Bulletin of Kemerovo State University. Series: Humanities and Social Sciences最新文献

{"title":"Modern Trends in Determining the Jurisdiction of Disputes","authors":"Lidiya Terehova","doi":"10.21603/2542-1840-2024-8-2-263-270","DOIUrl":"https://doi.org/10.21603/2542-1840-2024-8-2-263-270","url":null,"abstract":"Since 2018, the term jurisdiction cannot be applied to civil proceedings as the legislator found it outdated after the single Supreme Court had been introduced. In fact, this term has never been mentioned in the Constitution of the Russian Federation. However, the phenomenon designated by the term cannot be removed from the doctrine and judicial practice for the following reasons. First, the rules of jurisdiction distribute cases between judicial and non-judicial bodies. Second, they make it possible to identify cases of a non-legal nature that cannot claim state protection. The law of 2018 had some positive consequences. Now, the refusal procedure is less complicated. Non-judicial cases can be easily transferred under proper jurisdiction where they will be considered according to a different type of legal proceedings. As for the negative consequences, it seems that the legislator interpreted jurisdiction only as the distribution of cases between different courts and substituted the term subject matter jurisdiction with court jurisdiction. The author criticizes this narrow approach and highlights two urgent issues: \u00001) not every case has to go to court; 2) digital technologies are important in legal proceedings. These trends can optimize judicial competence, as well as create new rules of court jurisdiction without violating the constitutional right to judicial protection. The article describes the rules of jurisdiction and their improvement, as well as determines the place of jurisdiction among other procedural institutions and introduces some ways to reform the subordination of civil cases to courts of civil jurisdiction. Jurisdiction has an intersectoral nature and is a way of distributing cases between judicial and non-judicial bodies. A combination of standard scientific methods with the formal-legal analysis made it possible to identify the following development directions. 1) Non-judicial cases need proper criteria. \u00002) New information technologies should enter the judicial system to update the court procedure, e.g., minor cases could be reviewed in court exclusively as an electronic procedure.","PeriodicalId":512949,"journal":{"name":"Bulletin of Kemerovo State University. Series: Humanities and Social Sciences","volume":" 680","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141127489","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":"Development of Professional Judicial Corporation in Russia in XVIII–XXI centuries","authors":"S. Lonskaya","doi":"10.21603/2542-1840-2024-8-2-195-204","DOIUrl":"https://doi.org/10.21603/2542-1840-2024-8-2-195-204","url":null,"abstract":"The article introduces a comprehensive analysis of professional judicial corporation in Russia in the XVIII–XXI centuries in its theoretical and historical aspects. The research objective was to clarify the concept and categories of judicial power, as well as to model the process of its development in Russia. The issue of professions and professional corporations as social phenomena is a matter of sociology. For lawyers, sociological studies are important in connection with the issue of judicial corporation development, i.e., its theoretical and historical development. The author relied on the structural and functional approach to the professionalization model developed by sociologist G. Vilensky, who interpreted the categories of judicial profession, judiciary, and judicial corporation. The authors revealed the directions in the development of the professional judicial corporation in Russia in the XVIII–XXI centuries and periodized this process. A separate and permanent judicial function determined the emergence of professional judiciary, organizationally represented by a professional judicial corporation. The profession of a judge is all these elements combined. The judicial corporation developed in Russia in three directions, i.e., normative, organizational, and symbolic, with a prominent regulatory influence of the state. The judicial profession and professional corporation started to develop in Russia during the judicial reforms in the XVIII century. This slow, nonlinear, and discrete process was completed as late as in the XXI century with all the necessary stages of professionalization: the professional corporation finally became the organization form of the Russian judiciary. The authors revealed five stages in the history of the professional judicial corporation in Russia: 1) XVIII century; 2) the first half of the XIX century; 3) 1864–1917; 4) 1917–1989; 5) 1989 – early XXI century.","PeriodicalId":512949,"journal":{"name":"Bulletin of Kemerovo State University. Series: Humanities and Social Sciences","volume":" 543","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141127644","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 Nature of Public Authority: Doctrine and Law","authors":"Natal'ya Filippova","doi":"10.21603/2542-1840-2024-8-2-167-176","DOIUrl":"https://doi.org/10.21603/2542-1840-2024-8-2-167-176","url":null,"abstract":"The constitutional reform of 2020 made it relevant to develop a doctrinal and legal description of public power. The existing interpretations of its legal nature are often different, even mutually exclusive. This situation makes it necessary to expand the methodological foundations behind the theoretical model of public power. The author identified public power based on the differences in philosophy, management theory, political science, and sociology, on the one hand, and constitutional studies, on the other. The hypothesis of the cyclical development of constitutional law, both as a branch of law and as a science, made it possible to reconstruct the ideas of public power in the Russian doctrine of constitutional law at the turn of the XIX–XX centuries. These ideas proved systematic and logically complete because they interpreted public power as a special subjective right implemented by the community. The concepts of public power in the national constitutional studies demonstrated continuity, especially against V. E. Chirkin’s collectivist theory of public power. However, the importance of public understanding of the legal nature of public power remains underestimated. This flaw is also typical of the latest theoretical models of public power, which were affected by the constitutional reform of 2020, as demonstrated by some recent federal laws.","PeriodicalId":512949,"journal":{"name":"Bulletin of Kemerovo State University. Series: Humanities and Social Sciences","volume":" 360","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141127684","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":"Democratism as a Basic Principle for Legislative Processes on Russia’s Federal Territories","authors":"Ol'ga Fomicheva","doi":"10.21603/2542-1840-2024-8-2-177-186","DOIUrl":"https://doi.org/10.21603/2542-1840-2024-8-2-177-186","url":null,"abstract":"Democratism is a key principle of constitutional and legal regulation of all innovations in the legislative process. Public authorities of Russia’s federal territories need guarantees for their participation in the legislative process. The legal status of the Sirius Federal Territory remains dubious, which violates the rights of its residents to participate in solving national issues. The principle of democratism is violated when its forms are implemented by public authorities of the federal territory. A balance of interests between society and the state would be achieved if citizens could exercise their legislative rights, directly or through representative bodies of public authority. First, guarantees should be established in the norms of the general effect; second, a procedure should be elaborated on regulatory legal acts, depending on the region and its status. A legislative process is not only a set of forms of activity that turns a legislative idea into a draft law. It also presupposes the implementation of this process based on constitutional principles, i.e., democratism. This principle should become comprehensive since it provides all subjects with equal participation in the legislative process. In addition, democratism encourages all residents and /or representative bodies for such participation. As a result, it should not be subjected to restrictions depending on the type of territory. If guarantees for the implementation of the legislative initiative right are violated in the legislative process, they can be regulated by federal legislation. This procedure could help residents of the Sirius Federal Territory and extend these guarantees to identical territories, e.g., closed administrative-territorial entities, university towns, etc. The ultimate effectiveness of the legislative process depends on democratism.","PeriodicalId":512949,"journal":{"name":"Bulletin of Kemerovo State University. Series: Humanities and Social Sciences","volume":" 591","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141127624","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":"Benefits of Conciliation Procedures in Legal Practice","authors":"Irina Motorina","doi":"10.21603/2542-1840-2024-8-2-253-262","DOIUrl":"https://doi.org/10.21603/2542-1840-2024-8-2-253-262","url":null,"abstract":"Conciliation institutions reduce caseload. Some states also see them as a way to ensure public access to justice and strengthen social peace. This article introduces a systematic approach to conciliation procedures, or pre-court mediation. It describes such concepts as social management system, legal regulation, judicial activity, justice, judicial enforcement, alternative methods of dispute resolution, and conciliation procedures. The research relied on the methods of formal logic, legal system analysis, formal legal method, and functional methods. The author identified a system of social regulation that combines reconciliation and legal procedures, as well as classified domestic conciliation institutions as private, private-public, and public. Institutions of public conciliation appear when private reconciliation integrates with jurisdictional activities. Public principles enter conciliation procedures if the state body, e.g., court, has the right to regulate, organize, or conduct reconciliation, as well as approve its results. Pre-court reconciliation has some advantage for the parties. First, it is effective if both parties sought reconciliation: even if the decision is not ideal, they may still find it satisfactory. Second, mediators are free to employ a wider range of regulators, both legal and non-legal, e.g., morality, religion, traditions, corporate norms, etc. Third, conciliation procedure is much less complex than a trial. Pre-court mediation is beneficial for the society in general and needs to be popularized as an effective de-litigating tool that is profitable for both parties. However, the scope of alternative forms of dispute settlement could be expanded only if the parties understand the personal benefits they get from pre-court mediation.","PeriodicalId":512949,"journal":{"name":"Bulletin of Kemerovo State University. Series: Humanities and Social Sciences","volume":" 450","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141127793","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":"Concept of Local Government Development during Digital Management Transformation","authors":"Mariya Lipchanskaya, Anna Shindina","doi":"10.21603/2542-1840-2024-8-2-159-166","DOIUrl":"https://doi.org/10.21603/2542-1840-2024-8-2-159-166","url":null,"abstract":"State processes are currently regulated by conceptual strategizing, which means they rely on concepts of systematic, integrated, and consistent development in social and state spheres, e.g., municipal public administration. This research used theoretical generalizations, as well as constitutional and legal practice, to rationalize the need for a developmental concept of local government in the context of digital transformation. Acts of state strategic planning were classified according to subject and concept. Digitalization of management and local governance was described from the perspective of hierarchical subordination and strategic planning acts. The list of prospective goals and directions in the digital development of local government included: digitalizing the domestic agro-industrial complex; leveling the existing digital inequality; improving the financing of small and medium municipalities using digital systems and innovative technologies. The authors reviewed best foreign practices and modern approaches to standardization in the sphere of sustainable development concepts, which direct the regulation of local government development in the digital environment. They revealed some problematic issues of modern digital transformation of municipal government and prospective trajectories for local digital platforms.","PeriodicalId":512949,"journal":{"name":"Bulletin of Kemerovo State University. Series: Humanities and Social Sciences","volume":" 1145","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141127169","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 History of Direct Democracy Institutions in the USA","authors":"Stanislav Chechelev","doi":"10.21603/2542-1840-2024-8-2-214-221","DOIUrl":"https://doi.org/10.21603/2542-1840-2024-8-2-214-221","url":null,"abstract":"Direct democracy appeared in the United States back in the colonial period. However, when the country became sovereign in the late XVIII century, the founding fathers gave preference to representative democracy in order to prevent the mob rule. This research traces the history of various institutions of direct democracy in the United States. The late XIX – early XX centuries saw an era of progressivism in the United States: civil society struggled against negative social, political, and legal phenomena. Implementation of referendums, general direct elections, recalls of officials, etc., into the legal system seemed a perfect solution. In the early XX century, these institutions were enshrined in the legislation of some Western states and proved rather effective. The so-called second wave of direct democracy occurred after 1950s, and institutions of direct democracy became even more widespread. This process reached its peak in the late XX – early XXI centuries. As a result, they predominate in the current US legislation. The USA are currently going through a further rise in direct democracy, which is even more implemented into the legal system. The American experience of direct democracy is of considerable interest to Russia as it may help to improve the domestic state mechanisms of making socially important decisions.","PeriodicalId":512949,"journal":{"name":"Bulletin of Kemerovo State University. Series: Humanities and Social Sciences","volume":" 541","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141127646","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":"Contractual Responsibility of Marketplaces","authors":"Elena Abrosimova","doi":"10.21603/2542-1840-2024-8-2-231-240","DOIUrl":"https://doi.org/10.21603/2542-1840-2024-8-2-231-240","url":null,"abstract":"The rapid development of e-commerce generates new subjects of civil turnover. Marketplaces are commodity aggregators with a vague legal status. A marketplace is more than an information intermediary: it is an ecosystem with highly developed logistics that provides interaction between the seller and the buyer, as well as information about goods and delivery points. In addition, it settles disputes between sellers and buyers by applying various resolution tools. The article describes the legal nature of the relations connected with marketplace ecosystems, i.e., between the marketplace and the seller, between the marketplace and the delivery point, between the marketplace and the buyer. The author also assessed the integration of the marketplace into the classic purchase-and-sale relationship between the buyer and the seller. These parties sign commission contracts, agency agreements, and fee-based service contacts, each of which has its specifics. The author defined the limits of contractual liability in the seller – marketplace – consumer trade chain. If the seller – buyer relations are violated, the responsibility of the marketplace needs to be expanded because the marketplace undertakes to verify the reliability of sellers and the quality of goods. The author applied a doctrinal perspective to the legislative initiatives of 2023–2024 in relation to marketplaces, as well as developed some recommendations on how to improve e-commerce legislation in the Russian Federation.","PeriodicalId":512949,"journal":{"name":"Bulletin of Kemerovo State University. Series: Humanities and Social Sciences","volume":" 994","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141127523","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":"Primary Undertaking in Damages and its Cause: Criteria for Compliance","authors":"E. Trezubov, Sergey Kolmogorov","doi":"10.21603/2542-1840-2024-8-2-271-282","DOIUrl":"https://doi.org/10.21603/2542-1840-2024-8-2-271-282","url":null,"abstract":"Counter interim measures in the arbitration process protect the property interests of the applicant party. They provide the recovery of provisional expenses. This research identifies the criteria for the counterclaim provided by the plaintiff in order to compensate for possible provisional expenses. By presenting counter-undertaking in damages, the plaintiff increases the chances of basic interim measures to secure the claim because that way the plaintiff guarantees their proportionality. By demanding counter-undertaking in damages from the plaintiff, the defendant or other interested parties, on the contrary, seek to raise doubts about the proportionality of the measures taken to secure the claim. As a result, they have to prove the likelihood of the plaintiff losing the case, as well as the likelihood of harm from the interim measures taken. The presentation and reclamation of counter-undertaking in damages is a procedural mechanism based on the adversarial nature and autonomy of will. Thus, the right to reclaim the primary counter-undertaking on its own initiative should be excluded from the court. The primary counter-security is designed to guarantee the compensation of expenses. Therefore, the authors justified the possibility of using various ways to secure a tort obligation for these purposes, not limited to an independent guarantee. The article describes the application and refund procedure for money deposited by the applicant to the court’s deposit account as primary counter-undertaking in damages. As a result, the criteria that the primary counter-undertaking in damages include the security period, the amount, and the economic profitability. These criteria were determined based on the unique tools for each legal way of securing obligations.","PeriodicalId":512949,"journal":{"name":"Bulletin of Kemerovo State University. Series: Humanities and Social Sciences","volume":" 1287","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141127373","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":"Reauthorization of Local Issues in Law Enforcement Practice","authors":"YEkatyerina SHugrina","doi":"10.21603/2542-1840-2024-8-2-187-194","DOIUrl":"https://doi.org/10.21603/2542-1840-2024-8-2-187-194","url":null,"abstract":"This research featured norms that provide an opportunity to redistribute matters of local significance from local government bodies to state authorities. The Federal Law on Organization of Local Governance (2014) provides an algorithm for this procedure. However, it has received poor scientific attention, as has the current law enforcement practice in the corresponding category of cases. The present analysis of the regional and court decisions shows that the state authorities tend to act chaotically in exercising their discretionary powers. Reauthorization has received no criteria of expediency and effectiveness so far. The examples from law enforcement practice are not in favor of local government and violate the constitutional principle of trust in the government (Constitution of the Russian Federation, Article 75.1). Reauthorization prevents local governments from long-term development strategizing of their municipalities. Both the laws of the subjects of the Russian Federation and the law enforcement practice show that reauthorization in its current form contradicts the constitutional principles of maintaining trust in the government, thus reducing the power of local governments.","PeriodicalId":512949,"journal":{"name":"Bulletin of Kemerovo State University. Series: Humanities and Social Sciences","volume":" 648","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141127495","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}