Pub Date : 2023-01-01DOI: 10.17072/1995-4190-2023-61-403-414
D. R. Mamyasheva
Introduction: currently, there are several thousand acts of strategic planning operating at all three levels (according to the Federal Register of Strategic Planning Documents). These acts include both those specified by the Law on Strategic Planning and those not provided for by it. Many acts of strategic planning are not included in the state register, which makes it difficult to analyze the entire picture of strategic planning in the country and the corresponding acts. The article aims to provide theoretical systematization of strategic planning acts and define practical directions for optimizing such a system and increasing its effectiveness. Methods: basic principles, laws, and categories of dialectical materialism, general scientific methods (analysis, synthesis, system-structural method), and special scientific methods (formal-legal and comparative legal). Results: the study revealed numerous normative defects of legal systematization of strategic planning acts; the author developed an algorithm that is supposed to contribute to the effective systematization of acts in question, taking into account that the Federal Law ‘On Strategic Planning in the Russian Federation’ is the core regulatory legal act in this area and contains an exhaustive list of acts of strategic planning.
{"title":"SYSTEMATIZATION OF STRATEGIC PLANNING ACTS: THEORETICAL LEGAL ASPECT","authors":"D. R. Mamyasheva","doi":"10.17072/1995-4190-2023-61-403-414","DOIUrl":"https://doi.org/10.17072/1995-4190-2023-61-403-414","url":null,"abstract":"Introduction: currently, there are several thousand acts of strategic planning operating at all three levels (according to the Federal Register of Strategic Planning Documents). These acts include both those specified by the Law on Strategic Planning and those not provided for by it. Many acts of strategic planning are not included in the state register, which makes it difficult to analyze the entire picture of strategic planning in the country and the corresponding acts. The article aims to provide theoretical systematization of strategic planning acts and define practical directions for optimizing such a system and increasing its effectiveness. Methods: basic principles, laws, and categories of dialectical materialism, general scientific methods (analysis, synthesis, system-structural method), and special scientific methods (formal-legal and comparative legal). Results: the study revealed numerous normative defects of legal systematization of strategic planning acts; the author developed an algorithm that is supposed to contribute to the effective systematization of acts in question, taking into account that the Federal Law ‘On Strategic Planning in the Russian Federation’ is the core regulatory legal act in this area and contains an exhaustive list of acts of strategic planning.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135159147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.17072/1995-4190-2023-59-47-72
E.V. Vinogradova
Introduction: modern Russian constitutionalism has its own specific nature that is determined by Russian history, philosophy, law, within which European and Eastern traditions were transforming, while gradually, over many centuries, creating sovereign Russian statehood. The study of its modern model becomes a focus of research attention due to the adoption of constitutional amendments that formed new institutions and gave a somewhat different meaning to the previously existing ones. This predetermines the interest in the study of the legal foundations of the model of Russian constitutionalism, contextually related to the philosophical conceptual ideas of understanding law as a significant value. Purpose: to form a new element of the paradigm of constitutionally significant values – the ‘sacred/profane’ system. The main objective is to study the formation of sacred values and their reflection in constitutional documents and legal science. Methods: historical-legal and formal-legal methods were used in the course of research. Results: the importance of efforts to reinforce sacred values for the strengthening of Russian statehood was substantiated. Conclusions: the projection of the social system ‘sacred/profane’ into law has not been studied so far. Such a study is relevant within the framework of concepts that determine the interaction of the individual, society, and government.
{"title":"RUSSIAN CONSTITUTIONALISM. A RETURN TO SACREDNESS","authors":"E.V. Vinogradova","doi":"10.17072/1995-4190-2023-59-47-72","DOIUrl":"https://doi.org/10.17072/1995-4190-2023-59-47-72","url":null,"abstract":"Introduction: modern Russian constitutionalism has its own specific nature that is determined by Russian history, philosophy, law, within which European and Eastern traditions were transforming, while gradually, over many centuries, creating sovereign Russian statehood. The study of its modern model becomes a focus of research attention due to the adoption of constitutional amendments that formed new institutions and gave a somewhat different meaning to the previously existing ones. This predetermines the interest in the study of the legal foundations of the model of Russian constitutionalism, contextually related to the philosophical conceptual ideas of understanding law as a significant value. Purpose: to form a new element of the paradigm of constitutionally significant values – the ‘sacred/profane’ system. The main objective is to study the formation of sacred values and their reflection in constitutional documents and legal science. Methods: historical-legal and formal-legal methods were used in the course of research. Results: the importance of efforts to reinforce sacred values for the strengthening of Russian statehood was substantiated. Conclusions: the projection of the social system ‘sacred/profane’ into law has not been studied so far. Such a study is relevant within the framework of concepts that determine the interaction of the individual, society, and government.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"438 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135105060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.17072/1995-4190-2023-60-231-256
N. L. Bondarenko, Y. G. Konanevich, Ju. O. Lysakovskaya
Introduction: qualimetry is a science of measurement and quantitative assessment of the quality of various things and processes, objects of the material and ideal world. Many sciences (natural, technical, humanities) use the term ‘quality’ and therefore effectively interact with qualimetry. Quality and methodology for measuring quality are also legal institutions. The legislation of the Republic of Belarus contains a whole range of legal norms (including norms of technical nature and standards) that regulate the qualimetry of various processes and social relations. The national qualimetric system has been formed, while the doctrinal institutionalization of qualimetric law has not yet taken place, which is explained by the lack of a doctrinal understanding of the nature and essence of qualimetric legal relations and qualimetric regulation, associated with the lack of a proper conceptual and categorical apparatus. Purpose: to substantiate the need for the institutionalization of qualimetric law as a sub-branch of conditional law in order to solve a large-scale scientific problem – the creation of an effective methodology for legal regulation of economic legal relations. Approach: since qualimetry is a specific field of scientific knowledge, a unique interdisciplinary structure in which natural science and humanities knowledge are inextricably integrated, the study was carried out based on the principle of interdisciplinarity as an idea, methodology, and mechanism that makes it possible to discover complex backbone links between related fields of expertise. Results: the paper shows qualimetry to be a complex field of scientific knowledge, a symbiosis of natural sciences and the humanities, and clarifies its subject matter. It is substantiated that qualimetric legal relations are a type of conditioned legal relations that develop with regard to qualimetric regulation; their essential features are identified, and a classification of qualimetric legal relations is provided. It is argued that qualimetric law is a subbranch of conditional law, its subject and system are defined. The expected positive effect that will result from the institutionalization of qualimetric law is predicted.
{"title":"QUALIMETRIC LAW AS A SUB-BRANCH OF CONDITIONAL LAW (A CASE STUDY OF THE REPUBLIC OF BELARUS)","authors":"N. L. Bondarenko, Y. G. Konanevich, Ju. O. Lysakovskaya","doi":"10.17072/1995-4190-2023-60-231-256","DOIUrl":"https://doi.org/10.17072/1995-4190-2023-60-231-256","url":null,"abstract":"Introduction: qualimetry is a science of measurement and quantitative assessment of the quality of various things and processes, objects of the material and ideal world. Many sciences (natural, technical, humanities) use the term ‘quality’ and therefore effectively interact with qualimetry. Quality and methodology for measuring quality are also legal institutions. The legislation of the Republic of Belarus contains a whole range of legal norms (including norms of technical nature and standards) that regulate the qualimetry of various processes and social relations. The national qualimetric system has been formed, while the doctrinal institutionalization of qualimetric law has not yet taken place, which is explained by the lack of a doctrinal understanding of the nature and essence of qualimetric legal relations and qualimetric regulation, associated with the lack of a proper conceptual and categorical apparatus. Purpose: to substantiate the need for the institutionalization of qualimetric law as a sub-branch of conditional law in order to solve a large-scale scientific problem – the creation of an effective methodology for legal regulation of economic legal relations. Approach: since qualimetry is a specific field of scientific knowledge, a unique interdisciplinary structure in which natural science and humanities knowledge are inextricably integrated, the study was carried out based on the principle of interdisciplinarity as an idea, methodology, and mechanism that makes it possible to discover complex backbone links between related fields of expertise. Results: the paper shows qualimetry to be a complex field of scientific knowledge, a symbiosis of natural sciences and the humanities, and clarifies its subject matter. It is substantiated that qualimetric legal relations are a type of conditioned legal relations that develop with regard to qualimetric regulation; their essential features are identified, and a classification of qualimetric legal relations is provided. It is argued that qualimetric law is a subbranch of conditional law, its subject and system are defined. The expected positive effect that will result from the institutionalization of qualimetric law is predicted.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135158107","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.17072/1995-4190-2023-61-479-498
E. E. Frolova, E. V. Kupchina
Introduction: the article is devoted to the analysis of digital tools, namely blockchain and artificial intelligence systems, used to protect the rights and legitimate interests of authors on the Internet; the focus of the study is on the application of these technologies as auxiliary tools in international commercial arbitration. The concept of Intellectual Property (IP) has been around for centuries. The established practices in creators’ protection, sharing of created works, transfer, and licensing were developed based on the ‘analog world’ of printing presses and labor-intensive manufacturing. The active development of information and communication technologies has changed the situation radically. In the era of global digitalization and the rapid spread of the Internet, cases of illegal use, copying, and distribution of protected objects of intellectual property have reached colossal proportions, which poses a threat not only to the authors themselves but also to global economic development in general. This situation leads to a large number of disputes, both national and cross-border, in the field of protection of rights to the intellectual activity results. Purpose: to analyze the impact of digitalization processes on violations arising in relation to intellectual property objects on the Internet; to identify the possible consequences of the development and implementation of artificial intelligence and blockchain systems for the effective protection of rights to the results of intellectual activity by international commercial arbitrations. Methods: empirical methods of comparison, description, interpretation; general and special scientific methods, including theoretical, formal-legal, methods of analysis and synthesis. Results: the study shows that global digitalization has significantly reduced the ability of creators and copyright holders to control the use of the results of intellectual activity and, in some cases, their ability to obtain information about how their works are used and their efforts are compensated for. As a result, at present the objects of legal protection do not serve the interests of the creators and copyright holders, which gives rise to a large number of disputes. Conclusions: the use of blockchain technologies and artificial intelligence by international commercial arbitrations in resolving disputes in the field of intellectual property helps to reduce the time necessary to obtain the requested data and to transfer documents and evidence, which assuredly reduces the possibilities of compromising justice. Existing databases of registered intellectual property objects based on blockchain technology protect the rights of the owner by tracking the timestamp and activity of the right holder, which helps to prevent any cases of violation of rights. In addition, blockchain and artificial intelligence technologies allow performing a number of tasks, such as digitization of existing paper systems, automation of document fili
{"title":"DIGITAL TOOLS FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS: A CASE STUDY OF BLOCKCHAIN AND ARTIFICIAL INTELLIGENCE","authors":"E. E. Frolova, E. V. Kupchina","doi":"10.17072/1995-4190-2023-61-479-498","DOIUrl":"https://doi.org/10.17072/1995-4190-2023-61-479-498","url":null,"abstract":"Introduction: the article is devoted to the analysis of digital tools, namely blockchain and artificial intelligence systems, used to protect the rights and legitimate interests of authors on the Internet; the focus of the study is on the application of these technologies as auxiliary tools in international commercial arbitration. The concept of Intellectual Property (IP) has been around for centuries. The established practices in creators’ protection, sharing of created works, transfer, and licensing were developed based on the ‘analog world’ of printing presses and labor-intensive manufacturing. The active development of information and communication technologies has changed the situation radically. In the era of global digitalization and the rapid spread of the Internet, cases of illegal use, copying, and distribution of protected objects of intellectual property have reached colossal proportions, which poses a threat not only to the authors themselves but also to global economic development in general. This situation leads to a large number of disputes, both national and cross-border, in the field of protection of rights to the intellectual activity results. Purpose: to analyze the impact of digitalization processes on violations arising in relation to intellectual property objects on the Internet; to identify the possible consequences of the development and implementation of artificial intelligence and blockchain systems for the effective protection of rights to the results of intellectual activity by international commercial arbitrations. Methods: empirical methods of comparison, description, interpretation; general and special scientific methods, including theoretical, formal-legal, methods of analysis and synthesis. Results: the study shows that global digitalization has significantly reduced the ability of creators and copyright holders to control the use of the results of intellectual activity and, in some cases, their ability to obtain information about how their works are used and their efforts are compensated for. As a result, at present the objects of legal protection do not serve the interests of the creators and copyright holders, which gives rise to a large number of disputes. Conclusions: the use of blockchain technologies and artificial intelligence by international commercial arbitrations in resolving disputes in the field of intellectual property helps to reduce the time necessary to obtain the requested data and to transfer documents and evidence, which assuredly reduces the possibilities of compromising justice. Existing databases of registered intellectual property objects based on blockchain technology protect the rights of the owner by tracking the timestamp and activity of the right holder, which helps to prevent any cases of violation of rights. In addition, blockchain and artificial intelligence technologies allow performing a number of tasks, such as digitization of existing paper systems, automation of document fili","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135158900","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.17072/1995-4190-2023-61-521-539
Е. Е. Shatailyuk
Introduction: the article analyzes the defendant’s silence models in foreign states (England and Wales, Ireland, the United States, the Netherlands, Belgium) and in Russia, with a focus on the evidence thresholds that allow drawing adverse inferences from the accused’s refusal or failure to answer questions as well as on the scope of these inferences. The historical retrospective of the issue and the development of international standards permitting the use of silence for evidentiary purposes are explored. The purpose of the paper is to study the legislation and law enforcement practice of the selected countries with regard to the conditions under which adverse inferences can be drawn from the defendant’s silence. Methods: general scientific methods of analysis, synthesis, analogy, and interpretation; comparative legal, formal legal, and axiological methods. Results: the author identifies the categories (groups) of crimes to which provisions on adverse inferences are applicable and indicates the guarantees designed to compensate for the limitation of the right to remain silent. The implementation of such guarantees in Russian legislation and their practical application are analyzed. The author outlines the possible negative scenarios for criminal process in Russia in cases where ambush defenses are raised. The experience of Belgium and the Netherlands in investigating stand-alone money laundering exemplifies the algorithm of using the indirect method of proof and demonstrates the role of the defendant’s failure to clarify the origin of an asset suspected to originate from an illegal source as corroborative evidence. Conclusions: while the presumption of innocence is a universal principle, the legal approaches to adverse inference from the defendant’s silence differ from state to state. Attaching the evidentiary importance to the accused’s silence does not violate the right to a fair trial, subject to compliance with the safeguards. The attitude to the evidentiary value of the defendant’s silence in Russia is to be changed due to the known difficulties of prosecution for profit-driven crimes.
{"title":"THE DEFENDANT’S SILENCE UNDER THE CRIMINAL PROCEDURE LAW OF RUSSIA AND FOREIGN JURISDICTIONS","authors":"Е. Е. Shatailyuk","doi":"10.17072/1995-4190-2023-61-521-539","DOIUrl":"https://doi.org/10.17072/1995-4190-2023-61-521-539","url":null,"abstract":"Introduction: the article analyzes the defendant’s silence models in foreign states (England and Wales, Ireland, the United States, the Netherlands, Belgium) and in Russia, with a focus on the evidence thresholds that allow drawing adverse inferences from the accused’s refusal or failure to answer questions as well as on the scope of these inferences. The historical retrospective of the issue and the development of international standards permitting the use of silence for evidentiary purposes are explored. The purpose of the paper is to study the legislation and law enforcement practice of the selected countries with regard to the conditions under which adverse inferences can be drawn from the defendant’s silence. Methods: general scientific methods of analysis, synthesis, analogy, and interpretation; comparative legal, formal legal, and axiological methods. Results: the author identifies the categories (groups) of crimes to which provisions on adverse inferences are applicable and indicates the guarantees designed to compensate for the limitation of the right to remain silent. The implementation of such guarantees in Russian legislation and their practical application are analyzed. The author outlines the possible negative scenarios for criminal process in Russia in cases where ambush defenses are raised. The experience of Belgium and the Netherlands in investigating stand-alone money laundering exemplifies the algorithm of using the indirect method of proof and demonstrates the role of the defendant’s failure to clarify the origin of an asset suspected to originate from an illegal source as corroborative evidence. Conclusions: while the presumption of innocence is a universal principle, the legal approaches to adverse inference from the defendant’s silence differ from state to state. Attaching the evidentiary importance to the accused’s silence does not violate the right to a fair trial, subject to compliance with the safeguards. The attitude to the evidentiary value of the defendant’s silence in Russia is to be changed due to the known difficulties of prosecution for profit-driven crimes.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"152 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135159168","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.17072/1995-4190-2023-59-6-23
A.A. Aryamov, V.V. Kulakov
Introduction: many modern legal institutions were originated and developed significantly in the law of the Italian city-states in the medieval period, which makes it important to study individual sources of medieval Italian law. Purpose: to introduce into scientific discourse the historical and legal doctrine of the Amalfi Code, which is a documentary monument of the 11th century. Objectives: to translate the available text of this document from the lingua franca; to describe the historical background of its creation; to establish the relationship between custom and statutory law in the legal practices of medieval Italy (through the example of the city of Amalfi); to perform institutional analysis of the text; to determine the relationship of private law and public law provisions; to assess the influence of the Amalfi Code’s legacy on the modern Russian legal framework. Methods: the universal dialectical-materialistic method of scientific cognition; deterministic, logical, and historical methods (the last one as formulated by the ancient historian Thucydides, involving the study of the prerequisites, economic and socio-geographical background, driving forces, subsequent influence of historical events). Results: the paper introduces the Amalfi Code into scientific legal discourse; the content of its text is explained in the context of historical events preceding, accompanying, and following the creation of this legal act. Its corresponding connections with Roman law, Arabic law, legal customs, and the medieval practice of law enforcement are studied. The legal institutions that were formalized in the document are analyzed through the prism of a symbiosis of the provisions of private and public law. From the perspective of ideas about the spiral process of social evolution, this phenomenon is currently manifested in the design of the national anti-corruption policy model in Russia: one of the most effective countermeasures aimed against such a criminal law phenomenon as corruption is appropriation of civil servants’ assets burdened with a defect in declaring that is performed under civil law (see subitem 8 of Item 2 of Article 235 of the Civil Code of the Russian Federation). The paper provides an analysis of the views of medieval jurists on the institution of financial insolvency/bankruptcy as a type of highly qualified fraud; parallels with this phenomenon in the modern Russian legal space are drawn. Conclusion: the study of the Amalfi Code made it possible to identify trends and patterns in the evolution of the legal system of the medieval thalassocratic city-states and to extrapolate them to modern legal realities.
{"title":"THE AMALFI CODE (TABULA AMALFITANA): PUBLIC LAW PROVISIONS OF PRIVATE LAW ORIGIN","authors":"A.A. Aryamov, V.V. Kulakov","doi":"10.17072/1995-4190-2023-59-6-23","DOIUrl":"https://doi.org/10.17072/1995-4190-2023-59-6-23","url":null,"abstract":"Introduction: many modern legal institutions were originated and developed significantly in the law of the Italian city-states in the medieval period, which makes it important to study individual sources of medieval Italian law. Purpose: to introduce into scientific discourse the historical and legal doctrine of the Amalfi Code, which is a documentary monument of the 11th century. Objectives: to translate the available text of this document from the lingua franca; to describe the historical background of its creation; to establish the relationship between custom and statutory law in the legal practices of medieval Italy (through the example of the city of Amalfi); to perform institutional analysis of the text; to determine the relationship of private law and public law provisions; to assess the influence of the Amalfi Code’s legacy on the modern Russian legal framework. Methods: the universal dialectical-materialistic method of scientific cognition; deterministic, logical, and historical methods (the last one as formulated by the ancient historian Thucydides, involving the study of the prerequisites, economic and socio-geographical background, driving forces, subsequent influence of historical events). Results: the paper introduces the Amalfi Code into scientific legal discourse; the content of its text is explained in the context of historical events preceding, accompanying, and following the creation of this legal act. Its corresponding connections with Roman law, Arabic law, legal customs, and the medieval practice of law enforcement are studied. The legal institutions that were formalized in the document are analyzed through the prism of a symbiosis of the provisions of private and public law. From the perspective of ideas about the spiral process of social evolution, this phenomenon is currently manifested in the design of the national anti-corruption policy model in Russia: one of the most effective countermeasures aimed against such a criminal law phenomenon as corruption is appropriation of civil servants’ assets burdened with a defect in declaring that is performed under civil law (see subitem 8 of Item 2 of Article 235 of the Civil Code of the Russian Federation). The paper provides an analysis of the views of medieval jurists on the institution of financial insolvency/bankruptcy as a type of highly qualified fraud; parallels with this phenomenon in the modern Russian legal space are drawn. Conclusion: the study of the Amalfi Code made it possible to identify trends and patterns in the evolution of the legal system of the medieval thalassocratic city-states and to extrapolate them to modern legal realities.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135105067","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.17072/1995-4190-2023-61-390-402
A. A. Vasilev, S. Groysman, Ya. Stoilov, Yu. V. Pechatnova
Introduction: the article analyzes the conceptual problem of the formation of the ‘law on laws’, evaluates different approaches to the study of the system of normative legal acts, formulates the prerequisites for the uniform legal regulation of the hierarchy of sources of law. Purpose and objectives: the aim of the study is a legislative and doctrinal analysis of Russian and Bulgarian law from the perspective of the development of the law on normative legal acts. To this end, the authors set the following research tasks: firstly, to study the hierarchy of law as a conceptual problem and object of legal regulation; secondly, to study the problem of the status of judicial sources; thirdly, to research the place of doctrine in the hierarchy of law; fourthly, to analyze legislative regulation of the hierarchy of law through the prism of application of doctrinal developments. Results: the article discusses various bills aimed at legal regulation of sources of law (1996, 2014, 2021). The authors analyze the Bulgarian law of 1973 ‘On Normative Legal Acts’, which is one of the earliest and most famous ‘laws on laws’ in Eastern Europe, as a positive experience of legal regulation of the hierarchy and system of normative legal acts. The paper describes the general characteristics of the systems of normative legal acts in Russia and Bulgaria. Similar features include the priority place of constitutional acts in the system of normative legal acts, the problem of interaction between international and domestic law, the essential importance of judicial practice for the development of legal systems, the secondary position of legal doctrine, discrepancies in the principles of law, controversial issues of the recognition of legal custom, etc. The authors analyze related problems of sources of law, the role of legal doctrine, the relationship between domestic and international law.
{"title":"HIERARCHY OF RUSSIAN LAW SOURCES: AN ANALYSIS OF LEGISLATION AND DOCTRINE THROUGH THE COMPARATIVE LEGAL PRISM OF BULGARIAN LAW","authors":"A. A. Vasilev, S. Groysman, Ya. Stoilov, Yu. V. Pechatnova","doi":"10.17072/1995-4190-2023-61-390-402","DOIUrl":"https://doi.org/10.17072/1995-4190-2023-61-390-402","url":null,"abstract":"Introduction: the article analyzes the conceptual problem of the formation of the ‘law on laws’, evaluates different approaches to the study of the system of normative legal acts, formulates the prerequisites for the uniform legal regulation of the hierarchy of sources of law. Purpose and objectives: the aim of the study is a legislative and doctrinal analysis of Russian and Bulgarian law from the perspective of the development of the law on normative legal acts. To this end, the authors set the following research tasks: firstly, to study the hierarchy of law as a conceptual problem and object of legal regulation; secondly, to study the problem of the status of judicial sources; thirdly, to research the place of doctrine in the hierarchy of law; fourthly, to analyze legislative regulation of the hierarchy of law through the prism of application of doctrinal developments. Results: the article discusses various bills aimed at legal regulation of sources of law (1996, 2014, 2021). The authors analyze the Bulgarian law of 1973 ‘On Normative Legal Acts’, which is one of the earliest and most famous ‘laws on laws’ in Eastern Europe, as a positive experience of legal regulation of the hierarchy and system of normative legal acts. The paper describes the general characteristics of the systems of normative legal acts in Russia and Bulgaria. Similar features include the priority place of constitutional acts in the system of normative legal acts, the problem of interaction between international and domestic law, the essential importance of judicial practice for the development of legal systems, the secondary position of legal doctrine, discrepancies in the principles of law, controversial issues of the recognition of legal custom, etc. The authors analyze related problems of sources of law, the role of legal doctrine, the relationship between domestic and international law.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135159152","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.17072/1995-4190-2023-60-215-230
G. N. Eyrian
Introduction: the development of legislation in the field of non-stationary retail trade in general and the use of public lands or land plots for the placement of non-stationary retail facilities (NSRFs) in particular have long been under the attention of the legislator. Several bills were drafted for this purpose, which, however, were subsequently rejected. The search for a model of legal regulation of the use of public lands or land plots for the placement of NSRFs resulted in supplementing the Land Code of the Russian Federation with Chapter V.6. To regulate the relations in question, the legislator introduced an original construction of titleless use of public lands or land plots, which has not yet received an unambiguous assessment from both researchers and law enforcers. Purpose: to provide scientific and theoretical substantiation of the need to regulate the analyzed relations within the framework of land legislation on the basis of a civil contract of lease. Methods: general scientific methods (method of formal and dialectical logic; methods of comparison, description, interpretation) and special scientific methods (formal legal; grammatical, historical, systematic, logical, and teleological interpretation of legal norms). Result: relations on the placement of NSRFs on public lands or land plots are, according to the author, unreasonably excluded from the scope of the Land Code of the Russian Federation. The regulation of these relations in Federal Law No. 381-FZ ‘On the Basic Principles of State Regulation of Trading Activities in the Russian Federation’ not only did not simplify the procedure and conditions for using public lands or land plots for the placement of NSRFs but turned out to be practically unrealizable. Currently, the procedure and conditions for the placement of NSRFs on public lands or plots are mainly regulated by the constituent entities of the Russian Federation, whose acts allow for variability in the legal formalization of relations in these cases. Contrary to the provisions of Item 1 of Article 39.36 of the Land Code of the Russian Federation, the relations on the placement of NSRFs on public lands or land plots are mediated not by the scheme of placement, but by a contract for an NSRF placement or lease. Comparing these contracts, the author finds no grounds for classifying the contract for the placement of an NSRF as a separate type of contract (non-typed contract). Given the above, the regulation of the relations in question should be carried out under the Land Code of the Russian Federation by providing land plots, their parts as well as lands for lease.
{"title":"THE USE OF PUBLIC LANDS OR LAND PLOTS FOR THE PLACEMENT OF NON-STATIONARY RETAIL FACILITIES","authors":"G. N. Eyrian","doi":"10.17072/1995-4190-2023-60-215-230","DOIUrl":"https://doi.org/10.17072/1995-4190-2023-60-215-230","url":null,"abstract":"Introduction: the development of legislation in the field of non-stationary retail trade in general and the use of public lands or land plots for the placement of non-stationary retail facilities (NSRFs) in particular have long been under the attention of the legislator. Several bills were drafted for this purpose, which, however, were subsequently rejected. The search for a model of legal regulation of the use of public lands or land plots for the placement of NSRFs resulted in supplementing the Land Code of the Russian Federation with Chapter V.6. To regulate the relations in question, the legislator introduced an original construction of titleless use of public lands or land plots, which has not yet received an unambiguous assessment from both researchers and law enforcers. Purpose: to provide scientific and theoretical substantiation of the need to regulate the analyzed relations within the framework of land legislation on the basis of a civil contract of lease. Methods: general scientific methods (method of formal and dialectical logic; methods of comparison, description, interpretation) and special scientific methods (formal legal; grammatical, historical, systematic, logical, and teleological interpretation of legal norms). Result: relations on the placement of NSRFs on public lands or land plots are, according to the author, unreasonably excluded from the scope of the Land Code of the Russian Federation. The regulation of these relations in Federal Law No. 381-FZ ‘On the Basic Principles of State Regulation of Trading Activities in the Russian Federation’ not only did not simplify the procedure and conditions for using public lands or land plots for the placement of NSRFs but turned out to be practically unrealizable. Currently, the procedure and conditions for the placement of NSRFs on public lands or plots are mainly regulated by the constituent entities of the Russian Federation, whose acts allow for variability in the legal formalization of relations in these cases. Contrary to the provisions of Item 1 of Article 39.36 of the Land Code of the Russian Federation, the relations on the placement of NSRFs on public lands or land plots are mediated not by the scheme of placement, but by a contract for an NSRF placement or lease. Comparing these contracts, the author finds no grounds for classifying the contract for the placement of an NSRF as a separate type of contract (non-typed contract). Given the above, the regulation of the relations in question should be carried out under the Land Code of the Russian Federation by providing land plots, their parts as well as lands for lease.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135158110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.17072/1995-4190-2023-59-159-181
L. Kazemi Shariat Panahi
Introduction: the nature of obligations varies in terms of compliance and liability. This point can be aptly illustrated in the case of Iran’s nuclear programme since Iran opted not to cooperate in presenting guarantees verifying that its nuclear programme would be peaceful. In the case of Iran’s nuclear programme, each significant actor has had its own instrument to deal with the problem of verifying the peaceful nature of Iran’s nuclear activities. Purpose: the paper aims to examine the relationship between legal obligations and state rights while studying the relations and cooperation between legal actors of significance contributing to the case of Iran’s nuclear programme. Methods: the author employed descriptive and qualitative analyses to study the content of legal documents and discover the correlations and dependencies. Results: the research has established that the assessments and resolutions on the case of Iran’s nuclear programme have been based on probability and assumptions, not on concrete evidence. The legal actors have failed to achieve a full balance between the rights and obligations. Conclusion: there is a need for new multilateral agreements to introduce legal obligations and commitments compatible with present circumstances and predictably flexible for monitoring of the developing situation while preserving Iran’s sovereign rights.
{"title":"LEGAL OBLIGATIONS AND SOVEREIGN RIGHTS: THE CASE OF IRAN'S NUCLEAR PROGRAMME","authors":"L. Kazemi Shariat Panahi","doi":"10.17072/1995-4190-2023-59-159-181","DOIUrl":"https://doi.org/10.17072/1995-4190-2023-59-159-181","url":null,"abstract":"Introduction: the nature of obligations varies in terms of compliance and liability. This point can be aptly illustrated in the case of Iran’s nuclear programme since Iran opted not to cooperate in presenting guarantees verifying that its nuclear programme would be peaceful. In the case of Iran’s nuclear programme, each significant actor has had its own instrument to deal with the problem of verifying the peaceful nature of Iran’s nuclear activities. Purpose: the paper aims to examine the relationship between legal obligations and state rights while studying the relations and cooperation between legal actors of significance contributing to the case of Iran’s nuclear programme. Methods: the author employed descriptive and qualitative analyses to study the content of legal documents and discover the correlations and dependencies. Results: the research has established that the assessments and resolutions on the case of Iran’s nuclear programme have been based on probability and assumptions, not on concrete evidence. The legal actors have failed to achieve a full balance between the rights and obligations. Conclusion: there is a need for new multilateral agreements to introduce legal obligations and commitments compatible with present circumstances and predictably flexible for monitoring of the developing situation while preserving Iran’s sovereign rights.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135105748","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.17072/1995-4190-2023-59-97-120
N.V. Zaytseva
Introduction: the article discusses the formation of behavioral standards, ways of their implementation, and their effect on the structure of legal relations. Behavior, inextricably linked with a legal relationship participant’s psycho-emotional component, becomes the basis for the external and internal differentiation of legal relations, in which the behavioral factor is subject to legal characterization in various aspects. In the consideration of private law disputes, characterization of behavior often predetermines the emergence of special legal principles, including reasonableness, prudence, due care. Purpose: to identify the influence of behavior and subjective perception of participants in legal relations on the differentiation of legal relations as well as on their relationship with the principles of private law, to determine the points of interdependence. Methods: deduction and induction; empirical methods of comparison, interpretation, and other general scientific methods; special scientific methods: historical, comparative legal methods, system analysis. Results: the analysis of judicial practice and scientific research works showed the need to determine the nature the behavior of the participants in a legal relationship through the prism of identifying and characterizing the elements of the subjective factor. Chaotic approaches, indicating the absence of a generally recognized understanding of the priority of the principles of law, methods of assessment and a mechanism for taking into account the behavioral component as well as the forms of their influence on civil legal relations, hinder the formation of uniform judicial positions, which, in turn, significantly reduces the effectiveness of the protection of violated and contested rights of individuals and legal entities and negatively affects the stability and development of civil circulation. Conclusions: the article proposes a new approach to determining the nature of the actions of participants in civil legal relations through the prism of standards of conduct that embody the concept of ‘behavior of the good party’ (‘correct behavior’), according to which a legal rule, with the use of various methods of legal technique, forms a certain ‘correct’ (‘ideal’) model of behavior, deviation from which is considered to be a potential ground for bringing the person to responsibility. The paper shows the influence of behavioral standards on the differentiation of legal relations, identifies essential interrelations with legal principles.
{"title":"BEHAVIORAL STANDARDS IN THE SYSTEM OF PRIVATE LAW RELATIONS","authors":"N.V. Zaytseva","doi":"10.17072/1995-4190-2023-59-97-120","DOIUrl":"https://doi.org/10.17072/1995-4190-2023-59-97-120","url":null,"abstract":"Introduction: the article discusses the formation of behavioral standards, ways of their implementation, and their effect on the structure of legal relations. Behavior, inextricably linked with a legal relationship participant’s psycho-emotional component, becomes the basis for the external and internal differentiation of legal relations, in which the behavioral factor is subject to legal characterization in various aspects. In the consideration of private law disputes, characterization of behavior often predetermines the emergence of special legal principles, including reasonableness, prudence, due care. Purpose: to identify the influence of behavior and subjective perception of participants in legal relations on the differentiation of legal relations as well as on their relationship with the principles of private law, to determine the points of interdependence. Methods: deduction and induction; empirical methods of comparison, interpretation, and other general scientific methods; special scientific methods: historical, comparative legal methods, system analysis. Results: the analysis of judicial practice and scientific research works showed the need to determine the nature the behavior of the participants in a legal relationship through the prism of identifying and characterizing the elements of the subjective factor. Chaotic approaches, indicating the absence of a generally recognized understanding of the priority of the principles of law, methods of assessment and a mechanism for taking into account the behavioral component as well as the forms of their influence on civil legal relations, hinder the formation of uniform judicial positions, which, in turn, significantly reduces the effectiveness of the protection of violated and contested rights of individuals and legal entities and negatively affects the stability and development of civil circulation. Conclusions: the article proposes a new approach to determining the nature of the actions of participants in civil legal relations through the prism of standards of conduct that embody the concept of ‘behavior of the good party’ (‘correct behavior’), according to which a legal rule, with the use of various methods of legal technique, forms a certain ‘correct’ (‘ideal’) model of behavior, deviation from which is considered to be a potential ground for bringing the person to responsibility. The paper shows the influence of behavioral standards on the differentiation of legal relations, identifies essential interrelations with legal principles.","PeriodicalId":42087,"journal":{"name":"Vestnik Permskogo Universiteta-Juridicheskie Nauki","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135105059","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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