Sovetskoe gosudarstvo i pravo最新文献_第6页

Financial and Customs Control: Aspects of Correlation and Problems of Delimitation 金融和海关管制:相关方面和划界问题

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520021450-6

S. Agamagomedova

{"title":"Financial and Customs Control: Aspects of Correlation and Problems of Delimitation","authors":"S. Agamagomedova","doi":"10.31857/s102694520021450-6","DOIUrl":"https://doi.org/10.31857/s102694520021450-6","url":null,"abstract":"In the context of the reform of control and supervision activities, it is important to distinguish between the various areas of state control and supervision in certain areas of regulation. With regard to the customs sphere, one can state the simultaneous use of the categories of financial and customs control without determining the limits of control and supervisory influence. An analysis of the existing positions on the ratio of these types of state control made it possible to identify four methodological approaches to the model of such a ratio. The selected approaches are based on the identification, absorption, delimitation of financial and customs control, substantiation of scientific categories that unite them, consolidating their regulation and implementation. The existing approaches are united by the recognition of the inseparable connection, mutual conditionality of the categories under consideration and are based on theoretical provisions on the complexity of customs law and the comprehensive nature of financial control in public administration. On the basis of the analysis carried out, the concept of partial absorption is proposed to justify the relationship between customs and financial control. The part of customs control related to the payment of customs duties is positioned as an element of state financial control. At the same time, financial control exercised in the field of cross-border movement of goods can be attributed to customs control. In modern conditions, the role of the financial aspects of customs control is gradually decreasing.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"2001 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82852754","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

Fundamental contribution to the study of the problems of the law of international treaties Modern concept of interpretation of international treaties 对国际条约法问题研究的根本性贡献国际条约解释的现代概念

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024347-2

A. Vylegzhanin

引用次数: 0

Public financial control in the financial markets: features and prospects of development 金融市场公共财政管制:特点与发展前景

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024822-5

S. Tropskaya

引用次数: 0

Fair justice M.I. Kleandrov. Justice and fairness. 2nd ed., rev. and exp. 公平正义，克兰多夫先生。正义和公平。第2版，修订版和修订版。

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520026802-3

E. Vinogradova

引用次数: 0

Procedural status of a member of the election commission 选举委员会成员的程序地位

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024773-1

N. Turischeva

{"title":"Procedural status of a member of the election commission","authors":"N. Turischeva","doi":"10.31857/s102694520024773-1","DOIUrl":"https://doi.org/10.31857/s102694520024773-1","url":null,"abstract":"The article is devoted to the issues of the procedural status of members of election commissions as collegiate bodies entrusted with the performance of publicly significant functions in the field of organizing elections. The presence of their own jurisdictional powers of election commissions brings to the fore the issues of the content of the procedural status of their members. The dualistic nature of the status of a member of an election commission consists in the exercise of one's own individual powers and the powers of a member of an election commission as a collegial body. Regardless of the level of the commission itself, one can speak of the universality of the procedural status of a member of the election commission, based on ensuring the tasks of exercising electoral rights and forming public authorities. In 2022, changes were made to the electoral legislation that change the system of electoral commissions with the simultaneous exclusion of members with the right to consultative vote in the commissions of the middle and lower levels. The author comes to the conclusion that the change in the structure of the commissions changes the functional component of the procedural status of a member of the territorial election commission. The introduction of innovations neutralizes the internal conflict of the status of a member of the commission, whose powers are returned to the mainstream understood in the broadest sense of observance and protection of electoral rights. The analyzed changes in the electoral legislation reflect the shift of the center of the constitutional and legal protection of electoral rights from the sphere of realization of the individual interests of the participants in the electoral process towards ensuring objective control when establishing the voting results.","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":"81356752","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

Confiscation as a civilistic instrument of the state’s anti-corruption policy 没收作为国家反腐败政策的一种文明手段

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520025190-0

A. Aryamov

{"title":"Confiscation as a civilistic instrument of the state’s anti-corruption policy","authors":"A. Aryamov","doi":"10.31857/s102694520025190-0","DOIUrl":"https://doi.org/10.31857/s102694520025190-0","url":null,"abstract":"The article deals with topical issues of legal regulation and law enforcement practice of action in rem confiscation. The purpose of this article is to study the individual elements of confiscation in rem related to the objects subject to confiscation and the circle of persons in relation to whom it is applied in order to justify the effectiveness of its use in the fight against corruption. The subject of the study is the norms of foreign and national law that regulate the civil law mechanism for the confiscation of income, the source of which is not confirmed by persons who are obliged to declare their income, expenses, property and property obligations. The methodological basis of the study was the provisions of dialectical materialism, as well as general scientific and particular scientific methods, such as analysis, synthesis, generalization, logical-theoretical, systemic-structural, formal-legal, comparative-legal and some other methods. It is concluded that the use of action in rem confiscation in the Russian Federation is “truncated”, since it applies only to a certain list of unconfirmed income and is applied to a limited number of people. The paper assesses the positive dynamics in expanding the list of objects of confiscation action in rem by including funds, the legality of which has not been established. A contradiction has been revealed between the legislative consolidation of the list of persons in respect of whom such confiscation is applied and judicial practice, including the possibility of seizing unconfirmed income from other persons. It is concluded that it is necessary to expand the use of the institution action in rem as one of the effective ways to combat corruption, which does not violate the constitutional rights and interests of the persons in respect of which it is applied and does not contradict the procedural law","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"68 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80073628","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 impact of digital technologies on improving the legal regulation of criminal procedural activities 数字技术对完善刑事诉讼活动法律规制的影响

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520022898-8

S. Vershinina

引用次数: 0

Legal protection of human life and health in the process of using artificial intelligence 在使用人工智能过程中对人类生命和健康的法律保护

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520020506-7

Evsikov Kirill

{"title":"Legal protection of human life and health in the process of using artificial intelligence","authors":"Evsikov Kirill","doi":"10.31857/s102694520020506-7","DOIUrl":"https://doi.org/10.31857/s102694520020506-7","url":null,"abstract":"The Russian Federation, within the framework of the experimental legal regime, has begun testing automated vehicles controlled by artificial intelligence systems in real conditions. Self-driving cars have become full-fledged road users in Moscow. In special legal regimes created for the operation of artificial intelligence systems, some federal laws and by-laws do not apply, which reduces the legal guarantees of human rights. The article considers the situation when this poses a threat to the right to life and human health. During operation of a source of increased danger, the developer and the user are based on the likelihood of harm to the third parties. Similar situations will occur with automated vehicles. This means that an unmanned vehicle will have to make decisions on whom to hit. The ethical and legal dilemma when artificial intelligence chooses a person, whom it will harm, is not resolved in the domestic law. There is no doubt that such issues should be reflected in the machine code of any information system. To do this, the actions of the creator of artificial intelligence systems should be regulated by law. The author proposes a classification of artificial intelligence systems, which will create three models of legal regulation: systems regulated by “soft” law, systems regulated by machine-readable law, systems on the use of which a temporary moratorium has been introduced. The implementation of these proposals will contribute to the protection of human life and health in the process of using artificial intelligence without a negative effect on the development of digital technology.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89094543","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

Remembering Academician V.N. Kudryavtsev… 记住V.N.库德里亚夫采夫院士……

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024768-5

E. Lukasheva

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Protection of competition as a necessary condition for ensuring economic security 保护竞争是保障经济安全的必要条件

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520025937-1

A. Ovcharov

引用次数: 0