Russian Journal of Legal Studies最新文献

{"title":"Economic Crime or Offence: Search for Criteria of Distinction","authors":"V. V. Hilyuta","doi":"10.17816/rjls18390","DOIUrl":"https://doi.org/10.17816/rjls18390","url":null,"abstract":"Research objective is search of effective criteria of differentiation of crimes and offenses. In article features of maintenance of essential elements of offense and offense are revealed. Special attention is paid to a concept public danger and to its substantial signs. Features of manifestation of public danger in subject to encroachment, a way of commission of crime (offense), the caused damage, fault and the sanction of precept of law are considered.By the author it is noted that the public danger can’t be effective and reliable criterion of differentiation of administrative offense and crime. On the example of the bans which are contained in the Criminal code of Russia ( further - СС) and the Code about administrative offenses of Russia ( further the Administrative Code) has shown efficiency of degree and the nature of public danger of the acts made in the sphere of economic activity. It is noted that now the side between economic crimes and offenses is almost not audible. The author makes a hypothesis that neither substantial characteristics of public danger, nor character and degree of public danger are able to predetermine qualitative characteristics of the made act and on this basis to carry out clear split of crimes and offenses (administrative offenses). Search of criterion of differentiation of crime and offense doesn’t come down only to material structure - public danger. Doctrinal approach to permission of the real problem indicates that facet distinctions are not in the field of substantive law, and beyond his limits and can be explained with the only contents of the legal policy pursued in the state. Scope: law, law-enforcement practice, law-making, lawmaking.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"60 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":"126238179","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":"Corruption and Legalization of Illegal Revenue: Legal and Political Applications Aspects of Evaluation and Reaction","authors":"E. V. Okhotsky","doi":"10.17816/rjls18400","DOIUrl":"https://doi.org/10.17816/rjls18400","url":null,"abstract":"The article is not a classic scientific review of the monograph, but a kind of reflection in connection with the publication of the book devoted to one of the relevant for science, modern political reality and public management practice of research problems - the problem of combating corruption and combating the legalization of illegally obtained income. Any action aimed at concealing the criminal nature of their origin, as well as the use of illegally obtained income without attempts to give their origin a seemingly legitimate form, is classified as laundering of illegal income. The leading motive of writing the article was that the reviewed edition presents the author’s concept of a comprehensive study of domestic and international problems of combating corruption and combating money laundering. Domestic and foreign historical experience and modern most effective anti-corruption practices, as well as legal mechanisms, political means, financial and economic instruments used in the practice of fighting elite corruption are studied. Particular attention is drawn to those used in the practice of joint actions of government agencies, civil society institutions and corporations. Key concepts of the research context: corruption is abuse of social and legal status in the interests of self-interest; illegal activity (action or inaction) is the use of status powers in order to obtain property or non-property benefits, benefits and advantages; greed is a motive characterized by the desire of the subject to extract material or other benefits, to enrich or enrich others by illegal immoral; legalization is illegal criminal activity in order to give legal character to the possession, use and disposal of income obtained illegally in the context of their political, legal, material and procedural aspects. Political problems of combating corruption are understood as problems of combating the practice of self-serving use of power, which is incompatible with the normal. Modern categorical apparatus, methods of system analysis, comparative, retrospective and evolutionary approaches allowed the author to realize his main research goal is to develop a set of theoretical provisions and practical proposals, which together represent the modern concept of the optimal model of interaction between the state and corporations in the practice of combating corruption.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"9 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":"114263016","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":"Issues of Consolidation of Modern Society in the Context of Traditional Risks and Eurasian Integration","authors":"S. Baburin, Н БабуринС","doi":"10.17816/rjls18374","DOIUrl":"https://doi.org/10.17816/rjls18374","url":null,"abstract":"This article discusses the current approaches to the search for forms of consolidation of the modern Russian society in the context of Eurasian integration. Understand the political, socio-economic, legal and civilized Russia risks negative consequences of risks, especially in the spiritual and moral sphere, law and legislation. The rationale for the conclusion that the minimization of negative consequences of risks is possible through the participation of entities of Eurasian integration and all the Slavic world in the creation of the Union State as State form of Russian (Slavic) civilization.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"16 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":"125363184","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":"United Nations Technology Facilitation Mechanism: Conceptual, Organizational and Legal Framework for Operation","authors":"M. Shugurov","doi":"10.17816/rjls18377","DOIUrl":"https://doi.org/10.17816/rjls18377","url":null,"abstract":"This article is devoted to investigation of the forming and the initial stage of functioning of the UN’s Technology Facilitation Mechanism in the context of exploring new trends of international innovation, scientific and technological cooperation in interests of Sustainable development and achieving its aims. The study goal is a elaborating the conceptual model of given Mechanism in the light of tasks, enshrined in the 2030 Agenda for sustainable development and addressed to the Global partnership in the interest of sustainable development as regards development of environmentally sound technologies, knowledge and innovation and other sustainable technologies.The methodology of research conducted consists of the general scientific methods of analysis and synthesis, generalization and abstracting. The author have used the system principle and the historical principle. The empirical basis of analysis concludes provisions of international documents in the area of sustainable development, UNs’ documents and documents, stipulating the Mechanism activity.As results of given study are following: the proof of hypothesis that Mechanism is a key institutional innovation of global policy in respective area of international cooperation; explicating the specificity of its political and legal foundations; indicating its stakeholders; indicating its structure; pointing its priority directions of activity. The conclusions drawn are conceptual provisions that, firstly, Mechanism really has a potential for consolidating and broadening the scope of international cooperation and also increasing the coordination between stakeholders by means of elimination of fragmentation and gaps that should lead to cumulative effect. Secondly, Mechanism is designed to focus attention on facilitating overcoming various barriers, such as trade, investment and financial, of development and transfer of technologies and knowledge that should lead to a conjugating the scientific and technological progress, on the one hand, and the sustainable development, on the other hand.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"10 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":"131188045","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 Criminal Liability of Personswith a Breakdown of Gender Identity (Transsexualism)for Their Illegal Acts","authors":"N. Khromova, М ХромоваН","doi":"10.17816/rjls18384","DOIUrl":"https://doi.org/10.17816/rjls18384","url":null,"abstract":"Recently in media the materials devoted to transsexuals, their life and social problems which at them arise often began to appear. Reaction of society to such persons generally negative, and legislative regulation of their rights is absent. Only at the end of 2017 the Ministry of Health of the Russian Federation has approved a form and an order of issue by the medical organization of the document on sex change according to which persons with disorder of gender identity (transsexualism) have the right to address to bodies the Registry office for entering of correction or change into record of act of civil status according to a psychological f loor. Before such persons are compelled was to live on old to documents that generated many questions including legal.So, in jurisprudence problems of a legal status of transsexual persons were repeatedly investigated, however the system analysis it is carried so out and wasn’t. Generally legal researches were conducted in civil aspect. A question of criminal prosecution of persons with the diagnosis «transsexualism» for the crimes committed by them and, respectively, departure of criminal penalties by them hasn’t been investigated.For the answer to the question posed the author of the real research has made an attempt to understand that«transsexualism» is understood as the diagnosis, whether the transsexualism is a mental deviation. The retrospective analysis of this phenomenon is carried out. Psychological criteria of this disease and stages of verification of the diagnosis are investigated.The conclusion has been drawn that violation of sexual consciousness meets also against the background of complete mental equilibrium, that is doesn’t attract insanity and, respectively, and doesn’t exclude criminal liability.Thus, the author comes to a conclusion that the transsexual person can be brought to trial for the crime committed by him irrespective of the fact which f loor such person was at the time of commission of illegal act.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"36 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":"125358163","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":"Features of the Legalization of Judicial Practice in the Russian Federation","authors":"O. Kulik","doi":"10.17816/rjls18381","DOIUrl":"https://doi.org/10.17816/rjls18381","url":null,"abstract":"The article reveals the specificity of court practice as a special kind of legal practice and determines its importance for the development of legal systems and law in general. The inf luence of court practice on lawmaking in various legal systems, including the Russian one, and the implementation of court practice in the relevant sources ( forms) of law (legal practice legalization), is analyzed. Based on the analysis, the author draws conclusions about the features and forms of legalization of court practice. Also the powers of judicial and other state bodies thatdetermine their role for the legalization of court practice are examined, on the example of the Russian Federation.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"80 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":"122616871","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 Phenomenon of the Parliaments of the European Union and the Eurasian Economic Union","authors":"M. Kakitelashvili","doi":"10.17816/rjls18382","DOIUrl":"https://doi.org/10.17816/rjls18382","url":null,"abstract":"The purpose of article is to define an opportunity application of experience of the European Parliament during creation of Parliament of the Eurasian Economic Union (The Euroasian parliament) and also to reveal positive experience of functioning of the European Parliament which can be used during creation of the Euroasian parliament. The object of the research is social relations in the process of formation and functioning of the Parliament of the EEU. The methodology of the research is General scientific methods of cognition (dialectic, analysis, synthesis, modeling, etc.), as well as sociological, historical, comparative-legal, formal-legal, etc.The specificity of integration associations in the modern world poker on a process to integrate posters, featuring noisy, versatility, variety of levels internal and proven. Also the essence of European integration is marked by the formation of the European Communities to transforming them into the European Union and the transition to a new higher type of integration, estimated the use of certain elements of the international legal model of the European Union. Analyzing historical, political, social prerequisites of formation of supranational parliaments in the European Union and the Eurasian Economic Union, the author marks out both similar, and their various lines.Stand out general and particular features of legal regulation of activities of political parties in the legislation of the countries of the EEC and European Union. Analyzed the socio-cultural peculiarities of the formation of party systems in the countries of the EEC, the participation of political parties in elections to national parliaments.On the basis of the analysis of functions of the European Parliament offers on investment of the Euroasian parliament with representative and control functions express.The author comes to a conclusion that an optimum way of election of the Euroasian parliament is the proportional electoral system.","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":"121423526","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":"Technological Singularity as a Point of No Return: Back to the Future? (Philosophical Legal View)","authors":"A. Popova, В ПоповаА, M. Abramova, Г АбрамоваМ","doi":"10.17816/rjls18378","DOIUrl":"https://doi.org/10.17816/rjls18378","url":null,"abstract":"The authors offer their views on the processes of establishing and developing worldwide digital technologies of intruding in human civilization. The world is now witnessing the creation of a wide range of cyber-physical systems, different types of robots, artificial intellects, robot-engineering units, intellectual and brain systems. Because of this, there is an imperative need to resolve all the different philosophical, legal, political and moral problems that have come to the surface.We may ask: how can these new types of intellects, these so-called «post-humans» interact with Homo sapiens? Do they have a conscience, and are they, in this case, subjects of law? By the actions of humanoids, androids, hynoids, different types of industrial and social robots, is it possible to speak about their empathy, responsibility for what they do from the point of view of moral dogmas and norms of law?It is noteworthy that the current development of brain-computer interface based on direct contact between human and computer consciousness will have an impact on changing the concepts of democracy, rights and freedoms, equality, justice and religious convictions.The article offers a brief analysis of the philosophy of trans-humanism. Having reached the point of technological singularity from which it will no longer be possible to return to the past. Therefore, technological singularity is that critical point for mankind which can lead to self-liquidation. The only possible way to exclude such a pessimistic future for the whole of mankind is to pool the efforts of the community, by upgrading the role of collective start- ups, common interests and social interests as a special universal boon.Only by coordinating and harmonizing public, collective interests, the interests of Man and Nature, will it be possible to begin elaborating general norms for helping us to regulate new public relationships with this technological element.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"41 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":"133373695","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":"Fair Judgment as a Method of Countering the Color Revolutions","authors":"A. Tymoshenko","doi":"10.17816/rjls18385","DOIUrl":"https://doi.org/10.17816/rjls18385","url":null,"abstract":"In the article, based on an analysis of the mechanisms of committing «soft coups» or color revolutions, their main reason is revealed - the artificial intensification of the atmosphere of intolerance and hysteria in society. Under these conditions, the only way to avoid escalation of tensions is to build a truly fair court system. In particular, this statement is true for the organization of criminal proceedings, since it is when identifying, investigating and resolving them that reveal the most intimate thing that a person has - his life, health, personal integrity, the need for normal socialization and economic well-being.The author analyzed the key conditions for creating in the eyes of the public the authority that judges need to assess them as a center for making decisions necessary for society.Only legal methods can achieve the creation of a welfare state.","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":"117197669","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":"Problems of Using Special Knowledge in Criminal Proceedings and Ways to Solve Them","authors":"O. Antonov","doi":"10.17816/rjls18386","DOIUrl":"https://doi.org/10.17816/rjls18386","url":null,"abstract":"In article actual problems of using of the conclusions and evidence of specialist parties and the court, appointment of judicial examination before initiation of criminal case, including problems realization of related innovations of the Criminal Procedure Code of the Russian Federation; the proposals on improvement of legislation, law enforcement practice.","PeriodicalId":223654,"journal":{"name":"Russian Journal of Legal Studies","volume":"39 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":"116223574","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}