Juridical Journal of Samara University最新文献

{"title":"Methods of enforcing obligations and the astrent institute in civil law of Russia","authors":"L. Zarapina, N. Kuptsov","doi":"10.18287/2542-047x-2022-8-3-47-53","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-3-47-53","url":null,"abstract":"The formation and development of human society, the deepening, expansion and complication of economic, economic and interpersonal relations between interacting subjects, as well as a high degree of integration and convergence of modern political, economic and legal systems of various states inevitably entail the formulation of significant scientific problems and challenges for researchers in a wide variety of fields. In this sense, the doctrine and practical implementation of the branch of civil law are no exception: the rapidly changing conditions of economic activity and trade and economic turnover naturally force the legislator and the scientific community to search for new, more modern and relevant instruments of legal regulation of a wide range of civil legal relations between subjects that in essence, they form the economic turnover within a particular society and state. This trend, with varying degrees of intensity, affects all sub-sectors and institutions of civil law, including ways to ensure civil law obligations: undoubtedly, today there are many ways for development. Ensuring the proper performance of civil obligations by the subjects of civil law is one of the most important and, as a result, controversial, problematic issues both in domestic and foreign civil law doctrine and in extensive law enforcement practice. In this regard, of central importance is the scientific consideration and study of specific ways to ensure the fulfillment of obligations, many of which are gradually being legally enshrined in the legislation of the Russian Federation. At the same time, due to the lack of real practical experience, as well as the insufficiency of doctrinal sources, the essence of many of them, as well as the relevance and necessity of their application, causes serious disagreement among the scientific and professional legal community. One of these institutions at this stage is the institute of astrent. The article is devoted to the consideration of some problematic aspects of determining the theoretical essence of astrent, which may affect subsequent clarifications or changes in the text of the relevant regulatory legal acts of the Russian Federation. The aim of the work is an attempt to determine the theoretical essence of the institute of astrent in connection with the dual nature of its most significant legal features.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"2 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":"130896140","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":"About the phenomenon of «post-pandemic» reality and the social purpose of the state","authors":"A. Naumov, T. Naumova, L. R. Romanovskaya","doi":"10.18287/2542-047x-2022-8-3-7-18","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-3-7-18","url":null,"abstract":"Until now, there is no single view on the concept of state. Leading domestic and foreign legal institutions recognize this problem as highly controversial and not fully resolved. The concept of state came to us from ancient times and it will constantly change depending on the socio-political characteristics of the current historical period. The COVID -19 epidemic has made significant changes in the socio-economic way of life of a huge number of states, including Russia. Because of these processes, prerequisites have appeared for the formation of a still little-studied phenomenon of post-pandemic social reality, which needs a comprehensive study. The purpose of the article is to consider the concept, features, essence and social purpose of the state and the phenomenon of post-pandemic social reality. The objectives of the scientific article are to reveal the concept and identify the signs of the state, to analyze the essence and social purpose of the state on the example of the Russian Federation, consider the phenomenon of post-pandemic social reality and its impact on our country. The methodological basis of this research is the universal dialectical method of cognition, as well as general scientific and particular scientific methods: historical, systemic, formal-logical, methods of analysis and synthesis, induction and deduction, statistical, formal-legal, comparative-legal methods, methods of interpretation of law. Conclusions: each state is unique in its own way and has a number of specific features. At the same time, each state has generalizing features, such as territorial integrity, taxation, the presence of public authority, etc. The state will always remain in the focus of attention of many scientists due to their increased interest in the fundamental features of the state and its essence. The essence of the state is stable. However, it is impossible to neglect external and internal factors that can modify the essence of the state, make some adjustments to it, change the content. The Russian Federation will continue to strive by all available means to become a socially oriented power with highly developed social institutions, strong public support from state structures and a developed network of non-profit foundations. For this status, it has all the necessary tools at its disposal rich cultural heritage, vast expanses with a huge amount of resources, and scientific and legal base. The phenomenon of post-pandemic social reality in the scientific space has appeared quite recently, but it quite clearly characterizes the fundamental changes that have occurred in the life of Russian society against the background of the protracted coronavirus pandemic. These changes affected not only the healthcare system, but also the development and integration of new technologies, the labor market, demographic indicators and many other indicators. The timely use of state reserves aimed at strengthening funding for industries in need, the ongoing training ","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"50 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":"132683196","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":"About the stages of exemption from criminal liability","authors":"E. V. Blagov","doi":"10.18287/2542-047x-2022-8-3-70-76","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-3-70-76","url":null,"abstract":"the article establishes and analyzes the periods of exemption from criminal liability, which has not previously been subjected to scientific understanding. It is concluded that the stages of exemption from criminal liability are the adoption and consolidation of the decision on exemption from criminal liability. The first stage is the thought process. Decisions made at this stage are divided into primary and secondary. The first include decisions a) on taking into account the relevant circumstances and b) on the type of release. Secondary decisions are recognized upon release with the appointment of a court fine about it, and upon release with the use of coercive measures of educational influence about them. The second stage of exemption from criminal liability consists solely in fixing in a certain criminal procedural act the results achieved at the first stage. The shortcomings of criminal and criminal procedure legislation and the practice of its application are shown, which make it difficult to adopt and consolidate a decision on exemption from criminal liability.","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":"131375066","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":"Information technology in the activity of a deputy: experience and prospects","authors":"A. М. Budaev, A. Nadin","doi":"10.18287/2542-047x-2022-8-3-32-41","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-3-32-41","url":null,"abstract":"This article discusses the topic of the need to use social networks in the activities of a deputy of a representative body of power. The coverage by a deputy of his professional activities, proposed legislative initiatives and, in general, his own position on a set of pressing life problems in various social networks and instant messengers helps to increase the political and legal culture of citizens, their involvement in the processes of organization and functioning of bodies and mechanisms for the implementation of public power. The fact that the subject distributing information on the official page (channel) in the social network (messenger) has a special public law status of a deputy of a representative body of power imposes on him both general obligations stipulated by the legislation on information, information technologies and information protection, as well as special prohibitions and restrictions arising from the requirements of the conscientious implementation of public interests. It is proposed to establish the obligation to maintain official pages and channels in social networks for deputies of representative bodies of the federal and regional levels of public authority, carrying out parliamentary activities on a permanent professional basis.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"30 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":"116701529","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 the academic discipline «Encyclopaedia of law» in Germany in XVIII–XIX centuries","authors":"O. K. Slobozhaninov","doi":"10.18287/2542-047x-2022-8-2-88-94","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-2-88-94","url":null,"abstract":"The article deals consecutively with the beginning, development, heyday and downturn of the academic discipline of encyclopaedia of l aw in Germany with special accent on the period of XVIIIXIX centuries. The author presents the review of the most significant German encyclopaedias of law, edited since XVI until XIX centuries and the characteristics of its content. The paper includes the brief biographies of famous German lawyers-encyclopaedists such as Daniel Nettelbladt, Johann Stephan Ptter, Gustav Hugo, Heinrich Ahrens, Adolf Merkel (and the others), data on their main works and crucial views. The author observes the change of name and content of encyclopaedia of law as a legal academic discipline, its mutual influence on history, philosophy and legal academic disciplines. The article demonstrates the vast historical and theoretical material from the works of Russian pre-revolutionary lawyers such as N. M. Korkunov, N. K. Rennenkampf, F. V. Taranovsky, G. F. Shershenevich who researched in details the issues on becoming of encyclopaedia of law both as science and as an academic discipline. The author also enumerates the universities where the encyclopedia of law was taught as an academic discipline and presents some of its names.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128596890","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":"Legal regulation of the operation of oil and gas pipelines","authors":"Yu. N. Shuvatkina","doi":"10.18287/2542-047x-2022-8-2-78-81","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-2-78-81","url":null,"abstract":"The relevance of the chosen topic of the article is due to the lack of scientific research in the field of legal regulation of the operation of oil and gas pipelines. The article states that the legislation of the Russian Federation does not provide the concept of oil and gas pipelines. In the course of the study, the features of pipelines were identified and analyzed, which made it possible to give an appropriate legal definition of oil and gas pipelines. Also, the classification of pipelines was carried out in order to determine the place of oil and gas pipelines in the system of legal regulation. Taking into account the above pipelines classifications, an analysis of regulatory sources containing norms governing the operation of oil and gas fields was carried out, as a result of which their imperfection and insufficiency in relation to field and on-site pipelines was ascertained.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130980904","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":"Interaction of the principle of independence of judges and the principle of independence of advocacy in civil proceedings","authors":"A. Fedina","doi":"10.18287/2542-047x-2022-8-2-70-77","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-2-70-77","url":null,"abstract":"The article examines the forms of interaction of the eponymous principle of independence in the professional activities of a pleader and a judge in a civil process. The conditions of independence are necessary for the judge and the pleader to be free in political, economic and intellectual terms for the qualitative implementation of professional activities. The author concludes that the independence of a pleader, as well as the independence of judges, has its own limits in subordination to Constitution of Russian Federation and the law, guarantees of the independence of pleaders and judges are similar in content. Guarantees of the independence of professional activities of judges and pleaders in the Russian Federation are the organizational independence of the judicial system and the bar, the activities of the bodies of judicial and bar community, the ban on interference in their professional activities, as well as the ban on engaging in any activities other than those defined in the law. Mutual respect for judicial and pleader independence makes the procedural activities of the pleader and the court in civil proceedings more effective and rewarding.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"466 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130472051","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":"Concept and types of crisis situations in institutions of the penitentiary system","authors":"S. Khokhrin","doi":"10.18287/2542-047x-2022-8-2-42-53","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-2-42-53","url":null,"abstract":"This article is the result of a comprehensive study of the crisis situation, its concepts and types in relation to the penal system. The relevance of the article is due to the fact that the institutions of the penal enforcement system actively use a large amount of diverse conceptual apparatus associated with the introduction of a regime of special conditions in the event of natural, man-made or criminal situations, which significantly complicates the possibility of assessing the onset of negative consequences from their occurrence and the need to attract additional forces and funds of federal executive authorities. The purpose of the publication is to define the concept of crisis situations in relation to the penal system based on the analysis of the conceptual apparatus used in penitentiary institutions for the prevention and overcoming of crisis situations. The article uses such general scientific research methods as generalization, analysis and synthesis, concretization. As a result of the analysis of the legislative framework and the opinions of scientists, the main types of crisis situations of a criminal, natural or man-made nature have been identified. The author believes that the legislative consolidation of the concept of a crisis situation will improve the legislative framework and regulate issues of interaction between the Federal Penitentiary Service of Russia and other federal executive authorities in these situations.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128387731","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":"Legal reality: philosophical and legal analysis","authors":"P. P. Lang","doi":"10.18287/2542-047x-2022-8-2-11-17","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-2-11-17","url":null,"abstract":"This article presents a philosophical and legal study of the relationship between legal activity and legal reality, their definitions are formulated. The author illustrates theoretical and methodological aspects of interpretation of these categories. The analysis of the combination of legal reality, as well as legal memory, legal awareness, etc. is carried out. Theoretical and legal significance of the categories under consideration for the legal doctrine is determined.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127875975","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":"Integrity principle of sports competition: seeking certainty","authors":"I. Vasilyev","doi":"10.18287/2542-047x-2022-8-2-60-69","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-2-60-69","url":null,"abstract":"The fall of 2021 in European football was marked by a pause in the Super League case: the Union of European Football Associations stopped disciplinary proceedings against the three clubs remaining in the status of organizers, and also canceled all mandatory payments to the confederation from the clubs that left the project. In a previous article, we looked at the UEFA Statutes and the UEFA Licensing and Financial Fair Play Regulations as possible sources of regulation that would have been violated by the emergence of new competition. However, the existence of UEFA regulation preventing the proliferation of organizers of football events on a European scale met with a possible obstacle from the economic-competitive guarantees provided in the provisions of the Treaty on the Functioning of the European Union. At the moment, UEFA is preparing to consider the dispute in the instances of European justice. One of the key arguments on the part of UEFA may be the violation by the Super League organizing clubs of the principle of the integrity of the competition (the integrity of sports). This will additionally update the meaning of the principle for sports justice. However, UEFAs chances of a successful application of the principle seem low: this principle is too elastic and subjective, although it has been featured in the normative regulation of sports for a long time. In the present study, the author has analyzed all the disputes before the Court of Arbitration for Sport (CAS) in which the principle of the integrity of sporting events was declared. The conclusions made confirm the complexity of a convincing appeal to the principle of any sports subject.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132311086","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}