Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science最新文献

{"title":"ISSUES RELATED TO THE ACQUISITION OF OWNERSHIP TO THE «ABANDONED» UNDOCUMENTED SHARES OVER THE ISSUER","authors":"L. B. Lazarenko, A.U. Bijieva","doi":"10.37279/2413-1733-2021-7-3(2)-120-126","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(2)-120-126","url":null,"abstract":"In the article, the authors describe problematic issues that have existed for many years, in the resolution of which issuers of shares are directly interested. In an effort to put the registers of shareholders in order, reflecting the existing shareholders in them, issuers faced the problem of «abandoned» shares, identifying inactive shareholders for many years for various reasons, including the lack of legal successors of a deceased individual or the liquidation of a legal entity. included in the register of shareholders of the issuer. The authors identified problematic issues related to the acquisition by the issuer of ownership of ownerless shares, since, on the one hand, the legislation does not provide for a mechanism for excluding inactive “deceased” shareholders from the register (this problem is especially acute in closed joint-stock companies, given the limited number of shareholders), which affects the rights and interests of the issuers of shares, on the other hand, violation of the rights of shareholders in the case of illegal alienation of shares through abuse and unfair actions of third parties (including raider takeovers). The absence in modern civil legislation of a clear definition of the status of a non-documentary security, its legal nature in relation to controversial legal relations, regulating property and obligations related to the acquisition of ownership of «abandoned» shares for the issuer, gave rise to disputes among theorists, and also influenced the formation of various judicial practice when considering claims of issuers of shares for the recognition of ownership of ownerless book-entry securities. In the article, the authors, analyzing the current legislation, including civil and securities legislation, the emerging judicial practice, offer their position when considering disputes over claims of issuers about rights to «abandoned» uncertified shares by recognizing by the court the ownership of ownerless («abandoned» owners ) shares for the issuer for their further distribution.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"6 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":"126807959","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":"INTERNATIONAL CRIMINAL COURT: MATTERS OF SUBJECT JURISDICTION","authors":"A. G. Rublev","doi":"10.37279/2413-1733-2021-7-1-222-236","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-1-222-236","url":null,"abstract":"The International Criminal Court is the result of a long historical process, during which society sought to punish those responsible for serious crimes against humanity, based on the practice of the Nuremberg Court and other special courts. It is proposed to envisage amending the statute of the ICC in order to clarify and expand its jurisdiction.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"21 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":"121968530","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 USE OF SPECIALIZED SOFTWARE BY LAW ENFORCEMENT AGENCIES IN THE ORGANIZATION OF THE USE OF ARTIFICIAL INTELLIGENCE","authors":"Y. A. Kovtun, A. S. Lagutochkina","doi":"10.37279/2413-1733-2021-7-3(2)-148-154","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(2)-148-154","url":null,"abstract":"The article reveals the issue of improving the operational and investigative support for countering crime by law enforcement agencies through the use of specialized software in the organization of the use of artificial intelligence. The development of information technologies requires the improvement of methods and means of law enforcement activities. Modern realities have formed the need to use the capabilities of artificial intelligence to solve law enforcement tasks. Due to the increase in the computing capabilities of software and hardware complexes, including as a result of the use of graphics processors and distributed computing system architectures, a wide application of machine learning based on a variety of computing systems organized on the principle of neural networks has become available. As an effective tool for countering crime, law enforcement agencies need to have in their arsenal tools for not only monitoring the information space and getting real-time access to information that is stored on a user’s smartphone or computer, on cloud storage, in social networks, on built-in or portable storage devices. Get access to information posted, sent, stored on remote servers, devices of the person being developed through remote monitoring, be able to process large amounts of data and solve complex problems faster than the traditional algorithms currently existing. To obtain the necessary data, it is necessary to use specialized information software of the network environment aimed at solving the tasks of solving and investigating crimes.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"12 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":"127918843","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":"CONSTITUTIONAL AND LEGAL STATUS OF THE FEDERAL CONSTITUTIONAL COURT OF GERMANY AND LAND CONSTITUTIONAL COURTS AND THEIR PLACE IN THE SYSTEM OF STATE AUTHORITIES","authors":"S. Trifonov","doi":"10.37279/2413-1733-2020-6-2-92-101","DOIUrl":"https://doi.org/10.37279/2413-1733-2020-6-2-92-101","url":null,"abstract":"The article examines and analyzes the legal status of the constitutional Court of the Federal Republic of Germany, examines the functions inherent in this body of constitutional jurisdiction of Germany, the features of its place in the system of bodies of the Federal German state, also pays attention to the land constitutional courts and the features of their status and functioning.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"1 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":"131253641","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":"REISNER’S DOCTRINE OF SUPREME POWER","authors":"O. A. Kvasova","doi":"10.37279/2413-1733-2021-7-2-47-50","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-2-47-50","url":null,"abstract":"The article analyzes the views of Mikhail Andreevich Reisner on the institution of Supreme power (1868-1928) — a prominent Russian jurist of the early Soviet period, whose ideas were used in socialist state-building. M. A. Reisner’s views were very original. Among the features of the state, he attached key importance to state power as an «organizational idea of people’s political behavior», defining the state through «phantasms» (ideas) of Supreme power.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"19 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132090458","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":"US – ISRAEL COOPERATION AS A PERMANENT DESTABILIZING FACTOR IN THE MIDDLE EAST","authors":"M. A. Kshevitskaia","doi":"10.37279/2413-1733-2021-7-3(1)-161-169","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(1)-161-169","url":null,"abstract":"The article is dedicated to the analysis of the problems of ensuring regional security in the Middle East, primarily through the settlement of the Arab-Israeli conflict; the author emphasizes the Israel’s abuse of references to “military necessity”, Israel’s repeated violations of international legal norms related to the institute of occupation, issues of territorial delimitation, peaceful settlement of international disputes, law of external relations, international humanitarian law and international human rights law, as well as actual political, military, financial and moral support from the United States for all actions of Israel; the article provides a list of arguments proving Israel’s unwillingness to take into account the interests of Palestine in the settlement of the conflict, as well as the interest of Israel and the United States in maintaining the confrontation between Israel and Palestine; a special attention is paid to the review of the history of close cooperation (partnership) between the United States and Israel, due to which the United States is unable to be an impartial and fair arbiter in the dispute between Palestine and Israel.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"1 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":"128852837","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":"CRIMINOLOGICAL ASPECTS OF ENSURING TRANSPORT SECURITY AND CRIME PREVENTION IN THE FIELD OF TRANSPORT","authors":"I. Sementsova, E. Fedorova","doi":"10.37279/2413-1733-2021-7-3(1)-217-222","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(1)-217-222","url":null,"abstract":"Focusing on the importance of the transport industry, the authors consider the issues of crime prevention in the field of transport. Taking into account the current state of transport legal relations, the conclusion is formulated about the need to form a stable transport security system. As one of their main activities in the fight against transport crime, the article systematically analyzes measures aimed at its prevention. Objects, subjects, priority directions of preventive impact are determined.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"47 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":"115224942","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":"CRIMINAL LIABILITY OF MINORS FOR CRIMES COMMITTED OUT OF HOOLIGAN IMPACTIONS","authors":"J.I. Vetchinova","doi":"10.37279/2413-1733-2021-7-1-355-361","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-1-355-361","url":null,"abstract":"The article is devoted to the investigation of the criminal liability of minors for acts that contain signs of modern hooliganism in Russia. The very concept of “criminal liability” is examined in detail, as well as the age at which it comes. Particular attention is paid to the prevalence of hooliganism among minors, as it is one of the most dangerous types of crimes against public order.\u0000The author concludes that the tendency to humanize the criminal liability of minors does not mean conniv-ance in relation to juvenile delinquents. Every person, including a teenager, must remember that you can’t live in a society, team, family and be free from the obligation to comply with the norms and rules that exist there.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"13 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":"115229696","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 RIGHT-SUPPORTING FUNCTION OF THE INVESTIGATOR: THE CONCEPT AND DIRECTIONS OF IMPLEMENTATION","authors":"R. S. Asanov","doi":"10.37279/2413-1733-2021-7-1-177-184","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-1-177-184","url":null,"abstract":"Аs one of the functions of the investigator, legal support activities gained priority after the adoption of the Constitution of the Russian Federation, but at the conceptual level in the modern science of criminal procedure has not been studied, and at the normative level in a systematic form is not presented. The traditional interpre-tation of this function of the investigator, proposed by Professor A.M. Larin back in 1986, does not fully reflect the essence of the work of the preliminary investigation body in this direction, and therefore, it is supplemented with the missing element. On the basis of a single criterion, the author also identifies five areas of implementation of the investigator’s legal support function, which allows us to get a clear idea of its content.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"72 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":"115398995","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":"PROBLEMATIC ASPECTS OF BRINGING PETTY HOOLIGANISM TO ADMINISTRATIVE RESPONSIBILITY","authors":"Y. Mishina","doi":"10.37279/2413-1733-2021-7-3(2)-42-49","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(2)-42-49","url":null,"abstract":"The article considers certain aspects of liability under Article 20.1 of the Administrative Code of the Russian Federation. The author examines law enforcement practice, analyzes shortcomings related to the qualification of petty hooliganism, the procedural processing of protocols on administrative offenses and other documents, and served as the basis for returning materials for revision or termination of proceedings in the case. Methods are proposed to determine the specific manifestations and boundaries of petty hooliganism at the stage of deciding to initiate an administrative offense case. The author concludes that it is necessary to expand the signs of the objective side of petty theft and clarify the disposition of Part 1 of Art. 20.1 Administrative Code of the Russian Federation.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"113 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":"115685819","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}