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Problems of unification of criminal liability individuals globally 全球刑事责任个人统一问题
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024340-5
I. M. Ragimov
{"title":"Problems of unification of criminal liability individuals globally","authors":"I. M. Ragimov","doi":"10.31857/s102694520024340-5","DOIUrl":"https://doi.org/10.31857/s102694520024340-5","url":null,"abstract":"The article analyzes the problems of unification at the global level of the minimum age of criminal responsibility, types and categories of crimes committed by an individual, as well as issues of standardization of the types, nature and upper limits of criminal punishment. The problem posed has a long history. It was the subject of permanent discussion in the early twentieth century. So, starting Since 1928, the question of the unification of criminal responsibility has been periodically considered within the walls of the League of Nations. But, as the analysis shows, they were unsuccessful, including because these attempts were selective in nature and concerned only certain types of crimes. In today's globalizing world, when the fundamental rights and freedoms of man and citizen are the subject of regulation not only national legislation, but also International Law, there is an urgent need for global unification of not only all types and categories of crimes committed by individuals, but also the minimum age of criminal responsibility, types of criminal penalties, its upper limits and methods of implementation.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75153008","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
Big Data and human rights: toward legal regulation 大数据与人权:走向法律规制
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520026812-4
E. Talapina
{"title":"Big Data and human rights: toward legal regulation","authors":"E. Talapina","doi":"10.31857/s102694520026812-4","DOIUrl":"https://doi.org/10.31857/s102694520026812-4","url":null,"abstract":"In the absence of a universally accepted definition of Big Data, its attributes are described in the current literature. The Big Data processing is still outside the legal frameworks, so the most significant legal problem is the “contact” with personal data, for which rules have already been established. Any violations in this area directly affect Human Rights, especially the right to privacy. In the case of Big Data, privacy is increasingly seen as an economic right and personal data as having economic value. The need to respect the right to privacy puts the data subject at the center of the legal construction of legal access to personal data who expresses informed consent to operations with his personal data. In the context of Big Data processing, it is necessary to select a more appropriate and dynamic model of informed consent. Although data as such is unlikely to be a right of property object, it should be protected through other mechanisms, such as those aimed at ensuring accountability. It is the development of accountability mechanisms that is becoming one of the main directions in the Big Data regulation.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"91 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80494512","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
R. Pound. Freemasonry and the Law / transl. from English by E.L. Kuzmishin r .磅。共济会与法律/译。库兹米辛译
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520021918-0
Roman Nutrikhin
{"title":"R. Pound. Freemasonry and the Law / transl. from English by E.L. Kuzmishin","authors":"Roman Nutrikhin","doi":"10.31857/s102694520021918-0","DOIUrl":"https://doi.org/10.31857/s102694520021918-0","url":null,"abstract":"The review considers book “Freemasonry and Law” by Roscoe Pound, translated into Russian by E. L. Kuzmishin, Candidate of History. Brief biographical information about the author is given, as well as information about his participation in Freemasonry. Pound’s importance in the development of the sociological school of law is emphasized. The scientific contribution of this book to modern Russian legal literature in the areas of theory of state and law, Philosophy of Law, history of legal and political teachings is noted.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81624806","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
On the experience of France in the preparation, control and qualification requirements for mediators 论法国在调解员的编制、控制和资格要求方面的经验
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024656-2
N. Ryzhov
{"title":"On the experience of France in the preparation, control and qualification requirements for mediators","authors":"N. Ryzhov","doi":"10.31857/s102694520024656-2","DOIUrl":"https://doi.org/10.31857/s102694520024656-2","url":null,"abstract":"The article presents an analysis of the legal status and control over the activities of mediators in France. In the country pay close attention on regulating the activities of mediators and associations offering services for the mediation procedure. In order to ensure the proper functioning of conciliators and mediation organizations, control bodies have been established to monitor compliance with the fundamental requirements governing the work of mediators.  In order to develop and improve the mediation procedure in the Russian Federation as the most effective way of alternative dispute resolution, the article analyzes on the France Republic regulations, as well as the qualification requirements of specialized organizations for mediators to be included in the list of conciliators at the appellate courts of France. In the second part of the study, the issue of requirements for mediators is discussed on the example of the work of the Commission for the control of mediators in the field of consumption (Commission d'évaluation et de contrôle de la médiation de la consommation). As a result of the analysis, it was revealed that, unlike the Russian legislation regulating mediation issues, the activities, duties, and responsibilities of mediators in France are strictly regulated. Of no small importance is a clear sectoral division of mediators. This practice allows us to conclude that the conditions for the high efficiency of the work of mediators in the republic are created, since each specialist, in addition to having a special professional education, including legal education, is an expert in the area in which disputes arise. Such an organization of the work of conciliators seems to be highly justified, since the persons who have applied for the help of mediators have confidence that the dispute will be resolved with the help of a certified specialist, and not a person who has taken a basic course on the basics of mediation.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73624059","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
Relationship between human rights and freedoms and islam in arab countries 阿拉伯国家的人权、自由与伊斯兰教的关系
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520018174-2
K. Karpenko
{"title":"Relationship between human rights and freedoms and islam in arab countries","authors":"K. Karpenko","doi":"10.31857/s102694520018174-2","DOIUrl":"https://doi.org/10.31857/s102694520018174-2","url":null,"abstract":"The article compares the Medina Agreement of 622 A.D. and modern Arab constitutions in the light of human rights issues. The Medina Agreement did not have a significant impact on the subsequent constitutional development in the Arab world, however, as the author shows, questions of the legal status of a person arise in Islam immediately after the Hegira. Muhammad strove to reconcile among themselves the representatives of different confessions (Muslims, Christians and Jews) who inhabited Medina at that time, and to establish the state on a solid foundation of true faith. A similar problem exists in Arab countries today, when, on the one hand, Islam is declared the state religion, and on the other, freedom of conscience is declared, subject to respect for the laws, morals and customs of a particular state.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86024450","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
Transformation of scientific paradigms in social practice 科学范式在社会实践中的转化
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024626-9
A. Chuchaev
{"title":"Transformation of scientific paradigms in social practice","authors":"A. Chuchaev","doi":"10.31857/s102694520024626-9","DOIUrl":"https://doi.org/10.31857/s102694520024626-9","url":null,"abstract":"The article dedicated to the 100th anniversary of the birth of Academician of the Russian Academy of Sciences Vladimir Nikolaevich Kudryavtsev provides a brief analysis of his creative experience in Criminal Law, criminology and legal conflictology, reveals the theoretical and practical significance of the author’s works, which in many ways have become the theoretical basis for new areas of research in jurisprudence; the transformation of scientific ideas developed by the scientist into social practice is shown, in particular into criminal legislation, law enforcement and criminological measures to prevent crime, resolve conflicts by legal means.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77170959","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
Public power. Law and order. Human rights (Review of the International “Round Table” “The Russian state and the challenges of the XXI century”) 公共权力。法律和秩序。人权(回顾国际“圆桌会议”“俄罗斯国家与二十一世纪的挑战”)
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520026149-4
Dmitrii V. Pozharskii
{"title":"Public power. Law and order. Human rights (Review of the International “Round Table” “The Russian state and the challenges of the XXI century”)","authors":"Dmitrii V. Pozharskii","doi":"10.31857/s102694520026149-4","DOIUrl":"https://doi.org/10.31857/s102694520026149-4","url":null,"abstract":"The review of the International “Round Table” “The Russian state and the challenges of the XXI century”, dedicated to the 70th anniversary of the birth of the famous jurist, Doctor of Law, Professor, Honored Lawyer of the Russian Federation Valery Nikolaevich Butylin, held at the Academy of the Ministry of Internal Affairs of Russia on December 16, 2022, is given.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81348998","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
Ya. Stoilov. Principles of law: concept and application / transl. from Bulgarian by E.M. Kuzmina, G. Kanev 丫。Stoilov。法律原则:概念与适用/译。由E.M. Kuzmina, G. Kanev创作自保加利亚
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024105-6
E. Frolova
{"title":"Ya. Stoilov. Principles of law: concept and application / transl. from Bulgarian by E.M. Kuzmina, G. Kanev","authors":"E. Frolova","doi":"10.31857/s102694520024105-6","DOIUrl":"https://doi.org/10.31857/s102694520024105-6","url":null,"abstract":"The peer-reviewed monograph of the famous Bulgarian lawyer Yanaki Stoilov “Principles of law: concept and application” is an interdisciplinary study in which the topic of principles is covered extremely widely, it reflects not only the phenomena of law and politics, but also ethics, history, logic and even folklore. The book is distinguished by its fundamental, analytical nature and, to a certain extent, innovative approach to the assessments and phenomena of modernity: the problems of the correlation of national and International Law, legality and legitimacy, the legal and social state, the possibilities and limits of democracy, etc.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"81 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82665716","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
Fighting crime as a life strategy (touches to the portrait of the Academician) 把打击犯罪作为一种人生策略(涉及到院士的画像)
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024625-8
A. Aleksandrov
{"title":"Fighting crime as a life strategy (touches to the portrait of the Academician)","authors":"A. Aleksandrov","doi":"10.31857/s102694520024625-8","DOIUrl":"https://doi.org/10.31857/s102694520024625-8","url":null,"abstract":"April 2023 marks the 100th anniversary of the birth of the outstanding Soviet and Russian lawyer, criminologist, Academician, Vice-President of the Russian Academy of Sciences Vladimir Niko-laevich Kudryavtsev. The article, based on the scientific heritage of V.N. Kudryavtsev, reveals topical issues of combating crime: starting with general philosophical ideas about criminal behavior and end-ing with specific aspects of the preliminary investigation and trial. Special attention is paid to the state-legal ideology, its necessity in a democratic state governed by the rule of law. The issues of criminal policy, crime prevention, and the use of punishment are considered. The absolutization of the ac-cused’s admission of guilt and the accusatory bias in the administration of justice are criticized.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"46 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88512079","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
Criminal Law and operational investigative activity: problems of legislation, science and practice 刑法与侦查活动:立法、科学与实践问题
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520025208-9
A. M. Pleshakov
{"title":"Criminal Law and operational investigative activity: problems of legislation, science and practice","authors":"A. M. Pleshakov","doi":"10.31857/s102694520025208-9","DOIUrl":"https://doi.org/10.31857/s102694520025208-9","url":null,"abstract":"The scientific article provides a brief overview of the work of the VIII International Scientific and Practical Conference “Criminal Law and operational investigative activities: problems of legislation, science and practice”, held on April 28 - 29, 2022 at the Research Institute of the Federal Penitentiary Service. More than a hundred doctors and candidates of sciences, including scientists from the Republic of Belarus, Azerbaijan, Kazakhstan and Vietnam, took part in the conference. At the meetings, the problems of cross-sectoral regulation and the relationship between the norms of the Criminal Law and the Federal Law “On operational investigative activities”; countering the provocation of crimes in the Russian Federation and abroad; grounds for a criminal-legal prohibition and their significance for conducting operational-search activities; using the results of operational investigative activities for the qualification of criminal acts and their prevention. The article presents a summary and the main conclusions contained in the speeches of the conference participants.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88678851","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
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