Current Issues of the State and Law最新文献_第3页

Features of evidence in civil cases during the period of restrictions imposed to combat the spread of a new coronavirus infection (COVID-19) 遏制新型冠状病毒感染(COVID-19)传播限制期间民事案件证据特征

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-3-423-428

Tatyana Y. Naumova

{"title":"Features of evidence in civil cases during the period of restrictions imposed to combat the spread of a new coronavirus infection (COVID-19)","authors":"Tatyana Y. Naumova","doi":"10.20310/2587-9340-2022-6-3-423-428","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-3-423-428","url":null,"abstract":"The features of proof in civil proceedings in the era of the spread of a new coronavirus infection are considered. The current state and prospects for the use of video conferencing and web conferencing systems, as well as the use of electronic documents are analyzed. The subject of the study is the legal regulation of evidence in civil proceedings during the spread of coronavirus infection. The purpose of the work is to describe and analyze the specific features of the evidence process in civil cases during the spread of coronavirus infection. The following tasks have been set and solved: to describe the legal regulation of the process of proof in civil proceedings, taking into account new realities; establish the features of evidence during the spread of coronavirus infection. Research methodology: analysis, comparative legal method, dogmatic method, systematic approach, synthesis, which made it possible to learn in the work various ways of proving in civil proceedings and the specifics of new ways of proving during the spread of a new coronavirus infection. The results of the work are proposals for improving the evidence process in civil cases using modern technologies. The scope of further application is quite extensive: it is not limited only to practical recommendations addressed primarily to the professional community of practicing lawyers, but can also cover the scope of activity of legal theorists, becoming the basis for further research on the topics presented. In addition, the results will be useful in studying the block of procedural and legal disciplines. Based on the results of the study, new ways of organizing the civil process and new ways of proving in the context of the development of modern technologies were proposed.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"55 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":"126544684","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}

引用次数: 0

Professor Valentin Nazarov: the first chairman of the Tambov Regional Court in modern Russia 瓦伦丁·纳扎罗夫教授:现代俄罗斯坦波夫地区法院的首任主席

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-3-464-468

A. Bibarov-Gosudarev

{"title":"Professor Valentin Nazarov: the first chairman of the Tambov Regional Court in modern Russia","authors":"A. Bibarov-Gosudarev","doi":"10.20310/2587-9340-2022-6-3-464-468","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-3-464-468","url":null,"abstract":"The work is dedicated to the first chairman of the Tambov Regional Court, a respected public and political figure, Professor Valentin Vasilyevich Nazarov, who died on September 05, 2022. The professional formation and path of V.V. Nazarov, who managed to combine a theorist, judge, and public figure in different periods of his life, is noted. The assessment of V.V. Nazarov’s contribution to the youth legal science of the region, the formation of mechanisms of free legal aid to the population and its legal education is given. The role of \u0000V.V. Nazarov in the work of the coordinating council for improving the legal culture of the population in building and functioning of the entire regional mechanism of free legal aid, increasing its relevance and quality, increasing the ethical level of legal culture, monitoring the degree of effectiveness is highlighted. We note the scientific interests of V.V. Nazarov, which included the theoretical and practical justification of the investigator’s idea of eliminating the causes and conditions that contributed to the commission of a crime as an important and effective tool for preventing crimes. Attention is paid to the active activity of V.V. Nazarov within the legal community as a member of the All-Russian Public Organization “Association of Russian Lawyers”, a member of the Tambov Regional Branch of the All-Russian Public Organization Association of Russian Lawyers.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128122840","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}

引用次数: 0

Issues of jurisdiction of disputes to arbitration. Comparative analysis of legislation of the states of Arctic region 争议的仲裁管辖权问题。北极地区各国立法比较分析

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2023-7-2-303-318

V. Gavrilenko

引用次数: 1

Criteria for distinguishing vandalism from a minor act 区分故意破坏与轻微行为的标准

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2021-5-19-486-499

Yu. D. Nalimov

{"title":"Criteria for distinguishing vandalism from a minor act","authors":"Yu. D. Nalimov","doi":"10.20310/2587-9340-2021-5-19-486-499","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-19-486-499","url":null,"abstract":"When qualifying vandalism, law enforcement officers often experience difficulties in distinguishing a criminal act from a minor one, which formally contains signs of a crime, but does not pose a public danger. Due to the evaluation of the signs of both vandalism and the insignificance of the act, there is a high probability of qualification errors in which insignificant acts are recognized as criminal, or on the contrary, the actions of persons who committed vandalism are recognized as unapproachable. To date, there is no single doctrinal opinion defining the criteria of insignificance, a similar situation is observed in judicial and investigative practice. For these reasons, the topic is relevant and requires a comprehensive analysis. The purpose of the study is to consider the points of view of researchers of interest to the science of criminal law and law enforcement officers. The tasks are to establish rules for the qualification of criminal and insignificant vandalism, which contribute to the adoption of the right decision by law enforcement subjects, to make scientifically based proposals for the application of Article 14, Part 2 of the Criminal Code of the Russian Federation, in relation to acts that formally fall under the signs of a crime under Article 214 of the Criminal Code of the Russian Federation. During the research, the following methods are used: dialectical, analysis, synthesis and sociological. As a result of the analysis, the most common mistakes made by the law enforcement officer are identified, the points of view of scientists on the qualification of vandalism are considered. Signs of insignificance were also investigated, taking into account practical and doctrinal positions. As conclusions, the signs of insignificance are proposed, which are subject to establishment by law enforcement agencies, in order to correctly qualify vandal actions.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"41 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":"134026297","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}

引用次数: 0

On some issues of legislation harmonization on legal proceedings and representation: comparative legal characteristics 论诉讼与代理立法协调的若干问题:比较法律特征

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2021-5-19-373-387

V. M. Bolshakova

{"title":"On some issues of legislation harmonization on legal proceedings and representation: comparative legal characteristics","authors":"V. M. Bolshakova","doi":"10.20310/2587-9340-2021-5-19-373-387","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-19-373-387","url":null,"abstract":"The subject of research is the issues of improving the legislation on the judicial system, legal proceedings types, further unification of duties of general jurisdiction courts and analysis of requirements for a procedural representative. The modern legal doctrine contains legislative regulations governing various spheres of social activity. One of these areas is the regula-tion of the structure and regulatory legal framework of the activities of judi-ciary, administering justice and implementing in practice the basic principles of the legal state. Method, research methodology: we illustrate the need to improve the legislation on the judicial system and legal proceedings based on the application of comparative legal and systemic research methods. The novelty of research, main conclusions: we consider social trends leading to judicial changes, we present the corresponding opinions of scientists on this issue. As a result of the conducted scientific research, we establish that some normative legal acts regulating the types of legal proceedings, the duties of general jurisdiction courts, as well as the institution of procedural representation, need to be amended in order to bring them into line with constitutional provisions and establish precise legal and technical formulations. We especially note that this study makes it possible to assess how optimal the judicial and procedural legislation is at present and how effectively it allows for judicial protection of violated or disputed rights and simplifies citizens' access to justice.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"208 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":"131798451","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}

引用次数: 2

On the issue of criminal liability for iatrogenic harm amid the COVID-19 pandemic 论新冠肺炎疫情中医源性损害的刑事责任问题

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2020-4-16-485-494

N. Ognerubov

{"title":"On the issue of criminal liability for iatrogenic harm amid the COVID-19 pandemic","authors":"N. Ognerubov","doi":"10.20310/2587-9340-2020-4-16-485-494","DOIUrl":"https://doi.org/10.20310/2587-9340-2020-4-16-485-494","url":null,"abstract":"Iatrogenic crimes have been underinvestigated in domestic science, however, a significant number of foreign studies are devoted to the issue of criminal liability of medical workers for iatrogenic harm. We analyze the work of many scientists, including those from Australia, India and Italy. Foreign theory is increasingly adhering to the idea of mitigating the criminal liability of medical workers for medical errors. We conclude that the general basis for bringing a doctor to criminal responsibility in foreign countries is a gross violation of generally accepted medical care standards. At the same time, the COVID-19 pandemic plays an important role in rethinking the domestic approach to understanding the responsibility for iatrogenesis and the need for its differentiation. In an environment where doctors every day receive new instructions on appropriate therapy, and the search for ways to treat a new coronavirus infection is still associated with many errors, the qualification of an iatrogenic crime must take into account the special cir-cumstances that reduce the social danger of the crime. In conclusion, we talk about the prospect of using foreign practice to mitigate criminal liability for iatrogenesis as a guideline for the formation of new privileged features of the offenses associated with causing iatrogenic harm in domestic criminal law.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"25 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":"127068882","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}

引用次数: 1

Prejudice and uniform application of legal norms by courts: relationship of concepts in civil and arbitration proceedings 法院对法律规范的偏见和统一适用:民事和仲裁程序中概念的关系

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-2-235-241

K. Ryzhkov

{"title":"Prejudice and uniform application of legal norms by courts: relationship of concepts in civil and arbitration proceedings","authors":"K. Ryzhkov","doi":"10.20310/2587-9340-2022-6-2-235-241","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-2-235-241","url":null,"abstract":"Ensuring the uniformity of judicial practice is one of the most important tasks facing the judicial system. At the same time, the existence of a mechanism of prejudice in the procedural legislation raises the question of the ability of the courts to accept not only previously established facts, but also their legal qualification, which is di-rectly related to the issue of the uniform application of legal norms by the courts. The purpose of the study is to identify the relationship between prejudice and the uniform application of legal norms by the courts in civil and arbitration proceedings. To achieve this goal, the task is to distinguish between cases where the court must ac-cept the legal position of the previous court, from cases where the court is free in legal assessments of prejudicial facts. The task was also set to consider various manifestations of the uniform application of legal norms by the courts, as well as their relationship with prejudice. Dialectical, formal-legal and hermeneutical methods were used to achieve the goal and objectives of the study. As part of the study, criteria were formulated for identifying cases where the court must accept the legal position of the previous court. At the same time, the author made conclusions about the relationship and correlation between the legally established requirement for the uniformity of judicial practice and the property of prejudice of judicial acts.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"9 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":"116982774","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}

引用次数: 0

Impact of digitalization on the conservation of valuable species of animals 数字化对珍贵动物物种保护的影响

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-1-19-26

E. L. Vlasova, O. V. Ustyantseva

{"title":"Impact of digitalization on the conservation of valuable species of animals","authors":"E. L. Vlasova, O. V. Ustyantseva","doi":"10.20310/2587-9340-2022-6-1-19-26","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-1-19-26","url":null,"abstract":"The relevance of the research topic is due to the intensification of the process of introducing digital technol-ogies into the life of society. The digital transformation of the ecological sphere affects the state of environment and exacerbates the issues of protecting human environment and preserving biological diversity. The choice of topics is explained by the fact that individual representatives of the wild fauna are economically valuable re-sources of conditionally free nature, this attracts criminal communities to the development of the digital envi-ronment and the development of illegal trading networks. The methodology of study, along with general scientific methods, includes specific scientific ones: with the help of the statistical method, quantitative indicators are added to the legal analysis of encroachments on wild animals using the Internet; the culturological method made it possible to identify the influence of the information environment on law-making activities that prevent cybercrime. In the course of studying the topic, special attention was paid to the trade in valuable wild animals in the digital environment and it was found that the trade in wild animals poses a threat to national security, leads to the loss of biodiversity, increases corruption, improves cybercrime technologies, and contributes to the commission of other anti-social acts and deterioration of public health. The formulated proposals for improving the national legislation in terms of the circulation of valuable wild animals are aimed at preserving biodiversity.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"56 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":"117012702","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}

引用次数: 1

The main aspects characterizing the crime disclosure concept 犯罪公开概念的主要特征

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-1-86-92

S. Potapov

{"title":"The main aspects characterizing the crime disclosure concept","authors":"S. Potapov","doi":"10.20310/2587-9340-2022-6-1-86-92","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-1-86-92","url":null,"abstract":"The relevance is due to a comprehensive study of the meanings of the criminal procedural, forensic and op-erational-investigative concepts of crime disclosure. The purpose of work is to analyze the above concepts and establish their significance for solving the problems of criminal justice. Realization of the goal is achieved by us-ing the laws of dialectics, formal logic and the use of general scientific and private scientific research methods. We explore the genesis of the origin of these concepts, their characteristic features, relationship of concepts both among themselves and with the concept of crime investigation. We define and study the criminal procedural concept of the crime disclosure in relation to the concept of its investigation. We conclude that in this case the contents of these concepts coincide, and the concept of crime disclosure loses its scientific significance. The fo-rensic concept of crime disclosure is of great scientific, methodological and practical importance for the crimes investigation. We consider it as the initial stage of the investigation, without which it is impossible to achieve its ultimate goal. We study the operational-investigative concept of crime disclosure, which is legally fixed as one of the main tasks of Operational-Investigative Activity. We study the main features of crime disclosure concept, ways to increase its effectiveness are identified. We conclude that the crime disclosure concept is a forensic and operational-investigative category that has great scientific, methodological and practical significance for solving the problems of criminal proceedings.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"272 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":"121949603","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}

引用次数: 0

Party acts in the system of sources of Soviet law 党在苏联法律渊源体系中的行为

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-3-295-301

Nataliya E. Sadokhina

{"title":"Party acts in the system of sources of Soviet law","authors":"Nataliya E. Sadokhina","doi":"10.20310/2587-9340-2022-6-3-295-301","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-3-295-301","url":null,"abstract":"The system of sources of law is a dynamic developing phenomenon. At the same time, it not only tends to improve its regulatory capabilities, based on social needs, but also has the properties of universality and continuity. This prompts scientists to turn again and again to the problem of the sources of law, while paying attention to both the features of the origin of law and the forms of its expression. The subject of this research is the acts created by party structures in the Soviet period of Russian history, their significance in the legal system of the country and the possibility of referring to one of the types of sources of law known to legal science. The purpose of the research is to consider the influence of party acts on the system of sources of Soviet law, both in the ideal and in the formal legal sense. Objectives: to study the historiography of the issue, to study the features of the Russian legal system in the Soviet period, to determine the place and role of party acts in the system of sources of Russian law. The research methodology is based on the use of both general scientific methods – analysis, deduction, systemic, and private law – formal legal and comparative legal methods. The results of the study are expressed in determining the role and significance of party acts in the system of sources of law of the Soviet period, and in assessing their regulatory capabilities. The scope of the results is educational, scientific, legislative spheres. The significance of party acts for the formation of Russian law in the content and formal legal aspects is revealed. Their doctrinal nature is substantiated.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"386 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":"116843200","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}

引用次数: 0