Proceedings of the XIV European-Asian "The value of law" (EAC-LAW 2020)最新文献

{"title":"Confiscation of Property as an Appropriate Response for Crimes of a Corruption Nature","authors":"K. Korsakov","doi":"10.2991/assehr.k.201205.026","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.026","url":null,"abstract":"This scientific article reflects the results of a study on topical and important issues concerning confiscation of property as an effective and successful anti-corruption tool in the Russian Federation these days. To achieve the objectives of the study the author carefully analyzed legislative changes directly related to the use of the property confiscation mechanism that have occurred in Russia recently. As a result of a study of the legal specifics of this criminal law institution and the existing law enforcement practice in modern Russia, it was concluded that confiscation of property as a separate criminal punishment could become an adequate and fair response from the state to corrupt behavior of officials at any level. The findings of the study also include the conclusion that in modern socio-economic conditions, confiscation of property has a number of advantages compared to types of criminal punishment and other measures of a criminal law nature in terms of preventing corruption. The significance of the study lies in the convincing evidence that the preventive effect of the institution of confiscation of property is primarily expressed in the well-founded fears and fears of potential criminals to lose their valuable property as a result of its nationalization, which deter and protect them from committing criminal acts of corruption. The results of this scientific study can be successfully applied both in the further study of the problem of combating corruption in modern Russia, as well as in the legislative process and in the practical sphere.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131346928","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":"Value of Legal Regulation in the Context of the Challenges of the XXI Century","authors":"V. V. Kovaleva","doi":"10.2991/assehr.k.201205.027","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.027","url":null,"abstract":"Under the condition of the development of high technologies, the fourth technological revolution and global pandemic modern society faces new challenges that transform social communication and determine the revision of values in general and the value of legal regulation as an effective means of the management of society. The purpose of the research is to consider the value of the regulatory potential of positive law as a response to existing challenges. The research object is social relations arising in the process of legal regulation. The research subject is the value of legal regulation as the solution to the emerging problems which modern society faces. On the basis of materialistic dialectics, logical, systemic-structural, functional, formal-legal methods are used. In this research according to the analysis of modern legal literature, it is concluded that at the present time, the scientific legal community is in search of optimal legal means of the regulation of social relations that arise and develop under the influence of technological transformation. Moreover, there is an urgent issue of the relationship between legal and other types of regulation of modern communication. At the general theoretical and sectoral levels of legal science, one of the key issues is the issue of values. While, on the one hand, the debate is also about the values that modern law should reflect, and on the other hand, it is about the value of the regulatory capabilities of the current law. The research allows concluding that the demand for positive law will only increase, in view of the special role of the state in the modern period, since only effective management through legal regulation will allow adequate resistance of modern challenges, based on the most important values of society. The task of modern legal science is to develop the necessary recommendations for the subjects of law-making and law enforcement in order to ensure optimal ways of the regulation of public relations. The study of the value aspect of legal regulation is necessary and promising, in respect to the formation of a new legal order in society, corresponding to an unprecedented change in modern society.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125061154","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":"Sovereignty in Cyberspace: A Scholarly and Practical Discussion","authors":"D. Krasikov, Nadezhda N. Lipkina","doi":"10.2991/assehr.k.201205.028","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.028","url":null,"abstract":"Sovereignty is a central principle of modern international law and is traditionally defined as the supreme power of a state within its territory. While acknowledging the applicability of the principle of sovereignty to the relations between nations in cyberspace, states attach different importance to the concept of sovereignty in the context and characterize it differently. Also, translated into cyber context, the traditional principle of sovereignty has become the subject of debate about its legal nature, about the obligations it engenders, and about its observance. The article reveals the main approaches to scholarly and practical understanding of the principle of sovereignty in the context of cyberspace. The authors refer to the positions of individual states and the opposing opinions of commentators regarding the role of the principle of sovereignty in regulating the behaviour of states related to the use of information and communication technologies and regarding its content. The article also focuses on addressing States' comments on the Initial “Pre-draft” of the report of the Openended Working Group on developments in the field of information and telecommunications in the context of international security (OEWG) that show divergent views on international law applicability in cyberspace. The question of how exactly the principle of sovereignty is applied to cyber relations is highlighted as a key issue in the discussions.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121157626","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":"Properties of the Results of Intellectual Activity","authors":"A. S. Vasilyev","doi":"10.2991/assehr.k.201205.066","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.066","url":null,"abstract":"The article discusses some features of intellectual property rights, which, according to the author, determine or should determine the features of legal regulation in the relevant field. The author reveals that the main motives that guide both the legislator in the formation of legal regimes for the results of intellectual activity, and the law enforcement officer in assessing the content of the established rules, lie in the sphere of Economics. The researcher reveals that the most significant properties of intellectual property objects are those properties that determine the ability of the object to participate in civil turnover. At the same time, the author notes how the actual characteristics of the results of intellectual activity are ignored, for example, in the field of copyright, related to such a property as artistic value. This approach leads to an underestimation of the requirements for qualifying the results of intellectual activity as subject to legal protection. Accordingly, this approach leads to an unjustified establishment of legal protection for mediocre, not able to benefit society, and in some cases the rightholder as well, intellectual property objects with fairly wide boundaries of the rights of the rightholder, which are ultimately implemented improperly. Excess marketability of the exclusive right is assessed as the main negative trend. The researcher makes an assumption in the context of copyright that further refusal to take into account the natural properties of this type of intellectual activity results in the long term can lead to a decline in the General cultural level of society. The author defines as a particular result of the dominant economic motives in the formation of legal regimes for the results of intellectual activity ignoring the results of scientific activity by its nature not capable of participation in civil turnover, but conceivable to protect the result of intellectual activity. The author offers a number of solutions to the problems posed in the article on the basis of the analysis.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128827445","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":"National Security as Object of Criminal Law Protection","authors":"R. Zakomoldin, V. Duyunov","doi":"10.2991/assehr.k.201205.072","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.072","url":null,"abstract":"The Criminal Code of the Russian Federation, Part 1, Article 2 defines the range of benefits that are valuable and in need of criminal law protection. One of the criminally protected benefits is security, which is defined as the state of protection of vital interests of an individual, society and the State from internal and external threats. Thus the security includes such notions as state, public and personal security. Accordingly, the general object of criminal law protection cannot be public safety, since it includes only the safety of society. It is necessary to highlight the concept that would synthesize the security of the State, society and individual, which would make it possible to exclude broad interpretation of public security as an object of criminal law protection and a common object of all crimes. It is proposed to consider national security as an object of criminal law protection and a common object of all crimes. National security, being a social good, can be ensured by the comprehensive use of all the resources, means and instruments available to the state, including the system of means and measures of criminal law. Consequently, it is proposed to consolidate national security as such in the RF Criminal Code.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130493899","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":"Modern Anti-Corruption Tools in the Sphere of State and Municipal Finance","authors":"E. Pokachalova, V. Popov, O. Bakaeva, M. B. Razgildieva, E. N. Pastushenko","doi":"10.2991/assehr.k.201205.054","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.054","url":null,"abstract":"This work was aimed at forming an understanding of the modern tools for influencing corruption in the field of state and municipal finance. In the context of the active development of digital technologies in the field of state and municipal administration, new opportunities are opening up in understanding and assessing corruption processes, tracking and suppressing them. The main ways to neutralize this phenomenon are to reduce bureaucratic processes associated with obtaining managerial decisions, as well as to ensure transparency in the activities of the state and municipal apparatus. These measures are being implemented with varying degrees of efficiency in the field of budgetary relations, as well as relations with the participation of the Central Bank of the Russian Federation and customs authorities. The most effective implementation of anti-corruption activities is carried out within the framework of customs structures. Various information resources and databases have been introduced into the practice of budgetary activities, but they are not fully focused on combating corruption. The development and application of digital technologies will make it possible to transfer the implementation of the state anti-corruption policy to the level of precautionary and preventive impact, although it is quite obvious that this is possible subject to the political will to solve this problem at the national level. Anti-corruption activities are often replaced by their imitation, which is also associated with a low degree of confidence on the part of the business community and the population in such events. State support is needed for anti-corruption public organizations.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129772177","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 Role of the Constitutional Court of the Russian Federation in the Fight Against Corruption","authors":"O. Kozhevnikov, Anatoly Tihanovich Karasev, A. Savoskin","doi":"10.2991/assehr.k.201205.060","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.060","url":null,"abstract":"Corruption is inevitable in any modern society. There are various ways to combat corruption and the main one is legal. However, legal requirements are not always specific, which gives rise to various law enforcement practices and entails a violation of human rights and freedoms or infringement of the interests of the state. In an ideal society, all laws are clear and respected by all parties to the relationship. This provides a rule of law. But the rule of law cannot function effectively if the content of legal norms is unclear or controversial. In the Russian Federation, the special body of constitutional review is the Constitutional Court of the Russian Federation, whose decisions are binding on all subjects of law and cannot be appealed. The Constitutional Court of the Russian Federation checks the compliance with the Constitution of the Russian Federation of the norms of anti-corruption laws, eliminates the uncertainty of legal norms and ensures the rule of law in the Russian Federation.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"28 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113975139","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":"Corruption in Russian Society: Socio-Psychological and Socio-Cultural Foundations","authors":"Rail Maratovich Ianbukhtin","doi":"10.2991/assehr.k.201205.070","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.070","url":null,"abstract":"The problem of the growth of the corruption threat in contemporary Russian society is considered in the article from the position of socio-philosophical knowledge. The initial methodological premise of the study of the corruption phenomenon is the identification of its nature and essence as a negative social fact associated with socio-cultural and socio-psychological processes and factors that affect the worldview of people, their behavior, interaction with each other, their attitude to life, society, and the world. Socio-psychological phenomena are determined among the major factors of the corruption growth in public life (selfishness, egoism, self-interest, a sense of superiority, immoderate consumerism, and acquisitiveness), as well as socio-cultural conditions, the most important of which are social inequality, strong social stratification, technization and human automation, commercialization, and virtualization of the world. Particular importance is given to the existing social alienation in society and a certain moral of the corruption worldview, corruption ideology when comprehending corruption foundations and the behavior of an atomic social subject. Specific attention is paid to the disclosure of this phenomenon in the context of a corrupt or criminal subculture. Priority areas of counteraction against a destructive model of behavior in Russian society are determined in accordance with the position taken in understanding corruption as a model and means of behavior, by dint of which an individual aims at solving certain issues and realizing his or someone’s interests.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"22 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":"126679617","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 Commercial Legal Entity in Vietnamese Law","authors":"Bui Sy Nam","doi":"10.2991/assehr.k.201205.010","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.010","url":null,"abstract":"Through searching of the current situation of Vietnam's current legal situation and learning from the experience of other countries in the world providing for criminal liability for legal entities, Vietnamese criminal law scientists have boldly building up the criminal liability regulations for commercial legal entities in Vietnam's criminal code. On November 27, 2015, the National Assembly of the Socialist Republic of Vietnam voted to pass the amended Criminal Code that takes effect from January 1, 2018. The introduction of the Criminal Code in 2015 marked a breakthrough development in Vietnam's criminal policy and legislative thinking. For the first time in the history of criminal legislation, the Criminal Code provides for the criminal liability of commercial legal entities in chapter XI with 33 specific offenses.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"24 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131521059","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":"Transformation of Legal Awareness Through the Development and Use of Alternative Methods of Conflict Resolution","authors":"S. Libanova, V. Bredneva","doi":"10.2991/assehr.k.201205.009","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.009","url":null,"abstract":"To date, the state and society are interested in transformation of legal awareness towards a positive perception of alternative methods of legal conflict resolution. For the judiciary, popularization of the alternative methods indicates a decrease in the number of cases considered, and for the society, it provides the opportunity to find a non-standard, non-typical option for settlement of a legal dispute. An attempt to develop the category of 'transformation of legal awareness' and to determine its features is a fundamentally new phenomenon in Russian science. Approaches to understanding a legal conflict are generalized. In Russian legal practice, the alternative methods of legal conflict resolution include negotiations, claim procedures (pre-trial), mediation (extrajudicial procedures), and arbitration procedures. In foreign practice, the methods include mixed forms, for example, a judge mediator. The experience of China, the Republic of Lithuania, the Netherlands, Russia, the USA, France, Croatia, Switzerland, etc. was analyzed. Legal awareness can be transformed in the educational process in schools, universities, and as part of corporate training and legal education of citizens.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","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":"124877113","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}