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

{"title":"SCIENTIFIC AND PRESENTATION MODEL OF MINIMIZING HUMAN RIGHTS RISKS IN THE ACTIVITIES OF THE STATE","authors":"Alevtina E. Novikova","doi":"10.37279/2413-1733-2021-7-3(1)-94-100","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(1)-94-100","url":null,"abstract":"The current strategic tasks of creating an unshakable human rights status of the Russian Federation presuppose the existence of a solidary and safe human rights space, creatively supported by all the resources and means intended for this purpose. However, despite the generally recognized effective human rights institutions at the national and international levels, human rights under the influence of challenges and threats identified as risks are still vulnerable and need to be guaranteed and ensured.\u0000One of the ways to resolve the current situation is to update the constitutional-sectoral theoretical and practical approach to the implementation of human rights activities. In this regard, we have developed and presented the minimizing aspect of the constitutional theory of human rights risks in the framework of this article.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"62 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114121718","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":"CONCILIATION PROCEDURES AS ALTERNATIVE CONSTITUTIONAL AND LEGAL GUARANTEES FOR THE IMPLEMENTATION OF THE PRINCIPLES OF JUDICIAL POWER","authors":"S. Trifonov, R. A. Lubsky","doi":"10.37279/2413-1733-2021-7-3(1)-108-116","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(1)-108-116","url":null,"abstract":"In this article, the author examines the features of the constitutional and legal subinstitution of multiple citizenship, analyzes the social, political, legal prerequisites for the emergence of this phenomenon, the features of the regulation of multiple citizenship in individual states. Examples of successful, coordinated settlement of cases of multiple citizenship are considered and ways of possible overcoming of collisions arising in the presence of several citizenships of an individual are analyzed.\u0000In conclusion, the authors point out that the principle of effective citizenship is a universal means of preventing and eliminating cases of multiple citizenship. Its criteria are permanent residence or most frequent stay; place of work, military or public service; the place where the person actually enjoys his civil or political rights; sometimes — the location of real estate. It is rightly noted that the prevention of multiple citizenship and the elimination of such cases is carried out using both domestic and international legal means.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"15 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":"131387324","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":"TWO METHODOLOGICAL APPROACHES TO THE STUDY OF THE LEGAL CONTENT OF THE PROVISIONS OF CIVIL LEGISLATION","authors":"V. Onischenko","doi":"10.37279/2413-1733-2021-7-1-281-288","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-1-281-288","url":null,"abstract":"The article analyzes the existing approaches to the study and identification of the legal content of the provisions of civil legislation. It is stated that the prevailing approach cannot be called methodological at all, since it is based on intuition and does not involve the use of any methodological tools. This approach dominates the practice of applying the provisions of civil legislation in Russia. Dissatisfaction with this approach to the study and identification of the legal content of the provisions of civil legislation acts has led to attempts to use the concept of reflexive action of law for this purpose. Without denying the meaning of this concept as a methodological tool for the knowledge of law, the author proves that this tool is unsuitable for the study and identification of the legal content of the provisions of civil legislation. The only methodological tools suitable for this purpose were developed at the turn of the XIX – XX centuries by E. V. Vaskovsky. More than 100 years later, it was improved and adapted to the changed conditions","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"25 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":"114551680","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 LAW AND CONCILIATION AGREEMENTS IN THE MUSCOVY OF THE XVTH–XVIIth CENTURY","authors":"A. D. Strunskiy","doi":"10.37279/2413-1733-2021-7-2-39-46","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-2-39-46","url":null,"abstract":"The issue of possibility of concluding a conciliation agreement on criminal cases in the Muscovy of the XVth–XVIIth centuries is discussed in the article. The regulations of the XIVth–XVIIth century containing pro-visions on the possibility of concluding a conciliation agreement as to the criminal cases are analyzed. The conclusion about the possibility of concluding a conciliation agreement in relation to crimes of private matter is made by the author on the basis of the use of the formal legal method. Robbery and theft, which the legislator began to classify as crimes of a public matter is the only exception. At the same time, with regard to the possibility of concluding a conciliation agreement on cases related to theft, the legislator mitigated the position in the XVIIth century. These conclusions are supported by a microhistorical research of conciliation agreements of the XVIIth century. The author concludes that practice of concluding conciliation agreements in criminal cases of private prosecution was widespread, did not contradict the law, corresponded to legal customs and social context.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"112 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":"115285579","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":"APPLICATION OF ADMINISTRATIVE PENALTIES FOR INVOLVING A MINOR IN PARTICIPATION IN UNAUTHORIZED PUBLIC EVENTS: DOMESTIC AND FOREIGN EXPERIENCE","authors":"V. Tsyndrya, S. A. Yuzvak","doi":"10.37279//2413-1733-2021-7-3(2)-58-65","DOIUrl":"https://doi.org/10.37279//2413-1733-2021-7-3(2)-58-65","url":null,"abstract":"The article examines the problem of imposing punishment for involving a minor in participation in unauthorized public events, actualized by the growth of protest moods among individual citizens, as well as their groups. The sanction of Part 1.1 of Art. 20.2 of the Code of Administrative Offenses of the Russian Federation, the main shortcomings made by the legislator in its formulation are revealed. The regularities of the appointment of administrative punishments in the area under consideration were revealed by analyzing the quantitative and qualitative indicators of judicial practice contained in the reporting statistical data on the results of the activities of Russian courts for 2019–2020. and law enforcement practice for 2019–2021. The decisions of the Russian courts in cases of administrative offenses, the responsibility for which is provided for by Part 1.1 of Art. 20.2 of the Code of Administrative Offenses of the Russian Federation, and established the arguments used by judges to choose the type and amount of administrative punishment. The experience of fixing sanctions for similar administrative offenses in the legislation of a number of post-Soviet states (Belarus, Kazakhstan, Moldova, Ukraine) is considered. Taking into account domestic and foreign experience, it is proposed: to exclude administrative punishment in the form of compulsory work from the sanction of the norm enshrined in Part 1.1 of Art. 20.2 of the Administrative Code of the Russian Federation; reduce the term of administrative arrest to 10 days; provide for administrative suspension of activity as an administrative penalty for legal entities; consider the expediency of applying to parents who involved their own children in the illegal activities of such mitigating circumstances as “… the commission of an administrative offense by a woman with a young child”, and when imposing an administrative arrest, the grounds for its non-appointment — “the woman has children under the age of fourteen years old «and others.","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":"122038175","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":"ANALYSIS OF THE CRIMINOLOGICAL CHARACTERISTICS OF RECIDIVISM IN THE REPUBLIC OF CRIMEA","authors":"T.P. Derevianskaia","doi":"10.37279/2413-1733-2021-7-3(1)-241-251","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(1)-241-251","url":null,"abstract":"Recidivism, like crime in general, is caused by the presence of certain social contradictions in any society and depends on the political, economic and social transformations that are characteristic of this stage of its development. In addition, the Republic of Crimea has distinctive characteristics, which primarily include its political and geographical location, high intensity of migration and transit processes, and resort status. These features have a significant impact on the main indicators of crime in the Republic of Crimea, which have a pronounced regional character. The effectiveness of ensuring the safety of the population from criminal attacks largely depends on taking into account such features. The article analyzes the regional specifics of recidivism in the Republic of Crimea, the state, level, dynamics and structure of recidivism, and considers the expected trends in the criminogenic situation in the near future. The analysis of the above data allows us to conclude that recidivism in the Republic of Crimea has pronounced features, a steady increase in recidivism is revealed.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"120 21","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113945155","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 REGULATION OF THE ACTIVITY OF THE SAIMAA CANAL IN THE SECOND HALF OF THE NINETEENTH CENTURY","authors":"A. Gauk","doi":"10.37279/2413-1733-2021-7-1-16-21","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-1-16-21","url":null,"abstract":"The legal regulation of the activities of the Saimaa Canal began in 1858 with a series of normative legal acts that fixed the norms and distributed the main tasks and activities of its personnel and higher authorities, and was continued by the instruction of 1875. Obviously, it should be noted that in the course of this process, both the already proven methods of organizing the activities of individual parts of water transport routes (games) were used, and, in connection with the reforms taking place in Russia and Finland, the introduction of the Main Department of Transport Routes as a supervisory authority. Given the importance of this structure for the principality, the highest supervisory authority for it was initially determined by the economic department of the Finnish Senate.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"56 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":"122559956","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 INSTITUTE OF SELF-FINANCING IN THE SOVIET STATE: THEORETICAL JUSTIFICATION AND POLITICAL AND LEGAL REGULATION IN THE SECOND HALF OF THE «STAGNATION» PERIOD (THE TURN OF 1980)","authors":"L. Rasskazov, I. V. Uporov, V. Rasskazov","doi":"10.37279/2413-1733-2021-7-3(1)-60-66","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(1)-60-66","url":null,"abstract":"The article reveals the theoretical aspects and political and legal features of the development of the institute of economic calculation in the Soviet economy at the final stage of the period of «stagnation» (the second half of the 1970s-the beginning of the 1980s). It is noted that «Kosygin reforms» were carried out in the USSR for a decade and a half to this milestone, where increased attention was paid to household calculation. However, within the framework of a planned socialist economy, this principle did not give the expected effect, and the country’s leadership did not dare to make drastic changes (the introduction of elements of market relations). As a result, the period of» stagnation «was replaced by a relatively short» perestroika», the collapse of the economy and the collapse of the USSR.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"78 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":"124991719","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":"SIMILARITIES AND DIFFERENCES OF THE PRELIMINARY AGREEMENT AND THE OPTION TO CONCLUDE THE AGREEMENT","authors":"Z. R. Bakhrieva, A. A. Murtazaeva","doi":"10.37279/2413-1733-2021-7-2-209-212","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-2-209-212","url":null,"abstract":"This study is devoted to the legal analysis and the problem of distinguishing between a preliminary agreement and an option to conclude the agreement. The article analyzes the signs of these legal structures, also concludes that, despite the similarities, there are many significant differences that emphasize their features and independence. At the same time, the authors note that the structure of the preliminary agreement, which guarantees the conclusion of the agreement, is more stringent, in contrast to the option, which does not oblige, but gives the right to conclude the agreement.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"45 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":"129933629","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":"FORMS OF IMPLEMENTATION OF RESPONSIBILITY FOR ILLEGAL EVASION FROM SERVING PUNISHMENTS NOT ASSOCIATED WITH DEPRIVATION OF FREEDOM","authors":"O. Donskaya, Nikolay Polyakov","doi":"10.37279/2413-1733-2021-7-3(1)-252-257","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(1)-252-257","url":null,"abstract":"Тhis article deals with the problem of implementing responsibility for evading the execution of punishments not related to deprivation of liberty. The authors of the article note that at present there is no really effective mechanism for implementing responsibility for evading serving a sentence not related to deprivation of liberty. The only existing form of implementing criminal executive responsibility for malicious evasion from serving a sentence not related to deprivation of liberty is to replace the punishment imposed by a court verdict with a more severe one.\u0000The scientific article concludes that the concept of malicious evasion of punishment of one or another of the types under consideration should also be contained in the articles of the Criminal Code of the Russian Federation regulating these types of punishments. Proposals are being made to supplement the Criminal Code of the Russian Federation with relevant norms.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"103 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":"121839551","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}