Russian-Asian Legal Journal最新文献_第4页

ON UNDERSTANDING CONTINGENCY IN THE QUALIFICATION OF VIOLENT CRIMES 论暴力犯罪定性中的偶然性

Russian-Asian Legal Journal Pub Date : 2023-06-22 DOI: 10.14258/ralj(2023)2.5

N. Tydykova

{"title":"ON UNDERSTANDING CONTINGENCY IN THE QUALIFICATION OF VIOLENT CRIMES","authors":"N. Tydykova","doi":"10.14258/ralj(2023)2.5","DOIUrl":"https://doi.org/10.14258/ralj(2023)2.5","url":null,"abstract":"The article analyzes the practice of interpreting the term «contingency», which is used by the legislatorin the constructions of articles 105, 131 and 132 of the Criminal Code of the Russian Federation. It is notedthat there is no legal definition of this concept, and law enforcement has not developed common approaches.Possible variants of understanding this term in the compositions of rape and violent acts of a sexual natureare being explored. It is proved that for the purposes of qualifying these crimes, it is impossible to use theapproaches that have developed in the practice of qualifying murders, both because of their inconsistencyand because of the significant differences between these crimes. It is noted that at present there are no initialgrounds for determining the nature of the connection between rape or sexual assault and other grave orespecially grave crimes against a person, which would determine the contingency of these crimes. A numberof qualifying issues have been identified that require resolution in order to form a uniform law enforcementpractice: the impact of the time gap between crimes and the procedure for their commission on qualificationon the basis of their conjugation, the possibility of qualifying as crimes conjugated to each other, providedfor by Art. 131 and 132 of the Criminal Code of the Russian Federation.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134130431","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

НАУКА ТЕОРИИ ГОСУДАРСТВА И ПРАВА В РОССИИ: ИСТОРИЯ И СОВРЕМЕННОСТЬ

Russian-Asian Legal Journal Pub Date : 2023-06-22 DOI: 10.14258/ralj(2023)2.6

E. A. Frolova

{"title":"НАУКА ТЕОРИИ ГОСУДАРСТВА И ПРАВА В РОССИИ: ИСТОРИЯ И СОВРЕМЕННОСТЬ","authors":"E. A. Frolova","doi":"10.14258/ralj(2023)2.6","DOIUrl":"https://doi.org/10.14258/ralj(2023)2.6","url":null,"abstract":"The article analyzes the methodological problems of fundamental jurisprudence. The evolution of thebackbone legal science — the theory of state and law is shown. Its prototype was the encyclopedia of legalsciences, representing in a compressed form the entire body of knowledge about law. In Russia, a full legalencyclopedia appears in the 30s of the XIX century. However, domestic science did not follow the path ofencyclopedism — Russian lawyers focused their attention on understanding concepts and creating legalconcepts. The Encyclopedia of Law actually merged with its general theory. In Soviet times, the problemsof the theory of state and law and the philosophy of law were not separated either methodologically or incontent. During this period, the science of the theory of state and law was an inseparable material on issuesof jurisprudence: the theory of state and law, the history of political and legal doctrines, the philosophy oflaw, the sociology of law, and constitutional law (Soviet state law). At the turn of the 20th-21st centuries,significant changes took place in Russian jurisprudence that influenced the methodology of cognition of law.If for the Soviet legal science there was the only true Marxist-Leninist methodology for the study of state andlaw, then in the conditions of the de-ideologization of social sciences, the authors defend the pluralism oflegal understanding. Modern scientific literature states that the methods of cognition used by legal schools can be different and even mutually exclusive. It is recognized that the methodology sets the point of viewfrom which the researcher evaluates the law, and since these methods are poorly compatible, different viewson the essence of law and the state become an objective reality. A consequence of the pluralistic approachto the study of social phenomena was the need to distinguish between related sciences of the historical andtheoretical cycle.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132028553","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

CITIZENSHIP AS AN ELEMENT OF THE CONSTITUTIONAL AND LEGAL STATUS OF A PERSON AND A CITIZEN IN THE DONETSK PEOPLE'S REPUBLIC AND THE LUHANSK PEOPLE'S REPUBLIC 公民身份是顿涅茨克人民共和国和卢甘斯克人民共和国个人和公民的宪法和法律地位的组成部分

Russian-Asian Legal Journal Pub Date : 2023-06-22 DOI: 10.14258/ralj(2023)2.2

A. Kanakova

{"title":"CITIZENSHIP AS AN ELEMENT OF THE CONSTITUTIONAL AND LEGAL STATUS OF A PERSON AND A CITIZEN IN THE DONETSK PEOPLE'S REPUBLIC AND THE LUHANSK PEOPLE'S REPUBLIC","authors":"A. Kanakova","doi":"10.14258/ralj(2023)2.2","DOIUrl":"https://doi.org/10.14258/ralj(2023)2.2","url":null,"abstract":"One of the inalienable features of the state is citizenship, since the existence of the state cannot beensured solely through the constitutional consolidation of the general characteristics of the state and society.It is the presence of persons who have a stable legal connection with the state that ensures the real functioningof public authorities and civil society, turning them from legal structures into functioning legal institutions.In 2014, the Lugansk People's Republic and the Donetsk People's Republic adopted Declarations of Sovereignty,the purpose of which was to mark the moment of formation of states separate from Ukraine. Consequently,the formation of new states predetermines the raising of the question of the status of persons living in theterritories of the Lugansk People's Republic and the Donetsk People's Republic, and their citizenship. Theconstitutional and legal status of the relevant persons was transformed following a qualitative and (or)quantitative change in their citizenship, which entailed not only a different scope of rights, freedoms andduties of a particular individual, but also the content of the principles of the constitutional and legal statusof an individual, on which the essential filling the position of the individual in society.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126724137","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

DEVELOPMENT OF EDUCATIONAL LAW AND EDUCATIONAL LEGISLATION IN THE 21ST CENTURY 21世纪教育法与教育立法的发展

Russian-Asian Legal Journal Pub Date : 2023-06-22 DOI: 10.14258/ralj(2023)2.7

V.I. Shkatulla

引用次数: 0

THE SYSTEM OF FUNCTIONS AS THE BASIS OF THE CONCEPT OF THE FEDERAL MINISTRY 职能体系是联邦部委概念的基础

Russian-Asian Legal Journal Pub Date : 2023-06-22 DOI: 10.14258/ralj(2023)2.3

I. Mankovskiy

{"title":"THE SYSTEM OF FUNCTIONS AS THE BASIS OF THE CONCEPT OF THE FEDERAL MINISTRY","authors":"I. Mankovskiy","doi":"10.14258/ralj(2023)2.3","DOIUrl":"https://doi.org/10.14258/ralj(2023)2.3","url":null,"abstract":"The effectiveness of public administration depends on the sustainable development of the system offederal executive authorities, in which the key role is assigned to federal ministries. At the same time, there isno unity in the understanding of the federal Ministry in the legal literature. Accordingly, the article exploresthe theoretical, historical, and legal foundations of the formation of the concept of a federal ministry, whichallow us to talk about changing the vector of building the system of federal executive authorities since 2004in order to optimally restructure it in the event of emergency. The analysis of the current regulatory legalacts defining the essence and content of the organization and functioning of federal ministries is carried out.The author suggests in the definition of the concept of the federal ministry to be based on the functionalprinciple enshrined in the current regulatory legal acts. There are «basic» functions characteristic of allfederal ministries and «additional» functions provided to certain federal ministries in accordance withregulatory acts. The conclusion is made about the understanding of the federal Ministry as a centralizedfederal executive body endowed with appropriate functions.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130986509","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

QUOTA AS A LEGAL TOOL FOR IMPROVING THE EFFICIENCY OF THE EDUCATION SYSTEM 配额作为提高教育系统效率的法律工具

Russian-Asian Legal Journal Pub Date : 2023-06-22 DOI: 10.14258/ralj(2023)2.4

E. Nefedova

引用次数: 0

ИНСТИТУТ ГРАЖДАНСКОЙ ДЕЕСПОСОБНОСТИ НЕСОВЕРШЕННОЛЕТНИХ И ПРАКТИКА ЕГО ПРИМЕНЕНИЯ 少年公民能力研究所及其应用

Russian-Asian Legal Journal Pub Date : 2023-06-22 DOI: 10.14258/ralj(2023)2.1

S.V. Voronina, J.E. Sadykova

引用次数: 0

THE HETEROGENEITY OF BUSINESS ACTIVITY AS A FACTOR IN THE SYSTEMATIZATION AND DEVELOPMENT OF LEGISLATION 商业活动的异质性是立法系统化和发展的一个因素

Russian-Asian Legal Journal Pub Date : 2023-03-31 DOI: 10.14258/ralj(2023)1.6

D. Pyatkov

引用次数: 0

ABOUT NECESSITY OF DEVELOPMENT LEGAL REGELATION SOME ASPECTS OF ELECTORAL LAW 对选举法的若干方面进行了法律规制

Russian-Asian Legal Journal Pub Date : 2023-03-30 DOI: 10.14258/ralj(2023)1.3

A. Kovalenko

引用次数: 0

HISTORICAL AND LEGAL AND COMPARATIVE ASPECTS OF COUNTERING EXTREMISM 反极端主义的历史、法律和比较方面

Russian-Asian Legal Journal Pub Date : 2023-03-30 DOI: 10.14258/ralj(2023)1.8

M. Starodubtseva

{"title":"HISTORICAL AND LEGAL AND COMPARATIVE ASPECTS OF COUNTERING EXTREMISM","authors":"M. Starodubtseva","doi":"10.14258/ralj(2023)1.8","DOIUrl":"https://doi.org/10.14258/ralj(2023)1.8","url":null,"abstract":"The article provides a study of the retrospective of the emergence and formation of an understandingof extremism. The author refers to the etymology of the very concept of “extremism”. The term “extremism”originates from the Latin word “extremus”, which in translation into Russian means “extreme, excessive”,going beyond the established limits and norms. Based on etymology, extremism can be interpreted as acommitment to extreme views, methods of action. Already in the period of the Ancient World and throughoutthe main stages of history, situations arose in which certain categories of people were ready to violate andviolate existing norms in order to achieve their goals and ideals, while applying measures prohibited by anypublic regulator. In fact, this is what will be called terrorism much later.In political, sociological, journalistic literature, the concepts of “terror”, “terrorism” and “terrorist act”are most often proposed to be used as synonyms. Synonymization in this case is convenient in a utilitariansense, but becomes an obstacle in terms of methodology. Based on etymology, any act of violence can beinterpreted as terrorism only if it pursues the goal of intimidation. But from the point of determining thesubject and object of such crimes, synonymization does not take into account the specific situation in whichthe specified crime is committed. Hence, when considering the history of extremism, as the author notes,it is necessary to trace the change in the interpretation of the term “extremism” at different stages of thedevelopment of society.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121143765","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