Sovetskoe gosudarstvo i pravo最新文献_第7页

The origin of the state in the studies of P.A. Kropotkin 克鲁泡特金研究中的国家起源

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520025952-8

A. N. Timonin

引用次数: 0

General principles of law in the regulation of space activities 管理空间活动的一般法律原则

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024341-6

G. Shinkaretskaya

引用次数: 0

Procedural means of combating extremism 打击极端主义的程序手段

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520018238-2

Ladmila Bormotova

{"title":"Procedural means of combating extremism","authors":"Ladmila Bormotova","doi":"10.31857/s102694520018238-2","DOIUrl":"https://doi.org/10.31857/s102694520018238-2","url":null,"abstract":"In this article, using the comparative legal method, criminal procedural measures to counter extremist crimes are considered. For this purpose, the legislation of several States belonging to different legal families has been studied. The author concludes that in the global trends of countering extremism and terrorism, there is an active inclusion in the criminal procedure sphere not only measures to identify and solve crimes of the designated orientation, but also recompesatory technologies are being introduced. Under them, in the most general form, it is proposed to understand a kind of rejection of the procedural form in general or its replacement with non-traditional tools in favor of the final result in a criminal case. Similar means of combating extremism abroad take place where police and judicial discretion is developed, which significantly differs from the formalization of criminal investigation and judicial proceedings. There is no special procedural form for criminal cases on extremism or terrorism in the Russian Federation. The criminal procedure legislation provides for the possibility of concluding a pre-trial cooperation agreement and the adoption of a final decision by the court in such a case in a special order. Foreign mechanisms are much broader and depend on the discretion of the law enforcement officer. At the same time, in addition to the court, the right to simplify or complicate procedures may belong to the prosecutor’s office or even the police. This, according to the author, is the fundamental difference in approaches to combating extremist crimes and at the same time a direction for thinking about the possibilities of implementing effective means into domestic legislation and practice.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"83 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81013501","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 and military-criminal legislation in the creative heritage of P.S. Romashkin p·s·罗玛什金创作遗产中的刑事和军事刑事立法

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520025193-3

A. Chuchaev

{"title":"Criminal and military-criminal legislation in the creative heritage of P.S. Romashkin","authors":"A. Chuchaev","doi":"10.31857/s102694520025193-3","DOIUrl":"https://doi.org/10.31857/s102694520025193-3","url":null,"abstract":"Pyotr Semyonovich Romashkin (1915 - 1975) – Corresponding Member of the USSR Academy of Sciences, Doctor of Law, Professor; in 1958 - 1964 he headed the Institute of State and Law of the USSR Academy of Sciences, after 1964 he headed the Sector of General Problems of Criminal Law of the Institute. Author of a number of works on Criminal and International Criminal Law. The article analyzes his monograph “The main principles of the criminal and military criminal legislation of Peter the Great” (Moscow, 1947) - the first and, unfortunately, the last in the Soviet and post-Soviet criminal law literature study of the legislation of the Peter the Great era. The general issues of the Criminal and Military Criminal Law of Peter the Great are considered, its difference from both the previous criminal legislation and the Cathedral Code of 1649, which operated along with the military Articles of 1715. The author’s views on the crime and punishment reflected in the imperial acts, his assessment of the scope of these Articles, types of punishments and, in particular, the death penalty are investigated. P.S. Romashkin expressed his own point of view on a number of issues, therefore, the work of pre-revolutionary criminologists on both Criminal and Military Criminal Law is widely used in the article.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"71 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86352931","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

Administrative-legal support for the development of innovation clusters in modern Russia 现代俄罗斯创新集群发展的行政法律支持

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024776-4

L. N. Smorchkova

引用次数: 0

To the question of the principle of justice in Roman Law 论罗马法中的正义原则问题

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024863-0

O. Lysenko

引用次数: 0

The civil case of the “red count” “红伯爵”民事案件

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024128-1

A. Vershinin

引用次数: 0

Tax legislation of “white” Siberia during the Russian Civil War 俄国内战期间“白色”西伯利亚的税收立法

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024336-0

V. Medvedev

{"title":"Tax legislation of “white” Siberia during the Russian Civil War","authors":"V. Medvedev","doi":"10.31857/s102694520024336-0","DOIUrl":"https://doi.org/10.31857/s102694520024336-0","url":null,"abstract":"The article examines the problem of state regulation of the tax sphere by the anti-Soviet governments of Siberia, which is poorly studied in historical and legal science. It is revealed that the Temporary Siberian and Russian governments carried out tax administration on the basis of pre-revolutionary legislation, making adjustments to it adequate to the conditions of the time. The pre-revolutionary tax apparatus was used to collect tax revenues. It was found that in the conditions of inflation, the flow of funds to the treasury was insufficient, and the legislator provided for an increase in the rates of existing taxes, the introduction of new sources of taxation and the revision of tax benefits, while the main attention was paid to the collection of indirect taxes. It is determined that in the conditions of widespread reluctance of the population to pay taxes, some positive effect was given by legislative innovations in the collection of income tax from employees, the function of collecting which was assigned to the administration of enterprises and institutions. It is revealed that the municipal authorities, whose budgets were formed according to the residual principle, were in the worst situation. It is stated that the Russian government was forced to widely use forceful methods of tax collection, involving police structures and military teams for this purpose, whose brutal actions caused discontent among the population, and which negatively affected the legitimacy of the government.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"39 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77873995","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 concept of the unity of the judicial system according to the Regulations on the Judiciary of the RSFSR of 1922 (To the 100th anniversary of the Supreme Court of the Russian Federation) 根据1922年俄罗斯联邦社会主义共和国司法条例(至俄罗斯联邦最高法院成立100周年)司法系统统一的概念

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024100-1

E. Burdina

{"title":"The concept of the unity of the judicial system according to the Regulations on the Judiciary of the RSFSR of 1922 (To the 100th anniversary of the Supreme Court of the Russian Federation)","authors":"E. Burdina","doi":"10.31857/s102694520024100-1","DOIUrl":"https://doi.org/10.31857/s102694520024100-1","url":null,"abstract":"The history of the formation of the Soviet judicial system is not simple. In the first years after the October events of 1917, the formation of the judicial system did not proceed according to previously tested and agreed upon principles. Judicial construction was rather spontaneous, and judicial institutions were repeatedly created and rebuilt for political purposes. In the first five years of the new government, judicial institutions acted under the authority of various authorities and based on principles that contradicted the foundations of a rational judicial organization. With the adoption of the Regulations on the judiciary of the RSFSR in 1922, the theoretical concept of the unity of the courts was put into practice, a system of people’s courts was created, which showed its viability over a century of history. The organization of courts on the principles of their unity, accessibility and simplicity of construction, the unity of judicial practice predetermined many fundamental aspects of the national judiciary, and also influenced the models of judicial systems in foreign countries.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84774720","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 history of law in the life of Professor Nina A. Krasheninnikova: to the 95th anniversary Nina A. Krasheninnikova教授一生中的法律史:至95周年

Sovetskoe gosudarstvo i pravo Pub Date : 2023-01-01 DOI: 10.31857/s102694520024163-0

E. Trikoz

{"title":"The history of law in the life of Professor Nina A. Krasheninnikova: to the 95th anniversary","authors":"E. Trikoz","doi":"10.31857/s102694520024163-0","DOIUrl":"https://doi.org/10.31857/s102694520024163-0","url":null,"abstract":"On the anniversary of the 95th anniversary, the legendary professor of legal history and a prominent orientalist lawyer from Moscow University, the founder of her own scientific school with numerous students and followers, Nina A. Krasheninnikova again stands before our eyes with her unique and bright scientific world of universal legal history and non-Western legal cultures. This article describes the beginning of her long scientific journey, first in the editorial environment of Moscow institutions, in parallel with the preparation of a dissertation research in English law. Then the stage of formation within the framework of scientific and pedagogical activity at the university of the “eastern direction” of her scientific research and close study of the colonial legal culture, preparation of a doctoral dissertation on traditional Hindu and post-colonial Indian Law is shown. Throughout her life, the professor has been engaged in consistent educational and methodological updating of the course on the General history of law, gaining new associates and direct students, participating, together with her graduate students and colleagues, in large research and educational projects, including an anthology of world legal thought, collections of translated documents and etc.","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":"77047165","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