Pub Date : 1900-01-01DOI: 10.21639/2313-6715.2021.4.10.
I. Sereda, S. A. Stupina
The study of certain indicators of modern crime related to the use of information and telecommunication technologies allows us to state a steady growth of cryptocurrencies both globally and in Russia. In the Russian Federation a legal and regulatory framework for the regulation of digital rights is actively forming, but the criminal law means, which are important for the prevention of cryptocrime, need to be adjusted, because in light of the emerging trend of commercialization and informatization of crime, primarily – transnational organized crime – the areas of criminal use of digital currency are constantly expanding. The article provides analytical data of companies conducting research in the field of cryptocurrency and blockchain, analyzes the areas of criminal use of cryptocurrency, provides an overview of existing criminal law means of combating these crimes, considers the problems of criminal liability for such crimes related to cryptocurrency as legalization (laundering) of money or other property acquired by a person as a result of his crime or acquired by other persons by criminal means; stealing and expropriation of funds or other property. On the basis of a comprehensive analysis of individual features of these corpus delicti the authors formulate possible options to improve the criminal law means of combating the use of cryptocurrency for criminal purposes.
{"title":"The Potential of Criminal Legislation in the Field of Counteraction to Crimes Related to Cryptocurrency","authors":"I. Sereda, S. A. Stupina","doi":"10.21639/2313-6715.2021.4.10.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.4.10.","url":null,"abstract":"The study of certain indicators of modern crime related to the use of information and telecommunication technologies allows us to state a steady growth of cryptocurrencies both globally and in Russia. In the Russian Federation a legal and regulatory framework for the regulation of digital rights is actively forming, but the criminal law means, which are important for the prevention of cryptocrime, need to be adjusted, because in light of the emerging trend of commercialization and informatization of crime, primarily – transnational organized crime – the areas of criminal use of digital currency are constantly expanding. The article provides analytical data of companies conducting research in the field of cryptocurrency and blockchain, analyzes the areas of criminal use of cryptocurrency, provides an overview of existing criminal law means of combating these crimes, considers the problems of criminal liability for such crimes related to cryptocurrency as legalization (laundering) of money or other property acquired by a person as a result of his crime or acquired by other persons by criminal means; stealing and expropriation of funds or other property. On the basis of a comprehensive analysis of individual features of these corpus delicti the authors formulate possible options to improve the criminal law means of combating the use of cryptocurrency for criminal purposes.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"31 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":"114640792","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: 10.21639/2313-6715.2020.2.5
T. Afanasieva, O. Firsova
{"title":"Legal nature of the prosecutor's conclusion in civil and administrative proceedings","authors":"T. Afanasieva, O. Firsova","doi":"10.21639/2313-6715.2020.2.5","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.2.5","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"9 3 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":"116788370","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: 10.21639/2313-6715.2022.1.8.
A. Sergeeva
The article examines the main stages of the formation of the criminal law prohibition, which guarantees the maintenance of a correct form of communication when participating in court proceedings. Provisions on liability for contempt of court have undergone a long evolutionary period, in the course of which the need for the existence of special legal consequences arising in connection with insulting behavior towards judges and other participants of judicial proceedings was stated. In fact, their development accompanied the formation of judicial power in Russia. Exercising justice is an important way to resolve conflicts, as a consequence of which the current legislation establishes a special procedure for participation in court proceedings. This procedure is based on respect for the attributes of judicial power. Insulting the participants of judicial proceedings grossly contradicts the generally accepted norms of behavior in society, attacks the authority of the court, as well as the persons endowed with the status of a judge. As an intentional crime, contempt of court is accompanied by humiliation of honor and dignity of judges and other participants of court proceedings. At the same time, it has a relative prevalence, excluding both the need for decriminalization and absorption by other provisions of the law protecting the honor and dignity of the individual.
{"title":"Genesis and Prospects of Legal Regulation of the Liability Institution for Contempt of Court","authors":"A. Sergeeva","doi":"10.21639/2313-6715.2022.1.8.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.1.8.","url":null,"abstract":"The article examines the main stages of the formation of the criminal law prohibition, which guarantees the maintenance of a correct form of communication when participating in court proceedings. Provisions on liability for contempt of court have undergone a long evolutionary period, in the course of which the need for the existence of special legal consequences arising in connection with insulting behavior towards judges and other participants of judicial proceedings was stated. In fact, their development accompanied the formation of judicial power in Russia. Exercising justice is an important way to resolve conflicts, as a consequence of which the current legislation establishes a special procedure for participation in court proceedings. This procedure is based on respect for the attributes of judicial power. Insulting the participants of judicial proceedings grossly contradicts the generally accepted norms of behavior in society, attacks the authority of the court, as well as the persons endowed with the status of a judge. As an intentional crime, contempt of court is accompanied by humiliation of honor and dignity of judges and other participants of court proceedings. At the same time, it has a relative prevalence, excluding both the need for decriminalization and absorption by other provisions of the law protecting the honor and dignity of the individual.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"6 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":"126186390","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: 10.21639/2313-6715.2021.2.14.
K. Golubenko
The article substantiates the need to improve legal procedures in the framework of non-judicial forms of protection in enforcement proceedings (appeals by way of subordination and the prosecutor's office). The following specific measures are proposed: an introduction of a mandatory suspension of enforcement proceedings in the case of substantial grounds to assume that a gross violation of the applicant's rights was committed; a clarification of the terms for consideration and elimination of violations; an indication of the respectfulness of skipping the deadlines for applying to the court in the case of an appeal against decisions, actions (inactions) of bailiffs to the prosecutor's office; a mandatory account of violations identified during the prosecutor's check, when considering complaints in the chain of subordination. The proposed measures will make it possible to ensure the rights and interests enforcement proceedings parties to a greater extent, especially in cases where there are substantial grounds to assume gross violations of their rights. In addition, their implementation will contribute to more rapid complaints handling and will minimize the risks of abuse by bailiffs, including in terms of deliberately «delaying» the terms of complaints handling and ignoring the position of the highest judicial authorities. Ultimately, the implementation of the proposed measures will bring the procedures for appealing decisions, actions (inaction) of bailiffs to a qualitatively new level, as well as reduce the burden on the judiciary and social tension.
{"title":"Jurisdictional Non-Judicial Forms of Protection In Enforcement Proceedings: Regulatory Challenges and Solutions","authors":"K. Golubenko","doi":"10.21639/2313-6715.2021.2.14.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.2.14.","url":null,"abstract":"The article substantiates the need to improve legal procedures in the framework of non-judicial forms of protection in enforcement proceedings (appeals by way of subordination and the prosecutor's office). The following specific measures are proposed: an introduction of a mandatory suspension of enforcement proceedings in the case of substantial grounds to assume that a gross violation of the applicant's rights was committed; a clarification of the terms for consideration and elimination of violations; an indication of the respectfulness of skipping the deadlines for applying to the court in the case of an appeal against decisions, actions (inactions) of bailiffs to the prosecutor's office; a mandatory account of violations identified during the prosecutor's check, when considering complaints in the chain of subordination. The proposed measures will make it possible to ensure the rights and interests enforcement proceedings parties to a greater extent, especially in cases where there are substantial grounds to assume gross violations of their rights. In addition, their implementation will contribute to more rapid complaints handling and will minimize the risks of abuse by bailiffs, including in terms of deliberately «delaying» the terms of complaints handling and ignoring the position of the highest judicial authorities. Ultimately, the implementation of the proposed measures will bring the procedures for appealing decisions, actions (inaction) of bailiffs to a qualitatively new level, as well as reduce the burden on the judiciary and social tension.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"40 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":"129840690","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: 10.21639/2313-6715.2022.3.4.
A. A. Dergunov
he article analyses such an ambiguous legislative category as «preemptive right». The author of the article remarks that preemptive right is included in the system of legal advantages because it represents the opportunity to receive benefits that is legally fixed by the state. The author, taking a doctrinal system of legal advantages as an example, compares it with the elements that build this system. The author analyses the comparison of preemptive right with the privilege, the benefit, the immunity and the special legal procedure. The article emphasizes that the first three kinds of legal advantages serve as exemptions to this rule. Preemptive right and the special legal procedure, in their turns, are not exemptions from the rule. Rather they represent special rules that serve as addition to the main ones. Besides, the author expresses disagreement with the point of view that denies the autonomy of preemptive rule. According to this point, preemptive right is viewed as another kind of special legal procedure. The author emphasizes the qualities that are intrinsic to preemptive right and that allow to differentiate it from the special legal procedure and from its subtype – the special order. The article by purpose mentions numerous examples from the existing legislation. They illustrate the position of the author with respect to the place and the role of preemptive right in the system of legal advantages.
{"title":"Preemptive Rights in the System of Legal Advantages: Aspects of the Ratio","authors":"A. A. Dergunov","doi":"10.21639/2313-6715.2022.3.4.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.3.4.","url":null,"abstract":"he article analyses such an ambiguous legislative category as «preemptive right». The author of the article remarks that preemptive right is included in the system of legal advantages because it represents the opportunity to receive benefits that is legally fixed by the state. The author, taking a doctrinal system of legal advantages as an example, compares it with the elements that build this system. The author analyses the comparison of preemptive right with the privilege, the benefit, the immunity and the special legal procedure. The article emphasizes that the first three kinds of legal advantages serve as exemptions to this rule. Preemptive right and the special legal procedure, in their turns, are not exemptions from the rule. Rather they represent special rules that serve as addition to the main ones. Besides, the author expresses disagreement with the point of view that denies the autonomy of preemptive rule. According to this point, preemptive right is viewed as another kind of special legal procedure. The author emphasizes the qualities that are intrinsic to preemptive right and that allow to differentiate it from the special legal procedure and from its subtype – the special order. The article by purpose mentions numerous examples from the existing legislation. They illustrate the position of the author with respect to the place and the role of preemptive right in the system of legal advantages.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"1 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":"129538617","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: 10.21639/2313-6715.2021.3.3.
М.S. Кrokhina
Control within the framework of the preliminary contract is aimed at preventive identification of possible obstacles to the proper performance of the obligations assumed by the counterparty to the conclusion of the main transaction. Verification provides (inter alia) information certainty of commodity circulation participants, allowing minimizing the risks of non-performance or improper performance of future obligations. It is proposed, applying the law analogy, to provide a regulatory rule giving the party to the preliminary contract an opportunity to refuse to perform the contract in case of establishing (by the results of the control) that the obligation to conclude the main contract will not be performed by the counterparty within the time-frame. It seems that this rule will have a regulatory function, encouraging the parties to the preliminary contract to organize proper control so that, on the one hand, to ensure the proper exchange of information, on the other hand – to prevent unwarranted interference in the economic activities of the counterparty. In this case, the unreasonable refusal of a party to a preliminary contract to provide the counterparty with an opportunity to exercise control (to provide the necessary information, property for inspection) should be regarded as a lack of interest or even intentional obstruction of the preliminary contract purpose achievement. The recognition of such dishonest behavior of a person as evasion from entering into a basic civil-law relation allows us to talk about the possibility of application of operative measures of influence by a competent subject.
{"title":"Control in a preliminary contract: the problem of fixing and implementing the right","authors":"М.S. Кrokhina","doi":"10.21639/2313-6715.2021.3.3.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.3.3.","url":null,"abstract":"Control within the framework of the preliminary contract is aimed at preventive identification of possible obstacles to the proper performance of the obligations assumed by the counterparty to the conclusion of the main transaction. Verification provides (inter alia) information certainty of commodity circulation participants, allowing minimizing the risks of non-performance or improper performance of future obligations. It is proposed, applying the law analogy, to provide a regulatory rule giving the party to the preliminary contract an opportunity to refuse to perform the contract in case of establishing (by the results of the control) that the obligation to conclude the main contract will not be performed by the counterparty within the time-frame. It seems that this rule will have a regulatory function, encouraging the parties to the preliminary contract to organize proper control so that, on the one hand, to ensure the proper exchange of information, on the other hand – to prevent unwarranted interference in the economic activities of the counterparty. In this case, the unreasonable refusal of a party to a preliminary contract to provide the counterparty with an opportunity to exercise control (to provide the necessary information, property for inspection) should be regarded as a lack of interest or even intentional obstruction of the preliminary contract purpose achievement. The recognition of such dishonest behavior of a person as evasion from entering into a basic civil-law relation allows us to talk about the possibility of application of operative measures of influence by a competent subject.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"42 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":"127095735","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: 10.21639/2313-6715.2022.2.7.
A.G. Martseniuk
The important aspect while considering the bankruptcy of citizens represents issues that rise while realization of dwelling, in particular, when this dwelling is the only place of living that belong to the family of the bankrupt person. This dwelling is also the only place suitable for living for such family. In spite of the existing regulation of exclusion of such residential premises from the contest lot of premises when the dwelling is taken from the debtor. Representatives of the legal practice, taking into consideration the unscrupulous actions of the debtor, abuses from their part, have to take other approaches to the established executive immunity. The norms that regulate the issues of the realization of the sole dwelling of the bankrupt citizen, has to be more precise. In particular, there is the need to legally reinforce the requirements that are submitted to the sole dwelling of the debtor. Likewise, there is the necessity to establish the level of luxury of the sole dwelling. It is stated that this issue should be regulated by the lawmaker in accordance with the executive immunity and by meeting creditors’ requirements. Whereas, as it is stated, if the legislative regulations are absent and they do not allow determining the criteria of the sole dwelling of the debtor, it leads to various procedural complications when the case goes to court. In case of taking sole property of the debtor, his or her rights are violated as well as the rights of the members of his or her family and the rights of creditors.
{"title":"Protection of the Sole Dwelling in the Possession of the Bankrupt Citizen: Law Enforcement Issues.","authors":"A.G. Martseniuk","doi":"10.21639/2313-6715.2022.2.7.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.2.7.","url":null,"abstract":"The important aspect while considering the bankruptcy of citizens represents issues that rise while realization of dwelling, in particular, when this dwelling is the only place of living that belong to the family of the bankrupt person. This dwelling is also the only place suitable for living for such family. In spite of the existing regulation of exclusion of such residential premises from the contest lot of premises when the dwelling is taken from the debtor. Representatives of the legal practice, taking into consideration the unscrupulous actions of the debtor, abuses from their part, have to take other approaches to the established executive immunity. The norms that regulate the issues of the realization of the sole dwelling of the bankrupt citizen, has to be more precise. In particular, there is the need to legally reinforce the requirements that are submitted to the sole dwelling of the debtor. Likewise, there is the necessity to establish the level of luxury of the sole dwelling. It is stated that this issue should be regulated by the lawmaker in accordance with the executive immunity and by meeting creditors’ requirements. Whereas, as it is stated, if the legislative regulations are absent and they do not allow determining the criteria of the sole dwelling of the debtor, it leads to various procedural complications when the case goes to court. In case of taking sole property of the debtor, his or her rights are violated as well as the rights of the members of his or her family and the rights of creditors.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"27 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":"121630623","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: 10.21639/2313-6715.2019.3.2
E. Devitskii
{"title":"Social interest as the basis of lawmaking","authors":"E. Devitskii","doi":"10.21639/2313-6715.2019.3.2","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.3.2","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"17 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":"122157610","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: 10.21639/2313-6715.2021.3.11.
D. Zhmurov
The article presents an analysis of the cybervictimization phenomenon. The author justifies the use of an integrative (interdisciplinary) approach to the study of this problem, proposes the definition of the term under study as a process or end result of becoming a crime victim in the sphere of unified computer networks. A theoretical and methodological matrix for the analysis of cybervictimization (PCPPE model) was developed. The model includes five system characteristics of cybervictimization, the comprehensive study of which to a maximum extent will simplify the understanding of the essence of the object of study. These characteristics include: profiling, conditionality, prevalence, predictability and epidemicity. Each of these aspects is explained in detail: the author developed a detailed nomenclature of cybervictimization forms. The problems of identifying its extent, as well as the determinant role of gender, age, behavioral and personal factors are discussed in the article, and a list of key cybervictimization acts is formulated. This meta-analysis includes thirteen global categories and about seventy of its accent forms. Among the global categories the following ones are identified: threats, harassment, illegal interest, infringement, insult, spoofing, disclosure, compulsion, seizure, infecting, access and use. The prevalence rates of cybervictimization on the example of the United States (Internet Crime Report) are also studied, certain aspects of the methodology of cyber victim number counting are considered.
{"title":"Cybervictimization. Research Matrix","authors":"D. Zhmurov","doi":"10.21639/2313-6715.2021.3.11.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.3.11.","url":null,"abstract":"The article presents an analysis of the cybervictimization phenomenon. The author justifies the use of an integrative (interdisciplinary) approach to the study of this problem, proposes the definition of the term under study as a process or end result of becoming a crime victim in the sphere of unified computer networks. A theoretical and methodological matrix for the analysis of cybervictimization (PCPPE model) was developed. The model includes five system characteristics of cybervictimization, the comprehensive study of which to a maximum extent will simplify the understanding of the essence of the object of study. These characteristics include: profiling, conditionality, prevalence, predictability and epidemicity. Each of these aspects is explained in detail: the author developed a detailed nomenclature of cybervictimization forms. The problems of identifying its extent, as well as the determinant role of gender, age, behavioral and personal factors are discussed in the article, and a list of key cybervictimization acts is formulated. This meta-analysis includes thirteen global categories and about seventy of its accent forms. Among the global categories the following ones are identified: threats, harassment, illegal interest, infringement, insult, spoofing, disclosure, compulsion, seizure, infecting, access and use. The prevalence rates of cybervictimization on the example of the United States (Internet Crime Report) are also studied, certain aspects of the methodology of cyber victim number counting are considered.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"51 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":"121684434","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: 10.21639/2313-6715.2021.3.5.
Y. Marks
The article is devoted to considering cases on the return of a child or on the exercising access rights in relation to a child on the basis of the Hague Convention on Civil Aspects of International Child Abduction of 1980. The importance of cases concerning the return of a child or the exercise of access rights in respect of a child necessitates theoretical development not only of the procedural institutions, which norms regulate the examination of this category of cases by the courts, but also an analysis of the substantive aspects of disputes concerning the return of a child or the exercise of access rights in respect of a child on the basis of the 1980 Convention. According to the author, the relationship between substantive and procedural law is reflected in the principle of the best interests of the child, the subject of judicial protection, the specifics of the protection means and the subject of proof, as well as the specifics of the composition and procedural position of the persons involved in the trial of the category under study. Particular attention is paid to the tasks and powers of the central authorities established to ensure the unhindered and effective application of the 1980 Convention. It is proposed to transfer the powers of the central body in this sphere from the Ministry of Education of the Russian Federation to the Ministry of Justice of the Russian Federation. The development of the institution of mediation, including the active promotion of the expansion of mediation cooperation within the framework of interstate contacts aimed at resolving cases of the category under consideration, seems promising.
{"title":"Substantive and Procedural Legal Issues in Dispute Resolution Under the 1980 Hague Convention on the Civil Aspects of International Child Abduction","authors":"Y. Marks","doi":"10.21639/2313-6715.2021.3.5.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.3.5.","url":null,"abstract":"The article is devoted to considering cases on the return of a child or on the exercising access rights in relation to a child on the basis of the Hague Convention on Civil Aspects of International Child Abduction of 1980. The importance of cases concerning the return of a child or the exercise of access rights in respect of a child necessitates theoretical development not only of the procedural institutions, which norms regulate the examination of this category of cases by the courts, but also an analysis of the substantive aspects of disputes concerning the return of a child or the exercise of access rights in respect of a child on the basis of the 1980 Convention. According to the author, the relationship between substantive and procedural law is reflected in the principle of the best interests of the child, the subject of judicial protection, the specifics of the protection means and the subject of proof, as well as the specifics of the composition and procedural position of the persons involved in the trial of the category under study. Particular attention is paid to the tasks and powers of the central authorities established to ensure the unhindered and effective application of the 1980 Convention. It is proposed to transfer the powers of the central body in this sphere from the Ministry of Education of the Russian Federation to the Ministry of Justice of the Russian Federation. The development of the institution of mediation, including the active promotion of the expansion of mediation cooperation within the framework of interstate contacts aimed at resolving cases of the category under consideration, seems promising.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"10 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":"116762435","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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