Pub Date : 2024-02-15DOI: 10.17803/1994-1471.2024.158.1.011-021
T. Shatkovskaya, M. S. Didenko
On the basis of published and unpublished documents, the authors explain changes in the social significance and the role of the Soviet law and socialist legal awareness in the Soviet state in the context of transition from revolutionary to socialist legality during the first decade of Soviet power. The negative impact of a low level of legal technique of the first Soviet laws on law enforcement resulted in the need to adopt additional departmental acts to implement them and the widespread use of socialist legal awareness in legal practice. The most multifaceted law enforcement role of the socialist legal consciousness was manifested in the activities of the people’s courts. The law enforcement role analysis made it possible to establish the mutual influence of Soviet laws and socialist legal consciousness. The Soviet law was an authoritative guide to the socialist legal consciousness, which, in turn, became the key to understanding the laws and their application by analogy in conditions of frequent changes in government policy.Using the example of the Soviet legal practice of 1917–1928, the authors conclude that the legal and technical inconsistency of laws leads to the emergence of new regulators and the erasure of the legal limits of discretionary powers of authorities. The authors substantiate that the Soviet government used the socialist legal consciousness to strengthen the mechanism of the Soviet state, to create in its structure a flexible tool for correcting rapidly outdating unsettled legislation.
{"title":"The Role of the Law and Socialist Legal Awareness in Practice of Law of Soviet Authorities and Administration in 1917–1928","authors":"T. Shatkovskaya, M. S. Didenko","doi":"10.17803/1994-1471.2024.158.1.011-021","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.158.1.011-021","url":null,"abstract":"On the basis of published and unpublished documents, the authors explain changes in the social significance and the role of the Soviet law and socialist legal awareness in the Soviet state in the context of transition from revolutionary to socialist legality during the first decade of Soviet power. The negative impact of a low level of legal technique of the first Soviet laws on law enforcement resulted in the need to adopt additional departmental acts to implement them and the widespread use of socialist legal awareness in legal practice. The most multifaceted law enforcement role of the socialist legal consciousness was manifested in the activities of the people’s courts. The law enforcement role analysis made it possible to establish the mutual influence of Soviet laws and socialist legal consciousness. The Soviet law was an authoritative guide to the socialist legal consciousness, which, in turn, became the key to understanding the laws and their application by analogy in conditions of frequent changes in government policy.Using the example of the Soviet legal practice of 1917–1928, the authors conclude that the legal and technical inconsistency of laws leads to the emergence of new regulators and the erasure of the legal limits of discretionary powers of authorities. The authors substantiate that the Soviet government used the socialist legal consciousness to strengthen the mechanism of the Soviet state, to create in its structure a flexible tool for correcting rapidly outdating unsettled legislation.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"80 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140456302","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 : 2024-02-15DOI: 10.17803/1994-1471.2024.158.1.033-047
I. Kravets
The paper highlights foundations and development of the doctrine of strategic and dialogical constitutionalism in the context of the crisis of the modern world order and constitutional and legal thinking. Strategic constitutionalism and the strategy of constitutional changes are considered as the most important development paradigm that ensures the progress and diversification of models of modern constitutionalism. The paper explains the factors of conceptualization of constitutional changes, dwells on the state as a constitutional strategy and a strategy for diversifying constitutionalism in the world, the dilemmas of legal constitutionalism and forecasting constitutional changes from the standpoint of academic and expert opinion, academic discussions concerning the purpose and role of dialogical constitutionalism and citizens’ participation in constitutional changes, some strategies for constitutional changes in Russia and Europe, prospects for improvement of institutions of popular participation, the institute of professional and expert opinion in the Russian constitutional doctrine and legislation. The paper employs deliberative and epistemological approaches, methods of formal-legal, concretehistorical, comparative constitutional-legal and complex analysis.
{"title":"Strategic Constitutionalism and Constitutional Changes: the State and Citizens in Constitutional Forecasting and Public Legal Communication","authors":"I. Kravets","doi":"10.17803/1994-1471.2024.158.1.033-047","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.158.1.033-047","url":null,"abstract":"The paper highlights foundations and development of the doctrine of strategic and dialogical constitutionalism in the context of the crisis of the modern world order and constitutional and legal thinking. Strategic constitutionalism and the strategy of constitutional changes are considered as the most important development paradigm that ensures the progress and diversification of models of modern constitutionalism. The paper explains the factors of conceptualization of constitutional changes, dwells on the state as a constitutional strategy and a strategy for diversifying constitutionalism in the world, the dilemmas of legal constitutionalism and forecasting constitutional changes from the standpoint of academic and expert opinion, academic discussions concerning the purpose and role of dialogical constitutionalism and citizens’ participation in constitutional changes, some strategies for constitutional changes in Russia and Europe, prospects for improvement of institutions of popular participation, the institute of professional and expert opinion in the Russian constitutional doctrine and legislation. The paper employs deliberative and epistemological approaches, methods of formal-legal, concretehistorical, comparative constitutional-legal and complex analysis.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"228 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140456030","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 : 2024-02-15DOI: 10.17803/1994-1471.2024.158.1.022-032
S. S. Zenin, M. A. Nekrasov
The paper is devoted to analyzing the impact of somatic biotechnologies on the system of social values of modern society. In the paper «somatic» refers to such technologies that relate to the genetic modification of the human body or its functional systems carried out in various ways. The authors attempt to analyze the main directions of transformation of social institutions of modern Russian society, taking into account advantages and disadvantages of the new technological revolution. Attention is drawn to the risks that biotechnologies pose to society and the state as a whole. The authors substantiate the necessity of participation of the state and various social groups in the development of an optimal strategy reflecting the interests of all stakeholders, based on transparency and trust. The paper indicates that it is necessary to determine the levels of permissible human exposure to various concomitant factors when using biotechnologies. This will require a normative rethinking of the entire concept of human and civil rights and freedoms enshrined in the Constitution of the Russian Federation that includes the right to life, its values, the principles of the inalienable fundamental human rights and freedoms, their belonging to everyone from birth, the right to privacy, the right to personal and family secrets, dignity and good name.It is important at the regulatory level to consolidate the legal regime of genetic data about a person in the system of social values, prohibit discrimination based on genetic uniqueness, and develop requirements for medical organizations using somatic biotechnologies. The resolution of future problems involves a theoretical rethinking and normative regulation of new forms of work that will appear in the future, as well as new types of property. The ideas of motherhood and childhood, as well as families, will require new content, which will affect the most important values of society and demand active involvement of the state.
{"title":"Somatic Biotechnologies in the System of Social Values of Modern Russian Society","authors":"S. S. Zenin, M. A. Nekrasov","doi":"10.17803/1994-1471.2024.158.1.022-032","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.158.1.022-032","url":null,"abstract":"The paper is devoted to analyzing the impact of somatic biotechnologies on the system of social values of modern society. In the paper «somatic» refers to such technologies that relate to the genetic modification of the human body or its functional systems carried out in various ways. The authors attempt to analyze the main directions of transformation of social institutions of modern Russian society, taking into account advantages and disadvantages of the new technological revolution. Attention is drawn to the risks that biotechnologies pose to society and the state as a whole. The authors substantiate the necessity of participation of the state and various social groups in the development of an optimal strategy reflecting the interests of all stakeholders, based on transparency and trust. The paper indicates that it is necessary to determine the levels of permissible human exposure to various concomitant factors when using biotechnologies. This will require a normative rethinking of the entire concept of human and civil rights and freedoms enshrined in the Constitution of the Russian Federation that includes the right to life, its values, the principles of the inalienable fundamental human rights and freedoms, their belonging to everyone from birth, the right to privacy, the right to personal and family secrets, dignity and good name.It is important at the regulatory level to consolidate the legal regime of genetic data about a person in the system of social values, prohibit discrimination based on genetic uniqueness, and develop requirements for medical organizations using somatic biotechnologies. The resolution of future problems involves a theoretical rethinking and normative regulation of new forms of work that will appear in the future, as well as new types of property. The ideas of motherhood and childhood, as well as families, will require new content, which will affect the most important values of society and demand active involvement of the state.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"41 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140456499","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 : 2024-02-15DOI: 10.17803/1994-1471.2024.158.1.048-055
T. E. Rozhdestvenskaya, A. Guznov
The paper analyzes main approaches to the legal regulation of the digital ruble. The authors examine in detail the history and reasons for the introduction of digital currencies of central banks, the features of digital currencies of central banks, the features of the digital ruble as an object of civil law regulation. The paper concludes that the full-scale use of the digital ruble will depend not only on the formal indication of the digital ruble as a legally recognized method of fulfilling a civil obligation, but also on the recognition and provision of an actual possibility of using the digital ruble as a means of fulfilling public legal obligations, primarily obligations arising from tax relations. Such recognition will require amendments to the budget and tax legislation, as well as changes in the operation mode of the Federal Treasury of the Russian Federation. The question of how disputes and disagreements between the participants of relations arising in connection with the introduction of the digital ruble will be resolved requires careful consideration.
{"title":"The Digital Ruble Legal Regulation","authors":"T. E. Rozhdestvenskaya, A. Guznov","doi":"10.17803/1994-1471.2024.158.1.048-055","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.158.1.048-055","url":null,"abstract":"The paper analyzes main approaches to the legal regulation of the digital ruble. The authors examine in detail the history and reasons for the introduction of digital currencies of central banks, the features of digital currencies of central banks, the features of the digital ruble as an object of civil law regulation. The paper concludes that the full-scale use of the digital ruble will depend not only on the formal indication of the digital ruble as a legally recognized method of fulfilling a civil obligation, but also on the recognition and provision of an actual possibility of using the digital ruble as a means of fulfilling public legal obligations, primarily obligations arising from tax relations. Such recognition will require amendments to the budget and tax legislation, as well as changes in the operation mode of the Federal Treasury of the Russian Federation. The question of how disputes and disagreements between the participants of relations arising in connection with the introduction of the digital ruble will be resolved requires careful consideration.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"11 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139963175","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 : 2024-02-15DOI: 10.17803/1994-1471.2024.158.1.056-065
A. V. Turbanov
The paper is devoted to the study of the digital ruble as a legal means of payment and examination of the categories of the monetary item and monetary unit. The author objects to an unjustified use of the term «currency» in the law on digital financial assets and academic writings and expresses doubts about the emergence of a new type of civil rights — a digital right. In this regard, the paper raises the problem of «defect of the content» of the legislative act. The digital ruble is considered as a kind of a fiat currency. The author justifies that a legal means of payment can be represented by both cash and non-cash money. The author proves that the regime of the digital ruble as a legal means of payment represents a system of rules providing for the issuance by the Bank of Russia on behalf of the state of a means of payment in the form of a digital banknote accepted at face value on the territory of the Russian Federation to repay any monetary obligations, and servicing all transactions in the digital ruble.
{"title":"The Digital Ruble as a Legitimate Means of Payment","authors":"A. V. Turbanov","doi":"10.17803/1994-1471.2024.158.1.056-065","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.158.1.056-065","url":null,"abstract":"The paper is devoted to the study of the digital ruble as a legal means of payment and examination of the categories of the monetary item and monetary unit. The author objects to an unjustified use of the term «currency» in the law on digital financial assets and academic writings and expresses doubts about the emergence of a new type of civil rights — a digital right. In this regard, the paper raises the problem of «defect of the content» of the legislative act. The digital ruble is considered as a kind of a fiat currency. The author justifies that a legal means of payment can be represented by both cash and non-cash money. The author proves that the regime of the digital ruble as a legal means of payment represents a system of rules providing for the issuance by the Bank of Russia on behalf of the state of a means of payment in the form of a digital banknote accepted at face value on the territory of the Russian Federation to repay any monetary obligations, and servicing all transactions in the digital ruble.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"25 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139962295","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 : 2024-02-10DOI: 10.17803/1994-1471.2024.159.2.018-026
S. M. Mikhailov
The paper is devoted to examination of some problems related to the participation of bodies, organizations and individuals in administrative cases in order to render a decision hereon. The author analyzes the grounds and objectives of such participation, determines the range of subjects obliged to render an opinion and the procedure for their involvement (entry) into the judicial administrative procedure, elucidates peculiarities of a procedural standing of the relevant bodies, organizations and individuals. On the basis of the research, the author concludes that it can serve to improve the legislation on administrative proceedings and the practice of its application, in particular: on expediency of supplementing the CAP of the Russian Federation with norms that would allow bodies and individuals to be involved in giving opinions not only in cases provided for by the Code, but also in other cases when the court considers it necessary, on specificity of the mechanism involving commissioners for the rights of the child in the judicial administrative proceeding in relevant categories of cases that allows combining an active role of the court and the human rights function of the commissioner.
{"title":"Participation of Bodies, Organizations and Individuals in an Administrative Case to Render an Opinion hereon","authors":"S. M. Mikhailov","doi":"10.17803/1994-1471.2024.159.2.018-026","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.159.2.018-026","url":null,"abstract":"The paper is devoted to examination of some problems related to the participation of bodies, organizations and individuals in administrative cases in order to render a decision hereon. The author analyzes the grounds and objectives of such participation, determines the range of subjects obliged to render an opinion and the procedure for their involvement (entry) into the judicial administrative procedure, elucidates peculiarities of a procedural standing of the relevant bodies, organizations and individuals. On the basis of the research, the author concludes that it can serve to improve the legislation on administrative proceedings and the practice of its application, in particular: on expediency of supplementing the CAP of the Russian Federation with norms that would allow bodies and individuals to be involved in giving opinions not only in cases provided for by the Code, but also in other cases when the court considers it necessary, on specificity of the mechanism involving commissioners for the rights of the child in the judicial administrative proceeding in relevant categories of cases that allows combining an active role of the court and the human rights function of the commissioner.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"7 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140459382","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 : 2024-01-22DOI: 10.17803/1994-1471.2024.159.2.054-062
M. E. Mirzoyan
The paper examines the issues of modern Russian legal education that developed under the auspices of the Bologna educational system. Since the introduction of the Bologna rules, which Russian innovators interpreted exclusively in a subjective way, domestic education has not improved. On the contrary, all those positive characteristics that education possessed within the Russian borders began to gradually disappear, striving to blindly copy foreign variants. Many problems have appeared in education, mainly due to the departure from Russian cultural values and the attempt to replace them with foreign standards. As a result, educational levels have appeared, which, in theory, require an original educational approach. But such an approach requires saturation of the curriculum material of one level to the detriment of another, which is hardly feasible. It is emphasized that Russian traditions in education, their reanimation, including a return to specialist’s degree, are able to raise the educational level of Russia to the proper height again. The paper briefly comments on the efforts of Russian scientists, mainly professors of the Higher School of Economics, in the field of improving the educational process. The problem of the effectiveness of lecturing in conditions of simplified information acquisition is raised. As the main sketch from this area, the author gives a review of the work by Maria S. Shakaryan, who proposed a certain algorithm for reading introductory lectures.
本文探讨了在博洛尼亚教育体系支持下发展起来的俄罗斯现代法律教育问题。俄罗斯的创新者们对博洛尼亚规则的解释完全是主观的，自引入博洛尼亚规则以来，国内教育并没有得到改善。相反，俄罗斯国内教育所具有的所有积极特征开始逐渐消失，盲目照搬外国的变体。教育中出现了许多问题，主要是由于背离了俄罗斯的文化价值观，并试图用外国标准取而代之。因此，出现了理论上需要原创教育方法的教育水平。但是，这种方法要求一个级别的课程材料达到饱和，从而损害另一个级别的课程材料，这几乎是不可行的。本文强调，俄罗斯的教育传统及其复兴，包括恢复专科学位，能够将俄罗斯的教育水平再次提升到应有的高度。本文简要介绍了俄罗斯科学家（主要是高等经济学院的教授）在改进教育过程方面所做的努力。文中提出了在简化信息获取条件下的授课效果问题。作为该领域的主要素描，作者回顾了玛利亚-沙卡良（Maria S. Shakaryan）的工作，她提出了一种阅读介绍性讲座的算法。
{"title":"Russian Legal Education: The Present and the Future","authors":"M. E. Mirzoyan","doi":"10.17803/1994-1471.2024.159.2.054-062","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.159.2.054-062","url":null,"abstract":"The paper examines the issues of modern Russian legal education that developed under the auspices of the Bologna educational system. Since the introduction of the Bologna rules, which Russian innovators interpreted exclusively in a subjective way, domestic education has not improved. On the contrary, all those positive characteristics that education possessed within the Russian borders began to gradually disappear, striving to blindly copy foreign variants. Many problems have appeared in education, mainly due to the departure from Russian cultural values and the attempt to replace them with foreign standards. As a result, educational levels have appeared, which, in theory, require an original educational approach. But such an approach requires saturation of the curriculum material of one level to the detriment of another, which is hardly feasible. It is emphasized that Russian traditions in education, their reanimation, including a return to specialist’s degree, are able to raise the educational level of Russia to the proper height again. The paper briefly comments on the efforts of Russian scientists, mainly professors of the Higher School of Economics, in the field of improving the educational process. The problem of the effectiveness of lecturing in conditions of simplified information acquisition is raised. As the main sketch from this area, the author gives a review of the work by Maria S. Shakaryan, who proposed a certain algorithm for reading introductory lectures.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"52 9-10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140499471","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 : 2024-01-22DOI: 10.17803/1994-1471.2024.159.2.036-045
D. Y. Ionova
The paper is dedicated to the memory of Honored Lawyer of the RSFSR, Doctor of Law, Professor Maria S. Shakaryan. The paper highlights some historical aspects of the development of the doctrine of civil procedural legal capacity and legal capacity, highlights the contribution that Professor Maria S. Shakaryan made to the study of these categories. It is noted that many of the issues that Professor Shakaryan raised in her works remain controversial in the science of civil procedural law to this day. Special attention is paid to dissemination of the concepts of procedural capacity and legal capacity to all participants in procedural relations, as well as to the court. The author argues that this approach destroys the integrity of the concept of not only procedural capacity, but also procedural legal capacity. Separately, the author examines the issue of the need to involve citizens recognized by the court as legally incompetent to participate in person in court proceedings. Attention is drawn to the problem of ensuring adequate protection of the rights of citizens recognized by the court as legally incompetent, which is relevant in practice and unresolved in civil procedural legislation.
{"title":"Development of the Doctrine of Civil Procedural Capacity and Legal Capacity (in Memory of Professor Maria S. Shakaryan)","authors":"D. Y. Ionova","doi":"10.17803/1994-1471.2024.159.2.036-045","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.159.2.036-045","url":null,"abstract":"The paper is dedicated to the memory of Honored Lawyer of the RSFSR, Doctor of Law, Professor Maria S. Shakaryan. The paper highlights some historical aspects of the development of the doctrine of civil procedural legal capacity and legal capacity, highlights the contribution that Professor Maria S. Shakaryan made to the study of these categories. It is noted that many of the issues that Professor Shakaryan raised in her works remain controversial in the science of civil procedural law to this day. Special attention is paid to dissemination of the concepts of procedural capacity and legal capacity to all participants in procedural relations, as well as to the court. The author argues that this approach destroys the integrity of the concept of not only procedural capacity, but also procedural legal capacity. Separately, the author examines the issue of the need to involve citizens recognized by the court as legally incompetent to participate in person in court proceedings. Attention is drawn to the problem of ensuring adequate protection of the rights of citizens recognized by the court as legally incompetent, which is relevant in practice and unresolved in civil procedural legislation.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"287 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140499741","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 : 2024-01-22DOI: 10.17803/1994-1471.2024.159.2.012-017
N. A. Gromoshina
The author of the paper, making a brief historical insight, comes to the conclusion that unification of institutions of complicity in modern civil procedural codes is predetermined by the development of both the doctrine and legislation. Explaining the main characteristics and types of procedural complicity, the author expresses an opinion on the acceptability for the Russian institution of mandatory procedural complicity of the American model that divides mandatory complicity into conditionally mandatory and absolutely mandatory. Based on judicial practice, the paper argues for the need to finalize the grounds for procedural complicity in administrative proceedings, taking into account the specifics of substantive administrative legal relations, as well as the need to expand the court’s ability to bring to court co-defendants based on the tasks of justice and judicial discretion. The author substantiates the conclusion that the first and second defendants involved in the case of challenging the decision, action (inaction) of an official, state or municipal officer under Part 2 of Article 221 of the Code of Administrative Procedure of the Russian Federation, in fact, are co-defendants. The paper emphasizes the importance of finalizing normative regulation of the institution of complicity in administrative proceedings.
{"title":"Complicity in Administrative Proceedings","authors":"N. A. Gromoshina","doi":"10.17803/1994-1471.2024.159.2.012-017","DOIUrl":"https://doi.org/10.17803/1994-1471.2024.159.2.012-017","url":null,"abstract":"The author of the paper, making a brief historical insight, comes to the conclusion that unification of institutions of complicity in modern civil procedural codes is predetermined by the development of both the doctrine and legislation. Explaining the main characteristics and types of procedural complicity, the author expresses an opinion on the acceptability for the Russian institution of mandatory procedural complicity of the American model that divides mandatory complicity into conditionally mandatory and absolutely mandatory. Based on judicial practice, the paper argues for the need to finalize the grounds for procedural complicity in administrative proceedings, taking into account the specifics of substantive administrative legal relations, as well as the need to expand the court’s ability to bring to court co-defendants based on the tasks of justice and judicial discretion. The author substantiates the conclusion that the first and second defendants involved in the case of challenging the decision, action (inaction) of an official, state or municipal officer under Part 2 of Article 221 of the Code of Administrative Procedure of the Russian Federation, in fact, are co-defendants. The paper emphasizes the importance of finalizing normative regulation of the institution of complicity in administrative proceedings.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"263 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140500147","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 : 2024-01-22DOI: 10.17803/1994-1471.2024.159.2.097-103
I. I. Chernykh
The paper touches upon the general theoretical provisions of law and civil proceedings, set out in one of the scientific works of Professor M.S. Shakaryan. The basis for assessing these views is an ontological approach to defining the meaning of existence as a philosophical category inextricably linked with momentary existence, presented as a facet of the projection of personal and social experience into the future. Reliance on the existential interpretation of the category of meaning in this approach helps to identify the philosophical content of civil proceedings, assess the role and significance of such a phenomenon as error for judicial enforcement in civil disputes. The essential features of this phenomenon are revealed, attention is drawn to the difference in the nature of a party’s mistake in a civil proceeding and a court’s mistake, the phenomena of civil law and criminal proceedings determined by existence are compared with an error as a phenomenon of civil proceedings. The approach to considering a court decision as a turning point in the transformation of objectively studied personal experience into confirmed public experience is substantiated.
本文涉及 M.S. Shakaryan 教授的一部科学著作中关于法律和民事诉讼的一般理论规定。评估这些观点的依据是一种本体论方法，它将存在的意义定义为一个与瞬间存在密不可分的哲学范畴，作为个人和社会经验向未来投射的一个方面。依靠这种方法对意义范畴的存在论解释，有助于确定民事诉讼的哲学内涵，评估这种现象作为民事纠纷中司法执行错误的作用和意义。揭示了这一现象的本质特征，提请注意民事诉讼中当事人的错误与法院的错误在性质上的区别，将由存在决定的民法和刑事诉讼现象与作为民事诉讼现象的错误进行比较。将法院判决视为将客观研究的个人经验转化为确认的公共经验的转折点的方法得到了证实。
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