Vestnik Permskogo Universiteta-Juridicheskie Nauki最新文献

{"title":"Usufruct Law: Origins, Comparative Legal Analysis and Prospects of the Development in Russia","authors":"L. Shchennikova, A. Y. Migacheva","doi":"10.17072/1995-4190-2021-52-321-345","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-52-321-345","url":null,"abstract":"Introduction: the reform of modern civil legislation cannot be completed without the adoption of a package of amendments to the section of the Civil Code of the Russian Federation devoted to real rights. Moreover, the lack of a developed and consistent concept of real rights has a negative impact on the development of all related areas. Real rights are designed to solve strategic problems of state development, among which social issues are currently coming to the fore. In this regard, it is important to study individual real rights proposed for introduction into civil legislation in terms of their potential to promote not only the economic but also the social development of the country. This paper focuses on usufruct in the aspect of its historical identity, powerful functional message, and internationality. Purpose: the research aims to clarify the significance of real law[1] regulation in solving nationally significant problems. Based on the achievements of foreign doctrine and legislation, we attempt to show the prospects of the introduction of usufruct in the Russian system of real rights. Methods: general (philosophical), general scientific, special scientific (including special legal) methods of cognition: dialectical, logical, historical, sociological, comparative-legal and formal-legal. Results: we have studied civil legislation of thirty countries of the world. The study has shown that the introduction of usufruct can have a positive social and economic effect, but only provided that the legislator does not deviate from the historically established concept of usufruct embodied in foreign law. Conclusions:the Draft of Section II of the Civil Code of the Russian Federation ‘Real Rights’ needs revision, with the initial social function of usufruct taken into consideration. It is necessary to work out a system of grounds for the emergence and termination of usufructuary rights, to introduce a mandatory notarial form of a contract for the establishment of usufruct, to provide for the possibility of establishing usufruct by virtue of law in relation to socially significant objects and on the basis of a court decision, to enshrine non-use of the right among the grounds for termination; to allow the establishment of usufruct in relation to citizens and legal entities, and not only non-profit organizations; to allow multiple usufructuaries; to describe in detail the rights and obligations of the owner and the usufructuary, including the duties of treating the property with care, and to indicate the possible limits of the disposal of the property by the usufructuary, including via transactions; to work out the rules for the exercise of the right of usufruct in relation to certain categories of objects, for example: property of minors, inheritance, agricultural land, forests, minerals, etc.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79187320","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":"Corporations and Corporate Financial Instruments in Russian and Foreign Law","authors":"R. Chikulaev","doi":"10.17072/1995-4190-2021-52-285-320","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-52-285-320","url":null,"abstract":"Introduction: the paper investigates the legal regime of corporate financial instruments in the context of the convergence of the world legal systems taking into account historically determined national differentiation. We study the legal regime of corporate financial instruments with respect to the status peculiarities of a corporation as a subject of legal relations and the regime characteristics of a financial instrument as a legal object. The purpose of the study is to analyze and generalize the legal experience of economically developed countries and to explain the modern legal content of the concept ‘corporate financial instrument’ against the related legal terms ‘securities’, ‘financial instrument’, ‘corporation’; to reveal major problems in the doctrine and positive legal regulation. Methods: comparative-legal, formal-logical, historical, analytical, empirical methods, and legal modeling. Results: the analysis of Russian and foreign experience made it possible for us to explain the specific nature of the legal status of corporation as the main component of modern economic systems, which determines special legal regimes of financial instruments that provide certain corporate rights. Conclusions: in terms of comparative analysis, of special interest is legal experience of such countries as Germany, France, Great Britain, and the USA since these countries show a higher level in the development of corporate legal forms and financial markets. Since early 1990s, Russia has been demonstrating high rates in the formation of the system of financial instruments circulation, which, with respect to the legal development of the corporate legal entity doctrine, brings Russian legal system closer to the world major legal systems. In the light of the focus on the sustainable economic development and defense of state interests with the use of modern digitalization methods, this also objectifies and makes currently relevant the development of the national legal regime of the corporate financial instrument based on the international legal experience.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73934356","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":"PROTECTION AGAINST VIOLENCE AND HARASSMENT IN THE WORLD OF WORK: CHALLENGES AND OPPORTUNITIES FOR RUSSIA AND KAZAKHSTAN","authors":"S. Golovina, E. Sychenko, I. Voitkovska","doi":"10.17072/1995-4190-2021-53-624-647","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-53-624-647","url":null,"abstract":"Introduction: the article deals with the problem of violence in the workplace or in another place where the employee performs their labor duties. Statistics show that a significant number of people suffer from violence at work in both Russia and Kazakhstan. The problem of sexual harassment, if considered as a narrower part of the phenomenon of violence in the world of work, is becoming ‘visible’ in the countries of the post-Soviet space, especially in connection with the numerous statements of women who have reported harassment at work. The purpose of our study is to find legal solutions for those who have been subjected to violence and harassment at work since the greatest difficulties for them are: fear of stigmatization, the difficulty of recognizing violence and harassment on the part of colleagues and managers as ‘inappropriate’ behavior, the choice of the form of behavior for both the victim and the employer in a situation where violence has occurred, as well as the process of proving the fact of psychological or physical violence in conjunction with the necessity to expose the specified facts of private life for general discussion. Methods: empirical methods of comparison, description; theoretical methods of formal and dialectical logic; special scientific methods such as the comparative legal method and the method of interpretation of legal norms. Results: we have shown that the legislation and practice of Russia and Kazakhstan in the field of protection from violence and harassment at work are not in complete conformity with international labor standards; formulated some proposals concerning available legal mechanisms to be used for the development of legislation aiming to ensure the protection of workers from violence and harassment. Conclusions: the labor legislation of Russia and Kazakhstan does not protect workers from violence and harassment at work, however, there are attempts made at the level of the executive branch to regulate the problem in a recommendatory manner. Practice shows that employers and employees seek dialogue on this sensitive issue. Judicial practice in Russia and Kazakhstan testifies to the low awareness among judges of the issues concerning protection of workers from such forms of violence as oppression, victimization, mobbing, and harassment","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75321609","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":"Issues of Civil Law Regulation Regarding the Protection of Civil Rights When Using Genetic Information","authors":"E. Tuzhilova-Ordanskaya, E. Akhtyamova","doi":"10.17072/1995-4190-2021-52-263-284","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-52-263-284","url":null,"abstract":"Introduction: the article deals with some basic legal issues that arise from the use of human genetic information. There exist some issues of defining the legal nature of such information, which we identify in the article. Current legal regulation is not able to take into account the peculiarities of genetic information and provide an effective protection against the misappropriation and improper use of genetic information when carrying out genetic diagnostics, working with biomaterials. At the moment, special public law and civil law regulation of the procedure for obtaining, accumulating, processing, accessing, and protecting genetic information is required. Purpose: to develop a conception of the legal nature of genetic information, to identify the issues in the field of civil rights protection when using genetic information, to propose possible ways of resolving those, which is done in the article based on the analysis of scientific works as well as international and Russian legislation. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods: legal-dogmatic method and the method of interpretation of legal norms. Results: in order to overcome the issues associated with the use of genetic information, it is necessary to develop an effective system of legal guarantees aimed at ensuring respect for human dignity, protecting rights and interests of an individual, protecting their genetic information in order to prevent possible harm from its improper use. Conclusion: in order to prevent the threat of illegal use of genetic information and violation of human rights, the government must take a number of important measures and introduce amendments and supplements into the statutory regulations: genetic information of an individual must acquire a special legal status, namely, it must be set apart from the group of personal biometric information and form an independent type of personal data with restricted access based on the kinship (blood) relationship between third parties and the carrier of such information; it is important to bring the provisions of civil legislation into line with the Law on Personal Data; it is necessary to legislatively specify the regime of the use and preservation of genetic information obtained as a result of gene diagnostics and to provide the legal framework for the activities of biobanks. Such amendments and supplements would make it possible to form a unified system of ways of genetic information protection as a right in combination with the norms on the protection of private life.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81972251","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":"PROBLEMS OF USING GAME TECHNOLOGIES IN TEACHING CHINESE","authors":"N. Savotina, M. Reimer, D.A. Khokhlova","doi":"10.54072/26586568_2021_4_2_101","DOIUrl":"https://doi.org/10.54072/26586568_2021_4_2_101","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76770314","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":"PUBLIC AND PRIVATE INTERESTS IN REGULATION OF LAND USE","authors":"G. N. Eyrian","doi":"10.17072/1995-4190-2021-54-699-721","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-54-699-721","url":null,"abstract":"Introduction: the article analyzes the evolution of Russian legislation on the use of land plots in the post-Soviet period from the perspective of public and private interests as reflected therein. Purpose: to analyze the development of the legislation of the Russian Federation on the use of land plots, with a focus on relations regarding the economic exploitation of the land plot as a natural resource; to assess current legislation from the perspective of the balance of public and private interests. Methods: methods of formal logic, historical, comparative legal and system-structural methods. Results: the development of legislation on the use of land plots in the Russian Federation has been inconsistent. At the first stage, before the adoption of the Constitution of the Russian Federation, the public interest acted as the limit of the exercise of ownership of land and other natural resources. The Constitution of the Russian Federation does not directly establish the social function of ownership of land and other natural resources. The provisions of the Constitution imply the potential opportunity for the development of various concepts of ownership in land law. Currently, the Land Code of the Russian Federation reflects the social function of ownership, which follows from a number of basic principles of land legislation. The legislator subordinated the regulation of relations on the use of land plots to public interests and, at the same time, liberalized the rights and obligations of the owners of land plots in contrast to the Land Code of the RSFSR of 1991. From our point of view, this circumstance demonstrates the legislator's desire to harmonize land and civil legislation in the regulation of land use.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90408295","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 CONSTITUTIONAL PRINCIPLE OF PROPORTIONALITY: A LEGAL-DOGMATIC METHOD","authors":"A. V. Dolzhikov","doi":"10.17072/1995-4190-2021-53-540-561","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-53-540-561","url":null,"abstract":"Introduction: the paper develops a thesis about the interdependence between the interdisciplinary approach and the method of legal-dogmatic research on proportionality. The dogmatic method makes it possible to define the essence of this principle provided that research relies on judicial practice. Methods: the paper applies the technique of conceptual jurisprudence as one of the most common forms of dogmatic methodology. The purpose of the research was to provide systematic and coherent analysis of the principle of proportionality with the application of the legal-dogmatic method. With this purpose in view, the paper is divided into three sections. The first section starts with the comparison of two concepts most commonly used in Russian legal science –sorazmernost’ (which translates into English as proportionality, but linguistically closer to the word ‘commensurability’) and proportsional’nost’ (proportionality). The second section discusses the concepts of legislative reconciliation and judicial balancing of conflicting interests. Finally, the third section analyzes two opposite but interacting forms of the principle of commensurability/proportionality – the prohibition of excessiveness and the prohibition of insufficiency. Results: the paper provides arguments for the use of the term commensurability (sorazmernost’) in Russian national jurisprudence as a generic concept. The term proportionality (proportsional’nost’) is of a foreign origin. It could be used as a synonym of the term commensurability as applied to the English-language or international model of this principle. The concept of reconciliation can be considered to cover the sphere of lawmaking, while the term balancing can be applied in relation to judicial weighing of private and public interests. These two conceptual models predetermine the difference in legitimacy of the parliamentary and judicial application of commensurability. The paper also argues that two functions of commensurability are complementary. One of them is reflected in the classic liberal prohibition of excessiveness, which aims to prevent government interference in the individual freedoms. According to the other function, which emerged later, commensurability prohibits the passivity of public authorities in the protection of constitutional rights (prohibition of insufficiency). The difference between the two functions of commensurability is expressed in the distinction between the corresponding negative and positive obligations of the government. We come to a conclusion that legal dogmatics should not become an end in itself, turning into formalism and scholastic disputes about concepts. Of more significance are the social consequences to which the application of certain concepts in constitutional adjudication leads.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75605442","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 BasiCs OF TEACHING CHILDREN DIFFERENT TYPES OF READING","authors":"E.S. Semibratova, A. Biba","doi":"10.54072/26586568_2021_4_2_108","DOIUrl":"https://doi.org/10.54072/26586568_2021_4_2_108","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79320029","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":"WOMEN’S RIGHTS IN THE CONTEXT OF UNIVERSAL, REGIONAL AND NATIONAL (RUSSIAN) STANDARDS AND MECHANISMS OF HUMAN RIGHTS PROTECTION","authors":"E. R. Bryukhina, E. S. Tretyakova","doi":"10.17072/1995-4190-2021-53-516-539","DOIUrl":"https://doi.org/10.17072/1995-4190-2021-53-516-539","url":null,"abstract":"Introduction: the article deals with women's rights in the context of universal, regional, and national standards of human rights. We discuss the concept and significance of human rights standards for the modern world, society and individual states; highlight their universal character both in terms of the parties involved and the territory they cover; perform the analysis of universal and regional human rights standards, including in terms of their correlation with the respective systems. The main focus of the paper is on the rights of women as a vulnerable category of persons at law, legal formalization and legal framework of these rights, typical violations and protection both at the level of national jurisdiction and in the main international mechanisms of rights protection. Purpose: to research women's rights in the context of universal, regional and national (Russian) standards and mechanisms of human rights protection. Methods: general scientific methods, special scientific methods, methods of legal science – formal legal, comparative legal methods. Results: we have studied the system of international (universal and regional) human rights standards, defined their characteristics, determined their significance. The paper describes the system of the women's rights legal formalization in the context of international standards, examines the problems connected with the enjoyment, securing and protection of these rights through the main mechanisms of human rights protection at various levels; analyzes the practice of the protection mechanisms application by the Office of the UN High Commissioner for Human Rights, the UN Committee on the Elimination of Discrimination against Women, the European Court of Human Rights, Russian courts. Conclusions: the main problems that accompany the exercise of women's rights are the use of violence and discrimination in labor relations. These issues demand special attention both at the level of the international community and in national legal systems, including that of Russia.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78331113","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":"FEATURES OF THE FORMATION OF THE FRONTAL LOBES OF THE BRAIN BRAIN AND HEMISPHERIC DOMINANCE IN PUPILS REPLACEMENT FAMILIES","authors":"M.V. Arshansky","doi":"10.54072/26586568_2021_4_2_129","DOIUrl":"https://doi.org/10.54072/26586568_2021_4_2_129","url":null,"abstract":"","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81820786","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}