Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law最新文献

{"title":"On the exemption from criminal liability in the preparatory phase of the trial","authors":"I. V. Ovsyannikov","doi":"10.17223/22253513/45/7","DOIUrl":"https://doi.org/10.17223/22253513/45/7","url":null,"abstract":"The current trend in modern national criminal policy is to expand the possibilities of exempting persons from criminal liability. But the release of a person from criminal liability also entails negative consequences for him/her. Exemption from criminal liability does not mean exemption from the need to compensate and compensate for the harm caused by the crime to the victim. Confiscation of property belonging to the accused that is recognised as physical evidence is possible. If a court fine is imposed, the person is obliged to pay the fine within the time limit set by the judge. Exemption from criminal liability always entails certain subsequent legal restrictions, including those related to areas of work, for the exempted person himself/herself, and sometimes for his/her close relatives. Persons who have been released from criminal liability are charged procedural costs. These negative consequences are largely comparable to, and gradually converge with, the negative consequences for those who have been convicted. A person can only be absolved of criminal responsibility if the charge is proven and substantiated. This condition is proposed to be laid down in the RF CCrP. However, the court cannot establish the existence of such a condition already at the stage of preparation for the trial because at that stage of the process the court does not have the necessary powers to do so. In addition, it would be premature for a judge to verify the validity and proof of the charge at the stage of preparation for the trial. The judge should verify the validity and proof of the charge and establish the guilt of a person for the commission of a crime only at the stage of the trial. The establishment of grounds for exemption from criminal liability requires direct examination of evidence, which is not possible at the stage of preparation for the trial. At the stage of preparation for the trial, the general condition of publicity of the trial does not apply. The pretrial hearing is held in closed session. The lack of publicity largely deprives society of the opportunity to monitor the actions and decisions of the court, which does not contribute to the objectivity and legality of court decisions and is a corruptive factor. The court's decision to exempt a person from criminal liability at the stage of preparation for the trial does not correspond to the purpose and objectives of this stage of court proceedings. It is suggested that Articles 236 and 239 of the Russian CCrP should be deleted as indicating that a criminal case or criminal prosecution can be terminated on grounds that exempt the defendant from criminal liability.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"37 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75477135","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":"Comparative analysis of the legislative prerequisites for civil liability in Russia and China","authors":"Y. Monastyrsky","doi":"10.17223/22253513/45/14","DOIUrl":"https://doi.org/10.17223/22253513/45/14","url":null,"abstract":"The paper compares the legislative regulation of property liability in the form of compensation for losses in the Russian Federation and in a state with the largest economy, rapid development rates, and a giant population neighboring the Siberian region of our country - China. The logic of historical evolution predetermined a detailed consideration of each other's experience in state building and the implementation of long-term development plans. In the legal field, both legal systems are based on the concept of codified law and are being improved through the adoption of normative acts. The institution of forfeit and recovery of damages for non-fulfillment of obligations, violation of subjective rights, permitted unilateral termination of an agreement in cases specially specified in the rules is contained in the civil codes of Russia and China and has significant conceptual differences. Its comparative analysis has not been carried out in detail for the last 20 years and is the novelty of this study. Its relevance can be determined by the development and complication of economic ties in the Siberian region, which is characterized by an extensive Chinese economic presence. Inevitable disputes and peculiarities of the applicable law, in this case both Russian and foreign, create applied interest in the comparative analysis of not only legislative material, but also judicial and arbitration practice. Knowledge of Chinese approaches is necessary not only in litigation in foreign courts, but also when a dispute is resolved on the basis of Chinese law in domestic jurisdictions or arbitration tribunals. The degree of elaboration of this topic. The timeliness of this study is confirmed by the fact that little attention has been paid in legal science to comparing the concepts of compensation for losses in Russia and China, despite their doctrinal significance, a close connection with the notions of liability, causality, guilt and negligence of creditors. The aim of the study is to develop a theoretical model of legal regulation of relations regarding compensation for damages corresponding to the modern conditions of the market economy of the Russian Federation, which could become a methodological basis for improving the norms and practice of their application, protecting the legitimate interests of participants in these legal relations. The subject of the analysis is the norms that directly regulate the procedure for compensation for losses in Russian and Chinese civil law, as well as materials of domestic and Chinese foreign doctrine on the legal nature of this institution. The research is based on private scientific (special legal, comparative legal, historical) and general scientific (problem-theoretic, teleological and systemic) methods. In the process of studying and understanding specific legal issues, general logical methods were used (abstraction, analysis, synthesis, analogy, generalization, and so on). The author declares no conflicts of interes","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"37 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80128192","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":"World Intellectual Property Organisation's experience in domain dispute resolution","authors":"Anton G. Sergo, Ekaterina I. Romanenkova","doi":"10.17223/22253513/43/13","DOIUrl":"https://doi.org/10.17223/22253513/43/13","url":null,"abstract":"The current pace of development of information technology is such that no country's legal system can objectively keep up with its adequate regulation. As a consequence, the Internet community is looking for its own, equally reliable and effective, but fast and modern systems of fair resolution of conflicts that arise between the rightholders of various classic means of individualisation (usually trademarks) and domain names. In today's hightech world, the role and importance of domain names cannot be underestimated. They control destinies, prepare revolutions, crush cults and shape national politics. Their ability to easily personalize any information resource in cyberspace is highly valued by specialists in a variety of fields. Their number in the world (over 320 million) and in our country (5 million) exceeds many times the number of any other means of individualization, but the domain name as an object of law has not been sufficiently defined in the Russian legislation to this day. Despite this, domains have long been sold and bought and there have been numerous and costly court battles over them. The Russian-speaking reader is familiar with the judicial processes for resolving such disputes. However, out-of-court means of resolving such cases, little known to our readers, are in demand in foreign practice. They are used in the domain area not only to address the claims of holders of traditional means of individualization to domain owners, but also in disputes between domain name registrars in the transfer of the domain between them on the application of third parties, if the domain registration does not meet the requirements of the domain zone, the requirements to suspend the registration of domain names in new domain zones, etc. The need to develop alternative dispute resolution systems was driven by conflicting court practices and the search for a way to resolve domain disputes in a fast, not very expensive and efficient procedure, given that such disputes were often extraterritorial in nature. The latter is easier to explain with an example. For example, one of the largest domestic construction companies faced a situation where a domain similar to its name in a foreign zone was registered through an Australian registrar for a resident of Great Britain, and the content site provided by ill-wishers from the Moscow region. In such circumstances, going to court in Russia or the UK was ineffective because the execution of the decision was to be secured from the domain registrar. At the same time, there were no grounds to sue the registrar (in Australia) because it did not violate anyone's rights. This situation is typical when registering a domain in an \"international\" or foreign domain zone, as the registrar's country of origin is usually irrelevant to the user, as opposed to the price. Of course, recourse to the traditional justice system is possible in such a situation, but not everyone can afford the time and money required to resolve it. C","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"4 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87422447","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 main trends in the development of the science of private law in modern Russia","authors":"Raisa P. Manankova","doi":"10.17223/22253513/45/13","DOIUrl":"https://doi.org/10.17223/22253513/45/13","url":null,"abstract":"The article continues the development of the topic of convergence of public and private law. The social background is determined by the Covid-19 pandemic. The private legal aspects of the emergency situation, force majeure, requisition, and the unknown absence of people were among the priorities. Civilists have been familiar with these categories for a long time. Wars, natural disasters always accompany society and at different times the legal reaction of the state to human misfortunes becomes extremely important. These legal concepts are consistently analyzed in this manuscript. The specific contribution of specialists of the Tomsk State University Law Institute is shown. Scientific forecasts and the approximate fate of the necessary regulatory arrays have been determined. The expediency of working out the civilistic block of norms in complex federal laws, in particular, in the Information Code, is substantiated. The article proposes a number of measures aimed at strengthening the protection of citizens' interests. The thesis about the need for more radical transformations of the Family Code is repeated, since the reforms of the last two decades have turned into a process of \"patching holes\"; the fragmentary nature of the measures taken gives negligible results. The author suggests returning to the discussion of the development of the Children's Code of the Russian Federation. The question of the need for a Children's Code in Russia in the literature accessible to the Soviet reader was raised more than a hundred years ago. Professor M.N. Gernet in his now famous monograph called one of the paragraphs \"Children's Codes\". There was no deeper and more thorough research in our private law literature. This is quite understandable, the criminological aspect \"scared off the civilists.\" M.N. Gernet gave an overview of the content of children's codes (or regulations) of a number of countries. In previous works, the idea of abandoning the Housing Code was justified. Here are the arguments in favor of replacing it with another legal form. The issue of replacing the Housing Code of the Russian Federation is not difficult to solve at all, there is good experience. After all, the first Housing Code of the RSFSR appeared only in 1983, and did not live long. The following code could not be made qualitative, consistent with the Civil Code. It is impossible to include all the huge housing legislation in a small diversified regulatory act. Thus, the way to improve housing legislation is open for scientific research. The author declares no conflicts of interests.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"7 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88592143","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":"Theory of justification of the criminal law: current status and problems of application","authors":"Valentina I. Plokhova","doi":"10.17223/22253513/45/8","DOIUrl":"https://doi.org/10.17223/22253513/45/8","url":null,"abstract":"The relevance of the study is determined by the fact that the legislator and the law enforcement officer allow deviations from the social and legal foundations at all stages of the formation and application of the criminal law. Therefore, the subject of research is, on the one hand, incorrectly formulated norms of the Criminal Code of the Russian Federation, draft amendments to them, unjustified application of the law. On the other hand, there are theoretical and normative constructions existing for a given historical period, designed to prevent the emergence of such norms and their application. These include the theory of substantiation of criminal law, including its most developed part - the theory of criminalization of acts, regulations on the examination of laws and their application. In this regard, the purpose of the study is to identify the causes of failure, failure of these structures and to determine the way to solve the problem. The study was carried out using such general logical methods of cognition as systemic, comparative-legal; analysis, synthesis, induction, deduction. Analyzed: 4 laws and bills (No. 5, 8, 9, 18), 7 decisions of the Constitutional Court of the RF over the past 5 years (No. 1-4, 15, 17), which offer a different constitutional interpretation of the unjustified norms of the Criminal Code of the RF; materials of judicial practice on the norms incorrectly fixed in the Criminal Code or applied by the courts, carried out by the author and other researchers (No. 6, 12, 13, 14); monitoring data of the expertise of the law officially conducted in Russia and its application for compliance-inconsistency with the social and legal foundations of the criminal law (52). It has been carried out the analysis and synthesis of the authors' views on the components of the concept, the criteria for the criminalization of acts, the substantiation of the law, named in 18 studies (No. 19-21, 26-29, 31-41, 52 (monographs, dissertations, journal articles) its use in applied research, as well as 13 studies devoted to a broader substantiation of the law than criminalization (22-25, 30, 44-51). Sociological, philosophical and other studies have been analyzed (No. 7, 11, 42, 43). The system analysis made it possible to draw both intermediate and final conclusions obtained as a result of the study. As a result of the study, it was revealed that: 1. Criminalization is the most important stage in the process of substantiating a law, but it does not cover all the factors that must be taken into account for its substantiation. This is within the scope of the theory of the justification of the criminal law. 2. But neither the theory of criminalization of acts, nor the theory of justification are not fully developed as integral theories. 3. In this state, they are not fully used by researchers, legislators, law enforcement officials or experts. Therefore, the first block of the theory of justification - the criminalization of acts and all others (cons","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88799877","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":"System of Law","authors":"V. Lebedev","doi":"10.17223/22253513/44/12","DOIUrl":"https://doi.org/10.17223/22253513/44/12","url":null,"abstract":"The article examines the system of Russian law and the grounds for singling out its elements. It gives the notion of the system, the main requirements that are imposed on it: there must be identity between the genus (system) and the sum of its species (branches, institutions), i.e. all elements of the system of law must exclude each other (disjunctivity principle); to divide the system into elements there must be one basis. In the article, the division of the system of law into elements is based on the subjective composition. The article argues that the division of Russian law into branches cannot be based on such grounds as subject matter and method. In the existing interpretations of the distinction between branches and institutions of Russian law, the approach is not systemic, but rather conglomerative. The practical necessity of differentiating law into branches and institutions is emphasised, and the history of their differentiation is examined. There should always be continuity in theory and practice. In this sense, it is impossible to ignore the fact that the law has been developed by a number of theories in the history of science. In this sense, one cannot but see that the distinction between branches by subject and method has been adopted by Russia in the organization of legal education: in the development of curricula, in the construction of individual courses and even in the structure of law schools, faculties and special courses. It is possible, and apparently necessary, to criticise the system of law proposed in its time by A.Ya. Vyshinsky, but it is hardly justified to \"break\" and \"reconstruct\" it, as has been done in the last decade. The bachelor's programme, the master's programme and the replacement of legal education with the provision of a service, all the more so as a paid service, have led to very sad results in the formation of the social status and legal consciousness of future lawyers. The author declares no conflicts of interests.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90848289","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":"MEDIATION AS AN ALTERNATIVE WAY OF SETTLING FAMILY DISPUTES IN THE RUSSIAN FEDERATION","authors":"E. R. Bryukhina, E. Chertkova","doi":"10.17223/22253513/40/12","DOIUrl":"https://doi.org/10.17223/22253513/40/12","url":null,"abstract":"The article examines the specific goals and objectives of family mediation, the characte-ristics of the status and work of the mediator and the characteristics of the procedure of recon-ciliation of the parties to the family legal conflicts, touches on the problems of legislation and practice of mediation in the consideration of family legal conflicts. The article substantiates the need to distinguish mediation in disputes arising from family legal relations as a separate type of conflict resolution procedures with the participation of a mediator. Modern formation and development of civil society in conditions of democracy reveals more and more interest of participants of legal relations in independent settlement of disputable situations. With the adoption of Federal Law No. 193-FZ of 27.07.2010 \"On alternative dis-pute resolution procedure with the participation of a mediator (mediation procedure)\" media-tion is increasingly being used as one of the most efficient non-jurisdictional means of dispute resolution. The article substantiates the need to distinguish mediation in disputes arising from family legal relations as a separate type of conflict resolution procedure with the participation of a mediator. The methodology of the study is based on the formal-legal method, which is used in the study of the legal institution of mediation. In addition, as part of the study of the fre-quency and nature of the use of mediation procedures for the resolution of disputes referred to the court, the statistical method was used. The paper examines the legislation on mediation of the Russian Federation, identifies some problems of law enforcement, and proposes possible ways to solve them. The article proposes to eliminate legislative contradictions regarding the possibility of recourse to court with an agreement on mediation, to indicate in the Federal Law \"On Mediation\" the existence of a mediation agreement is not a condition but a basis for mediation, as well as to legislate the possibility of mediation by telecommunication.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"108 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81735766","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":"THEORETICAL AND METHODOLOGICAL ISSUES OF LEGAL PREDICTION","authors":"K. Agamirov","doi":"10.17223/22253513/40/1","DOIUrl":"https://doi.org/10.17223/22253513/40/1","url":null,"abstract":"The article explores the theoretical and practical aspects of predictability of the future of legal systems based on legal forecasting as a direction of scientific activity, designed to for-mulate the importance of new vectors of legal development for the state, society and the indi-vidual. By combining general theoretic, axiological, personal and instrumental methodological means and expanding the ideological field of jurisprudence, legal forecasting contributes to the realization of social needs and state interests. The conversion of theoretical paradigms of legal forecasting into the practical sphere is ensured by the creation of predictive models of regulations and the development of concrete proposals concerning the modernization of legis-lation to the law-making bodies. At present, there is every reason to speak about the significant shortcomings in the field of legal forecasting both in Russia and worldwide. A clear confirmation of this thesis is the fact that despite the predictability of the coronavirus pandemic (before it was atypical pneumonia, avian influenza, Ebola), no state was ready for full legal regulation in the context of the pan-demic and did not think through the legal ways out of it. Operational law-making was con-ducted everywhere through trial and error, creating internally contradictory and insufficiently effective legal regimes, creating excessive restrictions on human rights and simply legislative confusion, sometimes bordering on absurdities. The haphazardness of the legislative process, which legal forecasting is intended to put a barrier to, is expressed among other things in the number of laws adopted. The existence of a significant number of reference rules, supplements and amendments, \"changes to changes\" manifold hampers the application of rules, while the development of conceptual draft laws is practically an exception. At the federal level, there is no legal forecasting as a direction of scientific support for lawmaking, and planning is limited to the draft laws submitted to the upcoming session of the State Duma. The situation is no better at the regional level. All this shows that the system of public administration does not in a due measure rely on the powerful predictive potential inherent in the nature of law and legal thought, which includes the understanding of the nature of law and its diverse manifestations in real public life. It follows that the concept of legal forecasting has a universal and timeless significance. It brings together all general theoretical, axiological, personal and instrumental methodological means and provides the conditions for obtaining reliable forecasts regarding the dynamics of legal and related political, economic, social and spiritual phenomena and processes.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"4 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80991862","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 COVID-19 pandemic in places of detention and its impact on the use of alternative sanctions","authors":"Alla L. Agabekyan","doi":"10.17223/22253513/42/1","DOIUrl":"https://doi.org/10.17223/22253513/42/1","url":null,"abstract":"The COVID-19 pandemic has led to economic, political and social crises and has also exposed a number of problems in the penitentiary systems of states. The article analyses both the negative and positive consequences of the spread of coronavirus in prisons and pre-trial detention facilities. Overcrowding in prisons remains the most important reason for the increased risk of infection within prisons, leading to violations of prisoners' rights. The paper examines the problems associated with health care and hygiene in prisons. Based on the experience of foreign countries, a comparative legal analysis is made of the range of restrictive measures taken by states due to the pandemic. For example, measures to release convicts in Germany, France and Iran are described; the minimisation of custodial sentences in the UK is noted. The issue of the violation of convicts' rights to receive visits from relatives and close friends, as well as lawyers and representatives of public organisations, is thoroughly investigated. In this connection, particular attention is paid to international instruments guaranteeing the protection of convicted persons against torture and other cruel, inhuman or degrading treatment. The entire international community - international organisations such as the UN, WHO, PRI, Human Rights Watch and others - has engaged in addressing these problems. The way out of the crisis is seen in the use of non-custodial measures at all stages of criminal justice administration, including at the pre-trial and trial stages, as well as after sentencing. At the pre-trial stage, it is preferable to impose non-custodial measures and to replace pre-trial measures with alternatives, as appropriate; at the trial stage to impose non-custodial sentences; at the post-trial stage to choose one of the optimal solutions for a given state during an emergency situation: early release (unconditionally), conditional release, temporary release, replacement of the sentence with a milder non-custodial one, as well as amnesty Particular attention is paid to preventive measures taken by the Russian Federal Penal Correction Service and to proposals for improving the legislation and law enforcement activities of the authorities. Given the global trend towards a decrease in the use of imprisonment and an increase in the proportion of prisoners serving sentences without isolation from society, the author proposes reforms in the application of \"community\" sanctions and measures by creating or strengthening probation systems.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"84 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76367545","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":"REDEMPTION AS A LEGAL FACT IN CIVIL LAW","authors":"A. Ryzhenkov","doi":"10.17223/22253513/40/16","DOIUrl":"https://doi.org/10.17223/22253513/40/16","url":null,"abstract":"The article is devoted to the problem of redemption as a legal fact. In its external form and in its legal consequences, it represents a paid transfer of ownership of a thing and thus primarily resembles a contract of sale, so that it could be considered as a special case of it. However, at the doctrinal level, there is a completely different picture, where the redemption under its civil law regime is not only not identified with the purchase and sale, but sometimes does not even receive unambiguous recognition as a transaction. It is noted that the comparison of various options for redemption, enshrined in the norms of civil law, allows us to identify one common feature for them: in all cases, the decision to transfer ownership or to terminate the obligation (as in the case of an annuity contract) is made not by mutual will, but unilaterally. At the same time, the transfer of the right or the termination of the legal relationship in all cases is carried out on a strictly reimbursable basis. The universal property of redemption is precisely the legal effect, the emergence of a new legal relationship is only optional. Therefore, it is possible to formulate the definition of re-demption as a paid termination of a real or binding legal relationship at the request of one of the parties or a third party. In determining the redemption price, the agreement of the parties one of them is obliged to pay the agreed amount and the right to appropriate the thing from another – an obligation to provide the item and receive the agreed amount. Thus, the relation-ship of the participants in the buyout fits the description of the obligation. Moreover, the existence of an agreement between the parties indicates that this obligation is of a contractual nature. In the case of a buyout, such an integral element of the freedom of contract as the ability to decide at its own discretion whether to enter into this contract or not to enter into it is not maintained. More precisely, only one of the parties to the contract, namely the initiator of the purchase, is entitled to such a right, and this violates another fundamental principle of civil law – the equality of the participants in the legal relationship. The overall buyout model is a complex factual composition and includes the following elements: 1) the Base purchase (for example, abandoned the maintenance of cultural values, the mistreatment of animals, disagreeing with the decision of the shareholders meeting, etc); 2) treatment with the ransom demand, the transaction; 3) determination of the redemption price of: a) by agreement – a contractual obligation; b) court – ordered non-contractual obli-gation; 4) Payment of the purchase price (optional characterized proprietary and joint rela-tions, is the transfer of property to the payer; 5) Termination of a pre-existing legal relation-ship (with or without a new one).","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"10 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86835908","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}