by no means always prevent the involvement of minors in a criminal lifestyle. Based on the results of the study, specific proposals were formed to increase the effectiveness of the impact of the regulatory requirements of Articles 90–92 of the Criminal Code of the Russian Federation on minors.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"38 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":"116057718","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":"Human and state security: from need to concept","authors":"Maryna V. Andryiashka","doi":"10.20310/2587-9340-2021-5-18-329-340","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-18-329-340","url":null,"abstract":"The phenomenon of security since the time of Plato, who identified it as one of the human needs, belongs to that rare group of phenomena that will remain in demand forever, regardless of the change of ideologies and eras. Only technologies and mechanisms for ensuring security are changing, which is facilitated by the tech-nological singularity, the accelerated progress of information and communication technologies. Nevertheless, the question remains open of what comes first: the security of human or state. Even in the Modern Era, after the terrible world wars, terrorist attacks, man-made disasters, the approaches to answering this question have changed many times. In connection with the above, the purpose of this work is to trace the development of philosophical thought on security issues, as well as to de-termine approaches to the modern understanding of this phenomenon, prob-lems of meanings and values. Through the use of general logical, empirical and theoretical methods, an idea of new trends in the field of security is formed, which testify to the formation of the concept of human security.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","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":"116469995","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}