Pravosudie / Justice最新文献_第6页

Incentives and Restrictions of the Conciliation Procedures Development in Russia 调解程序在俄罗斯发展的激励与限制

Pravosudie / Justice Pub Date : 2019-11-01 DOI: 10.17238/issn2686-9241.2019.1.85-97

V. Ocheredko, Oleg V. Ocheredko

引用次数: 0

Information Technology in the Jury: World Experience and the Possibility of its Implementation in the Russian Legal Field 陪审团中的信息技术:世界经验及其在俄罗斯法律领域实施的可能性

Pravosudie / Justice Pub Date : 2019-11-01 DOI: 10.17238/issn2686-9241.2019.1.108-123

V. V. Khatuaeva

引用次数: 0

On the Essence of Public Security as a Type of National Security in the Context of an Integrative Approach to the Understanding of Law 从法学理解的综合视角看公共安全作为国家安全的本质

Pravosudie / Justice Pub Date : 2019-11-01 DOI: 10.17238/issn2686-9241.2019.1.12-30

Vladimir U. Hatuaev, D. D. Solodovchenko

引用次数: 0

Theory of Legal Understanding in the Postmodern Epoch 后现代时代的法律理解理论

Pravosudie / Justice Pub Date : 2019-11-01 DOI: 10.17238/issn2686-9241.2019.1.139-155

Andrey V. Scorobogatov, A. Krasnov, R. Sharifullin, L. Gumerov

引用次数: 1

The Development of Norms on the Dismissal of an Employee on the Initiative of the Employer During the Economic Liberalization of the 1920s 20世纪20年代经济自由化时期雇主主动解雇雇员规范的发展

Pravosudie / Justice Pub Date : 2019-11-01 DOI: 10.17238/issn2686-9241.2019.1.205-214

N. Demidov

引用次数: 0

Legal and Individual Regulation of the Financial Relations 金融关系的法律规制与个人规制

Pravosudie / Justice Pub Date : 2019-11-01 DOI: 10.17238/issn2686-9241.2019.1.182-191

Svetlana V. Miroschnik

引用次数: 0

Accelerated Pre-Trial Proceedings in the Russian Criminal Process: Formation of Optimal Models 俄罗斯刑事诉讼程序中的加速审前程序:最优模型的形成

Pravosudie / Justice Pub Date : 1900-01-01 DOI: 10.37399/2686-9241.2022.1.103-121

O. Kachalova, Vadim M. Gerasenkov

{"title":"Accelerated Pre-Trial Proceedings in the Russian Criminal Process: Formation of Optimal Models","authors":"O. Kachalova, Vadim M. Gerasenkov","doi":"10.37399/2686-9241.2022.1.103-121","DOIUrl":"https://doi.org/10.37399/2686-9241.2022.1.103-121","url":null,"abstract":"Introduction. In modern conditions of optimisation of criminal proceedings and improvement of its efficiency, it is very important to analyse various models of accelerated pre-trial proceedings in criminal cases of minor and moderate crimes. Theoretical Basis. Methods. The object of the study is the criminal procedural legal relations that arise, change and terminate in connection with the use of accelerated procedural models in the course of pre-trial proceedings in criminal cases. The methodological basis of the research is the general dialectical method of scientific cognition, which made it possible to study the subject of research in relation to other legal phenomena, as well as general scientific methods of cognition (analysis, synthesis, induction, deduction, analogy, modeling) and private scientific methods of cognition (formal legal, historical-legal, comparative-legal, and concrete-sociological. Results. The author came to the conclusion that the accelerated criminal procedure procedures, depending on the totality of their procedural elements, can be conditionally divided into general, conciliatory (compromise) and protocol procedures. The criteria for differentiating models of accelerated pre-trial proceedings are criminal law, criminal procedure, organisational and criminological. The structure of the criminal law criterion consists of the category and severity of the crime committed. The content of the criminal procedure criterion is the discretionary powers of authorised officials to carry out an investigation in a particular accelerated pre-trial procedure, the will of the participants in the criminal process, and the reduction of the proof process. This latter point may include and in different ways combine, elements to narrow the subject of proof, reduce the duty of proof, correct the stage of verification of evidence and limit the means of proof. Organisational differentiation criterion determines, first, the corresponding accelerated pre-trial opportunity for establishment of circumstances, (subject to proof), and secondly, the benefits of these industries to focus on the investigation of more complex and socially dangerous crimes. The criminological criterion of differentiation is characterised by the characteristics of the personality of the person subject to criminal prosecution and the victim and determines the possibility of applying a particular accelerated pre-trial procedure, taking into account these properties. Accelerated forms of pre-trial proceedings are basically based on various methods of speeding up the process of criminal trial. These methods can be conditionally defined as general and special. The general method of speeding up pre-trial proceedings is characterised by a reduction in the duration of the investigation, as well as the removal of certain investigative and procedural actions from the procedure of procedural regulation. The special method involves speeding up pre-trial proceedings in order to reduc","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"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":"128686935","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

Digital Technologies in Russian Criminal Proceedings: Limits and Problems of Implementation 俄罗斯刑事诉讼中的数字技术:限制和实施问题

Pravosudie / Justice Pub Date : 1900-01-01 DOI: 10.37399/2686-9241.2022.1.71-86

Tatyana G. Borodinova

{"title":"Digital Technologies in Russian Criminal Proceedings: Limits and Problems of Implementation","authors":"Tatyana G. Borodinova","doi":"10.37399/2686-9241.2022.1.71-86","DOIUrl":"https://doi.org/10.37399/2686-9241.2022.1.71-86","url":null,"abstract":"Introduction. Digitalisation is one of the important developments and trends in modern Russian legal proceedings. This has become especially relevant in the context of a modern pandemic. The digitalisation of the judicial system made it possible in the new conditions to successfully resolve the problems of accessibility to justice. The intensive process of digitalisation of legal proceedings requires analysis by scientists and law enforcement officers. Digitalisation refers to the quality of communication-digital technologies and their compliance with the necessary high standards of guaranteed protection of the rights of persons involved in the sphere of legal proceedings. Digital technologies are in demand for progressive procedural means. They can be combined into various stages of the regulation of criminal procedure. Attention is drawn to the need for a nuanced approach to the use of digital technologies in different types of legal proceedings. The uniqueness of the criminal process, which contains important moral principles, the implementation of which cannot be automated, is emphasised. The criteria for the admissibility of the use of digital technologies by the court when considering criminal cases are resolved. Theoretical Basis. Methods. The theoretical basis of this article was modern scientific works of domestic and foreign jurists, which are devoted to the discussion of the problems of digitalisation of legal proceedings. The scientific research methods used in the process of work was determined based on the purpose of the study, namely the clarification of the place of digital technologies in the system of regulation of criminal procedures. The research is based on such fundamental general scientific methods as dialectical, systemic, logical, structural and functional. Also, such private scientific methods were used as historical-legal, formal-legal, comparative-legal, etc. Results. The active introduction of digital technologies in the sphere of legal proceedings in the Russian Federation is the result of a significantly increased value in the scientific and technical potential of modern innovations in the life of society and the goals of the state aimed at improving the quality of the administration of justice. The process of digitalisation of legal proceedings should be arranged taking into account the preservation of guarantees of the rights of citizens to fully-fledged judicial protection. This cannot be carried out exclusively in an “automatic” way. The importance of moral foundations and the presence of inalienable emotional and cognitive components in the content of the criminal procedural activity of the court require a nuanced approach to the issue of the scope and possibilities of using digital technologies in the process of justice. The conceptual approach to digitalisation of criminal proceedings must be based on its traditional fundamental basis. Digital technologies used by a court in criminal proceedings must meet the","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","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":"134321325","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 Institution of Conditional Early Release from Serving a Sentence in the Criminal Legislation of Russia and Foreign Countries 俄罗斯及其他国家刑事立法中的条件提前释放制度

Pravosudie / Justice Pub Date : 1900-01-01 DOI: 10.37399/2686-9241.2022.1.87-102

Sergey L. Babayan, A. Hayrapetyan, K. K. Garibyan

{"title":"The Institution of Conditional Early Release from Serving a Sentence in the Criminal Legislation of Russia and Foreign Countries","authors":"Sergey L. Babayan, A. Hayrapetyan, K. K. Garibyan","doi":"10.37399/2686-9241.2022.1.87-102","DOIUrl":"https://doi.org/10.37399/2686-9241.2022.1.87-102","url":null,"abstract":"Introduction. Conditional early release from serving a prison sentence (hereinafter referred to as parole) refers to the important means of positively stimulating the correction of convicts and contributes to the prevention of offences and crimes – recidivism – in place of the deprivation of liberty. The article examines the domestic and foreign experience of the legal regulation of the institute of parole in order to optimise domestic criminal and penal enforcement legislation, taking into account foreign experiences. Proposals for improving the effectiveness of the use of the parole mechanism in law enforcement practice are suggested as a result of the grounds and conditions for the use of the incentive institution of parole in some countries of the Commonwealth of Independent States (hereinafter referred to as the CIS), as well as in England, Germany, China, etc. Particular attention is paid to the problem of parole in relation to those subject to life imprisonment. Based on the study of the experience of developed foreign countries, proposals for improving this institution are made, including the adjustment of the mechanism of parole in relation to life sentences to imprisonment in Russia. Theoretical Basis. Methods. The theoretical basis of the research was Russian and foreign scientific works in the field of criminal and penal enforcement law. In particular, texts devoted to both the application of parole in general and the specifics of the application of this institution in relation to life-deprived of liberty were employed. The use of the formal legal method of research allowed the identification of the patterns of judicial practice on the use of parole in relation to those sentenced to imprisonment, and the use of the comparative legal method allowed the identification of ways to improve the institution of parole, taking into account foreign experience. Results. The article reveals the most significant problems of legal regulation of the use of parole in relation to those sentenced to imprisonment. The article analyses individual amendments and additions made to the Criminal Code of the Russian Federation, the Penal Enforcement Code of the Russian Federation, the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 21.04.2009 No. 8 (“On judicial practice of conditional early release from serving a sentence, replacement of the unserved part of the punishment with a milder type of punishment”). There is an outline of the main directions for further improvement of the institution of parole in relation to convicts. Discussion and Conclusion. Although the application of the norms of the institute of parole stimulate the law-abiding behaviour of those sentenced to imprisonment, this institution is not applied by the courts to those sentenced to life imprisonment. The author proposes to change the mechanism of parole in relation to life convicts in Russia. Specifically, the proposal is the possibility of transferring po","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"15 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":"123151433","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

Roman Iustitia Naturalis and Modern Positivist Justice 罗马自然法与现代实证主义正义

Pravosudie / Justice Pub Date : 1900-01-01 DOI: 10.37399/2686-9241.2022.1.144-168

L. Kofanov

{"title":"Roman Iustitia Naturalis and Modern Positivist Justice","authors":"L. Kofanov","doi":"10.37399/2686-9241.2022.1.144-168","DOIUrl":"https://doi.org/10.37399/2686-9241.2022.1.144-168","url":null,"abstract":"Introduction. The modern definition of the concept of “justice” is too narrow when we compare it to the famous Roman classical definition of the concept of iustitia as a synonym for justness. Justness is expressed by the constant will to “grant everyone their right”. Ancient thinkers associated the concept of justice with natural law, which unfortunately, is almost lost in modern legal theory. Theoretical Basis. Methods. The article was prepared using general scientific methods (systemic, logical) and special legal methods (comparative legal, formal legal). Results. The concept of “justice” arguably first appeared in Ancient Greece during the 6th to 2nd centuries BC in the philosophy of Pythagoras, Plato, Aristotle and the Stoics. Plato contrasted this understanding of justice with the right of the strong. In the first century BC, Cicero developed this concept further, stating that justice proceeds from natural law, based on the principles of love, friendship, trust and consent. As these principles do not apply equally at different levels (that is, in the family, between friends, between trade partners, between fellow citizens, between foreigners, etc.), the main task of justice is to make an honest allocation of justness to everyone. The Roman lawyer and philosopher would argue that human laws that reject iustitia naturalis lead to lawlessness and the collapse of society. In discussion with Carneades, (who argued that natural justice is folly, and that real civil justice is based on the protection of the benefit or utilitas of the strongest), Cicero argued that without mutual love, trust and friendship, the common benefit of society as a whole, based on the fundamental concept of honesty (honestum), suffers. These principles were adopted by the Roman classical jurists and Justinian compilers in the famous definition of iustitia. Discussion and Сonclusion. Unfortunately, modern positivism in its most extreme manifestation of “pure law” has abandoned the ideas of “natural justice”. This is evidenced by the separation of the principles of morality based on nature, that is, customary law, as a centuries-old practice of regulating relations in society. The result is a significant weakening of the principles of natural unity of people in societies of all levels, including the international human community.","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"39 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":"129912503","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