Pub Date : 2023-03-27DOI: 10.17803/1994-1471.2023.152.7.071-085
E. Berezina
The paper is devoted to the analysis of such legal technology as the use of software agents in law practice. The paper substantiates the relevance of the research topic, gives the concept of a software agent, and provides their classification. Special attention is paid to intelligent software agents, their types used in the implementation of legal activities. The paper provides examples of intelligent software agents-bots used in legal practice; user agents, predictive agents and data search agents that select and analyze information in large data warehouses in order to systematize it, classify and identify trends in individual indicators. It is concluded that the use of software agents in legal practice can be considered as a kind of legal technology in the event that it entails a legally significant result and certain legal consequences. A software agent acts as one of the structural elements of legal technology — a means of carrying out legal activity, a means of achieving a legal result, and the very use of this tool in legal practice is a legal technology. This technology is assigned to certain types depending on various classification criteria. Based on the materials of domestic and foreign legal practice, the author provides specific examples of harm caused by activities carried out with the help of software agents. The author outlines the problems of using software agents in law practice that require further examination.
{"title":"Software Agents in the Practice of Law","authors":"E. Berezina","doi":"10.17803/1994-1471.2023.152.7.071-085","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.152.7.071-085","url":null,"abstract":"The paper is devoted to the analysis of such legal technology as the use of software agents in law practice. The paper substantiates the relevance of the research topic, gives the concept of a software agent, and provides their classification. Special attention is paid to intelligent software agents, their types used in the implementation of legal activities. The paper provides examples of intelligent software agents-bots used in legal practice; user agents, predictive agents and data search agents that select and analyze information in large data warehouses in order to systematize it, classify and identify trends in individual indicators. It is concluded that the use of software agents in legal practice can be considered as a kind of legal technology in the event that it entails a legally significant result and certain legal consequences. A software agent acts as one of the structural elements of legal technology — a means of carrying out legal activity, a means of achieving a legal result, and the very use of this tool in legal practice is a legal technology. This technology is assigned to certain types depending on various classification criteria. Based on the materials of domestic and foreign legal practice, the author provides specific examples of harm caused by activities carried out with the help of software agents. The author outlines the problems of using software agents in law practice that require further examination.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123826047","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}
Pub Date : 2023-03-21DOI: 10.17803/1994-1471.2023.151.6.158-162
A. Bezverkhov, A. Yudin
The paper presents a review of the monograph written by a famous scientist and practitioner Pyotr Pavlovich Serkov titled «Legal relationship (Theory and practice of modern legal policy), a monograph in two parts. Part One is titled «Legal Doctrine and Legal Policies, Part Two is «Generalization of legal experiences of ascent to man, society and the state».The peer-reviewed scientific work prepared by Professor P. P. Serkov is a comprehensive theoretical and applied study of general and special issues of law, including the features of the emergence, change and termination of legal relations in various spheres of social life. The study aims to determine the effectiveness of legal regulators. In characterizing branch legal problems, the author applies encyclopedic approach alongside with deep theoretical generalization. The reader will find original judgments about constitutional, international, substantive, procedural and other types of legal relations in the two-volume book. The reviewers conclude that this fundamental work significantly contributes to the theory of law and the history of political and legal doctrines, and will also be very useful for the practice of law enforcement.
本文对著名科学家和实践者谢科夫的专著《法律关系(现代法律政策的理论与实践)》进行了回顾，该专著分为两个部分。第一部分的题目是“法律学说和法律政策”，第二部分的题目是“上升到人、社会和国家的法律经验概括”。P. P. Serkov教授编写的经同行评议的科学著作是对法律的一般和特殊问题的全面理论和应用研究，包括社会生活各个领域中法律关系的出现、变化和终止的特点。这项研究旨在确定法律监管机构的有效性。在描述分支法律问题时，作者采用了百科全书式的方法，并进行了深入的理论概括。读者可以在这本两卷本的书中找到关于宪法、国际、实体、程序和其他类型法律关系的原始判决。审稿人的结论是，这项基础性工作对法律理论以及政治和法律学说的历史作出了重大贡献，对执法实践也将非常有用。
{"title":"Review of the Monograph by Pyotr P. Serkov «Legal Relationship (Theory and Practice of Modern Legal Policy)» (Moscow: Norma Publ.; 2023)","authors":"A. Bezverkhov, A. Yudin","doi":"10.17803/1994-1471.2023.151.6.158-162","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.151.6.158-162","url":null,"abstract":"The paper presents a review of the monograph written by a famous scientist and practitioner Pyotr Pavlovich Serkov titled «Legal relationship (Theory and practice of modern legal policy), a monograph in two parts. Part One is titled «Legal Doctrine and Legal Policies, Part Two is «Generalization of legal experiences of ascent to man, society and the state».The peer-reviewed scientific work prepared by Professor P. P. Serkov is a comprehensive theoretical and applied study of general and special issues of law, including the features of the emergence, change and termination of legal relations in various spheres of social life. The study aims to determine the effectiveness of legal regulators. In characterizing branch legal problems, the author applies encyclopedic approach alongside with deep theoretical generalization. The reader will find original judgments about constitutional, international, substantive, procedural and other types of legal relations in the two-volume book. The reviewers conclude that this fundamental work significantly contributes to the theory of law and the history of political and legal doctrines, and will also be very useful for the practice of law enforcement.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126546034","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}
Pub Date : 2023-03-21DOI: 10.17803/1994-1471.2023.151.6.075-084
S. Kochoi
The author of the paper proceeds from inviolability of the premise that a person’s life presides the hierarchy of values protected by criminal law. Recognition and actual consolidation of this provision is one of unconditional achievements adopted in the Criminal Code of the Russian Federation of 1996. However, a myriad of additions and amendments made to the Criminal Code of the Russian Federation after it entered into force raises the question of whether they do not call into question the postulate of human life as a priority object of criminal protection?To answer this question, the paper substantiates the thesis that decisive indicators of assessing a person’s life as the most important object of criminal law protection take the place in the system of the Special Part of the Criminal Code of the Russian Federation, which the legislator has assigned to infringeent on life (primarily murder), and the grounds that are established by the General Part of the Criminal Code of the Russian Federation for imposing the strictest of all types of punishment (life imprisonment or death penalty). Based on these indicators, initially established in the Criminal Code of the Russian Federation, the author concludes that at the time of its entry into force, a human life was really at the top of the system of values and goods protected by the Criminal Code. However, at present this conclusion cannot be considered indisputable, since the Criminal Code of the Russian Federation has introduced other norms where the sanctions are stricter than the sanctions of the norm on murder, and the grounds for the appointment of life imprisonment now include not only encroachments on human life. The author proposes to construct sanctions norms — both newly introduced and already existing — in such a way that no crime can be punished more severely than murder. In addition, the author proposes to abandon the legislative and law enforcement practice of absorbing murder by qualifying elements of other crimes, bearing in mind that they should be qualified only cumulatively.
{"title":"Human Life as a Priority Object of Protection under Criminal Law","authors":"S. Kochoi","doi":"10.17803/1994-1471.2023.151.6.075-084","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.151.6.075-084","url":null,"abstract":"The author of the paper proceeds from inviolability of the premise that a person’s life presides the hierarchy of values protected by criminal law. Recognition and actual consolidation of this provision is one of unconditional achievements adopted in the Criminal Code of the Russian Federation of 1996. However, a myriad of additions and amendments made to the Criminal Code of the Russian Federation after it entered into force raises the question of whether they do not call into question the postulate of human life as a priority object of criminal protection?To answer this question, the paper substantiates the thesis that decisive indicators of assessing a person’s life as the most important object of criminal law protection take the place in the system of the Special Part of the Criminal Code of the Russian Federation, which the legislator has assigned to infringeent on life (primarily murder), and the grounds that are established by the General Part of the Criminal Code of the Russian Federation for imposing the strictest of all types of punishment (life imprisonment or death penalty). Based on these indicators, initially established in the Criminal Code of the Russian Federation, the author concludes that at the time of its entry into force, a human life was really at the top of the system of values and goods protected by the Criminal Code. However, at present this conclusion cannot be considered indisputable, since the Criminal Code of the Russian Federation has introduced other norms where the sanctions are stricter than the sanctions of the norm on murder, and the grounds for the appointment of life imprisonment now include not only encroachments on human life. The author proposes to construct sanctions norms — both newly introduced and already existing — in such a way that no crime can be punished more severely than murder. In addition, the author proposes to abandon the legislative and law enforcement practice of absorbing murder by qualifying elements of other crimes, bearing in mind that they should be qualified only cumulatively.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129445610","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}
Pub Date : 2023-03-21DOI: 10.17803/1994-1471.2023.151.6.122-133
V. Slepak
Western sanctions regimes show a high degree of coordination. This applies to almost all aspects of the sanctions policy, including approaches to the possibility of confiscating the property of persons subject to blocking sanctions. However, countries that support autonomous sanctions against Russia follow different paths towards the common goal. The emerging approaches to confiscation make it possible to single out two main areas of legal regulation of this issue. In the legislation of the respective country confiscation can be considered either as an instrument of sanctions legislation, or as a measure of responsibility for violating sanctions legislation. Only two countries have so far chosen to use confiscation as an independent instrument of sanctions policy: Ukraine and Canada. Perhaps the United States will join them, but at present, similar to Switzerland, they use confiscation only as part of countering illegal activities. The draft directives developed by the European Commission demonstrate the EU’s commitment not to jeopardize the obligation to protect private property and provide for the possibility of confiscation in exceptional cases as a measure of influence in the fight against criminal activity. Given the importance of protecting private property for a favorable investment climate, it is most likely that the second path will become dominant: asset confiscation will be seen only as a means of responding to violations of the laws of a country that supports autonomous sanctions.
{"title":"Confiscation of Property in the Context of Sanctions Policy: Legal Aspects","authors":"V. Slepak","doi":"10.17803/1994-1471.2023.151.6.122-133","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.151.6.122-133","url":null,"abstract":"Western sanctions regimes show a high degree of coordination. This applies to almost all aspects of the sanctions policy, including approaches to the possibility of confiscating the property of persons subject to blocking sanctions. However, countries that support autonomous sanctions against Russia follow different paths towards the common goal. The emerging approaches to confiscation make it possible to single out two main areas of legal regulation of this issue. In the legislation of the respective country confiscation can be considered either as an instrument of sanctions legislation, or as a measure of responsibility for violating sanctions legislation. Only two countries have so far chosen to use confiscation as an independent instrument of sanctions policy: Ukraine and Canada. Perhaps the United States will join them, but at present, similar to Switzerland, they use confiscation only as part of countering illegal activities. The draft directives developed by the European Commission demonstrate the EU’s commitment not to jeopardize the obligation to protect private property and provide for the possibility of confiscation in exceptional cases as a measure of influence in the fight against criminal activity. Given the importance of protecting private property for a favorable investment climate, it is most likely that the second path will become dominant: asset confiscation will be seen only as a means of responding to violations of the laws of a country that supports autonomous sanctions.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125540844","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}
Pub Date : 2023-03-15DOI: 10.17803/1994-1471.2023.151.6.052-060
K. V. Chernov
The paper is devoted to the study of legal mechanisms of the impact of international organizations and foreign states on the economies of unfriendly states, including sanctions, their nature and consequences of application. In addition, the paper analyzes legal instruments for countering restrictions, such as tax exemptions, the norms of Russian tax legislation and legislation on precious metals, the norms of foreign legislation, in particular the Constitutional Act of Canada, the Act on Excise Taxes, the judicial practice of the Constitutional Court of the Russian Federation. The paper examines, among other things, the consequences of VAT exemption for the purchase of precious metals by individuals and their impact on the precious metals market. The author conducted a comparative study of the legal regulation of taxation of transactions with precious metals in Canada and its provinces. The paper also analyzes the doctrinal definition of the regulatory function of the tax.
{"title":"Exemption from Indirect Taxes as a Tool to Reduce the Negative Effect of International Sanctions on the Russian Precious Metals Market","authors":"K. V. Chernov","doi":"10.17803/1994-1471.2023.151.6.052-060","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.151.6.052-060","url":null,"abstract":"The paper is devoted to the study of legal mechanisms of the impact of international organizations and foreign states on the economies of unfriendly states, including sanctions, their nature and consequences of application. In addition, the paper analyzes legal instruments for countering restrictions, such as tax exemptions, the norms of Russian tax legislation and legislation on precious metals, the norms of foreign legislation, in particular the Constitutional Act of Canada, the Act on Excise Taxes, the judicial practice of the Constitutional Court of the Russian Federation. The paper examines, among other things, the consequences of VAT exemption for the purchase of precious metals by individuals and their impact on the precious metals market. The author conducted a comparative study of the legal regulation of taxation of transactions with precious metals in Canada and its provinces. The paper also analyzes the doctrinal definition of the regulatory function of the tax.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114839933","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}
Pub Date : 2023-03-13DOI: 10.17803/1994-1471.2023.149.4.105-114
I. A. Gretskiy
One of the urgent problems in the Russian labor market is discrimination against job applicants and employees. In order to deal with this phenomenon, the state establishes various liability measures for employers, including criminal ones, for unreasonable refusal to hire or dismissal because a person has reached retirement age, a woman is pregnant or has children under the age of three years. A key role for the criminal legal classification of these crimes belongs to the specific motive of the employer, which is difficult to establish in practice, encouraging them to violate the equality of the right of a person and a citizen to work, depending on their age, pregnancy or children under the age of three years that a woman has. The paper aims to сonsider problematic issues related to the establishment of the motives of the subjects of crimes provided for in Articles 144.1 and 145 of the Criminal Code of the Russian Federation, and to give recommendations as to solve them. The tasks are to investigate the motive as a crime-forming sign of the offenses provided for in Articles 144.1 and 145 of the Criminal Code of the Russian Federation, and to identify the problems of its establishment in law enforcement practice using the methods of description, analysis and synthesis, generalization, comparison, system-structural and formal logical. The study notes that the difficulties in establishing the discriminatory motives of employers to commit crimes under Articles 144.1 and 145 of the Criminal Code of the Russian Federation are due to the veiling of those under legal motives, the easy concealment of evidence of one’s guilt, as well as a defect in the legislative description. The author proposes recommendations for effective establishment and substantiation of the discriminatory motives of subjects in the offenses provided for in Articles 144.1 and 145 of the Criminal Code of the Russian Federation, as well as eliminating a legislative defect in their description.
{"title":"Discriminatory Motives and Establishment thereof in the Subjective Side of Unreasonable Refusal to Hire a Person or Dismissal of an Employee (Articles 144.1 and 145 of the Criminal Code of the Russian Federation)","authors":"I. A. Gretskiy","doi":"10.17803/1994-1471.2023.149.4.105-114","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.149.4.105-114","url":null,"abstract":"One of the urgent problems in the Russian labor market is discrimination against job applicants and employees. In order to deal with this phenomenon, the state establishes various liability measures for employers, including criminal ones, for unreasonable refusal to hire or dismissal because a person has reached retirement age, a woman is pregnant or has children under the age of three years. A key role for the criminal legal classification of these crimes belongs to the specific motive of the employer, which is difficult to establish in practice, encouraging them to violate the equality of the right of a person and a citizen to work, depending on their age, pregnancy or children under the age of three years that a woman has. The paper aims to сonsider problematic issues related to the establishment of the motives of the subjects of crimes provided for in Articles 144.1 and 145 of the Criminal Code of the Russian Federation, and to give recommendations as to solve them. The tasks are to investigate the motive as a crime-forming sign of the offenses provided for in Articles 144.1 and 145 of the Criminal Code of the Russian Federation, and to identify the problems of its establishment in law enforcement practice using the methods of description, analysis and synthesis, generalization, comparison, system-structural and formal logical. The study notes that the difficulties in establishing the discriminatory motives of employers to commit crimes under Articles 144.1 and 145 of the Criminal Code of the Russian Federation are due to the veiling of those under legal motives, the easy concealment of evidence of one’s guilt, as well as a defect in the legislative description. The author proposes recommendations for effective establishment and substantiation of the discriminatory motives of subjects in the offenses provided for in Articles 144.1 and 145 of the Criminal Code of the Russian Federation, as well as eliminating a legislative defect in their description.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"2673 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116781230","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}
Pub Date : 2023-03-13DOI: 10.17803/1994-1471.2023.149.4.093-104
A. А. Mokhov
The paper is devoted to the study of the main problems of legal regulation of medical activity in modern conditions. The author explains problematic aspects of organizational, legal, and doctrinal nature. The author highlights that medical activity as a separate group of economic relations can and should become a starting category for regulating close, but not identical, groups of legal relations in healthcare. The author proposes the main outlines of a possible concept of legal regulation of medical activity. The author elucidates his standing concerning the complex system of legal regulation of medical activity, its irreducibility to the subject field of medical services or medical care. The legitimization of medical activity involves the development of general, specific, as well as special (extraordinary) legal regimes for its implementation. The approach to the legal regulation of medical activity as a separate branch (field) of the economy (based on the totality of its economic, social and other effects), in the author’s opinion, allows us to form a consistent system of legislation regulating medical practice and healthcare legal relations in general.
{"title":"The Concept of Legal Regulation of Medical Activities","authors":"A. А. Mokhov","doi":"10.17803/1994-1471.2023.149.4.093-104","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.149.4.093-104","url":null,"abstract":"The paper is devoted to the study of the main problems of legal regulation of medical activity in modern conditions. The author explains problematic aspects of organizational, legal, and doctrinal nature. The author highlights that medical activity as a separate group of economic relations can and should become a starting category for regulating close, but not identical, groups of legal relations in healthcare. The author proposes the main outlines of a possible concept of legal regulation of medical activity. The author elucidates his standing concerning the complex system of legal regulation of medical activity, its irreducibility to the subject field of medical services or medical care. The legitimization of medical activity involves the development of general, specific, as well as special (extraordinary) legal regimes for its implementation. The approach to the legal regulation of medical activity as a separate branch (field) of the economy (based on the totality of its economic, social and other effects), in the author’s opinion, allows us to form a consistent system of legislation regulating medical practice and healthcare legal relations in general.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131302879","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}
Pub Date : 2023-03-13DOI: 10.17803/1994-1471.2023.149.4.172-183
Yu. O. Verbitskaya
The paper deals with the concept of premises used by public branches of law from the point of view of urban planning law. The study is original in that that in literature premises are studied primarily considering the possibility to act as the subject of civil law transactions. This paper reveals the meaning invested by the legislator in the concept of premises from the point of view of administrative, urban planning, criminal legislation, norms on safety of buildings and structures, sanitary norms and rules. Can there be premises as part of non-permanent structures? How does this relate to the real estate regime? Can there be one-room premises? It depends, for example, whether a trade pavilion needs to be equipped with a fire alarm, whether it is possible to smoke on the summer veranda of a public catering facility, whether it is necessary to equip the pavilion with air recirculation systems, and much more. How to understand what is in front of us: a separate premises or part of other premises? The possibility of cadastral registration and the technical equipment of the premises depend on this. Can the premises be non-isolated, but passable? This issue has long been faced by the practice of law enforcement in terms of cadastral registration of non-residential premises. The author considers what role the purpose of the premises has: firstly, the possibility of independent use, and secondly, the presence of a functional purpose. So, as an illustration, the question is being investigated, what will happen if you place a nightclub in a warehouse, and a medical facility in a former shop? The paper also compares the legal regime of premises as an object of civil law with the legal regime of premises as an object of public law. The general legal features of non-residential premises, characteristic of many branches of public law, are revealed.
{"title":"The Concept of Non-Residential Premises: Public Law Aspect","authors":"Yu. O. Verbitskaya","doi":"10.17803/1994-1471.2023.149.4.172-183","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.149.4.172-183","url":null,"abstract":"The paper deals with the concept of premises used by public branches of law from the point of view of urban planning law. The study is original in that that in literature premises are studied primarily considering the possibility to act as the subject of civil law transactions. This paper reveals the meaning invested by the legislator in the concept of premises from the point of view of administrative, urban planning, criminal legislation, norms on safety of buildings and structures, sanitary norms and rules. Can there be premises as part of non-permanent structures? How does this relate to the real estate regime? Can there be one-room premises? It depends, for example, whether a trade pavilion needs to be equipped with a fire alarm, whether it is possible to smoke on the summer veranda of a public catering facility, whether it is necessary to equip the pavilion with air recirculation systems, and much more. How to understand what is in front of us: a separate premises or part of other premises? The possibility of cadastral registration and the technical equipment of the premises depend on this. Can the premises be non-isolated, but passable? This issue has long been faced by the practice of law enforcement in terms of cadastral registration of non-residential premises. The author considers what role the purpose of the premises has: firstly, the possibility of independent use, and secondly, the presence of a functional purpose. So, as an illustration, the question is being investigated, what will happen if you place a nightclub in a warehouse, and a medical facility in a former shop? The paper also compares the legal regime of premises as an object of civil law with the legal regime of premises as an object of public law. The general legal features of non-residential premises, characteristic of many branches of public law, are revealed.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127816476","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}
Pub Date : 2023-03-13DOI: 10.17803/1994-1471.2023.149.4.124-132
S. V. Kupreychenko
The paper analyses a defense lawyer’s status shaping and differentiates its main stages, determining the moment of the emergence of the status of a defense lawyer, as well as the significance of the formalizing procedural actions necessary for this. The paper pays attention to the emergence of the protection function, the acceptance of an order and the entry of a lawyer into a criminal case as procedurally significant events that do not coincide with the moment the defense lawyer’s status arises, although it occupies a certain place in the process of its formation. The author substantiates the impossibility of a simultaneous acquisition of a defense lawyer powers. This is due to the need to implement some of them to ensure the right of a criminally prosecuted person to defense and a lawyer’s task to find out circumstances that prevent the acceptance of an order for defense or exclude his participation in criminal proceedings. It is shown that it is inexpedient to establish the emergence of the status of a defense lawyer, as well as to word a conclusion on the observance of the right to defense only on the basis of a formal sign of the provision by a lawyer of a certificate and a warrant, provided for in part 4 of Art. 49 Code of Criminal Procedure of the Russian Federation. The significance of the actual implementation by a lawyer of protection from accusatory activity as an external procedural manifestation of the emergence of the status of a defense lawyer is determined.
{"title":"Defense as an Obligatory Element of the Defense Lawyer’s Status Emergence in Criminal Proceedings","authors":"S. V. Kupreychenko","doi":"10.17803/1994-1471.2023.149.4.124-132","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.149.4.124-132","url":null,"abstract":"The paper analyses a defense lawyer’s status shaping and differentiates its main stages, determining the moment of the emergence of the status of a defense lawyer, as well as the significance of the formalizing procedural actions necessary for this. The paper pays attention to the emergence of the protection function, the acceptance of an order and the entry of a lawyer into a criminal case as procedurally significant events that do not coincide with the moment the defense lawyer’s status arises, although it occupies a certain place in the process of its formation. The author substantiates the impossibility of a simultaneous acquisition of a defense lawyer powers. This is due to the need to implement some of them to ensure the right of a criminally prosecuted person to defense and a lawyer’s task to find out circumstances that prevent the acceptance of an order for defense or exclude his participation in criminal proceedings. It is shown that it is inexpedient to establish the emergence of the status of a defense lawyer, as well as to word a conclusion on the observance of the right to defense only on the basis of a formal sign of the provision by a lawyer of a certificate and a warrant, provided for in part 4 of Art. 49 Code of Criminal Procedure of the Russian Federation. The significance of the actual implementation by a lawyer of protection from accusatory activity as an external procedural manifestation of the emergence of the status of a defense lawyer is determined.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134314169","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}
Pub Date : 2023-03-13DOI: 10.17803/1994-1471.2023.149.4.011-020
E. Terekhina
In legal science, there are different points of view regarding the ability of judicial authorities to specify the principles and rules of law. The author of the paper believes that concretizing work carried out by judicial bodies has a great potential for improving legislation aimed at reducing abstractive nature of law rules, eliminating gaps in law, forming certainty and unity of law enforcement. However, to date, judicial specification has not received sufficient theoretical and legal justification. The purpose of the study is to identify the specifics of the concretization of the principles and rules of law by judicial authorities and to define the general concept of judicial concretization. To achieve this goal, the author analyzes approaches to the category «concretization,» examines elements and relevant examples of the rules’ concretization by higher judicial authorities and explains the features of the legal category under examination. The semantic understanding of judicial concretization is twofold — as an individualization of the rule of law applied to the specific case under consideration and as a detailing and clarification of the rule. Conclusions are drawn that specification of the principles and rules of law (judicial specification) is an independent category of law, not legally consolidated, but actually existing in practice; it is an objectively legitimate and necessary legal activity of judicial bodies that involves clarifying, detailing, expanding the content of the principles and rules of law in the process of law enforcement as applied to a specific case (sphere of legal relations) that results in developed judicial legal position of concretization consolidated in the judicial act.
{"title":"The Concept of Concretization of Principles and Rules of Law by Judicial Authorities","authors":"E. Terekhina","doi":"10.17803/1994-1471.2023.149.4.011-020","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.149.4.011-020","url":null,"abstract":"In legal science, there are different points of view regarding the ability of judicial authorities to specify the principles and rules of law. The author of the paper believes that concretizing work carried out by judicial bodies has a great potential for improving legislation aimed at reducing abstractive nature of law rules, eliminating gaps in law, forming certainty and unity of law enforcement. However, to date, judicial specification has not received sufficient theoretical and legal justification. The purpose of the study is to identify the specifics of the concretization of the principles and rules of law by judicial authorities and to define the general concept of judicial concretization. To achieve this goal, the author analyzes approaches to the category «concretization,» examines elements and relevant examples of the rules’ concretization by higher judicial authorities and explains the features of the legal category under examination. The semantic understanding of judicial concretization is twofold — as an individualization of the rule of law applied to the specific case under consideration and as a detailing and clarification of the rule. Conclusions are drawn that specification of the principles and rules of law (judicial specification) is an independent category of law, not legally consolidated, but actually existing in practice; it is an objectively legitimate and necessary legal activity of judicial bodies that involves clarifying, detailing, expanding the content of the principles and rules of law in the process of law enforcement as applied to a specific case (sphere of legal relations) that results in developed judicial legal position of concretization consolidated in the judicial act.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130779716","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：