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: 10.37279/2413-1733-2021-7-1-191-197
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: 10.37279/2413-1733-2021-7-2-147-151
A. Kashkarov
The scientific publication examines the mechanisms of criminal law protection of the securities market in such states as: the Federal Republic of Germany (hereinafter referred to as Germany or the FRG) and the French Republic (hereinafter referred to as France). The publication substantiates why the legislation of France and Germany is taken as the basis for the scientific analysis of the criminal law protection of the stock market in this publication. A comparative legal analysis of the criminal legislation of France and Germany with the domestic criminal legislation is carried out. The fact is illustrated that, unlike domestic criminal legislation, the criminal legislation of France and Germany is not based on one source — the criminal code, but contains the so-called comparative criminal legislation, which, in addition to regulating positive public relations, provides criminal legal protection of the stock market and public relations in the sphere of issue and circulation of securities, thus, the article analyzes not only the norms of the criminal codes of Germany and France, but also the norms of corporate criminal law of these states.
{"title":"CRIMINAL LAW PROTECTION OF THE STOCK MARKET IN THE STATES OF THE EUROPEAN UNION","authors":"A. Kashkarov","doi":"10.37279/2413-1733-2021-7-2-147-151","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-2-147-151","url":null,"abstract":"The scientific publication examines the mechanisms of criminal law protection of the securities market in such states as: the Federal Republic of Germany (hereinafter referred to as Germany or the FRG) and the French Republic (hereinafter referred to as France). The publication substantiates why the legislation of France and Germany is taken as the basis for the scientific analysis of the criminal law protection of the stock market in this publication. A comparative legal analysis of the criminal legislation of France and Germany with the domestic criminal legislation is carried out. The fact is illustrated that, unlike domestic criminal legislation, the criminal legislation of France and Germany is not based on one source — the criminal code, but contains the so-called comparative criminal legislation, which, in addition to regulating positive public relations, provides criminal legal protection of the stock market and public relations in the sphere of issue and circulation of securities, thus, the article analyzes not only the norms of the criminal codes of Germany and France, but also the norms of corporate criminal law of these states.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"358 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120878048","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: 10.37279/2413-1733-2020-6-2-224-229
O. V. Ermakova
In the presented article, the author analyzes the place of the truncated crime in the classification of crimes. In particular, the author proves not only the independence of this composition, but also its important role in the prevention of crimes. Special attention is paid to the rules of constructing a truncated corpus delicti in the norms of the Special Part of the Criminal Code, compliance with which will allow not only to determine the exact structure of the composition, but also to establish the end of the crime.
{"title":"FEATURES OF THE TRUNCATED CORPUS DELICTI","authors":"O. V. Ermakova","doi":"10.37279/2413-1733-2020-6-2-224-229","DOIUrl":"https://doi.org/10.37279/2413-1733-2020-6-2-224-229","url":null,"abstract":"In the presented article, the author analyzes the place of the truncated crime in the classification of crimes. In particular, the author proves not only the independence of this composition, but also its important role in the prevention of crimes. Special attention is paid to the rules of constructing a truncated corpus delicti in the norms of the Special Part of the Criminal Code, compliance with which will allow not only to determine the exact structure of the composition, but also to establish the end of the crime.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"87 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121015124","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)-67-76
R. Khayali
The article analyzes the reasons and prerequisites for the restoration of the institution of the prosecutor’s office in the RSFSR. Shown is the process of organizing supervision by various state bodies during the absence of prosecutors. During the discussion of the Regulation on Prosecutor’s Supervision, different points of view on the place and role of the Prosecutor’s Office in the mechanism of the Soviet state are being considered. The conclusion is drawn: the creation of prosecutorial bodies and the organization of prosecutorial supervision met the challenges of the time. The full functioning of law enforcement agencies, like the entire Soviet state apparatus, became possible on the basis of the revival of a new type of prosecutor’s office, which has oversight functions for the observance of the rule of law.
{"title":"RESTORATION OF THE INSTITUTE OF PROSECUTOR’S OFFICE IN SOVIET RUSSIA","authors":"R. Khayali","doi":"10.37279/2413-1733-2021-7-3(1)-67-76","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-3(1)-67-76","url":null,"abstract":"The article analyzes the reasons and prerequisites for the restoration of the institution of the prosecutor’s office in the RSFSR. Shown is the process of organizing supervision by various state bodies during the absence of prosecutors. During the discussion of the Regulation on Prosecutor’s Supervision, different points of view on the place and role of the Prosecutor’s Office in the mechanism of the Soviet state are being considered. The conclusion is drawn: the creation of prosecutorial bodies and the organization of prosecutorial supervision met the challenges of the time. The full functioning of law enforcement agencies, like the entire Soviet state apparatus, became possible on the basis of the revival of a new type of prosecutor’s office, which has oversight functions for the observance of the rule of law.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"95 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":"134383268","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: 10.37279/2413-1733-2021-7-1-3-10
A. N. Anohin
Here is researched the problems of the legal regulation system. Particular attention is paid on the study of the functional aspects of this system, embodied in the space of its possible states. The space of possible states of the system of legal regulation is considered as one of the types of legal space. The parametric characteristics of this space are the following: the structure of the establishment, the structure of the organization, the structure of the functioning of the system. The boundaries of the entities of the possible states are determined by the purpose of the legal regulation system and by the requirements for the system as well (coercive relations). The study shall be based on the emphasis on two levels of legal regulation: the system of constitutional and legal regulation (rights emanating from the people as the subject of constituent power) and the system of state and legal regulation.
{"title":"ON THE STUDY OF THE AREA OF THE LEGAL REGULATION SYSTEM","authors":"A. N. Anohin","doi":"10.37279/2413-1733-2021-7-1-3-10","DOIUrl":"https://doi.org/10.37279/2413-1733-2021-7-1-3-10","url":null,"abstract":"Here is researched the problems of the legal regulation system. Particular attention is paid on the study of the functional aspects of this system, embodied in the space of its possible states. The space of possible states of the system of legal regulation is considered as one of the types of legal space. The parametric characteristics of this space are the following: the structure of the establishment, the structure of the organization, the structure of the functioning of the system. The boundaries of the entities of the possible states are determined by the purpose of the legal regulation system and by the requirements for the system as well (coercive relations). The study shall be based on the emphasis on two levels of legal regulation: the system of constitutional and legal regulation (rights emanating from the people as the subject of constituent power) and the system of state and legal regulation.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"115 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":"132969764","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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