Current Issues of the State and Law最新文献_第6页

Forced to sexual activities: legal positions of Supreme Court of the Russian Federation and Republic of Kazakhstan 被迫进行性活动:俄罗斯联邦和哈萨克斯坦共和国最高法院的法律立场

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2019-3-10-175-189

A. Biyebayeva, A. Kalguzhinova, Vera A. Chunyaeva

{"title":"Forced to sexual activities: legal positions of Supreme Court of the Russian Federation and Republic of Kazakhstan","authors":"A. Biyebayeva, A. Kalguzhinova, Vera A. Chunyaeva","doi":"10.20310/2587-9340-2019-3-10-175-189","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-10-175-189","url":null,"abstract":"The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime against minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the criminal proceedings orbit. We consider some aspects of the fair juvenile justice standards implementation in the Russian criminal procedure legislation. We analyze the provisions of the key normative acts in the field of juvenile justice, their application practice, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis, we highlight the proceedings features in the criminal cases category: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases in juvenile, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"112 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":"124125594","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

Uncertainty of law as a factor in the stability of legal system (historical example of the USA) 法律的不确定性作为法制稳定的一个因素(以美国为例)

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2021-5-18-235-243

Nataliia S. Latypova

{"title":"Uncertainty of law as a factor in the stability of legal system (historical example of the USA)","authors":"Nataliia S. Latypova","doi":"10.20310/2587-9340-2021-5-18-235-243","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-18-235-243","url":null,"abstract":"Certainty in law is a category that is ambiguously perceived by the scientific legal community. We make an attempt to analyze the meaning and role of the category of certainty in the process of creating a stable legal system with historical continuity. On the example of the US and France legislation, we give polar examples of the implementation of certainty of lawprinciple. We conclude about the undoubted usefulness and necessity of preserving this principle in the Russian legal system. However, a study of the French experience of legal regulation has shown that the desire for certainty, achieved through an overly detailed regulation of public relations, only cre-ates additional problems of interpretation and law enforcement, strengthening legal nihilism and citizens' distrust of law. At the same time, the American model, implying some uncertainty of law, has shown its effectiveness in its historical example. The ambiguity and framework nature of the American Constitution and basic federal laws makes it possible to interpret and concretize their provisions in judicial precedents in different ways, depending on the era and socio-political situation, which contributes to the flexibility and stability of the US legal system. In conclusion, it is noted that domestic legislators need to strive for a gradual transition to the American model of implementing the principle of certainty of law, while providing for detailed regulation of public relations at the level of bylaws. Such an approach will preserve the historical continuity and existence of basic normative acts for several decades, preserve the stability and predictability of legal regulation.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"5 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":"125424530","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 measures to counter the illegal implementation of activities for the provision of consumer credits (loans) 关于打击非法实施提供消费信贷(贷款)活动的措施

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-3-331-336

Alavdin S. Gardaloev

{"title":"On measures to counter the illegal implementation of activities for the provision of consumer credits (loans)","authors":"Alavdin S. Gardaloev","doi":"10.20310/2587-9340-2022-6-3-331-336","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-3-331-336","url":null,"abstract":"We conduct a detailed analysis of the current legislation regulating the suppression of illegal activities in the financial market. Particular attention is paid to the provisions of Article 1715 of the Criminal Code of the Russian Federation. Among other things, this study shows in most detail the invaluable role of the Central Bank of Russia as a regulator of law enforcement activities, namely in the issue of suppressing the illegal activities of banks and non-banking credit organizations in the financial market, the trend of its further activities in this legal aspect. We substantiate the debatable, actively discussed opinion in the legal community, which states that the lack of an exhaustive list of non-banking financial institutions that are entitled to issue a consumer loan complicates the work of law enforcement agencies to identify entities that do not have the authority to carry out such activities. It is also worth noting separately that the work below provides the author's arguments in support of the introduction of a qualitatively new article 1715 of the Criminal Code of the Russian Federation. Among other things, this study proposes options for further legal regulation of countering the illegal implementation of activities for the provision of consumer credits (loans), supported by references to the current regulatory legal acts.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","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":"130269786","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

THE SPECIFICS OF THE CRIMES COMMITTED IN THE SPHERE OF LAND RELATIONS: CRIMINOLOGICAL ASPECT 土地关系领域犯罪的具体特征:犯罪学方面

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2019-3-9-55-65

P. P. Orlov

{"title":"THE SPECIFICS OF THE CRIMES COMMITTED \u0000IN THE SPHERE OF LAND RELATIONS: \u0000CRIMINOLOGICAL ASPECT","authors":"P. P. Orlov","doi":"10.20310/2587-9340-2019-3-9-55-65","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-9-55-65","url":null,"abstract":"We consider criminological regularities, tendencies and state of crimes committed in the sphere of land relations. The purpose of the study is to identify the specifics of crimes committed in this area. We study and analyze statistical data of federal government institution “Main Information and Analysis Center of the Ministry of Internal Affairs of the Russian Federation” on crimes of an economic orientation where the land plot acts as a subject of criminal encroachment. We designate the key factors that directly affect the commission of crimes of the investigated type. Based on the study of criminal cases in the field of land relations we reveal that the age of 45 to 49 years is characterized by the greatest criminal activity. A distinctive feature of crimes committed in the sphere of land relations – the presence of a certain social status-was characterized. The determine features of crimes committed in this sphere are formulated. In addition, we propose a number of constructive measures aimed at preventing crimes committed in the sphere of land relations. We analyze regional programs of subjects of the Russian Federation providing security and protection of private, state, municipal and other forms of ownership. We believe that it is possible to present the prevention of crimes committed in the field of land relations in the form of a plan that includes elements of general and special prevention. The conclusion is formulated and justified on the need to highlight the prevention of crimes committed in the field of land relations as an independent section of the national plan to combat corruption.","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":"129501422","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

Moral damage and psychological trauma as grounds for tort liability 精神损害和心理创伤作为侵权责任的依据

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2023-7-1-81-88

N. Zaytseva

{"title":"Moral damage and psychological trauma as grounds for tort liability","authors":"N. Zaytseva","doi":"10.20310/2587-9340-2023-7-1-81-88","DOIUrl":"https://doi.org/10.20310/2587-9340-2023-7-1-81-88","url":null,"abstract":"The work is devoted to the study of subjective component of participants in tort relations in cases where the psycho-emotional state of an individual is negatively affected. The procedure and conditions for compensation for moral damage, the concept of nervous shock and the conditions for compensation for damage, if any, are analyzed. The comparative legal method and the formal logical method are used Based on the results of this study, the main conditions for compensation for moral damage and nervous shock are determined, and the subjective factor is determined, which plays a key role in bringing the tortfeasor to justice. A retrospective analysis of the formation of psychological trauma legal understanding as an independent legal category and the conditions for compensation for damage in the event of its occurrence is carried out. Such theories of compensation for damage as the “impact theory”, the theory of primary and secondary victims, the thin skull rule, which played a predominant role at various stages of the development of tort law, are considered. The scientific novelty of the work lies in the determination of the main conditions for compensation for moral damage and the influence on the conditions of compensation of individual elements of the subjective factor.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"95 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":"124874084","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 the difference in the legislative approach to the establishment of certain types of terms within the framework of the state (municipal) contract and the problem of concept defining of “working day” 论州(市)合同框架内某些类型条款设置的立法路径差异及“工作日”概念界定问题

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2022-6-1-52-59

V. Kramskoy

{"title":"On the difference in the legislative approach to the establishment of certain types of terms within the framework of the state (municipal) contract and the problem of concept defining of “working day”","authors":"V. Kramskoy","doi":"10.20310/2587-9340-2022-6-1-52-59","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-1-52-59","url":null,"abstract":"From the standpoint of a practice-oriented approach, the problem of inconsistent legal regulation of the in-stitution of the term and the procedure for calculating it in the contracts used to provide public legal entities represented by authorities and other persons with goods, works, services is investigated. Little attention is paid to this problem in the scientific literature, despite the fact that certainty in the order of calculation of deadlines is essentially of a general legal nature, solutions to this issue are applicable to many spheres of public life. The at-tention is focused on the establishment of the types of terms used in the Russian legal jurisdiction to streamline the economic sphere of interaction of subjects of civil law and calculated in calendar, working, banking days. The existing differentiation in the legislation in the use of different types of deadlines within the contract system does not contribute to the realization of the idea of building an optimal model of state and municipal procure-ment, the explanation for which should be sought in the imperfection of the provisions of Article 190 of the Civil Code of the Russian Federation regarding the rules for determining the periods of flow deadlines. We propose the best option for adjusting regulations taking into account the existing practice of law enforcement and trends in the development of legislation.","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":"131360736","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

Are juvenile participants in criminal proceedings entitled to testify incriminatingly? 参与刑事诉讼的青少年是否有权指证有罪?

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2023-7-2-331-337

I. V. Ovsyannikov

{"title":"Are juvenile participants in criminal proceedings entitled to testify incriminatingly?","authors":"I. V. Ovsyannikov","doi":"10.20310/2587-9340-2023-7-2-331-337","DOIUrl":"https://doi.org/10.20310/2587-9340-2023-7-2-331-337","url":null,"abstract":"The problematic issue for theory and practice of the possibility of applying norms of the pre-trial agreement institute on cooperation to juvenile suspects and defendants is studied. The relevance of issue is due to the fact that the specified legal institution is successfully used in the practice of combating group crime, and for juveniles it is the group way of committing crimes that is typical. The legal position of the Plenum of Supreme Court on the issue under study is analyzed, its shortcomings are noted. The refusal to conclude a cooperation agreement with a juvenile in order to exclude a threat to the personal safety of a teenager from the exposed persons is subjected to critical analysis. In our opinion, in order to achieve this goal, another measure would be necessary – a ban on juvenile defendants to expose other persons of involvement in the commission of crimes. Taking into account the fact that the law obliges juveniles who have the procedural status of a victim or witness to give truthful testimony of a revealing nature, it is concluded that the right to give similar testimony to a minor suspect, accused should not be denied. The conclusion of a preliminary cooperation agreement in the interests of the accused himself and the whole society.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"485 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":"116192944","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

Legal basis of the digital economy in the Russian Federation 俄罗斯联邦数字经济的法律基础

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2023-7-2-190-197

A. Kuznetsov, P. Kuznetsov, E. Kuzmenko

{"title":"Legal basis of the digital economy in the Russian Federation","authors":"A. Kuznetsov, P. Kuznetsov, E. Kuzmenko","doi":"10.20310/2587-9340-2023-7-2-190-197","DOIUrl":"https://doi.org/10.20310/2587-9340-2023-7-2-190-197","url":null,"abstract":"Topical issues related to the development of a digital society and the digitalization of the modern system of financial and economic activities, which led to the need for the formation and implementation of regulatory legal acts in the field of the digital economy, are revealed. The digital economy is an important component of the fourth industrial revolution. The authors set themselves the goal of considering digital technologies and new digital opportunities that have begun to appear among business entities, public authorities and administrations, as well as consumers of goods, works and services. New business models are emerging, intangible assets are being formed based on the use of big data technology. The main source of cost formation is high-speed processing of huge data arrays. All this requires certain legal regulation. General scientific and special legal methods were used as research methods. The main attention was paid to the method of analysis. The study found that basically the issues of the legal basis of the digital economy are aimed at resolving the economic security of digital platforms of the individual, business and the state in the digital economy. They are related to the protection of personal data, digital identity, protection of e-commerce, online security, financial and economic activities, etc. Of course, not all issues of the digital economy are regulated by law, which is the basis for the formation of a scientific and practical basis for analysis and legislative initiatives.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"7 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":"121111946","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

Private military companies: problems and prospects of legal regulation in Russian Federation 私营军事公司:俄罗斯联邦法律监管的问题与前景

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2019-3-10-235-242

Sergey Vladimirovich Shishmonin

{"title":"Private military companies: problems and prospects of legal regulation in Russian Federation","authors":"Sergey Vladimirovich Shishmonin","doi":"10.20310/2587-9340-2019-3-10-235-242","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-10-235-242","url":null,"abstract":"In today’s world in a market economy condition and a complex geopolitical situation quite actively began to develop private military companies. However, the activity of these companies is a very urgent problem of legislative consolidation. We show European experience of private military companies legislative regulation. Especially great success in this field has reached the country, which is the main consumer of military companies services - the United States. However, this issue is becoming more and more urgent for Russia. On the territory of Russia there is a kind of “de facto”: private military companies exist, their activities are not regulated, and all this in the conditions of a legislative ban on mercenarism. Therefore, the need for legislative regulation of the military organizations activities expressed by many representatives of state power. The adoption of the law on private military companies would be a very relevant and safe way to legalize the private military companies activities. We show the main directions of possible decisions implementation by representatives of state bodies of Russia. Small steps in this direction have been taken, however, a full-fledged law has not been adopted at the moment, and the prospects for the implementation of bills in this direction are quite vague.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"17 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":"116420193","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

NARCOTISM AS A SOCIAL PHENOMENON THAT DESTROYS PEOPLE AND SOCIETY 吸毒是一种破坏人和社会的社会现象

Current Issues of the State and Law Pub Date : 1900-01-01 DOI: 10.20310/2587-9340-2019-3-9-114-123

Vadim Vitalyevich Harin, T. Plotnikova

{"title":"NARCOTISM AS A SOCIAL PHENOMENON THAT DESTROYS PEOPLE AND SOCIETY","authors":"Vadim Vitalyevich Harin, T. Plotnikova","doi":"10.20310/2587-9340-2019-3-9-114-123","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-9-114-123","url":null,"abstract":"We consider such social phenomenon as narcotism. This concept goes back to the past. However, in modern conditions there is an activation of the process destroying society and the state. In itself, the concept of narcotism is very extensive and complex, due to its specificity and the set of circumstances that characterize this concept. We consider features of drug addiction, the reasons of emergence and development of this phenomenon are revealed. There are two groups of causes of narcotism: social and physiological. The first group is the most numerous, and the second group without interrelation with social conditions some scientists don't recognize. Narcotism is a very destructive phenomenon that destroys the human body and its social personality, causes dependence. We consider the mechanism of reliance on drugs in two aspects: human adaptation to drugs, physical and mental dependence. Physical and psychological dependence is the most dangerous for a person who has used drugs for the first time. In the future, they form harmful to humans, the habit of consumption of “poison”. We reveal and consider the aspects of society destruction under the influence of this phenomenon. Narcotism has a destructive impact on society, as it contributes to the development of diseases and crime.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"113 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":"125250013","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