Sovetskoe gosudarstvo i pravo最新文献

{"title":"About alternative legal constructions of regulation of financial relations","authors":"S. Zapolsky","doi":"10.31857/s102694520024777-5","DOIUrl":"https://doi.org/10.31857/s102694520024777-5","url":null,"abstract":"The article examines alternative legal institutions for the regulation of financial relations, the causes of which are, on the one hand, a change in the principles of the international financial system and the need to counter geopolitical risks, and on the other hand, the imperfection of the mechanism of financial and legal regulation, including the inconsistency of financial and legal norms, as well as the firm opinion that the Financial Law does not have its own legal instruments, etc. By alternative legal constructions, the authors of the article understand the action of legal instrument, the use of which is dictated by non-standard or not foreseen situations in the course of legal regulation of financial relations. Without excluding the possibility of using alternative legal regulation in some situations, the authors formulate a conclusion that the application of this approach should not cause the invariance of the actions of the law enforcer: the choice between legal and semi-legal regulation of financial relations. The alternative approach should be seen as restorative and subsidiary to the mainstream legal regime","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":"89633960","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":"Big Data in healthcare: cybersecurity and legal protection of personal data","authors":"S. Polubinskaya","doi":"10.31857/s102694520025938-2","DOIUrl":"https://doi.org/10.31857/s102694520025938-2","url":null,"abstract":"Digitalization of Russian healthcare leads to an increase of digital medical data, which eventually becomes Big Data and requires secure ways to collect, process, store and use such information. In this article, the authors analyze legal acts that govern ways to protect medical information in digital form, as well as those that establish the legal regime of personal data. The authors draw attention to the risks of re-identification of anonymized medical data and difficulties to comply with some requirements of the personal data legislation in use of Big Data technologies. In discussion on liability for offences and crimes in the sphere of computer information, the authors propose to consider healthcare information systems containing personal data as objects of critical information infrastructure of the Russian Federation. Such regime would allow to charge unlawful access to the information contained and other criminal acts under Article 274¹ of the Criminal Code of the Russian Federation. Prevalence of information and communication technologies as a method of encroachments on the digital medical data, and ultimately an intrusion into privacy, leads authors to the conclusion about expediency of addition of Article 137 of the Criminal Code of the Russian Federation with the relevant aggravating circumstance.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91171318","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 security and legal certainty of the individual: constitutional and legal aspect","authors":"Dzhamilya Veliyeva","doi":"10.31857/s102694520026151-7","DOIUrl":"https://doi.org/10.31857/s102694520026151-7","url":null,"abstract":"In this article doctrinal approaches to the concept of legal safety are analyzed. In domestic jurisprudence legal safety, as a rule, is considered, first, as safety is right (a legal system, positive law) and, secondly, as legal security (security the right) from the most various threats. Meanwhile, in the first case the subject approach to a problem is almost completely ignored, and legal safety is presented in the form of set of certain requirements to quality of the law. In the second - the concept of legal safety excessively extends as practically all spheres of public life are to a degree covered by legal regulation. From this point of view the subnotion of legal safety gets, for example, ensuring labor protection or criminal protection of interests of society and the person. At the same time both approaches don’t consider “a human factor”: the person in this case is considered only as subject to protection. In this regard legal safety is considered as “part” or “component” of national security. At the same time, there is also an alternative point of view which was developed mainly in the foreign doctrine. According to her legal safety is considered as security of the personality from legal risks. From this point of view legal safety assumes lack of retroactive effect of the law, maintenance of legitimate trust, etc. In this sense legal safety approaches a concept of legal definiteness. On the basis of the analysis of the scientific points of view and legal positions of the Constitutional Court of the Russian Federation the authors come to a conclusion that legal safety represents the requirement of the actual or material legal definiteness. The fundamental principle of such material definiteness - maintenance of trust to the law and actions of public authorities that assumes not only formal aspect of lack of retroactive effect of the law, but also verification of the positive legislation of the rights which are rather affirmed by the constitution and freedoms of the person and citizen.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"84 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89886189","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":"Judicial and legal progress as a special category of modern law","authors":"A. Maksurov","doi":"10.31857/s102694520025631-5","DOIUrl":"https://doi.org/10.31857/s102694520025631-5","url":null,"abstract":"The article deals with the problems of defining the category of “judicial-legal progress” at the present stage of development of law.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"128 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88065649","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":"Nuremberg Tribunal as a symbol of the triumph of justice at a turning point in modern human history A.N. Savenkov. Nuremberg: A Verdict for name of Peace","authors":"Azer Jafarov","doi":"10.31857/s102694520025925-8","DOIUrl":"https://doi.org/10.31857/s102694520025925-8","url":null,"abstract":"It would seem that today a huge number of works have been written about the Nuremberg Trials, in which various facets of this unique example of justice in the history of mankind are considered in great detail. But this is only at first glance, because after getting acquainted with the monograph of Professor A.N. Savenkov, it becomes obvious that it touches upon such layers of the International Military Tribunal that were not previously the subject of a special study. In addition, the publication of this remarkable book is justified by at least three more reasons. First, today many authors tend to idealize the first International Military Tribunal, established ad hoc, although it is not a tuning fork of justice in its current sense. It was, above all, an organ of transitional justice. Therefore, with all its historical, political and legal merits, it was not free from certain shortcomings of a legal and moral nature. In this regard, it is enough to refer, for example, to his verdict, in which not all the crimes committed by high-ranking officials and institutional structures of Nazi Germany during the Second World War found their reflection or due legal assessment. Secondly, this work is one of those exceptions in a series of numerous works about the Nuremberg Trials, which gives a historically more reliable and legally, better grounded assessment of the events that took place in the Palace of Justice of the German city of Nuremberg from November 20, 1945 to October 1, 1946, where the trial of the main Nazi criminals was held. Key words: Nuremberg Tribunal, IMT Charter, crimes against peace and humanity, justice, accuser, defendant, defender, verdict, punishment, execution of the verdict.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86567711","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":"Ways of constitutionalization of Russian justice","authors":"M. A. Malina","doi":"10.31857/s102694520024770-8","DOIUrl":"https://doi.org/10.31857/s102694520024770-8","url":null,"abstract":"The article justifies the approach, according to which in order to achieve a fair structure of public life, it is necessary to ensure the full implementation in reality of the provisions of the Constitution of the Russian Federation. The most acute issue of achieving justice is in relation to judicial activity. Therefore, the task of constitutionalization Russian justice comes to the fore here. This process is investigated in the scope of the legislative branch and in the scope of the judicial branch and on this basis the main ways to solve this problem are determined. Particular attention is paid to the study of the role of the Constitutional Court of the Russian Federation, as well as the jury trial","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"54 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86527010","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 innovative word of Academician I.M. Ragimov I.M. Ragimov. On the morality of punishment / foreword by H.D. Alikperov","authors":"Z. Toschenko","doi":"10.31857/s102694520025953-9","DOIUrl":"https://doi.org/10.31857/s102694520025953-9","url":null,"abstract":"We would like to note right away that we are dealing with the work of Doctor of Law, Professor, foreign member of the Russian Academy of Sciences I.M. Ragimov, Honored Lawyer of the Republic of Azerbaijan, in which he offers to reflect on this important and practically undeveloped problem – the relationship between morality and punishment – not only to lawyers, but also to a wide range of representatives of all social and humanitarian sciences. And even more – to all readers, one way or another interested in the knowledge of law and such an important problem as the nature of punishment. This is especially important for a mass audience, since the book is written in a good Russian literary language, which clearly and clearly sets out difficult legally complex problems. Usually in the social science literature, the relationship between law and morality is analyzed in terms of how and on what grounds they differ from each other. It shows how their interrelationship changed during a particular historical period, among a particular people, and how this was reflected in legislation. I.M. Ragimov offers a unique idea – to consider the problems of morality of punishment itself, the limits of its understanding, possible interpretation and use under a variety of circumstances. This innovative idea, in our opinion, goes back to the same approach in law, which was laid down by Russian lawyers at the beginning of the twentieth century – B.A. Kistyakovsky, N.M. Korkunov, P.I. Novgorodtsev et al, who drew attention to why legal acts are not reflected in the minds and consciousness of people and why many laws remain formal documents and remain the lot of only the legislators themselves. In other words, those who deal with the adoption of laws should know how they reach and are fixed in the public consciousness and behavior. The purpose of this review is to analyze this phenomenon on the basis of such an important scientific and applied concept as “social contract”, which is mentioned in the monograph, but only from certain positions. It is on him, taking into account the philosophical, sociological, socio-psychological approach, that we will focus our attention.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"153 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86138063","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":"Prosecutor in the court debate of the parties in the criminal process of the Russian Empire","authors":"Vasily Gorbachev","doi":"10.31857/s102694520023539-3","DOIUrl":"https://doi.org/10.31857/s102694520023539-3","url":null,"abstract":"The article analyzes the legal status and the actual role of the prosecutor in the judicial debate of the parties in the criminal process of the Russian Empire. The overall result of the consideration of the criminal case largely depends on this part of the trial. And the study of historical experience is necessary for a better understanding and solution of the problems of modern criminal procedure, which is based on many principles established by the judicial reform of 1864. The judicial debates were a manifestation of the new principle of adversarial in criminal process. In their accusatory speeches, the prosecutors often not only went beyond the established limits of the debate, but also did not comply with moral requirements in relation to defendants and defenders. In some cases, there were conflicts between prosecutors and defense lawyers in the trial, and the most gross violations of the rules of conduct by the parties of the debate led to the cancellation of the verdicts by the Governing Senate. At the initial stage after the judicial and military-judicial reforms, the prosecutors in court were correct and unbiased. However, in the 1880s, the tendency of their accusatory bias increased, mainly in political cases","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"2009 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82584023","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":"State crimes in the system the Special part of the Criminal Code of the RSFSR and the Criminal Code of the Russian Federation","authors":"J. Nikolaeva","doi":"10.31857/s102694520024123-6","DOIUrl":"https://doi.org/10.31857/s102694520024123-6","url":null,"abstract":"A retrospective analysis of the formation of norms on state crimes is inseparable from the history of Russia’s development and allows us to determine their place in the system of a special part of criminal legislation of various historical periods. In the article, the author puts up for discussion one of the important debatable issues of legal science and practice – what is primary, the state (as a social institution) or a person and, as a result of possible answers to this question, analyzes the legal mechanisms of state protection of human rights and freedoms. Using the example of a comparative legal study of the composition of state crimes in the Criminal Code of the RSFSR of 1960 and the Criminal Code of the Russian Federation of 1996, as well as scientific discussions on this topic, the author formulates the conclusion that the analysis of the tasks facing the Criminal Code of the RSFSR of 1922, 1926, 1960, indicates the focus of codified acts on the protection of existing public relationships. In Article 2 of the Criminal Code of the Russian Federation of 1996, for the first time, in addition to protection, the task of preventing crimes is fixed. Its implementation, in turn, predetermined the appearance in a Special part of the Criminal Code, including in Chapter 29, of incentive norms on the release of persons who have committed specific crimes from criminal liability in the presence of appropriate positive behavior.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76392416","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":"To the question of the definition and features of corporate norms","authors":"N. Makarova","doi":"10.31857/s102694520019091-9","DOIUrl":"https://doi.org/10.31857/s102694520019091-9","url":null,"abstract":"The article is devoted to formulating the definition and highlighting the system of signs of corporate norms as a special kind of social regulators from the standpoint of the Russian legal science. The author emphasizes the ever-increasing role of corporate norms, which is due to the processes taking place in it. As features of corporate norms, the following are defined: formalized nature, focus on ensuring the functioning of non-state associations, addressing exclusively to entities that are members of such associations, provision with measures of non-state influence, etc. On the basis of the distinguished features, it is proposed to understand corporate norms as formally defined social norms aimed at ensuring the functioning of non-state associations, regulating their internal issues, provided by measures of influence from these associations.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89905758","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}