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

{"title":"Regulation of the use of big data in the Republic of Korea and Russia","authors":"Anna E. Dolzhikova, B. R. Sembekova, Melikşah Yasin","doi":"10.21638/spbu14.2022.114","DOIUrl":"https://doi.org/10.21638/spbu14.2022.114","url":null,"abstract":"Modern innovations driven by big data processing technologies are increasingly in conflict with international principles for protecting personal information and call into question the effectiveness and adequacy of existing legal mechanisms for protecting confidentiality of personal information. The relevance of the problem under study is due to the insufficient development of theoretical and methodological aspects of legal regulation of big data in the Russian Federation and the need to implement positive foreign experiences for building a mechanism for legal regulation of this institution. The purpose of the essay is to study the positive experience of legal regulation of the use of big data in the Republic of Korea for its implementation in Russian legislation. The leading method for studying this problem is a comparative legal one, which allows the authors to formulate proposals for improving domestic legislation. The study led to the following conclusion. The main area for improvement the legal regulation of the processes of using big data are: the right of users to access their data and check the activities of companies with them, the right to stop using and further delete data, the right to change data, the right to data portability. The study revealed that the Korean experience shows the need to expand the processing and use of personal data, which in turn contributes to the wider use of big data. The study will allow, based on foreign experience, to create an effective Russian system of legal regulation of big data. The novelty and originality of the study lies in the fact that it was the first to study the experience of the legislator of the Republic of Korea in this area.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"41 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86228270","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":"Official information on sulfur dioxide emissions and its assessment using satellite remote sensing data","authors":"Pavel Syomin","doi":"10.21638/spbu14.2022.417","DOIUrl":"https://doi.org/10.21638/spbu14.2022.417","url":null,"abstract":"The purpose of the study is to assess the openness, availability and reliability of official information on sulfur dioxide emissions from 31 of the largest point anthropogenic sources located in Russia. For the assessment, a comparison was made of the amounts of emissions according to official reporting and remote sensing data. The set of reported data was formed using information from websites of Federal State Statistic Service and of Federal Service for Supervision of Natural Resources, as well as those contained in state reports on the ecological situation and on environmental protection or in public non-financial statements of large companies. Remote sensing dataset was downloaded from NASA Global Sulfur Dioxide Monitoring project website. Data comparison was carried out using statistical analysis methods. It is found that remote sensing data can be considered a standard of information openness and availability, while reported data is incomplete and requires significant efforts to collect. For the emissions up to 50 000 tons per year, the differences between the reported and remote sensing data can be explained solely by the uncertainty of satellite measures. With a larger amount, however, the remote sensing values are in general larger than reported ones, which may indicate imperfect systems of emission control from stationary sources, the presence of many unaccounted sources, or deliberate distortion of environmental information. Emission catalogues from satellite data can become an alternative and supplement to official reporting, as well as be used for control and surveillance activities and bringing to legal responsibility. Topical issues are publishing official environmental information in a form of open data, the development of mechanisms for public non-financial reporting of large companies, the study of the links between information transparency and reliability of the information, as well as the peculiarities of the formation of official reporting about environmental impact.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"47 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86369098","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":"Prosecutor’s participation in civil and administrative proceedings in defense of public interests in the China","authors":"Shaoxue Jia, Yao Li","doi":"10.21638/spbu14.2022.111","DOIUrl":"https://doi.org/10.21638/spbu14.2022.111","url":null,"abstract":"With the rapid development of the economy, violations of public interest, such as environmental pollution, and food and drug safety issues, are increasingly occurring, resulting in the violation of personal rights and enormous losses of property assets for a large number of people. At present, citizens or relevant public organizations are unable to take legal action affecting the public interest to resolve problems, so it is necessary to rely on the prosecution authorities to protect public order and the public interest through the exercise of their prosecutorial powers. The implementation of relevant legislation by prosecutors has achieved considerable results in favor of the protection of public interests, but problems have accordingly arisen in both civil and administrative proceedings for the protection of public interests brought by prosecution authorities. One set of problems is the limitation only to areas of cases specified in law, making the range of cases is narrow; the implementation of prosecutorial supervision leading to difficulties in proving damage to the public interest; and prosecutors’ lack of professional knowledge. The article presents and analyzes the legal framework for prosecutors’ involvement in public interest litigation in China and reveals the causes of the fundamental problems; and suggests ways to improve the current legislation and ways to solve the problems arising by using a modern intelligent judicial system and with the help of relevant administrative authorities in the field of environment and environmental protection, natural resources, food and medicine, consumer protection, and so on.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"112 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85876002","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":"Rights of convicted person in forced feeding: national and international approaches","authors":"I. Davydova, I. N. Korobova, A. Siryakov","doi":"10.21638/spbu14.2022.108","DOIUrl":"https://doi.org/10.21638/spbu14.2022.108","url":null,"abstract":"A common form of prison protests is the hunger strike. There is often a conflict between the rights of the person who refuses to eat and the obligation of the penal system to ensure the health and life of the convicted person by artificial feeding in such situations. International legal standards require medical professionals to respect the patient’s autonomy. Informed consent to medical care must be obtained prior to medical intervention. In emergency circumstances, when a person’s life or health is threatened, the doctor must act in accordance with his understanding of the patient’s interests. Artificial feeding should be carried out by appropriate means, as provided for in the General rules on medical care, and should never cause harm or humiliation. There are no detailed rules on artificial feeding in Russian legislation. In order to improve the procedure for applying forced nutrition to convicts, it is advisable to divide it into four stages, each of which has its own borders and a certain area of legal relations: making a decision to transfer the convict to a separate room; conducting basic verification actions; force-feeding the convict; taking measures for refusing to eat and committing other violations. The example of Spain clearly demonstrates how the lack of clear legal regulations led to the resolution of the issue of artificial feeding at the level of the constitutional court. The court noted that convicts who refuse to eat do not have the right to die, and not the prison administration imposed a duty to preserve health and life. At the same time, artificial feeding cannot be considered as a violation of physical and moral integrity, much less as torture, inhuman or degrading treatment.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"20 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75502517","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 liability for offenses related to inducement to suicide: Domestic and foreign experience","authors":"Maria V. Talan, A. E. Shalagin, Almaz D. Idiyatullov","doi":"10.21638/spbu14.2022.415","DOIUrl":"https://doi.org/10.21638/spbu14.2022.415","url":null,"abstract":"In this work, a team of authors tried to analyze the current state of legal regulation of acts related to suicide under Russian and foreign criminal legislation. For this, historical, comparative legal, comparative and systemic-structural methods were used. The study reflects the evolution of beliefs about suicide. It is noted that the legislation of more than 160 countries contains provisions on liability for criminal involvement in the suicide of another person. More than 38 legal systems do not mention suicide as a criminal institution. Particular attention is paid to five groups of crimes associated with suicide. The first group includes responsibility for attempted suicide, which is punishable in more than 24 countries around the world. The following contains a wide list of acts related to the inducement of suicidal behavior in the form of: driving to suicide or attempted suicide, inducement to commit suicide (incitement) or assistance in committing it (assistance, aiding, advice, consultation). The third group is made up of norms that consider these acts as one of the types of murder or incitement to it. The fourth group contains corpus delicti with responsibility for disseminating information about methods of committing suicide, promoting suicide and public calls for its implementation. The last group contains privileged compounds with responsibility for euthanasia. The article reveals the features of new types of criminal activity carried out by spreading suicidal ideology on the Internet, persuading children and adolescents to commit suicide by negative information impact and drawing them into computer games that pose a threat to life and health. The article reflects the relationship of suicide with cyberbullying, cyber-harassment, as well as with the illegal activities of destructive criminal organizations (sects), extremism and terrorism. The necessity of further improvement of criminal law mechanisms for protecting individuals from criminal encroachments and anti-suicidal measures is substantiated.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"15 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78270418","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":"First judgment of the Special Tribunal for Lebanon","authors":"I. S. Marusin","doi":"10.21638/spbu14.2022.308","DOIUrl":"https://doi.org/10.21638/spbu14.2022.308","url":null,"abstract":"The article analyzes legal documents of the Special Tribunal for Lebanon, established by a United Nations Security Council Resolution in 2007 for investigating the former prime minister of Lebanon, Rafiq Hariri, in Beirut in 2005. This article examines the legal status of the Special Tribunal, its jurisdiction, and its structure. The Tribunal was established according to an agreement between United Nations and the government of the Lebanese Republic, and later adopted by the UN Security Council. Jurisdiction of the Tribunal covers territory of all UN member-states. Main attention is paid to the first Judgment, delivered by the Trial Chamber of the Tribunal in August 2020, according to which three of the accused were acquitted and one — Jamal Salem Ayyash — was condemned. The article analyzes evidence used by the Trial Chamber, in the first place utilization of data of mobile telephones, as a basis for judgment. Jamal Salem Ayyash was convicted on a basis of his identification as a user of a mobile telephone, which according to experts was used by a person who took part in the murder of Rafiq Hariri. The article also considers the political meaning of the Judgment. The Trial Chamber did not find any evidence of the involvement of the Syria government and Hezbollah leadership in the murder of Rafiq Hariri. The author points out the reasons that prevent the Tribunal from achieving better results. The most important reason is restriction of the jurisdiction of the Tribunal to only one crime and not paying attention to other political crimes committed in Lebanon in the precedent years.","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":"80503987","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":"Criminal protection of women’s rights in India: History and modernity","authors":"N. Krasheninnikova, E. Trikoz","doi":"10.21638/spbu14.2022.113","DOIUrl":"https://doi.org/10.21638/spbu14.2022.113","url":null,"abstract":"In the unique criminal law model of India, a hybrid combination of principles and institutions of the three legal systems, one of the most odious crimes involves encroaching on the honor, dignity, and sexual integrity of a woman. The authors aim to analyze the criminological principles of the scale and simultaneous latency of violent sexual crimes in India. Cultural and civilizational incentives for the prevalence of rape have been identified, including the historical practice of male polygamy, early child marriage, subordination of a woman in the family, her domestic retreat and “eternal widowhood”, as well as a “gender imbalance” and girls’ infanticide in traditional Hindu families. From the point of view of the systematics of crimes, Indian criminologists distinguish more than ten different categories of “feminine torts”, including sexual assault, are classified as a group of “crimes of passion” (Articles 354, 375–376, 509 of the Indian Penal Code 1860). From the point of view of elemental composition of rape, the objective test is dominant (peno-vaginal penetration) and consists of six alternative conditions of a constitutive element “women’s consent”. The recent innovations in the IPC 1860, which expanded the definition of rape and legalized the concept of “custodial rape” from the judicial practice (Tukaram v. State of Muharashtra 1978), as a special composition of sexual violence using official position. There is a significant expansion of the legislative definition of “violence against women” in the family and at office, as well as the toughening of punishments for violent acts against women, up to the expansion of the grounds for the use of the death penalty.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"6 17 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78506966","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":"Fulfillment of inquiry on extradition of persons for solving criminal case of execution of sentence on the example of post-Soviet countries","authors":"Parviz S. Abdullozoda","doi":"10.21638/spbu14.2022.313","DOIUrl":"https://doi.org/10.21638/spbu14.2022.313","url":null,"abstract":"The article deals with topical issues related to executing requests for extraditing a person for the resolution of a criminal case or the execution of a sentence, and analyzes norms of international legal acts and national legislation in post-Soviet countries. The lack of uniformity across post-Soviet countries on this issue is noted, since each post-Soviet country has its own characteristics. Carrying out an extradition is not only one procedural action; it consists of several procedural actions aimed at the actual transfer of the person. This article examines proceedings for the extradition of a person to a foreign state, which traditionally begins with the detention of that person on the international wanted list, a notification to a foreign state about the detention of that person on the international wanted list, and a request to send a request for extradition of that person, the receipt of that request for extradition, and verification of compliance with the request against norms of national legislation and norms of international treaties. Also involves are resolving the extradition of a person to a foreign state with a possible appeal against this decision, organizing a case regarding the actual transfer of a person. The author concludes that there are difficulties executing an extradition request that subsequently leads to non-execution of the request, and delay or refusal to extradite. In this process, the worst result is to import rules on the refusal of extradition without a reasonable assumption and justification for different purposes. In any case, the refusal to extradite people without a substantial reason will not lead to a good outcome: distrust of states can become the basis for damaged relations and non-extraditable persons. Ideas are proposed for improving criminal procedural legislation and law enforcement practice in this area, as well as the effectiveness of actions aimed at resolving this issue.","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":"87591771","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 notion of voluntariness in the notes to Articles 291 and 291(1) of the Criminal Code of the Russian Federation","authors":"Viacheslav P. Bogdanov, I. Bogdanova","doi":"10.21638/spbu14.2022.404","DOIUrl":"https://doi.org/10.21638/spbu14.2022.404","url":null,"abstract":"The article analyzes the notion of voluntariness used by the legislator in the notes to Art. 291 of the Criminal Code of the Russian Federation “Giving a bribe” and Art. 2911 of the Criminal Code of the Russian Federation “Mediation in bribery”. The use of this category in the practice of law enforcement agencies is not uniform, as evidenced by the extensive jurisprudence analyzed in the article. The main problem lies in the contradictory assessment of the fact that the accused is aware of the fact that the preliminary investigation authorities are aware of his participation in bribery or mediation in bribery. In most cases the courts ignore this circumstance and attach legal significance not to the awareness of the accused himself, but to the awareness of the preliminary investigation bodies that a person has committed a crime. As a result, having established that the subject was exposed as a result of operational-search and (or) investigative measures, regardless of whether he knows about this fact, the courts refuse to apply the notes to Art. 291 and 2911 of the Criminal Code. According to the authors, when assessing the voluntariness of a person’s message about the commission of a crime, two interrelated, but not identical circumstances should be assessed: a volitional criterion that characterizes the desire and will of the subject, and an intellectual criterion that determines the person’s ability to be aware of what is happening to him. The article states that the communication by a person about a crime committed to a body that has the right to initiate a criminal case will be voluntary if the person does so of his own free will and believes that the authority does not know about his participation in the crime, even if in reality it is not so.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"2 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73086391","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":"Modification or termination of contracts due to international economic sanctions from the standpoint of Russian legislation and court practice","authors":"Anastasia I. Goriacheva","doi":"10.21638/spbu14.2022.403","DOIUrl":"https://doi.org/10.21638/spbu14.2022.403","url":null,"abstract":"In this article the author covers the problem of possible modification or termination of contracts due to international economic sanctions, in particular the US and EU sanctions against Russia. The author analyses relevant legislative acts, approaches of governmental authorities and court practice on this matter. This extensive analysis includes overview of development of main legal doctrines and institutions, related to the subject matter of this article. Moreover, it covers definitions of the relevant terms. This article is mainly aimed at defining a list of criteria to rely on when determining the possibility to modify or terminate a contract due to international economic sanctions in each particular case. The author raises the hypothesis that possibility to modify or terminate a contract due to international economic sanctions is subject to a closed list of criteria. The subject matter of this article is important since sanctions are now one of the main instruments of political influence in interstate relations and have a significant impact on all types of contractual relationships. Today, a major and common challenge faced by market participants is the inability to enforce contracts the way they were originally entered into. Due to the fact that in Russia it is rare for contracts to be amended or terminated due to newly imposed sanctions, parties do not always find themselves in a position to enforce a contract in a timely manner or to perform at all. As a result, the stability of the business environment is disrupted and the level of trust is reduced. Thus, it is highly important to perform a thorough analysis of this matter and provide possible solutions for market participants.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"5 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73164708","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}