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":"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":"RESTORATION OF THE INSTITUTE OF PROSECUTOR’S OFFICE IN SOVIET RUSSIA","authors":"R. Khayali","doi":"10.37279/2413-1733-2021-7-3(1)-67-76","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(1)-67-76","url":null,"abstract":"The article analyzes the reasons and prerequisites for the restoration of the institution of the prosecutor’s office in the RSFSR. Shown is the process of organizing supervision by various state bodies during the absence of prosecutors. During the discussion of the Regulation on Prosecutor’s Supervision, different points of view on the place and role of the Prosecutor’s Office in the mechanism of the Soviet state are being considered. The conclusion is drawn: the creation of prosecutorial bodies and the organization of prosecutorial supervision met the challenges of the time. The full functioning of law enforcement agencies, like the entire Soviet state apparatus, became possible on the basis of the revival of a new type of prosecutor’s office, which has oversight functions for the observance of the rule of law.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"95 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":"134383268","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 STUDY OF THE AREA OF THE LEGAL REGULATION SYSTEM","authors":"A. N. Anohin","doi":"10.37279/2413-1733-2021-7-1-3-10","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-1-3-10","url":null,"abstract":"Here is researched the problems of the legal regulation system. Particular attention is paid on the study of the functional aspects of this system, embodied in the space of its possible states. The space of possible states of the system of legal regulation is considered as one of the types of legal space. The parametric characteristics of this space are the following: the structure of the establishment, the structure of the organization, the structure of the functioning of the system. The boundaries of the entities of the possible states are determined by the purpose of the legal regulation system and by the requirements for the system as well (coercive relations). The study shall be based on the emphasis on two levels of legal regulation: the system of constitutional and legal regulation (rights emanating from the people as the subject of constituent power) and the system of state and legal regulation.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"115 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":"132969764","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 TRUNCATED CORPUS DELICTI","authors":"O. V. Ermakova","doi":"10.37279/2413-1733-2020-6-2-224-229","DOIUrl":"https://doi.org/10.37279/2413-1733-2020-6-2-224-229","url":null,"abstract":"In the presented article, the author analyzes the place of the truncated crime in the classification of crimes. In particular, the author proves not only the independence of this composition, but also its important role in the prevention of crimes. Special attention is paid to the rules of constructing a truncated corpus delicti in the norms of the Special Part of the Criminal Code, compliance with which will allow not only to determine the exact structure of the composition, but also to establish the end of the crime.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"87 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121015124","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":"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}

{"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":"CRIMINAL LAW PROTECTION OF THE STOCK MARKET IN THE STATES OF THE EUROPEAN UNION","authors":"A. Kashkarov","doi":"10.37279/2413-1733-2021-7-2-147-151","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-2-147-151","url":null,"abstract":"The scientific publication examines the mechanisms of criminal law protection of the securities market in such states as: the Federal Republic of Germany (hereinafter referred to as Germany or the FRG) and the French Republic (hereinafter referred to as France). The publication substantiates why the legislation of France and Germany is taken as the basis for the scientific analysis of the criminal law protection of the stock market in this publication. A comparative legal analysis of the criminal legislation of France and Germany with the domestic criminal legislation is carried out. The fact is illustrated that, unlike domestic criminal legislation, the criminal legislation of France and Germany is not based on one source — the criminal code, but contains the so-called comparative criminal legislation, which, in addition to regulating positive public relations, provides criminal legal protection of the stock market and public relations in the sphere of issue and circulation of securities, thus, the article analyzes not only the norms of the criminal codes of Germany and France, but also the norms of corporate criminal law of these states.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"358 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120878048","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}