Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo最新文献

{"title":"Exemption from criminal liability with the appointment of a court fine: Application trends and development prospects","authors":"Nina Yu. Skripchenko, Svetlana V. Anoshchenkova","doi":"10.21638/spbu14.2023.304","DOIUrl":"https://doi.org/10.21638/spbu14.2023.304","url":null,"abstract":"The article analyzes statistical data reflecting the trends in the implementation of exemption from criminal liability with the appointment of a judicial fine. It has been established that the legislative expansion in 2016 of the exempting norms was reflected not in the level of their application, but in the structure. The crisis phenomena in the economy that emerged in 2020, provoked by COVID-19 restrictions, slowed down the growth in the application of Art. 76.2 of the Criminal Code of the Russian Federation, achieved by reducing the level of implementation of Art. 76 of the Criminal Code of the Russian Federation. Expansion Art. 76.2 of the Criminal Code of the Russian Federation contributed to the broad interpretation of the terms of application by the Ruling of the Presidium of the Supreme Court of the Russian Federation. By allowing any actions of the perpetrator to be classified as compensatory, provided that they are legal and do not infringe on the rights of third parties, the Supreme Court of the Russian Federation laid the foundation for the “reassessment” of the actual circumstances from active repentance or reconciliation with the victim to compensation for damage and allowed the extension of exempting norms to persons who have committed acts that harm the public interest. Sharing the desire of the legislator to reduce the repressiveness of the criminal law, it is necessary to keep the institution of exemption from criminal liability of an exceptional nature by limiting the possibility of its application in relation to criminal acts that pose a threat to national security. The results of the study give reason to doubt the expediency of further regulatory expansion of the institution under consideration. The best option for reducing the share of crime is reasonable criminalization and adequate penalization of socially dangerous acts.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313227","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":"Forecast and hedging of risks in decision-making by an investigator and a judge","authors":"Yury A. Tsvetkov","doi":"10.21638/spbu14.2023.306","DOIUrl":"https://doi.org/10.21638/spbu14.2023.306","url":null,"abstract":"The study is aimed at determining the role and significance of forecasting in the professional activities of an investigator and a judge. Methodologically, the study is based on probability theory, signal theory, project management and risk management. The empirical basis of the study is criminal cases initiated against judges as well as against investigators and other law enforcement officials due to negligence. The data of judicial and criminal statistics are used. The author analyzes the empirical material and solves the problem of forecasting by applying the approach is due to the classification of investigative and judicial risks proposed by the author himself according to the nature and content of the consequences of their implementation on legal (formal and material) and social risks. A qualitative-quantitative methodology for assessing forensic and investigative risks developed by the author is proposed. The concept of hedging is introduced into scientific legal circulation as a system of ways to prevent or minimize the negative consequences of their occurrence. The main conclusion is made about the need for judges to master the scientific methods of forecasting and managing risks, as well as to establish clear criteria for liability for grave consequences as a result of gross judicial errors in forecasting.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135317824","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":"Limping relationships in international family law","authors":"E. Voytovich","doi":"10.21638/spbu14.2023.113","DOIUrl":"https://doi.org/10.21638/spbu14.2023.113","url":null,"abstract":"The article examines a legal phenomenon that has not received a generalized legal characteristic, its research in international family law is fragmentary. The reasons for the “lame” relationships are analyzed: differences in conflict of laws regulation, incorrect application of conflict of laws rules, discrepancy between substantive regulations, conflict of jurisdictions; it is concluded that “lame” relationships are the result of the interaction of conflict of laws, substantive and procedural norms, leading to an undesirable legal effect. The author expresses doubts about the effectiveness of such a method of eliminating “lame” relationships as the convergence of legal systems, suggesting to pay attention to the competing traditional conflict tools and the opposite methodological approach — recognition, the potential of which is underestimated and insufficiently studied. Recognition is seen not as an alternative to conflict method, but as an additional way to overcome “lame” relationships. Replacement of national conflict of laws rules in cross-border family disputes is illustrated by the practice of the European Court of Human Rights and the Court of Justice of the European Union. Attention is drawn to the existing models of recognition in common law countries and continental legal tradition, the legal nature and place of the norms of Russian family legislation on recognition are analyzed. иThe mechanism of recognition of foreign administrative procedures and decisions, foreign documents in the Russian Federation is assessed. The author comes to the conclusion that implementation in domestic law of various approaches to the recognition of foreign court decisions, administrative procedures and documents issued by the competent authorities of foreign states, proposing to unify them within the framework of a uniform recognition procedure that excludes uncertainty and internal contradictions.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89753452","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":"Status of the victim in the adversary proceeding: Experience from Russia and recommendation for the Vietnam’s criminal procedures","authors":"Chi Tran Kim, Vu Tran Tuan","doi":"10.21638/spbu14.2023.310","DOIUrl":"https://doi.org/10.21638/spbu14.2023.310","url":null,"abstract":"Nowadays, most researchers believe that Russian Federation’s Criminal Procedure follows a mixed model instead of the traditional inquisitorial procedure model. Using the Russian Federation as an example, this article raises questions, including: How will the acquisition of adversarial elements affect the victim? Is the victim an independent party to participate in the adversary proceeding? Do the adversarial activities of the victim and the other subjects exist at the pre-trial stages? In Vietnam, with the limitation of the victim to participate actively in the adversary proceeding, it will be difficult for the victim to protect his or her legitimate rights and interests in criminal proceedings. He/she participates in the proceedings passively with the same role as witnesses. This article explores the role and position of the victim in the adversary proceeding of Russia. Analyzing the rights and obligations of the victim in the adversary proceeding, this article found that the victim in the Criminal Procedure Code of the Russian Federation is eligible to participate in the adversary proceeding as an independent party. Based on the results of research on the limitations of the victim’s role in Vietnamese criminal proceedings, the article discusses the significance of this study and proposes approaches to improve the victim’s participation in the adversary proceeding in Vietnam’s criminal justice system.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"133 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313880","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":"Actual practice of linguist expert within the speech offenses: Relevance and problems","authors":"Farida T. Akhunzianova","doi":"10.21638/spbu14.2023.116","DOIUrl":"https://doi.org/10.21638/spbu14.2023.116","url":null,"abstract":"This article raises the problem of the uncertainty of legal norms related to speech offenses, which can be traced, in particular, in Art. 5.61 “Insult” of the Code of Administrative Offenses of the Russian Federation in relation to the concepts of a generalized negative assessment and indecent form of expression. The author believes that the adoption of a new wording of the plot of this article did not eliminate the existing uncertainty, on the contrary, new, even more uncertain elements led to the danger of an arbitrary broad interpretation of this legal norm and equally arbitrary judicial decisions in cases of insult. The article emphasizes that under such conditions, linguistic expertise becomes of particular importance as an important way to establish the essential signs of insult. However, despite the fact that, in relation to the le gal sphere, one can quite confidently speak of the already established institution of linguistic expertise, nevertheless, in cases involving personal insults, linguistic experts continue to face a number of problems. Difficulties are associated with the assessment of a particular word as subject to the disposition of an insult, with the definition of decency/indecency of a linguistic form of expression, with the inability to codify the norms of morality and morality, with the use of various linguistic approaches by experts, as a result of which many questions remain debatable. Examples of such situations are also given in the article. According to the author, the legislator should clearly define the conceptual content of all components of the objective side of offenses related to personal insult, at the same time, professional linguists should develop a common understanding and a common strategy in solving these problems. This article is an attempt to take a step in this direction.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"3 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76904877","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":"Computer games in legal research: On the prerequisites of the regulation model","authors":"V. Arkhipov, A. Vasiliev, N. Andreev, Y. Pechatnova","doi":"10.21638/spbu14.2023.101","DOIUrl":"https://doi.org/10.21638/spbu14.2023.101","url":null,"abstract":"Games in general and computer games in particular have long been a subject of research in legal research starting from the focus on the analogy between law and games (known inter alia from the works by A. Ross). However, by the beginning of the 21st century computer games and, above all, multiplayer computer games (virtual worlds) became an independent subject of legal research, both because of the interest in private legal problems and based on the methodological premise in the spirit of L. Lessig, according to which the study of the legal dimension of multiplayer game worlds, just as it was earlier with the Internet, can provide new knowledge about the law in general. Computer games are a commercially successful type of media, reflecting the acute problems of “digital law” and one of the significant theoretical and legal problems of determining the reasonable limits of law intervention in “non-serious” or “virtual” relationships. To understand the peculiarities of computer games, including for the purposes of legal research and improvement of the model of legal regulation, a broad interdisciplinary view that takes into account the approaches developed in media studies (M. McLuhan, L. Manovich et al.) and in studies of games as such (J. Huizinga and R. Caillois et al.). As a result, computer games can be considered as a kind of new media the qualities of which are reflected in their main legal qualifications — as the results of intellectual activity, information, means of communication and, actually, games. These qualities can be considered as basic for the development of the model of regulation of computer games and the game industry, taking into account the balance of interests of developers, publishers and the game community, as well as taking into account national interests.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"35 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88931113","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 legal regulation of public-private partnerships in Russian legal research before and after the adoption of Federal Law on Public-Private Partnership. Part one","authors":"S. Maslova, V. Eremin","doi":"10.21638/spbu14.2023.109","DOIUrl":"https://doi.org/10.21638/spbu14.2023.109","url":null,"abstract":"This article analyzes the current state of Russian legal research on the regulation of public private partnership (PPP). Most of them are related to the regulation of the concept of PPP, its forms, the legal nature of the PPP agreement, the subject and object composition of PPP, the resolution of disputes arising from PPP, in order to systematize of existing scientific approaches to these regulation problems, determining the degree of this knowledge, assessing the dynamics of such research. Systematization of the main scientific conclusions and argumentation of more than 110 legal publications is carried out in the refraction of the Federal Law on PPP, which become a “watershed”, a factor that set the directions of scientific and legal discourse in the field of PPP increased the dominance of some right-wing positions on PPP and the weakening of others. The Federal Law on PPP provoked intensive dynamics and the overall volume of legal research on PPP in general. A comparison of the approaches in the legal publications reveals a preponderance of very significant intra-doctrinal divergences over the few consolidated positions on PPP legal issues even after the adoption of the Federal PPP Act. In particular, there is still a lack of consensus on the key legal definitions — PPP and its forms, as well as the PPP agreement as a contractual construct and its legal nature. The authors note that the existing degree of fragmentation of positions prevents the creation of a solid theoretical basis for understanding the problems of legal regulation of PPPs, significantly tangles the scientific search for options and methods of their solution. In the article proposes promising ideas for future legal research of PPP. The potential for interdisciplinary research is particularly important for the development of existing and obtaining new scientific knowledge about PPP.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"6 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91018831","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":"A new model of Russian-Chinese trade and economic cooperation: Establishing the Center of Legal Services Saint Petersburg — Shanghai","authors":"Siyuan Jiang","doi":"10.21638/spbu14.2023.118","DOIUrl":"https://doi.org/10.21638/spbu14.2023.118","url":null,"abstract":"Shanghai and Saint Petersburg are sister cities. Shanghai was the very first sister city of Saint Petersburg in China. The cities are linked by long-term fruitful humanitarian and economic ties. Economic cooperation between the two cities has been and remains one of the priorities of interaction for the development of cities. Saint Petersburg — Shanghai economic cooperation has great potential. The level of cooperation on the range of economic and other issues is constantly expanding, the demand for legal assistance is also increasing, respectively. Therefore, the establishment of the Center of Legal Services Saint Petersburg — Shanghai is of great importance. This Center will be committed to the development and prosperity of the two cities, expanding mutually beneficial trade, economic and investment cooperation, broadening and deepening cooperation ties in various economic sectors, consolidation of legal services resources and establishment of a mechanism for communication and coordination between government departments and enterprises of the two cities, conducting specialized Webinars dedicated to the establishment of the Center of Legal Services Saint Petersburg — Shanghai and various legal topics, publishing a white paper, legal branding, successful holding of the Forum on the legal services of the Shanghai Cooperation Organization, strengthening the docking of high-quality projects, creating a new model of economic and trade cooperation, consolidation of the foundation for Sino-Russian economic and trade cooperation, creation of an integrated single digital platform for the exchange of information; information exchange for further discussion of issues of cooperation in such areas of mutual interest as legal control by legislative bodies, prevention and control during the pandemic, trade and economic development and humanitarian exchanges for enterprises of Russia and China, in order to give impetus to the further development of relations between Saint Petersburg and Shanghai as sister cities.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"19 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85276394","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":"Features of the constitutional and legal status of the governments of the member states of the Eurasian Economic Union","authors":"О.А. Kozhevnikov, A. Nechkin","doi":"10.21638/spbu14.2023.114","DOIUrl":"https://doi.org/10.21638/spbu14.2023.114","url":null,"abstract":"The consideration of the peculiarities of the constitutional and legal statuses of the governments of the Eurasian Economic Union (EAEU) states (Russia, Belarus, Kazakhstan, Armenia and Kyrgyzstan), in the context of the economic integration in the Eurasian post-Soviet space that is increasingly deepening today, is of considerable practical interest. The authors note that the differences in the constitutional and legal statuses of the governments of the EAEU states are primarily due to the peculiarities of the forms of government enshrined in the constitutions of these states, which, for the most part, cannot be classified according to the traditionally distinguished sub-forms of the republican form of government. Despite the debatable nature of the structure of the constitutional and legal status of the government, the authors, taking into account the peculiarities of the forms of government enshrined in the EAEU states, focus on such elements as: constitutional and legal characteristics; composition, procedure for the formation and early termination of powers; competence. Summing up the overall results of the study, the authors come to the conclusion that, despite the presence of common views on economic integration, the EAEU states do not seek unification in terms of the organization of state power on their territory. However, despite this, the general trends towards the possible improvement of the constitutional and legal status of the governments of the majority of the EAEU states can still be identified. These include, first of all, a gradual increase in the degree of independence of governments from the head of state, which, in turn, can be achieved by strengthening the direct interaction of the government with the parliament, as well as by taking into account the opinion of the parliament or its lower house when forming or early termination of the government’s powers.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"36 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91353499","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":"Digital transformation of the investigation process as an objective reality","authors":"A. Smushkin","doi":"10.21638/spbu14.2023.106","DOIUrl":"https://doi.org/10.21638/spbu14.2023.106","url":null,"abstract":"The article examines the implementation of one of the main trends of the IV information revolution, the digital transformation of society, in law enforcement. By comparing the categories of “digitalization” and “digital transformation”, the conclusion is justified that digitalisation of investigation is only an element, a condition of digital transformation. The approach of various authors to the need for digitalisation and the essence of digitalisation are analysed. The independent importance of the category “digital transformation of the investigation process” is justified. It is stated that an “ideological” basis of the digital transformation of the investigation process should be a unified private theory, and the theory of electronic digital forensics developed by the author is offered. The analysis of the influence of digital transformation on crime prediction is marked by the growing importance of Big Data analysis. The impact of digital transformation on forensic thinking and algorithmic investigation is analysed. It is stated that new concepts developing within the framework of digital transformation contribute to development of program specific aides to inductive-deductive activity of an investigator, as well as prognostic methods of investigation. Considering the concept of cyber-investigator and appreciating the idea of robotization of some aspects of investigative activity we come to a conclusion that until full-scale development of artificial intelligence, at least equal to human, it will be only an auxiliary tool or “remote hands” of human investigator. As a result of the study, the main tasks of law enforcers, scientists and the main vectors of development of the digital transformation are identified.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"35 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87696039","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}