Pub Date : 1900-01-01DOI: 10.21639/2313-6715.2022.2.1.
V.A. Vitushko
Law ideology of the post-soviet states that have been participating in market conditions of social and economic development and that have declared themselves by the constitution as social may seem equal. However, their law systems are not the same. Development of interstate interaction in the frames of the Union State of Belarus and Russia as well as the EAEU requires deep harmonization of the law systems of those countries. Socialization may serve as institutional platform of the law systems harmonization. The idea of socialization was born in Europe in the end of the XIX century. Its purpose was to curb bourgeois individualism and egoism. Nowadays it has been transformed in the direction of balanced combination of interests of all the layers of the society, its partners and collaboration. When applied to the conditions of the modern state of law systems of the post-soviet states, if we take the civil law as an example, main principles of its socializations are described. There are the following principles that are related to the basis of the subject of the civil law: the unity of property and personal non-property relations; interdisciplinary approach to the regulation of civil relations; intersectional legal regulation of civil relations. The main basics of the methods are the unity of the general scientific and civil legal methodology; solidarity, parity, coordination of rights, obligations and legal interests of the person, second parties and society; individualization and specification of civil relations. Other elements of the system of the civil law should be based on the following principles: interconnection of the institutions and other elements of the system of the civil right; the indissoluble connection of an indefinite number of civil legal relations; unity of civil rights and obligations, permissions, prohibitions and regulations.
{"title":"Formation and Development of Social Law","authors":"V.A. Vitushko","doi":"10.21639/2313-6715.2022.2.1.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.2.1.","url":null,"abstract":"Law ideology of the post-soviet states that have been participating in market conditions of social and economic development and that have declared themselves by the constitution as social may seem equal. However, their law systems are not the same. Development of interstate interaction in the frames of the Union State of Belarus and Russia as well as the EAEU requires deep harmonization of the law systems of those countries. Socialization may serve as institutional platform of the law systems harmonization. The idea of socialization was born in Europe in the end of the XIX century. Its purpose was to curb bourgeois individualism and egoism. Nowadays it has been transformed in the direction of balanced combination of interests of all the layers of the society, its partners and collaboration. When applied to the conditions of the modern state of law systems of the post-soviet states, if we take the civil law as an example, main principles of its socializations are described. There are the following principles that are related to the basis of the subject of the civil law: the unity of property and personal non-property relations; interdisciplinary approach to the regulation of civil relations; intersectional legal regulation of civil relations. The main basics of the methods are the unity of the general scientific and civil legal methodology; solidarity, parity, coordination of rights, obligations and legal interests of the person, second parties and society; individualization and specification of civil relations. Other elements of the system of the civil law should be based on the following principles: interconnection of the institutions and other elements of the system of the civil right; the indissoluble connection of an indefinite number of civil legal relations; unity of civil rights and obligations, permissions, prohibitions and regulations.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122201747","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 : 1900-01-01DOI: 10.21639/2313-6715.2022.1.1.
I. B. Chagin
The article is devoted to the order of organization and implementation of experimental legal regimes in the Russian Federation and foreign countries. The author investigates modern domestic and foreign law enforcement practice of establishing experimental legal regimes in the field of innovative technologies, and using the example of Russian legislation, the mechanism of establishing experimental legal regimes presents the data on initiative proposals in this direction. As criteria for the analysis the peculiarities of normative-legal regulation of the procedure for establishing experimental legal regimes; peculiarities of the circle of persons and the territory of experimental legal regimes; peculiarities of determining the authorized officials and bodies that make decisions on the establishment of experimental legal regimes are highlighted. The question of understanding the order of experimental legal regimes establishment as either a law-making initiative or an administrative procedure is raised. The author substantiates the value of experimental legal regimes, which lies in the possibility to identify the negative consequences of the introduction of innovative technologies on a limited scale. The problem of establishing a balance between the rights and obligations of authorized bodies and persons taking the initiative to establish experimental legal regimes is outlined. The need for theoretical and legal research on the role of the state in the regulation of social relations associated with experimental legal regimes is pointed out.
{"title":"To the Question of Legal Regulation of Organization and Experimental Legal Regimes in the Sphere of Innovative Technologies","authors":"I. B. Chagin","doi":"10.21639/2313-6715.2022.1.1.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.1.1.","url":null,"abstract":"The article is devoted to the order of organization and implementation of experimental legal regimes in the Russian Federation and foreign countries. The author investigates modern domestic and foreign law enforcement practice of establishing experimental legal regimes in the field of innovative technologies, and using the example of Russian legislation, the mechanism of establishing experimental legal regimes presents the data on initiative proposals in this direction. As criteria for the analysis the peculiarities of normative-legal regulation of the procedure for establishing experimental legal regimes; peculiarities of the circle of persons and the territory of experimental legal regimes; peculiarities of determining the authorized officials and bodies that make decisions on the establishment of experimental legal regimes are highlighted. The question of understanding the order of experimental legal regimes establishment as either a law-making initiative or an administrative procedure is raised. The author substantiates the value of experimental legal regimes, which lies in the possibility to identify the negative consequences of the introduction of innovative technologies on a limited scale. The problem of establishing a balance between the rights and obligations of authorized bodies and persons taking the initiative to establish experimental legal regimes is outlined. The need for theoretical and legal research on the role of the state in the regulation of social relations associated with experimental legal regimes is pointed out.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122501062","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 : 1900-01-01DOI: 10.21639/2313-6715.2022.2.9.
N. Egorov
The author analyses the process of proving as gathering, checking, evaluating and using the evidence in the purpose of determining the circumstances that have to be proven. It means that the author views the process of proving somewhat broader than it is cited in the Article 85 of the Criminal Law Code of the Russian Federation. The recording is the second element of the evidence gathering after they have been searched for and found. The author analyses the classification of the evidence recording. It can be of two kinds: obligatory or prescribed by the Criminal Procedure Law and optional or recommended by law (with regard to Criminal Procedure Law); the classification also divide them on subjective or depending on the qualities of the personality of the subject who record the evident. In this case his or her knowledge, skills and professional experience is taken into account. Objective, on the other hand, are based on physical, chemical or other processes (these processes are the basis of the recording). The article pays close attention to the means of the recording of evidence, especially to photo and video recording as these are the graphic ways to record evidence that are frequently used in practice. The author specifies that the content of the systems of methods of forensic and investigative photography implies including into it panoramic shooting, measuring, reproduction, identification photography and macro photography. Modern technical equipment and software for video recording allow to perform high-speed and slow-motion video shooting that can be viewed as special technical means that can be used while conducting examinations and some investigative actions.
{"title":"Criminalistic Aspects of Production of Visual-Figurative Methods of Evidence Recording","authors":"N. Egorov","doi":"10.21639/2313-6715.2022.2.9.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.2.9.","url":null,"abstract":"The author analyses the process of proving as gathering, checking, evaluating and using the evidence in the purpose of determining the circumstances that have to be proven. It means that the author views the process of proving somewhat broader than it is cited in the Article 85 of the Criminal Law Code of the Russian Federation. The recording is the second element of the evidence gathering after they have been searched for and found. The author analyses the classification of the evidence recording. It can be of two kinds: obligatory or prescribed by the Criminal Procedure Law and optional or recommended by law (with regard to Criminal Procedure Law); the classification also divide them on subjective or depending on the qualities of the personality of the subject who record the evident. In this case his or her knowledge, skills and professional experience is taken into account. Objective, on the other hand, are based on physical, chemical or other processes (these processes are the basis of the recording). The article pays close attention to the means of the recording of evidence, especially to photo and video recording as these are the graphic ways to record evidence that are frequently used in practice. The author specifies that the content of the systems of methods of forensic and investigative photography implies including into it panoramic shooting, measuring, reproduction, identification photography and macro photography. Modern technical equipment and software for video recording allow to perform high-speed and slow-motion video shooting that can be viewed as special technical means that can be used while conducting examinations and some investigative actions.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"277 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123427508","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 : 1900-01-01DOI: 10.21639/2313-6715.2019.1.4
A. Korshunov
{"title":"ISSUES OF STORAGE AND DESTRUCTION OF MATERIAL EVIDENCE –NARCOTIC DRUGS","authors":"A. Korshunov","doi":"10.21639/2313-6715.2019.1.4","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.1.4","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123036880","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 : 1900-01-01DOI: 10.21639/2313-6715.2020.3.3
Z. Lambaev
{"title":"On Compensation for Loss of the Right to Housing","authors":"Z. Lambaev","doi":"10.21639/2313-6715.2020.3.3","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.3.3","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120953008","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 : 1900-01-01DOI: 10.21639/2313-6715.2021.4.11.
A. Vasiliev, V. Mukhopad
The article is devoted to the analysis of the legal status of scientific organizations and its legal regulation in the framework of the Federal Law «On Science and State Scientific and Technical Policy». The authors provide statistical data and comprehensively cover the state of scientific organizations in the Russian Federation. The results of the work are the following: theoretical provisions on the concept of a scientific organization, its organizational and legal forms, rights and obligations of a scientific organization as a legal entity, the powers of ownership. A classification of scientific organizations is proposed. From the practical point of view, the study is notable for the selection of imperfections of scientific organizations legal status regulation. The possibility of introducing amendments to the current legislation is investigated: setting the percentage of public and private partnership in the sphere of scientific organizations ownership; introducing the grounds for recognizing a scientific organization of humanitarian direction as a scientific center; amending the list of results of intellectual activity that a scientific organization has the right to contribute to the charter capital of an economic society, etc. The article may be useful in the study of the concept «scientific law» and the legal regulation of science in Russia.
{"title":"Legal Status of Scientific Organizations in the Russian Federation","authors":"A. Vasiliev, V. Mukhopad","doi":"10.21639/2313-6715.2021.4.11.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.4.11.","url":null,"abstract":"The article is devoted to the analysis of the legal status of scientific organizations and its legal regulation in the framework of the Federal Law «On Science and State Scientific and Technical Policy». The authors provide statistical data and comprehensively cover the state of scientific organizations in the Russian Federation. The results of the work are the following: theoretical provisions on the concept of a scientific organization, its organizational and legal forms, rights and obligations of a scientific organization as a legal entity, the powers of ownership. A classification of scientific organizations is proposed. From the practical point of view, the study is notable for the selection of imperfections of scientific organizations legal status regulation. The possibility of introducing amendments to the current legislation is investigated: setting the percentage of public and private partnership in the sphere of scientific organizations ownership; introducing the grounds for recognizing a scientific organization of humanitarian direction as a scientific center; amending the list of results of intellectual activity that a scientific organization has the right to contribute to the charter capital of an economic society, etc. The article may be useful in the study of the concept «scientific law» and the legal regulation of science in Russia.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133638722","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 : 1900-01-01DOI: 10.21639/2313-6715.2021.4.4.
A. Kharitonova
The article is devoted to the identification of signs of such form of civil law behavior as inaction. Based on these signs the author formulates the definition of inaction in civil law. The need for a definition of this concept is due to the absence of the study of this civil law behavior form, as well as its generally accepted interpretation, in the civil doctrine. The author studies general signs of behavior, allocated in the sciences that study human behavior, the study of signs of legal behavior, allocated in the legal science, attempts to interpret these signs in relation to the concept of inaction in civil law, as well as identifies the specifics of such inaction. It is proved that the opinion generally accepted in the legal doctrine, that inaction is a manifestation of passivity, is not confirmed by psychological characteristics of human behavior, and the absence of observable acts of behavior does not indicate the lack of such behavior activity. The stage character of choosing the form of external manifestation of behavioral model is considered and the stages of the process of formation of inaction mechanism in civil law are determined. Following the results of the study the definition of inaction in civil law has been given.
{"title":"Inaction in Civil Law: The Definition of the Concept.","authors":"A. Kharitonova","doi":"10.21639/2313-6715.2021.4.4.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.4.4.","url":null,"abstract":"The article is devoted to the identification of signs of such form of civil law behavior as inaction. Based on these signs the author formulates the definition of inaction in civil law. The need for a definition of this concept is due to the absence of the study of this civil law behavior form, as well as its generally accepted interpretation, in the civil doctrine. The author studies general signs of behavior, allocated in the sciences that study human behavior, the study of signs of legal behavior, allocated in the legal science, attempts to interpret these signs in relation to the concept of inaction in civil law, as well as identifies the specifics of such inaction. It is proved that the opinion generally accepted in the legal doctrine, that inaction is a manifestation of passivity, is not confirmed by psychological characteristics of human behavior, and the absence of observable acts of behavior does not indicate the lack of such behavior activity. The stage character of choosing the form of external manifestation of behavioral model is considered and the stages of the process of formation of inaction mechanism in civil law are determined. Following the results of the study the definition of inaction in civil law has been given.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134123156","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 : 1900-01-01DOI: 10.21639/2313-6715.2019.4.2
V. Katomina
{"title":"JUSTICE AND COMPETITIVENESS AS THE VALUES OF LAW","authors":"V. Katomina","doi":"10.21639/2313-6715.2019.4.2","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.4.2","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131833845","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 : 1900-01-01DOI: 10.21639/2313-6715.2020.4.3
Т.А. Parfenova
The purpose of this study is critical understanding the basic, well-established classification of forms of government used in the theory of the state, in terms of identifying the dualistic monarchy. In the scientific and educational literature, there is no unity and certainty in describing the monarchy of the chosen type: some scientists tend to believe that this is a monarchy conditionally and slightly limited, while others believe that this is the format of a modern monarchy with a strong but limited power of the head of a state by Parliament. Against the background of such discrepancies, the term continues to be actively used. The scientific article calls for the development of a unified approach to understanding the dualistic monarchy as a form of government, where there is a dualism of legislative and executive power: on the one hand, the inherited head of a state concentrates executive power in his hands, on the other hand, there is a legislative body formed by the population, capable to exercise its power independently of the monarch. As an independent type, the author proposes to distinguish a quasi-absolute monarchy, where the head of a state has full executive power and a strong influence on the legislative power in terms of its formation and influence through an absolute veto. A quasi-absolute monarchy is not identical with an absolute monarchy: this study was carried out by the author earlier, and there are relevant references in this work.
{"title":"Dualistic Monarchy: Problems of Identification","authors":"Т.А. Parfenova","doi":"10.21639/2313-6715.2020.4.3","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.4.3","url":null,"abstract":"The purpose of this study is critical understanding the basic, well-established classification of forms of government used in the theory of the state, in terms of identifying the dualistic monarchy. In the scientific and educational literature, there is no unity and certainty in describing the monarchy of the chosen type: some scientists tend to believe that this is a monarchy conditionally and slightly limited, while others believe that this is the format of a modern monarchy with a strong but limited power of the head of a state by Parliament. Against the background of such discrepancies, the term continues to be actively used. The scientific article calls for the development of a unified approach to understanding the dualistic monarchy as a form of government, where there is a dualism of legislative and executive power: on the one hand, the inherited head of a state concentrates executive power in his hands, on the other hand, there is a legislative body formed by the population, capable to exercise its power independently of the monarch. As an independent type, the author proposes to distinguish a quasi-absolute monarchy, where the head of a state has full executive power and a strong influence on the legislative power in terms of its formation and influence through an absolute veto. A quasi-absolute monarchy is not identical with an absolute monarchy: this study was carried out by the author earlier, and there are relevant references in this work.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133285406","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 : 1900-01-01DOI: 10.21639/2313-6715.2020.2.7
I. B. Chagin
{"title":"To the issue of understanding the legal experiment as an exception in law","authors":"I. B. Chagin","doi":"10.21639/2313-6715.2020.2.7","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.2.7","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"524 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116336583","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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