Prologue: Law Journal最新文献

{"title":"PUBLIC AND PRIVATE INTEREST IN LAW-MAKING: CRITERIA OF DIFFERENTIATION","authors":"E. Devitskii","doi":"10.21639/2313-6715.2020.1.1.","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.1.1.","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"16 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":"128155617","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":"LEGAL BASIS OF THE NUREMBERG TRIAL: RULES AND SOURCES OF LAW","authors":"М. А. Safonov","doi":"10.21639/2313-6715.2020.4.1","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.4.1","url":null,"abstract":"The article is devoted to the issue of procedural and substantive rules of law, on the basis of which the International Military Tribunal was created and conducted its work over the main functionaries of the Nazi regime in Germany. The author explains the legal foundations of the Nuremberg tribunal's activities from the point of view of the law sources (forms) doctrine, and indicates the main sources and their role in the process of preparing the legal framework for the trial of war criminals. The author studied the main normative agreements drawn up by the countries of the anti-Hitler coalition for the organization of the trial of the fascist regime functionaries in Germanу, and examined the acts relating to the establishment of a military tribunal and determining the order of its work. As a special source underlying the conviction, the generally recognized principles of law are highlighted: humanism, moderation of repression, respect for human rights, etc. The author concludes that the procedural side of the legal support for the activities of the Nuremberg Tribunal had a solid basis in the form of a number of normative treaties concluded by authorized representatives of the winning countries, and the charges were based on an extensive layer of legal rules, denounced in the form of international treaties and recognized by the world community principles of law. At the same time, a distinctive feature of the sources underlying the charges was the lack of unified and universally recognized sanctions, which marked an obvious gap in international law, filled by the granting broad powers to the international military tribunal on the nature of possible defendants punishment. According to the author`s opinion, the importance of the Nuremberg tribunal, as a precedent that marked the beginning of the formation of institutions for bringing war criminals to justice, lies in the creation of a mechanism for the application of international criminal law sanctions.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"59 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":"121947274","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":"Course of dealing as a non-normative regulator of civil relations","authors":"A. Pakharukov","doi":"10.21639/2313-6715.2019.2.3","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.2.3","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"20 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":"124961424","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":"Discrimination in Sport’s Sphere: Concept, Legal Nature and Methods of Counteraction","authors":"A. Sergeeva","doi":"10.21639/2313-6715.2022.2.8.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.2.8.","url":null,"abstract":"The authors of the article analyze current issues of how to qualify discrimination manifestations in relations to sports events. The authors distinguish two forms of the discrimination behavior; one of them represents the demeaning of dignity of the person on the ground of the person’s belonging to a certain social group. The second form relates to creating the restrictions to access to sports events participation based on the wrong interpretation of the equal opportunities of sportsmen. The first form of discrimination can be viewed as an actual component of extremism whereas the second one, being atypical, has complicated medical and legal nature that is not appropriately reflected in the legal norms of the sports legislation. Counteraction to the ordinary form of discrimination is feasible when one uses administrative and criminal legal instruments. The authors summarize significant volume of empirical material that shows the need for optimization of the law enforcement practice in this field. In the system of current law regulation of sports events, the priority is in imposing penalties on sports organizations if their members or participants of sports events allow manifestation of discrimination. People who are directly accountable for the discrimination manifestations rarely are found personally responsible for that which is not related at all to the character and degree of the social danger of discriminatory behavior.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"30 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":"122176796","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":"Malicious Use of Artificial Intelligence Discussed in the Framework of the XIII International IT-forum.","authors":"Darya Matyashova","doi":"10.21639/2313-6715.2022.2.12.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.2.12.","url":null,"abstract":"Development of the new technologies in the sphere of artificial intelligence and expanding their application for our everyday life supposes large-scale social and political consequences on the national and global levels. The mentioned above consequences are reflected on cooperative interactions like mutual development of strategies on the level of interstate associations, creating ethical codes of artificial intelligence as well as taking into account destructive tendencies of application of artificial intelligence by terrorist organizations, extremists and conflicting states. It also can be applied for malpractice and social opinion manipulation from the side of transnational IT-corporations etc. The pace of development and spreading of artificial intelligence by users demand, besides comprehension of current trends, prognosis of its dynamics and content taking into account international political and economic challenges that modern society faces. The suggested review of the conference presents the results of the mentioned comprehension and prognosis that were announced by reputable experts in the area of political, legal and technical sciences in the frame of the conference on the basis of XIII International IT-Forum with BRICS and SCO participation.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"114 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":"116588048","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 Role of the Constitutional Court of the Russian Federation in the Formation of the Taxpayer Integrity Concept","authors":"T. Afanasyeva","doi":"10.21639/2313-6715.2021.2.8.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.2.8.","url":null,"abstract":"The article investigates the influence of the positions of the Constitution-al Court of the Russian Federation on the formation of the taxpayer integrity presumption in Russian law. The research is conducted in the context of the implementation and protection of taxpayers` rights. The lack of a uniform un-derstanding of the constitutional principal content determines the problems as-sociated with the legal assessment of the actions of taxpayers aimed at opti-mizing the tax burden. Taking into account the place of the Constitutional Court of the Russian Federation in the political system of the country as the highest body of constitutional control, which approves the principles of legali-ty both in law-making and in law enforcement, it is concluded that the leading role in the formation of the taxpayer integrity concept belong to the Constitu-tional Court of the Russian Federation. At the same time, the analysis of the practical implementation of a number of provisions of the Tax Code of the Russian Federation, their interpretation by the Constitutional Court of the Russian Federation showed a lack of consistency in its positions regarding the assessment of the legality (illegality) of tax benefits. The latter, in turn, has a negative impact on the law enforcement process in the field of taxation and makes us think about the mechanism for reviewing our positions by the Con-stitutional Court of the Russian Federation.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"126 2 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":"123305357","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":"Powers of the Prosecutor in Preparing for Trial in the Legislation of Judicial Reform in the XIX and XX Centuries in Russia [","authors":"E. Varpakhovskaya, V. Derevskova","doi":"10.21639/2313-6715.2021.2.5.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.2.5.","url":null,"abstract":"The subject of the study is the powers of the prosecutor at the stage of preparation for trials, which occupies an intermediate position between the stage of a preliminary investigation and a trial. The authors analyze the legal norms contained in the Statute of Criminal Proceedings of 1864 and related to the powers of the prosecutor at the stage of a trial. It is concluded that the prosecutor had broad powers during the period under review, which was the result of the transition from the investigative to the adversarial form of the process, and the complex procedure of bringing the accused to a trial was aimed at preventing unjustified bringing of the person to a trial. It is indicated that such a decision of the legislator of the XIX century and the powers of the prosecutor at this stage were differently evaluated by contemporaries of the judicial reform of 1864, and are ambiguously evaluated at the present time. The analysis of the Soviet legislation (the Code of Criminal Procedure of the RSFSR of 1922, the Code of Criminal Procedure of the RSFSR of 1923 and Criminal Procedure Code of the RSFSR of 1960), the comparison of the approaches of the previous stage to understanding the role and powers of the prosecutor in the trial stage are carried out. The authors pay attention to the fact that the Soviet legislator retained both the stage itself and its name, but changed the powers in the direction of their reduction, and in comparison with the subsequent stage, the reduction in the powers of the prosecutor was not so significant. It is indicated that initially the Russian legislator, when formulating the provisions of the concept of judicial reform in 1991, sought to abandon the Soviet experience and return to the experience of the Russian Empire, but this did not happen. It is noted that the adopted Code of Criminal Procedure of the Russian Federation of 2001 and the subsequent changes in the criminal procedure legislation were aimed at changing not only the name and content of the stage under consideration, but also reducing the powers of the prosecutor, which are currently mainly implemented during the preliminary hearing.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"2009 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":"129499989","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":"CONCILIATION PROCEDURES IN THE CONCEPT OF THE SUPREME COURT OF THE RUSSIAN FEDERATION","authors":"T. Afanasieva, A. Chirov","doi":"10.21639/2313-6715.2019.1.2","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.1.2","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"9 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":"133277112","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":"Party Acts` Role and Significance in the Prosecutor's Supervision Implementation in the USSR in the 1920s-1930s","authors":"O. Galkin","doi":"10.21639/2313-6715.2021.3.13.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.3.13.","url":null,"abstract":"The subject of the article is the theoretical concepts of the Soviet prosecutor's office regulatory controls and the historical and legal practice of its activities. The chronological framework of the study covers the period from the restoration of the prosecutor's office in 1922 to the completion of the main stage of the prosecutor's offices system reforming, which took place in the 1930s. Attention is focused on the problems of the Soviet prosecutor's office activities regulating by party acts. On the basis of modern historical and legal concepts, published archival documents and materials of the Soviet legal periodical press and scientific literature, the author studies the mechanisms of interaction between the Russian (later – All-Union) Communist Party and the prosecutor's office. The author raises the debatable issue of recognizing the status of the Soviet law source for party acts, and gives additional justifications of their legal nature based on the sources analysis covering the prosecutor's activity. The article analyzes both the practical aspects of the Soviet prosecutor's office work, and their theoretical understanding by contemporary authors. The author substantiates the importance of party acts in consolidating the organizational foundations of the Soviet prosecutor's office and the implementation of prosecutor's supervision, summarizes the range of issues of the prosecutor's office, which were reflected in the decisions taken by the party, confirming the status of the latter as a subject of law-making activity.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"4 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113955850","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":"Corporate Regulation on the Plane of Political Regime: Theoretical and Legal Aspects","authors":"M. Tirskikh, G. Druzhinin, I. Siliveev","doi":"10.21639/2313-6715.2021.3.1.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.3.1.","url":null,"abstract":"The article examines the problems of corporate regulation and political regime mutual influence, and describes the role and place of corporate regulation in the system of social and normative regulation. The corporate law structure is described as a set of corporate and legal norms from the point of view of narrow and broad approaches. Some features of corporate regulation in liberal, democratic, totalitarian and authoritarian regimes are analyzed. It is noted that a democratic political regime is characterized by a variety of corporate structures of a commercial and political nature, the predominance of the dispositive nature of the corporations’ activities legal regulation, and the admissibility of political and public corporations’ broad participation in government. The authors note that in a liberal political regime, there is a high degree of commercial corporations’ autonomy, while limiting the political and social corporations’ activities. The author reveals a variety of approaches to the manifestation of corporate regulation in authoritarian political regimes. It is described that in a totalitarian political regime, corporations actually become a part of the state mechanism, and corporate regulation is actually replaced by direct or delegated regulation of individual executive bodies. It is concluded that there is a connection between the nature of corporate regulation and the political regime of the respective state. It is established that the influence is mutual and stable and is determined both by the properties of certain types of political regimes and by the specifics of national systems of corporate regulation.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"34 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":"116418735","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}