Pub Date : 2023-09-01DOI: 10.22394/2074-7306-2023-1-3-117-121
Батманов Станислав Александрович
Elimination of the legal uncertainty of the criminal procedure legislation is one of the most important ways to improve the quality and effectiveness of activities to combat crime. The author substantiates the need to endow the Prosecutor General of the Russian Federation and the Federal Chamber of Lawyers with the right of legislative initiative. This form of participation of the Prosecutor's office and the bar in the law-making process will ensure prompt response to defects in the legal regulation of criminal procedural activities.
{"title":"The right of legislative initiative in criminal proceedings as a guarantee of elimination of legal uncertainty","authors":"Батманов Станислав Александрович","doi":"10.22394/2074-7306-2023-1-3-117-121","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-117-121","url":null,"abstract":"Elimination of the legal uncertainty of the criminal procedure legislation is one of the most important ways to improve the quality and effectiveness of activities to combat crime. The author substantiates the need to endow the Prosecutor General of the Russian Federation and the Federal Chamber of Lawyers with the right of legislative initiative. This form of participation of the Prosecutor's office and the bar in the law-making process will ensure prompt response to defects in the legal regulation of criminal procedural activities.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640562","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 : 2023-09-01DOI: 10.22394/2074-7306-2023-1-3-40-49
Семенова Оксана Николаевна, Петров Антон Михайлович
Constitutionalism has become the foundation of a globalizing world. Human rights have been recognized as a democratic value of any State. However, due to a number of reasons, the issue of the appointment and execution of the death penalty has not found an unambiguous solution in the legislation of various countries. In the Russian Federation, when the country officially withdrew from the Council of Europe, whose membership was accompanied by a demand for the non-application of this criminal punishment, disputes about the resumption of the imposition of death sentences for a number of crimes resumed. The authors of the article, based on the analysis of the provisions of international legislation, Russia's voluntarily assumed international obligations in the field of human rights, constitutional norms, legal positions and decisions of the Constitutional Court of the Russian Federation, scientific papers on the studied issues, formulate their own vision regarding the legal possibilities of resuming the use of the death penalty in the country through the prism of the values of transnational constitutionalism, international obligations of the state.
{"title":"The death penalty in the mirror of the transnational constitutionalism","authors":"Семенова Оксана Николаевна, Петров Антон Михайлович","doi":"10.22394/2074-7306-2023-1-3-40-49","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-40-49","url":null,"abstract":"Constitutionalism has become the foundation of a globalizing world. Human rights have been recognized as a democratic value of any State. However, due to a number of reasons, the issue of the appointment and execution of the death penalty has not found an unambiguous solution in the legislation of various countries. In the Russian Federation, when the country officially withdrew from the Council of Europe, whose membership was accompanied by a demand for the non-application of this criminal punishment, disputes about the resumption of the imposition of death sentences for a number of crimes resumed. The authors of the article, based on the analysis of the provisions of international legislation, Russia's voluntarily assumed international obligations in the field of human rights, constitutional norms, legal positions and decisions of the Constitutional Court of the Russian Federation, scientific papers on the studied issues, formulate their own vision regarding the legal possibilities of resuming the use of the death penalty in the country through the prism of the values of transnational constitutionalism, international obligations of the state.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640576","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 : 2023-09-01DOI: 10.22394/2074-7306-2023-1-3-156-164
Лазарева Наталья Юрьевна
In the context of an uncontrolled process of changing criminal legislation, introducing countless amendments, including those that sometimes contradict each other, violating the unity and systemic nature of the norms of the General and Special Parts of the Criminal Code of the Russian Federation, the issue of achieving balance, stability of the current Criminal Code of the Russian Federation is particularly acute, bringing it into a coherent and structured state. Harmonization of legislation is exactly the process that, in our opinion, contributes to the achievement of this goal. The article examines the concepts of "harmony", "harmonization", including their legislative interpretations, and also gives a general idea of the "golden ratio" and the use of the patterns arising from it for the purposes of harmonizing criminal legislation. The idea of the possibility of using the law of the "golden proportion" and the "divine" irrational number 1.618 is substantiated, for example, in determining the category of crimes (Article 15 of the Criminal Code of the Russian Federation), as well as in constructing sanctions for simple, qualified and especially qualified offenses. The proposals formulated in the article can be used in legislative activities and in conducting scientific and legal research.
{"title":"Golden ratio as a key to the harmonization of criminal legislation?","authors":"Лазарева Наталья Юрьевна","doi":"10.22394/2074-7306-2023-1-3-156-164","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-156-164","url":null,"abstract":"In the context of an uncontrolled process of changing criminal legislation, introducing countless amendments, including those that sometimes contradict each other, violating the unity and systemic nature of the norms of the General and Special Parts of the Criminal Code of the Russian Federation, the issue of achieving balance, stability of the current Criminal Code of the Russian Federation is particularly acute, bringing it into a coherent and structured state. Harmonization of legislation is exactly the process that, in our opinion, contributes to the achievement of this goal. The article examines the concepts of \"harmony\", \"harmonization\", including their legislative interpretations, and also gives a general idea of the \"golden ratio\" and the use of the patterns arising from it for the purposes of harmonizing criminal legislation. The idea of the possibility of using the law of the \"golden proportion\" and the \"divine\" irrational number 1.618 is substantiated, for example, in determining the category of crimes (Article 15 of the Criminal Code of the Russian Federation), as well as in constructing sanctions for simple, qualified and especially qualified offenses. The proposals formulated in the article can be used in legislative activities and in conducting scientific and legal research.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640746","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 : 2023-09-01DOI: 10.22394/2074-7306-2023-1-3-17-22
Исипова Лалита Рукановна
The article raises the problem associated with the legal illiteracy of the younger generation, as well as ways to solve this problem. At the present stage of development of social relations, legal literacy is a necessary quality for every person, since it is the knowledge of one's rights and obligations that makes it possible to protect one's rights and respect for others, which makes this problem relevant. Summing up, the ways of solving this problem are proposed.
{"title":"legal illiteracy of the growing generation and ways to solve this problem","authors":"Исипова Лалита Рукановна","doi":"10.22394/2074-7306-2023-1-3-17-22","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-17-22","url":null,"abstract":"The article raises the problem associated with the legal illiteracy of the younger generation, as well as ways to solve this problem. At the present stage of development of social relations, legal literacy is a necessary quality for every person, since it is the knowledge of one's rights and obligations that makes it possible to protect one's rights and respect for others, which makes this problem relevant. Summing up, the ways of solving this problem are proposed.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640566","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 : 2023-09-01DOI: 10.22394/2074-7306-2023-1-3-58-63
Шапошников Виталий Леонидович, Ткаченко Владимир Васильевич, Дудаев Анатолий Борисович
The article examines the importance of preventive work carried out by the internal affairs bodies with minors who commit offenses at transport infrastructure facilities. The article draws attention to the peculiarities and causes of juvenile delinquency. The authors propose methods for the prevention of juvenile delinquency at transport facilities and measures for the prevention of antisocial, dangerous, criminal behavior of minors. In the article, the authors draw conclusions aimed primarily at the direct prevention of neglect and delinquency of minors in an extremely dangerous social situation.
{"title":"Prevention of offenses committed by minors at transport facilities","authors":"Шапошников Виталий Леонидович, Ткаченко Владимир Васильевич, Дудаев Анатолий Борисович","doi":"10.22394/2074-7306-2023-1-3-58-63","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-58-63","url":null,"abstract":"The article examines the importance of preventive work carried out by the internal affairs bodies with minors who commit offenses at transport infrastructure facilities. The article draws attention to the peculiarities and causes of juvenile delinquency. The authors propose methods for the prevention of juvenile delinquency at transport facilities and measures for the prevention of antisocial, dangerous, criminal behavior of minors. In the article, the authors draw conclusions aimed primarily at the direct prevention of neglect and delinquency of minors in an extremely dangerous social situation.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640569","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 : 2023-09-01DOI: 10.22394/2074-7306-2023-1-3-150-155
Бикмашев Виталий Абдулхаевич, Савенко Ирина Алексеевна
The scientific article examines the state of speech culture in the realities of today among young lawyers and ordinary people, legal and legal approaches to the use of professional terminology by lawyers when communicating with each other, and also shows the most typical mistakes that are made in spoken and written speech. The problems raised in the article are aimed at further strength-ening the culture of using the state and legal language.
{"title":"Speech culture in the criminal law sphere: accentological, legal and legal aspects","authors":"Бикмашев Виталий Абдулхаевич, Савенко Ирина Алексеевна","doi":"10.22394/2074-7306-2023-1-3-150-155","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-150-155","url":null,"abstract":"The scientific article examines the state of speech culture in the realities of today among young lawyers and ordinary people, legal and legal approaches to the use of professional terminology by lawyers when communicating with each other, and also shows the most typical mistakes that are made in spoken and written speech. The problems raised in the article are aimed at further strength-ening the culture of using the state and legal language.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640573","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 : 2023-09-01DOI: 10.22394/2074-7306-2023-1-3-50-57
Завгородняя Лариса Васильевна
The article is devoted to the issues of training personnel for the civil service through holding a competition and concluding an agreement with the winner of the competition on targeted training with the obligation to subsequently undergo public civil service. The article highlights the characteristics of personnel training for the civil service, identifies its stages, and examines legal regulation. The author has made proposals to improve the regulatory frame-work for training personnel for the civil service.
{"title":"Features of legal regulation training for the civil service","authors":"Завгородняя Лариса Васильевна","doi":"10.22394/2074-7306-2023-1-3-50-57","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-50-57","url":null,"abstract":"The article is devoted to the issues of training personnel for the civil service through holding a competition and concluding an agreement with the winner of the competition on targeted training with the obligation to subsequently undergo public civil service. The article highlights the characteristics of personnel training for the civil service, identifies its stages, and examines legal regulation. The author has made proposals to improve the regulatory frame-work for training personnel for the civil service.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640575","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 : 2023-09-01DOI: 10.22394/2074-7306-2023-1-3-80-85
Зубарева Ольга Григорьевна
On July 24, 2023, Federal Law No. 386 "On Amendments to Certain Legislative Acts of the Russian Federation" (hereinafter Federal Law No. 386) was adopted, which prohibited sex change in the Russian Federation. Permissible, according to the law, will be medical interventions related to the treatment of congenital anomalies, genetic and endocrine diseases associated with a violation of the formation of genital organs in children. The expected law is intended to continue the political course of Russia taken in Presidential Decree No. 474 of 21.07.2020 "On the national Development Goals of the Russian Federation for the period up to 2030", on the need to ensure sustainable population growth of the Russian Federation. The article analyzes the uniqueness of the sexual identity of each person and the legal consequences of the correction of gender identity for the legal status of the individual, the reflection of the consequences of sexual correction in the system of Russian legislation.
{"title":"Legal aspects of gender correction in the system of Russian legislation","authors":"Зубарева Ольга Григорьевна","doi":"10.22394/2074-7306-2023-1-3-80-85","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-80-85","url":null,"abstract":"On July 24, 2023, Federal Law No. 386 \"On Amendments to Certain Legislative Acts of the Russian Federation\" (hereinafter Federal Law No. 386) was adopted, which prohibited sex change in the Russian Federation. Permissible, according to the law, will be medical interventions related to the treatment of congenital anomalies, genetic and endocrine diseases associated with a violation of the formation of genital organs in children. The expected law is intended to continue the political course of Russia taken in Presidential Decree No. 474 of 21.07.2020 \"On the national Development Goals of the Russian Federation for the period up to 2030\", on the need to ensure sustainable population growth of the Russian Federation. The article analyzes the uniqueness of the sexual identity of each person and the legal consequences of the correction of gender identity for the legal status of the individual, the reflection of the consequences of sexual correction in the system of Russian legislation.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640568","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 : 2023-09-01DOI: 10.22394/2074-7306-2023-1-3-142-149
Ильницкий Александр Сергеевич
The article outlines the socio-political, theoretical and methodological foundations of the criminological knowledge of criminal propaganda in cyberspace. The destructive impact of crimino-genic information on the Internet on the preservation and strengthening of Russian cultural values has been established. The author's concept of criminal propaganda in the information and telecommunications space is proposed and its meaningful features are determined. The theoretical significance of the knowledge of the criminological patterns of criminal propaganda in cyberspace is substantiated and directions for its further study are formulated.
{"title":"Criminal propaganda in cyberspace: socio-political, theoretical and methodological foundations of criminological cognition","authors":"Ильницкий Александр Сергеевич","doi":"10.22394/2074-7306-2023-1-3-142-149","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-142-149","url":null,"abstract":"The article outlines the socio-political, theoretical and methodological foundations of the criminological knowledge of criminal propaganda in cyberspace. The destructive impact of crimino-genic information on the Internet on the preservation and strengthening of Russian cultural values has been established. The author's concept of criminal propaganda in the information and telecommunications space is proposed and its meaningful features are determined. The theoretical significance of the knowledge of the criminological patterns of criminal propaganda in cyberspace is substantiated and directions for its further study are formulated.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640567","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 : 2023-09-01DOI: 10.22394/2074-7306-2023-1-3-72-79
Ивнева Елена Владимировна, Кавшбая Лия Леонидовна
The article explores the concept of «digital literature», the peculiarities of the legal regulation of the disposal of exclusive rights to digital literature. The signs of digital literary works (digital content) are analyzed.
{"title":"To the question of the specifics of the legal regulation of the disposal of the exclusive right to digital literature","authors":"Ивнева Елена Владимировна, Кавшбая Лия Леонидовна","doi":"10.22394/2074-7306-2023-1-3-72-79","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-3-72-79","url":null,"abstract":"The article explores the concept of «digital literature», the peculiarities of the legal regulation of the disposal of exclusive rights to digital literature. The signs of digital literary works (digital content) are analyzed.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135640571","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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