Pub Date : 2023-03-01DOI: 10.22394/2074-7306-2023-1-1-94-101
Кружевникова Анна Андреевна
The article deals with the theoretical and practical aspects of the institution of pre-contractual liability in civil law. In particular, the variety of interpretations of the concept of "good faith" and the problems associated with the lack of a common denominator regarding the allocation of its special properties are investigated; signs of dishonest behavior are indicated, such as the provision of incomplete or inaccurate information to a party and the sudden termination of negotiations by one of the parties, provided that the other party could not have expected this to happen. The problems of creating a comfortable "contractual environment" were also investigated and judicial practice on the stated issues was studied.
{"title":"CRITERIA OF GOOD FAITH WHEN RESOLVING THE ISSUE OF PRE-CONTRACTUAL LIABILITY IN CIVIL LAW","authors":"Кружевникова Анна Андреевна","doi":"10.22394/2074-7306-2023-1-1-94-101","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-1-94-101","url":null,"abstract":"The article deals with the theoretical and practical aspects of the institution of pre-contractual liability in civil law. In particular, the variety of interpretations of the concept of \"good faith\" and the problems associated with the lack of a common denominator regarding the allocation of its special properties are investigated; signs of dishonest behavior are indicated, such as the provision of incomplete or inaccurate information to a party and the sudden termination of negotiations by one of the parties, provided that the other party could not have expected this to happen. The problems of creating a comfortable \"contractual environment\" were also investigated and judicial practice on the stated issues was studied.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43377778","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 : 2023-03-01DOI: 10.22394/2074-7306-2023-1-1-34-40
Шатковская Татьяна Владимировна
The article is aimed at updating the political and legal discourse on ways to improve the state system in Russia. The author proposes to comprehend the works of N. N. Alekseev scientifically and critically, who proposed the theory of a righteous (guarantee) state. The article proves that this model corresponds to the mental characteristics of Russians and at the same time is based on the universal values of freedom, equality, truth, peace, harmony, unity, justice, which are the essence of law. The author concludes that the key ideas and scientific approaches of N. N. Alekseev not only remain relevant but can also be an example of a theoretical justification for the development strategy of the Russian state.
{"title":"N. N. ALEKSEEV'S SCIENTIFIC APPROACH TO CHOOSING THE PATH OF CULTURAL AND CIVILIZATIONAL DEVELOPMENT OF RUSSIA","authors":"Шатковская Татьяна Владимировна","doi":"10.22394/2074-7306-2023-1-1-34-40","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-1-34-40","url":null,"abstract":"The article is aimed at updating the political and legal discourse on ways to improve the state system in Russia. The author proposes to comprehend the works of N. N. Alekseev scientifically and critically, who proposed the theory of a righteous (guarantee) state. The article proves that this model corresponds to the mental characteristics of Russians and at the same time is based on the universal values of freedom, equality, truth, peace, harmony, unity, justice, which are the essence of law. The author concludes that the key ideas and scientific approaches of N. N. Alekseev not only remain relevant but can also be an example of a theoretical justification for the development strategy of the Russian state.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47625368","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 : 2023-03-01DOI: 10.22394/2074-7306-2023-1-1-48-55
The article is dedicated to analyze the worldview as a phenomenon of the spiritual life of society and individuals, as a way of spiritual and practical development and transformation of the natural and social world. It states that worldview cannot be reduced to any distinct form of social consciousness or to a combination of those forms, that it is not an average element in the structure of social or individual consciousness, but an integrating beginning of it.
{"title":"ON THE QUESTION OF WORLDVIEW AS A SPIRITUAL AND PRACTICAL WAY OF MASTERING THE WORLD","authors":"","doi":"10.22394/2074-7306-2023-1-1-48-55","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-1-48-55","url":null,"abstract":"The article is dedicated to analyze the worldview as a phenomenon of the spiritual life of society and individuals, as a way of spiritual and practical development and transformation of the natural and social world. It states that worldview cannot be reduced to any distinct form of social consciousness or to a combination of those forms, that it is not an average element in the structure of social or individual consciousness, but an integrating beginning of it.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46756294","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 : 2023-03-01DOI: 10.22394/2074-7306-2023-1-1-40-47
Cоломко Зарианна Владимировна
The relevance of the theme is seen in the fact that in the post-Soviet period there was a blurring of the criteria for scientific reconstruction and assessment of the problems of revolution and counter-revolution in Russia. The purpose of the work is to provoke a critical reflection on the methodological and ideological turn that has taken place. According to the author, the reverse side of the restoration of the conservative and right-wing liberal historical-legal and theoretical-legal discourse was the unrea-sonable rejection of the principles of dialectical thinking in the works of post-Soviet authors and, as a result, the reideologization of the historical-legal sphere of academic knowledge. The idea is substantiated that the modern scientific optics of understanding the problems of revolution and counter-revolution in Russia should include not only a specific understanding of the essence of the prerevolutionary system (dependent peripheral capitalism), but also an assessment of the confrontation between the revolutionary movement and the tsarist regime from the point of view of a concretely understood social ideal. The first steps of this ideal in historical practice are reflected in the images of high culture.
{"title":"ON THE QUESTION OF THE CRITERIA FOR COVERING THE PROBLEMS OF REVOLUTION AND COUNTER-REVOLUTION IN RUSSIA","authors":"Cоломко Зарианна Владимировна","doi":"10.22394/2074-7306-2023-1-1-40-47","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-1-40-47","url":null,"abstract":"The relevance of the theme is seen in the fact that in the post-Soviet period there was a blurring of the criteria for scientific reconstruction and assessment of the problems of revolution and counter-revolution in Russia. The purpose of the work is to provoke a critical reflection on the methodological and ideological turn that has taken place. According to the author, the reverse side of the restoration of the conservative and right-wing liberal historical-legal and theoretical-legal discourse was the unrea-sonable rejection of the principles of dialectical thinking in the works of post-Soviet authors and, as a result, the reideologization of the historical-legal sphere of academic knowledge. The idea is substantiated that the modern scientific optics of understanding the problems of revolution and counter-revolution in Russia should include not only a specific understanding of the essence of the prerevolutionary system (dependent peripheral capitalism), but also an assessment of the confrontation between the revolutionary movement and the tsarist regime from the point of view of a concretely understood social ideal. The first steps of this ideal in historical practice are reflected in the images of high culture.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45577137","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 : 2023-03-01DOI: 10.22394/2074-7306-2023-1-1-62-67
Дудаев Анатолий Борисович, Ткаченко Владимир Васильевич, Безуглый Эдуард Александрович
The article discusses the issues of the formation and legal regulation of the passport system in the period after the revolution of 1917 to the present. The analysis of the normative legal acts of the Soviet period and the measures taken by the authorities in order to ensure the registration of the population and the organization of control of migration processes is carried out. Special attention is paid to the period of the establishment of a unified passport system throughout the USSR in December 1932, the role of residence registration and the peculiarities of the certification of the population in certain localities and rural settlements are noted. The adoption of the Resolution of the Council of Ministers of the USSR on August 28, 1974 "On approval of the Regulations on the passport system in the USSR" is considered as the most important stage in the development of the Soviet passport system. The article also draws attention to the development of the passport system in the post-Soviet period, marked by the adoption of the Law "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation", the abolition of permissive registration and the introduction of notification registration. In the article, the authors draw conclusions about the influence of the Soviet passport system on the choice of place of residence and freedom of movement on the territory of the country.
{"title":"LEGAL REGULATION OF THE PASSPORT SYSTEM IN THE SOVIET AND POST-SOVIET PERIODS","authors":"Дудаев Анатолий Борисович, Ткаченко Владимир Васильевич, Безуглый Эдуард Александрович","doi":"10.22394/2074-7306-2023-1-1-62-67","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-1-62-67","url":null,"abstract":"The article discusses the issues of the formation and legal regulation of the passport system in the period after the revolution of 1917 to the present. The analysis of the normative legal acts of the Soviet period and the measures taken by the authorities in order to ensure the registration of the population and the organization of control of migration processes is carried out. Special attention is paid to the period of the establishment of a unified passport system throughout the USSR in December 1932, the role of residence registration and the peculiarities of the certification of the population in certain localities and rural settlements are noted. The adoption of the Resolution of the Council of Ministers of the USSR on August 28, 1974 \"On approval of the Regulations on the passport system in the USSR\" is considered as the most important stage in the development of the Soviet passport system. The article also draws attention to the development of the passport system in the post-Soviet period, marked by the adoption of the Law \"On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation\", the abolition of permissive registration and the introduction of notification registration. In the article, the authors draw conclusions about the influence of the Soviet passport system on the choice of place of residence and freedom of movement on the territory of the country.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41871577","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 : 2023-03-01DOI: 10.22394/2074-7306-2023-1-1-161-164
Фаргиев Ибрагим Аюбович
The ideas of Professor P. P. Serkov on the problem of legal relations are considered through the prism of the theory and practice of today's legal policy. This issue was analyzed by him comprehensively, taking into account the information accumulated by representatives of various sciences. The book under review includes an interweaving of historical, psychological, sociological, anthropological, legal ideas, statistical data and attitudes to legal relations in the scientific literature, as well as an analysis of legislation. The author's approach to the study to the study of the mechanism of legal relations and political and legal processes in a broad context using the achievements of social and natural sciences is evaluated. Fundamental research can be the beginning of a new stage of reflection on legal policy, it can become an incentive for further research in the field of legal relations theory.
P. P. Serkov教授关于法律关系问题的观点是通过当今法律政策的理论和实践的棱镜来考虑的。他综合了各学科代表积累的信息，对这个问题进行了全面的分析。正在审查的这本书包括历史、心理学、社会学、人类学、法律思想、统计数据和科学文献中对法律关系的态度的交织，以及对立法的分析。作者利用社会科学和自然科学的成果，在广泛的背景下研究法律关系和政治和法律程序的机制，对作者的研究方法进行了评估。基础研究可以成为法律政策反思新阶段的开始，它可以成为法律关系理论领域进一步研究的动力。
{"title":"BOOK REVIEW: SERKOV P. P. LEGAL RELATIONSHIP (THEORY AND PRACTICE OF MODERN LEGAL POLICY): MONOGRAPH: IN TWO PARTS. M.: NORMA, 2023. PART I – 872 P., PART II – 672 P.","authors":"Фаргиев Ибрагим Аюбович","doi":"10.22394/2074-7306-2023-1-1-161-164","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-1-161-164","url":null,"abstract":"The ideas of Professor P. P. Serkov on the problem of legal relations are considered through the prism of the theory and practice of today's legal policy. This issue was analyzed by him comprehensively, taking into account the information accumulated by representatives of various sciences. The book under review includes an interweaving of historical, psychological, sociological, anthropological, legal ideas, statistical data and attitudes to legal relations in the scientific literature, as well as an analysis of legislation. The author's approach to the study to the study of the mechanism of legal relations and political and legal processes in a broad context using the achievements of social and natural sciences is evaluated. Fundamental research can be the beginning of a new stage of reflection on legal policy, it can become an incentive for further research in the field of legal relations theory.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42682745","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 : 2023-03-01DOI: 10.22394/2074-7306-2023-1-1-148-153
Петрова Мария Юрьевна
The article analyzes the concepts of «jurisdiction», «cognizance» and «competence» on the basis of their relationship with each other, in connection with the amendments made to the regulatory legal acts. In points to different procedural consolidation and different understanding of these concepts in the texts of the law, which, according to the author, is unacceptable, and therefore, it is proposed to introduce appropriate changes to the current legislation.
{"title":"TO THE QUESTION OF THE RELATIONSHIP BETWEEN THE CONCEPTS OF «JURISDICTION», «COGNIZANCE» AND «COMPETENCE»","authors":"Петрова Мария Юрьевна","doi":"10.22394/2074-7306-2023-1-1-148-153","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-1-148-153","url":null,"abstract":"The article analyzes the concepts of «jurisdiction», «cognizance» and «competence» on the basis of their relationship with each other, in connection with the amendments made to the regulatory legal acts. In points to different procedural consolidation and different understanding of these concepts in the texts of the law, which, according to the author, is unacceptable, and therefore, it is proposed to introduce appropriate changes to the current legislation.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48648507","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 : 2023-03-01DOI: 10.22394/2074-7306-2023-1-1-14-25
Шапсугов Дамир Юсуфович
The article analyzes the formation of criticism and scientific criticism in jurisprudence, taking into account the experience of developing critical thought in Russia, highlighting the theoretical constructions of A. V. Nikitenko, V. G. Belinsky, I. Kant. The development of the ideas of criticism in Russian jurisprudence of the 19th-20th centuries is briefly characterized, the problem of the formation of the theory of scientific criticism in the Soviet period of Russian history is posed.
{"title":"THE THEORY OF CRITICISM IN RUSSIAN JURISPRUDENCE: PROBLEMS OF FORMATION","authors":"Шапсугов Дамир Юсуфович","doi":"10.22394/2074-7306-2023-1-1-14-25","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-1-14-25","url":null,"abstract":"The article analyzes the formation of criticism and scientific criticism in jurisprudence, taking into account the experience of developing critical thought in Russia, highlighting the theoretical constructions of A. V. Nikitenko, V. G. Belinsky, I. Kant. The development of the ideas of criticism in Russian jurisprudence of the 19th-20th centuries is briefly characterized, the problem of the formation of the theory of scientific criticism in the Soviet period of Russian history is posed.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44593196","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 : 2023-03-01DOI: 10.22394/2074-7306-2023-1-1-26-33
Сырых Владимир Михайлович
The presented material sets out a set of theoretical and methodological requirements that publications on the problems of the history of the Soviet state and law should meet. The author names the types of methodological errors made by the authors of publications and gives recommendations for their elimination. It is concluded that the task of revealing the history of the Soviet state and law can be solved only at the level of theoretical research.
{"title":"ON THE HISTORY OF THE SOVIET STATE – RELIABLY, REASONABLY AND THEORETICALLY","authors":"Сырых Владимир Михайлович","doi":"10.22394/2074-7306-2023-1-1-26-33","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-1-26-33","url":null,"abstract":"The presented material sets out a set of theoretical and methodological requirements that publications on the problems of the history of the Soviet state and law should meet. The author names the types of methodological errors made by the authors of publications and gives recommendations for their elimination. It is concluded that the task of revealing the history of the Soviet state and law can be solved only at the level of theoretical research.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44027527","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 : 2023-03-01DOI: 10.22394/2074-7306-2023-1-1-141-147
Шапсугова Мариетта Дамировна
With the publication of Decree of the President of the Russian Federation of September 21, 2022 N 647 «On the announcement of partial mobilization in the Russian Federation», a range of practical issues arose related to the determination of jurisdiction and arbitrability of disputes involving mobilized persons. These problems arise from legal uncertainty regarding certain aspects of the legal status of a mobilized person. Thus, in order to determine jurisdiction and jurisdiction, it is necessary to clarify not only the subject and nature of the dispute, but also the moment when the status of a military man arises for a mobilized person. The range of issues that are covered by the intersectoral status of a mobilized person as a citizen, a military man, predetermines the jurisdiction and jurisdiction of disputes with his participa-tion both to arbitration courts and courts of general jurisdiction, including military courts in the framework of arbitration, civil, administrative, criminal proceedings. A separate analysis is required by the provisions of the federal law of December 29, 2022 N 603-FZ «On Amendments to Certain Legislative Acts of the Russian Federation» on the suspension of proceedings in a case involving a mobilized person.
{"title":"PROBLEMS OF CONFORMITY AND JUDICIALS OF CIVIL AND ADMINISTRATIVE CASES WITH PARTICIPATION OF MOBILIZED PERSONS","authors":"Шапсугова Мариетта Дамировна","doi":"10.22394/2074-7306-2023-1-1-141-147","DOIUrl":"https://doi.org/10.22394/2074-7306-2023-1-1-141-147","url":null,"abstract":"With the publication of Decree of the President of the Russian Federation of September 21, 2022 N 647 «On the announcement of partial mobilization in the Russian Federation», a range of practical issues arose related to the determination of jurisdiction and arbitrability of disputes involving mobilized persons. These problems arise from legal uncertainty regarding certain aspects of the legal status of a mobilized person. Thus, in order to determine jurisdiction and jurisdiction, it is necessary to clarify not only the subject and nature of the dispute, but also the moment when the status of a military man arises for a mobilized person. The range of issues that are covered by the intersectoral status of a mobilized person as a citizen, a military man, predetermines the jurisdiction and jurisdiction of disputes with his participa-tion both to arbitration courts and courts of general jurisdiction, including military courts in the framework of arbitration, civil, administrative, criminal proceedings. A separate analysis is required by the provisions of the federal law of December 29, 2022 N 603-FZ «On Amendments to Certain Legislative Acts of the Russian Federation» on the suspension of proceedings in a case involving a mobilized person.","PeriodicalId":33262,"journal":{"name":"SeveroKavkazskii iuridicheskii vestnik","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47799864","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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