SeveroKavkazskii iuridicheskii vestnik最新文献

{"title":"CULTURAL EQUIPMENT OF THE CRIMINAL LAW DOCTRINE: THE NEED AND THE MAIN PARAMETERS","authors":"Бойко Александр Иванович","doi":"10.22394/2074-7306-2023-1-2-135-142","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-2-135-142","url":null,"abstract":"One of the main features of criminal law has long been recognized as its increased coercive force in comparison with other branches of jurisprudence, which makes it necessary to gradually limit this property to a socially tolerant level. The article presents arguments in favor of a qualified study of the cultural foundations of criminal responsibility and highlights two main directions of spiritual rehabilitation of our knowledge and practices of their application – which products of creative creativity of an ethnic group should be protected by criminal legal measures and which cultural requirements of an ethnic group should meet the criminal law itself.","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":"44876388","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":"TLHUKOTLI-PSHITLI IN THE CLASS STRUCTURE OF THE CIRCASSIAN SOCIETY","authors":"Озова Фатима Анатольевна","doi":"10.22394/2074-7306-2023-1-2-42-47","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-2-42-47","url":null,"abstract":"The dependence of various groups of the enslaved population of feudal Circassia had a significant gradation. The article analyzes the Circassian historical terms related to the estate of tlhukotli-pshitli (beslen-pshitl / pshi-una-ogg, ogg, lagunapyt, laguna-pshi, unaut), their correspondence to Russian historical terms peasant, serf, serf is revealed. The legal status of various categories of Tlhukotl-Pshitli is characterized on the basis of the analysis of the norms of Adyghe Khabze, their characteristics are given from the point of view of belonging to various categories of Pshi-Works, Azat and Ogg. The effect of the norms of Adyghe Khabze in relation to Tlhukotl-Pshitl is illustrated by information from narrative sources.","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":"44398098","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 PANDEMIC (ABOUT EXCESSIVE LEGALIZING OF THE HOSTEL AND OBLIVION OF OTHER REGULATORY SYSTEMS)","authors":"Бойко Александр Иванович","doi":"10.22394/2074-7306-2023-1-2-17-31","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-2-17-31","url":null,"abstract":"Russia, like most countries of the world, is going through a difficult painful period of its development, accompanied by attempts by the state to normalize most areas of life of citizens, business and management. Taking into account official calculations of the number of regulations simultaneously in force in the country and reports of the lower house of the Federal Assembly of the Russian Federation on monographic laws and amendments adopted by it annually, it follows that about 100 million legal rules are addressed to Russians. With so many prescriptions, the most qualified caste of lawyers and the administrative apparatus of any state will not cope properly. A huge regulatory array generates the need for a burdensome number of officials for the budget, intersectoral collisions and selective application of legal norms, corruption, distraction of the population from material and spiritual production, social nervousness. The negative consequences of excessive in terms of the volume of accepted and the speed of updating of existing regulations of the legal system of society have been noticed and evaluated in science. The main drawback of lawmaking has been called «legislative inflation», understood as a steady increase in regulatory arrays and their permanent novelization. Hence, domestic lawyers concentrated mainly on technological claims to the parliament and attempts to provide it with appropriate methodological assistance. The article also attempts to develop the problem. Relying on economic and medical knowledge, doctrinal views of Russian and foreign scientists, it is shown that excessive legal regulation has reached the threshold of a pandemic and evidence of this is given: it covers not only parliamentary, but also law enforcement activities; the private-property virus of this negative state is identified and characterized; the legal pandemic is linked to privatization, property inequality, atomization of the population and his moral anemia; methods of gradual, balanced displacement of legal rules by moral imperatives, religious teachings, the experience of the older generation, rituals and traditions, examples of asceticism and heroism from the history of ethnic groups, sayings and proverbs are proposed. As a result, it is stated that in critical periods of evolution, even the «consumer» society becomes aware of the truth – intangible assets are no less important than property well-being and a well-ordered life for the arrangement of a peaceful productive life of the people.","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":"44240108","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 THE RELATIONSHIP BETWEEN THE LEGAL STATUSES OF A SPOUSE AND A MEMBER OF A LIMITED LIABILITY COMPANY","authors":"Зубарева Ольга Григорьевна, Крупнова Александра Леонидовна","doi":"10.22394/2074-7306-2023-1-2-95-102","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-2-95-102","url":null,"abstract":"The article is devoted to the analysis of responsibility for the legal status of spouses and the existence of a limited liability company. To date, questions have been raised about the relationship between the norms of family and corporate law on the choice of the procedure for using and distributing shares as property owned by spouses on the other hand. The authors, analyzing judicial practice, come to the emergence of an unusual nature of the application of legal statuses depending on the underlying legal relationship.","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":"46358159","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":"REFLECTION OF CRIMINAL LAW IN LITERATURE AND ART","authors":"Корецкий Данил Аркадьевич","doi":"10.22394/2074-7306-2023-1-2-143-148","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-2-143-148","url":null,"abstract":"The development of the technical capabilities of the media to expand the audience, combined with an increase in the share of action-packed literature, films and TV series, raised the question of the nature of the impact of this cultural product on public consciousness. What is primary and what is secondary – the fight against crime in fiction or the same process in real life? Despite the seemingly obvious answer, there is no consensus on this issue. The attempts made by individual dissertators to achieve certainty in the above dilemma give interesting results, but such studies are isolated. Therefore, a purposeful and thorough study of action-packed works and the process of their impact on public consciousness seems relevant.","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":"43257274","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 CHANGES AND TERMINATION OF A SMART CONTRACT UNDER THE LEGISLATION OF THE RUSSIAN FEDERATION","authors":"Шатковская Татьяна Владимировна, Евстафьева Алина Александровна","doi":"10.22394/2074-7306-2023-1-2-85-94","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-2-85-94","url":null,"abstract":"The article is aimed at developing practical recommendations for overcoming the problems of changing and terminating smart contracts due to gaps in their legislative regulation. The authors analyze the possibility of applying the general provisions for changing and terminating the contract, enshrined in Chapter 29 of the Civil Code of the Russian Federation, to a smart contract. The article proposes legal mechanisms for changing and terminating a smart contract. The authors conclude that now, when changing and terminating a smart contract, it is not enough to rely on the general provisions of the Civil Code of the Russian Federation, there is an urgent need to solve this problem both through legislative changes and by developing practical mechanisms for implementing existing grounds and methods.","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":"48696624","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":"FOREIGN EXPERIENCE IN THE USE OF CONCILIATION PROCEDURES IN THE ARBITRATION PROCESS: PROSPECTS OF APPLICATION IN RUSSIA","authors":"Бухарова Ирина Викторовна","doi":"10.22394/2074-7306-2023-1-2-68-74","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-2-68-74","url":null,"abstract":"The article examines the legislation of foreign countries on the reconciliation procedure, namely the provisions regulating the work of conciliation procedures that are not represented in Russian legislation. The author identifies possible problems of applying the conciliation procedures discussed in the article on the territory of the Russian Federation. The relevance of the work lies in the high importance of the institution of reconciliation as a way of settling a legal dispute. Conciliation procedures are now important in resolving conflicts between the parties to the dispute, as well as in increasing citizens' confidence in the court and the judicial system as a whole. The purpose of the study is to analyze the provisions of the legislation of foreign countries on conciliation procedures in the arbitration process and to identify the possibility of using previously unknown to Russian legislation conciliation procedures. The subject of the study is the norms of the procedural legislation of the French Republic, the Norwegian Law on Arbitration, as well as the legislation of the United States of America on conciliation procedures. By analyzing the norms of the current foreign legislation and doctrine, the author substantiates the practical impossibility of applying the conciliation procedures presented in the article. This conclusion is made on the basis of an analysis of the provisions of the arbitration procedural law of Russia regulating reconciliation issues. The author notes that the current state of the institute of reconciliation in Russia simply will not be able to properly settle the issues of a new type of conciliation procedure.","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":"42742350","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 REALISM AS AN ONGOING NORMATIVE COMMUNICATION OF PEOPLE AND A KIND OF LEGAL THINKING. REFLECTIONS ON LEGAL REALITY","authors":"Шапсугов Дамир Юсуфович","doi":"10.22394/2074-7306-2023-1-2-7-16","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-2-7-16","url":null,"abstract":"The article deals with the generalized concept of legal realism as the normative communication of people being carried out through the variety of normative systems used by them and a kind of legal thinking, understood as summing up practical phenomena under a legal norm, which is one of the variants of the rational understanding of law, not ascending to the comprehension of its essence, stopping at the direct perception of visible normative communication of people as a valid law, the process of formation of which in this case remains unknown. The substantiation of the transition from the positivist interpretation of the concept of legal realism to the philosophical-legal one, made in the doctrine of law by G. Hegel and R. Iering, is given.","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":"46016672","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":"DIRECTIONS FOR IMPROVING THE ACTIVITIES OF JUVENILE AFFAIRS UNITS","authors":"Шумский Виктор Васильевич, Ткаченко Владимир Васильевич","doi":"10.22394/2074-7306-2023-1-2-80-84","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-2-80-84","url":null,"abstract":"The article analyzes the current legislation in the field of prevention of juvenile delinquency, discusses the tasks of the Department of Internal Affairs for the prevention of neglect and juvenile delinquency. The main indicators of the protection of minors are: reduction of mortality and injuries, ensuring the interests of children in all spheres of life, education of a harmoniously developed and socially responsible personality based on spiritual and moral Russian values. The positive and negative aspects of the activity are revealed, the problems of the implementation of the current legislation by the juvenile affairs units are identified, which include: insufficient organizational and staff support of the juvenile affairs units of the territorial bodies of the Ministry of Internal Affairs of Russia; problems related to the fact that the administrative responsibility of minors comes from a certain age; the refusal of parents from the procedure of medical examination of minors as a way to avoiding responsibility.","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":"48488762","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 TO HEALTH AND HEALTH CARE: CONSTITUTIONAL BASIS OF LEGAL REGULATION IN FOREIGN COUNTRIES","authors":"Симкина Ирина Владимировна","doi":"10.22394/2074-7306-2023-1-1-75-80","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-1-75-80","url":null,"abstract":"The article is devoted to research on the constitutional basis of legal regulation of the right to health and health care in foreign countries of Europe, Asia, South and North America based on the analysis of the constitutions of foreign states has been conducted. The Russian doctrine and foreign experience regarding the methodology and content of the relevant legal impact in the field of healthcare are included. Subjective competencies in the field of health care are investigated, the same standards that have received constitutional recognition in most foreign countries are identified.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43168275","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}