Pub Date : 2024-01-25DOI: 10.18572/1811-1475-2024-2-54-58
Timur R. Bulatov
The article discusses issues related to the current state of the migration situation in our country, which, unfortunately, remains difficult. The reasons for this situation and the emerging trend of an increase in the number of crimes and administrative offenses committed by migrants are revealed. Separate statistical data on violations of the legislation of the Russian Federation by foreigners in St. Petersburg and the Leningrad region are presented. It is concluded that, despite the interest of our state in using migrant labor, it should not only create favorable conditions for their adaptation, but also take measures to strengthen control over foreigners staying in the territory of the Russian Federation.
{"title":"Migration Processes in Present-Day Russia: State and Development Prospects","authors":"Timur R. Bulatov","doi":"10.18572/1811-1475-2024-2-54-58","DOIUrl":"https://doi.org/10.18572/1811-1475-2024-2-54-58","url":null,"abstract":"The article discusses issues related to the current state of the migration situation in our country, which, unfortunately, remains difficult. The reasons for this situation and the emerging trend of an increase in the number of crimes and administrative offenses committed by migrants are revealed. Separate statistical data on violations of the legislation of the Russian Federation by foreigners in St. Petersburg and the Leningrad region are presented. It is concluded that, despite the interest of our state in using migrant labor, it should not only create favorable conditions for their adaptation, but also take measures to strengthen control over foreigners staying in the territory of the Russian Federation.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140495806","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 : 2024-01-25DOI: 10.18572/1811-1475-2024-2-31-36
Darya A. Gorbacheva
In this article, the author relies on the provisions of Federal Law № 442-FZ “On the fundamentals of social services for citizens in the Russian Federation” and the theoretical model of the social service system proposed by V.Sh. Shaikhatdinov. Taking into account the ever-increasing need for social services for children from birth to the age of three and the lack of definition of the concept of “infants in need of social services”, it is proposed to define this phenomenon and include it in the list of groups of recipients of social services in the subsystem of social service subjects.
{"title":"The Definition of the Concept of ‘Young Children in Need of Social Care’ in Science and Law","authors":"Darya A. Gorbacheva","doi":"10.18572/1811-1475-2024-2-31-36","DOIUrl":"https://doi.org/10.18572/1811-1475-2024-2-31-36","url":null,"abstract":"In this article, the author relies on the provisions of Federal Law № 442-FZ “On the fundamentals of social services for citizens in the Russian Federation” and the theoretical model of the social service system proposed by V.Sh. Shaikhatdinov. Taking into account the ever-increasing need for social services for children from birth to the age of three and the lack of definition of the concept of “infants in need of social services”, it is proposed to define this phenomenon and include it in the list of groups of recipients of social services in the subsystem of social service subjects.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140496045","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 : 2024-01-25DOI: 10.18572/1811-1475-2024-2-42-47
Oleg V. Naraykin
The legal regulation of interested-party transactions, since the establishment of relevant norms in domestic legislation, has subsequently acquired dynamic development and has been reformed more than once. Despite many positive changes in legislation, with the development of civil turnover and the practice of applying the rules on related-party transactions, the shortcomings inherent in the institution in question are increasingly being noticed, especially when challenging transactions. In this article, the author addresses the problem of determining the subject matter of challenging transactions in which there is an interest from the point of view of law enforcement judicial arbitration practice, and on its basis formulates conclusions and proposals.
{"title":"Individualization of Private Law Subjects at Performance of Legally Valid Actions in the Digital Environment","authors":"Oleg V. Naraykin","doi":"10.18572/1811-1475-2024-2-42-47","DOIUrl":"https://doi.org/10.18572/1811-1475-2024-2-42-47","url":null,"abstract":"The legal regulation of interested-party transactions, since the establishment of relevant norms in domestic legislation, has subsequently acquired dynamic development and has been reformed more than once. Despite many positive changes in legislation, with the development of civil turnover and the practice of applying the rules on related-party transactions, the shortcomings inherent in the institution in question are increasingly being noticed, especially when challenging transactions. In this article, the author addresses the problem of determining the subject matter of challenging transactions in which there is an interest from the point of view of law enforcement judicial arbitration practice, and on its basis formulates conclusions and proposals.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140496540","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 : 2024-01-25DOI: 10.18572/1811-1475-2024-2-37-41
Elena A. Kapitonova
The growing number and increasing diversity of derivative works created on the basis of characters and other parts of works whose copyright holders are other persons require understanding of their new forms. Based on the list of the most common of them compiled by the author of the article, their common features are highlighted and their correlation with the norms of civil legislation and explanations of the Supreme Court of the Russian Federation is given. As examples, performances with the participation of life-size dolls, cosplay, books on creativity with tips on making a recognizable product, as well as architectural and landscape objects that copy famous images are considered. The understanding of character reproduction proposed by the Armed Forces of the Russian Federation is disputed solely as "making an instance". A number of questions are raised about the ambiguity of the interpretation of violations in the above situations and possible ways to eliminate such doubts.
{"title":"Cosplay, Costumed Characters and Other Gray Profit Generation Means at Use of a Part of Other Person’s Work","authors":"Elena A. Kapitonova","doi":"10.18572/1811-1475-2024-2-37-41","DOIUrl":"https://doi.org/10.18572/1811-1475-2024-2-37-41","url":null,"abstract":"The growing number and increasing diversity of derivative works created on the basis of characters and other parts of works whose copyright holders are other persons require understanding of their new forms. Based on the list of the most common of them compiled by the author of the article, their common features are highlighted and their correlation with the norms of civil legislation and explanations of the Supreme Court of the Russian Federation is given. As examples, performances with the participation of life-size dolls, cosplay, books on creativity with tips on making a recognizable product, as well as architectural and landscape objects that copy famous images are considered. The understanding of character reproduction proposed by the Armed Forces of the Russian Federation is disputed solely as \"making an instance\". A number of questions are raised about the ambiguity of the interpretation of violations in the above situations and possible ways to eliminate such doubts.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140494630","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 : 2024-01-25DOI: 10.18572/1811-1475-2024-2-27-30
Ivan A. Bliznets, Evgeny N. Scherbak, Konstantin B. Leontyev
The article notes that in the legislation of the Russian Federation the term “plagiarism” is used only in relation to the deliberate appropriation of authorship, which entails criminal liability, while in scientific publications this term is used in relation to a wider range of borrowings that are not criminal offenses. The authors conclude that the negative consequence of such a blurring of legal terminology is the complication of classification of those legal phenomena that are encountered in practice. It is argued that for the further development of legislation, judicial and business practice it is necessary to provide a unified understanding of such legal phenomena as plagiarism, on the one hand, and other cases of illegal borrowing, on the other hand, with the division of the latter into separate types of borrowing, taking into account the peculiarities of certain areas of activity, including the establishment of different criteria for recognizing the fact of illegal borrowing for scientific activity, for film production, fiction and other areas of use of the results of creative activity and certain types of works.
{"title":"Plagiarism, Borrowing and Legitimate Use: The Concept Demarcation Problem","authors":"Ivan A. Bliznets, Evgeny N. Scherbak, Konstantin B. Leontyev","doi":"10.18572/1811-1475-2024-2-27-30","DOIUrl":"https://doi.org/10.18572/1811-1475-2024-2-27-30","url":null,"abstract":"The article notes that in the legislation of the Russian Federation the term “plagiarism” is used only in relation to the deliberate appropriation of authorship, which entails criminal liability, while in scientific publications this term is used in relation to a wider range of borrowings that are not criminal offenses. The authors conclude that the negative consequence of such a blurring of legal terminology is the complication of classification of those legal phenomena that are encountered in practice. It is argued that for the further development of legislation, judicial and business practice it is necessary to provide a unified understanding of such legal phenomena as plagiarism, on the one hand, and other cases of illegal borrowing, on the other hand, with the division of the latter into separate types of borrowing, taking into account the peculiarities of certain areas of activity, including the establishment of different criteria for recognizing the fact of illegal borrowing for scientific activity, for film production, fiction and other areas of use of the results of creative activity and certain types of works.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140494946","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 : 2024-01-25DOI: 10.18572/1811-1475-2024-2-22-26
Saida A. Saybulaeva
This article discusses the issues of negative reception in theoretical interpretation and practical implementation. Certain types, features and political and legal consequences of forced reception are indicated. Separate types of reception are investigated as: forced, colonial, occupation and neocolonial. The practical aspects of the application and consequences of such a receipt in state legal systems are analyzed. The relevance of legal borrowing as the main method of institution and improvement of organizational and functional aspects of the national and foreign policy of the state is emphasized, provided that appropriate legal material is received, qualified and constructive incorporation of the received provisions into the national legal system, ensuring the harmonization of innovative regulatory material with functioning legal norms.
{"title":"Destructive Aspects of Reception: Issues of the Theory and Practice","authors":"Saida A. Saybulaeva","doi":"10.18572/1811-1475-2024-2-22-26","DOIUrl":"https://doi.org/10.18572/1811-1475-2024-2-22-26","url":null,"abstract":"This article discusses the issues of negative reception in theoretical interpretation and practical implementation. Certain types, features and political and legal consequences of forced reception are indicated. Separate types of reception are investigated as: forced, colonial, occupation and neocolonial. The practical aspects of the application and consequences of such a receipt in state legal systems are analyzed. The relevance of legal borrowing as the main method of institution and improvement of organizational and functional aspects of the national and foreign policy of the state is emphasized, provided that appropriate legal material is received, qualified and constructive incorporation of the received provisions into the national legal system, ensuring the harmonization of innovative regulatory material with functioning legal norms.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140495957","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 : 2024-01-25DOI: 10.18572/1811-1475-2024-2-48-53
A. A. Shutova
The publication discusses ethical and legal issues in the use of artificial intelligence technologies in the healthcare sector. Digital technologies should not only contribute to the positive development of the healthcare sector, but also inspire confidence among patients and medical professionals, and also not create fears about their use, therefore, ethical and legal issues are given importance. In this case, a significant role will be given to the legal regulation of social relations arising in connection with the use of technology in medicine.
{"title":"The Use of Artificial Intelligence Technologies in Healthcare: Ethical and Legal Issues","authors":"A. A. Shutova","doi":"10.18572/1811-1475-2024-2-48-53","DOIUrl":"https://doi.org/10.18572/1811-1475-2024-2-48-53","url":null,"abstract":"The publication discusses ethical and legal issues in the use of artificial intelligence technologies in the healthcare sector. Digital technologies should not only contribute to the positive development of the healthcare sector, but also inspire confidence among patients and medical professionals, and also not create fears about their use, therefore, ethical and legal issues are given importance. In this case, a significant role will be given to the legal regulation of social relations arising in connection with the use of technology in medicine.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140495739","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 : 2024-01-11DOI: 10.18572/1811-1475-2024-1-37-40
Vasily A. Laptev
This article examines the legal aspects of existing types of common property management. The legal structures of common property management and their characteristics are analyzed. Criteria for managing common property are identified: by subject composition (owners, real estate owners' associations, cooperatives, management organizations and others); relation to common property (owners and third parties); objects of common property (real and movable things), etc. In conclusion, approaches are proposed, the use of which can serve the development of judicial practice.
{"title":"Common Property Management Types (Legal Aspects)","authors":"Vasily A. Laptev","doi":"10.18572/1811-1475-2024-1-37-40","DOIUrl":"https://doi.org/10.18572/1811-1475-2024-1-37-40","url":null,"abstract":"This article examines the legal aspects of existing types of common property management. The legal structures of common property management and their characteristics are analyzed. Criteria for managing common property are identified: by subject composition (owners, real estate owners' associations, cooperatives, management organizations and others); relation to common property (owners and third parties); objects of common property (real and movable things), etc. In conclusion, approaches are proposed, the use of which can serve the development of judicial practice.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510800","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 : 2024-01-11DOI: 10.18572/1811-1475-2024-1-32-36
Aleksandr S. Kukharenko
The article deals with the legal nature of the second right and the specifics of the implementation of the second right in the framework of the option to conclude a contract. The peculiarity of the option to conclude a contract is that the option to conclude a contract does not impose on the acceptor the obligation to conclude the main agreement, the acceptor has the right to choose: to agree to an irrevocable offer or to refrain from consent. The legal nature of this right has been and is the subject of discussion in the legal community. The author comes to the conclusion that the second power in the context of an option agreement is a relative power and is carried out exclusively within the framework of a relative legal relationship. The second rights have a relative nature, requiring active legal interaction between the parties.
{"title":"The Essence and Features of the Secondary Right in the Exercise of an Option to Conclude an Agreement","authors":"Aleksandr S. Kukharenko","doi":"10.18572/1811-1475-2024-1-32-36","DOIUrl":"https://doi.org/10.18572/1811-1475-2024-1-32-36","url":null,"abstract":"The article deals with the legal nature of the second right and the specifics of the implementation of the second right in the framework of the option to conclude a contract. The peculiarity of the option to conclude a contract is that the option to conclude a contract does not impose on the acceptor the obligation to conclude the main agreement, the acceptor has the right to choose: to agree to an irrevocable offer or to refrain from consent. The legal nature of this right has been and is the subject of discussion in the legal community. The author comes to the conclusion that the second power in the context of an option agreement is a relative power and is carried out exclusively within the framework of a relative legal relationship. The second rights have a relative nature, requiring active legal interaction between the parties.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510327","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 : 2024-01-11DOI: 10.18572/1811-1475-2024-1-46-49
Aleksandr V. Shvets, Vyacheslav A. Gayduk
This scientific article explores the prospects for the development of smart contracts in the Russian Federation, considering them as a means of fulfilling obligations. Given the lack of legal consolidation of blockchain technology in Russia, the authors present the concept of the “digital ruble” platform, developed by the Central Bank of the Russian Federation, as an alternative to blockchain for the implementation of smart contracts. The structure of the article includes the main elements of the organization of smart contracts and the regulation of civil law relations, such as smart contracts, the digital ruble platform, the smart contract system and contracts directly concluded by the parties. Smart contracts are digital agreements that are automatically executed when certain conditions occur. They have a huge potential to improve the efficiency and reliability of civil law relations. This article discusses the prospects of using smart contracts in the Russian Federation using the digital ruble platform in light of the current lack of a legal framework for blockchain technology.
{"title":"Prospects of the Development of Smart Contracts in the Russian Federation with the Use of the Digital Ruble Platform","authors":"Aleksandr V. Shvets, Vyacheslav A. Gayduk","doi":"10.18572/1811-1475-2024-1-46-49","DOIUrl":"https://doi.org/10.18572/1811-1475-2024-1-46-49","url":null,"abstract":"This scientific article explores the prospects for the development of smart contracts in the Russian Federation, considering them as a means of fulfilling obligations. Given the lack of legal consolidation of blockchain technology in Russia, the authors present the concept of the “digital ruble” platform, developed by the Central Bank of the Russian Federation, as an alternative to blockchain for the implementation of smart contracts. The structure of the article includes the main elements of the organization of smart contracts and the regulation of civil law relations, such as smart contracts, the digital ruble platform, the smart contract system and contracts directly concluded by the parties. Smart contracts are digital agreements that are automatically executed when certain conditions occur. They have a huge potential to improve the efficiency and reliability of civil law relations. This article discusses the prospects of using smart contracts in the Russian Federation using the digital ruble platform in light of the current lack of a legal framework for blockchain technology.","PeriodicalId":210234,"journal":{"name":"Juridical World","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510109","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}
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