Ûridičeskie issledovaniâ最新文献

{"title":"Features of legal regulation in the context of a pandemic.","authors":"Tatiana Shmidt","doi":"10.25136/2409-7136.2023.11.44075","DOIUrl":"https://doi.org/10.25136/2409-7136.2023.11.44075","url":null,"abstract":"This article analyzes the key vectors of the impact of extraordinary circumstances on the legal regulation. Particular attention is paid to the influence of the COVID-19 pandemic as a sample of natural unforeseen conditions that greatly affected the legal framework. The impact of the exceptional circumstances on the legal regulation determines the trends in the development of domestic legislation in this area. The author studied the set of legislative acts adopted during the coronavirus pandemic. Within the framework of the research methodology, general scientific methods (synthesis, induction-deduction approaches, generalization, etc.) and specialized methods (formal legal, comparative legal, etc.) were used. The study identified key areas of the impact of emergency circumstances on the legal framework during the coronavirus pandemic, the analysis of the impact of which serves as a basis for the subsequent development of legal regulation in such situations. The impact of the coronavirus pandemic, as a sample of natural exceptional conditions, acts in increasing the scope of legal regulation, which causes the expansion of the regulatory framework; the development of legal regulation outside the specified area; increased activity in the use of quasi-legal mechanisms; modification of the boundaries between mandatory and optional legal regulation; blurring the boundaries between individual legal areas through formation of new \"cyclical legal segments\"; modification of the legal framework as a whole.","PeriodicalId":471695,"journal":{"name":"Ûridičeskie issledovaniâ","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135566566","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":"Problematic aspects of the practice of reducing penalties in Russian civil law","authors":"Mariya Vladimirovna Vronskaya, Yuliya Vasil'evna Ekhlakova","doi":"10.25136/2409-7136.2023.11.68914","DOIUrl":"https://doi.org/10.25136/2409-7136.2023.11.68914","url":null,"abstract":"The established practice of applying Articles 330-333 of the Civil Code of the Russian Federation does not always contribute to the effective use of penalties to ensure the fulfillment of obligations. This may be due to the lack of a legal definition of \"lost profit\" in the law, clear criteria for the apparent disproportionality of the penalty to the consequences of non-fulfillment of the obligation, with the presence in Article 330 of the Civil Code of the Russian Federation of the evaluation category \"apparent disproportionality\", which the courts interpret differently, and sometimes bypassing explanations on this score of higher judicial instances. Legal uncertainty is created by the norms of Parts 1 and 2 of Article 333 of the Civil Code of the Russian Federation, which do not allow making an unambiguous conclusion about the legality of applying their provisions to reduce the legal penalty to persons engaged in entrepreneurial activity. The subject of scientific research is to identify problematic issues of law enforcement practice to reduce the penalty in accordance with Article 333 of the Civil Code of the Russian Federation. The paper uses formal legal and comparative legal analysis of judicial practice in order to formulate the author's conclusions regarding the subject of the study.Through the application of this methodology, it was established that the courts are based on the norms of Articles 330-333, 394 of the Civil Code of the Russian Federation, explanations of the Plenum of the Supreme Court of the Russian Federation No. 7 of 03/24/2016, No. 81 of 12/22/2011, acts of the Constitutional and Supreme Arbitration Court of the Russian Federation, as well as on the provisions of federal laws and other regulatory legal acts, however, the practice of applying Part 1 of art. 333 The Civil Code of the Russian Federation in relation to persons engaged in entrepreneurial activity is dichotomous, there is no uniformity. According to the results of the study, problems were identified, solutions were proposed, expressed in the consolidation in Article 333 of the Civil Code of the Russian Federation of clear grounds (criterion) for reducing the penalty in order to avoid excessively broad judicial discretion, and in fact arbitrary judicial interpretation of the apparent disproportionality of the penalty to the consequences of non-fulfillment of the obligation.","PeriodicalId":471695,"journal":{"name":"Ûridičeskie issledovaniâ","volume":"75 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135668836","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 victim as a part of the crime concept in the medieval criminal legislation of Russia","authors":"Ilya Nikolaevich Ulitin","doi":"10.25136/2409-7136.2023.10.68796","DOIUrl":"https://doi.org/10.25136/2409-7136.2023.10.68796","url":null,"abstract":"The author examined the place of the victim in the crime notion according to medieval Russian legislation. The author notes that the medieval period is an important stage in the development of criminal law. The analysis of the Russian medieval criminal law allowed to establish the origins of of modern criminal law, to identify the causes and regulation of the modern understanding of the victim within the framework of the Criminal Code of the Russian Federation. In the study, the author limits himself to the analysis of the Russian Pravda in three editions (Short, Long and Abridged), the Pskov Judgment Charter and the Code of Laws, since they are the main written monuments of law in legal history of Russia. The article reveals significant number of scientific works related to the doctrine of the victim. This allows to talk about the sustainable development of a conceptual apparatus, as well as the development of a system of scientific views that can be incorporated into a scientific school. Based on the results of the study, the author draws a number of conclusions. In particular, it is indicated that the understanding of the legal status of the victim in medieval legislation largely comes down to criminal procedure. At the same time, there are provisions indicating that the victim is secured in the substantive and legal aspect. Victims within the framework of medieval legislation can be differentiated according to two characteristics - social and physical. The latter, includes in particular social characteristics such as marital status, profession, nationality, social status, and physical characteristics – helplessness, gender. A comparative analysis of the modern legal regulation of the traits of a victim within the framework of the Criminal Code of the Russian Federation compared to the provisions of medieval legislation demonstrates their undoubted continuity. This is observed, in particular, when regulating specially qualified and privileged crimes.","PeriodicalId":471695,"journal":{"name":"Ûridičeskie issledovaniâ","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136161030","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 realization of the constitutional right to education in Russia","authors":"Zelim Uruzmagovich Dzodzikov","doi":"10.25136/2409-7136.2023.10.68760","DOIUrl":"https://doi.org/10.25136/2409-7136.2023.10.68760","url":null,"abstract":"The problems of realization of the right to education guaranteed by the Constitution of the Russian Federation are characterized by interdependence, mutual influence and multiplicity. Quotas and segmentation in the higher education system are not new and are already known from the pre-revolutionary and Soviet periods of our country's history. The recent expansion of the number of categories of persons eligible for quotas for admission to universities requires participants in the education system to take measures to predict and prevent possible adverse events during and after training, as well as during the process of filling budget places according to quotas. It is noted that the post-traumatic stress disorder of combatants seriously impedes the assimilation of educational material, social interaction, mental, emotional and psychological health in general. To date, a change in the profile of the applicant and graduate is predicted (including their psychophysical qualities), in this regard, a change in the level of quality of training of professional personnel. Taking into account foreign experience in adapting the higher education system for veterans, the need for the formation of tools in the education system for socio-psychological, methodological (tutor) support and social support of veteran students is emphasized. The author comes to the conclusion that in order to solve the problems, it is necessary to implement comprehensive strategies and programs taking into account various aspects of education and thereby ensure universal access to quality education and the realization of the full constitutional right to education in the Russian Federation.","PeriodicalId":471695,"journal":{"name":"Ûridičeskie issledovaniâ","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136198593","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":"Seizure of the property as a measure to ensure the fulfillment of civil law obligations","authors":"Roman Borisovich Kulichev","doi":"10.25136/2409-7136.2023.10.40768","DOIUrl":"https://doi.org/10.25136/2409-7136.2023.10.40768","url":null,"abstract":"The subject of this article is the consideration of the seizure of property as a measure applied by the authorized body to ensure the fulfillment of the debtor's civil obligations. The purpose of the research is to study the legal institution of property seizure as a measure to ensure the fulfillment of the debtor's obligations, to identify legal problems in the law enforcement of this instrument, and to propose ways to resolve them. To achieve this goal, the author analyzes the normative legal acts of the Russian Federation regulating the procedure for the application of seizure, explores the legal essence of seizure in civil law relations, identifies the signs of arrest and the differences between arrest and the prohibition of registration actions, considers the legal problems arising from its application. In the research, the author uses such methods as analysis, synthesis, deduction and comparison. The relevance of the article lies in the fact that the use of arrest as a measure to ensure the fulfillment of the debtor's obligations entails restrictions in the exercise of property rights. The unjustified application of property seizure that does not belong to the debtor, creates legal difficulties for a bona fide acquirer in the exercise of property rights, which entails an appeal to the court for the protection of the violated right. Despite the widespread use of seizure as a measure aimed at ensuring the fulfillment of the debtor's obligations, there is no legal concept of this type of security in the legislation of the Russian Federation. The consequence of this circumstance is the application under the guise of seizure of other measures related to the limitation of the of property rights, entailing the incorrect application of the norms of substantive and procedural law. Based on the results of the study, the author forms the doctrinal concept of seizure as a measure to ensure the fulfillment of obligations and makes proposals to protect the rights of bona fide property owners.","PeriodicalId":471695,"journal":{"name":"Ûridičeskie issledovaniâ","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135963219","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":"Certain problems of qualifying evasion from serving a sentence of imprisonment (Part 2 of Article 314 of the Criminal Code of the Russian Federation)","authors":"Leonid Yur'evich Ligai","doi":"10.25136/2409-7136.2023.10.68732","DOIUrl":"https://doi.org/10.25136/2409-7136.2023.10.68732","url":null,"abstract":"The subject of the study is the criminal law norm establishing criminal liability for evasion from serving a sentence of imprisonment (Part 2 of Article 314 of the Criminal Code of the Russian Federation), the practice of applying this norm, issues of improving the text of Part 2 of Art. 314 of the Criminal Code of the Russian Federation. The purpose of the work is to identify problems that arise in the process of qualification and differentiation from related crimes (Article 313 of the Criminal Code of the Russian Federation). The penal legislation is analyzed regarding the provision of travel for convicts outside the correctional institution. The research methodology is based on general scientific (logical, systemic, analysis, interpretation, generalization) and special scientific (specific sociological, formal legal) methods. The relevance of this study is due to the presence of emerging contradictory judicial practice in cases of evasion from serving a sentence of imprisonment (Part 2 of Article 314 of the Criminal Code of the Russian Federation). The necessity is substantiated for the mandatory establishment of the legality of the grounds for the convict’s departure from the correctional institution in order to carry out a fair classification of the criminal act. In support of the theses presented, statistical data on persons prosecuted under the criminal law norm in question is provided. Proposals have been formulated to improve the text of Part 2 of Art. 314 of the Criminal Code of the Russian Federation regarding the failure to appear at the relevant body of the penal system of a person sentenced to imprisonment, who has been granted a deferment of execution of a sentence or serving a sentence, upon expiration of the deferment period.","PeriodicalId":471695,"journal":{"name":"Ûridičeskie issledovaniâ","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136198596","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":"On the Expediency of Introducing Criminal Responsibility for Inciting Suicide or Assisting Suicide: a Critical Analysis and Suggestions for Improving the Law","authors":"Violetta Vladislavovna Ivashchenko","doi":"10.25136/2409-7136.2023.10.39352","DOIUrl":"https://doi.org/10.25136/2409-7136.2023.10.39352","url":null,"abstract":"In this article, the author examines the issues of historical, social and legal conditionality of introducing criminal liability for inciting suicide or assisting suicide in the Criminal Code of the Russian Federation, analyzes the objective signs of the main offenses, including from the point of view of using legal techniques. A comparative study of methods of inciting suicide (Article 110 of the Criminal Code of the Russian Federation) and inducing or facilitating suicide (110.1 of the Criminal Code of the Russian Federation) is being carried out. The problems of correct qualification and differentiation of the specified components of crimes are revealed, as a result of which the problems of law enforcement activities are critically assessed. When writing a scientific work, the author used dialectical, logical, statistical, hermeneutic, formal legal, historical and legal research methods. The degree of study of the problems raised in the article is represented by scientific research of such figures of law as Ustinova T.D., Artyushina O.A., Filippova S.V., Eliseeva N.M. and others. Based on the results of the study, the author comes to conclusions about the spontaneous nature of the adoption of legislative amendments to the criminal law, the insufficient elaboration of the provisions in terms of the rules of legal technique. It is concluded that the differentiation of competing elements of criminal acts occurs according to the signs of the objective side, namely, based on the method of committing illegal acts. The novelty of the study is expressed in the author's proposals for reforming and improving the criminal law regulation of the crimes in question. Based on the results of the analysis, the author of this study proposes to reform the existing version of Article 110.1 of the Criminal Code of the Russian Federation, providing for changes that will make it possible to more effectively apply these provisions of the law in practice.","PeriodicalId":471695,"journal":{"name":"Ûridičeskie issledovaniâ","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136198597","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":"Criminological portrait of the identity of the bribe-taker serving in the internal affairs bodies","authors":"Ekaterina Alekseevna Shirshanova","doi":"10.25136/2409-7136.2023.10.44073","DOIUrl":"https://doi.org/10.25136/2409-7136.2023.10.44073","url":null,"abstract":"The object of the study is employees of the internal affairs bodies who commit a crime under Article 290 of the Criminal Code of the Russian Federation \"Receiving a bribe\". The author considers the concept of \"personality\" not only from the point of view of criminology, but also sociology, psychology, which allows to characterize the personality of a criminal not only from a legal point of view. The author examines the characteristics of the criminal's personality, studied by criminologists, as well as the characteristics that the author identifies based on the analysis of existing judicial practice. Special attention in the course of the study is paid to the identification of those characteristics that are inherent in an employee of the internal affairs bodies, as a special subject of the crime under consideration. The main contribution of the research conducted by the author is the compilation of a criminological portrait of the personality of a criminal - an employee of the internal affairs bodies committing a crime under Article 290 of the Criminal Code of the Russian Federation \"Receiving a bribe\". The criminological portrait of the criminal's personality is based on empirical data obtained by studying criminal cases in the district courts of the city of St. Petersburg, as well as other regions (using the electronic system of normative and legal acts \"Sudakt\") in the number of 107 criminal cases in the period from 2017 to 2022. The author confirms the theoretical hypotheses put forward by the author concerning certain characteristics of the criminal personality of an employee of the internal affairs bodies with concrete examples from the investigated criminal cases.","PeriodicalId":471695,"journal":{"name":"Ûridičeskie issledovaniâ","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136198864","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":"Formation of the psychology of a person committing official violent crimes (on the example of an employee of the internal affairs bodies): worldview and behavior","authors":"Rushan Radikovich Galiautdinov","doi":"10.25136/2409-7136.2023.10.44088","DOIUrl":"https://doi.org/10.25136/2409-7136.2023.10.44088","url":null,"abstract":"Psychological features of the criminal's personality are important for the subjective side of the crime, and functional features determine the mechanism of the crime. Information about the official himself, as a criminal's personality, about his psychological traits and properties, including worldview and behavior, play a role in determining the subjective side of the crime from the target and motivational sphere, and the functional characteristic, in turn, determines the mechanism of committing an official violent crime, ways of concealing it, features of the mechanism of trace formation and others distinctive features of such crimes. This functional factor of official authority necessarily affects the structural and content specifics of the categorical system of personality and its dynamics. The novelty of the topic of the publication is due to the need to study the formation of the personality of a criminal official. The need to answer the question: \"How was the personality of a person who commits official violent crimes formed?\" led to the conduct of this study. The purpose of this publication is to determine the formation of the worldview and behavior of an official who commits violent crimes. On the basis of theory and law enforcement practice, the key directions of the worldview and behavior of the person are identified, the process of worldview is described and auxiliary questions are given in the article, the connection between professional deformation and worldview is established by the author and the key directions of behavior of an official are highlighted.","PeriodicalId":471695,"journal":{"name":"Ûridičeskie issledovaniâ","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136198869","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 countering crimes committed using IT technologies","authors":"Timur Firudinovich Aliev","doi":"10.25136/2409-7136.2023.10.44173","DOIUrl":"https://doi.org/10.25136/2409-7136.2023.10.44173","url":null,"abstract":"The subject of this study is the specifics of countering crimes committed using IT technologies. The purpose of the work is to consider and resolve certain aspects of countering IT crimes. The research methodology is based on general scientific and private scientific methods of cognition - dialectical, logical, statistical, comparative legal, formal legal. The relevance of the chosen topic has both theoretical and practical aspects of significance in modern realities. Thus, in the context of the informatization of society, it is important to protect information security from cyber threats. Unfortunately, in the modern world, information technologies are used not only by law-abiding citizens, which raises the question of ensuring national cybersecurity. To date, this type of crimes is interstate in nature due to the large number of their commission. Cybercrime is growing on a large scale, and this is confirmed by the following statistics: from 2014 to 2022, an almost fifty-fold increase in IT crimes was recorded (10 thousand against 510 thousand cybercrimes). The author of the presented article came to the conclusion that countering IT crimes should be carried out taking into account scientific and technological progress. Studying international experience, analyzing modern domestic methods of combating this category of crime, the author became convinced that it is important to use digital technologies in countering IT crimes, the use of which will help reduce both the number of commission of this kind of criminal acts and increase the percentage of detection of this category of crime. The author illustrates examples of how artificial intelligence can serve as a \"faithful assistant\" in the domestic practice of countering IT crimes. In addition, the priority is to improve the knowledge and skills of law enforcement officers to counteract this category of crime, at the same time it is necessary to carry out preventive measures to inform the population about the main criminal schemes of intruders.","PeriodicalId":471695,"journal":{"name":"Ûridičeskie issledovaniâ","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136198325","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}