Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo最新文献_第8页

The legal and organizational basis of ensuring safety of sports activities in Hungary 确保匈牙利体育活动安全的法律和组织基础

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.311

E. Rakhmanova, M. Tihanyi, Mátyás Szabolcs

{"title":"The legal and organizational basis of ensuring safety of sports activities in Hungary","authors":"E. Rakhmanova, M. Tihanyi, Mátyás Szabolcs","doi":"10.21638/spbu14.2022.311","DOIUrl":"https://doi.org/10.21638/spbu14.2022.311","url":null,"abstract":"Manifestations of hooliganism, vandalism, extremism, and even terrorist acts during sports events are not a new phenomenon in Europe. The safety of sporting events is one of the priorities of any modern state. Moreover, the government is entrusted both with legislative and organizational tasks. Two reasons can be identified, why it is necessary to protect sporting events against violations of public order and attacks on public safety. On the one hand, even when law enforcement agencies professionally use all the legislative instruments at their disposal, an unlawful encroachment may be committed, which may threaten the holding of a sporting event, the safety of the person and property both of athletes and of spectators. On the other hand, the failure to criminalize these actions means that law enforcement agencies are not endowed with sufficient powers to take appropriate measures in such situations. Depending on the violation of public safety or public order, criminal, administrative or disciplinary laws will apply. The difference in the need to apply a law or regulation, as well as to impose sanctions and prohibitions on offenders, can be seen only in the level of protection corresponding to the danger of violations. The safety of sporting events is historically believed to be the primary task of law enforcement agencies, however, the responsibility of sports federations and clubs in ensuring safety in time, before and after the competition should not be overlooked.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"101 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80437884","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: 1

Cryptocurrencies and crypto-assets in the Italian and EU perspective 意大利和欧盟视角下的加密货币和加密资产

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.112

R. Lener

{"title":"Cryptocurrencies and crypto-assets in the Italian and EU perspective","authors":"R. Lener","doi":"10.21638/spbu14.2022.112","DOIUrl":"https://doi.org/10.21638/spbu14.2022.112","url":null,"abstract":"The article provides a first critical exam of the approach taken by EU Regulators and Courts regarding cryptoactivities. The purpose of this analysis is to see if a new European regulation on “encrypted” financial services will really be born. The analysis begins with the definition and regulation of Cryptocurrencies, the best of which are probably found in the opinions of supervisory and regulatory bodies. Italian courts dealing with this difficult subject show uncertainty among assets (beni), money (valuta), and financial products. Today the reflection of both Regulators and Courts is expanding from cryptocurrencies to the wider and even more indefinite area of the so-called crypto-assets. In this regard, the most recent and important element is given by the European Commission Proposal of September 24, 2020, concerning regulation of crypto-asset markets (Regulation on Markets in Crypto-assets, MiCA). The proposed regulation should apply to crypto-asset issuers, as well as to providers of crypto-asset services on the territory of the European Union. Also in this case, the definition of “cryptoasset” is crucial. New rules provide a fairly generic definition as “digital representations of value or rights that can be transferred or stored electronically using distributed ledger or similar technologies”. To obviate the vagueness of the definition, the only possibility seems to be moving by subtraction, i. e., listing a series of “tools” to which the proposed regulation does not apply, even though these may fall, in theory, in the broad definition of “crypto-asset”.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"38 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83603745","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: 1

On the question of the state succession legality 论国家继承合法性问题

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.307

S. Y. Garkusha-Bozhko

{"title":"On the question of the state succession legality","authors":"S. Y. Garkusha-Bozhko","doi":"10.21638/spbu14.2022.307","DOIUrl":"https://doi.org/10.21638/spbu14.2022.307","url":null,"abstract":"On December 10, 2019, the Constitutional Court of the Russian Federation issued Decision № 39-P, and in his opinion, judge Aranovskii described the USSR as an “illegitimately established state” and called for Russia not to be considered the legal successor of the USSR. Thus, judge Aranovskii touched upon the sphere of State succession, the regulation of which is related to international law and not to constitutional law. In particular, Aranovskii raised such problems as the legality of succession. Relevant provisions on legality are also included in existing international treaties on the succession of states, such as the 1978 Vienna Convention on the succession of states in respect to treaties and the 1983 Vienna Convention on the succession of states in respect to state property, state archives, and public debts, as well as Articles on the nationality of natural persons in relation to the succession of states. The issue of the legality of state succession was also highlighted in the second report on the issue of state succession in respect of responsibility for internationally wrongful acts by the International Law Commission Special Rapporteur Pavel Šturma. Research on this issue is important because the provisions on Russia as the legal successor to the USSR were proposed as one of the amendments to the Constitution of the Russian Federation, which will be approved by the Russian people in an all-Russian vote. In order to make a legal assessment of the legality of state succession, it is important to analyse the history of the relevant provisions in existing international treaties, as well as to analyse the relevant international legal practice on this issue. This research will assess the reasonableness of both the opinion of judge Aranovskii and the corresponding amendment to the Constitution of the Russian Federation.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"19 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87788218","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

The impact of foreign economic sanctions on commercial contracts 外国经济制裁对商业合同的影响

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.408

O. Fonotova, M. D. Ukolova

{"title":"The impact of foreign economic sanctions on commercial contracts","authors":"O. Fonotova, M. D. Ukolova","doi":"10.21638/spbu14.2022.408","DOIUrl":"https://doi.org/10.21638/spbu14.2022.408","url":null,"abstract":"Foreign economic sanctions were in the focus of domestic lawyers’ attention for half a dozen years. The new legal regime for persons directly or indirectly involved in sanctioned cross-border commercial activities has been studied in science mainly in the context of public law, and — in the applied aspect — through the prism of compliance procedures. However, no less important is the problem of sanctions regulation in its embodiment in the private law instruments of contract law. The purpose of the study is to summarize and analyze the effectiveness of the accumulated practice of the use of pre-contractual and contractual mechanisms to manage the risks caused by foreign restrictive measures. To achieve the goal, general scientific methods of analysis, synthesis, generalization, as well as the comparative legal method and approaches of economic and empirical analysis of law are used. Following the presentation of the leading approaches of the Russian state courts to the legal qualification of economic sanctions, the most promising options to manage the risks of sanctions for business at the pre-contractual and contractual stages are studied. In line with best business practices, pre-contractual mechanisms of compliance procedures (external and internal compliance) as well as contractual ways to mitigate sanctions risks proved to be the most effective for alleviation of the sanctions burden. Both sets of measures are developed and introduced into the daily routine by business participants themselves. Contractual regulation makes a decisive contribution to reducing the degree of negative legal consequences for business. To effectively manage risk, representatives of the business community use a wide range of contractual provisions: sanctions clauses, force majeure clauses, currency choice clauses, applicable law clauses and arbitration clauses. The success of such contractual initiatives, strengthened by the development of standard forms and terms of commercial contracts, is confirmed by judicial and business practice.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"59 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90414698","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

Methodological basis for criminal procedure researches 刑事诉讼研究的方法论基础

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.103

A. Afanasyev

{"title":"Methodological basis for criminal procedure researches","authors":"A. Afanasyev","doi":"10.21638/spbu14.2022.103","DOIUrl":"https://doi.org/10.21638/spbu14.2022.103","url":null,"abstract":"Modern criminal procedure science contains many outstanding issues, both theoretical and methodological. To date, the methodology of criminal procedure research, and in general the whole of criminal procedure science, remains unrecognized. Most procedural scientists have little focus in research, both in the object and subject of the study, and in the methodological basis. The main difficulties are caused by incorrect understanding of the methodology of the study. The existing in the field work of criminal procedure confirms not only the narrow approach in the understanding of methodology, but also the error in the interpretation and application of scientific knowledge methods. This situation is mainly based on the lack of formalization of methods of criminal procedure science and limited intra-scientific reflection. In this regard, it is necessary to reassess established methodological values and traditions and to offer a reasoned view of the methodology of criminal procedure science. The article provides an idea of the methodology of science and undertakes a critical analysis of the methodological basis of research in criminal procedure science. As a result of the audit, the author’s proposals are formulated on the universal scheme of methodology and system of methods of criminal procedure study, as well as the logical stages of criminal procedure study. The author concludes that it is necessary to understand methodology as a way to obtain scientific knowledge, as a result of intrascientific reflection on the organization of their own scientific activities, the universality of popular and private scientific methods of research and their replenishment by criminal procedure science. In addition, the conclusion is made on the scientific nature of the criminal procedure field of knowledge. The proposals in the article may form the basis of further developments in the field of criminal proceedings and may also serve as recommendations in the formulation of the methodological basis for research.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"38 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89971868","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

Implication and development of the legal system of the pilot free trade zones with Chinese characteristics 中国特色自由贸易试验区法律制度的启示与发展

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.304

Xiaohong Liu, Zhengyi Zhang, Nanhui Gong

{"title":"Implication and development of the legal system of the pilot free trade zones with Chinese characteristics","authors":"Xiaohong Liu, Zhengyi Zhang, Nanhui Gong","doi":"10.21638/spbu14.2022.304","DOIUrl":"https://doi.org/10.21638/spbu14.2022.304","url":null,"abstract":"Ever since its birth, the legal system of the Pilot Free Trade Zones with Chinese characteristics has face a relatively severe external environment and realistic internal motivation. Through the exploration of institutionalizing authorized legislation, the legal system of the Pilot Free Trade Zones has formed a multi-level normative system. Five areas represented by investment system reform, trade facilitation, financial reform, administration, and dispute settlement mechanisms constitute the core contents of the legal innovation of Pilot Free Trade Zones with Chinese characteristics. The legal system of the zones is a top-level design of China’s response to the complicated international background, the inevitable requirement to promote institution-based opening-up, the centralized embodiment of high standard economic and trade rules, the inevitable way to improve social and global governance, and the experimental field to promote the practice and innovation of the rule of law reform. With the upgrade and expansion of Pilot Free Trade Zones, the establishment of Hainan Free Trade Port, the zones face corresponding challenges of capacity upgrade, replication and promotion, and pilot acceleration, which need to further expand the function of integrated innovation, in line with the international economic and trade standards, to promote deepening reform and achieve high quality development. The rule of law construction in China’s pilot free trade zones should adhere to the combination of the positioning of the rule of law and problem orientation, further clarify the positioning of the rule of law in the pilot free trade zones under the conditions of high-level opening up, and strengthen the state’s top-level design for the legislation of the pilot zones across the country. Focus on the implementation and promotion of the rule of law construction in China’s pilot free trade zones.","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":"87120720","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

Models of «impersonal» management of commercial corporations: legal aspects 商业公司“非个人”管理模式:法律方面

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.206

V. Laptev

{"title":"Models of «impersonal» management of commercial corporations: legal aspects","authors":"V. Laptev","doi":"10.21638/spbu14.2022.206","DOIUrl":"https://doi.org/10.21638/spbu14.2022.206","url":null,"abstract":"Traditional management models of commercial corporations involve the distribution of authorized capital among specific members of the corporation. This state of affairs makes it possible to establish a system of corporate control, the scope of the rights of each member of the corporation, and also to consider commercial corporations as a whole as an association of capital and (or) an association of persons. This article explores models of corporate governance in which a member of the corporation is not formally known or is completely absent. This study is not limited to the legal assessment of beneficial ownership of a corporation. A legal assessment is given of possible models of corporate governance that do not allow, both legally and actually, to truly establish the owner of the business. The bases for classification of models of impersonal management of a corporation are highlighted. Modern domestic corporate and judicial practice on the issue of using the model of “impersonal” management of a corporation is given. The possibility of identifying the deliberate use of the considered management model in the formation of the supreme body of the corporation, as well as the abuse of corporate rights in relation to the rights and legitimate interests of other members of the corporation and third parties (for example, creditors or government bodies) is being studied. The variability of the model of impersonal management of commercial corporations is revealed; the legal consequences of the application of this management model are determined; Ways of solving the issue of bringing liable persons to responsibility are proposed. Mechanisms for detecting the impersonal management of a corporation are proposed, including through the use of digital technologies. Criteria that determine the unfair use of this management model are analyzed. In the study, new approaches have been formed to identify the model of impersonal management of corporations by the courts and prevent their use.","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":"72734138","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

“Regulatory guillotine” in education: Issues of legal regulation and implementation practice 教育中的“监管断头台”:法律监管问题与实施实践

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.202

Vladimir V. Nasonkin, N. Putilo

{"title":"“Regulatory guillotine” in education: Issues of legal regulation and implementation practice","authors":"Vladimir V. Nasonkin, N. Putilo","doi":"10.21638/spbu14.2022.202","DOIUrl":"https://doi.org/10.21638/spbu14.2022.202","url":null,"abstract":"In the Russian Federation, as in all developed countries, reforming the activities of the political machine is a permanent process, where every phase has the emphasis on the most topical issues. If the administrative reform of 2004 solved the problem of structuring the system of executive authorities, then the reform of control supervision activity, which is currently ongoing, aims to revise the system of requirements for the main types of economic activity, reduce administrative barriers and other obstacles faced by individuals, who carried out such activity. Educational activity, as a single process of training and education, is one of the most important types of economic activity, and cannot keep out of the designated reforms. This article analyzes the practice of implementing reforms of control supervision activity, the provisions of the “regulatory guillotine” related to the education system. Attention is focused on such issues as mandatory requirements and mandatory requirements in education, systematization of legislation and the abolition of acts containing outdated norms and excess requirements. The concept of a system of mandatory requirements in educational activities is proposed, based on the basic principles of the reform of control supervision activity and the model of risks inherent in the education system. The conclusions mentioned in the article were prepared on the basis of changes in the legal regulation in the field of education over a period of two years (from 1 January 2020 to 1 January 2022).","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"21 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74434699","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

United States policy and legislation on the exploration of natural resources of celestial bodies (international legal aspects) 美国关于探索天体自然资源的政策和立法(国际法律方面)

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.109

A. Abashidze, I. Chernykh

{"title":"United States policy and legislation on the exploration of natural resources of celestial bodies (international legal aspects)","authors":"A. Abashidze, I. Chernykh","doi":"10.21638/spbu14.2022.109","DOIUrl":"https://doi.org/10.21638/spbu14.2022.109","url":null,"abstract":"The present article attempts to integrate and comprehensively analyze the main stages in the formation and development of the U. S. policy and legislation on the use of outer space, including the Moon and other celestial bodies. In connection with recent announcements — the new lunar space program “Artemis” launched by NASA in May 2019, negotiations on bilateral “Artemis Accords” with potential partners in May 2020 (concluded by the U. S. with several states in October 2020), and Donald Trump’s Executive Order on Encouraging International Support for the Recovery and Use of Space Resources — the article focuses on U. S. policy and legislation in the light of the principles and norms enshrined in the following space treaties: the Outer Space Treaty, 1967 (main space treaty), and the Moon Agreement, 1979. The authors, using historical-legal, formal-legal, and comparative legal methods, show the changing position of the U. S. taken by their delegation during the drafting of the aforementioned international treaties, and the U. S. authorities’’ constant adjustment of their national policy and legislation on the exploration of space and its natural resources. To clarify the initial U. S. Position on key aspects, the authors refer to the travaux preparatoires of both the Outer Space Treaty, 1967, and “uncertainty” (according to the U. S. authorities, which had been the active drafter at the time) of the Moon Agreement, 1979. Condensed opinions of leading space experts and famous researchers on international space law are submitted in the article resulting for the authors in: U. S. pursue destructive policy aiming at undermining enshrined in the Outer Space Treaty, 1967, fundamental basis of international space law.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"89 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86221648","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: 2

The legal nature making amends and compensation for the damage caused by the crime under Russian and German law 俄德两国法律对犯罪损害赔偿的法律性质

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Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo Pub Date : 2022-01-01 DOI: 10.21638/spbu14.2022.212

Ia.M. Ploshkina

{"title":"The legal nature making amends and compensation for the damage caused by the crime under Russian and German law","authors":"Ia.M. Ploshkina","doi":"10.21638/spbu14.2022.212","DOIUrl":"https://doi.org/10.21638/spbu14.2022.212","url":null,"abstract":"The article examines the legal nature of complex intersectoral legal institutions for making amends and compensating for the damage caused by a crime under Russian and German law and reveals their content. The author’s definition of a complex intersectoral institution is given, and an algorithm for solving in case of a conflict of legal norms of various branches of law is proposed. Making amends for the damage caused by a crime, being the broadest form of voluntary compensation for harm in Russian law, is considered in comparison with a similar German legal institution — compensation for the damage caused to the victim by a person who has committed a criminal offense, which is also a form of voluntary compensation for harm. Both institutions contribute to the voluntary resolution of a criminal-legal conflict resulting from the commission of a criminal offense, and allow taking into account the real needs of the victim. Despite the presence of common principles in Russian and German criminal processes: both belong to the Romano-Germanic (continental) legal family, are based on the principle of legality, the functioning of such institutions as amending and compensation for the damage caused by a crime testifies to different models of justice in Russian and German criminal proceedings. Legal regulation and the construction of making amends for the damage caused by a crime reflect the general punitive direction of the Russian criminal proceedings. At the same time, legal regulation and the established practice of applying compensation for damage caused to the victim mean the introduction of the principle of expediency and an element of restorative justice into the German criminal process. Taking into account the German experience of compensation for the damage, proposals were made to improve the Russian institution of making amends for the damage caused by a crime.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"44 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85080581","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