Pravoprimenenie-Law Enforcement Review最新文献

{"title":"Tokenization of creativity: user motivation, consensual value and Chinese copyright law","authors":"R. Budnik","doi":"10.52468/2542-1514.2023.7(2).135-143","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(2).135-143","url":null,"abstract":"The subject of this study is the legal-economic analysis of the non-fungible token phenomenon. Due to the a priori accessibility of many tokenized intellectual products, the ability to monetize them by copyright methods turns out to be hard to implement. The paper puts forward a hypothesis that token owners apply innovative monetization methods, which do not stand on the prohibition and restriction of access to the protected results of intellectual activity. Instead of deactivated copyright restrictions, token buyers receive some new, additional, non-trivial economic utility that researchers have not reflected yet. If this utility exists, we should identify, analyze and include it in the equation of relations regarding NFT. The second hypothesis of the study stems from the first one. It states that the results of creative activity in the post-economic society take the place of a new etalon of value, which replaces the materialistic standard of worth based on rarity. The consensual value contained in tokenized works brings additional motivators for token purchasers and compensates for the lost sources of income.Our goal is to put and verify the scientific hypotheses of tokenized works' additional non-obvious value existence. We suppose that this innovative utility substitutes traditional copyright ban-based monetization abilities. The research's purpose is also to theoretically generalize its results and formulate a legal-economic concept that explains the motivation for the purchasers of non-fungible tokens and sets the regulations for the NFT market.Methodology. The study of the non-fungible token phenomenon and the verification of formulated hypotheses conducts from the standpoint of the law, economics, an interdisci-plinary legal-economic – institutional point of view, as well as with the help of the monistic copyright doctrine of the People's Republic of China. The research methodology also includes an analysis of the relevant body of knowledge and various points of view of the scientists on the subject of research.The study's main result is the novel elaborated concept of the non-fungible token owner's moral right. This concept fills the rising doctrine of utilitarian digital rights with legal-economic essence. We constructed the non-fungible token owner's moral right consisting of two powers: the right to designate one's name as the owner of a token for a specific creative product and to demand such an indication from others; and also, as a duty of NFT platforms to support the function of informing about the name or pseudonym of the token's owner.Analysis of the appropriate accumulated knowledge, development, and verification of formulated hypotheses on tokenized works' consensual value and additional economic utility, allowed us to achieve the goals of this study. We resolve the issue of token purchasers' motivation and legal-economic grounds for their rational behavior by formulating and substantiating the concept of non-fungible tokens' ","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"291 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81429676","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":"From social contradiction to social competition as the basic legal regime (mode) of statehood (Part I)","authors":"A. Butakov","doi":"10.52468/2542-1514.2023.7(2).5-15","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(2).5-15","url":null,"abstract":"The subject of the article is social competition as a natural mechanism for resolving social contradictions that arise and exist in society.The aim of the article is to confirm or refute hypothesis that the resolution of social contra- dictions is a kind of legal regime for the realization of property as the fundamental purpose of the existence of the stateAccording to the author's methodology of normative structuralism, the assignment to each mode of property organization of a specific function (social development function, social compromise (convergence) function, social security function) generated the corresponding potential for the emergence and existence of social contradictions, where the state as an artificial (reasonable) sufficiency had to direct the energy of the said contradictions into the normative-legal channel and thus ensure the existence of social competition.The main results. The restriction and leveling of social competition and the transition to domination as the basic legal regime (mode) of statehood destroys the natural mechanism for resolving social contradictions and transfers this mechanism to the plane of directive political and ideological expediency. As a result, the power of the structural organization of the state is transformed into a goal of its existence, and property only into a means of real- izing this goal. There is a disavowal of property as a fundamental goal of the existence of the state; the escalation of its imperialization begins, triggering the destruction of social competition as the basic legal regime (mode) of life. There is a danger of an existential rup- ture between the three most important social institutions of human civilization: property, competition, and the state.Society, constituting the creation of the state as artificial (reasonable) sufficiency, through the functioning of the structural organization of power has fixed the fundamental purpose of existence - property in the form of an integral structural platform of the main ways of its organization (private (individualized), mixed (corporate), general (collective)), assigning to each of them the execution of the corresponding social function.Conclusions. Society, realizing the existence of a social contradiction, purposefully forms appropriate ways (rules) to overcome them to ensure its progressive development. The es- sence of the legal regime as the existence of the resolution of this social contradiction can be defined by the concept of “competition”. ","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"24 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79316780","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":"Development of public-private partnership in the penal system","authors":"A. P. Skiba, A. Rodionov, M. Y. Voronin","doi":"10.52468/2542-1514.2023.7(1).134-144","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(1).134-144","url":null,"abstract":"The subject. The production sector of the Russian penitentiary system requires development and modernization in order to increase the level of convicts’ employment, to ensure the growth of their labor productivity, which is ultimately aimed at increasing the level of correctional impact of socially useful labour. In modern conditions of market economy development, low efficiency of state production organizations economic activity on competitive markets, as well as the lack of budget funds for the modernization of production assets, the most promising form of organization of penitentiary institutions production activities is public-private partnership. The aim of the article is to develop scientifically based provisions that define the most promising areas for the development of Russian legislation, which will significantly improve the practice of implementing public-private partnership projects in the production sector of the penitentiary system. The methodology. In the course of the study, a complex of general scientific and special methods of scientific search was used, including scientific abstraction, a systematic approach, a dialectical method of cognition, as well as comparative legal and structural-system methods of research. The information base of the study is represented by scientific works of Russian and foreign scientists-penitentiaries, statistical data, regulations, as well as data on legal practice in the field under study. The main results, scope of application. The prerequisites for promising changes in the legislation that determine the need for a significant modernization of the production sector of the penitentiary system are identified. The expansion of the practice of implementing production projects with the involvement of private business initiatives in penitentiary institutions makes it possible to strengthen the corrective impact of socially useful labour, to improve convicts’ food and clothing provision, as well as the communal living conditions of their detention. Conclusion. The article substantiates the need to develop a concept of interaction between the penitentiary system and the business community in order to improve the efficiency of convicts’ employment and their correction, within the framework of which the most relevant directions and stages of the development of public-private partnership should be determined in the future.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"26 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78116851","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 Golden Age of the Russian Old Believers and Sectarianism”: reform of the legal status of Old Believers and sectarians 1905-1906 through the prism of law enforcement","authors":"A. S. Tumanova, A. A. Safonov","doi":"10.52468/2542-1514.2023.7(1).5-14","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(1).5-14","url":null,"abstract":"The article contains an analysis of the legal situation of sectarians and Old Believers of various consents after the publication of decrees on April 17, 1905 \"On strengthening the principles of religious tolerance\" and on October 17, 1906 \"On the procedure for the formation and action of Old Believer and sectarian communities.\" The study is based on the materials of the Russian socio-political and Old Believer press, documents of private origin (diary entries of public and state figures), etc.The focus of the authors' attention is government decrees and circulars, as well as materials of lawsuits against Old Believers and sectarians. The authors recreate the law enforcement context of the implementation of the confessional reform of 1905–1906 and its impact on the legal life of representatives of Old Believer consents and sectarians, in particular, representatives of the so-called \"Izuver\" sects. Using the possibilities of formal-legal, comparative-legal and especially historical-biographical methods of historical-legal research, involving the analysis of current legislation by contemporaries, the authors come to the conclusion that the practice of applying new legislation contained numerous problem places. There were bureaucratic methods of reform, and dubious in some cases expert opinions of missionaries at trials, and a lack of understanding of the differences between Old Believers and sectarians, and other factors that make up the so-called \"executor effect,\" which hindered the implementation of religious reform. The main drawback of law enforcement practice was seen by religious scholars in maintaining the principle of administrative guardianship of religious societies, which reflected the inconsistency of state policy in this matter.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"25 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73941085","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 tax legislation of the state and the rules for the use of cash registers: integration issues","authors":"A. Batarin","doi":"10.52468/2542-1514.2023.7(1).62-71","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(1).62-71","url":null,"abstract":"The subject of the study is the legal regulation of the obligation to use cash registers and its relationship with the tax obligation, as well as the ratio of tax control and control over the use of cash registers (operational control).The purpose of the study is to determine the theoretical, practical and legislative (normative) approaches to the integration of relations for fixing settlements (including with the use of cash registers) in the sphere of tax legislation regulation. The author determined the place of relations in the field of application of cash registers in the system of tax legal relations.The main hypothesis proposed by the author is that Russian legislation lacks the required quality of a legal link between the use of cash registers and the payment of taxes. According to the Tax Code of the Russian Federation, the obligation to use cash registers is not the responsibility of the taxpayer. At the same time, the obligation of organizations and individual entrepreneurs who make settlements in the Russian Federation is enshrined in a separate legislative act. This act establishes that the use of cash registers is carried out, among other things, for tax purposes, and the tax authorities are vested with the appropriate powers to control the use of cash registers.The author emphasizes that the use of a cash register is a tool for fixing the calculation - documenting in the trusted zone of the state the fact of the financial and economic life of the taxpayer. The nature of the obligation to use cash registers is the nature of tax legal relations. Although liability for violation of the rules for the use of cash registers under Russian law is administrative in nature, this fact does not contradict the theory of law. Consequently, the transformation of administrative responsibility for violation of the rules for the use of cash registers into tax liability is optional.In this regard, it is necessary to implement legislative changes in order to integrate into the tax legislation relations on the use of cash registers and control over the use of cash registers. The author, citing foreign legislation as an example, points to various options and degrees of integration. As the best option, it is proposed to include the obligation to record settlements in the Tax Code of the Russian Federation and recognize operational control as part of tax control there.In the course of the work, the author used both general research methods, including methods analysis and synthesis, as well as industry, including the formal legal method.Based on the results of the study, the author comes to the conclusion that it is necessary to transform the approach to the use of cash registers, to move to the category of “fixing settlements”. The necessity of including operational control in the composition of tax control is emphasized. This fact will create a single set of tools and rules for the work of tax authorities. All of the above will lead to the fact that each","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"20 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82112657","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 realities of corporate culture formation in the youth environment: interaction of law and ideology","authors":"N. Grishanin, Ya. V. Minevich, T. Sokolova, V. V. Tovstiy","doi":"10.52468/2542-1514.2023.7(1).15-24","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(1).15-24","url":null,"abstract":"Corporate culture as it exists today is a cast of the Western European matrix, in which patriotic ideology is replaced by the values of the corporation and personal result. But modern realities form a new demand of society, moral principles and traditions develop modern legal relations. The human right to patriotic behavior is largely shaped by the system of religious and moral values that influenced Russian legislation long before the emergence of modern Russia.The purpose of the article (in the form of confirmation or refutation of a scientific hypothesis) is to analyze the value system of youth, legal realities and ideological features of the formation of the Russian state around the factors of Russian identity: family, society, country, state, person, to describe the possibility of their inclusion in the corporate culture (employer) as the basic principles of corporate governance.The method of group interview, the method of content analysis was chosen as the research method. The method of group interview or classroom analysis allows each of the participants of the discussion to speak freely on a particular problem, and during the discussion in the polemic to form a unified representation of the group on the problem.The respondents were students of universities in Moscow and St. Petersburg, aged 18 to 23 years, technical and humanitarian areas of training - a total of 150 people (110 humanities and 40 technical areas of training). During the survey, they were divided into groups of 7 to 10 people and the groups were asked to form an opinion on how they understand value, the group discussed the idea of value and recorded the definition and their understanding of this value. As part of the study, young people aged 18 to 23 years were consistently considered about their values, how these values form the factors of pentabasis, contribute to the formation of relationships with companies. Then, which factors of pentabasis most influence the formation of the value field of youth and which indicators can be identified as markers of the formed value. Further, in order to determine how the company forms the pentabasis factors, taking into account values and indicators, young people write down which indicators and values are characteristic of the cross-influence of pentabasis factors on each other. Thus, after we have considered the principles of the formation of legal awareness, it becomes transparently clear that when developing the principles of corporate culture, it is necessary to transfer to the factors of Russian identity. Patriotism in corporate communications, until they form a clear system of values for Russians, will be a superstructure that will not be fully realized in any corporation, since it is built on different values, which became clear to us when studying the history of legal awareness. Consequently, after the conducted research, we have described some conclusions on the principles of the formation of the ideology of corporate culture","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"11 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88726210","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":"Problems of calculation of the terms of appeals of decisions made in the order of summary proceedings","authors":"N. G. Galkovskaya","doi":"10.52468/2542-1514.2023.7(1).124-133","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(1).124-133","url":null,"abstract":"The subject of the research is the features of the appeal of court decisions in cases considered in summary proceedings.The methodology. Analysis and synthesis, dialectical method as well as formal legal interpretation of Russian legislative acts.The main results. The author critically assesses the provisions of the procedural legislation, focuses on the problems that exist in practice. (1) There is a different procedure for notifying a decision adopted as a result of summary proceedings, according to the norms of the Civil Procedure Code and of the Arbitration Procedure Code. (2) It is concluded that the dependence of the beginning of the period for filing an application for drawing up a reasoned decision on the day of placement of the operative part of the decision or on the day of its adoption significantly complicates the timely implementation of such a right. A different construction will be justified and practically convenient: fixing in the law a single moment of the beginning of the period for an appeal against a decision - from the moment a copy of the operative part is delivered (irrespective of the application for drawing up a reasoned decision). (3) If the deadline for filing an application for the preparation of a reasoned decision is missed, the issue of its restoration should be resolved only if the deadline for filing an appeal has not been missed. If the deadline for filing an appeal is missed, then a reasoned decision on the case should be made only if the specified dead-line is restored.Recommendations are offered on the possible improvement of procedural rules on summary proceedings. In particular, the issue of increasing the period for applying for a reasoned decision was raised. It is proposed that the start time for filing an application for the preparation of a reasoned decision be determined from the day a copy of the decision is handed over to the persons participating in the case, or the decision is posted on the court's website.Conclusions. The identified problems call into question the merits of the summary procedure, show in practice its difficult and complicated order. The existing model of summary proceedings needs to be significantly detailed in order to increase the guarantees of judicial protection.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"29 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72693442","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":"Internet service providers as subjects of prevention of sexual crime on the Internet","authors":"A. Zharova","doi":"10.52468/2542-1514.2023.7(1).72-82","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(1).72-82","url":null,"abstract":"The subject of the article is the provisions of the legislation of the Russian Federation aimed at ensuring the sexual inviolability of a minor.The object of the research is the relations connected with ensuring the sexual inviolability of minors.The Internet serves as an additional tool that facilitates access to minors, their social pages, the impact on the psyche of minors, and the involvement of children in destructive groups. However, not all articles establishing criminal liability for violation of the sexual inviolability of children contain a qualifying feature - this is the use of the Network in the implementation of such activities. Thus, Art. 135 of the Criminal Code of the Russian Federation, which establishes criminal liability for committing indecent acts against minors, does not contain a qualifying feature - the commission of a crime through the use of the Internet.The organization of Internet relations on the Web is carried out by various Internet providers, whose activities are connected both with organizing the communications of network users and with ensuring the circulation of information on the Internet. Based on these theses, the article provides answers to such questions as can acts were committed with the help of Internet technologies to be qualified under Art. 135 of the Criminal Code of the Russian Federation, is the use of Internet technologies by ISPs effective as a tool to combat crimes against the sexual integrity of minors carried out using the Web, and what legal and technical instruments will ensure the sexual integrity of children?The study showed that the norms of the Criminal Law aimed at preventing crimes related to the sexual inviolability of minors are also applicable to acts committed using the Internet. In accordance with the legislation of the Russian Federation, violence can take the form of physical or mental impact on a person, carried out through the Internet. Regarding the possibility of committing indecent acts on the Web, it can also be concluded that such acts can be recognized as depraved, despite the absence of direct physical contact with the body of the victim.States use various methods for determining the content, recognizing images distributed on the  Web.  The  most  commonly  used  technological  tool  is  the  information  monitoring method. However, the obligation to use this method, both in Russia and in European countries, is not provided for all types of hosting providers.In connection with the analysis of Russian legislation, we can conclude that the possibilities of such hosting providers as the owners of audiovisual services and news aggregators in the field of information monitoring remained unused. Thus, the Federal Law “On Information, Information Technologies and Information Protection” does not contain requirements for the owners of audiovisual services and news aggregators to conduct mandatory monitoring of information distributed on Internet platforms.The use of content fil","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79656082","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":"Genetic resources as an object of international law","authors":"A. Vylegzhanin, P. V. Sotskova","doi":"10.52468/2542-1514.2023.7(1).33-42","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(1).33-42","url":null,"abstract":"The article examines whether the legal regime of genetic resources is outlined in the context of applicable rules relating to biological diversity. The purpose of the research is to confute the prospects for the formation of a universal legal regime for genetic resources, in the context of the draft UN Agreement on the Conservation and Sustainable Use of Marine Biological Diversity in Areas beyond National Jurisdiction, and the possibilities of using regional mechanisms in this domain.The methodology of the research includes the formal legal, comparative, historical, systemic and structural methods. The authors analyze and examine applicable international legal sources, including the 1992 Convention on Biological Diversity and its 2010 Nagoya Protocol. On the basis of the systemic and structural method the authors carry out the analysis of the sources of international law related to the conservation and sustainable use of genetic and other biological resources.The main results. The international community’s interest in genetic resources results from the growing need to take more informed environmental decisions. The relevant universal legal basis, created by the 1992 Convention on Biological Diversity, does not provide answers to some important questions, including the detailed legal definition of the term “genetic resources”, though the relevant definition contained in the 1992 Convention remains the only one that has been accepted by a large number of states. It is possible that states will be able to develop a more concrete legal rules relating to the genetic resources in the course of negotiating the UN Agreement on the Conservation and Sustainable Use of Marine Biological Diversity in Areas beyond National Jurisdiction. However, the development of such a universal international treaty might require a lot of effort in order to reconcile the divergent interests of states.Conclusions. Based on the analysis of applicable international law, the authors assert that the generally outlined legal basis for conservation of biodiversity, laid down by the 1992 Convention, demands further detailing in the modern context. The UN process on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction is likely to take considerable efforts of participating actors before the appropriate legal mechanisms are agreed upon. So regional legal regimes might be an appropriate way to ensure the efficient management of genetic resources taking into account peculiarities of each individual region.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"2 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73109821","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":"Problems of achieving legal efficiency in the consideration of class actions","authors":"E. Trezubov, N. S. Zvyagina","doi":"10.52468/2542-1514.2023.7(1).113-123","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(1).113-123","url":null,"abstract":"The paper examines the procedure for considering a class action in the Russian civil procedure in order to identify obstacles to the effective application of this institution. In developed foreign legal orders, group proceedings are a popular socially significant jurisdictional procedure for considering a large number of the same type of requirements, which allows optimizing the burden on the judicial system, ensuring the achievement of legal certainty and the effectiveness of judicial protection. As a result of the reform of group production, an institution sui generis appeared, which differs in many respects from foreign analogues. Given that group proceedings in Russia are still not in demand, the authors has identified obstacles to the intensification of this procedure, many of which indicate a superficial regulation of the procedural form.The study used comparative legal, formal logical and systemic structural methods, which made it possible to give a comprehensive assessment of the identified gaps in the legal regulation of group proceedings in Russian civil, commercial and administrative litigation. The first of the identified problems is related to the lack of regulatory rules for certification of a group of persons. To initiate proceedings on a class action, it is necessary to join a significant number of co-plaintiffs, whose claims are based on homogeneous legal and factual circumstances. However Russian procedural codes do not regulate the criteria by which certification of a group should be carried out, and also do not establish rules for accepting a court ruling on preparing a case for trial, allowing members to subsequently authorize. It is noted that for effective group proceedings it is necessary to issue an appropriate definition, which would define the criteria for the homogeneity of the grounds for claims and the method of protecting the violated right chosen by the applicant. The law should directly provide for the possibility of appealing against such a judicial act. Also, for the purposes of joining the requirements to protect the interests of a group of persons, it is proposed to publish a notice on the initiation of proceedings not only on the websites of the court and the defendant, but also in the official media.The problems of implementing the qualities of the legal force of a court decision on a class action, such as exclusivity and prejudice, are also identified, since the law allows challenging the circumstances established when considering a class action when considering a personal claim of a member of a class who has not joined a class action in the future.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"2017 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81237075","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}