Russian Journal of Legal Studies最新文献

{"title":"Democracy and Totalitarianism in Contemporary Understanding","authors":"A. Novoseltsev, Новосельцев Алексей Юрьевич","doi":"10.17816/rjls18500","DOIUrl":"https://doi.org/10.17816/rjls18500","url":null,"abstract":"The examination of political reactions content in historical terms has shown that their substance does not remain unchanged. Originally democracy means perverted and unnatural political order, the power of poor, that occurs only for a very short time during the political crises. Democracy began to name government by the people or majority only from the first bourgeois revolutions.The author believes that the idea of government by the people is deeply populist and it is against the laws of nature and society. The generally accepted classification of political reactions does not take into account the useful properties of hierarchy for the society and completely identify the socially useful and legally enshrined in corporate affairs principle of one-man management with totalitarian regime.Currently not a single “color revolution” is not without a number of slogans and populist perceptions about human being and society presented in the end of the XVIII century. The spread of “democracy” does not involve the assistance in economic development and in the establishment of the high social standards typical for west countries, but on the contrary preserve poverty and backwardness of world periphery.The author comes to a conclusion that it is necessary to develop the more modern and adequate perceptions about politic reactions taking into account the explanations of natural sciences. In the authors view the democracy constitute “soft” hierarchy that admit the majority of the people to the acceptable social status in conditions of missing the firm competitive relations in the society. Solidarity among people, consensus of the interests, moral and political unity as a result of approximately equal social status, social stability and mobility, the lack of deep social division are the main characteristics of the democracy. Totalitarianism can be defined as a violence from the side of society or collective towards person who does not want follow antihuman consumer values.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130688470","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 Issue of the Subject Matter of International Law Philosophy","authors":"M. Shugurov, Шугуров Марк Владимирович","doi":"10.17816/rjls18480","DOIUrl":"https://doi.org/10.17816/rjls18480","url":null,"abstract":"This article offers a comprehensive view of most significant aspects of the subject matter of international law philosophy. The purpose is a framing the conceptual model of its subject matter and is to identify general themes of further discussion. The methodology of research conducted consists of the general scientific methods of analysis and synthesis, generalization and abstracting. The author has used the system principle and the historical principle. As results of given study are following: justifying the idea of international law as a main subject matter of respective philosophy; explicating the content of the notion “contemporary philosophy of international law”; demonstrating the differences between theory of international law and international law philosophy. The conclusions drawn are conceptual provisions that, firstly, international law philosophy is an independent legal science. Secondly, its vocation is to investigate not only philosophical foundations of international law but also philosophical foundations of international law doctrine. Thirdly, the contemporary international law philosophy must provide the dialog between versions of understanding of international law that are typical for various civilizations.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131887973","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":"Review to the Book:T. Zanfirova «Philosophy of Labor Law: Educational method. Allowance» (Kiev, 2018)","authors":"K. Tomashevsky, Томашевский Кирилл Леонидович","doi":"10.17816/rjls18505","DOIUrl":"https://doi.org/10.17816/rjls18505","url":null,"abstract":"<jats:p />","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114852998","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 Impact of International Law on the Content of Civil Legal Personality of Individuals and Legal Entities","authors":"","doi":"10.13187/rjls.2019.1.69","DOIUrl":"https://doi.org/10.13187/rjls.2019.1.69","url":null,"abstract":"","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129968010","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 Doctrine of Legitimate Expectations in Tax Relations","authors":"S. Yadrikhinsky, А ЯдрихинскийС","doi":"10.17816/rjls18447","DOIUrl":"https://doi.org/10.17816/rjls18447","url":null,"abstract":"The article deals with the doctrine of legitimate expectations in relation to the Russian tax sphere, which is popular in the European and American legal order. The main idea of the doctrine is the deterrence of the discretionary beginning of public authorities in the implementation of their activities. The promise given by the authorities forms a certain individual expectation, which is subject to protection if it is in the rank of «legitimate». Accordingly, the public authority is bound by this promise and is not free to change or cancel it; there must be a good reason and appropriate justification for making a decision that runs counter to formed expectations. The government must meet the expectations created by it, or at least to minimize the negative effect of the unpredictable deviation from this promise, including through the compensation mechanism. The reverse would mean arbitrary use of power and would contribute to an atmosphere of distrust of the law and the actions of the state. The legal positions of the Constitutional Court of the Russian Federation, revealing the principle of maintaining the trust of citizens to the law and the actions of the state as a form of manifestation of western doctrine in the Russian version. It is concluded that the sovereign rights of the state in the matter of taxation do not make its power absolute. The state is not only the bearer of power, but also the main guarantor of the rights and legitimate interests of the person (taxpayer). It is the legal principles and human rights that underlie his legitimate expectations, define the discretionary limits of powers and criteria of discretion of the authorities and act as a deterrent to the fiscal appetite","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121821002","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":"Modern Features and Law-Enforcement Problems of the Operational-Search Measure «Inspection of Premises, Buildings, Structures, Sections of Terrain and Vehicles»","authors":"A. Golikov, Александра Сергеевна Голикова, A. A. Larinkov, А ЛаринковА","doi":"10.17816/rjls18457","DOIUrl":"https://doi.org/10.17816/rjls18457","url":null,"abstract":"The article deals with the actual law enforcement problems associated with violations of legal norms by the bodies engaged in operational-investigative activities in the course of conducting and documenting operational-investigative activities «inspection of premises, buildings, structures, areas and vehicles». The analysis of norms of the Federal law of 12.08.1995 No. 144-FZ «About operational search activities», the criminal procedure code of the Russian Federation, departmental normative acts, decisions of the European Court of human rights and the constitutional Court of the Russian Federation, Plenum of the Supreme Court of the Russian Federation, and also the practice of prosecutorial supervision over implementation of laws in the implementation of operative-search activities, identified various approaches to the assessment of the legality of the survey of housing in the framework of the operational-search measures «inspection of premises, buildings, structures, areas and vehicles». On the basis of the obtained data, the problems were identified and some prospects for the development of the operational search activities were identified. The authors in this paper propose possible solutions to the identified law enforcement problems and measures to further develop the possibility of using the information obtained during the operational-search activities «inspection of premises, buildings, structures, areas and vehicles» for the formation of criminal procedural evidence in criminal cases. The authors state their position on the basis of the analysis of the current operational-investigative, criminal-procedural legislation and prosecutorial-Supervisory practice. The methodological basis of the study was made by General scientific and special methods of knowledge of law enforcement problems of conducting and documenting operational search activities «inspection of premises, buildings, structures, areas and vehicles», including the method of system-structural analysis, synthesis method, analysis method, comparative legal method, formal logical method, statistical method. As a result of the study revealed that the information obtained in the course of operational-search activities «inspection of premises, buildings, structures, areas of terrain and vehicles», can be the basis for the formation of criminal procedural evidence in criminal cases only in compliance with the legal norms of the bodies engaged in operational-search activities during the production and documentation of the operational-search activities. At the same time, the admissibility of evidence formed on the basis of the results of operational investigative activities presented in criminal proceedings is made dependent on the implementation of certain legal norms in the production of the operational investigative measures under consideration. In the legal literature, innovations in the legislation of Russia related to various aspects of conducting and documenting operational search ","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"6 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120894536","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":"Law-Making Activity as a Type of Legal Process","authors":"L. Chulyukin, Д ЧулюкинЛ, V. Guryanova, В ГурьяноваВ","doi":"10.17816/rjls18442","DOIUrl":"https://doi.org/10.17816/rjls18442","url":null,"abstract":"The article studies the problem of understanding the essence of law-making as a kind of legal process. The current procedural legislation for the creation of norms of law is analyzed. Scientific research about the nature of lawmaking is studied and modern law-making activity is taken. The law-making process is researched on the basis of philosophical approaches (dialectical materialism, logical positivism, critical rationalism, etc.), general scientific (analysis and synthesis, generalization, system analysis, abstraction, etc.) and private methods (specifically sociological method, formal legal, a method of legal interpretation). As a result of using a set of scientific methods, a systematic knowledge of the essence of the legal process is obtained. The authors have updated the idea of the current law-making process. The essence of the law-making process is defined through the system of its main features, which give it a qualitative certainty. Legislative activity, considered as a kind of the legal process, is presented as a procedural, legal, staged activity of subjects specified in regulatory legal acts aimed at creating, amending, supplementing and repealing the operation of the rules of law. The study of this problem is conducted to establish a unified approach to the definition of law-making, an indication of its procedural nature and the improvement of legislation regulating the creation of norms of law. As a result of the conducted analysis it is established that the process of law-making activity is complicated due to a large number of normative legal acts. This circumstance makes it necessary to systematize the procedural legal regulations that establish the procedure for preparing, submitting, reviewing, accepting, publishing, amending, repealing, systematizing, interpreting all normative legal acts, rules of law-making technology, etc.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116484679","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":"Murtuz Aleskerov - 90","authors":"M. Imanly, М Иманлы","doi":"10.17816/rjls18466","DOIUrl":"https://doi.org/10.17816/rjls18466","url":null,"abstract":"The article is dedicated to the memory of Murtuz Aleskerov, a famous socio-political and statesman, honored lawyer, professor. M. Aleskerov left a significant mark in modern history as an active social and political figure and an outstanding scholar in the field of law, who devoted his entire adult life to jurisprudence.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134090430","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":"Qualification of Crimes Related to the Use of Modern Electronic Entities: the Experience of Germany","authors":"D. Pechegin, А ПечегинД","doi":"10.17816/rjls18452","DOIUrl":"https://doi.org/10.17816/rjls18452","url":null,"abstract":"Comprehensive legal regulation of relations arising in connection with the development of the digital economy currently involves the establishment of the grounds and conditions for bringing persons to responsibility for illegal actions in the new crypto sphere of legal relations, including criminal liability. At the same time, this issue is most acute in connection with the emergence and evolution of crypto - currencies-digital entities that erase any boundaries, allowing you to «move away» from accounting for income, paying taxes, controlling financial flows, and so on. The latter is related to the risks and threats posed by this «new money». After all, unlike the use of digital technologies (i.e. the appropriate software) for criminal purposes, where a certain qualification of the attacker is required, almost everyone can use the cryptocurrency to commit illegal actions. Since 2013, the German Government began to recognize Bitcoin as a digital currency, indicating that such currency does not apply to electronic money or to the so-called «functional» currency (including foreign currency). In the future, virtual currencies in Germany were recognized as a financial instrument (2017), and in the banking legislation of Germany they were recognized as private funds and specific units of financial accounting. The article analyzes some aspects of the qualification of crimes related to the use of modern electronic entities in Germany.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129227802","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":"Methodology of Chrono-Discrete Mono-Geography Comparative Law in the Study of Judicial Reforms in the Russian Empire and the Russian Federation","authors":"V. M. Bolshakova, М БольшаковаВ","doi":"10.17816/rjls18443","DOIUrl":"https://doi.org/10.17816/rjls18443","url":null,"abstract":"The article proves the expediency of applying the methodology of chrono-discrete mono-geography comparative jurisprudence when studying judicial transformations in the Russian Empire and the Russian Federation. The author proves that the judicial reforms of Emperor Alexander II and the judicial transformations late XX - early XXI century in their totality represent a chrono-discrete phenomenon. Examines the basic principles of the scientific school of chrono-discrete mono-geography comparative jurisprudence as applied to the study of Russian judicial reforms in the Russian Empire and the Russian Federation. In the paper it notes that the judicial transformation as a phenomenon include items such as 1) conceptual framework, ideas of reform; 2) judicial institutions; 3) theoretical and practical problems of implementation; 4) results; compliance, what happened, what was intended by the reformers; 5) attitude of the legal community and the public to reform on the whole and its separate institutions. The essential core of any judicial reform are newly constructed or transformed its institutions. Speaking of chrono-discrete judicial institutions, the author proposes to divide them into classical and non-classical. The first is the Institute of magistrate’s court, the juries and the Institute of bailiffs and institute of appeal. To non-classical chrono-discrete institutions include prosecutors and the legal profession. As the main comparable problems, characteristic for the studied periods, the author sees 1) the reforms “from above”; 2) the issue of financial support for reforms; 3) personnel problems; 4) problem of implementation of judicial reforms in space and time; 5) constant and numerous adjustment of normative legal acts, regulating the structure and activity of the relevant judicial institutions.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131069537","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}