Prologue: Law Journal最新文献

SOCIAL SPHERE MANAGEMENT THROUGH THE PRISM OF THE SYSTEM APPROACH 社会领域管理通过棱镜的系统方法

Prologue: Law Journal Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2019.1.6

N. Keshikova

引用次数: 0

The Role of Judicial Auto Technical Examination in the Investigation of Fraud in the Auto Insurance Sphere 汽车司法技术审查在汽车保险诈骗侦查中的作用

Prologue: Law Journal Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2022.3.8.

S. I. Usachev

{"title":"The Role of Judicial Auto Technical Examination in the Investigation of Fraud in the Auto Insurance Sphere","authors":"S. I. Usachev","doi":"10.21639/2313-6715.2022.3.8.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.3.8.","url":null,"abstract":"Modern market of auto insurance is rather imperfect and has numerous ways of gaining financial benefit illegally. That is the reason why fraud in the field of auto insurance is a very common crime in this field. Methods of investigating, solving and preventing of fraud in the field of auto insurance has been connected to the use of special knowledge for a long time because this aspect is indisputable help in the forming of evidence base. Practice shows that the most common procedural form of the implementation of special knowledge is the appointment and production of various examinations and studies. This circumstance is justified because forensic examination helps gain enough reliable evidence needed for investigating and solving crimes. Forensic examination is the main form of applying special knowledge in fraud investigating in the field of auto insurance. The article analyses forensic auto technical examination, its peculiarities and applications while investigating frauds in the field of auto insurance. The article characterizes main tasks and objects of investigation; it also describes the cases when one needs to attract specialists from different fields of operation and maintenance of motor vehicles.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121828138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

THE RELATIONSHIP BETWEEN THE LEGAL REGULATION OF «NEW» PUBLIC EASEMENTS AND THE RULES ON INTRODUCING DATA ON THEIR BOUNDARIES IN THE UNIFIED STATE REGISTER “新”公共地役权的法律规定与在统一的国家登记册中引入边界数据的规则之间的关系

Prologue: Law Journal Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2020.1.4.

A.P. Yshakova

引用次数: 0

Waiver of real rights to immovable property: problems of interpretation and law enforcement 不动产物权放弃:解释与执法问题

Prologue: Law Journal Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2019.3.4

L. Vasilevskaya, S. Suslova

引用次数: 0

Institutional Ensuring Anti-Corruption Measures: Problem Statement 确保反腐败措施的制度:问题陈述

Prologue: Law Journal Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2021.2.10.

A. Moskovtsev

{"title":"Institutional Ensuring Anti-Corruption Measures: Problem Statement","authors":"A. Moskovtsev","doi":"10.21639/2313-6715.2021.2.10.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.2.10.","url":null,"abstract":"According to the position taken by the author of the article, the main condition for achieving systematic and effective measures to combat corruption is to bring them to the level of specific social systems (state power, education, health, science, culture, etc.). Although the problem of corruption is of national and even global importance, but the prevalence of general measures among anti-corruption practices is an obvious source of formalization, companionship and inefficiency. This position is linked in the article with the provision that a corruption is not a separate social system. At its core, a corruption of social institutions is a violation of their normal functioning and the production of results that are not suitable for society, including economic and social ones. The normality of the institutional functions implementation involves maintaining the necessary correspondence between the elements or institutions that make up the institution. They are divided into formal and informal institutions that have legal significance and do not have one. According to the author, it is due to the lack of the necessary correspondence between institutions in the institutional structure of specific social systems that the latter begin to systematically produce mass violations of formal norms, including corruption, to which the state and society respond first of all. At the same time, even more large-scale violations of norms that capture the micro-level of society remain in the shadows. In conclusion, the article highlights the main problem in the institutional ensuring anti-corruption. If formal norms are largely subjected to administrative influence, then the informal institutional space of the social system is formed culturally and historically and mainly by the forces of the public. Therefore, without the productive interaction of the state and society, which are the main forces that form the institutional structure, neither the necessary systemic institutional support in combating corruption, nor the desired and resulting consistency in this counteraction, is achievable.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"148 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127461279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Features of Development of the Extreme Necessity Institution in Criminal Law of Russia 俄罗斯刑法极端必要制度的发展特点

Prologue: Law Journal Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2021.1.9.

B. B. Zhigzhitova

{"title":"Features of Development of the Extreme Necessity Institution in Criminal Law of Russia","authors":"B. B. Zhigzhitova","doi":"10.21639/2313-6715.2021.1.9.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.1.9.","url":null,"abstract":"The article considers the process of formation and development of the extreme necessity institution in the system of domestic legislation. The author analyzes the conditions determining the introduction of circumstances that exclude the criminality of an act into the structure of Russian criminal law, and studies the paradigms of extreme necessity modernization, scientific views on its legal nature, their influence on the isolation of circumstances that exclude the criminality of an act in the mechanism of regulating public relations. The article summarizes the theoretical judgments about the nature of the extreme necessity institution, the legally significant properties and features specific to extreme necessity in different historical periods, as well as its inherent conceptual and terminological apparatus. The author systematizes the grounds for limiting extreme necessity from related institutions of criminal law, which justifies its place in the system of circumstances that exclude the criminality of an act, and investigates the mechanism of legal regulation of extreme necessity conditions legality, as well as the consequences of its limits violation. The article presents unified rules for the assessment and ratio of the harm caused in the state of extremity. The problems of legal regulation of extreme necessity at the present stage of its development are identified, and ways to eliminate some shortcomings are proposed. In conclusion the author actualizes the need to create a mechanism for assessing the extreme necessity acts legality, and identifies other promising areas of research activity in the field of extreme necessity legal regulation.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"109 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114506990","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Denazification and the Following Development of Criminal Procedure Law in Western and Eastern Germany Between 1945 and 1990 1945 - 1990年间西德和东德去纳粹化与刑事诉讼法的后续发展

Prologue: Law Journal Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2022.3.1.

А.I. Zazulin

{"title":"Denazification and the Following Development of Criminal Procedure Law in Western and Eastern Germany Between 1945 and 1990","authors":"А.I. Zazulin","doi":"10.21639/2313-6715.2022.3.1.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.3.1.","url":null,"abstract":"The process of development of German criminal procedure law in the period from the moment of the end of the World War II (1945) until the moment of unification of Germany (1990) is analyzed within the frameworks of this article. The mentioned time frame is highly important for studying the history of the criminal proceeding of foreign countries because, firstly, its essential feature is denazification of the legislature and, secondly, the existence of two different variants of criminal procedure law (that of the Federal Republic of Germany and German Democratic Republic. However, there are almost no researches of this period in our scientific literature. The author of the article, using German scientific sources, discloses the ways of how German criminal procedure law got rid of the legacy of the national socialism. The author also reviews and compares the changes that happened in the researched area of law in the period of «existence of the two Germanys». As a result of this analysis the author concludes that denazification of the criminal procedure law in Germany was executed by one common way from 1945 until 1949. Further social and political controversies that led to the forming of East and West Germany resulted in different development of this field in these two countries while the common frequency of the reforms was the same in both countries. Where West Germany chose the way of reforming the original criminal procedure law of 1879, East Germany designed a new criminal procedure law. Further development of the procedure in East Germany was connected to liberalization and the struggle with left radicalism and victimization. Meanwhile West Germany chose the acceptance of the Soviet procedure model forgetting many traditional institutions intrinsic to Germany legal proceeding. Based on these findings, the author distinguishes between stages of development of German criminal proceedings in the researched period. The author also suggests to divide it into periods.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127652119","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

PARTICIPATION OF ANATOLY FEDOROVICH KONI IN THE FORMATION OF THE EMPIRE CRIMINAL LAW POLICY IN 1906–1917 1906-1917年阿纳托利·费奥多罗维奇·科尼对帝国刑法政策形成的参与

Prologue: Law Journal Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2022.1.2.

A. Kodintsev, D. Rybin

{"title":"PARTICIPATION OF ANATOLY FEDOROVICH KONI IN THE FORMATION OF THE EMPIRE CRIMINAL LAW POLICY IN 1906–1917","authors":"A. Kodintsev, D. Rybin","doi":"10.21639/2313-6715.2022.1.2.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.1.2.","url":null,"abstract":"As an active participant of special commissions on the development of criminal laws of the Empire, Anatoly Fedorovich Koni, nevertheless, in the last quarter of the XIX century, practically did not touch upon the issues of the criminal law theory (the exception was the work of the young lawyer in 1866). The practical experience gained by the famous senator allowed him to move into the sphere of theoretical jurisprudence. Being a member of the State Council Kony took an active part in the development of the state criminal policy and at the beginning of the 20th century, he did not only write the works on the criminal law theory, but also stated his objectives of the contemporary criminal policy. A.F. Koni subjected outdated norms in the field of criminal law to harsh criticism, noted their ineffectiveness and often – meaninglessness. His criticism of the outdated norms influenced the procedure of their abolition in the early twentieth century – at the time of the adoption and enactment of the new Criminal Code of the Empire. The criminal and legal views of Anatoly Fedorovich Koni during the specified period were not the subject of special study by scientists, since only a small part of his works on criminal law was published. Using archival materials and little-known publications, we consider the contribution of A.F. Koni to the development of criminal law and criminal law policy of the Russian state in the period between the two revolutions.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129366419","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Postmortem Combined Psychological and Psychiatric Forensic Expertise in Cases of Juvenile Suicide 青少年自杀案件的死后综合心理学和精神病学法医鉴定

Prologue: Law Journal Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2020.4.7

A. Bychkova, O. P. Vorsina

{"title":"Postmortem Combined Psychological and Psychiatric Forensic Expertise in Cases of Juvenile Suicide","authors":"A. Bychkova, O. P. Vorsina","doi":"10.21639/2313-6715.2020.4.7","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.4.7","url":null,"abstract":"The subject of the research is the postmortem combined psychological and psychiatric forensic expertise in cases of juvenile suicide. The authors reveal the legal basis for conducting examinations of this type; the content of complexity signs; the specifics of the subject of forensic psychological, forensic psychiatric and combined forensic psychological and psychiatric expert examinations. They point out that the expertise under consideration is a necessary stage of investigation of criminal cases on a number of articles of the Criminal code of the Russian Federation, and the quality of the examination is directly related to truth-seeking and that this statement fully applies to criminal cases on the facts of juvenile suicide. In order to study the practice of setting and carrying out the expertise of this type in cases of juvenile suicide, the authors studied 30 acts of postmortem examinations obtained by random sampling. The article presents the analysis of typical questions that were put to the experts, and the recommendations on the optimal formulation of these questions in order to fully identify the circumstances that are important for the cases. The authors note that the situation is unsatisfactory when the complexity of the postmortem forensic psychological and psychiatric expertise, in fact, is replaced by a set of two examinations: psychological and psychiatric.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133114051","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Managerial Functions and the Concept of an Official as a Corruption Crime Subject 管理职能与官员作为腐败犯罪主体的概念

Prologue: Law Journal Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2021.1.8.

R. A. Sorochkin

{"title":"Managerial Functions and the Concept of an Official as a Corruption Crime Subject","authors":"R. A. Sorochkin","doi":"10.21639/2313-6715.2021.1.8.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.1.8.","url":null,"abstract":"The subject of the research within the framework of the article is the criminal and legal characteristics of the managerial functions of an official as a corruption crime subject. The author presents the main doctrinal positions on this issue that were formed in the post-soviet historical period in the Russian criminal law science; defends the thesis that the managerial functions of an official as a corruption crime subject have common features dictated by the unity of their content; such a uniform managerial function is mandatory, including the activities of legal entities that protect the interests of public authorities, and therefore it has a public significance and practical prevalence, which means that the relations for its implementation require criminal protection. The article formulates the general features of managerial functions of officials as corruption crimes subjects and the classification of such functions, which has criminal legal significance. Based on the theses and arguments concerning the content of the managerial functions under study, the author proposes a new theoretical concept of an official as a corruption crime subject, which, according to the author`s opinion, more accurately reflects the social relations that require criminal-legal protection from corruption at the current historical stage of Russia's development.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"222 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134472068","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0