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

{"title":"Evolution of the concept of genocide through the lens of modern “memory wars”: International legal and intrastate dimensions","authors":"Aleksandra A. Dorskaia, Andrei Y. Dorskii","doi":"10.21638/spbu14.2023.115","DOIUrl":"https://doi.org/10.21638/spbu14.2023.115","url":null,"abstract":"The article examines how the concept of genocide has evolved at the international and national legal levels, beginning with its origins at the doctrinal level and culminating in international conventions and national regulatory acts. Challenges regarding the definition of genocide and ambiguous interpretation of genocide in relation to crimes against humanity were identified. It is demonstrated that international justice bodies interpret the concept of genocide differently. The study concluded that humanity did not fully utilize the potential of the United Nations and International Criminal Tribunals in order to develop a joint measured approach to assessing historical events, specifically World War II and the genocide in 1939–1945, in the context of actualizing history and triggering memory wars. The positions of states to consolidate the crime of genocide in criminal legislation are considered: compliance with the definition of genocide in international conventions, extension of the list of groups against whose members the genocide can be committed, leaving the list open as to which groups can be included. The preferences of the second option are shown. Examples of states turning to the facts of genocide committed in the past are given (for instance, Armenia towards Turkey, Namibia towards Germany, Poland towards Germany and Russia, Russia towards Germany and its allies during World War II), and it has been suggested that the material responsibility of states cannot be applied to events before 1945, since the desire to avoid it leads to non-recognition of political international-legal responsibility.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"176 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80743548","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 impact of dysfunctional families on the formation of personality of juvenile offenders","authors":"A. Grinenko, Vasily J. Potapov, E. Tsvetkova","doi":"10.21638/spbu14.2023.117","DOIUrl":"https://doi.org/10.21638/spbu14.2023.117","url":null,"abstract":"Juvenile delinquency is one of the most difficult problems of modern society. These persons, being socially active, perceive both positive and negative features of not only peers, but also older persons. Cases when from an early age a person is in a dysfunctional family environment, because the socio-negative factors affecting him are magnified. Every crime committed by a person under the age of 18 has many causes from a criminological point of view. However, a key role is given to the family, since the negative impact on the character and behavior is carried out from the earliest childhood. Among the negative factors that directly affect the commission of a crime by a minor, we can primarily include the general family atmosphere, if it has a destructive effect on the psyche of the child. This is manifested in the illegal behavior of adults, lack of spiritual family values, unhealthy psychological climate in the family. Family problems create a number of conditions that contribute to the formation of the personality of the juvenile offender. These include: living of a minor in unsanitary conditions; lack of sufficient living space for education and life; insufficient family income, which negatively affects the place of a minor in the society of peers; examples of negative behavior of adult family members (offenses, alcoholism, drug addiction); incorrect relationship between parents and child; the use of violence against minors as an educational measure. Therefore, timely and accurate diagnosis of micro-social causes that form the personality of a juvenile offender and the development of comprehensive preventive measures are required.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"76 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81007347","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":"Non-use of subjective rights in Russian criminal proceedings: Causes and consequences","authors":"Irina N. Chebotareva","doi":"10.21638/spbu14.2023.305","DOIUrl":"https://doi.org/10.21638/spbu14.2023.305","url":null,"abstract":"The modern paradigm of criminal proceedings, which is based on the idea of the primacy of the protection of the individual, necessitates not only endowing the participants in the criminal process with a set of rights that allow them to defend their interests, but also ensuring the proper level of guarantees for the possibility of their implementation. The article examines the social and legal significance of the use of rights by participants in criminal proceedings, highlights and analyzes the possible causes and consequences of non-use. The author comes to the conclusion that the state and society are interested in the active use of their rights by authorized subjects. In criminal proceedings, the need for such an implementation is determined by the expansion of discretion and adversarial principle. As a result of the study, it was found that the non-use of subjective right in criminal proceedings can be both due to the will of the person (there is a waiver of subjective right), and not depend on it and be the result of lawful or unlawful behavior of representatives of public authorities conducting criminal proceedings. The reason for non-realization of a subjective right in a criminal process may also be the improper performance by officials of their duties to ensure that participants can exercise their rights, abuse of power or abuse of power. The article concludes that these reasons cause different social and legal consequences of non-use of subjective rights: both positive and negative.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"160 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":"135312900","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 aspects of liability for Holocaust denial in Russia (through the prism of Roman Yushkov case)","authors":"Ruslan Yu. Shulga","doi":"10.21638/spbu14.2023.303","DOIUrl":"https://doi.org/10.21638/spbu14.2023.303","url":null,"abstract":"The article expounds upon the issue of Holocaust denial and freedom of expression in the context of Roman Yushkov Case, who posted a link on his social network page to the article claiming that the number of victims of the Holocaust is greatly exaggerated and well below six million. Roman Yushkov’s was charged under Art. 281 Part 1 and Art. 3541 Part 1 of the Russian Criminal Code. A Jury acquitted him, having considered the arguments provided by the defence about Yushkov’s intentions only to stimulate a public debate about the number of the Holocaust victims by his publications. The Supreme Court upheld this decision. In this paper will examine the history and development of Holocaust denial, will examine Holocaust and other genocides laws globally. The author describe how the trend of the revisionism. Revisionism is an academic approach that recognizes that traditional narratives of history may not be entirely accurate and should be reviewed and revised as new information comes to the surface. At the national level have enacted a variety of laws, ranging the criminalize Holocaust denial and other genocides, Nazi ideology promoted through speech, symbols or public association or can be used to prosecute individuals who deny the Holocaust. These laws are intended to prevent the return any public reemergence of Nazi views. There are now essentially four types of regimes in this domain, in terms of scope of the offence of genocide denial. Most nations of the European Union (as well as Israel and Russian Federation) criminalize Holocaust denial. Despite the threat of criminal prosecution, however, Holocaust denial have taken on a cult-like following of their own on the internet. The article concludes about the contradictory of Russian law enforcement practice, Russian judicial system drawbacks, as well the system preparation of representatives of the legal profession.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"25 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":"135313200","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 framework, limits and standards for the application of the right to be forgotten: The experience of the European Union","authors":"Tigran D. Oganesian","doi":"10.21638/spbu14.2023.312","DOIUrl":"https://doi.org/10.21638/spbu14.2023.312","url":null,"abstract":"The right to be forgotten is the right of individuals to exclude, restrict or delete links and personal information on the Internet. The article focuses on the legal basis of the realization of the right to be forgotten. In this regard, the provisions of the previously existing Directive 95/46/ EC, the new EU data protection regulation, as well as the case law of the EU Court of Justice are analyzed. It is noted that despite the fact that the Directive did not directly provide for this right, nevertheless, its provisions allowed the EU Court to derive the right to be forgotten through an evolutionary interpretation. The author analyzes the doctrinal positions according to which the realization of the right to be forgotten can lead to censorship of the Internet. It is noted that if competing rights are not properly balanced, the right to be forgotten can lead to unjustified censorship on the Internet. Particular attention is paid to the legal positions of the EU Court, which in 2014, in a ruling in the Google Spain case, for the first time internationally enshrined the right to be forgotten. The arguments revealing the significance of this resolution for the subsequent realization of this right are given. With regard to extraterritorial application, it is noted that the EU Court of Justice is striving for a global application of the right to be forgotten, allowing member States to adopt more extraterritorial protective mechanisms. It is noted that until a consistent practice is formed, the right to be forgotten will continue to remain an “unpredictable” right. In conclusion, the author points out that only time is an indicator of whether the right to be forgotten can become the most effective way to establish a balance between government agencies, Internet service providers and Internet users.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"124 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":"135317036","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 medicine as an object of civil rights: A concept, attributes and comparison to the foreign approach","authors":"Alexander V. Prepyalov","doi":"10.21638/spbu14.2022.414","DOIUrl":"https://doi.org/10.21638/spbu14.2022.414","url":null,"abstract":"The article addresses the issue of classifying a limited civil circulation thing as a medicine that is defined by a set of attributes including generic ones. After the adoption of the first specialized law — Federal law “On Medicines” N 86-FZ dated 22.06.1998 legal standards for different law branches where medicine is a law object have been formulated. This explains the relevance of this research and its practical applicability in further development of legislative initiatives and regulatory practices. The correctness of medicine definition in the Russian legislation can be determined by the comparison of laws of the leading countries on the international pharmaceutical market — USA, Japan and Germany. Providing a certain degree of succession from German legislation, the term medicine and its attributes as they are defined in the Federal law “On Circulation of Medicines” № 61-FZ dated 12.04.2010 and used herein, in general demonstrate the same approach as in the countries mentioned above, which allows to conclude that the Russian legislation has been developing not independently but rather in the context of previous and ongoing studies of Russian researches and scholars from Anglo-American and Romano-Germanic legal systems. The article addresses controversial issues of drug circulation and challenging practical aspects, namely distinguishing medicines from related by application chemical substances, biologically active additives, medical devices and perfume and beauty products.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"11 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74454794","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":"Impact of digitalization on antitrust regulation and control over economic concentration in the high-tech sector","authors":"M. Egorova, A. Petrov, O. Kozhevina","doi":"10.21638/spbu14.2022.203","DOIUrl":"https://doi.org/10.21638/spbu14.2022.203","url":null,"abstract":"The article discusses topical issues of protection and regulation of competition in the markets in the digital business environment. The authors noted that the systems of regulation and law enforcement should be flexibly combined, harmonized in order to develop adequate measures to stimulate fair competition. From the standpoint of adaptation to Russian practice, the foreign experience of the antimonopoly authorities in terms of regulating online markets, price algorithms, and mergers and acquisitions has been studied. The high-tech sector is particularly dynamic. In this regard, the authors draw attention to the fact that in the digital economy of demand, the processes of monopolization, competition persist, but their content is transformed, which complicates the analysis and assessment of monopolization, dominance, competition. Anticompetitive practices can lead to the dominance of a single platform. The signs of the dominant position of digital platforms are revealed. Based on the regulatory and legal approach, the article summarizes the Russian and foreign experience of qualifying economic concentration and dominant position, identifies negative factors that cause the expansion of regulatory control of antimonopoly authorities over digital platforms. The legal nature of digital platforms, direct and indirect network effects have been studied in detail. It has been proven that algorithms can serve as collusion tools in both horizontal and vertical agreements. From the standpoint of economic research methods, an overview of the assessment of the dominant position of antimonopoly authorities in the digital economy is carried out, it is noted that the preconditions have been created for the formation of a platform economy. The features of the antitrust policy in relation to digital platforms in Russia, the European Union and the United States are considered. It is concluded that antitrust legislation in recent years has become a powerful regulatory tool at the level of different jurisdictions.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87122877","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 humanities on the legal activities of Anatoly Fedorovich Koni","authors":"A. Kodintsev, D. Rybin","doi":"10.21638/spbu14.2022.316","DOIUrl":"https://doi.org/10.21638/spbu14.2022.316","url":null,"abstract":"The study analyzes modern research on the life and work of the outstanding Russian lawyer Anatoly Fedorovich Koni. Koni’s works are considered using modern analytic methods (content analysis, narrative, discursive analysis, etc.). Authors study the narrative of the lawyer (philologists and historians) and his linguistic personality (philologists). Seven dissertations were defended, many books and hundreds of articles were published. Conferences were held regularly. The memory of Koni is celebrated by many lawyers. Authors consider these studies in a chronological order and using comparative analysis. Currently, active “production” of publications on Koni’s work continues. Slightly more than half of publications represent a rewriting of older legal publications; we skip these and consider only those works that have contributed to the study of Koni and his environment. Of these publications, authors limited the review to those works devoted to Koni’s legal and personal life. The study of a vast amount of such work allows to identify the main experts in the field: Z. V. Baishev (philology) and S. A. Domanova (history). Authors were able to fully learn about Koni’s literary gifts, to see his theory of practical ethics, to understand many of the motives for his activities, and to create a psychological portrait, learned much about Koni, his fight against drunkenness and prostitution, relationship with the Soviet authorities, the influence of ethics on modern legal proceedings, Koni’s psychology and psychologism, and his relations with the press. Koni’s epistolary works await further, without which it is impossible to understand the motives of his actions. It is necessary, finally, to reveal his contribution to the philosophy of law.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"10 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81708995","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":"Trends in the use of tactical techniques in the preliminary investigation","authors":"Viacheslav U. Nizamov, I. Egerev","doi":"10.21638/spbu14.2022.104","DOIUrl":"https://doi.org/10.21638/spbu14.2022.104","url":null,"abstract":"This article deals with the implementation of achievements of criminalistic tactics in investigative activities, which find their expression in the developed tactical techniques for the production of certain investigative actions. Tactical techniques have been the subject of research for a long time yet while there is still no single approach to this category. In particular, there is no uniformity in proposed definitions of this concept, criteria for its admissibility, etc. It is noted that in forensic science, a fairly large number of different grounds for classifying tactical techniques have been proposed. One of the most common grounds for dividing tactical techniques is such a feature as the applied type of special sciences that were used in their development. In the classification according to the specified criterion, special attention is paid to tactical and psychological techniques, that is, based on provisions of psychology. Taking into account the fact that a number of tactical and psychological techniques are enshrined in the current criminal procedure legislation, it becomes necessary to develop recommendations that take into account their psychological content. Only if this condition is met will the established goals of criminal proceedings be attainable. The features of the use of tactical and psychological techniques during interrogation, face-to-face confrontation, and presentation for identification are considered. Such features, among other things, are due to the need to ensure the protection of the rights and freedoms of participants in criminal proceedings. Deviations from forensic recommendations are indicated, when the available tactical and psychological techniques remain unrealized due to the applied formal approach.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"42 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81718110","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":"Implementation and protection of human rights on the Internet: Problems of ratio and balance","authors":"I. Ostapovich, A. Nechkin","doi":"10.21638/spbu14.2022.217","DOIUrl":"https://doi.org/10.21638/spbu14.2022.217","url":null,"abstract":"The Constitution of the Russian Federation enshrines one of the important postulates on the formation of the rule of law and civil society: a person and his rights and freedoms are of the highest value. In the modern period of development of information technologies, mankind entered into active communication relations through the global information and telecommunication network Internet, which in turn sharply raised the issue of the need to ensure effective protection of human and civil rights and freedoms in the process of interaction through the Internet, while maintaining a high level of guarantees for the realization of such rights and freedoms, as required by the fundamental international legal acts. The Russian Federation also did not stand aside from the above processes and was forced to take measures to protect the rights and freedoms of its citizens on the Internet, which, however, often boiled down to the introduction of new prohibitions and restrictions on such rights and freedoms. The authors of this article have made an attempt, taking into account the practice of the European Court of Human Rights and the Constitutional Court of the Russian Federation, to indicate the main directions for improving domestic federal legislation, in order to reflect in it the principle of the need to find a balance between the free implementation and protection of human and civil rights and freedoms in information and telecommunication network Internet. So that the actual problems of the realization of human rights and freedoms, due to the peculiarities of their implementation on the Internet, necessarily require the development of the most effective mechanisms for their protection in the new conditions of implementation, and not a complete rejection of the implementation of such rights and freedoms under the pretext of protecting them.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"61 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81111774","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}