Pub Date : 2021-09-28DOI: 10.37399/2686-9241.2021.3.151-166
V. V. Nikolyuk, E. V. Markovicheva
Introduction. In the Russian criminal process, criminal proceedings against minors have historically taken shape as a complicated procedure. Twenty years of operation of the Criminal Procedure Code of the Russian Federation have shown sufficient efficiency of legal regulation of criminal procedural relations having to do with the investigation and consideration of this category of criminal cases. But in the process of law enforcement, a number of problems were identified that required resolution through the adjustment of the current criminal procedure law. This article is devoted to the analysis of the most significant changes in the normative regulation of criminal proceedings against minors during the period of the Criminal Procedure Code of the Russian Federation. A critical understanding of the process of transformation of the relevant norms will contribute to the development of an updated regulatory model of criminal justice involving minors. Theoretical Basis. Methods. The theoretical basis of the study consisted of both Russian and foreign scientific works in the field of criminal procedural law, specifically those devoted to both complicated proceedings in general and the specifics of juvenile criminal proceedings. The use of a formal legal research method allowed us to identify patterns in the transformation of criminal proceedings against minors. Results. The article reveals the most significant transformations of the normative regulation of criminal proceedings against minors. Some changes and additions made to the Criminal Procedure Code of the Russian Federation during the period of its validity are analysed. Further, he main directions for further scientific discussion on the legal regulation of criminal procedure relations with the participation of minors are outlined. Discussion and Conclusion. Although criminal proceedings against minors show sufficient efficiency and compliance with international law, there is a need to systematise the criminal procedural norms governing the participation in criminal proceedings of all minors, regardless of their procedural status. The authors propose, within the framework of the updated criminal procedure law, to systematically consolidate the norms governing the legal status of not only the underage defendants, but also the juvenile victims and witnesses.
{"title":"Transformation of Criminal Proceedings against Minors in Contemporary Russian Criminal Procedure: Towards the Twentieth Anniversary of the Adoption of the Criminal Procedure Code of the Russian Federation","authors":"V. V. Nikolyuk, E. V. Markovicheva","doi":"10.37399/2686-9241.2021.3.151-166","DOIUrl":"https://doi.org/10.37399/2686-9241.2021.3.151-166","url":null,"abstract":"Introduction. In the Russian criminal process, criminal proceedings against minors have historically taken shape as a complicated procedure. Twenty years of operation of the Criminal Procedure Code of the Russian Federation have shown sufficient efficiency of legal regulation of criminal procedural relations having to do with the investigation and consideration of this category of criminal cases. But in the process of law enforcement, a number of problems were identified that required resolution through the adjustment of the current criminal procedure law. This article is devoted to the analysis of the most significant changes in the normative regulation of criminal proceedings against minors during the period of the Criminal Procedure Code of the Russian Federation. A critical understanding of the process of transformation of the relevant norms will contribute to the development of an updated regulatory model of criminal justice involving minors. Theoretical Basis. Methods. The theoretical basis of the study consisted of both Russian and foreign scientific works in the field of criminal procedural law, specifically those devoted to both complicated proceedings in general and the specifics of juvenile criminal proceedings. The use of a formal legal research method allowed us to identify patterns in the transformation of criminal proceedings against minors. Results. The article reveals the most significant transformations of the normative regulation of criminal proceedings against minors. Some changes and additions made to the Criminal Procedure Code of the Russian Federation during the period of its validity are analysed. Further, he main directions for further scientific discussion on the legal regulation of criminal procedure relations with the participation of minors are outlined. Discussion and Conclusion. Although criminal proceedings against minors show sufficient efficiency and compliance with international law, there is a need to systematise the criminal procedural norms governing the participation in criminal proceedings of all minors, regardless of their procedural status. The authors propose, within the framework of the updated criminal procedure law, to systematically consolidate the norms governing the legal status of not only the underage defendants, but also the juvenile victims and witnesses.","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128570368","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 : 2021-09-28DOI: 10.37399/2686-9241.2021.3.124-150
E. Kolyushin
Introduction. In the electoral process, innovative technologies are legitimately and/or are de facto introduced. These are complex tools, the result of the integration of artificial intelligence, technology and human behaviour in elections. The article analyses the influence of these technologies on the electoral process from the standpoint of ensuring the rule of law. Theoretical Basis. Methods. In a State governed by the rule of law, the rule of law should fully apply to all stages of the electoral process. The paradigm (sample) of traditional approaches assumes direct physical commission of electoral actions by citizens, political parties, and other election participants, based on the presumption: “here and now”. The introduction of innovative technologies in the electoral process entails not only a change in forms, but also, as the quantitative growth increases, a change in the paradigm of the electoral process from traditional to digital, but at the same time the rule of law must be maintained. Results. The analysis of the functioning of innovative technologies shows their multi- vector and contradictory impact on the electoral process: from creating convenience for participants to complicating the structure, replacing electoral actions with transactions. Currently, there is no understanding of the legal significance of transactions in the electoral process, their relationship to electoral actions. The practice of Russian elections follows the path of changing the electoral process not by law, but by technical solutions that are a priori considered legitimate or do not allow their assessment from the position of the rule of law. As a result, the rule of electoral law is either ignored or is simply purely formal. The well-known principles of electoral law exist as if in parallel, without having a real impact on the introduction and regulation of innovative technologies of the electoral process. It is necessary to include innovative technologies in the subject of electoral law. A serious contribution to the solution of this problem would be the legislative consolidation of the principle of security of the electoral process. In this case, we are not talking about security in relation to public order. The content of the new principle should be a broad set of obligations of the state as an organiser of elections, including the obligation to fully verify these technologies, their transparency, new rights and guarantees of election participants, and public control. Discussion and Conclusion. The predominant use of innovative technologies aimed at providing voting services does not always have a positive impact on the integrity of the electoral process and the operation of the principles of electoral law. It is advisable to take care of the introduction and use of innovative technologies to serve them at all stages of the electoral process with unconditional guarantees of the rule of law.
{"title":"Innovative Technologies of the Electoral Process in the Light of the Rule of Law","authors":"E. Kolyushin","doi":"10.37399/2686-9241.2021.3.124-150","DOIUrl":"https://doi.org/10.37399/2686-9241.2021.3.124-150","url":null,"abstract":"Introduction. In the electoral process, innovative technologies are legitimately and/or are de facto introduced. These are complex tools, the result of the integration of artificial intelligence, technology and human behaviour in elections. The article analyses the influence of these technologies on the electoral process from the standpoint of ensuring the rule of law. Theoretical Basis. Methods. In a State governed by the rule of law, the rule of law should fully apply to all stages of the electoral process. The paradigm (sample) of traditional approaches assumes direct physical commission of electoral actions by citizens, political parties, and other election participants, based on the presumption: “here and now”. The introduction of innovative technologies in the electoral process entails not only a change in forms, but also, as the quantitative growth increases, a change in the paradigm of the electoral process from traditional to digital, but at the same time the rule of law must be maintained. Results. The analysis of the functioning of innovative technologies shows their multi- vector and contradictory impact on the electoral process: from creating convenience for participants to complicating the structure, replacing electoral actions with transactions. Currently, there is no understanding of the legal significance of transactions in the electoral process, their relationship to electoral actions. The practice of Russian elections follows the path of changing the electoral process not by law, but by technical solutions that are a priori considered legitimate or do not allow their assessment from the position of the rule of law. As a result, the rule of electoral law is either ignored or is simply purely formal. The well-known principles of electoral law exist as if in parallel, without having a real impact on the introduction and regulation of innovative technologies of the electoral process. It is necessary to include innovative technologies in the subject of electoral law. A serious contribution to the solution of this problem would be the legislative consolidation of the principle of security of the electoral process. In this case, we are not talking about security in relation to public order. The content of the new principle should be a broad set of obligations of the state as an organiser of elections, including the obligation to fully verify these technologies, their transparency, new rights and guarantees of election participants, and public control. Discussion and Conclusion. The predominant use of innovative technologies aimed at providing voting services does not always have a positive impact on the integrity of the electoral process and the operation of the principles of electoral law. It is advisable to take care of the introduction and use of innovative technologies to serve them at all stages of the electoral process with unconditional guarantees of the rule of law.","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134291821","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 : 2021-09-28DOI: 10.37399/2686-9241.2021.3.68-82
M. Mateev
Introduction. The article is an attempt at a theoretical understanding of the following con- cepts: conciliation procedures, magistrate’s courts and magistrate’s justice. The research aims to analyse the genesis and nature of the models of magistrate’s justice that have de- veloped in the practice of national legal systems, and in particular in the judicial practice of the Republic of Bulgaria. Theoretical Basis. Methods. The article provides a brief historical and comparative legal analysis of well-known models of magistrate’s justice. These include foreign legislations, and countries belonging to the continental legal family and the countries of the Anglo-Saxon legal family. This made it possible to assess the diversity of the essential elements of the institute of magistrate’s justice, and highlight their main models. Results. Based on the study of the place and role of justices of the peace in the judicial sys- tem, the author concluded that there is an emergence of justice according to the principles established during the thousand-year history of the development of justice in Europe. The classification of the types of magistrate’s justice has been carried out. Alternative methods of dispute resolution, conciliation and litigation in the resolution of disputes are also con- sidered. Discussion and Conclusion. Scientific conclusions are formulated concerning the legal na- ture of the analyzed institution, and its place in the justice system.
{"title":"Essence and Specifics of the Magistrate’s Court and Conciliation Proceedings","authors":"M. Mateev","doi":"10.37399/2686-9241.2021.3.68-82","DOIUrl":"https://doi.org/10.37399/2686-9241.2021.3.68-82","url":null,"abstract":"Introduction. The article is an attempt at a theoretical understanding of the following con- cepts: conciliation procedures, magistrate’s courts and magistrate’s justice. The research aims to analyse the genesis and nature of the models of magistrate’s justice that have de- veloped in the practice of national legal systems, and in particular in the judicial practice of the Republic of Bulgaria. Theoretical Basis. Methods. The article provides a brief historical and comparative legal analysis of well-known models of magistrate’s justice. These include foreign legislations, and countries belonging to the continental legal family and the countries of the Anglo-Saxon legal family. This made it possible to assess the diversity of the essential elements of the institute of magistrate’s justice, and highlight their main models. Results. Based on the study of the place and role of justices of the peace in the judicial sys- tem, the author concluded that there is an emergence of justice according to the principles established during the thousand-year history of the development of justice in Europe. The classification of the types of magistrate’s justice has been carried out. Alternative methods of dispute resolution, conciliation and litigation in the resolution of disputes are also con- sidered. Discussion and Conclusion. Scientific conclusions are formulated concerning the legal na- ture of the analyzed institution, and its place in the justice system.","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134437664","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 : 2021-09-28DOI: 10.37399/2686-9241.2021.3.167-188
O. Kachalova, V. Kachalov
Introduction. 2021 marks the 20th anniversary of the Criminal Procedure Code of the Russian Federation, adopted by the State Duma on November 22, 2001 by Federal Law No. 174-FZ. The development of criminal procedure legislation in these years was not always consistent, often characterized by chaotic and hasty measures. Nevertheless, the main factors that determine the development of modern criminal procedure legislation, as well as the key trends in the legal regulation of criminal procedure legal relations, have remained fairly stable for twenty years. Theoretical Basis. Methods. The object of the study is the norms of criminal procedure law that have emerged and developed during the period of the Code of Criminal Procedure of the Russian Federation since 2001. The methodological basis of the study is the general dialectical method of scientific knowledge, which allowed us to study the subject of the study in relation to other legal phenomena, as well as general scientific methods of knowledge (analysis, synthesis, induction, deduction, analogy, and modelling) and private scientific methods of knowledge (formal legal, historical-legal, and comparative-legal). Results. Among the variety of various factors that determine the development of modern criminal procedure legislation, there are several main ones: 1. The impact of international standards in the field of criminal justice on Russian criminal proceedings. Having ratified the European Convention for the Protection of Citizens’ Rights and Freedoms in 1998, Russia voluntarily assumed obligations in the field of ensuring citizens rights and freedoms, as well as creating the necessary conditions for their implementation. Among the most important criminal procedure norms and institutions that have emerged in the system of criminal procedure regulation under the influence of the positions of the ECHR, the following are notable: a reasonable period of criminal proceedings, the rights of participants in the verification of a crime report, the disclosure of the testimony of an absent witness at a court session, and alternative preventive measures to detention. 2. Optimisation of procedural resources and improvement of the efficiency of criminal proceedings. From the very beginning of the Criminal Procedure Code of the Russian Federation, there was a special procedure for judicial proceedings, which is a simplified form of consideration of criminal cases, provided for in Chapter 40 of the Criminal Procedure Code of the Russian Federation. In 2009, this procedure was extended to cases with concluded pre-trial cooperation agreements (Chapter 401 of the Code of Criminal Procedure of the Russian Federation), and in 2013, the institute of abbreviated inquiry appeared in the Code of Criminal Procedure of the Russian Federation (Chapter 321 of the Code of Criminal Procedure of the Russian Federation). 3. Social demand for increasing the independence of the court, and the adversarial nature of criminal proceed
信息技术的迅速发展及其在公共生活所有领域的应用，使一种相当陈旧的“纸面”刑事诉讼程序适应今天的需要的问题，以及在刑事诉讼过程中使用现代信息技术的可能性，都提上了议程。在这一领域的创新中，应该注意到刑事诉讼法第1861条“获取用户和(或)用户设备之间连接的信息”(2010年7月1日联邦法N 143-FZ)，第4741条“在刑事诉讼中使用电子文件的程序”(2016年6月23日联邦法N 220-FZ)，刑事诉讼中视频会议的法律规定(2011年3月20日联邦法N 39-FZ)的出现。引入法庭录音(2018年7月29日联邦法- fz N 228-FZ)等。目前，刑事诉讼进一步数字化的可能性，以及在刑事诉讼中使用基于人工智能的程序等。正在积极讨论中。讨论与结论。我们认为，决定现代刑事司法发展方向的主要因素应包括刑事司法领域的国际标准对俄罗斯刑事司法的影响;优化程序资源和提高刑事司法效率的需要、加强法院独立性的社会要求、对抗性刑事诉讼;社会对减少犯罪镇压程度的需求，以及现代社会的数字化。
{"title":"Criminal Procedure Code of Russia: Twenty Years Later (2001–2021)","authors":"O. Kachalova, V. Kachalov","doi":"10.37399/2686-9241.2021.3.167-188","DOIUrl":"https://doi.org/10.37399/2686-9241.2021.3.167-188","url":null,"abstract":"Introduction. 2021 marks the 20th anniversary of the Criminal Procedure Code of the Russian Federation, adopted by the State Duma on November 22, 2001 by Federal Law No. 174-FZ. The development of criminal procedure legislation in these years was not always consistent, often characterized by chaotic and hasty measures. Nevertheless, the main factors that determine the development of modern criminal procedure legislation, as well as the key trends in the legal regulation of criminal procedure legal relations, have remained fairly stable for twenty years. Theoretical Basis. Methods. The object of the study is the norms of criminal procedure law that have emerged and developed during the period of the Code of Criminal Procedure of the Russian Federation since 2001. The methodological basis of the study is the general dialectical method of scientific knowledge, which allowed us to study the subject of the study in relation to other legal phenomena, as well as general scientific methods of knowledge (analysis, synthesis, induction, deduction, analogy, and modelling) and private scientific methods of knowledge (formal legal, historical-legal, and comparative-legal). Results. Among the variety of various factors that determine the development of modern criminal procedure legislation, there are several main ones: 1. The impact of international standards in the field of criminal justice on Russian criminal proceedings. Having ratified the European Convention for the Protection of Citizens’ Rights and Freedoms in 1998, Russia voluntarily assumed obligations in the field of ensuring citizens rights and freedoms, as well as creating the necessary conditions for their implementation. Among the most important criminal procedure norms and institutions that have emerged in the system of criminal procedure regulation under the influence of the positions of the ECHR, the following are notable: a reasonable period of criminal proceedings, the rights of participants in the verification of a crime report, the disclosure of the testimony of an absent witness at a court session, and alternative preventive measures to detention. 2. Optimisation of procedural resources and improvement of the efficiency of criminal proceedings. From the very beginning of the Criminal Procedure Code of the Russian Federation, there was a special procedure for judicial proceedings, which is a simplified form of consideration of criminal cases, provided for in Chapter 40 of the Criminal Procedure Code of the Russian Federation. In 2009, this procedure was extended to cases with concluded pre-trial cooperation agreements (Chapter 401 of the Code of Criminal Procedure of the Russian Federation), and in 2013, the institute of abbreviated inquiry appeared in the Code of Criminal Procedure of the Russian Federation (Chapter 321 of the Code of Criminal Procedure of the Russian Federation). 3. Social demand for increasing the independence of the court, and the adversarial nature of criminal proceed","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128380847","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 : 2021-09-28DOI: 10.37399/2686-9241.2021.3.33-50
Andrey V. Scorobogatov
Introduction. This article is devoted to the research of essence and the legal behaviour of the person. The purpose of article is the identification of the factors influencing formation, development and content of legal behaviour. Theoretical Basis. Methods. The article is based methodologically on the post-classical anthropological paradigm which allows consideration of legal behaviour through a prism of subjective perception by the person. The studying of fundamental bases of legal behaviour is impossible without identification of their valuable basis. Results. It is proved that the commission by the person of certain actions in the legal sphere depends on the individual and the social system of legal values, the individual and society (social group) relation to them, legal status of the personality and the social role which is carried out by it. The classification of legal behaviour on the basis of an axiological approach assumes an allocation of the person which is active, ordinary and passive depending on degree of readiness to carry out the legal actions, being guided by the valuable orientations and installations determined by legal socialisation and the system of legal values of group with which the subject identifies themselves. At the same time, it is insignificant how these actions meet the standards of positive law. However, the legal behaviour often has situational character. In this case its contents are defined by the system of so-called individual person law. The behaviour of the person is the result of operation of the special mechanism consisting of consistently realised elements that connected among themselves not only cognitively but also functionally including legal requirement, legal interest, legal motive, legal orientation, legal installation, legal decision, and legal act. These elements consistently replace each other, providing an interrelation of legal behaviour with legal awareness. The role of the state in formation of the person’s legal behaviour, though is very considerable, but it is not defining. In the process of legal socialisation the cognitive elements of the mechanism of legal behavior determined by legal tradition in combination with social and individual legal experience are formed. Discussion and Conclusion. The analysis of legal behaviour is aimed at expanding the value ideas of legal reality. This will allow a deeper look at legal development on a global scale.
{"title":"Determinants of Legal Behaviour","authors":"Andrey V. Scorobogatov","doi":"10.37399/2686-9241.2021.3.33-50","DOIUrl":"https://doi.org/10.37399/2686-9241.2021.3.33-50","url":null,"abstract":"Introduction. This article is devoted to the research of essence and the legal behaviour of the person. The purpose of article is the identification of the factors influencing formation, development and content of legal behaviour. Theoretical Basis. Methods. The article is based methodologically on the post-classical anthropological paradigm which allows consideration of legal behaviour through a prism of subjective perception by the person. The studying of fundamental bases of legal behaviour is impossible without identification of their valuable basis. Results. It is proved that the commission by the person of certain actions in the legal sphere depends on the individual and the social system of legal values, the individual and society (social group) relation to them, legal status of the personality and the social role which is carried out by it. The classification of legal behaviour on the basis of an axiological approach assumes an allocation of the person which is active, ordinary and passive depending on degree of readiness to carry out the legal actions, being guided by the valuable orientations and installations determined by legal socialisation and the system of legal values of group with which the subject identifies themselves. At the same time, it is insignificant how these actions meet the standards of positive law. However, the legal behaviour often has situational character. In this case its contents are defined by the system of so-called individual person law. The behaviour of the person is the result of operation of the special mechanism consisting of consistently realised elements that connected among themselves not only cognitively but also functionally including legal requirement, legal interest, legal motive, legal orientation, legal installation, legal decision, and legal act. These elements consistently replace each other, providing an interrelation of legal behaviour with legal awareness. The role of the state in formation of the person’s legal behaviour, though is very considerable, but it is not defining. In the process of legal socialisation the cognitive elements of the mechanism of legal behavior determined by legal tradition in combination with social and individual legal experience are formed. Discussion and Conclusion. The analysis of legal behaviour is aimed at expanding the value ideas of legal reality. This will allow a deeper look at legal development on a global scale.","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124033108","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 : 2021-09-28DOI: 10.37399/2686-9241.2021.3.83-98
V. Andreev, V. Kondrat'ev
Introduction. For a long time, legal science has been discussing the understanding of a legal entity, its characteristics, its relationship with a citizen, as well as other associations of citizens and legal entities. The question of the combination of material and procedural principles in the figure of a legal entity is ambiguous. Theoretical Basis. Methods. The article was prepared using general scientific methods (systemic, logical) and special legal methods (comparative legal, formal legal). Results. The legal status of a legal entity as a participant in civil proceedings is based on the same principles and norms of law as those of a citizen. At the same time, a legal entity is a real organisation that acquires and exercises rights and assumes responsibilities through its bodies. In the context of the introduction of digital technologies into the activities of a legal entity, it is advisable to consider a legal entity as a legal device, consisting of certain elements, the main of which are civil rights and obligations that regulate the legal behavior of a legal entity. Discussion and Сonclusion. A legal entity acts in court as a plaintiff and a defendant, performing actions when there is a procedural form of violated or disputed rights. Since legal assistance to a legal entity can now be provided by persons who have documents of a higher legal education or a scientific degree in a legal specialty, it would be advisable to allow such a representative in a court session to decide for himself the choice of performing the procedural actions indicated in Part 2 of Art. 62 of the Code of Arbitration Procedure of the Russian Federation, if there is such a clause in the power of attorney.
{"title":"The Unity of the Material and Procedural Elements of a Legal Entity","authors":"V. Andreev, V. Kondrat'ev","doi":"10.37399/2686-9241.2021.3.83-98","DOIUrl":"https://doi.org/10.37399/2686-9241.2021.3.83-98","url":null,"abstract":"Introduction. For a long time, legal science has been discussing the understanding of a legal entity, its characteristics, its relationship with a citizen, as well as other associations of citizens and legal entities. The question of the combination of material and procedural principles in the figure of a legal entity is ambiguous. Theoretical Basis. Methods. The article was prepared using general scientific methods (systemic, logical) and special legal methods (comparative legal, formal legal). Results. The legal status of a legal entity as a participant in civil proceedings is based on the same principles and norms of law as those of a citizen. At the same time, a legal entity is a real organisation that acquires and exercises rights and assumes responsibilities through its bodies. In the context of the introduction of digital technologies into the activities of a legal entity, it is advisable to consider a legal entity as a legal device, consisting of certain elements, the main of which are civil rights and obligations that regulate the legal behavior of a legal entity. Discussion and Сonclusion. A legal entity acts in court as a plaintiff and a defendant, performing actions when there is a procedural form of violated or disputed rights. Since legal assistance to a legal entity can now be provided by persons who have documents of a higher legal education or a scientific degree in a legal specialty, it would be advisable to allow such a representative in a court session to decide for himself the choice of performing the procedural actions indicated in Part 2 of Art. 62 of the Code of Arbitration Procedure of the Russian Federation, if there is such a clause in the power of attorney.","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130404899","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 : 2021-09-28DOI: 10.37399/2686-9241.2021.3.51-67
E. Safronova
Introduction. Next year marks the 170th anniversary of the birth of Alexander L’vovich Blok (1852–1909), a talented scientist and statesman, professor and dean of the Law Faculty of the Imperial University of Warsaw, a philosopher, a man of “Aristotelian erudition”, and the father of the Russian poet Alexander Blok. His name is associated with the birth of the scientific school of sociological and political positivism in the Russian science of state law. However, there are no special studies devoted to the evolution of the ideas of sociological positivism in Russia. In this regard, the appeal of the work of one of the founders of this school, who brought up a whole galaxy of talented scientists (Taranovsky, F. V., Spek- torsky, E. V., Reisner, M. A.), is of undoubted scientific interest. Theoretical Basis and Methods. An attempt is made to reconstruct both the philosophical and legal foundations of the scientific worldview of A. L. Blok. When writing this work, a broad methodological base was used, characteristic of the history of the teachings on law and the state. The combination of metaphysical and dialectical approaches with the use of a methodological arsenal of socio-political and natural-legal doctrines made it possible to study and systematise the conceptual provisions of the scientific heritage of A. L. Blok. Results. The article traces the evolution of the scientist’s state-legal views in the context of the development of the science of state law in Russia. The study of the works published by A. L. Blok pays testimony to the independence of his ideas, his critical attitude to the pre- vailing Western European theories, and the originality of the methodological approaches developed by him to the study of state-legal phenomena. Discussion and Conclusion. The search and reconstruction of the main scientific work of the scientist-”Fundamental questions of politics”, on which he worked all his life, “like Plato on ‘Politics’ or Goethe on ‘Faust’, remains an unresolved task of historical and historical – legal science” [Spectorsky, E. V., 1911, p. 65], as well as the systematisation of the key ideas of the scientific school created by him.
{"title":"Philosophical and Legal Foundations of the Scientific Worldview of A. L. Blok","authors":"E. Safronova","doi":"10.37399/2686-9241.2021.3.51-67","DOIUrl":"https://doi.org/10.37399/2686-9241.2021.3.51-67","url":null,"abstract":"Introduction. Next year marks the 170th anniversary of the birth of Alexander L’vovich Blok (1852–1909), a talented scientist and statesman, professor and dean of the Law Faculty of the Imperial University of Warsaw, a philosopher, a man of “Aristotelian erudition”, and the father of the Russian poet Alexander Blok. His name is associated with the birth of the scientific school of sociological and political positivism in the Russian science of state law. However, there are no special studies devoted to the evolution of the ideas of sociological positivism in Russia. In this regard, the appeal of the work of one of the founders of this school, who brought up a whole galaxy of talented scientists (Taranovsky, F. V., Spek- torsky, E. V., Reisner, M. A.), is of undoubted scientific interest. Theoretical Basis and Methods. An attempt is made to reconstruct both the philosophical and legal foundations of the scientific worldview of A. L. Blok. When writing this work, a broad methodological base was used, characteristic of the history of the teachings on law and the state. The combination of metaphysical and dialectical approaches with the use of a methodological arsenal of socio-political and natural-legal doctrines made it possible to study and systematise the conceptual provisions of the scientific heritage of A. L. Blok. Results. The article traces the evolution of the scientist’s state-legal views in the context of the development of the science of state law in Russia. The study of the works published by A. L. Blok pays testimony to the independence of his ideas, his critical attitude to the pre- vailing Western European theories, and the originality of the methodological approaches developed by him to the study of state-legal phenomena. Discussion and Conclusion. The search and reconstruction of the main scientific work of the scientist-”Fundamental questions of politics”, on which he worked all his life, “like Plato on ‘Politics’ or Goethe on ‘Faust’, remains an unresolved task of historical and historical – legal science” [Spectorsky, E. V., 1911, p. 65], as well as the systematisation of the key ideas of the scientific school created by him.","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122571800","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 : 2021-06-25DOI: 10.37399/2686-9241.2021.2.80-102
Y. Kuchina
Introduction. Financial technology or fintech is one of the most discussed problems of the modern digitalization. Particular attention is paid to describing what the fintech industry is, how it relates to traditional financial regulation and to what extent the official recognition of financial technologies can affect economic regulation and the global economy. Theoretical Basis. Methods. The article examines the concept of fintech and the regulatory as- pects of the so-called “sandbox”, which allows, being based on the comparative legal method and the method of legal expertise, to extrapolate specific problems to the entire situation in the field of fintech regulation. The author offers an overview of the main stages of the formation of legislation on financial technologies and examines the role of the Bank of Russia in this process. Results. Arguing about the consequences of such a concentration of regulatory mechanisms in the banking sector, the author thinks about the actual leveling of digitalization of banks with banking financial technologies in the science and practice of the Russian Federation. Based on a brief review of academic approaches to the definition of financial technologies, the author draws a number of parallels that allow one to outline the reasons for judicial errors and the reasons for excluding changes in fintech legislation from the attention of domestic courts, and draws conclu- sions about the general and particular consequences of the current situation. Discussion and Conclusion. During the study, the author comes to the conclusion that the scien- tific opinion about the development of the fintech industry and the need for its regulation in the Russian Federation is based on a narrow understanding of fintech itself and the peculiarities of introducing financial technologies into the practice of services. The author believes that the par- adigm for the development of the domestic fintech market is focused on the so-called banking fintech, when financial technologies are consumed and built into the ecosystem of specific banks’ activities and are not provided by non-banking entities. This leads to the fact that legislative regu- lation focuses on the development of banking law and, at the same time, excludes from the atten- tion of the legislator and the main regulator – the Central Bank of the Russian Federation – other areas, such as, for example, insurance or non-banking investment. This situation makes it pos- sible to ask the question of how much the image of fintech, formed in domestic law, corresponds to its actual state and market development, and in what proportion is the process of digitalization of traditional banking services understood by fintech.
{"title":"Regulating Fintech in Russia: The Issues Raised from the Absence of Legal Definition","authors":"Y. Kuchina","doi":"10.37399/2686-9241.2021.2.80-102","DOIUrl":"https://doi.org/10.37399/2686-9241.2021.2.80-102","url":null,"abstract":"Introduction. Financial technology or fintech is one of the most discussed problems of the modern digitalization. Particular attention is paid to describing what the fintech industry is, how it relates to traditional financial regulation and to what extent the official recognition of financial technologies can affect economic regulation and the global economy. Theoretical Basis. Methods. The article examines the concept of fintech and the regulatory as- pects of the so-called “sandbox”, which allows, being based on the comparative legal method and the method of legal expertise, to extrapolate specific problems to the entire situation in the field of fintech regulation. The author offers an overview of the main stages of the formation of legislation on financial technologies and examines the role of the Bank of Russia in this process. Results. Arguing about the consequences of such a concentration of regulatory mechanisms in the banking sector, the author thinks about the actual leveling of digitalization of banks with banking financial technologies in the science and practice of the Russian Federation. Based on a brief review of academic approaches to the definition of financial technologies, the author draws a number of parallels that allow one to outline the reasons for judicial errors and the reasons for excluding changes in fintech legislation from the attention of domestic courts, and draws conclu- sions about the general and particular consequences of the current situation. Discussion and Conclusion. During the study, the author comes to the conclusion that the scien- tific opinion about the development of the fintech industry and the need for its regulation in the Russian Federation is based on a narrow understanding of fintech itself and the peculiarities of introducing financial technologies into the practice of services. The author believes that the par- adigm for the development of the domestic fintech market is focused on the so-called banking fintech, when financial technologies are consumed and built into the ecosystem of specific banks’ activities and are not provided by non-banking entities. This leads to the fact that legislative regu- lation focuses on the development of banking law and, at the same time, excludes from the atten- tion of the legislator and the main regulator – the Central Bank of the Russian Federation – other areas, such as, for example, insurance or non-banking investment. This situation makes it pos- sible to ask the question of how much the image of fintech, formed in domestic law, corresponds to its actual state and market development, and in what proportion is the process of digitalization of traditional banking services understood by fintech.","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117258696","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 : 2021-06-25DOI: 10.37399/2686-9241.2021.2.139-153
E. Rakhmanova
Introduction. Millions of children are ill-treated every day at home, at school, on the streets, and in sports. While sport is believed to promote health and help children to develop important social skills, its importance is often overestimated. In sports culture, violence is often taken for granted. This is an integral part of the cruel treatment of children in sports. Further, the closed nature of sports can only partially explain why both foreign and domestic experts still pay so little attention to the abuse of young athletes. Theoretical Basis. Methods. This research has been based on general scientific methods (such as analysis and synthesis, induction and deduction, and the system analysis method) and methods of legal science (including methods of comparative jurisprudence, methods of literal, systematic and historical interpretation of legal norms). The theoretical basis of the thesis was the scientific papers of Russian and foreign experts in the field of criminal law, criminology, sociology, psychology and sports law. Results. A study of data on child abuse in sports, including scientific papers, data and recommendations provided by international organisations, shows that a common understanding of the term has not yet been developed nor have the specifics of “child abuse in sports” been determined. Analysis of the currently available documents developed by international organisations, shows that most of the recommendations are superficial and vague. Certain types of illtreatment, such as sexual abuse by peer or exploitation of the labour of child athletes are not covered in detail. Discussion and Conclusion. Considering the results of the studies of laws and regulations conducted in several foreign countries by international organisations, the authors have concluded that regardless of whether cruel treatment of children is a sporting tradition, no cruelty towards them can be justified; violence and exploitation of children athletes need to be prevented.
{"title":"The Abuse of Underage Athletes","authors":"E. Rakhmanova","doi":"10.37399/2686-9241.2021.2.139-153","DOIUrl":"https://doi.org/10.37399/2686-9241.2021.2.139-153","url":null,"abstract":"Introduction. Millions of children are ill-treated every day at home, at school, on the streets, and in sports. While sport is believed to promote health and help children to develop important social skills, its importance is often overestimated. In sports culture, violence is often taken for granted. This is an integral part of the cruel treatment of children in sports. Further, the closed nature of sports can only partially explain why both foreign and domestic experts still pay so little attention to the abuse of young athletes. Theoretical Basis. Methods. This research has been based on general scientific methods (such as analysis and synthesis, induction and deduction, and the system analysis method) and methods of legal science (including methods of comparative jurisprudence, methods of literal, systematic and historical interpretation of legal norms). The theoretical basis of the thesis was the scientific papers of Russian and foreign experts in the field of criminal law, criminology, sociology, psychology and sports law. Results. A study of data on child abuse in sports, including scientific papers, data and recommendations provided by international organisations, shows that a common understanding of the term has not yet been developed nor have the specifics of “child abuse in sports” been determined. Analysis of the currently available documents developed by international organisations, shows that most of the recommendations are superficial and vague. Certain types of illtreatment, such as sexual abuse by peer or exploitation of the labour of child athletes are not covered in detail. Discussion and Conclusion. Considering the results of the studies of laws and regulations conducted in several foreign countries by international organisations, the authors have concluded that regardless of whether cruel treatment of children is a sporting tradition, no cruelty towards them can be justified; violence and exploitation of children athletes need to be prevented.","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133463892","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 : 2021-06-25DOI: 10.37399/2686-9241.2021.2.103-116
Кirill А. Pisenko
Introduction. The article is devoted to the development of methods of solving the current issues and problems of how to challenge legal acts of administrative offence proceedings for antimonopoly control in the courts. The focus is on the problem of the balance of interests between support for, and on the other hand increasing the burden on the judicial system of administrative procedural regulations for challenging such acts. Theoretical Basis. Methods. The theoretical basis of this article is the works of domestic and foreign researchers in the field of jurisprudence. This is primarily the administration and administrative procedures, antimonopoly (competition) law, business law and their related scientific fields. The methodological basis of this research is a combination of philosophical, general scientific and private scientific methods of cognition. Results. This study of administrative and procedural antimonopoly regulation has shown that there is no well-thought-out system of legal means in the legislation that meets the needs of en- suring a balance of interests in terms of approaches to procedural economy and the efficiency of using public and private resources. As a result, administrative and judicial proceedings in- crease for the same events of alleged violations whilst there is an absence of an objective need to engage in many of them. This leads to overloading of the judicial system, an unreasonable expenditure of public resources and costs of participants in the process. It creates unreason- able economic-legal barriers, resulting in the distraction of the forces and resources of the state and the private sector from solving problems of social-economic development and socially useful business activity. Discussion and Conclusion. To overcome this complicated problem, obviously, requires legisla- tive change, confidently using the principles of law, and an analogy of law that will form the ap- proaches for the objective needs of the balance of interests. This paper contains specific propos- als for the development of such approaches.
{"title":"Current Issues and Problems of Challenging Legal Proceedings for Antimonopoly Control of Administrative Offences Legal in Courts","authors":"Кirill А. Pisenko","doi":"10.37399/2686-9241.2021.2.103-116","DOIUrl":"https://doi.org/10.37399/2686-9241.2021.2.103-116","url":null,"abstract":"Introduction. The article is devoted to the development of methods of solving the current issues and problems of how to challenge legal acts of administrative offence proceedings for antimonopoly control in the courts. The focus is on the problem of the balance of interests between support for, and on the other hand increasing the burden on the judicial system of administrative procedural regulations for challenging such acts. Theoretical Basis. Methods. The theoretical basis of this article is the works of domestic and foreign researchers in the field of jurisprudence. This is primarily the administration and administrative procedures, antimonopoly (competition) law, business law and their related scientific fields. The methodological basis of this research is a combination of philosophical, general scientific and private scientific methods of cognition. Results. This study of administrative and procedural antimonopoly regulation has shown that there is no well-thought-out system of legal means in the legislation that meets the needs of en- suring a balance of interests in terms of approaches to procedural economy and the efficiency of using public and private resources. As a result, administrative and judicial proceedings in- crease for the same events of alleged violations whilst there is an absence of an objective need to engage in many of them. This leads to overloading of the judicial system, an unreasonable expenditure of public resources and costs of participants in the process. It creates unreason- able economic-legal barriers, resulting in the distraction of the forces and resources of the state and the private sector from solving problems of social-economic development and socially useful business activity. Discussion and Conclusion. To overcome this complicated problem, obviously, requires legisla- tive change, confidently using the principles of law, and an analogy of law that will form the ap- proaches for the objective needs of the balance of interests. This paper contains specific propos- als for the development of such approaches.","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"179 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134139341","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：