Proceedings of the Southwest State University. Series: History and Law最新文献

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Innovations in Forest Management, Accounting and Assessment of Forests in Russia in the XIX Century 19世纪俄罗斯森林管理、会计和评估的创新
Proceedings of the Southwest State University. Series: History and Law Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2022-12-6-202-214
S. Nikiforov, L. Sembiyeva
{"title":"Innovations in Forest Management, Accounting and Assessment of Forests in Russia in the XIX Century","authors":"S. Nikiforov, L. Sembiyeva","doi":"10.21869/2223-1501-2022-12-6-202-214","DOIUrl":"https://doi.org/10.21869/2223-1501-2022-12-6-202-214","url":null,"abstract":"Relevance. Until now, one of the main problems in the forest industry remains the problem of accounting and saving forests from destruction. Huge damage to forests is caused by illegal logging and fires. It is possible to take into account losses only if we have information about the area of forests growing in Russia. Today, the state is conducting the second stage of the state forest inventory program “Forestry Development” to identify the quantitative and qualitative characteristics of Russian forests. Due to the significant amount of work, this stage will last until 2030 inclusive. At the same time, in the history of Russia there are examples of the implementation of programs for accounting for forest lands, the experience of which should be taken into account in the framework of optimizing the modern \"forest\" policy. In this regard, the presented article acquires special relevance and timeliness. The purpose. Studying the experience of conducting statistical accounting of forest lands in Russia in the middle of the 19th century. Objectives. Within the framework of the article, the following tasks are solved: to assess the reliability of statistical information on the area of forests available to the Forest Department at the time of the start of the implementation of the static accounting program; to identify the features of statistical accounting of forest lands in Russia in the middle of the 19th century; identify the obstacles that have arisen in the way of implementing the state program for accounting for the forests of the Russian Empire and assess their impact on the organization and results of accounting for forest resources. Methodology. The research methodology is based on the principles of historicism, determinism and objectivity. The article carried out a comprehensive analysis of archival documents and published sources, used the methods of statistics and data comparison, synthesis. The results obtained are based on historical sources. Results. В 1860-х гг. данные о количестве и качестве лесов европейской части Российской империи, несмотря на наличие значительных трудностей, были собраны Министерством государственных иму-ществ по всем губерниям. Сведения были опубликованы в журнале министерства. Conclusion. The implementation of the program of statistical description of forests and the forest industry in the provinces of the European part of the Russian Empire was in itself an innovation. From the time of Catherine II to the 60s. 19th century In the state, an inventory of forest lands has never been carried out. Thus, the program of statistical description of the forests of the provinces of the European part of Russia, launched by the Ministry of State Property at the end of 1858, was the first attempt to obtain reliable information about the area of Russian forests.","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","volume":"32 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":"117200208","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
On the Issue of the Strategy of Public Prosecution in the Process of Proving a Criminal Case in the Court of First Instance 论初审法院刑事举证过程中的公诉策略问题
Proceedings of the Southwest State University. Series: History and Law Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2022-12-6-99-112
E. Bryanskaya, O. Pashutina
{"title":"On the Issue of the Strategy of Public Prosecution in the Process of Proving a Criminal Case in the Court of First Instance","authors":"E. Bryanskaya, O. Pashutina","doi":"10.21869/2223-1501-2022-12-6-99-112","DOIUrl":"https://doi.org/10.21869/2223-1501-2022-12-6-99-112","url":null,"abstract":"Relevance. The participation of the prosecutor in the process of proving in the court of first instance, in many respects, makes it possible to ensure the objectivity of the consideration of a criminal case, to fill in the gaps in the preliminary investigation in court. The existing shortcomings in law enforcement, the imperfection of the criminal pro-cedure law, in the part related to the topic of the study, necessitate further understanding of the problems of the public prosecution strategy in the process of proving, developing proposals to improve the efficiency of the prosecutor. The purpose: based on the results obtained, to develop scientific provisions of theoretical and practical im-portance in order to improve the criminal procedure law and the practice of its application. Objective: to disclose the content of the prosecutor's participation in the process of proving a criminal case in the court of first instance, to propose measures to improve the criminal procedure law and the procedural activities of the prosecutor, in part related to the topic of the study. Methodology. The methodological basis of the research is the provisions of the general scientific dialectical method of cognition of the surrounding reality. The authors used such general scientific methods as analysis, synthesis, induction, deduction, as well as formal-logical, formal-legal methods of cognition, observation method and questionnaire. Results. The state prosecutor participating in the court session is not just one of the parties, but acts on behalf of the state, which requires him to strictly comply with the requirements of a modern legislator, the ability to develop a strategy in a \"dispute\". The strategy should be based on a deep knowledge of the materials of the criminal case, the presentation of evidence in such a harmonized composition that allows the court to reasonably convince the prosecution of the position of the prosecution. Conclusion. Maintaining public prosecution in court is one of the areas of activity of the prosecutor's office, which is significant not only from the standpoint of ensuring accurate, uniform application of the law, but also from the standpoint of achieving the objectives of criminal proceedings. It requires the prosecutor to demonstrate high profes-sionalism, and further actions of the legislator towards creating an appropriate basis for the implementation of such activities.","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","volume":"41 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":"125075264","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 Principle of Full Compensation for Harm and Its Reflection in the Legislation of the Russian Federation 损害充分赔偿原则及其在俄罗斯联邦立法中的体现
Proceedings of the Southwest State University. Series: History and Law Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2021-11-5-96-103
I. M. Grigorieva
{"title":"The Principle of Full Compensation for Harm and Its Reflection in the Legislation of the Russian Federation","authors":"I. M. Grigorieva","doi":"10.21869/2223-1501-2021-11-5-96-103","DOIUrl":"https://doi.org/10.21869/2223-1501-2021-11-5-96-103","url":null,"abstract":"Relevance. One of the basic approaches for civil law is to allow the injured party to claim full compensation for the harm caused and the losses incurred. The widespread use of this approach is based on universal ideas about the reasonableness and fairness of full compensation to the injured party for the diminution of its property sphere at the expense of the offender or other harm-doer. Compensation of damages, directly related to the implementation of the principle of compensation for harm, plays a crucial role among all the means of protection of subjective civil rights specified in the list given in article 12 of the Civil Code of the Russian Federation. The purpose of the study is to develop theoretical provisions defining the specifics of implementation of the principle of full compensation for damages at the current stage of development of market economy and social relations in the Russian Federation. Objectives: to identify the problems associated with the implementation of the principle of full compensation for harm in the civil law of the Russian Federation; ; to determine the features of the balance of interests in the recovery of compensation and other cases of compensation for harm caused; to determine the directions of further development of legal regulation of the issues under consideration. Methodology. When writing the work, dialectical-materialistic method, systematic method, methods of analysis and synthesis, formal-legal method were used. The results of the research are of a theoretical and applied nature and are aimed at improving the quality of legal regulation of civil legal relations. The conclusions made in the article are of debatable character, are aimed at continuing of researches in the framework of the stated theme, are aimed at development of the main principles that allow to solve in a unified way the problems connected with realization of the rights to full compensation of damage to the injured party at the expense of its causer. The article is a continuation of scientific studies of the author on issues related to the problems of civil liability.","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","volume":"93 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":"114437045","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: 1
Problems of Serving Compulsory Sentences Medical Measures Related to with Punishments Without Isolation from Society 强制服刑医疗措施与不与社会隔离的刑罚相关的问题
Proceedings of the Southwest State University. Series: History and Law Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2021-11-5-114-129
A. Savin
{"title":"Problems of Serving Compulsory Sentences Medical Measures Related to with Punishments Without Isolation from Society","authors":"A. Savin","doi":"10.21869/2223-1501-2021-11-5-114-129","DOIUrl":"https://doi.org/10.21869/2223-1501-2021-11-5-114-129","url":null,"abstract":"Relevance. Given that mental illnesses, as it is commonly believed, are negative factors in the development of society, the state takes not inconclusive steps to contain such diseases and at the same time gets rid of already di-agnosed cases by applying various methods of treatment and prevention. Taking into account that every year measures of criminal-legal influence without isolation from society are prescribed in more than 70 % of cases of convictions, the question of combining them with the treatment of persons diagnosed with mental illness is simply necessary. In the scientific community, it has been repeatedly discussed and the conclusions were approximately the same that the person committing the crime is more likely to have signs of \"deviant\" behavior, which indicates that it is necessary to at least diagnose it. As has been repeatedly discussed and, in fact, has become an axiom – the presence of a mental illness in a person increases the likelihood of committing an illegal act. The purpose of the study is to form scientific ideas about the processes of combining medical coercive measures with non-isolation punishments. Objectives: to study the provisions of judicial practice; to identify the problems of correlation of medical measures with punishments without isolation from society and their implementation; to formulate proposals to resolve these legal gaps. Methodology. In the process of working on the research, both general scientific methods (analysis, synthesis) and methods of legal science (formal legal, comparative legal) were used. The results of the study are a proposal to significantly supplement the theory of the institution of compulsory medical measures in particular and criminal law measures in general. Conclusions. The conducted research allowed us to assert that it is necessary to impose a duty on a convicted person, if there are sufficient grounds, to undergo treatment for a mental illness. In addition, it is necessary to introduce responsibility in the criminal law for evading the performance of such a duty, while at the same time designating the subject of control over the performance.","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","volume":"38 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":"123932524","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
On the Question of the Possibility of Renouncing Subjective Rights as a Result of Misconduct 论失当行为导致主观权利放弃的可能性问题
Proceedings of the Southwest State University. Series: History and Law Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2021-11-5-155-167
O. Pashutina, I. Revina
{"title":"On the Question of the Possibility of Renouncing Subjective Rights as a Result of Misconduct","authors":"O. Pashutina, I. Revina","doi":"10.21869/2223-1501-2021-11-5-155-167","DOIUrl":"https://doi.org/10.21869/2223-1501-2021-11-5-155-167","url":null,"abstract":"Relevance. The rejection of subjective law is a phenomenon little studied in modern criminal procedure doctrine, as a result of which the question of the forms of behavior of participants in criminal proceedings, which determine the possibility of its implementation, remains unresolved. The definition of behavioral boundaries has both theoretical and practical significance: it contributes both to the enrichment of criminal procedure science, ensuring the proper level of legal protection of the individual in the field of criminal procedure relations, and acts as one of the guarantors of proper law enforcement. The purpose of the study is to develop an author's approach to determining the possibility of renouncing the right through the unlawful behavior of a person who has fallen into the sphere of criminal proceedings and its legal consequences. Objectives: to study doctrinal sources and judicial practice in order to establish the possibility of realizing the rejection of subjective law through both lawful and unlawful behavior; to identify the types of legal consequences of the rejection of subjective law, depending on the forms of behavior of a participant in criminal proceedings. Methodology. The methodological basis of the research is the provisions of the general scientific dialectical method of cognition of the surrounding reality in its connection and interaction, the general scientific systematic ap-proach. In the course of the work, formal legal, comparative methods and the method of observation were used. Results. The conclusion is formulated that the rejection of the subjective right is possible only in the form of lawful behavior. Based on the author's vision of the nature of the behavior of a participant in criminal proceedings, which may underlie the rejection of subjective law, the concept of \"criminal procedural punishment\" is developed, its characteristics are given. Conclusion. The waiver of the right is possible only on condition that the behavior of the participant in the criminal proceedings is lawful. Illegal behavior, expressed in the form of committing actions that violate the normal course of legal proceedings, naturally entails the reaction of the state in the form of depriving a citizen of his subjective right, which should be called \"criminal procedural punishment\".","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","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":"124130046","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
On the Question of the Means Affecting the Achievement of the Effectiveness of Criminal Procedural Activity 论影响刑事诉讼活动效力实现的手段问题
Proceedings of the Southwest State University. Series: History and Law Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2021-11-6-133-144
O. I. Darovskikh
{"title":"On the Question of the Means Affecting the Achievement of the Effectiveness of Criminal Procedural Activity","authors":"O. I. Darovskikh","doi":"10.21869/2223-1501-2021-11-6-133-144","DOIUrl":"https://doi.org/10.21869/2223-1501-2021-11-6-133-144","url":null,"abstract":"The relevance of the chosen topic is due to the absence in the doctrine of scientific research related to the problems of ensuring the effectiveness of criminal procedural activity. The purpose is to identify, structure and study the means that affect the effectiveness of procedural activities in order to further optimize them. The objectives of the research are: classification of means that ensure the effectiveness of criminal procedural activity; development and justification of the feasibility of identifying several levels at which the tasks of ensuring the effectiveness of procedural activities are solved; characteristic of each level. Methodology. The methodological basis of the research was formed by the method of dialectical cognition; specific sociological methods: questioning, observation; method of system-structural analysis; and etc. Results. 4 levels were identified and substantiated, on the basis of which the means that affect the effectiveness of criminal procedural activity are manifested - this is the scientific level, legislative, law enforcement and personal. Conclusions. The scientific level, in the author's opinion, is manifested in the development of a scientific concept of the organization of criminal proceedings, as well as in the development and application of scientific achievements that are in demand in practice, their substantiation and adaptation in criminal procedural activities. The legislative level of ensuring the effectiveness of the criminal procedure is formed both from the development by the legislator of an impeccable legal framework, and the formation of the legal positions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation regarding controversial issues of interpretation of certain norms of the law and their compliance with the Constitution of the Russian Federation, as well as the correctness of application. The law enforcement level covers the means and methods, as well as the organizational aspects of criminal procedure. The author substantiates his opinion that law enforcement should contain a stage of execution of decisions to the extent that criminal procedural issues are resolved. The personal level is the conscious activity of the participants in criminal proceedings, based on their knowledge, will, motivation for their actions and decisions, as well as psychological and moral attitudes.","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","volume":"10 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":"127671661","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 Formation of a Unified Labor School in Russia 1918–1922 (Based on the Materials of the State Archive of the Kursk Region) 俄国统一劳动学校的形成(1918-1922)(基于库尔斯克地区国家档案馆资料)
Proceedings of the Southwest State University. Series: History and Law Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2021-11-5-274-282
Marina V. Solovyanova
{"title":"The Formation of a Unified Labor School in Russia 1918–1922 (Based on the Materials of the State Archive of the Kursk Region)","authors":"Marina V. Solovyanova","doi":"10.21869/2223-1501-2021-11-5-274-282","DOIUrl":"https://doi.org/10.21869/2223-1501-2021-11-5-274-282","url":null,"abstract":"The relevance of the study is to show the positive experience of the formation of a labor school in Russia. It has a theoretical and practical orientation, because, firstly, this issue has not been thoroughly investigated before and, secondly, the modern school has obvious problems with the organization of labor education. The positive experience of training and labor education in 1918-1922 will allow us to find a solution to today's problems. The purpose of the article is to study the formation of the unified labor school of Kursk province in accordance with the Regulations on the unified labor school and the Basic Principles of the unified labor school. The objectives follow from the purpose of the article and are to reveal the historical conditions of the formation of a unified labor school after October 1917, to characterize the labor method of education, to analyze the organization of the training system in a unified labor school in accordance with the normative documents of the Soviet government. Methodology. The work is based on methods of analysis and synthesis, as well as historical-comparative, his-torical-legal, historical-pedagogical methods. Results. Kursk province, with the advent of Soviet power, actively joined in large-scale changes in the field of education. During the construction of the education system from a \"clean slate\", there were many problems associated with the devastation and famine in the conditions of the civil war and the policy of war communism. One of the main methods of training was the labor method. The organization of work in the school was built according to the individual characteristics and age of students. Conditions for agricultural work were created at schools. Conclusions. The experience of creating and operating a unified labor school had a positive result. The principles of the labor school laid down in the first years of Soviet power expanded in subsequent years. Labor has firmly entered the system of values of Soviet schoolchildren. The positive experience of education and upbringing in 1918-1922 is still relevant today.","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","volume":"23 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":"125947094","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
Historiography of the Problem of Legal Regulation of Forest Management in Russian Law in the 19th – Early 20th Centuries 19世纪至20世纪初俄罗斯法律中森林经营法律规制问题的史学研究
Proceedings of the Southwest State University. Series: History and Law Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2021-11-5-228-238
S. Nikiforov
{"title":"Historiography of the Problem of Legal Regulation of Forest Management in Russian Law in the 19th – Early 20th Centuries","authors":"S. Nikiforov","doi":"10.21869/2223-1501-2021-11-5-228-238","DOIUrl":"https://doi.org/10.21869/2223-1501-2021-11-5-228-238","url":null,"abstract":"Relevance. Several major reforms were carried out in the forestry law of Russia in a short period of time. None of them gave a positive result. At the moment, the state has set itself the goal of developing a new concept of forest management and use of forest resources. The use of the relevant experience accumulated by domestic jurisprudence seems appropriate and even necessary. The Purpose. To study the dominant theoretical concepts in the works of Russian legal scholars of the historical period under consideration, as well as their views on the formation and development of legislation regulating forest management in Russia. Objectives: analysis of research in the field of forest law, published in the 19th - early 20th centuries; assessment of the degree of study of the problem of legal regulation of forest use. Methodology. The research methodology is based on the principles of historicism and objectivity. The method-ological basis of the study is a systematic approach. The comparative-historical method is used, makes it possible to investigate the available sources in close connection with the and the method of logical analysis. Results. The first scientific works in the field of Russian forest law research appeared in the first half of the 19th century. Since that time, the development of legal concepts for the use of forest resources on the basis of the principle of continuity continued until 1917, when new approaches to the state structure radically changed the direction of development of forestry law. Conclusion. During the XIX - early XX centuries. Russian science has gone from a simple description of the facts of the formation and development of legislation in the field of forest resources use to a theoretical substantiation of the state forest policy. Research of foresters and jurists of the XIX - early XX centuries. have not lost their relevance to this day and can be used to improve the legal mechanism for the rational use of forests in modern Russia.","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","volume":"6 1 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":"131714196","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
Guarantees of the Admissibility and Validity of the Rejection of Subjective Law in Criminal Proceedings: Problems of Legislative Regulation 刑事诉讼中主观法否定的可采性与有效性保障:立法规制问题
Proceedings of the Southwest State University. Series: History and Law Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2022-12-6-113-131
I. Chebotareva, O. Pashutina, I. Revina
{"title":"Guarantees of the Admissibility and Validity of the Rejection of Subjective Law in Criminal Proceedings: Problems of Legislative Regulation","authors":"I. Chebotareva, O. Pashutina, I. Revina","doi":"10.21869/2223-1501-2022-12-6-113-131","DOIUrl":"https://doi.org/10.21869/2223-1501-2022-12-6-113-131","url":null,"abstract":"Relevance. An element of the human rights system is the criminal procedure law, which allows to increase the degree of protection of the rights of persons in the field of criminal proceedings. The norms of the Criminal Procedure Code of the Russian Federation specify a significant change in the attitude of the state towards the individual, however, many provisions of the law remain imperfect, which gives rise to cases of violation of individual rights in criminal proceedings, emphasizes the importance of studying the issues of legal regulation of guarantees of the admissibility and validity of the rejection of subjective law. Purpose: the study of the problems of regulatory regulation of guarantees of the admissibility and validity of the rejection of subjective law, the development of proposals for further improvement of the criminal procedure law. Objective: to study the totality of the norms of the criminal procedure law that enshrine the guarantees of the admissibility and validity of the waiver of the right, doctrinal sources, in the part related to the topic of the study. Methodology. The basis of this research is a combination of the universal dialectical method of scientific cogni-tion, general scientific methods of analysis and synthesis, induction and deduction, and private scientific methods of cognition, such as: formal-logical, formal-legal. The authors also used methods of studying social phenomena in their concrete manifestation in specific conditions of place and time: the study of documents, observation. Results. A significant element in the hierarchical chain of the regulatory component, which forms the basis of guarantees of the admissibility and validity of the rejection of subjective law, is the criminal procedure law. Many of its provisions are aimed at ensuring the possibility of a person who has fallen into the sphere of criminal proceedings to express his will regarding the realization/non-realization of the benefits belonging to him. At the same time, the work of the legislator in this regard cannot be considered completed. Conclusion. Improving the legal regulation of guarantees of the admissibility and validity of the rejection of sub-jective law will contribute to the protection of the rights and legitimate interests of citizens, correspond to the purpose of criminal proceedings.","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","volume":"69 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131829827","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
To the Question of the Current Stage of Development of Political and Economic Research in Russian Political Science: "Political Economy" or "Economic Political Science"? 俄罗斯政治学中政治经济研究的发展阶段问题:“政治经济学”还是“经济政治学”?
Proceedings of the Southwest State University. Series: History and Law Pub Date : 1900-01-01 DOI: 10.21869/2223-1501-2021-11-5-167-178
E. Ustinovich
{"title":"To the Question of the Current Stage of Development of Political and Economic Research in Russian Political Science: \"Political Economy\" or \"Economic Political Science\"?","authors":"E. Ustinovich","doi":"10.21869/2223-1501-2021-11-5-167-178","DOIUrl":"https://doi.org/10.21869/2223-1501-2021-11-5-167-178","url":null,"abstract":"The relevance of the research topic is justified by the need to form a comprehensive understanding of the es-sence and content of modern economic relations and the role of state policy in their regulation, as well as the imple-mentation of modern economic policy of the state, taking into account the existing system of state management of the economic sphere. The purpose of the study is to analyze and generalize the experience of modern Russian political scientists in the latest research areas in modern Russian political science using the example of economic political science. Objectives substantiation of the relevance of the development of economic political science as the most important, newest direction in the development of modern Russian political science; analysis of the positions of Russian scientists, representatives of political science regarding the subject of economic political science as a science and academic discipline; analysis of the state of representation of areas of training in economic political science, the discipline \"Economic political science\" in Russian educational institutions of higher education; justification of the need to introduce the discipline \"Economic Political Science\" for students of training areas in political science, public administration and economics The research methodology is based on the author's approach, the author's hypothesis about the lack of political and economic research in modern Russian political science. The methods used are general scientific methods of analysis and synthesis of information, as well as political science and economic analysis. Results. The urgency of the development of economic political science as the most important, newest direction of development of modern Russian political science and the need to introduce the discipline \"Economic political science\" for students of training areas in political science, public administration and economics are substantiated. The analysis of the positions of Russian scientists, representatives of political science regarding the subject of economic political science as a science and academic discipline is carried out. Conclusion. The study made it possible to conclude that it is necessary to develop the direction of political and economic research in accordance with the provisions enshrined at the level of the order of the Ministry of Science and Education No. 118.","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","volume":"1 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":"132305113","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}
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