Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki最新文献_第4页

A Critical Analysis of the General Principles of Sentencing under the Criminal Law Doctrine and Their Application by the Supreme Court of the Russian Federation 刑法理论下的量刑一般原则及其在俄罗斯联邦最高法院的适用情况评析

Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki Pub Date : 2024-01-23 DOI: 10.26907/2541-7738.2023.6.109-123

L. Safin

{"title":"A Critical Analysis of the General Principles of Sentencing under the Criminal Law Doctrine and Their Application by the Supreme Court of the Russian Federation","authors":"L. Safin","doi":"10.26907/2541-7738.2023.6.109-123","DOIUrl":"https://doi.org/10.26907/2541-7738.2023.6.109-123","url":null,"abstract":"This article highlights the need to enhance the procedures for determining guilt through criminal law. The study is based on a careful analysis of the legal standards laid down in the Criminal Code of the Russian Federation and key academic sources of the Russian criminal law. Potential solutions were offered to address the contentious matters within the criminal law doctrine. According to the obtained results, when the Plenum of the Supreme Court of the Russian Federation voices its stance on a number of issues regarding sentencing, it occasionally surpasses its powers conferred by the Constitution of the Russian Federation. It was established that the general principles of sentencing are such regulations that apply to all types of offenses, regardless of the type, nature, or gravity of the crime committed. The scope of these regulations extends beyond Article 60 of the Criminal Code of the Russian Federation and specifies its provisions. Another batch of standards includes regulations governing the rules and procedures for imposing certain types of penalties, as well as their specificity for certain criminal behaviors.","PeriodicalId":503809,"journal":{"name":"Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki","volume":"31 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139602914","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}

引用次数: 0

The Content of the Principle of Bona Fides in Family Law 家庭法中善意原则的内容

Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki Pub Date : 2024-01-22 DOI: 10.26907/2541-7738.2023.6.76-88

Ya. A. Glebovsky

引用次数: 0

The Emergence of the Institution of Extreme Necessity in the RF (Russian) Legislation 俄罗斯联邦立法中极端必要性制度的出现

Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki Pub Date : 2024-01-22 DOI: 10.26907/2541-7738.2023.6.19-27

V. A. Nikolaev

{"title":"The Emergence of the Institution of Extreme Necessity in the RF (Russian) Legislation","authors":"V. A. Nikolaev","doi":"10.26907/2541-7738.2023.6.19-27","DOIUrl":"https://doi.org/10.26907/2541-7738.2023.6.19-27","url":null,"abstract":"In this study, the milestones (stages) through which the norms regarding extreme necessity have emerged and developed in the legislation of Russia, specifically its criminal legislation, were considered. A historical and legal analysis was performed to shed light on the processes that have influenced the establishment of the institution of extreme necessity in Russia. The evolution of the above norms was conditionally divided into different periods based on a number of criteria. The high relevance of extreme necessity and its justified position among the current norms of the Criminal Code of the Russian Federation were emphasized. The general terminology was elaborated as a conceptual apparatus. In line with the modern legal understanding and interpretation of criminal law canons, it was logically deduced that certain monuments of law from the studied periods are more progressive compared to others. When investigating the legal and legislative approach employed by “the legislator from the era under survey” in order to formulate provisions in legal acts, a distinctive aspect of placing norms according to different types of crime was highlighted. For the generalization and systematization of the legislative processes that occurred in Russia and influenced the emergence of extreme necessity, the development of this institution should be perceived within a historical retrospective and perspective of criminal law. Therefore, the views of a wide range of researchers were examined here.","PeriodicalId":503809,"journal":{"name":"Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki","volume":"38 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139608914","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}

引用次数: 0

Objectives of Procedural Policy: General Legal and Methodological Aspects 程序政策的目标：一般法律和方法问题

Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki Pub Date : 2024-01-22 DOI: 10.26907/2541-7738.2023.6.7-18

E. E. Isaev

引用次数: 0

Development of the Economic and Legal Concepts of Financial Instruments in the PreRevolutionary Period. G.F. Shershenevich’s Contribution 革命前金融工具的经济和法律概念的发展。谢尔申耶维奇的贡献

Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki Pub Date : 2024-01-22 DOI: 10.26907/2541-7738.2023.6.62-75

R. Chikulaev

{"title":"Development of the Economic and Legal Concepts of Financial Instruments in the PreRevolutionary Period. G.F. Shershenevich’s Contribution","authors":"R. Chikulaev","doi":"10.26907/2541-7738.2023.6.62-75","DOIUrl":"https://doi.org/10.26907/2541-7738.2023.6.62-75","url":null,"abstract":"Many experts believe that we are on the cusp of a new system of legal understanding, construction, and formalization, as well as state regulation of the relations and processes governed by “financial instruments”. However, this term remains polysemantic and thus is a compelling subject for the discourse. It has multiple legal interpretations, uncertain legal applications, and diverse or even conflicting theoretical frameworks. In this article, the historical ideas of the pre-revolutionary Russian scholars were discussed in connection with the current legal understanding of financial instruments. The analyzed works certainly contain brilliant thoughts, logical reasoning, generalizations of the foreign experiences, and novel ideas. They all became the basis for the law and legislation development in subsequent periods, up to the present day. Special attention was paid to the legal heritage of G.F. Shershenevich, a prominent figure of classical Russian jurisprudence who worked at Kazan University. It was concluded that the scholar’s views reflected both a narrow understanding of private law and a more complex approach that links the legal manifestations of phenomena with their social, economic, and commercial essence. The results obtained show that the principles of current economic and legal models can be traced back to the conceptual aspects of the categories (such as financial instruments) introduced by the earlier scholars.","PeriodicalId":503809,"journal":{"name":"Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki","volume":"34 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139606821","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}

引用次数: 0

The Legal Basis for the Use of Artificial Intelligence in Decision-Making by Public Authorities 公共机构在决策中使用人工智能的法律依据

Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki Pub Date : 2024-01-22 DOI: 10.26907/2541-7738.2023.6.28-40

T. G. Kakokho

{"title":"The Legal Basis for the Use of Artificial Intelligence in Decision-Making by Public Authorities","authors":"T. G. Kakokho","doi":"10.26907/2541-7738.2023.6.28-40","DOIUrl":"https://doi.org/10.26907/2541-7738.2023.6.28-40","url":null,"abstract":"This article centers on the legal regulation of artificial intelligence (AI) use in public administration. The main features of AI, the risks associated with its use in the public sector, and its key functions were outlined. The program and strategic plans for AI introduction in Russia were systematized. The prospects for creating a digital state were highlighted. Through careful analysis, the most viable areas of public administration were identified where AI can realize its full technical potential without entirely taking over the tasks of human officials (such as digital controllers, judges, and investigators). A clear distinction was revealed between “weak” AI, a technical assistant and decision-making tool for human officials, and “strong” AI, a fully-fledged subject of legal public relations with legal capacity. The connection between the development of new technologies and the evolution of the state apparatus was stressed. It was concluded that the integration of multiple algorithms in management activities is causing a shift from quantitative to qualitative changes: the ways state bodies exercise their public powers are being altered and revised.","PeriodicalId":503809,"journal":{"name":"Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki","volume":"27 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139607300","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}

引用次数: 0

The Role of Digitalization in Driving the Efficiency of Public Administration 数字化在提高公共行政效率方面的作用

Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki Pub Date : 2024-01-22 DOI: 10.26907/2541-7738.2023.6.51-61

A. A. Nigmetzyanov

引用次数: 0

Certain Aspects of Ensuring the Fulfillment of Rental Agreements through Civil Law Methods 通过民法方法确保租赁协议履行的若干问题

Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki Pub Date : 2024-01-22 DOI: 10.26907/2541-7738.2023.6.89-97

G. F. Nagumanova

引用次数: 0

Analyzing the Principles of Behavior Set Out in the Code of Ethics for Public Officials and in the Canons of Islam 分析《公职人员道德守则》和《伊斯兰教教规》中规定的行为原则

Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki Pub Date : 2024-01-22 DOI: 10.26907/2541-7738.2023.6.41-50

G. N. Shavalieva

引用次数: 0

Evgenia Vladimirovna Gutnova as a Historiographer of the English Medieval Parliament: The Anglo-American Research Perspective 叶夫根尼娅-弗拉基米罗夫娜-古特诺娃作为英国中世纪议会史学家：英美研究视角

Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki Pub Date : 2024-01-18 DOI: 10.26907/2541-7738.2023.4-5.170-181

Т. А. Sidorova

{"title":"Evgenia Vladimirovna Gutnova as a Historiographer of the English Medieval Parliament: The Anglo-American Research Perspective","authors":"Т. А. Sidorova","doi":"10.26907/2541-7738.2023.4-5.170-181","DOIUrl":"https://doi.org/10.26907/2541-7738.2023.4-5.170-181","url":null,"abstract":"This article considers the Anglo-American historiography of the early English parliament based on the extensive contribution and heritage of Evgenia Vladimirovna Gutnova (1914–1992), an outstanding Soviet and Russian medievalist and historiographer. E.V. Gutnova was a pioneer and groundbreaker in the historical and historiographical study of the English state and medieval parliamentarism during the 13th–14th centuries. Through her work, she expanded the pool of historiographical sources available to the scientific world. This vast collection included the fundamental works on the English constitutional history of the Middle Ages published by major historians of England and the USA in the middle of the 19th–the first half of the 20th centuries. She performed a detailed analysis of their concepts of the English medieval parliament by comparison of the Whig-liberal (W. Stubbs) and “critical” (F.W. Maitland) models in line with the Marxist methodologies of history. Here, based on the historical-genetic and -comparative methods, along with historical analysis and synthesis, E.V. Gutnova’s role in the study of the early English parliamentarism within the Anglo-American historiography was defined. The conclusion is made that she developed and introduced an innovative historiographical concept, which has become a widely used algorithm for research in the field of foreign history of historical science, with the Anglo-American historiography of early parliamentarism in England as its integral part.","PeriodicalId":503809,"journal":{"name":"Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki","volume":"117 31","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139615122","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}

引用次数: 0