Russian Journal of Legal Studies最新文献

{"title":"Review-Reflection on the Work Bochkarev S. A.«The Philosophy of Criminal Law: the Question»","authors":"V. V. Hilyuta","doi":"10.17816/rjls18403","DOIUrl":"https://doi.org/10.17816/rjls18403","url":null,"abstract":"The article proposes a correlation of criminal law and philosophy for legal compatibility and scientific ref lection. Based on the monograph by S. A. Bochkarev «The Philosophy of Criminal Law: the Question» is analyzed the current state of criminal law in a philosophical aspect.The article is devoted to the question of philosophical understanding of criminal law. The author considers criminal legal issues in the context of the philosophical method of cognition, critically evaluates the postulate that such modern philosophical directions as hermeneutics, synergetics, the phenomenon of virtual reality as opposed to positivism have a great heuristic potential current paradigm of Russian criminal law. Rational and critical consideration of the provisions of monographic work S. А. Bochkareva puts on the agenda of the day the question of the importance of the inf luence of philosophy on solving problems of law, including criminal law. The arguments for and against such an approach are given.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"9 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116656162","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":"Reception of Social Legal PrinciplesState Law-Making Institutions","authors":"A. Garashko, Ю ГарашкоА","doi":"10.17816/rjls18380","DOIUrl":"https://doi.org/10.17816/rjls18380","url":null,"abstract":"The purpose of this article is to analyze the feasibility and the basic mechanisms of borrowing of the individual benefits of the standards of conduct, the current in society (public legal principles), the activities of state authorities. The author comes to the following conclusion: reception of the socio-legal basis of state institutions capable of providing public support for the implementation of state standards; positive impact on the rule of law and the lawmaking process; to determine the restoration of the unity of law as a system that combines public and state foundations; seamlessly integrate the benefits of state and public began legal regulation. The methodology used in the preparation of this study presented a systematic, functional methods of learning; methods of induction, comparison and analysis. In addition, the author relied on the General dialectic method of cognition. Applications received by the author’s findings and conclusions are the theory of state and law, jurisprudence, philosophy of law, constitutional law.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125515421","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":"Novels of the Criminal Code of the RF on Liability for Abuses in the Performance of the State Defense Order: Problems of Interpretation and Application","authors":"A. Asnis","doi":"10.17816/rjls18383","DOIUrl":"https://doi.org/10.17816/rjls18383","url":null,"abstract":"The article discusses the criminological grounds and background of the adoption of the Federal law of December 29, 2017 № 469-FZ «On amendments to the Criminal Code of the Russian Federation and Article151 of the Criminal Procedure Code of the Russian Federation», which introduced liability for abuse of power in the performance of the state defense order in the non-state sector of the economy (art. 201.1 of the Criminal Code) and for abuse of official powers in the performance of the state defense order, infringing on the interests of state power, public service and service in local governments (article 285.4 of the Criminal Code).Formulated private rules for qualif ying relevant crimes and distinguishing them from related crimes and administrative offenses. The controversial and insuff iciently substantiated rule-making decisions underlying the short stories are investigated.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"87 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126970508","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":"EU Sanctions against Russia: Features of the Legal Mechanism","authors":"O. Meshcheryakova","doi":"10.17816/rjls18375","DOIUrl":"https://doi.org/10.17816/rjls18375","url":null,"abstract":"The article is devoted to the examination of the new stage of EU. The aim of the article is to analyze legal problems related to the formation of modern EU law international and integration law in the context of globalization, the place of integration law in the system of the legal international law and the formation of Russia’s overall international policy.Scope of the article is the norms of integration law, international law, European Union (EU) law and domestic law, aimed at solving these problems and the features of the legal mechanism of sanctions of EU at the present stage of the development of EU law.The article analyses the perspectives of the further transformation of the alliance, including the prospects of the elaboration of the new strategic concept.Author’s reasonable position relies on the legislation and opinions of the competent scientif ic environment on the question of patterns of the development of the subject in point. Based on the analysis of legal norms, the distinctive features of the development of the concept of «sanction» are differentiated regarding globalization and the formation of integration communities caused by it.The methodological basis of the research is a set of methods of scientific knowledge, among which the main place is occupied by the methods of historicism, comparative-legal, as well as formal-legal and systemic approach.The analysis at the article of the formation of a new legal international and integration law and of integration law carried out in the article and its connection with the practice is for the first time conducted in the Russian legal science. Its provisions can be used in further studies on issues of integration, international, European and comparative law.The research revealed the importance of integration communities for the development of international law.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"186 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114589741","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":"Information Wars and Sanctions of the International Olympic Committee as Means of Political Pressure on the Russian Sport and Public Opinion","authors":"V. Jilkine, А ЖилкинВ","doi":"10.17816/rjls18376","DOIUrl":"https://doi.org/10.17816/rjls18376","url":null,"abstract":"Combating doping has turned into a subject of harsh political pressure on Russia and the Russian public opinion in the run-up to the presidential elections in Russia in 2018. The Executive Board of the International Olympic Committee has suspended the activities of the Russian Olympic Committee and allowed the Russian athletes to perform in PyeongChang Games-2018 under the Olympic f lag in the status of «Olympic Athletes from Russia». The article considers the violated fundamental principles and norms of the international law and the human rights enshrined by the Universal Declaration of Human Rights and the Convention for the Protection of Rights and Fundamental Freedoms and guaranteed by constitutions of civilized states and by the Olympic Charter Rules. The decline of Russian representation in international organizations has resulted in the violation of the fundamental principles and essential values of Olympism, the Olympic Charter and in infringement of human rights and liberties. The Olympic Charter permits the athletes to challenge penalties relating to participation in the Olympic Games exclusively in the Court of Arbitration for Sport (CAS). The study of judicial practice and legal precedents in national courts gives credence to the right of any person/entity to judicial protection of honour, dignity and business reputation from distribution of unfaithful defamatory information and to the right to demand compensation of losses and non- pecuniary damage at civil courts.The article gives some examples of athletes applying to the national courts with legal claims for compensation for professional and non-pecuniary damage. The issues of defence of the National Olympic Committee, the Paralympic Committee, the interests and professional reputation of athletes of the great sporting empire should be handled originally at the governmental level, with involvement of international law counsellors. It is necessary to reform the sports system and the anti-doping laws. WADA (World Anti-Doping Agency) activities and the sport management system should be transparent, comprehensible and verifiable.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116706843","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 Ideology and Law as Ideology. Review of the Monograph by Klimenko A. I. «The Legal Ideology of the Modern Politically Organized Society». (Moscow: Norma, 2017. 384 p.)","authors":"A. Robertson, А Робертсон","doi":"10.17816/rjls18405","DOIUrl":"https://doi.org/10.17816/rjls18405","url":null,"abstract":"This is a review of the monograph «The Legal Ideology of a Modern Politically Organized Society» by Professor Alexey Ivanovich Klimenko. In the article the author’s approach to the definition of such a social phenomenon as legal ideology, to the study of its structure and functions, as well as the indirect concept of the author’s understanding of law is assessed, the author’s methodology is evaluated as are the perspectives of his research.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"136 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123901121","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":"Vindication of a Share in the Right of Common Share Ownership and Some Features of the Reclamation of Common Property","authors":"A. Zarubin","doi":"10.17816/rjls18396","DOIUrl":"https://doi.org/10.17816/rjls18396","url":null,"abstract":"The article analyzes the problem of vindication of share in the common ownership, due to the fact that the object of vindication is the property, at that time, as a share - relative concept. This feature has forced practitioners to adapt replevin to the recovery of shares. The result was a claim of recovery rights to the share. The lawsuit, which restored the right to share, of course, necessary participants of civil legal relationship, but its effective application requires differentiation of the vindicatory claim, a claim of recognition of rights and other means of protection.When compared to the above method of protection, the author comes to the conclusion that the right distinction is based on the factor of possessions. If the owner of the share at the same time with her lost possessions, shall be declared replevin. If the owner has only lost the title, you can apply the claim of recognition of ownership. Fixed rule about the applicability of the claim for restoration of the right to a share is intended to demonstrate the possibility of protecting the rights of the owner of the share.In addition, the paper analyzes the possibility of vindication of the shares, if the assignment was accompanied by the seizure of possession by the other co-owner. The author points out that there are forbidden by law to reclaim the property from the owner, because each of the disputants is only the owner of the share. The owner of a thing is the team co-owners. The basis of the protected ownership is the established order of use or the agreement of the owner with a team of co-owners.At the same time the article reveals some peculiarities of claiming common property.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126947583","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 Consolidation in the Legislation of the Concept of Rational Use of Land","authors":"S. Lipski","doi":"10.17816/rjls18398","DOIUrl":"https://doi.org/10.17816/rjls18398","url":null,"abstract":"The article discusses how the definition of rational use of land is disclosed in the legislation, as well as how it corresponds to the more applicable at the moment the concept of improper use of land. This definition is important for land legislation and it was widely used in the Soviet period. But unambiguous def inition and at that time there was no.Conceptual-legally and comparative-legal methods are applied.Thus it is stated that as a result of changes of the land legislation of the last years the definitions in this area became worse that is fraught with negative consequences in law enforcement. In particular, gross violation of the rules of rational use of land plot entails a sanction in the form of the possibility of seizure of land plot from its owner. The author for the first time analyzes these issues in conditions of exclusion in 2016 from legislation the majority of the norms with mention of improper use of land. The author of article suggests either to return in the Land code the corresponding definition, or (which is better) to disclose the concept of rationality in the Federal Law «About Land Use Planning». According to this law, the maintenance of land use planning includes activities for the study of land, planning and organization of rational use of land and their protection. Therefore, the essence of rational and improper use of land must be defined in this Federal Law. Since its adoption in 2001, the Federal Law «About Land Use Planning» has acquired a reduced form. So geodetic and cartographic works, territorial land management is no longer in it. Land plots, zones with special conditions of use of territories and territorial zones already are no its objects. Therefore, a new version of this law is necessary.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133041889","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":"Collective and Multi-Subject Dominance in the Market: Problems of Legislation and Law Enforcement","authors":"I. Bashlakov-Nikolaev, В Башлаков-НиколаевИ","doi":"10.17816/rjls18394","DOIUrl":"https://doi.org/10.17816/rjls18394","url":null,"abstract":"The article explores the concept of collective dominance, discusses the theory and practice of recognizing collective dominant position in the commodity market and abuse of collective dominant position in the commodity market, as well as the differences between collective dominance and agreements, coordinated actions restricting competition. The analysis of the doctrinal understanding of collective domination is carried out, the most significant judicial positions on issues of abuse of collective dominant position are summarized and studied. Conclusions and theoretical statements that can be used to improve legal regulation are formulated.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130301121","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":"Socio-Cultural Foundations of the National Philosophy of Law: History and Modernity","authors":"I. Katsapova","doi":"10.17816/rjls18379","DOIUrl":"https://doi.org/10.17816/rjls18379","url":null,"abstract":"The article reveals the socio-cultural foundations of the national philosophy of law, which are considered in the historical and modern civilizational aspect. The role of law is analyzed in social and cultural programs of social development. It is emphasized that the special importance in the conditions of modern modernization of state and public relations is the understanding of the possibilities and boundaries of the implementation of the existing universal meanings and principles of the organization. It is emphasized relations and their adaptation to modern processes. Modernization is considered as a factor of social development of society, as a way to improve social institutions and relations. The article also focuses on the problem of global modernization and inclusion of local cultures. The article focuses on the problem of adaptation of traditional societies to the modern model of global modernization. The attention focuses on the fact that modern social projects and concepts should move from the concept of «global community» to the understanding of new factors of social life and form new ideas about the conditions of human life in the planetary world.The article reveals the principle of correlation between the philosophy of law and social philosophy. Domestic philosophy of law, is based on philosophical ethics. It is presented in the article as a «normative area of knowledge», and transformed into a system of norms (law and morality) regulations and obligations of public life. It is also emphasized that the main task of the modern philosophy of law is to determine the conceptual unity of historical and modern understanding of the nature of the socio-political world and ways of its knowledge, based on the dialectic of complementarity. The practical task of the modern philosophy of law is to substantiate and concretize the ideology of social life, which assumes the unity of law, politics and morality. It is also proved that in the context of globalization the modern philosophy of law meets the challenges that actualizes the process of socio-political integration and modernization.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127270066","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}