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

{"title":"Concept and special features of proving in notarial activities","authors":"Ekaterina V. Pogosyan","doi":"10.21638/spbu14.2022.107","DOIUrl":"https://doi.org/10.21638/spbu14.2022.107","url":null,"abstract":"The article examines some problems related to proof in notarial activities and substantiates the relevance of those provisions of legislation for strengthening the role of the notary in the process of proof by introducing categories of limits and standards in notarial activities. The establishment of limits of notarial proof increases the meaning of certain clauses of the agreement (what exactly was checked and proved by the notary) and serves as the basis for an adequate solution to the issue of evidentiary value of the notarial deed, reflecting the results of the explanatory and verification activities of the notary. In the subject of proof in notarial proceedings, it is proposed to include documents, information, and statements containing information on the presence or absence of certain facts of legal significance necessary for the performance of a notarial act. Examining certain provisions of notary legislation, the author concludes that there exists a presumption in the notarial process that should be understood as provisions according to which a particular fact is considered unproven if a significant violation of the notarial form is committed. Based on examples from judicial and notarial practice, it is concluded that the main task of legal regulation of the procedure of notarial proof is to create conditions for a comprehensive establishment by a notary of the circumstances that took place in the relationship between the parties to notarial proceedings in order to eliminate subjective factors associated with the peculiarities of perception of the same type of legal relationship by subjects with different levels of psychological perception.","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":"78322317","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":"Private pensions funds in North Macedonia and Russia","authors":"Marija Ampovska, E. Kilinkarova, Kristina Misheva, Fatima K. Nogaylieva, M. D. Polenchuk","doi":"10.21638/spbu14.2022.309","DOIUrl":"https://doi.org/10.21638/spbu14.2022.309","url":null,"abstract":"The article focuses on the reform of the pension systems in North Macedonia and Russia, which resulted in switch from one-pillar to multi-pillar pension systems, and current legal and institutional architecture in both legal systems with emphasis on private pension funds which are widely recognized as the core drivers for the improvement of the living standards of retirees. The article starts with the general overview of Macedonian and Russian pension systems which provides the necessary background for understanding of the legal regime of private pension funds. The general overview of the pension systems is followed by the detailed analysis of the legal status of private pension funds in both countries, with more attention being paid to the experience of North Macedonia where private pension funds play a more important role in the pension system. In Russia private pension funds have shown their positive effect, but their coverage in general is still moderate. The overview of general rules of taxation of contributions to private pension funds and pensions concludes the article. The comparative research allowed to make the conclusion that both countries have made different progress in moving to a three-pillar pension system especially from the viewpoint of the established legal and institutional framework, and the establishment and operation of the private funds, both mandatory and voluntary.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"31 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89607888","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":"Ensuring ideological security in places of deprivation of liberty","authors":"Tatiana I. Egorova","doi":"10.21638/spbu14.2022.303","DOIUrl":"https://doi.org/10.21638/spbu14.2022.303","url":null,"abstract":"This article analyzes law enforcement and law-making aspects of the security of convicts serving sentences in places of deprivation of liberty. Main attention is paid to issues of preserving traditional spiritual and moral values in the process of punishment, and achieving correction of convicts in terms of forming respect for the rules and traditions of human community. The importance of recognizing human dignity for determining the directions of development of the rule of law and the formation of law-abiding behavior of convicts is noted. The problems of the influence of criminal ideology on the process of serving a sentence, and the acceptance of Nazi paraphernalia and symbols, are analyzed in particular. Based on the study of trends in law enforcement and legal interpretation, an assessment of the validity of the introduction of criminal liability for public justification or propaganda of extremism was carried out. A discursive analysis of the spread of criminal extremist ideology in places of detention reflects two main dangers: the unspoken stratification and caste system among convicts is aggravated, which is often difficult to overcome in the process of re-socialization;, and secular culture absorbs criminal traditions almost unhindered, taking and “being infected” with markers of prison subcultures. The expansion of criminal responsibility in the sphere of countering the spread of the ideology of extremism associated with threats to state and public security, human life and health, public order and the well-being of citizens is seen as a promising direction of the legislative process.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"110 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79157744","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 The comparative analysis of the law of evidence in civil proceedings in France and Russia","authors":"E. Nakhova","doi":"10.21638/spbu14.2022.115","DOIUrl":"https://doi.org/10.21638/spbu14.2022.115","url":null,"abstract":"The article deals with the problems of the legal nature and legislative consolidation of norms of evidentiary law in France and Russia. The author claims that it is more optimal to consolidate norms of proof and evidence in evidentiary law of Russia. At the same time, Russian theory of evidence needs radical reform. The legal approach to the concept of proof in legislation of Russia and France is differentiated. In French evidentiary law, the ranking of evidence is legally fixed, which cannot be recognized as dignity. However, legal norms regarding some means of proof are sufficiently developed. The means of proof, which are outdated as legislation and judicial practice, are still fixed. At the same time, the legal regulation of electronic evidence has been sufficiently developed, which can be recognized as an advantage of French evidentiary law. Russian evidentiary law does not provide for legal regulation of electronic evidence as an independent means of proof. The following areas of improvement of Russian evidentiary law are highlighted: improvement of the theory of proof, optimization and unification of the legal regulation of the rules of evidence, reception of effective means of regulation from the evidentiary law of foreign countries, and detailed legal regulation of individual means of proof.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"37 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88301515","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":"Experiencing history as a factor of self-identification of states and peoples of the post-Soviet space: Legal dimension","authors":"Aleksandra A. Dorskaia, Andrei Y. Dorskii","doi":"10.21638/spbu14.2022.214","DOIUrl":"https://doi.org/10.21638/spbu14.2022.214","url":null,"abstract":"For Armenia, Belarus, Estonia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, the Russian Federation, Ukraine, and Uzbekistan, the basic forms of self-identification of states are described: the declaration of an official position on the assessment of historical events; the adoption of memorial laws, by which criminal liability can be established for expressing a position on facts of the past that does not correspond to the state’s position; and a policy for awards based on positive examples in the history of the country. Based on normative legal acts, officially adopted concepts and strategies, as well as a review of literature, this article identifies such models of official remembrance policy that have developed in the post-Soviet space as the defense of historical truth and historical memory, the requirement to recognize crimes committed in the past, the denial of the positive aspects of a particular stage of history, the search for state and social identity in the distant past, and its mythologization. The causes for mainstreaming history at the present stage and reflection of this process in the complex relationship of history and memory are considered. The stages of updating historical knowledge for states and peoples of the post-Soviet space are highlighted. Features of the award policy, various concepts underlying the award systems in the former republics of the Soviet Union, as well as general historical assessments of specific events and personalities are shown, even in the face of divergence of the official remembrance policy. The authors make conclusions about the adequate strategy leading to long-term results, aimed at joint experiencing the traumatic events of the past by the states and peoples, drawing lessons from them and determining ways to further development without creating an image of the enemy.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"49 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85804436","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":"Brexatom and its legal consequences","authors":"Y. Lebedeva","doi":"10.21638/spbu14.2022.410","DOIUrl":"https://doi.org/10.21638/spbu14.2022.410","url":null,"abstract":"The article provides information about the legal consequences of Brexatom after the entry into force on January 1, 2021 of the Agreement between the government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for cooperation on the safe and peaceful uses of nuclear energy. After the signing of the international agreement, a new stage of relations began for the Euratom and the UK, based on the provisions of international law and the IAEA’s “soft law” norms; although the peculiarity is that, the Parties recognized the four freedoms of internal nuclear common market of the EU. At the same time, the norms of English case law and EU law also formed the basis of bilateral relations between the UK and Euratom. Settling topical legal issues such as export controls, physical protection, nuclear safety, nuclear safeguards, enrichment, reprocessing, trade, procurement of equipment and devices, supply of nuclear material, nuclear transfers, the Euratom and the UK laid the basis law for further bilateral cooperation on nuclear research and development, exchange of information and technical expertise on matters within peaceful uses of nuclear energy. However, the UK maintains its participation in a number of European programs and projects. The European Commission and the Euratom began to rebuild the legal system for the supply of nuclear materials and to make changes to the work of the European nuclear fuel cycle. Further development of relations between the Great Britain and the Euratom will depend on London’s position and interests in the world nuclear market. If there is a clash of British interests for the European nuclear market with the companies of France, the USA, China and Russia, then this will lead to the legal regulation of bilateral relations between England and Euratom only based on international 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":"91193101","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":"Investigative errors in the preparation of the interrogation protocol and their use by the defense","authors":"Aleksandr I. Baianov, A. Nazarov, Nataliia A. Sidorova, Nikolai G. Stoyko","doi":"10.21638/spbu14.2022.406","DOIUrl":"https://doi.org/10.21638/spbu14.2022.406","url":null,"abstract":"In the article, investigative errors in the preparation of the interrogation protocol are considered in the context of their use for the purposes of defense in a criminal case. Emphasis is placed on the most common mistake made in pre-trial proceedings — lack of records of the questions asked and the replies received by the person being questioned (question-and answer part of the interrogation protocol). For the first time in the legal literature, certain types of tactics for protecting the rights and legitimate interests of the principal, based on the use of such errors, are considered in detail. The choice of defensive tactics is associated with two grounds: first, the direct personal participation of the lawyer in the interrogation process is taken into account, followed by familiarization with the text of the protocol; secondly, the absence of a lawyer during the interrogation and familiarization with the text of the interrogation protocol after the end of the preliminary investigation or inquiry are taken into account. For each of the grounds, typical protective situations affecting the tactical features of the lawyer’s behavior are considered. Reasonable defense tactics require the construction of business, professional relations between the defense lawyer and the investigator (interrogator). The chosen tactic involves the submission by the lawyer of applications for the addition and clarification of the interrogation protocol, refusal to sign the interrogation protocol, filing motions and filing complaints about illegal actions of officials who refuse to eliminate the violations committed in the preparation of the interrogation protocol. In addition, the provision by the defence counsel of assistance to the investigator and the inquirer aimed at preventing and eliminating errors is not excluded. When drafting petitions and complaints, attention is paid to the reasoning of the stated requirements and recommendations are given on their content.","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":"91286019","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 powers of presidents of general jurisdiction courts in the Russian Federation: Classification issues","authors":"Yaroslav B. Zholobov","doi":"10.21638/spbu14.2022.402","DOIUrl":"https://doi.org/10.21638/spbu14.2022.402","url":null,"abstract":"Based on the practical experience of the retired court president, the article covers the issues of systematizing the powers of presidents of general jurisdiction courts in Russia through creating their classification. The material is presented in a problematic manner. The author identified four key issues related to the powers of presidents of general jurisdiction courts: the compliance of powers with new tasks and challenges that arise before the justice system; the binding nature of the powers of presidents of general jurisdiction courts; differences in the powers of presidents of general jurisdiction courts, despite the consolidation of the principle of unity of the system of general jurisdiction courts; distribution of powers between, on the one hand, the court president and, on the other hand, the Chief Justice of the Supreme Court of the Russian Federation, bodies of the judiciary and administrator — a professional manager, who is not a judge. It is shown that the powers of presidents of general jurisdiction courts are governed by various regulatory sources, which differ considerably in terms of their legal nature: the Constitution, federal constitutional laws, federal laws, presidential decrees, orders of the Judicial Department at the Supreme Court of the Russian Federation and decisions of the Council of Judges of the Russian Federation. The author considers the procedural powers divided into general powers and special procedural powers and the nonprocedural powers of presidents of general jurisdiction courts which are grouped into the powers related to personnel matters, the powers broken down by subjects and the powers categorized by the nature of actions. The article promotes the idea of interaction between the court president and judges following the principle of primus inter pares (first among equal) and the partnership model in the distribution of powers between the court president and the court administrator (professional manager), who is offered to take over all operational functions.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"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":"81584646","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":"New models of taxation of income of international groups of companies: Analysis and prospects of use in Russia","authors":"K. Ponomareva","doi":"10.21638/spbu14.2022.411","DOIUrl":"https://doi.org/10.21638/spbu14.2022.411","url":null,"abstract":"The article discusses the initiatives of the Organization for Economic Cooperation and Development (OECD) in the field of taxation of international groups of companies in the era of the digital economy. Methodological approaches to taxation of the digital economy are considered, relevant legal mechanisms for taking into account the interests of the fiscal of the Russian state in the conditions of digital transformation are determined. The analysis of new OECD tax projects in the context of the application of tax legislation and double tax treaties, in particular, the rules for determining the existence of a permanent establishment and calculating the tax base attributed to a permanent establishment, as well as the application of transfer pricing rules, is carried out. In addition, the analysis of these OECD documents from the point of view of the potential impact on the Russian fiscal base was carried out. The methodological basis of the research consists of both general scientific methods (dialectical materialistic, systemic, induction, deduction, analysis, synthesis) and interdisciplinary, as well as legal research methods. The study is based on a comparative legal method that allows comparing similar legal problems existing in legislation and international treaties, as well as identifying optimal ways to resolve them. The foundations of tax systems laid down in the 1920s traditionally took into account the principles of source of income and residency. In the new world of globalization and the digital economy, these principles become significant obstacles to international trade and at the same time are involved by economic entities in tax competition or tax avoidance, that is, in their interests to obtain tax benefits.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"53 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81644483","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 liability for organizing a stable group of persons aimed at committing crimes in the field of computer information","authors":"I. Mosechkin","doi":"10.21638/spbu14.2022.102","DOIUrl":"https://doi.org/10.21638/spbu14.2022.102","url":null,"abstract":"The article analyzes legal problems arising in connection with the establishment of criminal liability for organizing a stable group of persons for committing crimes in the field of computer information. The urgency of this topic is due to the negative dynamics of crimes associated with computer technology and committed by criminal communities or organizations as well as the constant growth of damage from them. The author evaluates the current criminal law measures to counter organized cybercrime, identifying their shortcomings. The provisions of domestic and foreign criminal legislation were analyzed, which made it possible to identify some legal gaps and identify ways to overcome them. The article proves that the Criminal Code of the Russian Federation does not fully cover cases of the creation of organized criminal groups aimed at committing illegal activities in the field of computer information. In particular, responsibility is not differentiated between a group of persons by prior conspiracy and an organized group; the category of crimes and the absence of the purpose of making profit do not allow qualifying the act as committed by a criminal community or a criminal organization. It is advisable to recognize the very fact of the creation of illegal organized formations as a separate tort, as is done in the legislation of individual countries of the “common law” legal family, as well as in domestic norms regulating countering terrorism and extremism. It is proposed to include in the Criminal Code of the Russian Federation a norm providing for responsibility for organizing a stable group of persons aimed at committing crimes in the field of computer information. The wording of the corresponding article has been formulated, which can be used as a recommendation when improving legislation.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"24 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90896476","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}