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Legal liability for speculation: modernity and prospects 投机行为的法律责任:现代性与前景
SeveroKavkazskii iuridicheskii vestnik Pub Date : 2023-09-01 DOI: 10.22394/2074-7306-2023-1-3-93-106
Куликов Олег Владимирович, Трондина Дарья Константиновна
{"title":"Legal liability for speculation: modernity and prospects","authors":"Куликов Олег Владимирович, Трондина Дарья Константиновна","doi":"10.22394/2074-7306-2023-1-3-93-106","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-93-106","url":null,"abstract":"In the conditions of the sanctions war declared by our country, as well as the global trend towards rising prices for food and resources, there is a possibility of a commodity shortage. Artificially created as a result of unscrupulous activities of persons called speculators, it can cause panic and excitement among the population, undermine the authority of state power, and damage the economy. Meanwhile, there is no criminal liability for speculation now, and administrative liability has been established only for individual violations. To eliminate this gap, it is proposed to introduce the concept of \"speculation in a special situation\" and introduce appropriate norms into the criminal law and legislation on administrative offenses.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640745","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
Thirty years of Russian Constitution 俄罗斯宪法三十年
SeveroKavkazskii iuridicheskii vestnik Pub Date : 2023-09-01 DOI: 10.22394/2074-7306-2023-1-3-34-39
Акопов Леонид Владимирович
{"title":"Thirty years of Russian Constitution","authors":"Акопов Леонид Владимирович","doi":"10.22394/2074-7306-2023-1-3-34-39","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-34-39","url":null,"abstract":"The Constitution of the Russian Federation, constitutional principles and norms, values of the Basic Law, stability and variability of the Constitution, constitutional amendments, subjects of the Russian Federation, implementation of the provisions of the Constitution, conflicts of the text of the Basic Law, the role and significance of the Constitution in the life of the state and society, human rights, institutions of public power.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640563","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
Reform of the rules of arbitration in the framework of the dispute settlement system between foreign investors and states 改革外商与国家争端解决机制框架下的仲裁规则
SeveroKavkazskii iuridicheskii vestnik Pub Date : 2023-09-01 DOI: 10.22394/2074-7306-2023-1-3-23-33
Волова Лариса Ивановна
{"title":"Reform of the rules of arbitration in the framework of the dispute settlement system between foreign investors and states","authors":"Волова Лариса Ивановна","doi":"10.22394/2074-7306-2023-1-3-23-33","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-23-33","url":null,"abstract":"The author's interest in the topic of the article is caused by the fact that in the conditions of the new geopolitical reality, international investment relations are changing very quickly, in connection with this, risks are increasing and therefore there is a need to strengthen the protection of the rights of foreign investors. In this article, the author examines important problematic issues of the autonomous system of dispute settlement between investors and states created by the Washington Convention of 1965. Since 2017 under the auspices of the UN Commission on International Trade Law, this system is being reformed in the direction of increasing the efficiency of its functioning. It concerns important aspects of this system and is aimed at improving the rules of arbitration procedure, improving the quality of work of arbitrators, strengthening the validity of decisions made by arbitrators on disputes, modernizing the procedure for financing disputes by a third party and ensuring its legal regulation by relevant legal acts, two such acts have already been developed and are currently being discussed by delegations of States and representatives of international organizations: Code of Conduct for Arbitrators and Regulation on the Financing of a Dispute by a Third Party. Comparing the provisions of these documents with each other and with existing legal acts, the author comes to the conclusion that their implementation in the Arbitration Rules will contribute to improving the efficiency of judicial proceedings, increasing the role of arbitrators in managing all the mechanisms of the judicial process, speeding up the terms of dispute resolution and reducing the cost of procedural costs.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640565","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
Issues of legal evaluation of erotic massage salons 色情按摩沙龙的法律评价问题
SeveroKavkazskii iuridicheskii vestnik Pub Date : 2023-09-01 DOI: 10.22394/2074-7306-2023-1-3-64-71
Миллеров Евгений Владимирович
{"title":"Issues of legal evaluation of erotic massage salons","authors":"Миллеров Евгений Владимирович","doi":"10.22394/2074-7306-2023-1-3-64-71","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-64-71","url":null,"abstract":"Within the framework of this publication, the issues and problems of bringing to legal responsibility the owners of erotic massage salons and the masseuses themselves (masseurs) practicing this activity on a systematic paid basis are considered. This activity is analyzed from a legal point of view, including through the prism of the concept of \"prostitution\", on the basis of current Russian legislation, as well as the opinions of various authors who have devoted their scientific works to legal issues of combating pros-titution and the provision of sexual services of a different nature. The judicial practice of bringing persons to legal responsibility for the organization and provision of erotic massage services on a paid basis is also analyzed. The absence of a unified approach in the activities of law enforcement agencies regarding the qualification of such actions has been revealed, which, according to the author of this publication, is a consequence of the lack of definition of the term \"prostitution\" used in the norms of Russian law. Solutions to this problem are proposed.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640570","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
Canon law of the Eastern Roman Empire as a historical source of domestic criminal law 东罗马帝国教会法作为国内刑法的历史渊源
SeveroKavkazskii iuridicheskii vestnik Pub Date : 2023-09-01 DOI: 10.22394/2074-7306-2023-1-3-122-141
Арямов Андрей Анатольевич
{"title":"Canon law of the Eastern Roman Empire as a historical source of domestic criminal law","authors":"Арямов Андрей Анатольевич","doi":"10.22394/2074-7306-2023-1-3-122-141","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-122-141","url":null,"abstract":"The purpose of this work is to refute the point of view of a number of theorists about the legal \"backwardness\" and programmed implementation doom of domestic public (and, above all, criminal) law. In this article, the author declares and argues the thesis that domestic criminal law (Russian/Russian) was initially, from the moment of its formation, based on the traditions of classical Roman law in its most developed Byzantine form. The reception of Roman law into Russian criminal law was carried out in two directions: canon law and secular law. And if the vector of Byzantine influence on the development of secular criminal law has faded over time, then canon law continues to test it to this day. As a result, the author substantiates the conclusion that understanding the true historical roots of the formation of domestic law forms the foundation for its development at the moment and frees the reform of Russian criminal law from artificially imposed dependence on the trends of development of European public law.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"2013 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640572","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
Countering crimes related to embezzlement of budget funds allocated for the implementation of national projects 打击挪用国家项目实施预算资金犯罪
SeveroKavkazskii iuridicheskii vestnik Pub Date : 2023-09-01 DOI: 10.22394/2074-7306-2023-1-3-107-116
Фарахиев Динар Минзеферович
{"title":"Countering crimes related to embezzlement of budget funds allocated for the implementation of national projects","authors":"Фарахиев Динар Минзеферович","doi":"10.22394/2074-7306-2023-1-3-107-116","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-107-116","url":null,"abstract":"The relevance of this study is due to the increase in the number of registered crimes related to the theft of budget funds allocated for the implementation of national projects. The materials of the study were doctrinal sources in the field of combating crimes committed as part of the implementation of national projects in Russia, as well as the positive preventive experience of the economic security and anti-corruption departments of the Russian Ministry of Internal Affairs. General scientific and particular scientific methods of cognition were used; the structural-logical method, the method of analogy and generalization were used. Analyzed the most common violations associated with the theft of funds allocated from the budget for the implementation of national projects. The positive experience of law enforcement practice in identifying and documenting the facts of embezzlement of budgetary funds allocated for the implementation of national projects is considered. The results of the author's research, expressed in the development of a sequence of actions to improve the efficiency of disclosure and investigation of crimes of the category under study, are proposed. The author points out the importance of operational-search activities, namely the activities of the economic security and anti-corruption units of the Ministry of Internal Affairs of Russia in the process of countering crimes related to the theft of budget funds allocated for the implementation of national projects. In conclusion, methodological recommendations are proposed for the territorial heads of the economic security and anti-corruption departments of the Ministry of Internal Affairs of Russia.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640564","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
Russia and Turkey: the evolution of foreign policy (1920-2020) 俄罗斯与土耳其:外交政策的演变(1920-2020)
SeveroKavkazskii iuridicheskii vestnik Pub Date : 2023-09-01 DOI: 10.22394/2074-7306-2023-1-3-7-16
Абайханова (Магаяева) Патия Исмаиловна
{"title":"Russia and Turkey: the evolution of foreign policy (1920-2020)","authors":"Абайханова (Магаяева) Патия Исмаиловна","doi":"10.22394/2074-7306-2023-1-3-7-16","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-7-16","url":null,"abstract":"This article presents the political experience of cooperation between Russia and Turkey for a century, in particular, foreign policy has been studied since the signing of the «Treaty of Friendship and Brotherhood between the RSFSR and Turkey» in Moscow on March 16, 1921 to the present. The author notes the positive results of bilateral cooperation between Moscow and Ankara, providing such important factors as active cooperation in the areas of conflict res-olution and combating terrorism, preservation of international and regional security, expansion of relations in the field of cultural and public relations.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640574","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
The procedural and legal nature of disputes involving persons engaged in entrepreneurial activity without state registration as an individual entrepreneur 涉及未在国家登记为个体企业家而从事创业活动的人的纠纷的程序和法律性质
SeveroKavkazskii iuridicheskii vestnik Pub Date : 2023-09-01 DOI: 10.22394/2074-7306-2023-1-3-86-92
Тихонов Владимир Владимирович
{"title":"The procedural and legal nature of disputes involving persons engaged in entrepreneurial activity without state registration as an individual entrepreneur","authors":"Тихонов Владимир Владимирович","doi":"10.22394/2074-7306-2023-1-3-86-92","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-86-92","url":null,"abstract":"The article discusses approaches to determining the jurisdiction of disputes involving persons engaged in entrepreneurial activity without state registration as individual entrepreneurs (\"self-employed\"). The author critically analyzes the arguments used by judicial authorities in motivating acts referring disputes involving the \"self-employed\" to the jurisdiction of courts of general jurisdiction.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640577","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
CRIMINALLY-LEGAL IMPACT AS A SOCIO-CULTURAL PHENOMENON 作为一种社会文化现象的刑事法律影响
SeveroKavkazskii iuridicheskii vestnik Pub Date : 2023-06-01 DOI: 10.22394/2074-7306-2023-1-2-149-155
Шаблинская Диана Викторовна
{"title":"CRIMINALLY-LEGAL IMPACT AS A SOCIO-CULTURAL PHENOMENON","authors":"Шаблинская Диана Викторовна","doi":"10.22394/2074-7306-2023-1-2-149-155","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-2-149-155","url":null,"abstract":"The article is devoted to topical issues of criminally-legal impact, which is substantiated and considered as a sociocultural phenomenon. The purpose of this study is to form new scientific knowledge about the criminally-legal impact using the sociocultural approach as the methodological basis of the study and to identify the main directions for understanding and improving the measures of criminal legal impact at the present stage of society development. The methodological basis of the study is a socio-cultural approach to legal phenomena, using comparative historical, system analysis, axiological and other methods of scientific knowledge. The patterns of understanding of punishment in the socio-cultural context are revealed. The modern understanding of punishment as a form of realization of criminal responsibility is determined. The development of the restorative-compensatory potential of the criminal-legal impact is substantiated. The task of searching for a universal value basis for measures of state coercion in criminal law is formulated. Based on the socio-cultural approach, it is proposed to determine the prospects for the development of criminally-legal impact and criminal law.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49074113","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
APPLICATION OF THE GOLDEN RATIO IN JURISPRUDENCE: ANALYSIS AND PERSPECTIVES 黄金比例在法理学中的应用:分析与展望
SeveroKavkazskii iuridicheskii vestnik Pub Date : 2023-06-01 DOI: 10.22394/2074-7306-2023-1-2-156-162
Шапсугова Мариетта Дамировна
{"title":"APPLICATION OF THE GOLDEN RATIO IN JURISPRUDENCE: ANALYSIS AND PERSPECTIVES","authors":"Шапсугова Мариетта Дамировна","doi":"10.22394/2074-7306-2023-1-2-156-162","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-2-156-162","url":null,"abstract":"This article examines the application of the golden ratio, also known as the golden proportion, in jurisprudence. The golden ratio is a mathematical and aesthetic principle that has been known since ancient times, and its application in various fields of knowledge has attracted the interest of researchers. The article explores examples of the use of the golden ratio in legal practice, including the analysis of legal texts, argumentation, and the making of judicial decisions. Drawing on existing research and theoretical concepts, the article also discusses the prospects of applying the golden ratio rule to enhance effectiveness and fairness in jurisprudence. The author was inspired by the monograph \"The Golden Ratio and Evolution: An Introduction to the General Theory of Non-local Evolution\" by Kokin A. V. and Kokin A. A., published in 2022, where the authors examined the theory of the golden ratio through the lens of the synergistic paradigm.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42904926","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
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