Пролог最新文献

{"title":"Counteraction to the Involvement of Minors in the Illicit Traffic in Narcotic Drugs, Psychotropic Substances and Their Analogues, Сommitted by the Information and Telecommunication Technologies","authors":"E. V. Rogova","doi":"10.21639/2313-6715.2023.2.10.","DOIUrl":"https://doi.org/10.21639/2313-6715.2023.2.10.","url":null,"abstract":"The subject of this article is countering to the involvement of minors in the illicit traffic in narcotic drugs, psychotropic substances and their analogues, committed by information and telecommunication technologies. The authors investigate the state of the problem, the means of criminal legal counteraction, the main causes and conditions of the commission of the crimes under consideration. It is noted that, in general, the means of criminal legislation are adequate to the state of the problem, however, a complex of reasons has formed that contribute to the increase in the involvement of minors in illicit trafficking of narcotic drugs, psychotropic substances and their analogues, committed through the use of information and telecommunication technologies. The authors cite and characterize these reasons. It is noted that the basic determinants are problems in the socio-economic organization of society, and the main catalyst for this negative social phenomenon is the high latency of this type of crime, due to the technical component – the availability of means of operational and anonymous commission of crimes. The complex of the main counteraction measures taken is analyzed, their effectiveness, problems, prospects are determined. Separate issues of the relevant experience of foreign states are considered. Some aspects of the problem and the measures taken are illustrated by statistics and examples of law enforcement activities. The measures that, according to the authors, will contribute to the fight against this type of crime are proposed.","PeriodicalId":471931,"journal":{"name":"Пролог","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135361336","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":"Application of Game-Theoretic Models in Law","authors":"R. V. Cherevko","doi":"10.21639/2313-6715.2023.2.4.","DOIUrl":"https://doi.org/10.21639/2313-6715.2023.2.4.","url":null,"abstract":"The article deals with the application of game theory models in jurisprudence. Although the problem of the application of interdisciplinary methods in law is currently very relevant, in modern Russian legal science, the theory of games has not received proper distribution. In the domestic scientific literature, there are mainly prerequisites for the use of a game-theoretic approach in law, but there is almost no further development of the idea of applying game theory in law. The author sets the task to identify some game-theoretic models that could be useful for jurisprudence. The article evaluates three legal game-theoretic models. These models were divided by the level of subjects participating in legal relations, which is demonstrated by examples. The study also searches for judicial practice in which game-theoretic elements can be found. As a result of the application of game-theoretic models, an analysis of legal relations was carried out, which indicates how the law can interfere in legal relations for more effective legal regulation. It is proved that game theory models are useful for jurisprudence, and the use of a game-theoretic approach in law needs to be developed.","PeriodicalId":471931,"journal":{"name":"Пролог","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135358833","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":"Comparative Legal Analysis of the Constitutional Courts of the Russian Federation and the Republic of Kazakhstan: Procedural Aspect","authors":"B. А. Revnov, D. V. Kokhman","doi":"10.21639/2313-6715.2023.2.6.","DOIUrl":"https://doi.org/10.21639/2313-6715.2023.2.6.","url":null,"abstract":"The authors of this work made an attempt to demonstrate the differences and similarities in the status, composition, structure and powers of the bodies of constitutional justice of the Russian Federation and the Republic of Kazakhstan. Such a comparative legal analysis is in demand by legal science in connection with the significant constitutional reform that took place in Kazakhstan in 2022, as a result of which the Constitutional Court replaced the Constitutional Council. In addition, the Constitutional Laws of the Republic of Kazakhstan \"On the Prosecutor's Office\" and \"On the Commissioner for Human Rights in the Republic of Kazakhstan\" were adopted. In 2020, the Basic Law of the Russian Federation also underwent significant changes. We should not forget about the similarity of the paths of development of constitutionalism in Russia and Kazakhstan, which is due to the Soviet past, close proximity and close cooperation in various fields of activity. The result of the study was the conclusion about the proximity of the Russian and Kazakhstani models of constitutional justice. Despite this, there are quite unique norms that are characteristic of the constitutional acts of each country. Attention is drawn to the differences in the status of constitutional justice bodies, as well as differences in their competence. The procedure for the formation of the Constitutional Courts of the Russian Federation and the Republic of Kazakhstan is different, the issues of ensuring their activities are resolved in different ways. Differences are established in the subject composition that enjoys the right to apply to the Constitutional Court of their state. Identified special conditions for filing a complaint with citizens of Russia and Kazakhstan in the national bodies of constitutional justice.","PeriodicalId":471931,"journal":{"name":"Пролог","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135358156","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 and Technical Features of the Preamble of Normative Legal Acts of the Ministry of Internal Affairs of Russia","authors":"O. V. Kotareva","doi":"10.21639/2313-6715.2023.2.3.","DOIUrl":"https://doi.org/10.21639/2313-6715.2023.2.3.","url":null,"abstract":"The article discusses the technical and legal features of the use of the preamble in regulatory legal acts. The relevance of the topic lies in the unjustified belittling, both by the legislator and by the scientific community, of the meaning of the preamble in the structure of the normative legal act. The insignificant volume of the provisions of the preamble has a huge technical, legal, cultural and educational significance, determines the further mental activity of the subject, contributes to raising the level of legal awareness and legal culture, acts as a means of legal education. The motivational nature of the preamble determines the vector of not only normative and law enforcement, but also interpretative activity. The conducted research made it possible to identify the following technical and legal features of the design of the introductory part of regulatory legal acts: 1) the absence in the rules for the preparation of draft normative legal acts of various levels of imperative inclusion of the preamble in the structure of the document; 2) legislative consolidation of the provision that the preamble does not have the property of normativity; 3) the absence of motives for its adoption among the elements of the introductory part. The imperative provision on the presence of a preamble in the structure of normative legal acts having the highest legal force, as well as the indication in the preamble of the motives for issuing the act, seems theoretically overdue and practically justified.","PeriodicalId":471931,"journal":{"name":"Пролог","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135357799","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":"Some Problems of the Participation of the Prosecutor in the Civil Process","authors":"E. V. Mikhailova","doi":"10.21639/2313-6715.2023.2.8.","DOIUrl":"https://doi.org/10.21639/2313-6715.2023.2.8.","url":null,"abstract":"The article raises the problem of the prosecutor's participation in the so-called «civil process». It is shown that in the framework of civil and arbitration proceedings, a significant number of cases are considered in which the subject of protection is the state interest. At the same time, traditionally, the participation of the prosecutor in the judicial review and resolution of civil cases is reduced to two forms: initiative (initiation of proceedings) and participation in the case for giving an opinion. The scientific literature usually focuses on the fact that in any case, the prosecutor does not protect the interests of a particular person, but implements the function of supervising the legality, including initiating civil cases and participating in them. However, when the State is a party to the case, and the subject of protection is the state interest, the procedural status of the prosecutor should be different. His role in the consideration and resolution of civil cases is similar to the role of the plaintiff, and in this case, being part of the state apparatus, its official, he acts not as a «procedural plaintiff», but as a participant in a legal conflict. It is proved that in civil cases with the participation of the state, the prosecutor should be considered as a «full-fledged» party in the case, with the granting of the whole complex of procedural rights, including special (administrative) rights. The current procedural and legal regulation of the status of the prosecutor's opinion in the civil process, the lack of the prosecutor's right to initiate proceedings in the arbitration court in defense of the rights and interests of subjects of entrepreneurial and other economic activity is criticized. In modern conditions, the interests of protection and state support of entrepreneurship require that small and medium-sized businesses, peasant (farmer) farms and other entities engaged in entrepreneurial and other economic activities can exercise their constitutional right to receive qualified legal assistance. At the same time, the Prosecutor's office should monitor compliance with the legislation regulating entrepreneurial activity, including when considering cases in court. Proposals have been made to improve the current procedural legislation in terms of improving the procedural and legal position of the prosecutor in arbitration and civil proceedings, as well as giving him the legal status of a party in cases involving the state.","PeriodicalId":471931,"journal":{"name":"Пролог","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135355679","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":"Product Liability Law. Legal Practicies and Modern Tendencies of Development","authors":"Y. V. Zemlyachenko","doi":"10.21639/2313-6715.2023.2.5.","DOIUrl":"https://doi.org/10.21639/2313-6715.2023.2.5.","url":null,"abstract":"The presented article is devoted to the issue of protecting Russian consumers of imported goods in the context of large-scale, fundamental changes in the external economic environment against the backdrop of global geopolitical transformations. For the first time in the entire modern history of the Russian Federation, since the change in political and economic courses and the establishment in 1991 of a new market paradigm for the development of an independent state of the Russian Federation, the country has faced the problem of a “break” in cultural and moral ties. The current events of today demonstrate with a high degree of obviousness the extreme degree of neglect of this problem and, as a result, the unprecedented reactionaryness of now political opponents and business partners of Russia, originating from the territory of their countries. Under the veil of non-acceptance of the traditional values of Russian society, Western countries offer an extremely absurd foreign trade agenda - economic sanctions, often forcing national businesses to stop any trade and economic relations with Russian partners. In such conditions, the market, as a living social organism, is looking for options to overcome artificial, contrary to the conditions of healthy competition, barriers to meet consumer demand, including through parallel imports. Taking into account the current situation, there is a need for a legal analysis of the legal consequences for foreign manufacturers as a result of the supply of low-quality goods to the Russian market in the face of economic restrictions on their supply to the exporting country. Based on the basic principles of tort liability for damage caused by defects in goods, works and services, the manufacturer of the relevant product group, regardless of the terms of trade and the nature of the goods, must be liable to persons who have suffered damage as a result of the consumption of the goods produced by him.","PeriodicalId":471931,"journal":{"name":"Пролог","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135357932","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":"Intermediate and Partial Solution Courts of the First Instance in a Civil Case","authors":"V. G. Nestoliy","doi":"10.21639/2313-6715.2023.2.9.","DOIUrl":"https://doi.org/10.21639/2313-6715.2023.2.9.","url":null,"abstract":"The article claims to be scientific novelty. The question is raised about the relationship between the concepts of partial and interim court decisions. A method is proposed to solve the problem: differentiation of the procedural form of a court decision and a court decision as an act of justice. It is emphasized that a court decision as a procedural document is not identical to a judicial decision as an act of justice: a procedural document may lack an act of justice, two procedural documents contain one act of justice, one procedural document may contain several acts of justice. The concept of an interim decision makes it possible to divide court proceedings into proceedings to protect the disputed or violated right to recover a sum of money and proceedings to determine the amount of the amount of money being recovered. Proceedings for the protection of the right to recover a sum of money is a lawsuit, since its task is the protection of a subjective right. The proceedings to determine the amount of the recovered amount are special proceedings, since its task is to establish the actual circumstances. The judicial claim proceedings are terminated by the adoption of an interim decision on the recognition of the right to recovery. After the interim decision comes into force, the interested parties may settle the differences amicably or initiate proceedings to determine the amount of the amount to be recovered. If an interim court decision is an act of justice, then a partial court decision is a procedural document that contains the court's answer to only one of the questions put before the court. The court answers other questions in another partial decision, or an additional decision. The best form of an interim court decision, from the author's point of view, is an interim decision to recover an advance against a monetary amount, the amount of which can be determined by the court in the future. The article names the functions of the advance collected by the interim solution.","PeriodicalId":471931,"journal":{"name":"Пролог","volume":"319 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135358159","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":"Management of Money Issue","authors":"E. L. Vasyanina","doi":"10.21639/2313-6715.2023.2.7.","DOIUrl":"https://doi.org/10.21639/2313-6715.2023.2.7.","url":null,"abstract":"The article discusses the legal aspects of money issue management, examines the economic and legal issues of the use of monetary and budgetary policy instruments. It is proved that the Central Bank of the Russian Federation is not the only regulator of monetary emission, and the list of means of managing the process of creating the solvency of participants in civil turnover is not limited to the provisions of the Federal Law \"On the Central Bank of the Russian Federation (Bank of Russia)\". In addition to the banking system, the budget system participates in the creation of the solvency of economic entities, and the issue of the budget ruble is mediated by a budgetary and legal mechanism. In addition, in the conditions of the modern model of public administration, financial institutions of development play an active role in the management of monetary emission. The use of general logical research methods, including analysis and synthesis, formal legal and comparative legal methods allowed the author to come to the following conclusions: 1) the empowerment of financial development institutions with the authority to allocate budget funds, loans, and in fact the authority to determine the conditions for the emergence and fulfillment of emission financial obligations led to the creation of an alternative legal institution for regulating the process of transferring money to the economy, bypassing the banking and budgetary system; 2) the activation of the process of transferring part of the functions of the Bank of Russia to the Government of the Russian Federation in the context of an unprecedented sanctions regime against Russia will have a positive impact on the formation of a modern legal model of money issue management, since it will limit the independence of the Central Bank of the Russian Federation fulfilling obligations arising from the Articles of the IMF Agreement.","PeriodicalId":471931,"journal":{"name":"Пролог","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135358388","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":"War Through the Prism of International Law in Carl Schmitt's Political and Legal Teaching","authors":"B. A. Antonov","doi":"10.21639/2313-6715.2023.2.1.","DOIUrl":"https://doi.org/10.21639/2313-6715.2023.2.1.","url":null,"abstract":"The article is devoted to the political and legal analysis of Carl Schmitt’s (1888 – 1985) conception of war. Not once did Schmitt appealed to the topic of war arguing that it might be inevitable due to the specification of political reality (according to Schmitt – the concept of the political) characterized by the division into friends and enemies and constant confrontation between them. The author presents a brief genesis of Schmitt’s predecessors’ views on war (from Antiquity to Modernity), gives evidence to the regular transit from one type of war to another (from discriminational to limited and reverse) and on the basis of Schmitt’s teaching systematizes wars according to a number of grounds (legality / acceptability, attitude to a foe and theatre (locus) of military actions). Taking this into consideration, according to Schmitt it is necessary to reconstruct an international-legal order aimed at introducing into it such limitations that could prevent a military conflict from growing into a total war. Schmitt believed that such reconstruction would be possible due to “the reign of relative human reason” rather than to the rule of people (interpreted as international law nowadays). According to Schmitt, such reign could dominate if combatants followed the rules of war fighting rather than under the influence of international organizations. Schmitt allowed the possibility of warfare limitation (by law) in case of waging a duel war only as the latter obtains a limited interstate (European) character and is considered by Schmitt as the greatest achievement of European civilization.","PeriodicalId":471931,"journal":{"name":"Пролог","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135401072","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":"Norm-clause in Russian Legislation: Concept and Essence","authors":"Yu. A. Gerasimenko","doi":"10.21639/2313-6715.2023.2.2.","DOIUrl":"https://doi.org/10.21639/2313-6715.2023.2.2.","url":null,"abstract":"The author has made an attempt to expand knowledge about the specialization of legislation by studying the legal nature and essence of such a kind of legal prescription as a norm-clause. On the basis of a set of research methods and techniques, including dialectical, formal-legal approaches, the method of interpretation, the author puts forward a hypothesis about the possibility of positioning the norm-clause as an independent type of legal prescription, having an accessory character in relation to the basic rule of conduct, and aimed at supplementing and withdrawing in legal regulation. The author pointed out the essential features of the norm-clause, using the achievements of legal doctrine, analyzing the existing views on the legal technique of law-making and relying on examples of legislation and law enforcement practice. These signs make it possible to single out a norm-clause among other special legal norms, to establish its concretizing and detailing meaning, to determine its place among the methods and means of legal influence. As a result, the author's version of the definition of the norm-clause is proposed, which is presented as an accessory element of legal regulation applied in conjunction with the main legal establishment, supplementing, specifying its provision.","PeriodicalId":471931,"journal":{"name":"Пролог","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135358161","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}