Juridical Journal of Samara University最新文献_第3页

Staff of the Law Institute of the Samara University is the winner of the «Lawyer of the year in the Samara region» award 萨马拉大学法律研究所的工作人员获得了“萨马拉地区年度律师”奖

Juridical Journal of Samara University Pub Date : 2023-01-24 DOI: 10.18287/2542-047x-2022-8-4-7-8

Congratulations to the editors of the magazine «Juridical Journal of Samara University»

{"title":"Staff of the Law Institute of the Samara University is the winner of the «Lawyer of the year in the Samara region» award","authors":"Congratulations to the editors of the magazine «Juridical Journal of Samara University»","doi":"10.18287/2542-047x-2022-8-4-7-8","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-4-7-8","url":null,"abstract":"7 декабря 2022 года в cамарском Дворце спорта имени В. С. Высоцкого в рамках празднования Дня юриста состоялось торжественное вручение престижной премии Юрист года в Самарской области. В номинации Юридическая наука и образование лауреатом премии Юрист года в Самарской области стал коллектив Юридического института Самарского национального исследовательского университета имени академика С. П. Королева, который представляли директор юридического института, заведующий кафедрой теории и истории государства и права и международного права Безверхов Артур Геннадьевич, заведующий кафедрой уголовного права и криминологии Кленова Татьяна Владимировна, заведующий кафедрой государственного и административного права Полянский Виктор Владимирович, заведующий кафедрой гражданского и предпринимательского права Рузанова Валентина Дмитриевна, заведующий кафедрой уголовного процесса и криминалистики Савельев Константин Анатольевич, заведующий кафедрой гражданского процессуального и предпринимательского права Юдин Андрей Владимирович.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131180410","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

Judicial defense of fathers’ rights 父亲权利的司法辩护

Juridical Journal of Samara University Pub Date : 2023-01-24 DOI: 10.18287/2542-047x-2022-8-4-82-86

A. A. Ochkina

{"title":"Judicial defense of fathers’ rights","authors":"A. A. Ochkina","doi":"10.18287/2542-047x-2022-8-4-82-86","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-4-82-86","url":null,"abstract":"This article is devoted to one of the most relevant topics in modern Russian law, namely the legal judicial protection of the institution of paternity. The relevance of the article is primarily due to the presence of legal problems in the field of protecting the rights and interests of fathers. The author focuses on the fact that at present the number of family cases considered by the courts is growing rapidly, as evidenced by official statistics. However, there are a large number of violations of the rights and interests of fathers, including in the framework of legal proceedings. The purpose of the article is to identify and explore the problems associated with the protection of paternal rights in court proceedings. The author analyzes a number of legal positions of the Constitutional Court of the Russian Federation. Based on the analysis of law enforcement practice, the author concludes that there are emerging trends in the field of reforming the current Russian legislation, in addition, the importance and expediency of such reform is emphasized. The author used general scientific (dialectical, methods of analysis, synthesis) and private scientific methods (formal legal). The article concludes that certain provisions of domestic legislation in the field of protecting the rights and interests of fathers need to be improved. The author suggests his own ways of improving the current legislation in the area under consideration. It is possible to apply this scientific research in practice in order to change the legislation governing aspects of relations for the protection of paternal rights. The findings of this study will be of interest to specialists in the field of civil and family law.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124013920","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

Principles of penal law and problems of guaranteeing the rights of convicts 刑法原则与罪犯权利保障问题

Juridical Journal of Samara University Pub Date : 2023-01-24 DOI: 10.18287/2542-047x-2022-8-4-46-51

O. A. Adoyevskaya

{"title":"Principles of penal law and problems of guaranteeing the rights of convicts","authors":"O. A. Adoyevskaya","doi":"10.18287/2542-047x-2022-8-4-46-51","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-4-46-51","url":null,"abstract":"The article identifies and analyzes the problems of guaranteeing the rights of convicts in connection with the principles of penitentiary law. The author comes to the conclusion that not all general and special rights of convicts are guaranteed by the penitentiary legislation in accordance with the principles of penitentiary law. In order to implement the principle of humanism and prevent treatment that degrades human dignity, it is necessary to fix at the legislative level measures that prevent overcrowding of institutions of the penitentiary system. The article analyzes international and foreign experience in terms of developing communications of convicts sentenced to deprivation of liberty with the outside world. The necessity of increasing the number of long-term and short-term visits for persons serving sentences in ordinary and light conditions of correctional colonies is substantiated. Increasing the number of visits and telephone conversations for convicts with relatives will contribute to maintaining family ties and successful resocialization practices. It is proposed to include in the educational programs of the School for Preparation for Release in Correctional Institutions topics devoted to technologies for the restoration and development of socially useful ties of convicts. It is concluded that in the formation and implementation of the penitentiary policy, it is necessary to comply with the principles of national penitentiary law and the generally recognized principles of international law, as well as ensuring the compliance of penitentiary norms of the practice of their application with constitutional provisions.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132312296","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

Countering money laundering (legalization) in the context of digital transformation (financial legal aspect) 在数字化转型背景下打击洗钱(合法化)(金融法律方面)

Juridical Journal of Samara University Pub Date : 2023-01-18 DOI: 10.18287/2542-047x-2022-8-3-94-100

P. S. Sharaev

引用次数: 0

Counteracting the distribution of counterfeit products in the EAEU conditions 在欧亚经济联盟条件下抵制假冒产品的分销

Juridical Journal of Samara University Pub Date : 2023-01-18 DOI: 10.18287/2542-047x-2022-8-3-19-31

T. Izgagina

{"title":"Counteracting the distribution of counterfeit products in the EAEU conditions","authors":"T. Izgagina","doi":"10.18287/2542-047x-2022-8-3-19-31","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-3-19-31","url":null,"abstract":"The article is devoted to the issues of countering the spread of counterfeit products on the territory of the Russian Federation in the conditions of the functioning of the EAEU . The article presents statistical information characterizing the work of Russian customs authorities in this area. The measures taken by the member states of the EAEU for labeling products are analyzed; the problems of ensuring the protection of intellectual property rights when using national registers of trademarks TROIS are considered. The author proposes measures to improve efficiency in ensuring the protection of intellectual property rights: harmonization of the legislation of the EAEU member states; take measures to make the EAEU TROIS work; creation at the supranational level of unified information systems, both in terms of functioning of the TRIP , and in terms of ensuring the traceability of labeled goods; law enforcement agencies should take comprehensive measures when investigating cases of administrative offenses and criminal cases, not limited only to identifying persons who directly sell counterfeit (falsified) goods, but should establish the entire chain of persons involved in offenses.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125898902","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

Forceful counteraction to juvenile delinquency: overcoming taboos 对青少年犯罪的强力对抗:克服禁忌

Juridical Journal of Samara University Pub Date : 2023-01-18 DOI: 10.18287/2542-047x-2022-8-3-77-87

S. Milyukov, A. Nikulenko

{"title":"Forceful counteraction to juvenile delinquency: overcoming taboos","authors":"S. Milyukov, A. Nikulenko","doi":"10.18287/2542-047x-2022-8-3-77-87","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-3-77-87","url":null,"abstract":"According to the official statistics, juvenile delinquency continues to decline steadily, which, of course, raises reasonable doubts both among scientists involved in the issue under consideration and some citizens. In their socially dangerous manifestations, they are becoming more and more daring and aggressive, the share of violent crimes in the overall structure of juvenile delinquency is only increasing. Fundamental approaches to the analysis and reassessment of the situation have not changed for a long time, creating the illusion of positive dynamics and sufficiency of measures taken to prevent juvenile delinquency. At the same time, countering socially dangerous manifestations of minors is left to the mercy of citizens who are directly confronted with such manifestations of gross uncontrolled aggression, teenagers who feel their impunity perfectly, most often acting in a group. In front of them even law enforcement officers often look powerless. However, recently more and more attention has been paid to the capabilities of citizens and law enforcement officers to legally resist criminal expansion. The authors do not call for strengthening the criminal responsibility of minors, given the already punitive beginnings of modern Russian criminal legislation, but it is still necessary to act decisively. It is advisable to tighten administrative legislation, which to some extent will reduce the feeling of impunity among adolescents and will obviously contribute to the prevention of socially dangerous manifestations on their part in the future. At the same time, it is necessary to change the attitude of both the legislator and the law enforcement officer to persons who show civil initiative in forcibly (by causing harm) countering socially dangerous acts, including those committed by minors or with their participation.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127762476","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

Questions of the admissibility of the use of modern evidence in the claim proceedings «screenshot» 在索赔程序中使用现代证据的可采性问题“截图”

Juridical Journal of Samara University Pub Date : 2023-01-18 DOI: 10.18287/2542-047x-2022-8-3-42-46

N. Tkacheva

{"title":"Questions of the admissibility of the use of modern evidence in the claim proceedings «screenshot»","authors":"N. Tkacheva","doi":"10.18287/2542-047x-2022-8-3-42-46","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-3-42-46","url":null,"abstract":"This article examines the question of the admissibility of the use of a screenshot as evidence in the claim proceedings during the consideration and resolution of a civil case in court. Using a doctrinal approach, the formed concepts of the essence of such a type of proof as a screenshot are analyzed. Having established that for many scientists, the fundamental definition of a screenshot is a picture taken from the screen of a digital device, a distinction is made between a snapshot and a screenshot. The controversial nature of attributing the screenshot to a separate type of evidence, written or material, is noted. Using the method of scientific knowledge of judicial practice, the article concludes that the courts have long been familiar with such evidence as a photograph and do not often use a screenshot as such, since there is no legal definition of a screenshot, as well as mechanisms for fixing it and establishing the source from which the screenshot was taken. Judicial practice, in turn, has an impact on law-making and practical law enforcement. In the end, it is concluded that there is a need for a legislative settlement of controversial issues regarding such evidence as a screenshot in order to improve the effectiveness of the evidentiary procedure and the accessibility of justice in general.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132868929","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 twenty-fifth anniversary of the restorative justice movement in Russia 在俄罗斯恢复性司法运动二十五周年之际

Juridical Journal of Samara University Pub Date : 2023-01-18 DOI: 10.18287/2542-047x-2022-8-3-61-69

V. O. Belonosov

{"title":"On the twenty-fifth anniversary of the restorative justice movement in Russia","authors":"V. O. Belonosov","doi":"10.18287/2542-047x-2022-8-3-61-69","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-3-61-69","url":null,"abstract":"This article examines the controversial period of emergence and development of restorative justice in Russia. This domestic experience is compared with the modern European understanding of restorative justice and its fundamentals. It is acknowledged that our country has an interesting experience of restorative justice, documented in the Restorative Justice Herald and other documents, which we can be proud of thanks to the actions of a team of like-minded people in more than 30 regions of the country. But there are also difficulties. The attitudes towards restorative justice on the part of the authorities, law enforcement agencies and academia are analyzed. Attention was paid to the discussion of the model legal regulation of the concept of reconciliation in criminal proceedings, which took place on April 22, 2022 at the Department of Criminal Procedure of the North-West Branch of the Russian State University of Justice. As the social response of civil society to crime, restorative justice is based on fundamentally different principles from state governance. Such work requires a fundamentally new way of thinking and working. It is concluded that restorative justice in Russia is wrongly restricted. Comments are made on the model of legal regulation of conciliation in criminal proceedings from the perspective of the essential nature of restorative justice.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122885325","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

Some problems of qualification of crimes related to suicide 自杀犯罪定性的若干问题

Juridical Journal of Samara University Pub Date : 2023-01-18 DOI: 10.18287/2542-047x-2022-8-3-88-93

T. N. Nurkayeva, M. A. Artamonova

引用次数: 0

Certain aspects of the legal regulation of remote work 远程工作的法律规定的某些方面

Juridical Journal of Samara University Pub Date : 2023-01-18 DOI: 10.18287/2542-047x-2022-8-3-54-60

S. V. Osipova

{"title":"Certain aspects of the legal regulation of remote work","authors":"S. V. Osipova","doi":"10.18287/2542-047x-2022-8-3-54-60","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-3-54-60","url":null,"abstract":"The article deals with topical problems of legal regulation of remote work, the regulation of which has undergone significant changes in recent years. Attention is drawn to the fact that one of the signs of remote work is the performance of a labor function by an employee outside the territory or facility of the employer, and to the debatability of the issue of determining the workplace of a remote worker. It is noted that despite the application of general rules, changing the employment contract with a remote worker has its own characteristics. First of all, this is the possibility of concluding an appropriate additional agreement by exchanging electronic documents. Various options for such changes are being explored: the transfer of an existing employee to a remote form of employment, the abolition of remote work and return to the office, the establishment of hybrid employment, etc. It is proposed to establish in the Labor Code of the Russian Federation a list of grounds, in the presence of which the employer, at the request of the employee, is obliged to transfer the employee to a remote work format, or an indication of the list of categories of employees. The problems of the mode and accounting of the working time of remote workers are considered. The conclusion is made about the prospects of remote work for professions, areas of activity that have the ability to work remotely.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129821571","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