Pub Date : 2022-09-05DOI: 10.19073/2658-7602-2022-19-3-281-293
V. B. Bashurov
The subject of the research is the norms of the budget legislation of the Russian Federation aimed at regulating relations related to the provision of inter-budget subsidies. The purpose of the study is to consider the concept of “subsidy”, to determine the main features inherent in this legal category, to analyze inter-budgetary subsidies on their basis, to identify problems in the legal implementation of these inter-budgetary transfers, to develop proposals for their legislative resolution, to present the Author's definition of the concept of “inter-budgetary subsidies”. The methodological basis of the study is a set of scientific methods: formal-legal, structural-functional, comparison, search and analysis of scientific and regulatory material. The scientific basis of the study was the work of scientists in the field of financial and budgetary law. With regard to inter-budgetary subsidies, the content of this concept, the definition of the signs of the cash payment in question, which distinguish it from other inter-budgetary transfers, is of particular importance. In addition, in the study of inter-budgetary subsidies, the issues of their compensatory and gratuitous nature, the voluntariness and coercion of the provision of interbudgetary subsidies, including the possibility of the existence of subsidies as transformed fiscal and tax payments, are of particular scientific and practical importance. On the basis of the features inherent in subsidies, the article presents arguments about the gratuitousness of inter-budgetary subsidies, formulates proposals for the abolition of subsidies provided to the budget of a constituent entity of the Russian Federation from the local budget as inconsistent with the requirements of subsidizing and acting as a tool for forced withdrawal of budgetary funds. Also, despite the existence of the practice of normative legal regulation of relations on the provision of intergovernmental subsidies on the terms of 100 percent co-financing, the article substantiates the conclusion that such an approach is inadmissible. Based on a comparative analysis of inter-budgetary subsidies and other inter-budgetary transfers, the study makes an introduction to the need to amend the legislation to eliminate the identity of the purposes of providing these transfers and the regulatory case of 100 percent co-financing of other inter-budgetary transfers. Based on the results of the study, the article presents the Author's definition of inter-budgetary subsidies.
{"title":"Legal Regulation of the Provision of Inter-Budgetary Subsidies","authors":"V. B. Bashurov","doi":"10.19073/2658-7602-2022-19-3-281-293","DOIUrl":"https://doi.org/10.19073/2658-7602-2022-19-3-281-293","url":null,"abstract":"The subject of the research is the norms of the budget legislation of the Russian Federation aimed at regulating relations related to the provision of inter-budget subsidies. The purpose of the study is to consider the concept of “subsidy”, to determine the main features inherent in this legal category, to analyze inter-budgetary subsidies on their basis, to identify problems in the legal implementation of these inter-budgetary transfers, to develop proposals for their legislative resolution, to present the Author's definition of the concept of “inter-budgetary subsidies”. The methodological basis of the study is a set of scientific methods: formal-legal, structural-functional, comparison, search and analysis of scientific and regulatory material. The scientific basis of the study was the work of scientists in the field of financial and budgetary law. With regard to inter-budgetary subsidies, the content of this concept, the definition of the signs of the cash payment in question, which distinguish it from other inter-budgetary transfers, is of particular importance. In addition, in the study of inter-budgetary subsidies, the issues of their compensatory and gratuitous nature, the voluntariness and coercion of the provision of interbudgetary subsidies, including the possibility of the existence of subsidies as transformed fiscal and tax payments, are of particular scientific and practical importance. On the basis of the features inherent in subsidies, the article presents arguments about the gratuitousness of inter-budgetary subsidies, formulates proposals for the abolition of subsidies provided to the budget of a constituent entity of the Russian Federation from the local budget as inconsistent with the requirements of subsidizing and acting as a tool for forced withdrawal of budgetary funds. Also, despite the existence of the practice of normative legal regulation of relations on the provision of intergovernmental subsidies on the terms of 100 percent co-financing, the article substantiates the conclusion that such an approach is inadmissible. Based on a comparative analysis of inter-budgetary subsidies and other inter-budgetary transfers, the study makes an introduction to the need to amend the legislation to eliminate the identity of the purposes of providing these transfers and the regulatory case of 100 percent co-financing of other inter-budgetary transfers. Based on the results of the study, the article presents the Author's definition of inter-budgetary subsidies.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45462168","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 : 2022-08-22DOI: 10.19073/2658-7602-2022-19-3-267-280
K. Sasykin
In the pharmaceutical industry, the development of a new invention – a drug, the acquisition of a patent and the introduction into civil circulation by the developers spend significant resources in material and time. In this regard, drugs are attractive for falsification, and attempts are also being made to reproduce the imitation of original drugs, which requires special attention to the protection of the rights of patent holders. Obtaining a patent for an invention provides an exclusive right to its owner, being a kind of state gratitude for ensuring innovative progress, and, on the other hand, carries significant threats due to the possible dishonesty of patent owners, which, according to the Author, taking into account the latest challenges of the time, requires no less attention in terms of providing protective mechanisms against abuse. Since the availability of medicines is one of the main tasks of national health care, the Author raised the actual problem of applying one of these mechanisms in domestic law, namely the mechanism for issuing compulsory licenses for medicines as inventions (compulsory licensing). The article contains a brief historical outline of the foreign application of such institutions, analyzes domestic regulation and law enforcement practice, on the basis of which theses are put forward on the need for additional legal regulation.
{"title":"Compulsory Licensing in the Pharmaceutical Market: History and Practice","authors":"K. Sasykin","doi":"10.19073/2658-7602-2022-19-3-267-280","DOIUrl":"https://doi.org/10.19073/2658-7602-2022-19-3-267-280","url":null,"abstract":"In the pharmaceutical industry, the development of a new invention – a drug, the acquisition of a patent and the introduction into civil circulation by the developers spend significant resources in material and time. In this regard, drugs are attractive for falsification, and attempts are also being made to reproduce the imitation of original drugs, which requires special attention to the protection of the rights of patent holders. Obtaining a patent for an invention provides an exclusive right to its owner, being a kind of state gratitude for ensuring innovative progress, and, on the other hand, carries significant threats due to the possible dishonesty of patent owners, which, according to the Author, taking into account the latest challenges of the time, requires no less attention in terms of providing protective mechanisms against abuse. Since the availability of medicines is one of the main tasks of national health care, the Author raised the actual problem of applying one of these mechanisms in domestic law, namely the mechanism for issuing compulsory licenses for medicines as inventions (compulsory licensing). The article contains a brief historical outline of the foreign application of such institutions, analyzes domestic regulation and law enforcement practice, on the basis of which theses are put forward on the need for additional legal regulation.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48341320","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 : 2022-08-22DOI: 10.19073/2658-7602-2022-19-3-310-321
A. Ravnyushkin
Violent actions are a component of the objective side of many offenses. They serve as a factor influencing the qualification of offenses that have not received proper scientific and legislative assessment, which is clearly reflected in the current structures of offenses under Art. 6.1.1 of the Code of the Russian Federation on Administrative Offences “Battery” and Art. 156 of the Criminal Code of the Russian Federation “Failure to fulfill the obligations of raising a minor.” In the first case, there are a number of debatable issues related to the definition of the object of the specified administrative offense, the objective side, as well as the personality of the minor victim. In the second case, despite its legal significance (in terms of consequences), such a negative factor as ill-treatment of minors did not receive proper conceptual development in Russian legislation. The legislator and the Plenum of the Supreme Court of the Russian Federation treat it as an evaluative concept, which is true from the point of view of legal technique, but from the point of view of law enforcement, it raises the question of what signs should indicate the presence of this circumstance? The purpose of the study is to determine the structural parts of violent acts that form the objective side of the offenses under consideration. Achieving the goal is possible by solving the following tasks: to determine the properties of violent acts that indicate cruelty to minors in case of failure to fulfill the duties of raising minors (on the example of repeated administrative offenses under Art. 6.1.1 "Battery"); develop a legal assessment of such a circumstance as the commission of violent acts in family and domestic conflicts (in particular, beatings) in the presence of minors; submit proposals for improving Russian legislation on the issues under consideration. The methodological basis of the study was a dialectical approach to the scientific knowledge of social relations in which violence (beatings) and cruel treatment of minors is committed; comparative analysis, synthesis of the results obtained in the course of the study, which made it possible to substantiate the need for the development of acts of state bodies. Among the special methods used in the study are the method of studying normative legal acts and documents, the empirical method, the method of processing and analyzing data, and their generalization. As a toga of the study, some acts are proposed for discussion that may indicate ill-treatment of minors and either be an integral part of it, or serve to distinguish between administrative offenses under Art. 6.1.1 of the Code of the Russian Federation on Administrative Offences from crimes under Art. 156 of the Criminal Code of the Russian Federation. Violent actions that characterize the cruel treatment of a minor in case of failure to fulfill the duties of raising minors include those that express heartlessness, ruthlessness, cause suffering to a minor by inf
{"title":"Violent Acts as a Factor, Influencing the Qualification of Certain Offenses (Article 6.1.1 of the Code of the Russian Federation on Administrative Offences and Article 156 of the Criminal Code of the Russian Federation)","authors":"A. Ravnyushkin","doi":"10.19073/2658-7602-2022-19-3-310-321","DOIUrl":"https://doi.org/10.19073/2658-7602-2022-19-3-310-321","url":null,"abstract":"Violent actions are a component of the objective side of many offenses. They serve as a factor influencing the qualification of offenses that have not received proper scientific and legislative assessment, which is clearly reflected in the current structures of offenses under Art. 6.1.1 of the Code of the Russian Federation on Administrative Offences “Battery” and Art. 156 of the Criminal Code of the Russian Federation “Failure to fulfill the obligations of raising a minor.” In the first case, there are a number of debatable issues related to the definition of the object of the specified administrative offense, the objective side, as well as the personality of the minor victim. In the second case, despite its legal significance (in terms of consequences), such a negative factor as ill-treatment of minors did not receive proper conceptual development in Russian legislation. The legislator and the Plenum of the Supreme Court of the Russian Federation treat it as an evaluative concept, which is true from the point of view of legal technique, but from the point of view of law enforcement, it raises the question of what signs should indicate the presence of this circumstance? The purpose of the study is to determine the structural parts of violent acts that form the objective side of the offenses under consideration. Achieving the goal is possible by solving the following tasks: to determine the properties of violent acts that indicate cruelty to minors in case of failure to fulfill the duties of raising minors (on the example of repeated administrative offenses under Art. 6.1.1 \"Battery\"); develop a legal assessment of such a circumstance as the commission of violent acts in family and domestic conflicts (in particular, beatings) in the presence of minors; submit proposals for improving Russian legislation on the issues under consideration. The methodological basis of the study was a dialectical approach to the scientific knowledge of social relations in which violence (beatings) and cruel treatment of minors is committed; comparative analysis, synthesis of the results obtained in the course of the study, which made it possible to substantiate the need for the development of acts of state bodies. Among the special methods used in the study are the method of studying normative legal acts and documents, the empirical method, the method of processing and analyzing data, and their generalization. As a toga of the study, some acts are proposed for discussion that may indicate ill-treatment of minors and either be an integral part of it, or serve to distinguish between administrative offenses under Art. 6.1.1 of the Code of the Russian Federation on Administrative Offences from crimes under Art. 156 of the Criminal Code of the Russian Federation. Violent actions that characterize the cruel treatment of a minor in case of failure to fulfill the duties of raising minors include those that express heartlessness, ruthlessness, cause suffering to a minor by inf","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44599911","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 : 2022-07-28DOI: 10.19073/2658-7602-2022-19-3-294-309
D. Kraev
The article is devoted to the analysis of the stipulated part 2 of Art. 14 of the Criminal Code of the Russian Federation of insignificance of acts. Examining the relevant normative instructions, explanations of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, the scientific literature, the Author comes to the following conclusions. Not always the presence of an aggravating circumstance in an act excludes the possibility of applying to it the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation. Of course, the onset, for example, of grave consequences as a result of an offense (clause “b” part 1 of article 63 of the Criminal Code of the Russian Federation), reduces to zero the likelihood of recognizing it as insignificant, however, the commission of an action (inaction), in particular, as part of group of persons (clause “c” part 1 of article 63 of the Criminal Code of the Russian Federation) reduces, but does not completely exclude such a possibility. It does not automatically predetermine a positive solution to the issue of insignificance and the presence in the act of a mitigating circumstance, let's say, its commission on the motive of compassion (clause “h” part 1 of article 61 of the Criminal Code of the Russian Federation), but the less extenuating circumstances in the deed, characterizing the committed action (inaction), and the greater the number of such aggravating circumstances, the less likely it is that the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation (and vice versa). It is possible to recognize as insignificant a violation (for example, theft) committed against “particularly vulnerable” categories of victims, for example, pregnant women, the elderly. It is not excluded that an action (inaction) that formally contains signs of a crime of any category (mostly, of course, of minor or moderate gravity) is considered insignificant, but the more “heavier” such a category is and the more “qualified” the corpus delicti, the signs of which contain act, the less likely it is that the provisions of Part 2 of Article 14 of the Criminal Code of the Russian Federation will be applied to it. Voluntary surrender; remorse for what you have done; compensation by a person for damage or otherwise making amends for the damage caused by the encroachment; contributing to the disclosure and investigation of the incident; admission of guilt by the offender; his reconciliation with the victim are not circumstances characterizing the insignificance of the act, since in part 2 of Article 14 of the Criminal Code of the Russian Federation we are talking about the insignificance of the committed action (inaction), and not about the behavior of the perpetrator after the commission of the act.
{"title":"Insignificance of an Act (Part 2 of Article 14 of the Criminal Code of the Russian Federation): Issues of Law Enforcement","authors":"D. Kraev","doi":"10.19073/2658-7602-2022-19-3-294-309","DOIUrl":"https://doi.org/10.19073/2658-7602-2022-19-3-294-309","url":null,"abstract":"The article is devoted to the analysis of the stipulated part 2 of Art. 14 of the Criminal Code of the Russian Federation of insignificance of acts. Examining the relevant normative instructions, explanations of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, the scientific literature, the Author comes to the following conclusions. Not always the presence of an aggravating circumstance in an act excludes the possibility of applying to it the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation. Of course, the onset, for example, of grave consequences as a result of an offense (clause “b” part 1 of article 63 of the Criminal Code of the Russian Federation), reduces to zero the likelihood of recognizing it as insignificant, however, the commission of an action (inaction), in particular, as part of group of persons (clause “c” part 1 of article 63 of the Criminal Code of the Russian Federation) reduces, but does not completely exclude such a possibility. It does not automatically predetermine a positive solution to the issue of insignificance and the presence in the act of a mitigating circumstance, let's say, its commission on the motive of compassion (clause “h” part 1 of article 61 of the Criminal Code of the Russian Federation), but the less extenuating circumstances in the deed, characterizing the committed action (inaction), and the greater the number of such aggravating circumstances, the less likely it is that the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation (and vice versa). It is possible to recognize as insignificant a violation (for example, theft) committed against “particularly vulnerable” categories of victims, for example, pregnant women, the elderly. It is not excluded that an action (inaction) that formally contains signs of a crime of any category (mostly, of course, of minor or moderate gravity) is considered insignificant, but the more “heavier” such a category is and the more “qualified” the corpus delicti, the signs of which contain act, the less likely it is that the provisions of Part 2 of Article 14 of the Criminal Code of the Russian Federation will be applied to it. Voluntary surrender; remorse for what you have done; compensation by a person for damage or otherwise making amends for the damage caused by the encroachment; contributing to the disclosure and investigation of the incident; admission of guilt by the offender; his reconciliation with the victim are not circumstances characterizing the insignificance of the act, since in part 2 of Article 14 of the Criminal Code of the Russian Federation we are talking about the insignificance of the committed action (inaction), and not about the behavior of the perpetrator after the commission of the act.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42409242","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 : 2022-07-26DOI: 10.19073/2658-7602-2022-19-3-222-232
A. Afanasyev
The legal life of society as an object of legal knowledge can have various invariants (species, forms), which are complex self-developing systems with constantly changing quantitative and qualitative characteristics as they evolve (in time, space, and more). When they interact, there is a permanent change in the most integral object, which goes into more and more new phases. This type of integral object is the legal life of the rural world (rural life), covering the entire range of material and spiritual legal phenomena that arise when solving the tasks of state policy for the development of rural areas in order to improve the quality of life of the population, ensure national security and sovereignty of Russia. In this study, the subject of legal knowledge of the legal life of the village is formulated ideas, principles, legal relations (power, economic, environ-mental and other spheres of activity of the subjects), legal norms and other elements that collectively represent the foundations of the law of the rural world. The legal basis of rural life as a self-developing political and legal phenomenon is an effective tool for improving national positive law. The study of the foundations of the law of the rural world through a more detailed study of significant signs of its structural elements through the synthesis of methods, methods and processes of scientific knowledge allows you to objectively supplement the conceptual range of legal science.
{"title":"Rural World as a Type of Legal Life of Society","authors":"A. Afanasyev","doi":"10.19073/2658-7602-2022-19-3-222-232","DOIUrl":"https://doi.org/10.19073/2658-7602-2022-19-3-222-232","url":null,"abstract":"The legal life of society as an object of legal knowledge can have various invariants (species, forms), which are complex self-developing systems with constantly changing quantitative and qualitative characteristics as they evolve (in time, space, and more). When they interact, there is a permanent change in the most integral object, which goes into more and more new phases. This type of integral object is the legal life of the rural world (rural life), covering the entire range of material and spiritual legal phenomena that arise when solving the tasks of state policy for the development of rural areas in order to improve the quality of life of the population, ensure national security and sovereignty of Russia. In this study, the subject of legal knowledge of the legal life of the village is formulated ideas, principles, legal relations (power, economic, environ-mental and other spheres of activity of the subjects), legal norms and other elements that collectively represent the foundations of the law of the rural world. The legal basis of rural life as a self-developing political and legal phenomenon is an effective tool for improving national positive law. The study of the foundations of the law of the rural world through a more detailed study of significant signs of its structural elements through the synthesis of methods, methods and processes of scientific knowledge allows you to objectively supplement the conceptual range of legal science.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48302411","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 : 2022-06-22DOI: 10.19073/2658-7602-2022-19-2-134-141
D. Karkhalev
The article deals with topical issues of protecting civil rights and implementing the protective function of civil law in digital relations. The fair exercise of digital rights is a key requirement. When establishing, exercising and protecting civil rights and fulfilling civil obligations, participants in civil legal relations must act in good faith. According to this principle, you cannot take advantage of your dishonest behavior. The current Civil Code proclaims the presumption of good faith of participants in civil legal relations and the reasonableness of their actions. Unlike conscientiousness, reasonableness implies rationality, logic and expediency of his behavior. The validity is estimated and is established by the court taking into account the actual circumstances. The purpose of a digital right is that the opportunities that make it up should be used to satisfy the economic interests of the owner of such a right, and not for other purposes. Non-violent implementation of digital rights implies the absence of the goal of causing harm (losses). In case of violation of these requirements, restrictions on the exercise of digital rights, digital rights will be abused, resulting in a denial of protection of the right (full or partial). Ways to protect digital rights can be divided into two groups – general and special. The general methods provided for in Art. 12 of the Civil Code of the Russian Federation are the recognition of digital law, the restoration of the situation that existed before the violation of digital law, the suppression of actions that violate digital law or threaten to violate it, the recognition of transactions as invalid and the application of the consequences of their invalidity (restitution), self-defense of digital rights, etc. The article proposes to supplement the law with special compensation for violation of digital rights, by analogy with the sanction for violation of exclusive rights, provided for by part four of the Civil Code of the Russian Federation. The analyzed sanction should be applied in the amount of one hundred thousand to one hundred million rubles. Such a significant amount of sanctions proposed in the law is due to the special value of digital assets in the modern wor ld.
{"title":"Digital Rights in Civil Circulation","authors":"D. Karkhalev","doi":"10.19073/2658-7602-2022-19-2-134-141","DOIUrl":"https://doi.org/10.19073/2658-7602-2022-19-2-134-141","url":null,"abstract":"The article deals with topical issues of protecting civil rights and implementing the protective function of civil law in digital relations. The fair exercise of digital rights is a key requirement. When establishing, exercising and protecting civil rights and fulfilling civil obligations, participants in civil legal relations must act in good faith. According to this principle, you cannot take advantage of your dishonest behavior. The current Civil Code proclaims the presumption of good faith of participants in civil legal relations and the reasonableness of their actions. Unlike conscientiousness, reasonableness implies rationality, logic and expediency of his behavior. The validity is estimated and is established by the court taking into account the actual circumstances. The purpose of a digital right is that the opportunities that make it up should be used to satisfy the economic interests of the owner of such a right, and not for other purposes. Non-violent implementation of digital rights implies the absence of the goal of causing harm (losses). In case of violation of these requirements, restrictions on the exercise of digital rights, digital rights will be abused, resulting in a denial of protection of the right (full or partial). Ways to protect digital rights can be divided into two groups – general and special. The general methods provided for in Art. 12 of the Civil Code of the Russian Federation are the recognition of digital law, the restoration of the situation that existed before the violation of digital law, the suppression of actions that violate digital law or threaten to violate it, the recognition of transactions as invalid and the application of the consequences of their invalidity (restitution), self-defense of digital rights, etc. The article proposes to supplement the law with special compensation for violation of digital rights, by analogy with the sanction for violation of exclusive rights, provided for by part four of the Civil Code of the Russian Federation. The analyzed sanction should be applied in the amount of one hundred thousand to one hundred million rubles. Such a significant amount of sanctions proposed in the law is due to the special value of digital assets in the modern wor ld.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44667146","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 : 2022-06-20DOI: 10.19073/2658-7602-2022-19-2-165-175
A. Medvedeva
The article considers complexing as a significant trend in the genesis of the institution of special knowledge in criminal proceedings involving minors. The phenomenon under study is defined as the combination by one person of two or more procedural functions and/or special knowledge to provide a multilateral assessment of the circumstances important for the criminal case and the individual characteristics of the minor. Four historical stages of the formation of the domestic institution of special knowledge in criminal proceedings involving minors are identified and presented. It is concluded that this institution has gone the way of development from the situational involvement of a few knowledgeable persons through the use of special knowledge by law enforcement officers themselves with the optional involvement of knowledgeable persons to the established practice of producing comprehensive examinations (in which the commission is not a mandatory property) and the active involvement of various knowledgeable persons, in particular, a teacher and a psychologist. Actual situations are considered in which the minority of the participants in the criminal process, along with their individual characteristics (psychophysiological, cultural, religious, linguistic and others), entails the need to combine procedural functions and / or special knowledge. The results of an empirical study conducted by the Author of the article under the guidance of Candidate of Legal Sciences, Docent E. V. Elagina (questionnaire survey of 161 investigators and 116 prosecutors on the involvement of knowledgeable persons in pre-trial proceedings in criminal cases involving minors) are presented; it is shown that in most cases respondents note the leading role of a psychologist in the production of investigative actions with children and adolescents. It is also noted that the functions traditionally implemented by the teacher do not meet the goals of his involvement in the criminal process, and therefore it is necessary to exclude the possibility of such involvement. A general conclusion is made that, when complexing, the first place should be given to special psychological knowledge, since it is psychologists who are competent in assessing a number of phenomena significant for criminal proceedings (for example, emotional and behavioral reactions of minors). The Author proposes a method for optimal integration of procedural functions and / or special knowledge in a criminal process involving minors – the use of special knowledge by a law enforcement officer or the combination of two or more functions by one knowledgeable person. It is shown that the proposed method will reduce the number of persons in contact with a minor and reduce the psychological burden on him.
{"title":"Integration as a Trend in the Development of the Institute of Special Knowledge in Criminal Proceedings Involving Minors","authors":"A. Medvedeva","doi":"10.19073/2658-7602-2022-19-2-165-175","DOIUrl":"https://doi.org/10.19073/2658-7602-2022-19-2-165-175","url":null,"abstract":"The article considers complexing as a significant trend in the genesis of the institution of special knowledge in criminal proceedings involving minors. The phenomenon under study is defined as the combination by one person of two or more procedural functions and/or special knowledge to provide a multilateral assessment of the circumstances important for the criminal case and the individual characteristics of the minor. Four historical stages of the formation of the domestic institution of special knowledge in criminal proceedings involving minors are identified and presented. It is concluded that this institution has gone the way of development from the situational involvement of a few knowledgeable persons through the use of special knowledge by law enforcement officers themselves with the optional involvement of knowledgeable persons to the established practice of producing comprehensive examinations (in which the commission is not a mandatory property) and the active involvement of various knowledgeable persons, in particular, a teacher and a psychologist. Actual situations are considered in which the minority of the participants in the criminal process, along with their individual characteristics (psychophysiological, cultural, religious, linguistic and others), entails the need to combine procedural functions and / or special knowledge. The results of an empirical study conducted by the Author of the article under the guidance of Candidate of Legal Sciences, Docent E. V. Elagina (questionnaire survey of 161 investigators and 116 prosecutors on the involvement of knowledgeable persons in pre-trial proceedings in criminal cases involving minors) are presented; it is shown that in most cases respondents note the leading role of a psychologist in the production of investigative actions with children and adolescents. It is also noted that the functions traditionally implemented by the teacher do not meet the goals of his involvement in the criminal process, and therefore it is necessary to exclude the possibility of such involvement. A general conclusion is made that, when complexing, the first place should be given to special psychological knowledge, since it is psychologists who are competent in assessing a number of phenomena significant for criminal proceedings (for example, emotional and behavioral reactions of minors). The Author proposes a method for optimal integration of procedural functions and / or special knowledge in a criminal process involving minors – the use of special knowledge by a law enforcement officer or the combination of two or more functions by one knowledgeable person. It is shown that the proposed method will reduce the number of persons in contact with a minor and reduce the psychological burden on him.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43742948","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 : 2022-06-20DOI: 10.19073/2658-7602-2022-19-2-185-198
E. Epifanova
The article is devoted to the study of the problems of correlation between the constitutional-legal and administrative-legal regulation of public administration in the field of public health protection in the system of social administration. The purpose of the article is to identify the relationship between the subject of regulation of constitutional and administrative law in the field of public administration in terms of health protection in the system of social administration, to identify its distinctive features. The goal was achieved with the help of general scientific methods (analysis, synthesis, dialectical, historical and legal method) and the formal legal method. State administration is carried out constantly, regardless of the presence or absence of a constitution in a particular state, other constitutional acts, and even in the absence of constitutional ideas, as was the case in Russia until the 19th century. The concept of administrative and legal regulation of public administration in the field of public health in modern conditions is based on constitutional norms on the right of citizens to health protection and medical care (Article 41 of the current Constitution of the Russian Federation), as well as on the norms on the organization of public power in the Russian Federation. Analyzing the content of the legal literature, the current legislation, the Author came to the conclusion that for the analysis of the correlation between the concepts of constitutional and legal and administrative-legal regulation in the field of health care, the provisions of Art. 71 and 72 of the Constitution of the Russian Federation. In particular, assigning the organization of public authority to the federal center, the Constitution of the Russian Federation thereby predetermines the principles of organization of the public administration system in the field of health care. In addition, Art. 71 of the Constitution of the Russian Federation leaves the federal authorities in charge of establishing a unified legal framework for the healthcare system, which is being transformed into legislative and subordinate regulation, including issues of managing the healthcare system. Administrative law, due to the wide possibilities of operational by-law regulation, is characterized by taking into account the latest achievements in the natural and human sciences in industry standards, sometimes faster than the legislator does.
{"title":"Public Administration in the Field of Public Health Protection in the New Paradigm of Public Authority: Problems of Correlation Between Constitutional and Administrative Law Regulation","authors":"E. Epifanova","doi":"10.19073/2658-7602-2022-19-2-185-198","DOIUrl":"https://doi.org/10.19073/2658-7602-2022-19-2-185-198","url":null,"abstract":"The article is devoted to the study of the problems of correlation between the constitutional-legal and administrative-legal regulation of public administration in the field of public health protection in the system of social administration. The purpose of the article is to identify the relationship between the subject of regulation of constitutional and administrative law in the field of public administration in terms of health protection in the system of social administration, to identify its distinctive features. The goal was achieved with the help of general scientific methods (analysis, synthesis, dialectical, historical and legal method) and the formal legal method. State administration is carried out constantly, regardless of the presence or absence of a constitution in a particular state, other constitutional acts, and even in the absence of constitutional ideas, as was the case in Russia until the 19th century. The concept of administrative and legal regulation of public administration in the field of public health in modern conditions is based on constitutional norms on the right of citizens to health protection and medical care (Article 41 of the current Constitution of the Russian Federation), as well as on the norms on the organization of public power in the Russian Federation. Analyzing the content of the legal literature, the current legislation, the Author came to the conclusion that for the analysis of the correlation between the concepts of constitutional and legal and administrative-legal regulation in the field of health care, the provisions of Art. 71 and 72 of the Constitution of the Russian Federation. In particular, assigning the organization of public authority to the federal center, the Constitution of the Russian Federation thereby predetermines the principles of organization of the public administration system in the field of health care. In addition, Art. 71 of the Constitution of the Russian Federation leaves the federal authorities in charge of establishing a unified legal framework for the healthcare system, which is being transformed into legislative and subordinate regulation, including issues of managing the healthcare system. Administrative law, due to the wide possibilities of operational by-law regulation, is characterized by taking into account the latest achievements in the natural and human sciences in industry standards, sometimes faster than the legislator does.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48693836","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 : 2022-06-20DOI: 10.19073/2658-7602-2022-19-2-142-155
A. Syntin
Countering doping in modern sport plays an important role. In order to effectively apply various types of legal liability, it is necessary to determine what substances and methods are prohibited in sport. Since the advent of full-fledged anti-doping rules (1967), the list of such substances and methods, as well as the doping control system, have been dynamically changing. The anti-doping system received significant development after the formation of the World Anti-Doping Agency (1999). For the purposes of bringing to criminal responsibility, there is a list, initially somewhat reduced, subsequently substantially supplemented. The legislator's decision to create a special list raises questions. Therefore, the Author considers various approaches to such substances and methods and determines their place in the crime. In the first part of the work, prohibited substances and methods are analyzed and their characteristics are given. In the second part, the Author explores the need for a specific list of prohibited substances or methods for the purpose of criminalizing anti-doping rule violations. In addition, it distinguishes between narcotic, psychotropic, potent substances, on the one hand, and prohibited substances, on the other. The Author comes to the conclusion that the existence of a special list for the purposes of implementing Art. 2301 and 2302 of the Criminal Code of the Russian Federation is inappropriate due to the specifics of the acts themselves, as this limits the possibility of being held liable for the use of analogues of substances. In the third part of the work, the Author explores the understanding of prohibited substances or methods as the subject of a crime. It is concluded that to consider prohibited substances or methods as the subject of crimes under Art. 2301 and 2302 of the Criminal Code of the Russian Federation is impossible, since the crime is not directly directed at them. Accordingly, in the fourth part of the work it is substantiated that such substances and methods constitute the means of committing a crime. As a result, the Author comes to the conclusion that it is necessary to change the legislative regulation of criminal liability for violation of anti-doping rules.
{"title":"Substances and Methods Prohibited for Use in Sport: Object or Means of Committing Crimes?","authors":"A. Syntin","doi":"10.19073/2658-7602-2022-19-2-142-155","DOIUrl":"https://doi.org/10.19073/2658-7602-2022-19-2-142-155","url":null,"abstract":"Countering doping in modern sport plays an important role. In order to effectively apply various types of legal liability, it is necessary to determine what substances and methods are prohibited in sport. Since the advent of full-fledged anti-doping rules (1967), the list of such substances and methods, as well as the doping control system, have been dynamically changing. The anti-doping system received significant development after the formation of the World Anti-Doping Agency (1999). For the purposes of bringing to criminal responsibility, there is a list, initially somewhat reduced, subsequently substantially supplemented. The legislator's decision to create a special list raises questions. Therefore, the Author considers various approaches to such substances and methods and determines their place in the crime. In the first part of the work, prohibited substances and methods are analyzed and their characteristics are given. In the second part, the Author explores the need for a specific list of prohibited substances or methods for the purpose of criminalizing anti-doping rule violations. In addition, it distinguishes between narcotic, psychotropic, potent substances, on the one hand, and prohibited substances, on the other. The Author comes to the conclusion that the existence of a special list for the purposes of implementing Art. 2301 and 2302 of the Criminal Code of the Russian Federation is inappropriate due to the specifics of the acts themselves, as this limits the possibility of being held liable for the use of analogues of substances. In the third part of the work, the Author explores the understanding of prohibited substances or methods as the subject of a crime. It is concluded that to consider prohibited substances or methods as the subject of crimes under Art. 2301 and 2302 of the Criminal Code of the Russian Federation is impossible, since the crime is not directly directed at them. Accordingly, in the fourth part of the work it is substantiated that such substances and methods constitute the means of committing a crime. As a result, the Author comes to the conclusion that it is necessary to change the legislative regulation of criminal liability for violation of anti-doping rules.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47625802","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：