Current Issues of the State and Law最新文献

{"title":"On the development and implementation of regional law-making policy in the field of support and stimulation of innovative activity (on the example of the Tambov Region)","authors":"V. V. Trofimov","doi":"10.20310/2587-9340-2021-5-18-253-270","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-18-253-270","url":null,"abstract":"The work raises an issue of development and implementation of the Russian regional law-making policy in the direction of ensuring innovative activity. The Tambov Region is regarded as a region for scientific and practical generalizations, conclusions, and recommendations. Some lagging of the regional levels behind similar policies at the federal level, where a significant number of legislative acts regulating innovation relations have been adopted, is stated. The legislative prescriptions that determine the task of developing innovative relations for the constituent entities of the Russian Federation, including through purposeful lawmaking in this direction, are indicated. It is proved that, according to the Constitution of the Russian Federation, the authorities of the constituent entities of the Russian Federation have a sufficient number of powers to pursue a law-making and power-adminis-trative policy in the field of science, technology, innovation. The steps taken in the Tambov Region in this direction are assessed. Critical remarks and recommendations are expressed regarding the improvement of the law-making policy in the field of innovations in the territory of the Tambov Re-gion.","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":"125422300","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 aspects of the leasing agreement and features of leasing legal relations in modern Russia","authors":"V. Bulgakov, D. Bulgakova","doi":"10.20310/2587-9340-2023-7-2-238-248","DOIUrl":"https://doi.org/10.20310/2587-9340-2023-7-2-238-248","url":null,"abstract":"The relevance of the study of stated topic is due to the rapid development of various types of legal relations in Russian civil society, and directly in legal relations related to entrepreneurship and other economic activities. The active development of a market economy in our country requires a large amount of funding in various areas of production. The state policy in the field of economic development is maximally aimed at developing and supporting various levels of business. The use of leasing significantly helps the development of entrepreneurship. The purpose of the study is to identify theoretical points that require revision and clarification both on the part of the scientific community and on the part of practicing lawyers, as well as to identify gaps in the current legislation in the field of leasing. Based on the above goal, we form the following tasks: to investigate the position of the leasing agreement in modern legislation and civil law doctrine, to identify the weaknesses of the legal regulation of the leasing agreement, to identify legal and technical shortcomings of regulatory legal acts in the field of the financial lease agreement. Methods used in the course of the study: analysis, synthesis, historical and legal method, comparative legal method. The practical value of the material is due to the fact that the results of the study can be used when concluding, changing and terminating a financial lease agreement, as well as in further reforming this area of civil law. The theoretical value lies in the possibility of using the materials of the study in the further study of the financial lease agreement, as well as in the study and teaching of civil law disciplines. As a result of the study, the gaps in the civilistic doctrine regarding the leasing agreement are identified, the conclusion is made about the need to single out the leasing agreement as a separate category of agreements, the need to make the term of the leasing agreement as a mandatory condition is determined, the current legislation is analyzed from the point of view of its compliance with the practice of applying the leasing agreement, as well as from legal and technical standards.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"32 4 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":"127178341","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":"Constitutional doctrine of “white” Russia: written and unwritten constitution","authors":"D. Zaynutdinov","doi":"10.20310/2587-9340-2021-5-20-627-644","DOIUrl":"https://doi.org/10.20310/2587-9340-2021-5-20-627-644","url":null,"abstract":"The development of constitutionalism in the anti-Bolshevik state formations during the Civil Period in Russia (1918–1920) is one of the most poorly studied historical and legal issues. In this regard, the purpose of this work is determined to investigate the influence of constitutional doctrines and teachings on the constitutional development of “white” Russia. The main at-tention is paid to the study of anti-Bolshevik legislator positions regarding the question of what the constitution of the future Russia should be – written or unwritten. We analyze the state legal views and scientific works of such lawyers as P.G. Vinogradov, V.A. Maklakov, S.A. Korf, I.A. Ilyin, \u0000L.A. Schalland and others. We prove that the representatives of the liberal-democratic and conservative-liberal legal thought played the primary role in solving this issue. The research methodology includes general scientific methods, such as analysis, comparison, methods of logic, etc. Private law methods made it possible to reveal and explain the meaning of state legal doctrines (the method of legal hermeneutics) and to compare the legal categories and institutions that the jurists of the specified period operated with (comparative legal method). In conclusion, we conclude that constitutional doctrines were an important part of the legal path of development of the “white” statehood.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"27 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":"127295493","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":"Form of government in the interpretation of Russian pre-revolutionary lawyers","authors":"L. Morozova","doi":"10.20310/2587-9340-2019-3-11-281-295","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-11-281-295","url":null,"abstract":"We consider the views of Russian scientists (I.A. Ilin, N.M. Korkunov, N.I. Lazarevskiy, I.L. Solonevich, L.A. Tikhomirov) regarding the form of government in Russia in the late 19th – early 20th century and the prospects for its development. The author states the merits of pre-revolutionary lawyers in creating a classification of government forms and in substantiating the features of the distinction between monarchical and republican forms of government, which modern theorists have not been able to fully implement. In pre-revolutionary jurisprudence there was no unity of opinion about the form of government established in Russia after the Manifesto of October 17, 1905. The researchers divided into two groups: one of them was made by scientists who considered the state system “the original Russian state order”, but only updated. According to another group, Russia has become a constitutional monarchy. I.L. Solonevich and I.A. Ilin made predictions about the inevitable collapse of the communist regime, so their thoughts were turned to the people who will remain on the ruins of the USSR and who will have to start a new state construction. At the same time, they proceeded from the fact that the Russian people have a sense of order, stability and great powerness. It is emphasized that all the analyzed scientists’ points of view paid great attention to the distinction between the concepts of absolute and autocratic monarchy, proving that absolutist arbitrariness and autocracy are not the same.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"148 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":"123471179","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Current state of the legislation system regulating the police activities","authors":"Ilya Vladimirovich Emelyanov, Violina Aleksandrovna Subocheva","doi":"10.20310/2587-9340-2019-3-12-498-506","DOIUrl":"https://doi.org/10.20310/2587-9340-2019-3-12-498-506","url":null,"abstract":"The police effectiveness in modern Russia depends not only on the professional training of employees, their logistical support and other factors, but a large role belongs to the legal tools at their disposal. But in practice, a certain legal collision periodically arises – the problem of the discrepancy be-tween legal norms of objective reality or, in some cases, the complete ab-sence of legal regulation of a certain circle of social relations. Given this, the study of the legislation system regulating the police activities is particularly relevant. In this work, we evaluate the current system of legislation regulating the police activities. In addition, we suggest ways to improve the systemati-zation of departmental police regulations. Thus, we state that the existing significant number of regulatory legal acts of the police system and the scope of relations, which are regulated by departmental norms, determine the need for codification work. We suppose that the problems of the large number of departmental normative acts can be solved with the help of such systematic activity as consolidation, that is, combining several acts into one larger one without significant changes to the text. In this work, we propose a definition of the term “police”, which needs legislative consolidation in the Federal Law “On Police”.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"6 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":"121591538","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 essence of public expertise as a form of public control","authors":"R. Zelepukin, Anna V. Lipuntsova","doi":"10.20310/2587-9340-2022-6-3-278-285","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-3-278-285","url":null,"abstract":"The problem is posed by the fact that under the current conditions, public expertise does not reveal the potential of its social significance, it is required to resolve issues of initiative, expanding the objects of public expertise, proper acceptance and accounting for the results of expertise, responsibility for ignoring them, as well as the ratio of types of public expertise based on their level regulation. The purpose of work is to identify and analyze the essence of public expertise as a form of public control. The subject of the study includes the regulatory framework for organizing and conducting public expertise as a form of public control, doctrinal approaches to the essence and content of public expertise, as well as the practice of conducting it. The methodological basis of the presented work is modern general scientific methods and techniques of cognition. We use dialectical, structural-functional, formal-legal, comparative-legal, system-structural and other methods. We establish that the legislative definition of public expertise provides in its content for the evaluation of not only normative legal acts and their drafts, but also other documents, as well as actions (inaction) of public authorities, however, in practice, normative legal acts and their drafts have become the main object of public expertise, which actually limits its essence and purpose.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"13 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":"130441174","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 work of the Soviet advocacy to provide free legal assistance to Russian citizens and promotion of legal knowledge in 1918–1940 (on the materials of the Kursk region)","authors":"Vasilii P. Pashin","doi":"10.20310/2587-9340-2023-7-1-60-70","DOIUrl":"https://doi.org/10.20310/2587-9340-2023-7-1-60-70","url":null,"abstract":"At present, not only theoretical, but also pragmatic interest in the historical experience of the Soviet state is growing. Not infrequently, this experience is passed off as short stories in modern reality. One of these misconceptions is the provision of free legal assistance to Russian citizens. The purpose of this work is to analyze the process of formation and activities of the lawyer community in Soviet Russia, where the main task is to study the identification of the reasons for the provision of free legal assistance to the population. The conclusion about the regulatory function of the state in providing comprehensive legal assistance to the population is substantiated. The methodological approach is based on the historical method, the formal legal method, and the dialectical method. It is established that the Soviet state administratively determined the rates for legal services provided, depending on the social status of a citizen and his income. The processes of growth of categories of persons receiving legal assistance free of charge are revealed. The role of the advocacy in the promotion of Soviet normative legal acts, primarily in the peasant environment, its public work as a whole is shown. Reasons and methods of liquidation of private practicing lawyers are substantiated. The identified documents allow you to re-evaluate a number of aspects in the activities of the Bar in the specified chronological framework.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"18 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":"130445755","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 absence of criminal law regulation of the use of artificial intelligence","authors":"Alexander V. Sinelshchikov","doi":"10.20310/2587-9340-2022-6-4-601-610","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-4-601-610","url":null,"abstract":"The main regulatory and regulatory and technical acts that streamline the use of artificial intelligence technologies in the Russian Federation and in countries of far and near abroad are considered, and the need for prompt resolution of general legal problems and issues of a criminal law nature is proved, since the main feature that distinguishes crimes with the use of artificial intelligence from traditional types of crimes is the possibility of mass distribution of software with its use, the openness of information platforms, forums and sites where methods and methods of its application are discussed, as well as the high probability of anonymity of criminals who commit crimes using artificial intelligence for a fee in cryptocurrency. The goal is to give the author's definition of the concept and essence of artificial intelligence technology. In the course of the study, the properties of artificial intelligence are revealed, various doctrinal approaches to the definition of the concept of artificial intelligence and its essential features are analyzed, on the basis of which the author’s vision of the category under consideration is developed. Various scientific definitions of artificial intelligence are ordered in accordance with various criteria, the main features inherent in artificial intelligence are investigated, the necessary and sufficient conditions for recognizing an intellectual system are identified.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"97 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":"129494447","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 institution of criminal case termination as an object of legal regulation in the system of criminal procedure legislation","authors":"Natalya M. Peretyatko, Anton E. Fedyunin","doi":"10.20310/2587-9340-2022-6-1-93-102","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-1-93-102","url":null,"abstract":"The relevance of work is due to the presence of legal problems of the institution of criminal case termina-tion, which have accumulated in recent years and the need to develop measures for the legal regulation of this sphere of legal relations. The purpose of work is to study the institute of criminal case termination as an object of legal regulation. The objectives of the study are to identify trends in the development of the institution of criminal case termination, emerging legal contradictions, respect for the rights of participants in the process, as well as developing proposals and recommendations for solving existing problems. We use classical methods of legal research: analysis, synthesis, generalization of law enforcement practice, logic. Based on the analysis of legislation, decisions of higher courts and law enforcement practice, a conclusion is made about the emerging trends in the field of reforming the institution of criminal case termination, primarily related to the realization of the right of persons to rehabilitation. We substantiate the conclusion that the power to terminate the criminal case in the sense of understanding it as a final decision should be entrusted to the court, since in its essence this is its resolution on the merits. We prove the need to reform the institution of criminal case termination, however, the legislator should focus on correcting its contradictions, inaccuracies and existing gaps in order to bring it into line with the norms enshrined in the Constitution of the Russian Federation, the principles proclaimed by it and the purpose of criminal proceedings.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"6 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":"131637583","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":"Industrial safety under the Russian Federation legislation: theoretical and legal analysis","authors":"N. Kovaleva, A. A. Zozulya","doi":"10.20310/2587-9340-2022-6-4-646-656","DOIUrl":"https://doi.org/10.20310/2587-9340-2022-6-4-646-656","url":null,"abstract":"The realities of the modern world order are objectively related to the complication of technological processes: the embedding of specific subjects in them, the use of artificial intelligence and artificial intelligence technologies, as well as the expansion of regulation on an ever greater range of social relations. These factors focus on the modernization of legal regulation in the field of protection of industrial facilities. We analyze the legal definitions of industrial safety and formulate the objectively present difficulties in identifying its content component. We consider and group the basic approaches to the interpretation of industrial safety existing in science. When forming a legal definition that most fully reflects the essence of the category under study, it is proposed to highlight the aspects that should be taken into account in the further study of industrial safety and improvement of the current legislation, namely: a complex of threats of various origins, a set of protected interests and activities of industrial safety ensurers. We make an attempt of the author’s interpretation of industrial safety as a specific area of public relations in the industrial sphere. The streamlining of such relations to a large extent occurs with the help of technical norms, where there is invariably a more detailed regulation of complex operations and processes. An appeal to the history of the regulation of industrial production in the Russian Empire made it possible to draw generalizations and conclusions about the need for further study of this category in order to minimize risks and prevent global man-made disasters. Understanding the legal nature of industrial safety can be important for more effective regulation of complex legal relations in the industrial sector of the economy.","PeriodicalId":183203,"journal":{"name":"Current Issues of the State and Law","volume":"67 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":"130690705","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}