Juridical Journal of Samara University最新文献_第8页

Judicial practice in criminal and other types of legal proceedings: prospects for convergence 刑事和其他类型法律诉讼的司法实践:趋同的前景

Juridical Journal of Samara University Pub Date : 2022-02-02 DOI: 10.18287/2542-047x-2021-7-3-73-79

A. Sharipova

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引用次数: 0

Mechanics of the interaction of material and procedural using the example of an assignment in execution proceedings 材料与程序相互作用的机制，以执行程序中的指派作业为例

Juridical Journal of Samara University Pub Date : 2022-02-02 DOI: 10.18287/2542-047x-2021-7-3-107-114

D. Abushenko

引用次数: 0

Failure to enter information about funds placed by individuals and individual entrepreneurs in financial accounting and reporting documents of a credit institution (Article 172.3 of the Criminal Code): another unclaimed norm? 没有在信贷机构的财务会计和报告文件中输入个人和个体企业家的资金信息(《刑法》第172.3条):另一个无人认领的规范?

Juridical Journal of Samara University Pub Date : 2022-02-02 DOI: 10.18287/2542-047x-2021-7-3-38-45

V. Gladkikh

{"title":"Failure to enter information about funds placed by individuals and individual entrepreneurs in financial accounting and reporting documents of a credit institution (Article 172.3 of the Criminal Code): another unclaimed norm?","authors":"V. Gladkikh","doi":"10.18287/2542-047x-2021-7-3-38-45","DOIUrl":"https://doi.org/10.18287/2542-047x-2021-7-3-38-45","url":null,"abstract":"On the example of Article 172.3 of the Criminal Code of the Russian Federation the article considers the problem of insufficient demand for a number of crimes committed in the field of economic activity (Chapter 22 of the Criminal Code of the Russian Federation). It is noted that against the background of the campaign that began in the country in 2009 to liberalize criminal policy in the field of combating economic crime and a significant decrease in the number of this type of crime (more than four times), there is a permanent process of criminalization of socially dangerous acts that infringe on public relations in the economic sphere. At the same time, out of 60 compositions of Chapter 22 of the Criminal Code of the Russian Federation, no more than a quarter are relatively working. Almost a third of the norms are completely unclaimed by law enforcement practice. One of these norms was Article 172.3 on responsibility for failure to enter information about funds placed by individuals and individual entrepreneurs in financial accounting and reporting documents of a credit institution. The reasons for this state of affairs, according to the author, are the insufficient criminological substantiation of the introduction of such norms into the Criminal Code, their constructive imperfection, duplication by other compositions similar in content, the lack of practice-proven methods of disclosing and investigating cases of this category, the low professionalism of law enforcement officers conducting criminal cases, cases of economic crimes, etc. Proposals are made to improve the criminal policy in the field of combating economic crimes, based on a systematic, scientifically grounded approach.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128045368","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

European approach to the delimitation of non-personal data for the purposes of civil circulation 以民事流通为目的的非个人数据界定的欧洲方法

Juridical Journal of Samara University Pub Date : 2022-02-02 DOI: 10.18287/2542-047x-2021-7-3-126-131

A. V. Sterligova

引用次数: 0

Prosecutorial activity in the light of additional guarantees of proper execution at the federal level of decisions of the Constitutional Court of the Russian Federation 在进一步保证俄罗斯联邦宪法法院的判决在联邦一级得到适当执行的情况下开展检察活动

Juridical Journal of Samara University Pub Date : 2022-02-02 DOI: 10.18287/2542-047x-2021-7-3-80-85

A. Semenov

{"title":"Prosecutorial activity in the light of additional guarantees of proper execution at the federal level of decisions of the Constitutional Court of the Russian Federation","authors":"A. Semenov","doi":"10.18287/2542-047x-2021-7-3-80-85","DOIUrl":"https://doi.org/10.18287/2542-047x-2021-7-3-80-85","url":null,"abstract":"The article considers the prosecutor's activity in the context of the proper execution at the federal level of decisions of the Constitutional Court of the Russian Federation (the highest judicial body of constitutional control), taking into account additional guarantees established by the legislator. Ensuring that law enforcement agencies take into account the positions of the supreme judicial body of constitutional control within the framework of the current legal system is a necessary element of maintaining the rule of law and order in the country. A special role in this process is assigned to the Prosecutor General's Office of the Russian Federation, which interacts with the Constitutional Court of the Russian Federation within its competence, can inform the President of the Russian Federation in appropriate cases, and also applies response measures against supervised federal state authorities. The author also analyzes the reasons for the improper execution of decisions of the supreme judicial body of constitutional control, which are highlighted in scientific publications on this issue.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122572107","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

Legal fact and case: correlation in legal relations 法律事实与案件:法律关系中的关联

Juridical Journal of Samara University Pub Date : 2022-02-02 DOI: 10.18287/2542-047x-2021-7-3-121-125

N. A. Plakhtiy

引用次数: 0

System of legal liability in the context of political science of law (a first approximation) 法律政治学背景下的法律责任制度(初步近似)

Juridical Journal of Samara University Pub Date : 2022-02-02 DOI: 10.18287/2542-047x-2021-7-3-7-18

I. Kuzmin

{"title":"System of legal liability in the context of political science of law (a first approximation)","authors":"I. Kuzmin","doi":"10.18287/2542-047x-2021-7-3-7-18","DOIUrl":"https://doi.org/10.18287/2542-047x-2021-7-3-7-18","url":null,"abstract":"Theoretical and empirical data indicate the need to recognize the value and applicability of the political science tools of law in legal research. Determination of the scientific status of political science of law as an element of the general theoretical science of law or an independent science at the initial stage of approbation of its methodological prospects is not an end in itself. The article attempts to initially understand the political content of legal liability and its system at the normative and individual levels of legal regulation using the methods of political science of law. Based on the analysis of social and political practice, domestic and foreign conceptual ideas, as well as the provisions of the current legislation of Russia and the specifics of its application, the author comes to the conclusion that political and legal reality deeply penetrates into the structure of the phenomenon of the system of legal liability. By defining the boundaries of the political element, areas of contact of the legal liability system with the socio-political sphere in the general context of the legal formation process, assessment of the regulatory impact and the degree of effectiveness of law enforcement are identified. The problem areas of the system of legal liability are revealed, requiring the application of the methods of political science of law and the imposition of the model of the legal process, mediating the consolidation and realization of liability, on the model of the political process. The prospects are established and the expected results of the use of political and legal analysis, political and legal modeling, political and legal experiment and a comparative political and legal method in relation to the subject of research are formulated.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133662264","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

Public-legal significance of civil status acts in family sphere in Spain: problems of legislation and law enforcement 西班牙家庭领域民事地位行为的公法意义:立法与执法问题

Juridical Journal of Samara University Pub Date : 2022-02-02 DOI: 10.18287/2542-047x-2021-7-3-86-90

I. Trofimets

引用次数: 0

The position of professor V. A. Lazareva on the collection of evidence in general can be supported, but... V. A. Lazareva教授关于证据收集的立场总体上是可以支持的，但是……

Juridical Journal of Samara University Pub Date : 2022-02-02 DOI: 10.18287/2542-047x-2021-7-3-66-72

S. Rossinskiy

引用次数: 1

Conflict of legislation on non-stationary trade 非平稳贸易的立法冲突

Juridical Journal of Samara University Pub Date : 2022-02-02 DOI: 10.18287/2542-047x-2021-7-3-102-106

M. А. Paladyev

引用次数: 0