Pub Date : 1900-01-01DOI: 10.21639/2313-6715.2020.2.1
N. N. Menyailenko, A. Keklis
{"title":"Legal representation in civil proceedings in Russia (historical and theoretical aspects)","authors":"N. N. Menyailenko, A. Keklis","doi":"10.21639/2313-6715.2020.2.1","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.2.1","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"89 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":"124526271","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: 10.21639/2313-6715.2022.2.6.
Z. Lambaev
The author of the article examines the principle of effective implementation of the property right. The principle assumes rational behavior of the proprietor, reasonable and economic expediency of his or her actions and the effectiveness of the measures that he or she takes. Meanwhile the effectiveness is rather a qualitative that quantitative feature of the proprietor behavior. According to the author’s opinion, the grounds for the effective implementation of the property right have economic and ethical backgrounds. They influence legislative regulation of the property relations. The author refers to the doctrinal sources, legislation and court practice. He, therefore, concludes that the principle of effectiveness of the implementation of the property right is reflected in the legal system in general as well as in particular norms and institutes of civil legislation. The principle of effective implementation of the property right can influence the meaningful content of certain legal constructions (appearance and termination of the property right, implementation of this right). It can also influence on legally applied activity while solving individual disputes (on belonging of the property, on defining the size of the part of the property in property right).
{"title":"Efficient Exercise of Property Rights and Civil Law","authors":"Z. Lambaev","doi":"10.21639/2313-6715.2022.2.6.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.2.6.","url":null,"abstract":"The author of the article examines the principle of effective implementation of the property right. The principle assumes rational behavior of the proprietor, reasonable and economic expediency of his or her actions and the effectiveness of the measures that he or she takes. Meanwhile the effectiveness is rather a qualitative that quantitative feature of the proprietor behavior. According to the author’s opinion, the grounds for the effective implementation of the property right have economic and ethical backgrounds. They influence legislative regulation of the property relations. The author refers to the doctrinal sources, legislation and court practice. He, therefore, concludes that the principle of effectiveness of the implementation of the property right is reflected in the legal system in general as well as in particular norms and institutes of civil legislation. The principle of effective implementation of the property right can influence the meaningful content of certain legal constructions (appearance and termination of the property right, implementation of this right). It can also influence on legally applied activity while solving individual disputes (on belonging of the property, on defining the size of the part of the property in property right).","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"1972 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":"130028761","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: 10.21639/2313-6715.2022.3.10.
A. Bychkova
Semyon Samuilovich Ovchinsky (1922–1993) had his 100-years anniversary in 2022. He was a distinguished Soviet and Russian scientist, professor and doctor of law. This article is prepared based on S.S. Ovchinsky biography information that is contained in the preface to the book «Operational investigative information» (2019). The author of the article cites the information about outstanding contribution of S.S. Ovchinsky in the entire complex of legal disciplines that are aimed at the crime fighting and crime prevention. These disciplines are criminology, criminalistics, administrative law, criminal law and criminal procedure. The author describes the process of creation by the scientist of operational and investigative activities and the basics of its information support. The article mentions the contents of three books that were published after the death of their author but that continue to influence modern scientific life. The article emphasizes the innovative nature of the S.S. Ovchinsky works that were ahead of time and that stay relevant nowadays. These works represent a solid theoretical foundation for creating information-search, information-analytical, information-identification and the most promising information-diagnostic systems of the new generation.
{"title":"The Standard of Crime Scientific Analysis (to the 100th Anniversary of Semyon Samuilovich Ovchinsky)","authors":"A. Bychkova","doi":"10.21639/2313-6715.2022.3.10.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.3.10.","url":null,"abstract":"Semyon Samuilovich Ovchinsky (1922–1993) had his 100-years anniversary in 2022. He was a distinguished Soviet and Russian scientist, professor and doctor of law. This article is prepared based on S.S. Ovchinsky biography information that is contained in the preface to the book «Operational investigative information» (2019). The author of the article cites the information about outstanding contribution of S.S. Ovchinsky in the entire complex of legal disciplines that are aimed at the crime fighting and crime prevention. These disciplines are criminology, criminalistics, administrative law, criminal law and criminal procedure. The author describes the process of creation by the scientist of operational and investigative activities and the basics of its information support. The article mentions the contents of three books that were published after the death of their author but that continue to influence modern scientific life. The article emphasizes the innovative nature of the S.S. Ovchinsky works that were ahead of time and that stay relevant nowadays. These works represent a solid theoretical foundation for creating information-search, information-analytical, information-identification and the most promising information-diagnostic systems of the new generation.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"30 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":"123789633","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: 10.21639/2313-6715.2020.3.6
N. Markova
{"title":"Criminal Subculture Among Young People as a Criminologically Significant Problem in the Context of the Modern Cultural Crisis","authors":"N. Markova","doi":"10.21639/2313-6715.2020.3.6","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.3.6","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"26 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":"126848086","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: 10.21639/2313-6715.2021.3.10.
K. V. Pitulko
The article reveals the features of the distinction between criminal and non-criminal circumstances, leading to a patient treatment unfavorable outcome. The aim of the research undertaken is to identify the nature and degree of social danger of professional negligence in the diagnosis and treatment of diseases. The article analyzes statistical data characterizing the dynamics of bringing doctors and other medical workers to criminal responsibility for committing crimes that caused harm to the life and health of patients. The organic connection of iatrogenic crimes with defects in the quality of medical care and improper performance of professional duties by medical workers is argued. The author reveals the difference between the causes of death and deterioration in the health of persons seeking medical assistance, and analyzes the practice of termination of medical workers criminal prosecution on rehabilitating grounds. On the basis of materials of modern judicial practice, it is proved that there is no need to separate the category «iatrogenic crimes» in the criminal law. A differentiated approach to qualification of adverse treatment outcomes seems promising. The author proposes detailing the legal liability of medical workers and medical organizations, depending on the criminal or non-criminal nature of the circumstances of causing harm to the life and health of the patient.
{"title":"Problems of Iatrogenic Crimes Qualification","authors":"K. V. Pitulko","doi":"10.21639/2313-6715.2021.3.10.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.3.10.","url":null,"abstract":"The article reveals the features of the distinction between criminal and non-criminal circumstances, leading to a patient treatment unfavorable outcome. The aim of the research undertaken is to identify the nature and degree of social danger of professional negligence in the diagnosis and treatment of diseases. The article analyzes statistical data characterizing the dynamics of bringing doctors and other medical workers to criminal responsibility for committing crimes that caused harm to the life and health of patients. The organic connection of iatrogenic crimes with defects in the quality of medical care and improper performance of professional duties by medical workers is argued. The author reveals the difference between the causes of death and deterioration in the health of persons seeking medical assistance, and analyzes the practice of termination of medical workers criminal prosecution on rehabilitating grounds. On the basis of materials of modern judicial practice, it is proved that there is no need to separate the category «iatrogenic crimes» in the criminal law. A differentiated approach to qualification of adverse treatment outcomes seems promising. The author proposes detailing the legal liability of medical workers and medical organizations, depending on the criminal or non-criminal nature of the circumstances of causing harm to the life and health of the patient.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"55 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":"127746123","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: 10.21639/2313-6715.2021.4.9.
I. Lazarev
The article analyzes the place of housing legal contracts in the system of contracts in Russian law. The author offers his own point of view with respect to the range of housing contracts, designates the criteria of such allocation. It is proposed to consider true that by virtue of a number of features (among which the subject of such contractual structures occupies the leading place) housing law contracts significantly differ from civil law contracts. The author pays special attention to the definite characteristics of housing law contracts, laid down at the level of principles, in particular – the principle of freedom of a contract. The article emphasizes the absence of this principle legal fixing in the housing legislation, notes its ignoring by the scientists and the cautious approach of the courts to its application, analyzes the scope of each element of the principle of contracts freedom in the contractual constructions under the housing law. The author substantiates that manifestation of the principle of contracts freedom in housing law significantly differs from that in civil law, and restrictions of contractual freedom are more likely to be regarded as a rule rather than an exception. The conclusion of the need for further studying the problems outlined in the article is substantiated.
{"title":"On Freedom of Housing Legal Contracts: Raising the Issue","authors":"I. Lazarev","doi":"10.21639/2313-6715.2021.4.9.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.4.9.","url":null,"abstract":"The article analyzes the place of housing legal contracts in the system of contracts in Russian law. The author offers his own point of view with respect to the range of housing contracts, designates the criteria of such allocation. It is proposed to consider true that by virtue of a number of features (among which the subject of such contractual structures occupies the leading place) housing law contracts significantly differ from civil law contracts. The author pays special attention to the definite characteristics of housing law contracts, laid down at the level of principles, in particular – the principle of freedom of a contract. The article emphasizes the absence of this principle legal fixing in the housing legislation, notes its ignoring by the scientists and the cautious approach of the courts to its application, analyzes the scope of each element of the principle of contracts freedom in the contractual constructions under the housing law. The author substantiates that manifestation of the principle of contracts freedom in housing law significantly differs from that in civil law, and restrictions of contractual freedom are more likely to be regarded as a rule rather than an exception. The conclusion of the need for further studying the problems outlined in the article is substantiated.","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":"128774387","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: 10.21639/2313-6715.2019.3.1
I. Minnikes, E. V. Pirmaev
{"title":"Limits of judicial interpretation","authors":"I. Minnikes, E. V. Pirmaev","doi":"10.21639/2313-6715.2019.3.1","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.3.1","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"9 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":"133033332","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: 10.21639/2313-6715.2021.2.4.
V. Katomina
The article is devoted to the study of the question of the ratio of fairness and competitiveness in judicial practice. The purpose of the article is to determine the general and distinctive features of fairness and competitiveness in the legal process, to establish the relationship in judicial practice, and to identify contradictions between them. The author notes that the unity of fairness and competitiveness lies in the fact that they have the same goals and objectives, act as the basic values of law, are externally expressed in the current legislation as a principle, and also include in their content the idea of equality of participants in procedural legal relations. Attention is drawn to the differences between fairness and competitiveness in the scope of application, variability of content, etc. As a research task, the author identified an attempt to establish the interaction of fairness and competitiveness in judicial practice. The author comes to the conclusion that an adversarial process can be fair if the parties are given the same opportunities to present their position. However, in judicial practice, there are often contradictions between the existing adversarial process and justice. This is due to the availability of procedural opportunities provided by the legislator to any one party to the trial and the restriction of the rights of participants in the presentation and examination of evidence by judges.
{"title":"Ratio of Fainess and Competitiveness in Judicial Practice","authors":"V. Katomina","doi":"10.21639/2313-6715.2021.2.4.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.2.4.","url":null,"abstract":"The article is devoted to the study of the question of the ratio of fairness and competitiveness in judicial practice. The purpose of the article is to determine the general and distinctive features of fairness and competitiveness in the legal process, to establish the relationship in judicial practice, and to identify contradictions between them. The author notes that the unity of fairness and competitiveness lies in the fact that they have the same goals and objectives, act as the basic values of law, are externally expressed in the current legislation as a principle, and also include in their content the idea of equality of participants in procedural legal relations. Attention is drawn to the differences between fairness and competitiveness in the scope of application, variability of content, etc. As a research task, the author identified an attempt to establish the interaction of fairness and competitiveness in judicial practice. The author comes to the conclusion that an adversarial process can be fair if the parties are given the same opportunities to present their position. However, in judicial practice, there are often contradictions between the existing adversarial process and justice. This is due to the availability of procedural opportunities provided by the legislator to any one party to the trial and the restriction of the rights of participants in the presentation and examination of evidence by judges.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"9 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":"131570107","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: 10.21639/2313-6715.2020.2.4
E. Sidorova
{"title":"On the problems of applicating the criminal legislation in qualification of acts connected with non-returning money in foreign currency and currency of the Russian Federation from abroad","authors":"E. Sidorova","doi":"10.21639/2313-6715.2020.2.4","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.2.4","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":"128600493","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: 10.21639/2313-6715.2020.2.2
P. Sazonov, Irkutsk Regional Court
{"title":"On some features of disputes consideration related to unauthorized constructions: analysis of the Russian Supreme Court practice","authors":"P. Sazonov, Irkutsk Regional Court","doi":"10.21639/2313-6715.2020.2.2","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.2.2","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"19 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":"116958273","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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