Pub Date : 2020-01-01DOI: 10.19073/2658-7602-2020-17-2-216-222
Anatolii N. Khomenko
Аннотация. В статье обращено на обусловленный привлечением большого медицинских к ответственности. При этом изучение данной указывает правоприменения, связанные с противоречивой и неоднозначной уголовно-правовой оценкой причинения вреда пациентам при оказании медицинской помощи. Серьезно осложняет справедливое 644116, Russia Abstract. The article draws attention to the resonant social aspect in the field of healthcare, due to the criminal prosecution of a large number of medical workers. At the same time, the study of this practice indicates the problems of law enforcement associated with a controversial and controversial criminal law assessment of harm to patients in the provision of medical care. The lack of a legislative definition of the signs and boundaries of medical errors complicates the fair prosecution of doctors by doctors, which also does not clearly distinguish between guilty and – innocent harm to the patient. The Author tried to specify the rea-sons, identify the existing legal gaps that negatively affect the correct qualification of acts committed by doctors in the performance of their professional duties, and propose possible solutions for the application and improvement of criminal law in the field of
注释。这篇文章提出了有条件地追究重大医疗责任的问题。然而，这项研究表明，执法与对提供医疗援助时对患者造成伤害的刑事法律评估相矛盾和模棱两可。严重复杂的正义644116，俄罗斯摘要。The article draws attention to the resonant social aspect in the field of healthcare, due to the criminal prosecution of a large number of medical workers. At the same time, the study of this practice indicates the problems of law enforcement associated with a controversial and controversial criminal law assessment of harm to patients in the provision of medical care. The lack of a legislative definition of the signs and boundaries of medical errors complicates the fair prosecution of doctors by doctors, which also does not clearly distinguish between guilty and – innocent harm to the patient. The Author tried to specify the rea-sons, identify the existing legal gaps that negatively affect the correct qualification of acts committed by doctors in the performance of their professional duties, and propose possible solutions for the application and improvement of criminal law in the field of
{"title":"Criminal-Legal Assessment of Acts Committed in the Provision of Medical Care","authors":"Anatolii N. Khomenko","doi":"10.19073/2658-7602-2020-17-2-216-222","DOIUrl":"https://doi.org/10.19073/2658-7602-2020-17-2-216-222","url":null,"abstract":"Аннотация. В статье обращено на обусловленный привлечением большого медицинских к ответственности. При этом изучение данной указывает правоприменения, связанные с противоречивой и неоднозначной уголовно-правовой оценкой причинения вреда пациентам при оказании медицинской помощи. Серьезно осложняет справедливое 644116, Russia Abstract. The article draws attention to the resonant social aspect in the field of healthcare, due to the criminal prosecution of a large number of medical workers. At the same time, the study of this practice indicates the problems of law enforcement associated with a controversial and controversial criminal law assessment of harm to patients in the provision of medical care. The lack of a legislative definition of the signs and boundaries of medical errors complicates the fair prosecution of doctors by doctors, which also does not clearly distinguish between guilty and – innocent harm to the patient. The Author tried to specify the rea-sons, identify the existing legal gaps that negatively affect the correct qualification of acts committed by doctors in the performance of their professional duties, and propose possible solutions for the application and improvement of criminal law in the field of","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68353172","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 : 2020-01-01DOI: 10.19073/2658-7602-2020-17-1-22-29
N. Tsukanov
660131, Russia Abstract. The article criticizes the traditional approach to the definition of the concept of legal presumption and its legal properties. The possibility of the existence of legal presumptions that do not reflect the repeatability of life processes is ascertained. Based on the analysis of the current legislation and law enforcement practice of the highest judicial authorities, actual and legal presumptions, legal presumption and fiction are compared. There is a lack of practical expediency of comparing legal presumption and fiction according to the criterion of their truthfulness, compliance with the “natural course of things”. The thesis about the absolute necessity of the possibility of refuting the presumption is justified only in the context of solving the problem of objective establishment of the circumstances of the case. However, the potential of legal presumptions is not limited by this framework. The results obtained allowed the author to come to the conclusion about the possibility of the exis tence
{"title":"On the Existence of Irrefutable Legal Presumptions","authors":"N. Tsukanov","doi":"10.19073/2658-7602-2020-17-1-22-29","DOIUrl":"https://doi.org/10.19073/2658-7602-2020-17-1-22-29","url":null,"abstract":"660131, Russia Abstract. The article criticizes the traditional approach to the definition of the concept of legal presumption and its legal properties. The possibility of the existence of legal presumptions that do not reflect the repeatability of life processes is ascertained. Based on the analysis of the current legislation and law enforcement practice of the highest judicial authorities, actual and legal presumptions, legal presumption and fiction are compared. There is a lack of practical expediency of comparing legal presumption and fiction according to the criterion of their truthfulness, compliance with the “natural course of things”. The thesis about the absolute necessity of the possibility of refuting the presumption is justified only in the context of solving the problem of objective establishment of the circumstances of the case. However, the potential of legal presumptions is not limited by this framework. The results obtained allowed the author to come to the conclusion about the possibility of the exis tence","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"130 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68353290","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 : 2020-01-01DOI: 10.19073/2658-7602-2020-17-1-83-88
O. Morozova
644010, Russia Abstract. The article discusses the problems associated with a possible change in the institution of judi cial control in criminal pre-trial proceedings. A comparative legal study of foreign criminal procedure legis lation was carried out, where over the past ten years there have been significant changes in the control func tion of the court by introducing a new participant in the criminal process - the investigating judge. A review of the position of process scholars on the issue of introducing an investigative judge into the Russian criminal process is carried out, and both positive and negative aspects of the concept are evaluated. The author analyzes the positive and negative assessments of the developed concept of “Return of the institution of investigative judges in the Russian criminal process”. An intermediate conclusion is made that the appearance of an investigative judge in the domestic criminal process will entail significant changes in legal relations arising between subjects of pre-trial proceedings and will generally change the modern concept of
{"title":"Introduction of the Figure of an Investigating Judge in Criminal Proceedings: Pros and Cons","authors":"O. Morozova","doi":"10.19073/2658-7602-2020-17-1-83-88","DOIUrl":"https://doi.org/10.19073/2658-7602-2020-17-1-83-88","url":null,"abstract":"644010, Russia Abstract. The article discusses the problems associated with a possible change in the institution of judi cial control in criminal pre-trial proceedings. A comparative legal study of foreign criminal procedure legis lation was carried out, where over the past ten years there have been significant changes in the control func tion of the court by introducing a new participant in the criminal process - the investigating judge. A review of the position of process scholars on the issue of introducing an investigative judge into the Russian criminal process is carried out, and both positive and negative aspects of the concept are evaluated. The author analyzes the positive and negative assessments of the developed concept of “Return of the institution of investigative judges in the Russian criminal process”. An intermediate conclusion is made that the appearance of an investigative judge in the domestic criminal process will entail significant changes in legal relations arising between subjects of pre-trial proceedings and will generally change the modern concept of","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68353524","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 : 2020-01-01DOI: 10.19073/2658-7602-2020-17-1-100-104
Olga Stepanova
644008, Russia Abstract. This article discusses issues related to the emergence of a new type of control from January 1, 2017, namely, regional control over compliance with the requirements of the legislation of the Russian Federa tion in the field of organization of recreation and rehabilitation of children. The subjects of control are identi -fied. It is noted that the lack of a clear wording of the subject of control impedes the effective implementation of the activities of its entities and creates the possibility of double control of children's recreation organizations and their recovery by officials of various public authorities. The author formulated a proposal to eliminate a gap in the legislation related to the absence of a Code of the Russian Federation on Administrative Offense, which provides for administrative liability for violation of the requirements of the legislation of the Russian Federation in the field of organization of recreation and recreation
{"title":"Regional Control Over Compliance with the Requirements of the Legislation of the Russian Federation in the Field of Children’s Recreation and Health","authors":"Olga Stepanova","doi":"10.19073/2658-7602-2020-17-1-100-104","DOIUrl":"https://doi.org/10.19073/2658-7602-2020-17-1-100-104","url":null,"abstract":"644008, Russia Abstract. This article discusses issues related to the emergence of a new type of control from January 1, 2017, namely, regional control over compliance with the requirements of the legislation of the Russian Federa tion in the field of organization of recreation and rehabilitation of children. The subjects of control are identi -fied. It is noted that the lack of a clear wording of the subject of control impedes the effective implementation of the activities of its entities and creates the possibility of double control of children's recreation organizations and their recovery by officials of various public authorities. The author formulated a proposal to eliminate a gap in the legislation related to the absence of a Code of the Russian Federation on Administrative Offense, which provides for administrative liability for violation of the requirements of the legislation of the Russian Federation in the field of organization of recreation and recreation","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68353193","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 : 2020-01-01DOI: 10.19073/2658-7602-2020-17-1-93-99
A. Deryuga, S. N. Shaklein
{"title":"Relationship of Concepts “Administrative Punishment” and “Administrative Responsibility”","authors":"A. Deryuga, S. N. Shaklein","doi":"10.19073/2658-7602-2020-17-1-93-99","DOIUrl":"https://doi.org/10.19073/2658-7602-2020-17-1-93-99","url":null,"abstract":"","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68353549","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 : 2020-01-01DOI: 10.19073/2658-7602-2020-17-1-43-50
A. Churilov
The paper discusses the features of the legal regime of gaming broadcasts posted on the Internet. The assessment of the main approaches of domestic and foreign theory and practice to the definition of the legal regime of the game is given. The Author investigates the possibility of classifying game broadcasts as derivative works, as well as in the absence of features of a derivative work, as a public display or public performance of the work. The article presents the classification and forms of game broadcasts. In the paper the study of the theory and practice of Russia, the United States and European Union is concluded. Reviewed the relevant exclusions of above-mentioned legal systems that allow the posting of game broadcasts on the Internet. The conclusion is made about the need for improving legislation in the field of gaming broadcasts.
{"title":"Some Issues of the Legal Regime and the Protection of PC-Game Broadcasts","authors":"A. Churilov","doi":"10.19073/2658-7602-2020-17-1-43-50","DOIUrl":"https://doi.org/10.19073/2658-7602-2020-17-1-43-50","url":null,"abstract":"The paper discusses the features of the legal regime of gaming broadcasts posted on the Internet. The assessment of the main approaches of domestic and foreign theory and practice to the definition of the legal regime of the game is given. The Author investigates the possibility of classifying game broadcasts as derivative works, as well as in the absence of features of a derivative work, as a public display or public performance of the work. The article presents the classification and forms of game broadcasts. In the paper the study of the theory and practice of Russia, the United States and European Union is concluded. Reviewed the relevant exclusions of above-mentioned legal systems that allow the posting of game broadcasts on the Internet. The conclusion is made about the need for improving legislation in the field of gaming broadcasts.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68353393","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 : 2020-01-01DOI: 10.19073/2658-7602-2020-17-1-105-109
A. Smolyakov
применяют 302027, Russia Abstract. The article analyzes the trends in government activities to ensure road safety. It is noted that the ma jority of researchers as the main trend in this area highlights the regular tightening of responsibility for viola tions of the Rules of the road. The Author, partially agreeing with this conclusion, notes that the strengthening of responsibility in many cases is offset by the adoption of norms that repeal or substantially reduce previously established penalties. It is indicated that the increase in fines for offenses in the field of road safety was offset by the possibility of paying them in the amount of 50% of the amount imposed. The establishment of criminal liability for re-driving while intoxicated was compensated by the fact that the sanction for this crime specified a punishment in the form of compulsory labor, comparable in volume to the sanction for gross administrative offenses, and the fact that the courts in the vast majority of cases apply it is this type of punishment. It is con cluded that the reduction in road accidents is possible by identifying the primary causes of road traffic accidents and the subsequent systematic tightening of liability
применяют 302027，俄罗斯文章分析了政府保障道路安全活动的趋势。值得注意的是，大多数研究人员作为这一领域的主要趋势，强调了对违反道路交通规则的责任的定期收紧。发件人部分同意这一结论，他指出，在许多情况下，责任的加强被通过废除或大大减少以前规定的惩罚的规范所抵消。有人指出，在道路安全领域的违法行为的罚款增加被可能支付的金额的50%所抵消。醉酒后再驾驶刑事责任的确立，由于对该犯罪的处罚规定了强制劳动的处罚形式，其数量与对严重行政犯罪的处罚相当，并且法院在绝大多数案件中适用的就是这种类型的处罚，因此得到了补偿。结论是，通过确定道路交通事故的主要原因并随后系统地收紧责任，可以减少道路交通事故
{"title":"State Policy in the Field of Ensuring Road Safety: One Step Forward, Two Steps Back","authors":"A. Smolyakov","doi":"10.19073/2658-7602-2020-17-1-105-109","DOIUrl":"https://doi.org/10.19073/2658-7602-2020-17-1-105-109","url":null,"abstract":"применяют 302027, Russia Abstract. The article analyzes the trends in government activities to ensure road safety. It is noted that the ma jority of researchers as the main trend in this area highlights the regular tightening of responsibility for viola tions of the Rules of the road. The Author, partially agreeing with this conclusion, notes that the strengthening of responsibility in many cases is offset by the adoption of norms that repeal or substantially reduce previously established penalties. It is indicated that the increase in fines for offenses in the field of road safety was offset by the possibility of paying them in the amount of 50% of the amount imposed. The establishment of criminal liability for re-driving while intoxicated was compensated by the fact that the sanction for this crime specified a punishment in the form of compulsory labor, comparable in volume to the sanction for gross administrative offenses, and the fact that the courts in the vast majority of cases apply it is this type of punishment. It is con cluded that the reduction in road accidents is possible by identifying the primary causes of road traffic accidents and the subsequent systematic tightening of liability","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68353243","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 : 2019-12-01DOI: 10.19073/2658-7602-2019-16-4-475-479
A. M. Voronov
The article outlines the role and characterizes the legal idea of leading scholars of modern Russia in the context of reforming the administrative-tort legislation. The Author describes the main positions of the author, defended in the course of his work as a member of the interdepartmental working group on the preparation of the Concept of the new Code of the Russian Federation on Administrative Offenses. It is proposed to create two independent codes - the material and procedural content, the transfer of the regulation of court cases considered today in the framework of the Code of the Russian Federation on Administrative Offenses to the legislation on administrative legal proceedings, as well as cases of administrative offenses considered in the framework of arbitration proceedings. Particularly emphasized is the idea that the legislation on administrative responsibility should be normatively and logically interconnected with the legislation on the control and supervisory activity of authorities and develop in parallel with it.
{"title":"Administrative Tort Law: Yesterday, Today, Tomorrow","authors":"A. M. Voronov","doi":"10.19073/2658-7602-2019-16-4-475-479","DOIUrl":"https://doi.org/10.19073/2658-7602-2019-16-4-475-479","url":null,"abstract":"The article outlines the role and characterizes the legal idea of leading scholars of modern Russia in the context of reforming the administrative-tort legislation. The Author describes the main positions of the author, defended in the course of his work as a member of the interdepartmental working group on the preparation of the Concept of the new Code of the Russian Federation on Administrative Offenses. It is proposed to create two independent codes - the material and procedural content, the transfer of the regulation of court cases considered today in the framework of the Code of the Russian Federation on Administrative Offenses to the legislation on administrative legal proceedings, as well as cases of administrative offenses considered in the framework of arbitration proceedings. Particularly emphasized is the idea that the legislation on administrative responsibility should be normatively and logically interconnected with the legislation on the control and supervisory activity of authorities and develop in parallel with it.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48923731","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 : 2019-01-01DOI: 10.19073/2658-7602-2019-16-2-170-174
Ekaterina Gaevskaya
{"title":"To the Question of Gross Violations of Planned On-site Inspections in the Implementation of State Environmental Supervision in the Field of Atmospheric Air Protection","authors":"Ekaterina Gaevskaya","doi":"10.19073/2658-7602-2019-16-2-170-174","DOIUrl":"https://doi.org/10.19073/2658-7602-2019-16-2-170-174","url":null,"abstract":"","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68350301","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 : 2019-01-01DOI: 10.19073/2658-7602-2019-16-2-141-149
I. Popov
{"title":"Sphere of Claim’s Application and Condition of Requirement’s Satisfaction about Recognition of the Right or Encumbrance by Absent","authors":"I. Popov","doi":"10.19073/2658-7602-2019-16-2-141-149","DOIUrl":"https://doi.org/10.19073/2658-7602-2019-16-2-141-149","url":null,"abstract":"","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68350587","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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