The industrial and economic activities of penitentiary systems are rarely analysed in the literature. However, given the fact that in terms of the number of prisoners, penitentiary institutions in large countries are comparable to certain sectors of the economy, the study of the efficiency of such aggregates of such enterprises may be of important socio-economic importance. In the present paper, on the basis of the data provided by the Russian Federal Penitentiary Service using the methodology of Data Envelopment Analysis, the first assessment of economic efficiency of forestry activities of production units of the penitentiary system, which together form a spatially distributed forestry complex noticeable for the domestic Russian market, is carried out. The regional departments of the Russian Federal Penitentiary Service, which have reserves to increase their efficiency through a more economic use of production factors, are highlighted. It has been suggested to develop the above analysis on the basis of calculation of resources and production factors saving potentials under the condition of achieving high indicators of logging and production of timber products. It is concluded that such work can make a significant contribution to the formation of a comprehensive strategy for the transition of the Russian Federal Penitentiary Service to carbon neutrality as part of achieving the national objectives set in the Strategy for socio-economic development of Russia with low greenhouse gas emissions until 2050
{"title":"Economic Efficiency of Forestry Activities in the Russian Penitentiary System","authors":"S. I. Mutovin","doi":"10.17516/1997-1370-0871","DOIUrl":"https://doi.org/10.17516/1997-1370-0871","url":null,"abstract":"The industrial and economic activities of penitentiary systems are rarely analysed in the literature. However, given the fact that in terms of the number of prisoners, penitentiary institutions in large countries are comparable to certain sectors of the economy, the study of the efficiency of such aggregates of such enterprises may be of important socio-economic importance. In the present paper, on the basis of the data provided by the Russian Federal Penitentiary Service using the methodology of Data Envelopment Analysis, the first assessment of economic efficiency of forestry activities of production units of the penitentiary system, which together form a spatially distributed forestry complex noticeable for the domestic Russian market, is carried out. The regional departments of the Russian Federal Penitentiary Service, which have reserves to increase their efficiency through a more economic use of production factors, are highlighted. It has been suggested to develop the above analysis on the basis of calculation of resources and production factors saving potentials under the condition of achieving high indicators of logging and production of timber products. It is concluded that such work can make a significant contribution to the formation of a comprehensive strategy for the transition of the Russian Federal Penitentiary Service to carbon neutrality as part of achieving the national objectives set in the Strategy for socio-economic development of Russia with low greenhouse gas emissions until 2050","PeriodicalId":37201,"journal":{"name":"Journal of Siberian Federal University - Humanities and Social Sciences","volume":"94 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74439094","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}
The goal of this research is to develop policy proposals for a reform of Russian corporate income tax legislation. The paper reviews and analyses international and Russian tax policy context and ongoing reforms that aim to address the challenges of the digital economy. It is shown that different states have been implementing unilateral measures in their respective tax legislation due to the absence of global consensus about coordinated reform. This leads to increasing complexity and uncertainty for digital businesses and tax administrations. Considering that the digital tax reform agenda is highly relevant for Russia for fiscal reasons, several ideas for developing Russian tax rules in this context are proposed, including amendments to the concept of corporate residence, introducing a digital services tax as an interim measure, amending the mechanism of withholding tax on royalties and clarifying the tax characterisation of supplies in digital form. This article was prepared as part of research by state assignment at the Russian Academy of National Economy and Public Administration
{"title":"Russia in Global Digital Tax Reform: Together or Apart?","authors":"N. Milogolov, A. Berberov","doi":"10.17516/1997-1370-0853","DOIUrl":"https://doi.org/10.17516/1997-1370-0853","url":null,"abstract":"The goal of this research is to develop policy proposals for a reform of Russian corporate income tax legislation. The paper reviews and analyses international and Russian tax policy context and ongoing reforms that aim to address the challenges of the digital economy. It is shown that different states have been implementing unilateral measures in their respective tax legislation due to the absence of global consensus about coordinated reform. This leads to increasing complexity and uncertainty for digital businesses and tax administrations. Considering that the digital tax reform agenda is highly relevant for Russia for fiscal reasons, several ideas for developing Russian tax rules in this context are proposed, including amendments to the concept of corporate residence, introducing a digital services tax as an interim measure, amending the mechanism of withholding tax on royalties and clarifying the tax characterisation of supplies in digital form. This article was prepared as part of research by state assignment at the Russian Academy of National Economy and Public Administration","PeriodicalId":37201,"journal":{"name":"Journal of Siberian Federal University - Humanities and Social Sciences","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90661762","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}
This article is devoted to the forensic analysis of the factors (cyberthreats) determining a negative information impact on recipients’ worldview in the Internet environment (changes in values, emotional perceptions, and expressions of will, etc.). Findings are founded on the concepts of deviant and delinquent speech behavior, the authors also outline definitions of criminogenic, aggressive, destructive, harmful, conflictogenic, and discrediting (defamatory) information and define the semantic field ‘destructiveness of information impact’. The research is based on an interdisciplinary legal and linguistic approach and uses methodology of information law (cyberlaw) and forensic speech science (forensic linguistics) for integral examination of aggressive information products (that are threatening worldview security of Internet communication) in several ways: 1) as speech actions related to law violations (verbal components that reflect actus reus of crimes, administrative offences, and civil torts); 2) as a result of communication activity; 3) as a source of forensically valuable information. The article covers such worldview security threats as defamation; libel; insult; propaganda of drugs, pornography, gambling, violence and cruelty, murder, autodestructiveness (including suicide), extremism (including terrorism); cyberbullicide; cybersuicide; cybergrooming; sexting; sex blackmail; doxing; outing; faking; astroturfing; cybertrolling; flaming; cyberbullying; cybermobbing; harassment; impersonation; exclusion (ostracism); stigmatization; cyberstalking; threats; hating; ‘happy slapping’, etc. The authors formulated the list of offenses, entailing the commitment of criminogenic and conflictogenic speech actions (in accordance with the current Russian civil, administrative and criminal legislation), as well as the list of types of information prohibited or restricted in distribution as harmful to the health and development of children (according to the current Russian legislation) are of urgent applied significance
{"title":"The Concepts of Aggressive Information Impact through the Lens of Internet Users’ Worldview Security","authors":"E. Galyashina, V. Nikishin","doi":"10.17516/1997-1370-0848","DOIUrl":"https://doi.org/10.17516/1997-1370-0848","url":null,"abstract":"This article is devoted to the forensic analysis of the factors (cyberthreats) determining a negative information impact on recipients’ worldview in the Internet environment (changes in values, emotional perceptions, and expressions of will, etc.). Findings are founded on the concepts of deviant and delinquent speech behavior, the authors also outline definitions of criminogenic, aggressive, destructive, harmful, conflictogenic, and discrediting (defamatory) information and define the semantic field ‘destructiveness of information impact’. The research is based on an interdisciplinary legal and linguistic approach and uses methodology of information law (cyberlaw) and forensic speech science (forensic linguistics) for integral examination of aggressive information products (that are threatening worldview security of Internet communication) in several ways: 1) as speech actions related to law violations (verbal components that reflect actus reus of crimes, administrative offences, and civil torts); 2) as a result of communication activity; 3) as a source of forensically valuable information. The article covers such worldview security threats as defamation; libel; insult; propaganda of drugs, pornography, gambling, violence and cruelty, murder, autodestructiveness (including suicide), extremism (including terrorism); cyberbullicide; cybersuicide; cybergrooming; sexting; sex blackmail; doxing; outing; faking; astroturfing; cybertrolling; flaming; cyberbullying; cybermobbing; harassment; impersonation; exclusion (ostracism); stigmatization; cyberstalking; threats; hating; ‘happy slapping’, etc. The authors formulated the list of offenses, entailing the commitment of criminogenic and conflictogenic speech actions (in accordance with the current Russian civil, administrative and criminal legislation), as well as the list of types of information prohibited or restricted in distribution as harmful to the health and development of children (according to the current Russian legislation) are of urgent applied significance","PeriodicalId":37201,"journal":{"name":"Journal of Siberian Federal University - Humanities and Social Sciences","volume":"96 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90944969","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}
The aim of the work is to study criminal-executive relations in the field of application of the basic means of correction to convicts serving a sentence of imprisonment. The analysis of the legal basis for the implementation of fixed assets for the correction of convicts established by the criminal executive legislation of Russia is carried out. There is a deficiency in the legal regulation of certain remedies, including social impact and educational work with prisoners. This circumstance is a significant obstacle to their implementation in practice, which negatively affects the formation of law-abiding behavior of persons serving a prison sentence, as well as the observance of rights. A number of recommendations are made, aimed at improving the criminal-executive policy in this area, including on the basis of the analysis of the legal support of remedies for convicted countries of the Commonwealth of Independent States convicted under the law
{"title":"Problems of Legal Regulation of the Implementation of Fixed Assets of Legal Entities, Serving Sentences as an Incentive for Law-abiding Behavior of Those Sentenced to Imprisonment, Respect for Individual Rights","authors":"Valery N. Belik, N. N. Kutakov, D. G. Metlin","doi":"10.17516/1997-1370-0852","DOIUrl":"https://doi.org/10.17516/1997-1370-0852","url":null,"abstract":"The aim of the work is to study criminal-executive relations in the field of application of the basic means of correction to convicts serving a sentence of imprisonment. The analysis of the legal basis for the implementation of fixed assets for the correction of convicts established by the criminal executive legislation of Russia is carried out. There is a deficiency in the legal regulation of certain remedies, including social impact and educational work with prisoners. This circumstance is a significant obstacle to their implementation in practice, which negatively affects the formation of law-abiding behavior of persons serving a prison sentence, as well as the observance of rights. A number of recommendations are made, aimed at improving the criminal-executive policy in this area, including on the basis of the analysis of the legal support of remedies for convicted countries of the Commonwealth of Independent States convicted under the law","PeriodicalId":37201,"journal":{"name":"Journal of Siberian Federal University - Humanities and Social Sciences","volume":"58 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76159915","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}
Most countries are making significant efforts to combat corruption. International organizations have developed effective recommendations that have allowed many states to achieve success in the implementation of anti-corruption policies. Using these recommendations Russian Government has developed and implemented effective methods for combating this social phenomenon. Currently, the results obtained from anti-corruption activities are declining. Having considered the tendencies in the development of anti-corruption mechanisms in Russia and worldwide, the authors concluded that there is a delayed decrease in efficiency from the use of anti-corruption methods. In particular, the method of transparency in the long-term period leads to the complication of relations between the corruption interaction subjects, instead of corruption neutralization. To overcome the effect of the delayed decrease in efficiency, the authors put forward a hypothesis about the need to introduce big data processing technologies and artificial intelligence into the anti-corruption system. The work analyzes the foreign experience of using these tools. Based on the results of the analysis, the authors identified problems encountered by foreign specialists and gave recommendations on the organization of anti-corruption activity in Russia. The article proposes the author’s structure of an artificial intelligence system that carries out a comprehensive anti-c
{"title":"Anti-Corruption Information Technologies","authors":"A. Minbaleev, K. Evsikov","doi":"10.17516/1997-1370-0849","DOIUrl":"https://doi.org/10.17516/1997-1370-0849","url":null,"abstract":"Most countries are making significant efforts to combat corruption. International organizations have developed effective recommendations that have allowed many states to achieve success in the implementation of anti-corruption policies. Using these recommendations Russian Government has developed and implemented effective methods for combating this social phenomenon. Currently, the results obtained from anti-corruption activities are declining. Having considered the tendencies in the development of anti-corruption mechanisms in Russia and worldwide, the authors concluded that there is a delayed decrease in efficiency from the use of anti-corruption methods. In particular, the method of transparency in the long-term period leads to the complication of relations between the corruption interaction subjects, instead of corruption neutralization. To overcome the effect of the delayed decrease in efficiency, the authors put forward a hypothesis about the need to introduce big data processing technologies and artificial intelligence into the anti-corruption system. The work analyzes the foreign experience of using these tools. Based on the results of the analysis, the authors identified problems encountered by foreign specialists and gave recommendations on the organization of anti-corruption activity in Russia. The article proposes the author’s structure of an artificial intelligence system that carries out a comprehensive anti-c","PeriodicalId":37201,"journal":{"name":"Journal of Siberian Federal University - Humanities and Social Sciences","volume":"62 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88761840","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}
One of the key tasks of the penal and correctional system is not only to socially isolate convicts and organize acceptable living conditions for them, but also to ensure their adequate resocialization after serving their sentence. The solution of this problem requires new approaches to the conduct of production activities by the institutions of the Federal Penitentiary Service of Russia. Among others, priority should be given to the areas of traditional economic specialization of the penitentiary system, which include, for example, logging and woodworking. The national contribution of the Russian Federation to the implementation of the goals of the Paris Climate Agreement implies the fullest possible use of the carbon-absorbing capacity of Russian forests. This task is solved, among other things, by a significant increase in the volume of artificial reforestation, which requires the development of a network of tree nurseries throughout the country. The article analyzes in detail the experience of a joint pilot project on forest nursery creation based on one of the institutions of the Federal Penitentiary Service with the participation of business association in the field of forest industry in Krasnoyarsk Krai. It is shown that the project is not only effective, but also has high indicators of economic efficiency, characterized by low payback period under the condition of ensuring decent working conditions for inmates. It emphasizes the importance of scientific and methodological support of the work performed by universities and research institutes, including within the program of creating world-class scientific and educational centers of the Ministry of Science and Higher Education of the Russian Federation
{"title":"Potential for the Development of Productive Activities of the Russian Penal System in the Context of Achieving National Goals Under the Paris Climate Agreement","authors":"S. I. Mutovin","doi":"10.17516/1997-1370-0854","DOIUrl":"https://doi.org/10.17516/1997-1370-0854","url":null,"abstract":"One of the key tasks of the penal and correctional system is not only to socially isolate convicts and organize acceptable living conditions for them, but also to ensure their adequate resocialization after serving their sentence. The solution of this problem requires new approaches to the conduct of production activities by the institutions of the Federal Penitentiary Service of Russia. Among others, priority should be given to the areas of traditional economic specialization of the penitentiary system, which include, for example, logging and woodworking. The national contribution of the Russian Federation to the implementation of the goals of the Paris Climate Agreement implies the fullest possible use of the carbon-absorbing capacity of Russian forests. This task is solved, among other things, by a significant increase in the volume of artificial reforestation, which requires the development of a network of tree nurseries throughout the country. The article analyzes in detail the experience of a joint pilot project on forest nursery creation based on one of the institutions of the Federal Penitentiary Service with the participation of business association in the field of forest industry in Krasnoyarsk Krai. It is shown that the project is not only effective, but also has high indicators of economic efficiency, characterized by low payback period under the condition of ensuring decent working conditions for inmates. It emphasizes the importance of scientific and methodological support of the work performed by universities and research institutes, including within the program of creating world-class scientific and educational centers of the Ministry of Science and Higher Education of the Russian Federation","PeriodicalId":37201,"journal":{"name":"Journal of Siberian Federal University - Humanities and Social Sciences","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90950627","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}
Tachir I. Saifutdinov, A. T. Akmatova, E. S. Toktorov, A. E. Toktorov
The subject of the study is to improve the interaction between the activities of participants in the investigation of road traffic offences. From the materials of criminal cases, it is clear that quite often the role and place of the forensic examination is unreasonably diminished by the investigator. It happens due to the fact that a large part of the physical evidence collected at the crime scene during the initial inspection of the scene of the incident and containing the necessary amount of investigatively significant information, falls out of the general picture that forms the content of the investigative situation. The most effective interaction of the investigator with the expert is realized only when it is organized from the very beginning of the investigation of the crime event, and hereby covers all stages of the investigation, from the examination of the crime scene, the appointment of the examination, the process of examination, conclusions, and end results of expert research. Gathering evidence and clarifying all the circumstances that contribute to the commission of the crime seems to be the basis for solving practical problems that confront the investigator upon arrival at the scene of an accident. For the full implementation of these tasks, the investigator resorts to the practical assistance of an expert, a specialist who has methods for solving the questions posed to them, the practical possibilities accumulated in the complex of technical and forensic, as well as theoretical support for the production of examinations. To implement the tasks set for the investigator to investigate accidents, the investigator simply needs to assress an expert for competent answers. In turn, the expert is authorized to take expert initiative in the course of the investigation, within the limits of his expert authority, to identify, evaluate and establish the circumstances indicated by the investigator in the case under investigation. Empirical and theoretical research methods, a comprehensive analysis, and other methods of scientific knowledge were used in the process of study. The results of the study made it possible to formulate a set of recommendations aimed at improving the regulatory framework governing the interaction of the investigator and expert
{"title":"Opportunities for Optimizing the Activities of the Investigator and Expert to Improve the Efficiency of the Investigation of Traffic Accidents","authors":"Tachir I. Saifutdinov, A. T. Akmatova, E. S. Toktorov, A. E. Toktorov","doi":"10.17516/1997-1370-0851","DOIUrl":"https://doi.org/10.17516/1997-1370-0851","url":null,"abstract":"The subject of the study is to improve the interaction between the activities of participants in the investigation of road traffic offences. From the materials of criminal cases, it is clear that quite often the role and place of the forensic examination is unreasonably diminished by the investigator. It happens due to the fact that a large part of the physical evidence collected at the crime scene during the initial inspection of the scene of the incident and containing the necessary amount of investigatively significant information, falls out of the general picture that forms the content of the investigative situation. The most effective interaction of the investigator with the expert is realized only when it is organized from the very beginning of the investigation of the crime event, and hereby covers all stages of the investigation, from the examination of the crime scene, the appointment of the examination, the process of examination, conclusions, and end results of expert research. Gathering evidence and clarifying all the circumstances that contribute to the commission of the crime seems to be the basis for solving practical problems that confront the investigator upon arrival at the scene of an accident. For the full implementation of these tasks, the investigator resorts to the practical assistance of an expert, a specialist who has methods for solving the questions posed to them, the practical possibilities accumulated in the complex of technical and forensic, as well as theoretical support for the production of examinations. To implement the tasks set for the investigator to investigate accidents, the investigator simply needs to assress an expert for competent answers. In turn, the expert is authorized to take expert initiative in the course of the investigation, within the limits of his expert authority, to identify, evaluate and establish the circumstances indicated by the investigator in the case under investigation. Empirical and theoretical research methods, a comprehensive analysis, and other methods of scientific knowledge were used in the process of study. The results of the study made it possible to formulate a set of recommendations aimed at improving the regulatory framework governing the interaction of the investigator and expert","PeriodicalId":37201,"journal":{"name":"Journal of Siberian Federal University - Humanities and Social Sciences","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85470195","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}
This article is written to evaluate the practical significance of punitive damages in the field of arbitration concerning international commercial disputes and franchise disputes. It finds that punitive damages awards are frequent in domestic arbitrations in the United States but not internationally common. This article discusses the severity of the punitive damages awards to explain why such decisions are not frequent in international trade disputes; it still has a significant influence that concerns the contracting parties, making them exclude punitive damages in their agreements. This article also explains the reasons for limiting the use of these punitive damages. The first one is the limitation of punitive damages applied to arbitration. Indeed, punitive damages are only recognised under a handful of domestic arbitration laws in a number of countries, especially the ones associated with contract claims. Secondly, the enforceability of such awards is internationally limited due to public policy. Therefore, this difficulty caused the arbitral tribunal to refuse to award such damages. Finally, the statistics on punitive damages award in international commercial arbitration are scarce, so the article refers to provide and analyse the cases that are not international-thereby discussing and evaluating the suitability of punitive damages in the context of international commercial arbitration
{"title":"Punitive Damages Awards in International Arbitration: Franchising Case","authors":"Thi Thuy Dung Tran","doi":"10.17516/1997-1370-0844","DOIUrl":"https://doi.org/10.17516/1997-1370-0844","url":null,"abstract":"This article is written to evaluate the practical significance of punitive damages in the field of arbitration concerning international commercial disputes and franchise disputes. It finds that punitive damages awards are frequent in domestic arbitrations in the United States but not internationally common. This article discusses the severity of the punitive damages awards to explain why such decisions are not frequent in international trade disputes; it still has a significant influence that concerns the contracting parties, making them exclude punitive damages in their agreements. This article also explains the reasons for limiting the use of these punitive damages. The first one is the limitation of punitive damages applied to arbitration. Indeed, punitive damages are only recognised under a handful of domestic arbitration laws in a number of countries, especially the ones associated with contract claims. Secondly, the enforceability of such awards is internationally limited due to public policy. Therefore, this difficulty caused the arbitral tribunal to refuse to award such damages. Finally, the statistics on punitive damages award in international commercial arbitration are scarce, so the article refers to provide and analyse the cases that are not international-thereby discussing and evaluating the suitability of punitive damages in the context of international commercial arbitration","PeriodicalId":37201,"journal":{"name":"Journal of Siberian Federal University - Humanities and Social Sciences","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89639960","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}
The article reveals the impotence of classical legal theories to explain the inconsistency of the practice of applying laws. The legal dogma is subjected to the phenomenological analysis. Moreover, its inability to overcome the conventions of pure jurism is shown. From the position of postclassical jurisprudence, the theory of natural law is criticized. The necessity of refusing to contrast natural and positive law is substantiated. The communicative concept of law, its cognitive value and role in ensuring a uniform application of laws are considered. The criticism of integrative legal theories is evaluated from the perspective of the functionality of law in the form of resolving social conflicts. The approach that reduces legal theory to a method of resolving conflicts is called into question. The negative influence of the dichotomy of positive and natural law is argued, both on the uniform application of laws and on the rule of law in general. From the point of view of the functionality of law, the correlation of its material and procedural branches is revealed. As a result, a hypothesis is formulated that the main direction of the development of legal science is the creation of integrative law that can combine various legal concepts, which will allow us to build a rigid legal dogma based on unified methodological foundations and remove contradictions between legal theories in resolving social conflicts
{"title":"Uniform Application of Laws in the Context of Post-Classical Law","authors":"Igor M. Alekseev","doi":"10.17516/1997-1370-0842","DOIUrl":"https://doi.org/10.17516/1997-1370-0842","url":null,"abstract":"The article reveals the impotence of classical legal theories to explain the inconsistency of the practice of applying laws. The legal dogma is subjected to the phenomenological analysis. Moreover, its inability to overcome the conventions of pure jurism is shown. From the position of postclassical jurisprudence, the theory of natural law is criticized. The necessity of refusing to contrast natural and positive law is substantiated. The communicative concept of law, its cognitive value and role in ensuring a uniform application of laws are considered. The criticism of integrative legal theories is evaluated from the perspective of the functionality of law in the form of resolving social conflicts. The approach that reduces legal theory to a method of resolving conflicts is called into question. The negative influence of the dichotomy of positive and natural law is argued, both on the uniform application of laws and on the rule of law in general. From the point of view of the functionality of law, the correlation of its material and procedural branches is revealed. As a result, a hypothesis is formulated that the main direction of the development of legal science is the creation of integrative law that can combine various legal concepts, which will allow us to build a rigid legal dogma based on unified methodological foundations and remove contradictions between legal theories in resolving social conflicts","PeriodicalId":37201,"journal":{"name":"Journal of Siberian Federal University - Humanities and Social Sciences","volume":"102 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91038055","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}
The purpose of this study is to determine the legal protection model for the majority and minority shareholders in public limited companies. This research method is normative research. To investigate the ineffectiveness of laws and regulations, in particular, Law No. 40 of 2007 on limited liability companies in providing shareholder protection, researchers have studied the laws and regulations and considered the views of experts on legal concepts related to legal protection for shareholders, particularly, minority shareholders. The results showed that the law did not provide maximum legal protection for minority shareholders, creating an imbalance between the rights of the minority and majority shareholders. For this reason, 1) reform or progressive changes in laws and regulations are needed, for instance, in PT Law No. 40 of 2007. These changes should be fundamental to philosophical aspects (values and perspectives) in providing shareholder protection; 2) the review of shareholders’ protection methods should be based on the aspects of fairness
{"title":"Minority Shareholders’ Legal Protection in a Limited Liability Company System","authors":"I. G. Sukarmo, H. Haq, Zainal Asikin, Salim Hs","doi":"10.17516/1997-1370-0843","DOIUrl":"https://doi.org/10.17516/1997-1370-0843","url":null,"abstract":"The purpose of this study is to determine the legal protection model for the majority and minority shareholders in public limited companies. This research method is normative research. To investigate the ineffectiveness of laws and regulations, in particular, Law No. 40 of 2007 on limited liability companies in providing shareholder protection, researchers have studied the laws and regulations and considered the views of experts on legal concepts related to legal protection for shareholders, particularly, minority shareholders. The results showed that the law did not provide maximum legal protection for minority shareholders, creating an imbalance between the rights of the minority and majority shareholders. For this reason, 1) reform or progressive changes in laws and regulations are needed, for instance, in PT Law No. 40 of 2007. These changes should be fundamental to philosophical aspects (values and perspectives) in providing shareholder protection; 2) the review of shareholders’ protection methods should be based on the aspects of fairness","PeriodicalId":37201,"journal":{"name":"Journal of Siberian Federal University - Humanities and Social Sciences","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73479071","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：