Российское правосудие最新文献

{"title":"Termination Indemnity is a Universal Way of Cease of Obligations in Russian Civil Law","authors":"Yuri Е. Monastyrsky","doi":"10.37399/issn2072-909x.2023.10.64-71","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.10.64-71","url":null,"abstract":"The obligatory claim is the most important mass property value in contemporary civil turnover. It has unlike choses its intangible nature and special regime of its emergency and termination. Stability of commercial ties is also dependent on universal tool of discontinuance of obligation in line with subsequent agreements or legally designated events. Termination indemnity can be considered as such. In accordance with article 409 of RF Civil Code it can be established by an agreement. Due to authors opinion that should not be interpreted contra legem.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136378992","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 Concept of Training Legal Personnel: Some Approaches to the Formation","authors":"Tatiana V. Kazanina, Rosalina V. Shagieva","doi":"10.37399/issn2072-909x.2023.10.11-20","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.10.11-20","url":null,"abstract":"Global challenges and threats to the Russian state have determined the need to discuss the strategy for the development of higher education, clarify approaches to the organization and assessment of the level of training. Within the framework of this article, the authors propose some approaches to the formation of the concept of training legal personnel, taking into account the experience of implementing educational programs, including the formulation of principles, main tasks and activities, as well as criteria for assessing the quality of training.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136379137","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":"Training of Personnel for the Judicial System of the Far East in the 1920s","authors":"Tatiana A. Ornatskaya","doi":"10.37399/issn2072-909x.2023.9.21-28","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.9.21-28","url":null,"abstract":"The system of domestic education, including legal education, has been in a state of transformation since the early 1990s. Copying the Western structure, returning to the origins of the domestic education system of the younger generation, have not yet formed clear trajectories of further movement among the representatives of the leadership of the educational system of the Russian Federation. In our opinion, in order to understand the processes currently taking place and predict the directions of development of domestic legal education in new conditions, it is important to study the experience of the transformation of legal education during the change of the form of the state in Russia, in the conditions of radical political transformations, the construction of the Soviet legal system. The presented article highlights the problems of the formation of the training of specialists of the judicial system of the Far East. The authors, using archival material, reveal the process of completing courses, pay attention to the academic disciplines taught, report on the problems of students’ academic performance. The results of the functioning of the course system for judges of the Far East, which operated in the 1920s, are summarized. The authors come to the conclusion that the systemic disintegration of the structure of social and political life created by October 1917 the prerequisites for the beginning of revolutionary events and marked the transition from one paradigm to another, characterized by a change in the state structure, ideology, political, economic and social relations. The educational space, being a part of public life, is generated on the basis of a set of ideological and state attitudes, therefore it has also been involved in the transformation process. The establishment of Soviet power in the Far Eastern region contributed to the opening of prospects for the development of legal education in the period under study. Despite the Bolsheviks’ rejection of the right of the Russian Empire, a new legal concept was gradually emerging, forming and developing. On its basis, the entire system of legal training of specialists for the Soviet judicial authorities was transformed.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136064640","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 Relationship of the Residential Lease Agreement and the Hotel Services Agreement","authors":"Natalya M. Rybina","doi":"10.37399/issn2072-909x.2023.9.70-76","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.9.70-76","url":null,"abstract":"There are a lot of difficulties with the qualification of contracts in law enforcement practice, which is explained by the complexity and the constant development of economic relations. One of the problems recently encountered by domestic courts relates to the distinction between the contract of rental accommodation and the contract of hotel services. At the moment there is no unity of the courts’ positions on the criteria of differentiation of these contracts, which requires a scientific assessment of this issue. The aim of the article was to form a theoretically grounded approach to the criteria of delimitation of the contract of lease of residential premises and the contract of hotel services. In order to achieve this aim we have set the following tasks: 1) to determine the features of the contract of tenancy and the contract for hotel services; 2) to explore the approaches existing in judicial practice; 3) to formulate criteria for distinguishing these contracts. The article was prepared with the use of general scientific methods (system, logical) and special legal methods (comparative-legal, formal-legal). The author comes to the conclusion that when differentiating a residential lease agreement and a hotel services contract, one should proceed from the presence or absence of a purpose of residence, which is characterized by a long-term legal relationship, the binding of a citizen to a given locality and independence in maintaining the premises in a condition suitable for living and meeting household needs.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136064635","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 Basis of Criminal Liability under the Criminal Code of the Russian Federation","authors":"Boris V. Yatselenko","doi":"10.37399/issn2072-909x.2023.9.102-109","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.9.102-109","url":null,"abstract":"Theoretical and applied problems of criminal liability are investigated with an emphasis on the features of doctrinal interpretation and regulatory regulation of its basis. The scientific understanding of the stated problem was aimed at expanding the extensive fundamental knowledge already achieved by criminal law thought about criminal responsibility and the mechanism of its implementation. Within the framework of the research objectives, by means of a systematic, functional and logical-legal analysis of such fundamental concepts of criminal law as crime and corpus delicti, their significance for the formation of the basis of criminal responsibility is revealed. The conclusion is substantiated that the socially dangerous act provided for in Article 8 of the Criminal Code of the Russian Federation and the actual composition of the crime contained in it form an indissoluble unity of the crime as the basis of criminal liability. Based on interpretation According to the legal positions of the Constitutional Court of the Russian Federation, the practice of introducing norms into the structure of the Special Part of the Criminal Code of the Russian Federation defining the individual characteristics of the criminal’s personality, in particular, a criminal record, as a crime-forming feature of the corpus delicti, has been critically evaluated.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136064465","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 Achieving Uniformity of Judicial Practice on the Issue of Determining the Price of a Claim","authors":"Konstantin S. Ryzhkov","doi":"10.37399/issn2072-909x.2023.9.77-85","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.9.77-85","url":null,"abstract":"One of the most important tasks facing the judicial system is to achieve uniformity of judicial practice. At the same time, a complex issue of civil procedural law, on which there is currently a need to achieve uniformity of judicial practice, is the correct establishment of the jurisdiction of cases to magistrates, depending on the price of the claim. The article analyzes the problems associated with the establishment of jurisdiction of civil cases to magistrates. The content of the concept of “the price of a claim” is considered in the context of the current norms of civil procedural legislation. Special attention is paid to the study of monetary amounts included and not included in the price of the claim. The purpose of the study is to establish criteria for including in the price of the claim the claims made by the plaintiff in civil proceedings. In order to achieve this goal, the author has set the task of analyzing and interpreting the norms of current legislation and current law enforcement practice on this issue. The lack of uniformity in the interpretation and application of legal norms by courts on the issue under study is stated. Within the framework of the conducted research, the following criteria were identified for including the plaintiff’s claims in the price of the claim: the property nature of the claim, the impossibility of collecting the specified amount without the plaintiff’s application, the independence of the amount of the specified amount from the price of the claim, as well as the inability to apply with the specified claim in the same case after its resolution on the merits. At the same time, it is proposed to specify in the current legislation the procedure for determining the price of a claim, in connection with which the need to change art. 91 of the Civil Procedure Code of the Russian Federation in terms of supplementing it with a provision providing for the impossibility of including in the price of the claim claims for compensation for moral damage and for the recovery of court costs.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136064637","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":"Recovery of Interest upon Termination of the Contract in Modern Judicial and Arbitration Practice","authors":"Vitaliy V. Vanin","doi":"10.37399/issn2072-909x.2023.9.40-48","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.9.40-48","url":null,"abstract":"Problem statement. The restoration of the property rights of the parties upon termination of the contract in the absence of equivalence of counter-grants involves the reimbursement of all benefits derived in connection with the use of the property to be returned, which is ensured, inter alia, by the payment of interest per annum. Such percentages may have a different legal nature, which should be taken into account to ensure the fairness of the consequences of termination of the contract and uniformity of judicial and arbitration practice. Goals and objectives of the study: investigation of the legal nature of interest, the accrual of which is possible upon termination of a synallagmatic paid contract, under which non-equivalent property grants were made; identification of problems with the application of the institute of interest upon termination of the contract on various grounds and the formation of proposals to overcome them. Research methods: dialectical, analysis, synthesis, formal and legal. Results, brief conclusions. When determining the period of interest accrual upon termination of the contract, it is necessary to take into account their legal nature (interest-liability or legal interest), the presence or absence of special regulation, as well as the nature of the grounds for termination of the contract (whether there was a violation of the contract by the party receiving the advance or not); the regulatory basis for such differentiation follows from the prohibition enshrined in paragraph 4 of Article 1 of the Civil Code of the Russian Federation to take advantage of one’s illegal or unscrupulous behavior.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136064634","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":"Humanization of Modern Criminal Proceedings","authors":"Oksana V. Kachalova","doi":"10.37399/issn2072-909x.2023.9.95-101","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.9.95-101","url":null,"abstract":"The purpose of the study is to identify the main trends in the humanization of modern Russian criminal justice. The methodological basis of the research is the universal dialectical method of scientific cognition, which made it possible to study the subject of research in relation to other legal phenomena, as well as general scientific methods of cognition (analysis, synthesis, induction, deduction) and private scientific methods of cognition. Conclusions. The author comes to the conclusion that the main trends in the humanization of modern Russian criminal justice are the formation of a stable judicial practice of widespread use of preventive measures alternative to detention; the development of compromise and alternative ways of resolving criminal law conflicts that allow to compensate for the damage caused by the crime and avoid stigmatization of the person who committed the crime, as well as ensuring access to justice in conditions of modern digital society.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"184 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136064638","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":"Explanation of an Expert in Court","authors":"Leonid A. Zashlyapin","doi":"10.37399/issn2072-909x.2023.9.86-94","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.9.86-94","url":null,"abstract":"The article is devoted to the problem of the impossibility of constructing criminal procedural relations in a judicial interrogation of an expert. In the judicial interrogation of an expert, there is a subjective right of authorized persons to ask questions to an expert (to interrogate an expert) and a subjective right of an expert to answer questions (to testify). Forensic interrogation of an expert can be replaced by an expert’s explanation, which involves communication between the expert and the participants in the judicial investigation in the form of a dialogue.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136064633","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":"Factual Labor Relations","authors":"Elena A. Ershova, Valentin V. Ershov, Jr","doi":"10.37399/issn2072-909x.2023.9.49-59","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.9.49-59","url":null,"abstract":". The authors primarily analyzed the most relevant issues of actual labor legal relations: the theoretical validity of the terms (concepts) “labor relations” or “labor legal relations”; the ratio of the terms “actual labor legal relations” and “regulators of actual labor legal relations”; types of regulators of actual labor legal relations. The study draws the following conclusions. First: scientifically and theoretically more reasonable is the term (concept) “labor legal relations”. Second: actual labor legal relations are primary in relation to the regulators of actual labor legal relations. Third: objectively, there are legal and individual regulators, which are paired categories of actual labor legal relations.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136064462","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}