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Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science最新文献

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CHARACTERISTIC OF CRIME RELATED TO THE ILLEGAL TRAFFICKING OF NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND THEIR ANALOGUES IN THE TERRITORY OF THE REPUBLIC OF CRIMEA 与在克里米亚共和国境内非法贩运麻醉药品、精神药物及其类似物有关的犯罪特征
Pub Date : 2022-12-12 DOI: 10.29039/2413-1733-2021-7-3(2)-253-263
M. Rudik
The author analyzed the dynamics of crimes related to the illegal circulation of narcotic drugs, psychotropic substances and their analogues on the territory of the Republic of Crimea in 2016–2020. In addition, the structure of crime related to the illegal circulation of narcotic drugs, psychotropic substances and their analogues in the territory of the Republic of Crimea was analyzed. Some statistics indicate that the majority of crimes related to illicit trafficking in narcotic drugs and psychotropic substances are committed by persons who do not have a permanent source of income. The author notes that at present, effective counteraction to drug-related crimes has a number of difficulties arising from the transition from contact types of sale to non-contact ones, which are actively used by persons distributing and selling narcotic drugs and psychotropic substances. In countering such electronic methods of contactless sale of narcotic drugs, law enforcement agencies often work in an insufficient, and sometimes in a truncated format. The main difficulties in its high-quality implementation are reduced to the difficulties in the implementation of technical processing of the Internet messengers used for its implementation, operations with cryptocurrencies, as well as the use of anonymizers.
作者分析了2016-2020年克里米亚共和国境内与麻醉药品、精神药物及其类似物非法流通有关的犯罪动态。此外,还分析了与克里米亚共和国境内非法流通麻醉药品、精神药物及其类似物有关的犯罪结构。一些统计数字表明,大多数与非法贩运麻醉药品和精神药物有关的罪行是由没有永久收入来源的人犯下的。作者指出,目前,由于分销和销售麻醉药品和精神药物的人积极使用接触销售方式向非接触销售方式过渡,有效打击毒品犯罪存在一些困难。在打击这种非接触式销售麻醉药品的电子方法时,执法机构的工作往往不够充分,有时甚至是精简的形式。其高质量实现的主要困难归结为实现用于其实现的互联网信使的技术处理,加密货币操作以及使用匿名器的困难。
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引用次数: 0
REGULATION OF THE ACTIVITIES OF PILOTS OF INLAND WATERWAYS IN THE USSR IN THE EARLY 1930S. 20世纪30年代初苏联内河航道领航员活动的管制。
Pub Date : 2022-12-12 DOI: 10.29039/2413-1733-2021-7-3(2)-264-269
A. Nikitina
The article indicates that only after the adoption of the USSR Merchant Shipping Code of 1929, it was possible to determine the main components of the charter of inland water transport of 1930, including issues related to raft crews and pilots of raft breeders (Chapter 4 of the Charter). Chapter 5 of the charter established the circle of responsible bodies and the methods of their interaction, and chapter 6 on the issues of the coastline and marinas. The issues of the status, position, tasks and duties of pilots on inland waterways were not reflected in the charter, obviously because these pilots were subsequently included in the ship’s crews or were ordinary employees of various departments, having lost their independent status and separate organization. The resolution of the situation became possible in 1931-1932. with the allocation of water transport in a separate People’s Commissariat. After that, an active process of regulating the activities of river pilots by various interested departments began.
该条指出,只有在1929年苏联商船法典通过之后,才有可能确定1930年内河运输租船合同的主要组成部分,包括与木筏船员和木筏繁殖者的引航员有关的问题(《租船合同》第4章)。宪章第5章确立了责任机构圈及其互动方式,第6章论述了海岸线与码头问题。内河引航员的地位、地位、任务和职责等问题在租船合同中没有反映出来,显然是因为这些引航员后来被纳入船舶船员或成为各部门的普通雇员,失去了独立地位和独立组织。1931-1932年,局势得以解决。将水运分配给单独的人民委员部。此后,各有关部门开始积极规范引水员的活动。
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引用次数: 0
LAW ENFORCEMENT MONITORING AS AN INSTRUMENT OF OBJECTIVE ASSESSMENT OF PUBLIC ADMINISTRATION 执法监测作为客观评价公共行政的工具
Pub Date : 2022-12-12 DOI: 10.29039/2413-1733-2021-7-3(2)-223-230
E. Orlova
The paper analyzes the features of federal and regional legislation on law enforcement monitoring and determining the place and role of monitoring in the system of monitoring technologies to improve the efficiency of public administration. On the basis of the current legislation, the concepts of “monitoring”, “law enforcement monitoring” have been analyzed; the organizational and management goal of law enforcement monitoring has been determined; the goal, objectives, signs, subjects and content of law enforcement monitoring have been determined; the law enforcement monitoring system has been analyzed. Law enforcement monitoring is regarded as a large-scale and effective instrument for improving the legal system, providing a complex effect on its main elements to create the most competitive and adapted model of state power and legal regulation.
本文分析了联邦和地区执法监督立法的特点,确定了监督在监督技术体系中的地位和作用,以提高公共行政的效率。在现行立法的基础上,分析了“监督”、“执法监督”的概念;确定了执法监测的组织管理目标;确定了执法监测的目标、目的、标志、主体和内容;对执法监控系统进行了分析。执法监督被视为完善法律体系的一种大规模而有效的工具,对其主要要素提供了复杂的影响,以创造最具竞争力和适应性的国家权力和法律监管模式。
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引用次数: 0
ROBOTIZATION OF THE EUROPEAN LABOR MARKET: PROBLEMS, FUTURE PROSPECTS AND REGULATION BY THE NORMS OF EUROPEAN LABOR LAW 欧洲劳动力市场的机器人化:问题、未来前景和欧洲劳动法规范的监管
Pub Date : 2022-12-12 DOI: 10.29039/2413-1733-2021-7-3(2)-200-208
J. Sarankina, K. Strel'nikov
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引用次数: 0
LEGAL PHENOMENON OF RUSSIAN AUTHORITY 俄罗斯权威的法律现象
Pub Date : 2022-12-12 DOI: 10.29039/2413-1733-2021-7-3(2)-240-252
E. Safronova, G. Shairyan
The article examines the history of autocracy in Russia, the time of its existence is calculated from the middle of the 16th century. and before the beginning of the twentieth century. The exception was the insignificant periods of the interregnum, which only confirmed the adherence of the Russian people to the sole forms of supreme power — the princely autocracy, which was finally formed at the end of the 15th century in the Moscow state, and to the tsarist autocracy that replaced it, which was abolished on March 2 (15), 1917. The study of autocracy is carried out using extensive source research and historiographic material. This circumstance made it possible to reveal the legal nature of the supreme power of the Russian monarch, to highlight and describe its properties, to show the exclusivity of the state-canonical legal status of its royal owner. The study of autocracy as a legal phenomenon reflecting the uniqueness of political power in Russia is the most important condition for the further improvement of the modern model of Russian statehood, which is very different from its traditional and customary hierarchical version with one-man supreme power. The methodologically applied new civilizational and cultural approach opens up broad scientific perspectives for this and offers still untapped practical opportunities.
这篇文章考察了俄罗斯的专制历史,其存在的时间从16世纪中叶开始计算。在20世纪初之前。唯一的例外是短暂的间歇期,这段时期只证实了俄罗斯人民对最高权力的唯一形式的坚持,即15世纪末在莫斯科国家最终形成的王侯专制制度,以及取代它的沙皇专制制度,后者于1917年3月2日(15日)被废除。专制制度的研究是利用广泛的来源研究和历史资料进行的。这种情况为揭示俄罗斯君主最高权力的法律性质,突出和描述其属性,显示其皇室所有者的国家规范法律地位的排他性提供了可能。将专制政体作为一种反映俄罗斯政治权力独特性的法律现象进行研究,是进一步完善俄罗斯现代国家模式的最重要条件。俄罗斯现代国家模式与传统的一人最高权力的等级制国家模式截然不同。新的文明和文化方法在方法论上的应用为这一问题开辟了广阔的科学前景,并提供了尚未开发的实践机会。
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引用次数: 0
LEGAL FORMS OF IMPLEMENTATION AND PROTECTION OF THE PRIORITY RIGHT TO PURCHASE A SHARE IN THE RIGHT OF COMMON SHARE PROPERTY 以法律形式实现和保护优先购买权中的普通股物权
Pub Date : 2022-12-12 DOI: 10.29039/2413-1733-2021-7-3(2)-231-239
T. Semenukha
The article is devoted to the analysis of the right of first refusal in the right of common shared ownership, identification of obligations arising on its basis, consideration of the structure of these obligations. The author analyzes the ways of protecting subjective rights arising in the course of exercising the right of first refusal, the limitation period provided for such protection, evaluates the time allotted for the acquisition of an alienated share, and outlines the range of necessary actions to exercise the right of first refusal. The article also provides an assessment of the consequences of terminating an agreement concluded in violation of the right of first refusal.
本文分析了共同共有权中的优先购买权,在此基础上产生的义务的认定,并对这些义务的结构进行了思考。分析了优先购买权行使过程中主观权利的保护方式、保护时效期限,评价了转让股份取得的期限,概述了优先购买权行使的必要诉讼范围。该条还对终止违反优先购买权而缔结的协议的后果进行了评估。
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引用次数: 0
ANTI-CORRUPTION AUDIT METHOD: THEORY AND PRACTICE 反腐败审计方法:理论与实践
Pub Date : 2022-12-12 DOI: 10.29039/2413-1733-2021-7-3(2)-187-199
D. Zabroda, A. Kapranov
The article actualizes the problem of conducting an anti-corruption audit as a way to identify corruption risks and a tool for preventing corruption manifestations both in the field of public administration and in the implementation of commercial activities. The main stages of the anti-corruption audit methodology are highlighted and characterized: planning the audit; verification (on-site data collection); drawing up a report on the results of the audit (reporting); development of corrective measures (elimination of consequences and verification of implementation). The methods of conducting anti-corruption audit are disclosed: data collection is obtaining reliable information on the implementation of anti-corruption measures; observation is a purposeful and systematic perception of processes and phenomena in the field of combating corruption, the results of which are recorded by an observer (auditor, expert); Evaluation is a process aimed at identifying (as systematically and objectively as possible) the appropriateness, effectiveness, productivity, value (added value), sustainability of anti-corruption measures and / or the impact of their intervention; forecast is a judgment about the likely state of anti-corruption activities based on special scientific research (forecasting). Special attention is paid to such anti-corruption audit techniques as: conducting anti-corruption expertise; voluntary assessment of knowledge of anti-corruption legislation is traditionally associated with testing the relevant categories of workers and employees; voluntary psychophysiological research using a polygraph; use of focus groups; analysis of messages from citizens received on hot lines about corruption facts; the state of posting on the official websites of federal executive bodies in the information and telecommunications network «Internet» up-to-date information on measures to prevent and combat corruption.
本文将开展反腐败审计作为一种识别腐败风险的方式和防止公共管理领域和商业活动实施中的腐败表现的工具的问题具体化。强调了反腐败审计方法论的主要阶段:规划审计;验证(现场数据采集);就审计结果拟备报告(报告);制定纠正措施(消除后果和核查实施情况)。披露了开展反腐败审计的方法:数据收集是获取反腐败措施执行情况的可靠信息;观察是对反腐败领域的过程和现象进行有目的和系统的观察,观察结果由观察员(审计员、专家)记录;评估是一个过程,旨在(尽可能系统和客观地)确定反腐败措施的适当性、有效性、生产力、价值(附加价值)、可持续性和/或其干预的影响;预测是在专项科学研究(预测)的基础上,对反腐活动可能出现的状态作出的判断。特别注意以下反腐败审计技术:开展反腐败专门知识;对反腐败立法知识的自愿评估传统上与测试相关类别的工人和雇员有关;自愿使用测谎仪进行心理生理学研究;使用焦点小组;贪污举报热线市民举报信息分析;在信息和电信网络“互联网”的联邦执行机构的官方网站上发布有关预防和打击腐败措施的最新信息的情况。
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引用次数: 0
MEDIATION AGREEMENT AS A RESULT OF INDIVIDUAL REGULATION OF CIVIL LEGAL RELATIONS 调解协议作为个体调节民事法律关系的结果
Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-3(2)-127-132
Ye. B. Ovdiyenko
The article presents the analysis concerning legislator’s position in respect of mediation; the author analyses principles underlying reconciliation of parties concluding mediation agreement; special attention is paid to the principle of confidentiality. The author considers mediation procedure as the type of individual regulation of civil legal relations. The analysis is conducted regarding preconditions advanced for figure of mediator in the light of current legislation, as well as with the view of the bill drafted by the Ministry of Justice of the Russian Federation. The author makes a conclusion that mediation agreement is the result of voluntary individual regulation of legal relations at issue.
本文分析了立法者在调解方面的立场;分析了当事人订立调解协议的基本原则;对保密原则给予了特别注意。笔者认为调解程序是民事法律关系的个体调节类型。根据现行立法,并根据俄罗斯联邦司法部起草的法案,对调解员人数的先决条件进行了分析。调解协议是当事人对争议法律关系进行自愿调节的结果。
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引用次数: 0
ON THE INTERPRETATION OF THE CONCEPT AND PRINCIPLES OF ADMINISTRATIVE RESPONSIBILITY IN THE CONTEXT OF THE REFORM OF ADMINISTRATIVE-TORT LEGISLATION 论行政侵权立法改革背景下行政责任概念与原则的解读
Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-2-226-236
E. Evsikova, A. V. Ponomarev
The article reveals and explores the main approaches to understanding the category of «administrative re-sponsibility». The authors explore and study the achievements of modern administrative-legal doctrine, as well as the achievements of Soviet-era administrative scientists who are making their first attempts to justify the interpretation of the category of «administrative responsibility».The current administrative and tort legislation does not contain and does not disclose the concept of «ad-ministrative responsibility», which causes a lot of controversy and discussion both in the scientific community and among legal practitioners. The paper analyzes statistical data and the dynamics of the administrative-tort situation in the Russian Federation as a whole, on the basis of which it is concluded that there is a need for high-quality legislative regulation of all key aspects related to administrative responsibility.The authors pay special attention to the Draft of the new Code of Administrative Offences of the Russian Federation, which contains a legislative definition of administrative responsibility and signs of administrative responsibility. In addition, the paper examines and analyzes the basic principles of administrative responsibility, which should be enshrined in administrative-tort legislation.On the basis of the analysis, taking into account the scientific diversity of the existing positions of admin-istrative scientists regarding the interpretation of the category «administrative responsibility», the authors propose their own concept of the category»administrative responsibility».
本文揭示并探讨了理解“行政责任”范畴的主要途径。作者探索和研究了现代行政法学学说的成就,以及苏联时代的行政科学家的成就,他们首次尝试为“行政责任”范畴的解释辩护。现行的行政侵权立法对“行政责任”的概念既不包含也不公开,这在科学界和法律界都引起了很大的争议和讨论。本文分析了统计数据和整个俄罗斯联邦行政侵权状况的动态,在此基础上得出结论,认为需要对与行政责任有关的所有关键方面进行高质量的立法规制。作者特别注意到新的俄罗斯联邦行政犯罪法典草案,其中载有行政责任的立法定义和行政责任的标志。此外,本文还对行政侵权立法中应体现的行政责任的基本原则进行了考察和分析。在分析的基础上,考虑到现有行政科学家对“行政责任”这一范畴的解释立场的科学性差异,作者提出了自己的“行政责任”这一范畴的概念。
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引用次数: 0
DIGITALIZATION OF SEPARATE TYPES OF LAW ENFORCEMENT (ON THE EXAMPLE OF MIGRATION ACTIVITIES) 不同类型执法的数字化(以移民活动为例)
Pub Date : 1900-01-01 DOI: 10.37279/2413-1733-2021-7-2-163-168
K. Trifonova
The article examines the features of the digitalization processes of certain aspects of migration activity as a type of law enforcement activity. The relevance of the research topic is justified by the fact that the digitalization of migration activity as a type of law enforcement activity contributes to the effectiveness of the ongoing migration policy, ensures its effectiveness, objectivity, allows to reduce the costs of maintaining law and order, and minimizes the influence of the human factor in this area.The need is emphasized in the context of global digitalization to provide migrants with access to various services necessary for their stay in the country and work, especially in a difficult epidemiological situation.The current normative acts in terms of informatization of migration processes in general are analyzed. In conclusion, the author points out that the proposed measures for the digitalization of the migration system will make the Russian labor market more attractive for migrants, which will solve the existing problems with the labor force in Russia.
本文考察了移民活动作为一种执法活动的某些方面的数字化过程的特征。将移民活动数字化作为一种执法活动,有助于现行移民政策的有效性,确保其有效性和客观性,降低维持法律和秩序的成本,并最大限度地减少人为因素在这一领域的影响,这一事实证明了本研究课题的相关性。在全球数字化背景下,强调有必要为移民提供其在该国逗留和工作所需的各种服务,特别是在流行病学困难的情况下。从总体上分析了移民过程信息化方面的现行规范行为。最后,作者指出,提出的移民系统数字化措施将使俄罗斯劳动力市场对移民更具吸引力,这将解决俄罗斯现有的劳动力问题。
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引用次数: 0
期刊
Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science
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