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

{"title":"On the Definition of the Subject of Evidence in Cases on the Protection of the Privacy of a Citizen","authors":"I. Y. Popova","doi":"10.21869/2223-1501-2022-12-6-37-49","DOIUrl":"https://doi.org/10.21869/2223-1501-2022-12-6-37-49","url":null,"abstract":"Relevance. The article considers the problems of the subject of evidence in cases of protecting the privacy of a citizen in accordance with Art. 152.2 of the Civil Code of the Russian Federation. The jurisprudence shows the short-comings in the resolution of this category of cases related to the process of evidence, and in connection with this con-tradictory decisions and the formation of non-uniform judicial practice. In this regard, the study of the means of proce-dural protection of the right to protect human privacy becomes relevant. The purpose of the study is to supplement the theoretical provisions aimed at deepening scientific knowledge about the protection of the right to privacy of a citizen, the subject of evidence in this category of cases for uniform application of Art. 152.2 of the Civil Code of the Russian Federation. Objectives: analyze the judicial practice in cases on the protection of the right to privacy of a citizen with the identification of the actual subject of evidence, scientific positions on this problem; Clarify the existing legal gaps pre-venting the proper protection of this right; update the previously formulated proposals regarding the subject of evidence in cases of this category. Methodology. The study was conducted using methods of analysis and synthesis, induction and deduction, description, formal-legal, system-analytical and system-structural methods, as well as the method of analysis and generalization of judicial practice. The results of the study were formulated proposals for solving theoretical and practical problems related to the peculiarities of the subject of evidence in cases of protecting the privacy of a citizen to improve the quality and achieve uniformity of decisions when considering claims for his protection. Conclusion. The rule on the protection of the right to privacy of a citizen requires clarification in terms of termi-nology and the elimination of other gaps that require the attention of the legislator. To overcome the contradictory interpretation of the meaning of the article itself and the non-unity of judicial practice, it is necessary to explain the Supreme Court of the Russian Federation in the terminology of Art. 152.2 of the Civil Code of the Russian Federation and the mechanism for forming the subject of evidence.","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":"115543749","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 Development of the Literary ties Between Russia and Japan During the Second Half of the 20th Century (1940–1980s)","authors":"D. Kiba","doi":"10.21869/2223-1501-2022-12-2-191-205","DOIUrl":"https://doi.org/10.21869/2223-1501-2022-12-2-191-205","url":null,"abstract":"Relevance. The literature of Russia had a significant impact on the culture of Japan, allowing the Japanese reader to get in touch with the secret of the Russian soul. The study of Soviet-Japanese literary ties makes it possible to identify the ideological foundations of nations that bring them together. Literary interaction between Japan and the USSR in the post-war period was traced by researchers in fragments. At the moment, it is necessary, using archival documents, as well as Japanese periodicals, for the first time introduced into scientific circulation, to turn to the study of Soviet-Japanese literary relations in the post-war decades. The purpose of the study is to determine the forms of mutual penetration of Japanese and Russian literary cre-ativity in the 1940-1980s. Objectives: to reveal the contribution of the subjects of literary interaction to the development of Soviet-Japanese literary ties, to study the mechanism of literary interaction between the influence of two cultures. Methodology. The comparative-historical and chronological methods were used in the work. Results. In the study we talk about Japanese literary movements and public organizations, the contribution of Japan’s friendship societies to the development of literary ties between Russia and Japan. The article also explores the actions of American occupation authorities preventing the spread of Russian and Soviet literature in Japan in the early post World War II years. Furthermore, we trace the activity of the Japanese public who attempted to overcome the obstacles, consolidate and unite efforts for the cultural cooperation with the USSR. The author highlights the contribution of the Japan’s private press to the spread of Russian literature. Conclusion. The predominant forms of mutual penetration of Japanese and Russian literature were the translation of works of literature of one country into the language of another people, as well as the perception and reproduction in the literary work of writers of one people, ideas and meanings of texts by authors of another culture. The ideas embodied in the works of Russian classical literature often met with understanding in the souls of Japanese readers. This fact is demonstrated by theatrical performances of plays by Russian writers and the reaction of the Japanese audience to them. Thus, the literary ties between the two countries gave rise to interaction in the field of theater and other areas, contributing to the proximity and closer contact between the two cultures.","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","volume":"35 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":"116315958","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 Destabilising Interference by the US in China’s Internal Affairs (the Case of Taiwan and Xinjiang)","authors":"T. Bukreeva","doi":"10.21869/2223-1501-2022-12-2-98-113","DOIUrl":"https://doi.org/10.21869/2223-1501-2022-12-2-98-113","url":null,"abstract":"Relevance. According to the study conducted by the Chinese Society for Human Rights and published in April 2021, in the second half of the 20th century (1945-2001), the United States were involved in 81% of all armed conflicts. The United States endangers the stability and security of states and regions, and tries to destabilize the international community on a global scale. This trend is discernible amidst the confrontation between China and Taiwan, ethnic conflicts in Xinjiang and Tibet. The purpose of the paper is to highligt the current situation around Taiwan and Xinjiang in the context of direct or indirect interference the United States. The objectives are to determine US interests in the Taiwan Strait; systematize the materials on the issues of the terrorist threat in the territories of states bordering northwest China and located in the area of US geopolitical interests; study the retaliatory measures as a way to counter interference in China’s domestic politics. Methodology. The author has used general scientific and applied research methods, including systematic and comparative analysis, as well as the synthesis of information on the research topic. Results. The study determines the interests of the United States in supporting separatist sentiments in Taiwan, considers the facts of ‘terrorist tolerance’ of the United States, and introduces the possible consequences for China and Russia of anti-government actions using terrorist forces in Kazakhstan. In this regard, the paper has analyzed the individual steps of China’s foreign policy aimed at preventing the terrorist threat in Xinjiang and ensuring stability and security. Conclusion. In order to avoid encouraging separatist sentiments and a terrorist threat, it is advisable to support the leading role of the United Nations, adhere to the principle of multilateralism, and actively cooperate within the in-ternational organizations. Unify the conceptual apparatus, which will allow many conflict situations, including the terri-tories of China (Taiwan and Xinjiang), to be defined in the area of national issues of the country, and will not allow the United States to intervene in problem situations that do not directly concern them.","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","volume":"182 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":"121921803","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":"Land USE and the Economy System in Russia at the Beginning of the 20th Century","authors":"Andrei A. Kolupaev","doi":"10.21869/2223-1501-2022-12-5-199-207","DOIUrl":"https://doi.org/10.21869/2223-1501-2022-12-5-199-207","url":null,"abstract":"Relevance. This article is an attempt to study the features of land use in Russia at the beginning of the 20th century. Land use and the economic system in Russia during the period under study were the result of a complex centuries-old process of development of the country's agricultural sector. The purpose research is to study the features of the development of land use and the economic system in Russia at the beginning of the XX century. Objectives. The tasks of our scientific research will be formulated as follows: to present an analysis of historical information related to the structure of land use and the economic system in Russia at the beginning of the 20th century; ras-look at the dynamics of the development of land relations in the country. Methodology. The methodological basis of the study was: the principle of historicism; methods of objectivity and scientific character; chronological, historical and comparative approaches research served: the principle of historicism; methods of objectivity and scientific character; chronological, historical and comparative approaches. Results made it possible to draw objective conclusions about the structure and dynamics of the development of the land use system and the economic system in Russia at the beginning of the 20th century. Conclusion Thus, the system of land use in Russia at the beginning of the 20th century was closely connected with the system of land tenure, which was formed over several centuries. The Russian peasantry was in dire need due to its limited land resources. It was forced to rent large areas from other owners: landlords, the state, and other peasants. In turn, this became the cause of the poverty of the peasantry, who gave on average half of their crops to the owners of the land. As a result, the poor Russian peasantry was largely exposed to the revolutionary propaganda of various leftist forces. This was clearly manifested during the revolutionary events of 1905-1907. and especially during the revolutionary events of 1917, when mainly representatives of these small-land peasant farms destroyed the entire mechanism of the land use system.","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":"125809998","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":"Parliamentary-monarchical institutions of modern European States : prospects and transformations","authors":"D. Tsybakov","doi":"10.21869/2223-1501-2022-12-5-126-135","DOIUrl":"https://doi.org/10.21869/2223-1501-2022-12-5-126-135","url":null,"abstract":"Relevance. The institution of parliamentary monarchism, in the presence of contradictory attitudes of various social communities towards it, remains one of the typical components of modern democratic systems. However, in the conditions of post-industrial society, cardinal transformations of parliamentary monarchies in European countries are taking place, which leads to their mimicry under the influence of such factors of social relations as postmodernism and globalization. A political analysis of the noted problem is presented relevant in view of the need to clarify the signs and parameters of democratic institutions in the political systems of modern European states. The purpose of the scientific article is to consider the prospects for the development and transformation of Eu-ropean parliamentary-monarchical institutions in the context of the development of political systems of liberal democracy. The objectives of the research are: analysis of the transformations of parliamentary-monarchical institutions, clarification of the institutional parameters of modern European monarchical parliamentarism, identification of crisis trends in the development of parliamentary monarchies in European countries, identification of prospects for their development in the conditions of postmodern and globalization processes. Methodology. To solve the purpose and objectives of the study, historical, comparative methods, functional analysis were used. Results. In the 21st century, the legitimacy of parliamentary monarchies in European states began to be de-termined by a number of new trends in the political process, primarily depending on the ability of specific representatives of ruling dynasties to respond to modern challenges to the institutions of succession. Conclusions. Despite the crisis trends of the post-industrial era, the institution of monarchical rule is quite ef-fectively combined with political and economic freedoms, being included in the system of separation of powers, acting as an integral element of the rule of law, which is why the parliamentary monarchy in the medium term will retain the importance of an important institutional component of modern democratic systems.","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","volume":"13 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":"129655078","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On Determining the Grounds for the Unlawful USE of a Citizen's Image (According to Law Enforcement Practice Under Article 152.1 of the Civil Code of the Russian Federation)","authors":"I. M. Grigorieva","doi":"10.21869/2223-1501-2022-12-6-23-36","DOIUrl":"https://doi.org/10.21869/2223-1501-2022-12-6-23-36","url":null,"abstract":"Relevance. The article analyzes the problems of civil law protection of human images. Despite the attention to this topic of the scientific community, in law enforcement practice there are many discussion issues related to the application of the provisions of Article 152.1 of the Civil Code of the Russian Federation on the protection of the right to image inviolability. The article sets out the results of the analysis of court decisions on claims for declaring the use of the image illegal, collecting funds and compensation for moral damage, on the protection of honor and dignity, courts in accordance with Art. 152.1 of the Civil Code of the Russian Federation, allowing to conclude that there are different approaches to assessing the same grounds for the illegality of using the image of a citizen. The purpose of the study is to identify and clarify the grounds for the misuse of the image of a citizen, according to which the courts decide on the existence of a violation of the right to defend it. Objectives: to analyze the decisions of the Constitutional Court of the Russian Federation, leading explanations of the Supreme Court of the Russian Federation, Russian judicial practice in cases on the protection of the right to an image of a citizen and to update the content of the grounds for the unlawful use of an image of a citizen that have developed in judicial practice. Methodology. In the process of working on the study, dialectical-materialistic, formal-legal, system-analytical methods, as well as methods of analysis and synthesis were used. The results of the study are applied in nature with elements of scientific novelty in the conclusions obtained and are aimed at improving the quality of law enforcement practice and achieving uniformity of decisions when considering claims for the protection of the right to inviolability of someone else's image. Conclusion. The study makes it possible to assert that there was no uniform practice in cases of protecting the right to portray a citizen. The same basis for the misuse of someone else's image by the courts is interpreted in two ways, which requires clarification of such cases by the highest court.","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":"129673394","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 Establishment of Scientific Periodization on the Example of Activity of Meteorological Service for the Support of the Red Army air Force During the Great Patriotic War of 1941–1945","authors":"Аlexey G. Gavrilov, Vladimir N. Pryamitsyn","doi":"10.21869/2223-1501-2022-12-6-165-174","DOIUrl":"https://doi.org/10.21869/2223-1501-2022-12-6-165-174","url":null,"abstract":"Relevance. The scientific periodization of past events is one of the most common results obtained in the course of historical research. At the same time, sometimes applicants make serious mistakes when formulating it. In this regard, consideration of the requirements for the establishment of scientific periodization and their illustration by a specific example seems relevant. The purpose: of the article is to familiarize the professional community of historians with the experience of es-tablishing scientific periodization of the subject of research on a specific example. The objective of the article is to establish the periodization of the activities of the meteorological service to support the Air Force of the Red Army during the Great Patriotic War of 1941-1945 and demonstrate by its example the practical application of the historical and genetic method. Methodology. During the preparation of the article, methods peculiar to military-historical research were used. In particular, the historical-genetic method was used to establish the periods. The result of the conducted research was the establishment of a scientific periodization of the activities of the meteorological service to provide the Air Force of the Red Army during the Great Patriotic War of 1941-1945. In the process of work, the basic requirements for scientific periodization were taken into account. It is characterized by a unified approach to dividing the chronological framework into successive intervals, has a clearly formulated and theo-retically justified basic criterion on the basis of which this division is performed, has clear boundaries between periods marked by significant events, and correlates with the periodization of a larger historical process. The identified periods are numbered, named, outlined chronologically and characterized. As a basic criterion, the subordination of the meteorological service of the Red Army Air Force was proposed. Conclusion. It is established that modern historical science has the necessary methodological apparatus and clear ideas about the formulation of scientific periodization. Using the example of a specific subject of research, it was revealed that the key component of the success of periodization is the correct definition of the basic criterion.","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","volume":"73 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":"123697511","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":"Realization of the us Foreign Policy Agenda in Post-Soviet Space in the Period of D. Trump's Presidency: Experience of Interaction with the Republic of Belarus and the Republic of Kazakhstan","authors":"E. S. Shevchenko","doi":"10.21869/2223-1501-2021-11-5-178-190","DOIUrl":"https://doi.org/10.21869/2223-1501-2021-11-5-178-190","url":null,"abstract":"Relevance. Export of American political narratives and principles produces the design of certain meaningful components of the US foreign policy agenda and order of its realization with regard to the specificity of interaction with other political actors in the context of American political tradition. Within the framework of current processes and existing procedures of interstate interaction in Post-Soviet space the US political elite is formulating the arsenal of tools and techniques of realization of stated goals and tasks that means appeal to the next concepts. Purpose. The main purpose of this article is to formulate scenarios of realization of the US foreign policy agenda in Post-Soviet space in the Republic of Belarus and the Republic of Kazakhstan in the period of D. Trump's presidency. Objectives: formulation of directions of interaction between the Unites States and the Republic of Belarus and the Republic of Kazakhstan in the period of D. Trump's presidency, reveal of specific of D. Trump's presidency in the context of realization of the US foreign policy agenda in the Republic of Belarus and the Republic of Kazakhstan. Methodology. The author mainly used the following group of methods in the process of writing this article: in-formation analysis, content analysis and event analysis, multifactor analysis. Results. The author identifies reasonability of formulation the key scenarios of realization of the US foreign policy agenda in Post-Soviet space from experience of interaction between the Unites States and the Republic of Belarus and the Republic of Kazakhstan in the period of D. Trump's presidency with regard to the declared problematic. Conclusion. The period of D. Trump's presidency is characterized by revision of some traditional concepts in terms of compliance with the central categories of American foreign political practice and correction of the US foreign policy agenda in Post-Soviet Space in the Republic of Belarus and the Republic of Kazakhstan in the direction of in-tensification of cooperation on specific issues of financial and economic development.","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","volume":"17 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":"123697947","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 State of Crime in the Field of Drug Trafficking in the Omsk Region","authors":"Viktor P. Boyko","doi":"10.21869/2223-1501-2022-12-5-103-114","DOIUrl":"https://doi.org/10.21869/2223-1501-2022-12-5-103-114","url":null,"abstract":"Relevance. The article is devoted to the study of statistical indicators and the identification of crime trends in the field of drug trafficking in the Omsk region. Today, the fight against drug trafficking is one of the priority tasks of the Russian Federation, since the policy of any state is aimed at preserving and forming a healthy population. Conducting a criminological study of crime in certain regions of the Russian Federation helps to determine specific areas of activity to prevent and combat this type of crime at the regional level. In this regard, it is relevant to study the current state and dynamics of crime in the field of illicit trafficking in narcotic drugs and psychotropic substances on the example of statistical reporting of the executive authority in the field of internal affairs of the Omsk region. Purpose. The aim is to characterize the state of crime in the field of drug trafficking in order to develop effective measures to prevent these crimes in the Omsk region. Objectives the volume, level and indicators of drug crime in the Omsk region, the dynamics of its changes, as well as its calculation with indicators of general crime in the Omsk region in recent years. Methodology. The methodological base of the study is general scientific and private scientific methods of cog-nition of reality, which allow to investigate the state of drug crimes in the region. The method of statistical and system analysis was applied in the study. Results. The study allowed us to give a modern description of the state of crime in the field of drug trafficking in the Omsk region. A comparative analysis of the main indicators of crime in the Omsk region with indicators of crime in other subjects of the Russian Federation is given. The indicators of drug crime are correlated with the problems of the application of anti-drug measures and other related problems of the law enforcement agencies of the Omsk region. Conclusions. The study shows the main changes in the structure and dynamics of drug crime in the Omsk re-gion. Shortcomings in the formation of official statistics that contribute to the latency of this type of crime are revealed. The main trends of drug crimes in the Omsk region are reflected, which will allow law enforcement agencies to increase the effectiveness of preventing and suppressing crimes in the field of drug trafficking.","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":"130961933","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":"Citizen's Right to Image: Current Security Issues","authors":"Maksim A. Kamenskiу","doi":"10.21869/2223-1501-2022-12-6-10-22","DOIUrl":"https://doi.org/10.21869/2223-1501-2022-12-6-10-22","url":null,"abstract":"Relevance. The right of a citizen to an image as a personal non-property right is subject to absolute protection in accordance with Art. 152.1 of the Civil Code of the Russian Federation. In doctrine and in legal practice, there is no unity of opinion on the civil protection of the right to its image, including the legality of its use and promulgation by other persons, as well as the interpretation of the provisions of the relevant rule and the terminology available in it. In this regard, the work considers gaps in current legislation based on the scientific views of civil law experts and established judicial practice. The purpose of the study is to supplement the theoretical provisions and legislative proposals aimed at deepening scientific knowledge about the protection of the right to the image of a citizen and the uniform application of Art. 152.1 of the Civil Code of the Russian Federation. Objectives: to analyze the scientific positions available in the theory of civil law and Russian judicial practice in cases on the protection of the right to portray a citizen; Identify and clarify existing legal gaps that impede its proper protection; update the previously formulated proposals of civilists to amend Art. 152.1 of the Civil Code of the Russian Federation. Methodology. The study was conducted using methods of induction and deduction, analysis and synthesis, formal-legal, system-analytical and logical methods. The results of the study are formulated proposals for solving theoretical problems related to the application of Art. 152.1 of the Civil Code of the Russian Federation, and improving the current norm on the protection of human rights to the image in order to uniformly enforce it. Conclusion. The study allows us to assert that the rule on the protection of the right to an image of a citizen requires refinement in terms of terminology, including the development of the definition of the image, the appearance of a person, the main object of use, places open for free visits, the form of expression of consent to the publication of one's image, and the elimination of other gaps requiring the attention of the legislator.","PeriodicalId":359562,"journal":{"name":"Proceedings of the Southwest State University. Series: History and Law","volume":"80 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":"123012905","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}