Sovetskoe gosudarstvo i pravo最新文献

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War as an ecological catastrophe: minimization strategies 作为生态灾难的战争:最小化策略
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520021672-0
S. Milyukov
{"title":"War as an ecological catastrophe: minimization strategies","authors":"S. Milyukov","doi":"10.31857/s102694520021672-0","DOIUrl":"https://doi.org/10.31857/s102694520021672-0","url":null,"abstract":"In this article, an attempt is made to assess the environmental harm from military conflicts, military-environmental problems. The authors note that military actions cause direct and indirect harm to all ecosystems, and the preparation and conduct of military operations require enormous material resources obtained through predatory exploitation of population and natural resources. Conditionally, the impact of war on the environment can be divided into four stages: preparation for war; maintenance and operation of military equipment and military facilities; direct military operations; postwar reconstruction.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86494997","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 specifics of states and the harmonization of international human rights norms 各国的具体情况和国际人权规范的协调
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520025926-9
V. Kartashkin
{"title":"The specifics of states and the harmonization of international human rights norms","authors":"V. Kartashkin","doi":"10.31857/s102694520025926-9","DOIUrl":"https://doi.org/10.31857/s102694520025926-9","url":null,"abstract":"This publication reveals the content and specifics of the complex process of interstate harmonization of human rights norms against the background of the formation and development of modern International Law as the main regulator of international relations. The author believes that an analysis of the experience and practice of this coordination will help to better understand not only the key cause of the current crisis in international relations, but also the possibilities of overcoming it. The article traces the different approaches of states to the formation and observance of the principles and norms in the field of human rights - from the Cold War to the warming of the international situation, and then in the conditions of modern interstate relations. The publication concludes with the conclusion that the geopolitical situation in the world has a serious impact on modern International Law. Today, International Law is at a turning point: in which direction the main vector of its movement will be directed will become clear in the near future.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86665317","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
Application of the historical method in Russian lawmaking in the first half of the 19th century: from practice to theory 历史方法在19世纪上半叶俄罗斯立法中的应用:从实践到理论
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520021085-4
Shatkovskaya Tatiana
{"title":"Application of the historical method in Russian lawmaking in the first half of the 19th century: from practice to theory","authors":"Shatkovskaya Tatiana","doi":"10.31857/s102694520021085-4","DOIUrl":"https://doi.org/10.31857/s102694520021085-4","url":null,"abstract":"Тhe article is devoted to the substantiation of the scientific and practical significance of the application of the historical method in the legislative process on the example of the experience of Russian codification in the first half of the 19th century. The article proves that more than one hundred and thirty years of codification experience in the Russian Empire confirms the obligatory nature of the historical method not only in the implementation of codification, but also in the adoption of generally valid laws. The author believes that M.M. Speransky gave an example of the practical use of the history of law, critically reviewing the experience of previous codifications in the preparation of the Complete Collection and the Code of Laws and developing a technology for the scientific processing of historical normative material. The article proposes an updated and updated interpretation of the content of the historical method and reveals the significance of its application in modern lawmaking.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90517157","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
Self-employment phenomenon: to five-year anniversary of a legal regime 自雇现象:到法律制度成立五周年
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520021329-2
I. Ershova
{"title":"Self-employment phenomenon: to five-year anniversary of a legal regime","authors":"I. Ershova","doi":"10.31857/s102694520021329-2","DOIUrl":"https://doi.org/10.31857/s102694520021329-2","url":null,"abstract":"The article considers economic and social conditions, as well as the process of establishing a legal regime of self-employment. The positive intermediate results of its functioning are indicated, the content is disclosed, including legislative novels. Based on the analysis of law enforcement practice, problem places were identified (ambiguous qualifications of the activities of self-employed citizens; uncertainty with the choice of a court competent to resolve disputes involving new economic entities; low income bar; \"loss\" of individual sources from the subject of taxation; \"false identity,\" etc.), proposals were made to eliminate them.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84674702","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
Crime in the field of housing construction through the prism of legislative reform 通过立法改革的棱镜审视住房建设领域的犯罪问题
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024854-0
Akop V. Vardanyan
{"title":"Crime in the field of housing construction through the prism of legislative reform","authors":"Akop V. Vardanyan","doi":"10.31857/s102694520024854-0","DOIUrl":"https://doi.org/10.31857/s102694520024854-0","url":null,"abstract":"The author analyzes the trends of crime in the field of housing construction, focusing on such an aspect as the high adaptability of developers to the next measures taken at the state level to stabilize the housing market, protect the rights and legitimate interests of participants in shared-equity construction. The author comes to the conclusion that neither the adoption of the Federal Law of December 30, 2004 No. 214-FZ “On participation in the shared construction of apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation”, neither the subsequent addition of such a significant novelty as the escrow account regime, nor the introduction of special restrictive measures of a regional nature, contributed to minimizing illegal acts in this area. Developers continue to undertake methods and techniques of concealing true intentions, which, in general, are expressed in creating the appearance of legitimate entrepreneurial or other activities not prohibited by law, in combination with: a) the production and use of forged title or other documents (for example, documents confirming the rights to a plot of land for construction); b) the commission of fictitious transactions (creating the appearance of acquiring apartments through escrow accounts; transit resale of land); c) using front persons or organizations as fictitious intermediaries. In this regard, the author suggests recommendations to improve the effectiveness of the investigation in terms of identifying elements of fictitious activity as techniques for concealing illegal acts.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78919813","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
Constitutional projects of the twentieth century The Constitution of the Union of Soviet Republics of Europe and Asia 二十世纪的宪法计划欧亚苏维埃共和国联盟宪法
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024779-7
E. Vinogradova
{"title":"Constitutional projects of the twentieth century The Constitution of the Union of Soviet Republics of Europe and Asia","authors":"E. Vinogradova","doi":"10.31857/s102694520024779-7","DOIUrl":"https://doi.org/10.31857/s102694520024779-7","url":null,"abstract":"The study of constitutional projects, as part of the history of Russian statehood, is especially relevant in connection with the formation of institutions of modern domestic constitutionalism. The impetus for the development of this process was received by the adoption of constitutional amendments in 2020. The study of constitutional projects is due to the fact that they contain aspects of theoretical constitutionalism, which is formed at each historical stage of the development of the state and society. The article analyzes the draft Constitution of the Union of Soviet Republics of Europe and Asia, which reflected the contradictions of one of the turning points in the modern history of Russia. Considering this project as part of the national history of state-building, its value and influence on the Constitution of the Russian Federation are emphasized, the formation of the Russian constitutional identity","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82166323","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
“Lethality”: is it permissible to introduce into scientific circulation as an independent medical and legal category V.N. Galuzo. Lethality (medical and legal research) "致命性":是否可以作为一个独立的医学和法律范畴引入科学界。死亡率(医学和法律研究)
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520026806-7
V. M. Redkous
{"title":"“Lethality”: is it permissible to introduce into scientific circulation as an independent medical and legal category V.N. Galuzo. Lethality (medical and legal research)","authors":"V. M. Redkous","doi":"10.31857/s102694520026806-7","DOIUrl":"https://doi.org/10.31857/s102694520026806-7","url":null,"abstract":"The review not only draws attention to the results of the first monographic medical and legal study of the patterns of lethality development, but also evaluates them from the standpoint of the development of jurisprudence in the Russian Federation. The monograph makes a not unsuccessful attempt to correlate several terms: “lethality”, “vitality”, “mortality”, “mortality”. At the same time, a fundamentally important provision is substantiated: the inadmissibility of identifying the terms “lethality” and “mortality”. This made it possible to avoid the traditional approach in covering mortality. In addition, the use of the term “vitality” presupposes the presence of thanatological education of people in educational institutions in the universities of the country, to which clearly insufficient attention is paid","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":"90711174","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 place of Emission Law in the system of educational material 《排放法》在教材体系中的地位
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520025192-2
K. Belsky
{"title":"The place of Emission Law in the system of educational material","authors":"K. Belsky","doi":"10.31857/s102694520025192-2","DOIUrl":"https://doi.org/10.31857/s102694520025192-2","url":null,"abstract":"The article analyzes the monetary system, the norms of Emission Law forming it, highlights the institutions of Emission Law forming a sub-branch of Financial Law. The author shows Emission Law as a sub-branch of Financial Law within broader boundaries acceptable both for educational material and for students’ understanding.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"47 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86032361","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
Natural and artificial intelligence: dialectics of interaction and legal regulators of deviations 自然与人工智能:相互作用的辩证法与法律规制的偏差
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520025956-2
V. I. Zhukov
{"title":"Natural and artificial intelligence: dialectics of interaction and legal regulators of deviations","authors":"V. I. Zhukov","doi":"10.31857/s102694520025956-2","DOIUrl":"https://doi.org/10.31857/s102694520025956-2","url":null,"abstract":"The article examines the theoretical and legal aspects of digitalization as the main direction of socio-economic progress, reveals the dialectic of interaction between natural and constructed (artificial) intelligence, the legal subordination of robotics units and their creators. The paper systematizes the basic concepts that reveal the purpose of the main products of digitalization. Taking into account the real danger posed by the race to use artificial intelligence systems in the field of military technologies, the role of International Law as a guarantor of human security and the preservation of earthly civilization is revealed. At the same time, deviations from the norms of law are analyzed when they seek to endow robotics with legal subjectivity. In essence, the development of anthropoid systems that are not limited by the requirements of legislation represents a dangerous deviation for humanity and predetermines the increasing role of law as a universal regulator of all processes related to the development of digitalization.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88618902","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
Jangir Abbasovich Kerimov – man, scientist, citizen
Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520026809-0
A. Savenkov
{"title":"Jangir Abbasovich Kerimov – man, scientist, citizen","authors":"A. Savenkov","doi":"10.31857/s102694520026809-0","DOIUrl":"https://doi.org/10.31857/s102694520026809-0","url":null,"abstract":"The article is about Jangir Abbasovich Kerimov. An attempt is being made to reveal the defining features of his personality, to tell about him as a true patriot of his Homeland and an outstanding legal scholar. The main stages of his life path are traced; significant historical events that had a significant impact on him are described; meetings and relationships with famous people who inspired him, primarily the largest scientists of the XX – early XXI century, are described; his reflections on the fate of Russia and, of course, the fundamental postulates of the scientific and theoretical concepts proposed by him are analyzed. The article considers D.A. Kerimov’s significant contribution to the development of the subject, structure, functions, categorical apparatus of the General theory of law and the state, which is an organic totality of three interrelated and continuously interacting parts: Sociology of Law, Philosophy of Law and the doctrine of the state.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"2011 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86318310","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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