Pub Date : 1900-01-01DOI: 10.37279/2413-1733-2021-7-1-191-197
A. L. Lyumanova, A. Firsova, A. Yatsenko
The stage of preparing the case for trial is an integral one, since the quality and timely consideration of the case depends on this stage. If the tasks and goals set before the stage of preparing the case for trial are met, the legality and validity of the procedural actions performed during the preparation of the case for trial are achieved.
{"title":"THE SIGNIFICANCE OF THE STAGE OF PREPARATION OF CASES FOR TRIAL AND ITS TASKS","authors":"A. L. Lyumanova, A. Firsova, A. Yatsenko","doi":"10.37279/2413-1733-2021-7-1-191-197","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-1-191-197","url":null,"abstract":"The stage of preparing the case for trial is an integral one, since the quality and timely consideration of the case depends on this stage. If the tasks and goals set before the stage of preparing the case for trial are met, the legality and validity of the procedural actions performed during the preparation of the case for trial are achieved.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"23 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120849728","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 : 1900-01-01DOI: 10.37279/2413-1733-2021-7-1-281-288
V. Onischenko
The article analyzes the existing approaches to the study and identification of the legal content of the provisions of civil legislation. It is stated that the prevailing approach cannot be called methodological at all, since it is based on intuition and does not involve the use of any methodological tools. This approach dominates the practice of applying the provisions of civil legislation in Russia. Dissatisfaction with this approach to the study and identification of the legal content of the provisions of civil legislation acts has led to attempts to use the concept of reflexive action of law for this purpose. Without denying the meaning of this concept as a methodological tool for the knowledge of law, the author proves that this tool is unsuitable for the study and identification of the legal content of the provisions of civil legislation. The only methodological tools suitable for this purpose were developed at the turn of the XIX – XX centuries by E. V. Vaskovsky. More than 100 years later, it was improved and adapted to the changed conditions
{"title":"TWO METHODOLOGICAL APPROACHES TO THE STUDY OF THE LEGAL CONTENT OF THE PROVISIONS OF CIVIL LEGISLATION","authors":"V. Onischenko","doi":"10.37279/2413-1733-2021-7-1-281-288","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-1-281-288","url":null,"abstract":"The article analyzes the existing approaches to the study and identification of the legal content of the provisions of civil legislation. It is stated that the prevailing approach cannot be called methodological at all, since it is based on intuition and does not involve the use of any methodological tools. This approach dominates the practice of applying the provisions of civil legislation in Russia. Dissatisfaction with this approach to the study and identification of the legal content of the provisions of civil legislation acts has led to attempts to use the concept of reflexive action of law for this purpose. Without denying the meaning of this concept as a methodological tool for the knowledge of law, the author proves that this tool is unsuitable for the study and identification of the legal content of the provisions of civil legislation. The only methodological tools suitable for this purpose were developed at the turn of the XIX – XX centuries by E. V. Vaskovsky. More than 100 years later, it was improved and adapted to the changed conditions","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114551680","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 : 1900-01-01DOI: 10.37279/2413-1733-2021-7-2-209-212
Z. R. Bakhrieva, A. A. Murtazaeva
This study is devoted to the legal analysis and the problem of distinguishing between a preliminary agreement and an option to conclude the agreement. The article analyzes the signs of these legal structures, also concludes that, despite the similarities, there are many significant differences that emphasize their features and independence. At the same time, the authors note that the structure of the preliminary agreement, which guarantees the conclusion of the agreement, is more stringent, in contrast to the option, which does not oblige, but gives the right to conclude the agreement.
{"title":"SIMILARITIES AND DIFFERENCES OF THE PRELIMINARY AGREEMENT AND THE OPTION TO CONCLUDE THE AGREEMENT","authors":"Z. R. Bakhrieva, A. A. Murtazaeva","doi":"10.37279/2413-1733-2021-7-2-209-212","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-2-209-212","url":null,"abstract":"This study is devoted to the legal analysis and the problem of distinguishing between a preliminary agreement and an option to conclude the agreement. The article analyzes the signs of these legal structures, also concludes that, despite the similarities, there are many significant differences that emphasize their features and independence. At the same time, the authors note that the structure of the preliminary agreement, which guarantees the conclusion of the agreement, is more stringent, in contrast to the option, which does not oblige, but gives the right to conclude the agreement.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129933629","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 : 1900-01-01DOI: 10.37279/2413-1733-2021-7-3(1)-241-251
T.P. Derevianskaia
Recidivism, like crime in general, is caused by the presence of certain social contradictions in any society and depends on the political, economic and social transformations that are characteristic of this stage of its development. In addition, the Republic of Crimea has distinctive characteristics, which primarily include its political and geographical location, high intensity of migration and transit processes, and resort status. These features have a significant impact on the main indicators of crime in the Republic of Crimea, which have a pronounced regional character. The effectiveness of ensuring the safety of the population from criminal attacks largely depends on taking into account such features. The article analyzes the regional specifics of recidivism in the Republic of Crimea, the state, level, dynamics and structure of recidivism, and considers the expected trends in the criminogenic situation in the near future. The analysis of the above data allows us to conclude that recidivism in the Republic of Crimea has pronounced features, a steady increase in recidivism is revealed.
{"title":"ANALYSIS OF THE CRIMINOLOGICAL CHARACTERISTICS OF RECIDIVISM IN THE REPUBLIC OF CRIMEA","authors":"T.P. Derevianskaia","doi":"10.37279/2413-1733-2021-7-3(1)-241-251","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(1)-241-251","url":null,"abstract":"Recidivism, like crime in general, is caused by the presence of certain social contradictions in any society and depends on the political, economic and social transformations that are characteristic of this stage of its development. In addition, the Republic of Crimea has distinctive characteristics, which primarily include its political and geographical location, high intensity of migration and transit processes, and resort status. These features have a significant impact on the main indicators of crime in the Republic of Crimea, which have a pronounced regional character. The effectiveness of ensuring the safety of the population from criminal attacks largely depends on taking into account such features. The article analyzes the regional specifics of recidivism in the Republic of Crimea, the state, level, dynamics and structure of recidivism, and considers the expected trends in the criminogenic situation in the near future. The analysis of the above data allows us to conclude that recidivism in the Republic of Crimea has pronounced features, a steady increase in recidivism is revealed.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"120 21","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113945155","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 : 1900-01-01DOI: 10.37279/2413-1733-2021-7-1-16-21
A. Gauk
The legal regulation of the activities of the Saimaa Canal began in 1858 with a series of normative legal acts that fixed the norms and distributed the main tasks and activities of its personnel and higher authorities, and was continued by the instruction of 1875. Obviously, it should be noted that in the course of this process, both the already proven methods of organizing the activities of individual parts of water transport routes (games) were used, and, in connection with the reforms taking place in Russia and Finland, the introduction of the Main Department of Transport Routes as a supervisory authority. Given the importance of this structure for the principality, the highest supervisory authority for it was initially determined by the economic department of the Finnish Senate.
{"title":"LEGAL REGULATION OF THE ACTIVITY OF THE SAIMAA CANAL IN THE SECOND HALF OF THE NINETEENTH CENTURY","authors":"A. Gauk","doi":"10.37279/2413-1733-2021-7-1-16-21","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-1-16-21","url":null,"abstract":"The legal regulation of the activities of the Saimaa Canal began in 1858 with a series of normative legal acts that fixed the norms and distributed the main tasks and activities of its personnel and higher authorities, and was continued by the instruction of 1875. Obviously, it should be noted that in the course of this process, both the already proven methods of organizing the activities of individual parts of water transport routes (games) were used, and, in connection with the reforms taking place in Russia and Finland, the introduction of the Main Department of Transport Routes as a supervisory authority. Given the importance of this structure for the principality, the highest supervisory authority for it was initially determined by the economic department of the Finnish Senate.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122559956","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 : 1900-01-01DOI: 10.37279/2413-1733-2021-7-3(1)-117-122
A. M. Yaroshevskaya
The article emphasizes that the legislation of the Russian Federation does not contain special provisions on the legal regulation of the procedure for the provision of legal services, analyzes the place and role of judicial acts of the Constitutional Court of the Russian Federation in the legal system, considers the features of application of decisions of the Constitutional Court of the Russian Federation and other higher judicial bodies of the Russian Federation. It is noted that judicial lawmaking is the activity of the highest judicial authorities of the Russian Federation, proceeding, as a rule, within the framework of the legal procedure of justice, the result of which is the creation, amendment, interpretation or cancellation of certain regulatory legal acts or certain legal norms, as a result of which legal regulation of certain public relations. The legal position taken by the advocacy community regarding the “fee of success” is examined.
{"title":"JUDICIAL LAW-MAKING IN THE ACTIVITIES OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION","authors":"A. M. Yaroshevskaya","doi":"10.37279/2413-1733-2021-7-3(1)-117-122","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(1)-117-122","url":null,"abstract":"The article emphasizes that the legislation of the Russian Federation does not contain special provisions on the legal regulation of the procedure for the provision of legal services, analyzes the place and role of judicial acts of the Constitutional Court of the Russian Federation in the legal system, considers the features of application of decisions of the Constitutional Court of the Russian Federation and other higher judicial bodies of the Russian Federation. It is noted that judicial lawmaking is the activity of the highest judicial authorities of the Russian Federation, proceeding, as a rule, within the framework of the legal procedure of justice, the result of which is the creation, amendment, interpretation or cancellation of certain regulatory legal acts or certain legal norms, as a result of which legal regulation of certain public relations. The legal position taken by the advocacy community regarding the “fee of success” is examined.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122611339","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 : 1900-01-01DOI: 10.37279/2413-1733-2021-7-3(1)-192-200
S. G. Ol’kov
The purpose of the article: show the connection between crime and fundamental macroeconomic phenomena — inflation, unemployment, tax rates and economic growth. Scientific methods: methods of mathematical analysis and probability theory, in particular, integral and differential calculus, correlation and regression analysis, methods of formal logic. The scientific results obtained by the author: 1) a law of the form is established: , linking the crime rate with the unemployment rate at a changing inflation rate (inflation is taken into account as part of the formula linking unemployment and inflation); 2) shows the relationship between the level of certain types of blunting and the tax rate (connection with the Laffer curve); 3) the connection between crime and Okun’s law is shown, when both the GDP decreases and the unemployment rate grows; 4) shows the relationship between crime and the kinks of the consumption curve in the economic growth model of Robert Solow, when transitions to a stable level of capital-labor ratio of a unit of labor are made according to the golden rule. Scientific novelty: lies in newly obtained scientific results. The practical significance lies in the possibility of using the obtained scientific results in the development of macroeconomic, microeconomic theory and criminology.
{"title":"LINKING CRIME TO INFLATION, UNEMPLOYMENT, TAX RATES, AND ECONOMIC GROWTH","authors":"S. G. Ol’kov","doi":"10.37279/2413-1733-2021-7-3(1)-192-200","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(1)-192-200","url":null,"abstract":"The purpose of the article: show the connection between crime and fundamental macroeconomic phenomena — inflation, unemployment, tax rates and economic growth.\u0000Scientific methods: methods of mathematical analysis and probability theory, in particular, integral and differential calculus, correlation and regression analysis, methods of formal logic.\u0000The scientific results obtained by the author: 1) a law of the form is established: , linking the crime rate with the unemployment rate at a changing inflation rate (inflation is taken into account as part of the formula linking unemployment and inflation); 2) shows the relationship between the level of certain types of blunting and the tax rate (connection with the Laffer curve); 3) the connection between crime and Okun’s law is shown, when both the GDP decreases and the unemployment rate grows; 4) shows the relationship between crime and the kinks of the consumption curve in the economic growth model of Robert Solow, when transitions to a stable level of capital-labor ratio of a unit of labor are made according to the golden rule.\u0000Scientific novelty: lies in newly obtained scientific results. The practical significance lies in the possibility of using the obtained scientific results in the development of macroeconomic, microeconomic theory and criminology.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131447759","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 : 1900-01-01DOI: 10.37279/2413-1733-2021-7-3(1)-3-8
A. Bredikhin, S. E. Baykeeva
In this article, the author analyzes the concept of legality in the modern theory of law, examines the historical evolution of this category in the pre-Soviet and Soviet periods. On the basis of consideration of the provisions of the current legislation, the author comes to the opinion that the principle of legality in legislation has a slightly different meaning than in theoretical science. Here legality is reduced to the implementation of the entire array of regulations, and not laws as such.
{"title":"THE CATEGORY OF LEGALITY IN THEORY AND LEGISLATION","authors":"A. Bredikhin, S. E. Baykeeva","doi":"10.37279/2413-1733-2021-7-3(1)-3-8","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(1)-3-8","url":null,"abstract":"In this article, the author analyzes the concept of legality in the modern theory of law, examines the historical evolution of this category in the pre-Soviet and Soviet periods. On the basis of consideration of the provisions of the current legislation, the author comes to the opinion that the principle of legality in legislation has a slightly different meaning than in theoretical science. Here legality is reduced to the implementation of the entire array of regulations, and not laws as such.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124001192","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 : 1900-01-01DOI: 10.37279/2413-1733-2021-7-1-126-130
Y. B. Obolensky
The work is devoted to the analysis of the issue of exemption from criminal liability for the activities of stable criminal associations, namely: terrorist community, terrorist organization, illegal armed formation, criminal community (criminal organization). The expediency of establishing the conditions for exemption from criminal liability for committing a crime under Art. 209 of the Criminal Code of the Russian Federation.
{"title":"EXEMPTION FROM CRIMINAL LIABILITY FOR THE ACTIVITIES OF ORGANIZED CRIMINAL ASSOCIATIONS","authors":"Y. B. Obolensky","doi":"10.37279/2413-1733-2021-7-1-126-130","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-1-126-130","url":null,"abstract":"The work is devoted to the analysis of the issue of exemption from criminal liability for the activities of stable criminal associations, namely: terrorist community, terrorist organization, illegal armed formation, criminal community (criminal organization). The expediency of establishing the conditions for exemption from criminal liability for committing a crime under Art. 209 of the Criminal Code of the Russian Federation.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124546952","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 : 1900-01-01DOI: 10.37279/2413-1733-2021-7-1-349-354
E. Tsukanova
This article analyzes the order of accumulation of elements of the actual composition as a classification criterion for their division into types. Depending on this, the following compositions are distinguished: 1) with the sequential accumulation of their elements; 2) with independent accumulation of elements; 3) built using various structural principles. A logical explanation of the different order of construction of legal facts using the theory of absolute and relative legal relations is given. The relevance of this issue for the modern level of the theory of law is indicated. The conclusion is formulated that relative subjective rights are not, as it were, self-sufficient. They are not able to serve as a means of satisfying interest indefinitely. This right exists only for a limited time and is aimed at achieving such a legal state in which the interest will be ensured through one’s own active behavior. As a result, the temporary order of development of actual circumstances in some situations may have legal significance, and in others — be completely indifferent to future legal consequences.
{"title":"CLASSIFICATION OF ACTUAL COMPOSITIONS DEPENDING ON THE ORDER OF ACCUMULATION OF ELEMENTS","authors":"E. Tsukanova","doi":"10.37279/2413-1733-2021-7-1-349-354","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-1-349-354","url":null,"abstract":"This article analyzes the order of accumulation of elements of the actual composition as a classification criterion for their division into types. Depending on this, the following compositions are distinguished: 1) with the sequential accumulation of their elements; 2) with independent accumulation of elements; 3) built using various structural principles. A logical explanation of the different order of construction of legal facts using the theory of absolute and relative legal relations is given. The relevance of this issue for the modern level of the theory of law is indicated. The conclusion is formulated that relative subjective rights are not, as it were, self-sufficient. They are not able to serve as a means of satisfying interest indefinitely. This right exists only for a limited time and is aimed at achieving such a legal state in which the interest will be ensured through one’s own active behavior. As a result, the temporary order of development of actual circumstances in some situations may have legal significance, and in others — be completely indifferent to future legal consequences.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127974222","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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