Pravo i politika最新文献

{"title":"About the problem of obtaining information necessary to prove the guilt of persons involved in the illegal acquisition, storage and smuggling of wood.","authors":"Andrei Anatol'evich Viatkin","doi":"10.7256/2454-0706.2023.11.68861","DOIUrl":"https://doi.org/10.7256/2454-0706.2023.11.68861","url":null,"abstract":"The subject of the study is the existing practice of investigating crimes related to the illegal acquisition, storage and smuggling of wood, the results of theoretical and applied scientific research conducted in this field. As the main factors determining the existence of the problem considered in the course of the study, the author identifies: the complex nature of criminal actions that precede the illegal export of forest products; the organized nature of criminal activity; a significant amount of information that is subject to analysis as part of the investigation; the concealment by criminals of their awareness of the illegal origin of wood and the illegality of its export. Special attention is paid to the role of witnesses in criminal cases as well as work with them. The scientific novelty of the work lies in the algorithm proposed by the results of the study for obtaining meaningful information, which consists of two stages of investigative work and takes into account the peculiarities of the method of wood smuggling, and is also focused on the above factors. In addition, it allows you to streamline the process of searching, recording and analyzing information that is necessary to solve the problem of proving the guilty of specific persons. Its application is considered by the author on the example of working with certain categories of witnesses, however, it is universal and in practice can be used by the preliminary investigation body when working with various sources of information.","PeriodicalId":473979,"journal":{"name":"Pravo i politika","volume":"56 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":"135455095","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":"Judicial practice and its unity: problems of definition and ways of their solution","authors":"Svetlana Sergeevna Kripinevich","doi":"10.7256/2454-0706.2023.11.68879","DOIUrl":"https://doi.org/10.7256/2454-0706.2023.11.68879","url":null,"abstract":"Emphasizing the importance of judicial practice, the author notes that based on the results of the assessment of various aspects of judicial practice, conclusions are drawn about trends in judicial activity, about the effectiveness of procedural legislation, legislation defining the rules for the formation and functioning of the judicial system, as well as other legal acts, about the level of legality in judicial activity, as well as in the activities of pre-trial proceedings (for example, in the field of criminal justice), ensuring the rights of the individual and on many other issues. Particular attention is paid in the article to the definition of the very concept of \"judicial practice\", based on the identified characteristic features that allowed to reveal its essence and formulate a definition. The study also draws a correlation between \"general applicability\" and such concepts as \"unity of judicial practice\" and \"uniformity of judicial practice\". In his research , the author comes to the following conclusions: 1. Judicial practice is a set of any procedural acts created in the course or as a result of judicial activity. Judicial practice should include both court decisions (final or interim) and protocols of judicial actions, as well as other documents that may become the basis for the occurrence of legally important consequences. 2. General applicability is considered as the possibility of using the results of one judicial body by other courts in their procedural activities. 3. The unity of judicial practice is considered as a property that is not inherent in judicial practice by definition, but it is a necessary quality that is subject to formation in judicial practice by taking appropriate measures on the part of the authorized judicial body","PeriodicalId":473979,"journal":{"name":"Pravo i politika","volume":"51 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135456161","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":"Constitutional amendments as a mechanism to pursue different goals in the context of internal and external challenges","authors":"Francisco Javier Brambila Martinez","doi":"10.7256/2454-0706.2023.10.44172","DOIUrl":"https://doi.org/10.7256/2454-0706.2023.10.44172","url":null,"abstract":"This article reviews the constitutional evolution of Russia and Mexico in order to determine the causes for their current differences regarding their policies and governance systems after sharing similar characteristics during their political and economic liberalization period over three decades ago. The subject of this research are constitutional amendments, their frequency by type (article or section) and initiators (institutions and actors) in both countries. Results are compared with the main theories of the main experts in the field as well as speeches by leading government figures to identify and explain discrepancies. The goal consists in finding the causes and purposes of constitutional amendments to determine a hierarchy of actors and their capacity and instruments required in establishing national policies. In order to achieve the research goal, the author carries out a comparative analysis regarding the evolution of both nations at a political and constitutional level, furthermore, external threats are analyzed regarding their ability to influence the decisions behind the main actors regarding the overall course of both nations. In conclusion, the author underlines the importance in initial position of the country within the larger order of nations as a determinant in its course regardless of the implementation of foreign policies and practices. In the same manner, the role of the Mexican and Russian presidents as regulators of the internal power dynamics and overall system of governance is noted in both countries. This article represents a conceptual framework for supporting constitutional studies in the context of comparative analysis to assess the capacity of government institutions in reacting to the challenges of their external context. The detailed theoretical and practical approach towards analyzing constitutional amendments was conducted by means of comparing a quantitative and qualitative analysis that allowed determining the prospects of a standardized system for future comparative studies.","PeriodicalId":473979,"journal":{"name":"Pravo i politika","volume":"71 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":"136152687","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 powers of the prosecutor to initiate disciplinary proceedings","authors":"Aleksei Yur'evich Usov","doi":"10.7256/2454-0706.2023.10.68746","DOIUrl":"https://doi.org/10.7256/2454-0706.2023.10.68746","url":null,"abstract":"The object of scientific research is the social relations that develop in the sphere of application by prosecutors of the Russian Federation of powers to initiate disciplinary proceedings. The subject of the study is the practice of prosecutor's offices of the Russian Federation in bringing guilty persons to disciplinary liability, legislation of the Russian Federation and foreign countries, organizational and administrative documents of the Prosecutor General of the Russian Federation, works of scientists related to the topic of research. The methodological basis of the research includes the dialectical method, methods of analysis, synthesis, analogy, deduction, induction, observation, modeling, historical, comparative legal, statistical and other methods. The main conclusions of the study are to substantiate the mandatory requirement of the prosecutor to bring the perpetrators to disciplinary liability, since this is dictated not so much by the formal requirements of statistical reporting, but by the need to ensure the prevention of law violations. The scientific novelty lies in the proposals formulated by the author to legislatively consolidate the powers of the prosecutor or his deputy to initiate disciplinary proceedings, mandatory for the authorities specified in paragraph 1 of Article 21 of the Federal Law of January 17, 1992 No. 2202-1 “On the Prosecutor’s Office of the Russian Federation”. The work contains specific proposals for amending Article 21 of the Law on the Prosecutor's Office.","PeriodicalId":473979,"journal":{"name":"Pravo i politika","volume":"50 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":"136055096","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 need to clarify the understanding of the category of public-private partnership in domestic legislation","authors":"Ivan Nikolaevich Makarov, Artem Sergeevich Shelud'ko, Elena Valer'evna Drobot","doi":"10.7256/2454-0706.2023.10.44067","DOIUrl":"https://doi.org/10.7256/2454-0706.2023.10.44067","url":null,"abstract":"The subject of the study is public-private partnership as a legal category. It should be noted that the introduction of the PPP system into the Russian legal system (practice) has become one of the most important decisions taken by the government to stimulate the economic growth of the country. The authors analyze the essence and interpretation of public-private partnership as a complex economic and legal phenomenon that constitutes the interaction of the state and private sector entities in the framework of the implementation of socially significant projects. The research methodology is based on the use of general scientific and private scientific methods (analysis, comparison, generalization, etc.), methods of studying the genesis of the phenomenon, interpretation of the structure and content of political and legal doctrines, as well as comparative and structural analysis, allowing to reveal the essential characteristics of the phenomenon under study. As a scientific novelty, the authors propose a number of additions to the Federal Law-224, including an augmented approach to the definition of public-private partnership. The authors noted that the criterion for generating goods (public, as well as mixed and mixed communal goods), in particular, during the implementation of other forms of agreements, should become a criterion for separating other forms of agreements between the state and representatives of the private sector – economic entities and what can (should) be classify it as a quasi-PPP, and the presence of 2 other signs is a dividing line between a quasi–PPP and a \"full-fledged\" public-private partnership.","PeriodicalId":473979,"journal":{"name":"Pravo i politika","volume":"128 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":"135607160","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":"About the realism of legal realism","authors":"Vladimir Sergeevich Gorban, Vladimir Sergeevich Gruzdev","doi":"10.7256/2454-0706.2023.10.68817","DOIUrl":"https://doi.org/10.7256/2454-0706.2023.10.68817","url":null,"abstract":"The article discusses the problems of clarifying the nature, content and orientation of legal realism, which has become a popular modern approach to understanding law, primarily related to the history of legal thought in the United States, as well as the works of some Scandinavian authors of the twentieth century. The article demonstrates that legal realism in the interpretation of American and Scandinavian authors often reproduces realism in a peculiar way as a technique of epistemological and ontological nature. As a kind of original paradigm for understanding issues of legal practice and overcoming gaps in legal regulation, American legal realism can be an interesting object of study, however, as a theoretical concept or methodological technique, it has many vulnerabilities, which are especially evident when properly reconstructing the history of legal thought. The novelty of the research lies in highlighting the problems of legal realism from a critical position, both in terms of its name and semantic content. The study draws parallels between the ideas of Marxism about the prospect of the extinction of over-the-top phenomena, such as law, and the slogans of American legal realists about the need to fight theory and conceptualism. New directions and perspectives of the analysis of the history of legal thought of the twentieth century are outlined, which make it possible to more accurately identify the actual scientific and cognitive potential of approaches claiming a realistic understanding of law. It is shown that the requirement of reasonableness and overcoming excessive dogmatism are a cross-cutting theme for the history of legal thought.","PeriodicalId":473979,"journal":{"name":"Pravo i politika","volume":"12 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":"136153880","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":"Superficies in foreign countries: history and modernity.","authors":"Roman Viktorovich Sekretaryov","doi":"10.7256/2454-0706.2023.10.44162","DOIUrl":"https://doi.org/10.7256/2454-0706.2023.10.44162","url":null,"abstract":"The institution of superficiality originated in Ancient Rome and exists in various models today in the legal systems of many countries, which proves the high value and universality of this legal structure. He was analyzed as classics of the law of the past centuries, and there are modern leading civilists. However, as our research has shown, not all the achievements of foreign specialists in the field of civil law are available to domestic theorists. This is explained both by the significant amount of accumulated information itself and by the difficulty of choosing it when preparing specific scientific publications. The author understands the monumentality of the raised problem and sought to focus on those aspects of it that other Russian scientists do not always pay attention to in their publications. The novelty of the undertaken research is the introduction into the domestic scientific circulation of modern English-language publications on the legal regulation of superficies in the countries of Eastern and Central Europe and Japan. The relevance of the article is seen in an attempt to use the examples of foreign legislation to assess the prospects for using this concept to improve Russian legislation. In addition to the formal legal method, which is traditionally the main tool for the author, the comparative legal method, typology and classification were used in the preparation of the article. The object of the study is legal relations mediated by the institute of superficies. The subject of the study is the legislative acts of modern foreign states and the norms of law governing super-official relations in earlier historical periods.","PeriodicalId":473979,"journal":{"name":"Pravo i politika","volume":"52 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":"136129746","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 legal regulation of public events at the present stage","authors":"Elena Leonidovna Ivanova, Aleksei Evgen'evich Tol'zak","doi":"10.7256/2454-0706.2023.9.40662","DOIUrl":"https://doi.org/10.7256/2454-0706.2023.9.40662","url":null,"abstract":"The subject of the study is the legal regulation of public relations arising in the process of realization by citizens of the Russian Federation of the constitutional right to participate in public events. Over the past decade, the legislation regulating the exercise by citizens of the Russian Federation of the constitutional right guaranteed by Article 31 of the Constitution of the Russian Federation has undergone significant changes. The development of socio-political processes inevitably leads to the emergence of new forms of public events, the need for legal regulation of which is still subject to comprehension in legal science. The conducted research of certain issues of legal regulation and practice of holding public events allows us to identify possible prospects for the development of legislation on public events, as well as to make suggestions for improving its current provisions. Research methods: the study was conducted using classical general scientific and special legal methods of cognition (historical, logical, including systemic, formal-legal, hermeneutic, etc.) in combination with an interdisciplinary approach (assessment of legal phenomena through the prism of social and political factors). Of particular importance for the purposes of this study is the method of comparative jurisprudence, which allowed us to establish trends in the development of legal regulation of the procedure for holding public events in foreign countries. The novelty lies in the proposals formulated by the authors of the article to improve the provisions of Federal Law No. 54-FZ of June 19, 2004 \"On Meetings, rallies, demonstrations, processions and picketing\".","PeriodicalId":473979,"journal":{"name":"Pravo i politika","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135686496","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":"Environmental conflicts in the Arctic zone of the Russian Federation in the field of energy, economic and environmental security","authors":"Nikolai Kudelkin","doi":"10.7256/2454-0706.2023.9.44121","DOIUrl":"https://doi.org/10.7256/2454-0706.2023.9.44121","url":null,"abstract":"The subject of the article is the provisions of strategic planning documents in the field of ensuring national, environmental, energy and economic security, as well as the provisions of strategic planning documents dedicated to the Russian Arctic. The purpose of the work is to study the above-mentioned documents, identify environmental conflicts consisting in their provisions and develop proposals for their resolution and prevention. The methodological basis of the study is based on the system of methods, means of cognition and logical techniques, in the process of work general scientific, private and special methods were used. Such as synthesis, analysis, deduction, analogy, induction, formal legal and others. The relevance of the research topic is indicated by the fact that the Arctic plays an important role in ensuring Russia's strategic national interests in such areas as the economy, transport, environmental protection, defense, and a number of others. Many aspects of Russia's national security depend on the state of the environment of the Russian Arctic, as well as on the implementation of economic activities on its territory, therefore, the resolution and prevention of environmental conflicts concerning this region is an important and urgent task, since without a balance of interests in this area, both the sustainable development of the Russian Arctic and preservation of its unique natural environment seems unlikely. The paper concludes that in order to resolve the main law-making environmental conflict that takes place in the strategic documents under consideration, it is necessary to exclude from the list of threats (challenges) to economic and energy security such a factor as redundancy of requirements in the field of environmental safety and the increase in the costs of their implementation. In turn, in order to ensure a balance of interests in the implementation of nature management and environmental protection in the Russian Arctic, it is proposed to use the best available technologies, as well as the natural and ecological framework of the territory.","PeriodicalId":473979,"journal":{"name":"Pravo i politika","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135637759","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 works of Professor A. S. Smykalin on canon law and state-confessional relations: ad deliberandum.","authors":"Roman Viktorovich Sekretaryov","doi":"10.7256/2454-0706.2023.9.44028","DOIUrl":"https://doi.org/10.7256/2454-0706.2023.9.44028","url":null,"abstract":"The object of the study is the state-confessional relations in Russia at the present stage. The subject of the research is state (secular) legal acts regulating the legal status of religious organizations, the norms of canonical (church) law, as well as the works of Professor A. S. Smykalin, in which the scientist explores the stated topics and gives a legal assessment of both public relations in which the state and religious organizations interact, and intra-church legal phenomena (internal the institutions of religious organizations). In preparing the work, the author sought to follow the principles of scientific objectivity and consistency, primarily using the formal legal method in analyzing the norms of secular legislation and the comparative method in comparing secular legislation and canonical (ecclesiastical) law. Since a significant part of the professor's work is interdisciplinary (at the intersection of jurisprudence and history), historical and functional methods of cognition were also used. The scientific novelty of the undertaken research is the theoretical understanding of modern state-confessional relations through the prism of the works of Professor A. S. Smykalin. The reference ad deliberandum (\"to reflection\") in the title of the article is made in order to formulate the author's opinion on particular issues. The author considered it possible not to limit himself to references to the research results of a prominent scientist, but also to express his own point of view on the phenomena under consideration, focusing on the most problematic points.","PeriodicalId":473979,"journal":{"name":"Pravo i politika","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135686721","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}