Vestnik Permskogo Universiteta-Juridicheskie Nauki最新文献

{"title":"PROBLEMS AND POSSIBLE RISKS OF SOCIALIZATION IN CONTEXT OF ACCELERATING SCIENTIFIC AND TECHNOLOGICAL PROGRESS","authors":"V. Panov","doi":"10.54072/26586568_2021_4_2_4","DOIUrl":"https://doi.org/10.54072/26586568_2021_4_2_4","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"33 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89399585","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":"MODELING IN LAW","authors":"M. Degtyarev","doi":"10.17072/1995-4190-2021-53-436-461","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-53-436-461","url":null,"abstract":"Introduction: the paper discusses the significance and relevance of the modeling method in law and legal activity, the concept and ontological features of modeling in law. We consider legal modeling to be not only a research method but also an activity involved in the transformation of legal systems, landscapes, and spaces. Being such an activity, it is applied in the design and assessment in rule making, in the ‘architecture’ of regulatory spaces being designed, is associated with such a technology, belonging to the ‘ecosystem’ of the latest regulatory technologies (LegalTech), as legal experiment. Purpose: on the basis of the general theory of modeling and a number of our own scientific hypotheses about the significance of applying the modeling method for ensuring the implementation of legislative activity (including as part of the processes of designing and implementing a legislative experiment), to explore the possibilities and tools of legal modeling, the essence and advantages of this instrumental-methodological approach, the types of modeling that are relevantly applicable as part of lawmaking activity and legal activity in general, the features and logic of modeling in lawmaking. Methods: analysis and synthesis, deduction, induction and abduction, classification and modeling, comparison and analogy, generalization, formalization and idealization, observation. Results: we have described and explained the nature, essence, ontological features, and instrumental support of the application of the modeling method in law and legal activity, the advantages and scope of its use, the variety of approaches and tools within this method, its relationship with the method of regulatory experiment. Conclusions: the method of legal modeling is related to the method of regulatory experiment, it is one of the promising relevant approaches to ensuring the preparation and implementation of a regulatory experiment and, at the same time, one of its supporting mechanisms. When applying modeling, it is possible to make the process of a regulatory experiment more predictable and adequate (due to the opportunity to choose the most correct ways of implementing such an experiment from the very beginning), to make it more initially calculated. Although modeling has long been known as a method applied in law and legal activity, so far it has demonstrated too few empirically valuable results and relevant theoretical generalizations at a serious level. It needs further development and support, especially with regard to the application of this method in combination with the method of regulatory experiment.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"20 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87201906","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":"RUSSIAN LAW OF OBLIGATIONS REFORMED: THE CONSEQUENCES FOR THE INSTITUTE OF DAMAGES (LOSSES)","authors":"Y. Monastyrsky","doi":"10.17072/1995-4190-2021-54-689-698","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-54-689-698","url":null,"abstract":"Introduction: of all the instruments of protection of subjective property rights, the fundamental role belongs to the institute of indemnification, whose regulatory framework needs to be clarified. The purpose of this paper is comparative description of the important legal aspects of the main type of property liability. In accordance with the purpose, the following objectives were set: to determine the extent to which legal provisions of general regulations on obligations laid down in the Civil Code of the Russian Federation should or can be applied to claims for damages; to formulate the proposals for improving the indemnification court practice. Methods: the methodological framework of the study consists of specific scholarly (special legal, comparative legal) and general scholarly (problem-theory, teleological, and system) methods of analysis. The main trends in the development of the institute of liability and the debatable aspects reflected in the Russian and foreign documents were studied with the use of the problem-theory and system analysis methods. Results: being a summary overview of the available knowledge and comparative regulatory material, this paper allowed us to articulate the ideas aimed at improving the fundamental principles of legal regulation of relations in the sphere of protection of subjective rights, in particular indemnification. Discussion: indemnification is a developing major institute of civil law, invariably attracting the attention of scholars around the world. Lately it has taken on special significance and some of its aspects have become a focus of a separate field of scholarly discussion. Many Russian scholars have written about indemnification in a comparative aspect: О. N. Sadikov, V. V. Baibak and others [2, 15]; this paper focuses on the reform of Russian law of obligations and the new provisions of the Civil Code of the Russian Federation of March 8, 2015 and reveals the consequences of the reform for the institute of damages, discussing this topic in detail as a separate standalone issue. Conclusion: we hope that this paper will contribute to further discussion in the civil law doctrine of the ideas and conclusions presented.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"29 2","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72480960","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":"ADMISSION OF GUILT AND A CLAIM BY SILENCE IN CRIMINAL AND CIVIL PROCEEDINGS","authors":"A. Ghambaryan, Yu. V. Airapetyan","doi":"10.17072/1995-4190-2021-54-754-765","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-54-754-765","url":null,"abstract":"Introduction: over the years, there have been made attempts to consider the category of legal silence in the framework of substantive and procedural law and to determine those legal consequences that arise in the absence or presence of silence. This article compares favorably with all previous developments in its breadth and fundamental nature of the research into the legal essence of silence from the point of view of admission of guilt and a claim in procedural law. Purpose: to carry out a historical and comparative analysis of silence on the basis of works of foreign and domestic proceduralists, both those of the pre-revolutionary period, Soviet procedural law and modern legal scholars. Due to the fact that there are different approaches regarding the admission of guilt and its consequences, the institution of admission of guilt within the traditions of the Anglo-Saxon and continental systems was investigated to understand their causes. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods such as legal-dogmatic and the method of interpretation of legal norms. Results: the historical and legal analysis of the sought category of procedural silence showed that in the Anglo-Saxon system admission of guilt by silence is treated with caution; however, it remains possible for it to be considered an acceptable way of resolving a dispute. In the continental system, direct admission of guilt (as evidence) is not credible, nor is it considered the only evidence of guilt. Conclusions: in Armenian procedural law, there is a tendency for the legislator to recognize the facts of silence. It follows from a number of norms that ‘not challenging the facts’ was given legal meaning, and a fact can be not disputed through taking no action aimed at challenging it, that is, by silence. The Russian legislator establishes different approaches to regulating the process of recognizing facts that are not subject to proof in civil and commercial proceedings in the context of silence. In the latter, the non-dispute by the party of the requirements or objections of the other party, as well as the absence of disagreement, which can be found from the meaning of other evidence, is interpreted as a tacit (indirect) recognition of the fact.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"268 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83005141","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":"SYSTEMATIZATION OF THE LAW IN ENGLAND IN THE EARLY 17th CENTURY: THE IMPORTANCE OF FRANCIS BACON’S IDEAS","authors":"E. Trikoz","doi":"10.17072/1995-4190-2021-54-660-688","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-54-660-688","url":null,"abstract":"Introduction: in the year of the 460th anniversary of the birth of Francis Bacon, an English philosopher and lawyer, statesman and court practitioner, of special relevance is research into Bacon’s contribution to the development of theoretical and organizational bases of the law reform and the technique of law systematization. In his works, Bacon put forward a set of ideas concerning rationalization of common law and novelization of statutory law in early modern England. Purpose and objectives: to identify the features of legal discourse and dogmatic opposition between legal corporations of lawyers of common and civil law; to analyze their influence on the formation of Bacon’s legal worldview; to determine his contribution to the development of the concept of the ‘reform of law’ and the doctrine of the sources of law in Anglo-Saxon jurisprudence; to evaluate the content of his theoretical treatises and legislative proposals concerning the systematization of statutory and case law in early Stuart England. Methods: in the course of the study of Bacon’s development as a thinker and his career advancement, we employed methodological approaches such as dialectical, cultural, general historical, sociological, dogmatic. When analyzing Bacon’s legal ideas and doctrines, his legislative projects and theoretical writings, we applied both general scientific methods (system-structural and formallogical, inductive and deductive) and special legal methods of cognition: historical-legal, comparative- legal and formal-legal, as well as methods of legal hermeneutics, interpretation, and juris linguistics. Results: we have formulated the definitions of the ‘reform of law’ and ‘systematization of law’ in the context of the legal discourse of early Stuart England and specifically in the framework of Bacon’s teachings; studied the directions of Bacon’s activity aimed at improving the judicial procedure and evidentiary practice, at unifying the law within the Anglo- Scottish union, and also the special model of the gradual reform of English law developed by Bacon. He defined the proper legal and technical conditions for the systematization of law, the necessary elements of legalistics, and the ‘general part’ in the form of a list of legal maxims andregulis juris provided in his translation. Conclusions: according to Bacon, ‘schematism’ of reforming the law involved several successive stages. We have established the following scheme of legal systematization as the ultimate goal of the legal reform according to Bacon’s plan: review and revision of statutory law – chronological incorporation of statutes and precedents – thematic hybrid codification (or consolidation) – creation of a ‘digest’ (corpus of laws) as a final document.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"12 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88521188","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":"VOLUNTEERISM AS ECOCULTURAL PHENOMENON OF KAZAKHSTAN YOUTH","authors":"S. Abenova, G. Dlimbetova","doi":"10.54072/26586568_2021_4_2_36","DOIUrl":"https://doi.org/10.54072/26586568_2021_4_2_36","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"30 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79483810","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 SUBJECT AREA OF INFORMATIZATION OF COURT DECISIONS","authors":"S. Polyakov, I. Gilev","doi":"10.17072/1995-4190-2021-53-462-487","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-53-462-487","url":null,"abstract":"Introduction: we have created an information technology support program, named ‘LaserIP-GPK-2020’, designed to provide assistance in making reasoned court decisions according to the rules of the Civil Procedure Code of the Russian Federation in ordinary proceedings. With the help of this program, we demonstrate in the paper the complexity of the law enforcement process for a person and the assistance that software can provide to overcome this complexity. The paper shows the subject area of the information system created by us, outlines the ways of further enhancement of software intended to facilitate law enforcement, and challenges the myths about the robot judge. Purpose: to determine the possible types of software to be developed in accordance with the types of law enforcement operations, provided that the discretion function remains with law enforcement officers; to determine the directions of the formalization of law enforcement operations and the possibilities of gradual transfer of some of them to artificial intelligence. Methods: the universal dialectical-materialistic method, employed when converting the law enforcement process into the language of information technology; analysis and synthesis of the law enforcement process, the formal-legal method – for converting the requirements of law and legal science to law enforcement into software commands for the judge and the parties to the case; the object-oriented approach to modeling; the object-oriented programming methodology, a relational approach to database design. Results: the ‘Laser-IPGPK-2020’ computer program contains a sequence of law enforcement operations and rules for their execution, the multiplicity and complexity of which exceeds the capabilities of most law enforcement officers. This program is designed to prevent law enforcement errors resulting from the limited human capabilities with regard to retaining knowledge of the multitude of rules of law enforcement operations, and to obviate the expenditure of time required for each individual judge to solely produce a reasoned decision in a case. Conclusion: the selection and development of particular IT solutions to be applied in law enforcement practice when solving legal cases are determined by the analysis of the law enforcement process, which is the subject area of the program.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"2021 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72930113","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":"EMOTIONAL STATE OF PARENT AS DETERMINING FACTOR OF PARENTAL POSITION","authors":"G. Tkachenko","doi":"10.54072/26586568_2021_4_2_85","DOIUrl":"https://doi.org/10.54072/26586568_2021_4_2_85","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"36 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85350464","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":"RESEARCH OF SPELLING MISTAKES OF PRIMARY SCHOOLCHILDREN WITH SYSTEM SPEECH DISORDERS","authors":"A. Biba","doi":"10.54072/26586568_2021_4_2_115","DOIUrl":"https://doi.org/10.54072/26586568_2021_4_2_115","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"11 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84284119","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":"OPTIMISM: RESOURCE AND PERSONALITY DEVIATION","authors":"S. Dukhnovsky, V. Mishchenko","doi":"10.54072/26586568_2021_4_2_122","DOIUrl":"https://doi.org/10.54072/26586568_2021_4_2_122","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"24 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82806933","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}