Bulletin of Kemerovo State University. Series: Humanities and Social Sciences最新文献_第2页

Subpoena of Evidence from Arbitration Court 仲裁法院的证据传票

Bulletin of Kemerovo State University. Series: Humanities and Social Sciences Pub Date : 2024-05-16 DOI: 10.21603/2542-1840-2024-8-2-241-252

A. Kurnosov

{"title":"Subpoena of Evidence from Arbitration Court","authors":"A. Kurnosov","doi":"10.21603/2542-1840-2024-8-2-241-252","DOIUrl":"https://doi.org/10.21603/2542-1840-2024-8-2-241-252","url":null,"abstract":"International Commercial Arbitration is subject of Article 27, Law of the Russian Federation No. 5338‑1, July 07, 1993, while Arbitration Proceedings in the Russian Federation are described in Article 30, Federal Law No. 382-FZ of December 29, 2015. If a dispute settlement goes to institutional arbitration, a party or an arbitration court has the right to apply to a competent court with a subpoena of evidence. This article features the publication and execution of subpoena of evidence by arbitration court for the recovery of evidence. This category differs from other arbitration proceedings in that it requires a procedural appeal that initiates the proceedings, i.e., the subpoena of the arbitration court, and an applicant, i.e., the institutional arbitration court that is seeking assistance in the dispute. The author used the methods of teleological interpretation and functional analysis to justify the admissibility of normative provisions that exclude the right to issue a subpoena by ad hoc arbitrators and to send subpoena of evidence directly by the parties to the arbitration proceedings. The parties to the arbitration should be involved as interested parties. The applicant and the stakeholders have limited procedural rights and obligations since the court neither carries out jurisdictional activities nor considers the dispute per se, but coordinates assistance functions. As a result, some procedural shortcomings make it impossible to clarify the form and content of subpoena, as well as the type and content of documents that should be attached to it, e.g., an arbitration agreement, a state fee payment confirmation, a resolution on the arbitral panel, etc. The author also analyzed grounds for refusal to execute a subpoena of evidence. Excessive discretion and Delphic language should not violate the rights and legitimate interests of third parties, thus preventing them from participating in the arbitration.","PeriodicalId":512949,"journal":{"name":"Bulletin of Kemerovo State University. Series: Humanities and Social Sciences","volume":" 886","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141127631","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

Models of Integrating Modern Technologies into Law Enforcement Activities 将现代技术融入执法活动的模式

Bulletin of Kemerovo State University. Series: Humanities and Social Sciences Pub Date : 2024-05-16 DOI: 10.21603/2542-1840-2024-8-2-222-230

Dmitriy Bahteev, Anna Cvetkova

{"title":"Models of Integrating Modern Technologies into Law Enforcement Activities","authors":"Dmitriy Bahteev, Anna Cvetkova","doi":"10.21603/2542-1840-2024-8-2-222-230","DOIUrl":"https://doi.org/10.21603/2542-1840-2024-8-2-222-230","url":null,"abstract":"To counteract the development of criminal activity, law enforcement agencies need to employ new technologies. However, the current models of such implementation provide neither competitive advantage nor forensic efficiency. This article describes the existing models of integrating advanced technologies into law enforcement practice, as well as ways of their optimization. The paper considers the best practices and related risks. The authors relied on standard cognition methods and modeling to develop four key models of integrating modern technologies into crime investigation activities, i.e., 1) legislative consolidation, 2) implementation after the effectiveness has been experimentally verified, 3) departmental regulation, 4) independent initiative implementation. Each model demonstrated a number of advantages and disadvantages. On the one hand, they proved legal, effective, rational, and based on actual threats and risks. On the other hand, the legislative consolidation process is long: as a result, participants in criminal proceedings risk their rights. Moreover, no objective effectiveness assessment can be provided while scientific recommendations do not correlate with actual practice. The authors proposed a comprehensive model that can adapt to a particular technology. The model presupposes coordinated actions of scientists, practitioners, investigative authorities, and legislators. The article also introduces an algorithm that increases the effectiveness of forensic activities.","PeriodicalId":512949,"journal":{"name":"Bulletin of Kemerovo State University. Series: Humanities and Social Sciences","volume":" 1286","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141127374","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

Notes, Resolutions, and States in the System of Normative Legal Acts of the Russian Empire in the Early XIX Century 十九世纪初俄罗斯帝国规范性法律体系中的注释、决议和国家

Bulletin of Kemerovo State University. Series: Humanities and Social Sciences Pub Date : 2024-05-16 DOI: 10.21603/2542-1840-2024-8-2-205-213

I. Minnikes

{"title":"Notes, Resolutions, and States in the System of Normative Legal Acts of the Russian Empire in the Early XIX Century","authors":"I. Minnikes","doi":"10.21603/2542-1840-2024-8-2-205-213","DOIUrl":"https://doi.org/10.21603/2542-1840-2024-8-2-205-213","url":null,"abstract":"In the early XIX century, the legal practice of the Russian Empire used several forms of normative legal acts. The legalized forms were provided for by Article 53 of the Code of Laws of the Russian Empire. The list included manifestos, decrees, instructions, etc. The author matched normative legal acts with the legal prescriptions that implemented them, as well as identified the forms of normative acts that were not provided for by the Code of Laws. The Complete Collection of Laws of the Russian Empire also contained some other forms of normative acts, not mentioned in the Code. These other forms included timesheets, posters, plans, journals, etc., approved by the Emperor. States, resolutions, and notes were the most popular variants. States determined the composition of a specific business entity or element of a state mechanism, e.g., a ministry, an office, a police or military unit, etc. Sometimes, they indicated positions and corresponding salaries. Resolutions were Emperor’s written responses to an action (message or act) of a government representative. Notes were proposals of specific measures and actions sent to the Emperor by a government representative. The Emperor gave them legal force with certain formulas, e.g., To Execute or So Be It. These forms of acts were quite wide-spread during the reform period. The article describes the place of states, resolutions, and notes in the system of normative acts, as well as provides their quantitative analysis.","PeriodicalId":512949,"journal":{"name":"Bulletin of Kemerovo State University. Series: Humanities and Social Sciences","volume":" 1191","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141127346","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

Scientific and Methodological Support of Teachers as a Tool for Developing Professional and Personal Competencies in Advanced Professional Education 以科学和方法论支持教师作为发展高级专业教育中的专业和个人能力的工具

Bulletin of Kemerovo State University. Series: Humanities and Social Sciences Pub Date : 2024-03-14 DOI: 10.21603/2542-1840-2024-8-1-75-88

Larisa Geynce

引用次数: 0

Self-Management Competence in University Students: Essence and Structure 大学生的自我管理能力：本质与结构

Bulletin of Kemerovo State University. Series: Humanities and Social Sciences Pub Date : 2024-03-14 DOI: 10.21603/2542-1840-2024-8-1-100-108

Natal'ya Chernyh, Svetlana Osipova

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Diversity Principle of Public Control in Russia 俄罗斯公共控制的多样性原则

Bulletin of Kemerovo State University. Series: Humanities and Social Sciences Pub Date : 2024-03-14 DOI: 10.21603/2542-1840-2024-8-1-119-125

Vitaliy Goncharov

引用次数: 0

Structure and Career Guidance Potential of Legal English: Law, Crime, and Punishment for High-School Students 法律英语的结构和就业指导潜力：高中生的法律、犯罪和惩罚

Bulletin of Kemerovo State University. Series: Humanities and Social Sciences Pub Date : 2024-03-14 DOI: 10.21603/2542-1840-2024-8-1-109-118

Ol'ga Igumnova

引用次数: 0

Directions for Improving State Judicial Policy in Legal Costs in the Context of Justice Accessibility 在司法无障碍背景下完善国家法律费用司法政策的方向

Bulletin of Kemerovo State University. Series: Humanities and Social Sciences Pub Date : 2024-03-14 DOI: 10.21603/2542-1840-2024-8-1-148-158

Mihail Roze

{"title":"Directions for Improving State Judicial Policy in Legal Costs in the Context of Justice Accessibility","authors":"Mihail Roze","doi":"10.21603/2542-1840-2024-8-1-148-158","DOIUrl":"https://doi.org/10.21603/2542-1840-2024-8-1-148-158","url":null,"abstract":"Court appeal is an integral component of the constitutional right to judicial protection. This paper introduces ways to improve the institution of civil court costs through the prism of justice accessibility. The author studied the optimal mechanisms for paying state fees at civil court; the direct connection between the benefits for the payment of state duty, the principle of justice accessibility, and the right to judicial protection; grounds for granting benefits for the payment of state duty. The author finds it highly undesirable to increase the rates of state duty because this factor can affect the scope of guarantees for judicial protection. However, the current inflation creates prerequisites for an increase in the cost of civil trials for the state, which means expanding the criteria for benefits. A judicial practice analysis revealed no uniformity in the provision of benefits for the payment of state duty but identified the grounds for the application of certain preferential mechanisms. The author proposes to introduce additional guarantees for the right to legal protection, e.g., the institution of financing court costs by a third party, not involved in the case but with guarantees for reimbursement of their costs for financing the trial. The mechanism for investing court costs could be tested in group proceedings.","PeriodicalId":512949,"journal":{"name":"Bulletin of Kemerovo State University. Series: Humanities and Social Sciences","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140244591","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

Improving Professional Competencies of Foreign Language Teachers in the Context of Continuous Teacher Education 在教师继续教育背景下提高外语教师的专业能力

Bulletin of Kemerovo State University. Series: Humanities and Social Sciences Pub Date : 2024-03-14 DOI: 10.21603/2542-1840-2024-8-1-89-99

Ol'ga Golovko, Yuriy Dan'ko

{"title":"Improving Professional Competencies of Foreign Language Teachers in the Context of Continuous Teacher Education","authors":"Ol'ga Golovko, Yuriy Dan'ko","doi":"10.21603/2542-1840-2024-8-1-89-99","DOIUrl":"https://doi.org/10.21603/2542-1840-2024-8-1-89-99","url":null,"abstract":"Pedagogy is currently a priority area of Russian higher education. The authors analyzed research publications, regulatory documents, and international foreign language assessment standards to determine professional competencies of a foreign language teacher. Pedagogical qualifications were studied in the context of pedagogical education as a structure. Any complete level of pedagogical education allows for professional activity; however, each level has a different pedagogical trajectory. Bachelor’s degree is the basic level of teacher education while Master’s degree provides a universal pedagogical trajectory for any education level. Competence is defined as a set of competencies that allow the teacher to organize an effective academic process. Pedagogical competence is a combination of professional and methodological competencies, which are of utmost importance for any teacher. The article introduces a number of ways to improve these competencies in line with formal and informal models. For a foreign language teacher, foreign language communication is the core competence. Its improvement is effective if it follows the system of international exams, e.g., the Common European Framework of Reference (CEFR) for Languages. Higher pedagogical education provides a foundation for continuous professional development in an informal learning model, i.e., advanced training programs based on international exams.","PeriodicalId":512949,"journal":{"name":"Bulletin of Kemerovo State University. Series: Humanities and Social Sciences","volume":"17 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140242920","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

Man Equals Digital Personality vs. Man Has Digital Personality 人等于数字人格 VS 人具有数字人格

Bulletin of Kemerovo State University. Series: Humanities and Social Sciences Pub Date : 2024-03-14 DOI: 10.21603/2542-1840-2024-8-1-126-135

A. Kanakova

{"title":"Man Equals Digital Personality vs. Man Has Digital Personality","authors":"A. Kanakova","doi":"10.21603/2542-1840-2024-8-1-126-135","DOIUrl":"https://doi.org/10.21603/2542-1840-2024-8-1-126-135","url":null,"abstract":"The Internet is an important part of modern life; however, most virtual processes are beyond the scope of legal control. The state as a legislator regulates relations that originate in the real world. As a result, the law often fails to take into account the specifics of virtual environment. The poor legal regulation comes from the fact that the legislator cannot determine whether digital rights and freedoms are new categories or a continuation of the existing legal provisions. In this article, the author attempts to identify the correct approach by answering the obvious question: Is there a digital life and a separate digital personality, or is the digital space a continuation of the constitutional right to life exercised by a real-life legal subject? The research relied on standard methods of cognition and specific scientific methods, e.g., comparative and formal logical analyses. While analyzing the concept of the constitutional right to life, the author defines the categories of digital image and digital personality in order to develop a variant of legal regulation of digital rights and freedoms. The validity of digital personality depends on the approach the legislator chooses to regulate digital rights and freedoms. If the legislator sees digital rights and freedoms as a continuation of the rights and freedoms that exist in reality, a digital personality is impossible: it is a digital image of a real person in virtual space. If the legislator evaluates rights and freedoms as a new category, a digital personality is a valid concept, but only in the context of artificial intelligence.","PeriodicalId":512949,"journal":{"name":"Bulletin of Kemerovo State University. Series: Humanities and Social Sciences","volume":"21 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140243782","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