Pub Date : 1900-01-01DOI: 10.21639/2313-6715.2019.4.7
I. Popova
{"title":"ACTUAL PROBLEMS OF DEFINITION OF THE AIM OF CRIMINAL PROCEDURAL ACTIVITY AND MEANS OF ITS ACHIEVEMENT","authors":"I. Popova","doi":"10.21639/2313-6715.2019.4.7","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.4.7","url":null,"abstract":"","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":"114433647","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: 10.21639/2313-6715.2021.2.11.
Y. N. Rumyantseva
The article considers the stochastic modeling method used in criminology, which is understood as predicting changes in a system with variables ranging randomly with individual probabilities, which allows us to describe the state and probabilistic development of crime, its determinants, individual types, as well as the identity of criminals. The author investigates the possibilities of using this method for criminological purposes, when modeling and predicting the individual criminal behavior of serial killers. The hypothesis and the main conclusions obtained by M. V. Simkin and V. Roychowdhury in stochastic modeling of murders committed by A. R. Chikatilo, in particular, the possibility of using the Cantor`s or «devil's staircase» are checked. Thus, the author analyzed the data on 60 murders committed by M. V. Popkov, also known as the «Angarsk maniac», on the territory of the Irkutsk region in the period from 1992 to 2006. It is suggested that the total number of crimes committed by the «Angarsk maniac» also resembles the «devil's staircase», and the method used can indeed be extended to similar crimes. The author focuses on the fragment of the «Popkov staircase» in the period 1997-1998 as an abnormal surge in the activity of the criminal: an attempt is made to explain the number and frequency of murders by the Kantor staircase method and the pathological drive to kill people diagnosed in the criminal (homicidomania with sadistic elements). Investigation of the actual data on the probabilities of murders committed by M. V. Popkov, obtained by calculation and the theoretical model R. Lange is almost identical, which allows us to model the daily probability of murder as a function of the number of days that have passed since the last crime.
本文考虑了犯罪学中使用的随机建模方法，该方法被理解为预测具有随机个体概率的变量的系统的变化，这使我们能够描述犯罪的状态和概率发展，其决定因素，个体类型以及罪犯的身份。作者调查了在建模和预测连环杀手的个人犯罪行为时，将这种方法用于犯罪学目的的可能性。M. V. Simkin和V. Roychowdhury在对A. R. Chikatilo所犯谋杀案进行随机建模时所得到的假设和主要结论，特别是使用康托尔或“魔鬼阶梯”的可能性进行了检验。因此，提交人分析了1992年至2006年期间在伊尔库茨克州境内被称为“安加尔斯克疯子”的M. V. Popkov犯下的60起谋杀案的数据。有人认为，“安加尔斯克疯子”犯下的罪行总数也类似于“魔鬼的楼梯”，所使用的方法确实可以扩展到类似的罪行。作者将1997-1998年期间的“波普科夫楼梯”片段作为罪犯活动的异常激增:试图用坎特楼梯方法解释谋杀的数量和频率，以及在罪犯中诊断出的杀人的病理驱动(带有虐待狂成分的杀人狂躁)。通过计算和r·兰格(R. Lange)的理论模型获得的关于m·v·波普科夫(M. V. Popkov)谋杀概率的实际数据的调查几乎是相同的，这使我们能够将每日谋杀概率建模为上次犯罪发生后的天数的函数。
{"title":"The Using of Stochastic Modeling Methods in Criminological Forecasting of Individual Criminal Behavior of Serial Killers","authors":"Y. N. Rumyantseva","doi":"10.21639/2313-6715.2021.2.11.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.2.11.","url":null,"abstract":"The article considers the stochastic modeling method used in criminology, which is understood as predicting changes in a system with variables ranging randomly with individual probabilities, which allows us to describe the state and probabilistic development of crime, its determinants, individual types, as well as the identity of criminals. The author investigates the possibilities of using this method for criminological purposes, when modeling and predicting the individual criminal behavior of serial killers. The hypothesis and the main conclusions obtained by M. V. Simkin and V. Roychowdhury in stochastic modeling of murders committed by A. R. Chikatilo, in particular, the possibility of using the Cantor`s or «devil's staircase» are checked. Thus, the author analyzed the data on 60 murders committed by M. V. Popkov, also known as the «Angarsk maniac», on the territory of the Irkutsk region in the period from 1992 to 2006. It is suggested that the total number of crimes committed by the «Angarsk maniac» also resembles the «devil's staircase», and the method used can indeed be extended to similar crimes. The author focuses on the fragment of the «Popkov staircase» in the period 1997-1998 as an abnormal surge in the activity of the criminal: an attempt is made to explain the number and frequency of murders by the Kantor staircase method and the pathological drive to kill people diagnosed in the criminal (homicidomania with sadistic elements). Investigation of the actual data on the probabilities of murders committed by M. V. Popkov, obtained by calculation and the theoretical model R. Lange is almost identical, which allows us to model the daily probability of murder as a function of the number of days that have passed since the last crime.","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":"128385623","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: 10.21639/2313-6715.2021.2.7.
V. V. Chuksina, K. Mirvoda
The subject of this article is Law of the Russian Federation on Amendments to the Constitution of the Russian Federation (14.03.2020 No. 1-Federal Constitutional Law) «On improving the regulation of certain issues of the public power organization and functioning», namely, aspects of «coordination of health care» and «protection of the family, motherhood and childhood». The authors analyzed the issues of the medical care provision centralization, the impact of these amendments on the legal capacity of citizens. For a more in-depth analysis, the experience of foreign countries (Canada and Germany) was used. Despite the fact that the health care systems of the countries cited as an example differ in their essence and organization, nevertheless, they influence the formation of the availability of medicine for the population. As a result of the study of this experience, it was concluded that the delegation of freedom in the provision of medical care to lower levels of government allows to provide to the population affordable and high-quality medical care. It is noted that at present it is necessary to review the degree of participation of local governments in ensuring the availability of medical care in accordance with the federal law.
{"title":"Amendments to the Constitution of the Russian Federation: Dictated Necessity and Consequences in the Conditions of the Modern World","authors":"V. V. Chuksina, K. Mirvoda","doi":"10.21639/2313-6715.2021.2.7.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.2.7.","url":null,"abstract":"The subject of this article is Law of the Russian Federation on Amendments to the Constitution of the Russian Federation (14.03.2020 No. 1-Federal Constitutional Law) «On improving the regulation of certain issues of the public power organization and functioning», namely, aspects of «coordination of health care» and «protection of the family, motherhood and childhood». The authors analyzed the issues of the medical care provision centralization, the impact of these amendments on the legal capacity of citizens. For a more in-depth analysis, the experience of foreign countries (Canada and Germany) was used. Despite the fact that the health care systems of the countries cited as an example differ in their essence and organization, nevertheless, they influence the formation of the availability of medicine for the population. As a result of the study of this experience, it was concluded that the delegation of freedom in the provision of medical care to lower levels of government allows to provide to the population affordable and high-quality medical care. It is noted that at present it is necessary to review the degree of participation of local governments in ensuring the availability of medical care in accordance with the federal law.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"149 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":"126917657","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: 10.21639/2313-6715.2022.2.10.
E. A. Glukhov
The article analyzes norms of domestic and foreign military legislation concerning the procedure of execution of the order by military personnel. The article explores cases when the implementing of those orders can be harmful to the interests that are protected by law. The author distinguishes the differences of the order for the military personnel and civil officer; it is pointed out for whom the order is obligatory and who has the right to appeal and who will be liable for failure to execute the order. On one hand, the author emphasizes the inability for the military personnel to evade the execution of the order under the threat of legal sanctions; on the other hand, the article shows the possibility to execute an order as the form of complicity in a crime. The author cites typical examples of military officers’ orders that could lead to committing of crimes or to criminal prosecution of the executor. The author examines the orders that contradicts the norms of morality. The article explores the experience of evaluating military orders from the point of view of the military personnel in some foreign countries (for instance, in the USA, Germany, Italy, Slovakia, Singapore). The author analyzes reasons and conditions of non-critical and even thoughtless attitude of the military personnel to any given orders. On the grounds of the found contradictions, the suggestions are expressed to try and make the Russian legislation more perfect by providing the military personnel with the ability to assess all given orders and see if they correlate with the law and the norms of morality. In the peacetime, the military personnel should have to right to inquire written orders if they are doubtful in the legal grounds of any give verbal order.
{"title":"Administration by Giving Verbal Orders from the Perspective of Military Legal Relations","authors":"E. A. Glukhov","doi":"10.21639/2313-6715.2022.2.10.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.2.10.","url":null,"abstract":"The article analyzes norms of domestic and foreign military legislation concerning the procedure of execution of the order by military personnel. The article explores cases when the implementing of those orders can be harmful to the interests that are protected by law. The author distinguishes the differences of the order for the military personnel and civil officer; it is pointed out for whom the order is obligatory and who has the right to appeal and who will be liable for failure to execute the order. On one hand, the author emphasizes the inability for the military personnel to evade the execution of the order under the threat of legal sanctions; on the other hand, the article shows the possibility to execute an order as the form of complicity in a crime. The author cites typical examples of military officers’ orders that could lead to committing of crimes or to criminal prosecution of the executor. The author examines the orders that contradicts the norms of morality. The article explores the experience of evaluating military orders from the point of view of the military personnel in some foreign countries (for instance, in the USA, Germany, Italy, Slovakia, Singapore). The author analyzes reasons and conditions of non-critical and even thoughtless attitude of the military personnel to any given orders. On the grounds of the found contradictions, the suggestions are expressed to try and make the Russian legislation more perfect by providing the military personnel with the ability to assess all given orders and see if they correlate with the law and the norms of morality. In the peacetime, the military personnel should have to right to inquire written orders if they are doubtful in the legal grounds of any give verbal order.","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":"116535422","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: 10.21639/2313-6715.2021.2.12.
E.V. Bolshakov, I. Nazarov
The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.
在该条框架内的研究主题是拘留涉嫌犯罪的人的刑事诉讼机构。分析了拘留制度的法律性质，并对规范拘留问题的规范性法律行为和司法实践进行了评述。这项研究的理论基础是基于过去二十年来关于这个问题的出版物，特别是反映了科学家S. a . Shafer、S. B. Rossinsky和a . a . Tarasov对这一过程的讨论，其主题是刑事案件中拘留嫌疑人的法律性质问题。在该文件中，作者提出了下列问题:根据俄罗斯联邦的立法对涉嫌犯罪的人的拘留是什么?被拘留者从什么时候开始获得嫌疑犯的地位?是否可以在提起刑事诉讼前拘留一个人?这项研究的结论是，一个人从被直接拘留的那一刻起，即在记录这一地位之前，因此在提起刑事案件之前，就获得了嫌疑犯的实际地位。对《俄罗斯联邦刑事诉讼法》的条款提出了修正案，并给出了作者对“拘留嫌疑人”、“实际拘留时刻”和“审前程序”等概念的定义的版本。
{"title":"To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime","authors":"E.V. Bolshakov, I. Nazarov","doi":"10.21639/2313-6715.2021.2.12.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.2.12.","url":null,"abstract":"The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"34 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":"117207535","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: 10.21639/2313-6715.2019.3.7
A. P. Skiba
{"title":"Criminal executive legislation in the conditions of natural disaster, state of emergincy or martial law (on the results ofthe collective author's work)","authors":"A. P. Skiba","doi":"10.21639/2313-6715.2019.3.7","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.3.7","url":null,"abstract":"","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":"123115251","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: 10.21639/2313-6715.2022.2.3.
P. Barinov, V. Katomina
The authors of the article address the origins of appearing and developing of the main idea of the article in order to correctly identify the notion and the purpose of the idea of the civil society. The authors research various points of view on the issue of the connection of the State and the civil society. The authors of the article point out the peculiarities of the process of forming of the civil society in Russia. The authors give the definition of the notion of “civil society” and point out its features. Despite the fact that the legal definition for the “institutes of the civil society” does not exist, the authors underline that the term is used broadly in the existing federal and regional legislation. Basing their research on the opinion of scientists about the legal nature and structure of the civil society, the authors give the definition for the “institute of the civil society”. They present the classification of the institute of the civil society using different criteria. According to this classification, the institutes are divided because of their status differences, functional orientation, level of participation in law enforcement activities, prevention of offences etc. The authors point out that the institutional approach to classification of the institutes of the civil society is widely spread because it allows distinguishing and describing some separate subjects of the civil society that exercise certain interests. The authors conclude with the explanation of why non-profit organizations are viewed as the institutes of the civil society. They point out that any state corporation, self-regulating organization that is represented as a non-profit organization cannot be viewed as an institute of the civil society because they perform public functions of the State. That is why only some part of non-profit organizations can be viewed as institutes of the civil society; they should have such features as voluntary nature, self-regulation, self-organizing, self-activity and self-responsibility.
{"title":"Institutes of Civil Society: General Theoretical Aspect","authors":"P. Barinov, V. Katomina","doi":"10.21639/2313-6715.2022.2.3.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.2.3.","url":null,"abstract":"The authors of the article address the origins of appearing and developing of the main idea of the article in order to correctly identify the notion and the purpose of the idea of the civil society. The authors research various points of view on the issue of the connection of the State and the civil society. The authors of the article point out the peculiarities of the process of forming of the civil society in Russia. The authors give the definition of the notion of “civil society” and point out its features. Despite the fact that the legal definition for the “institutes of the civil society” does not exist, the authors underline that the term is used broadly in the existing federal and regional legislation. Basing their research on the opinion of scientists about the legal nature and structure of the civil society, the authors give the definition for the “institute of the civil society”. They present the classification of the institute of the civil society using different criteria. According to this classification, the institutes are divided because of their status differences, functional orientation, level of participation in law enforcement activities, prevention of offences etc. The authors point out that the institutional approach to classification of the institutes of the civil society is widely spread because it allows distinguishing and describing some separate subjects of the civil society that exercise certain interests. The authors conclude with the explanation of why non-profit organizations are viewed as the institutes of the civil society. They point out that any state corporation, self-regulating organization that is represented as a non-profit organization cannot be viewed as an institute of the civil society because they perform public functions of the State. That is why only some part of non-profit organizations can be viewed as institutes of the civil society; they should have such features as voluntary nature, self-regulation, self-organizing, self-activity and self-responsibility.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"24 9","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131805676","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: 10.21639/2313-6715.2020.1.7.
S. Boskholov, V. Tatarnikov
The article raises the problem of the property confiscation absence as an additional measure of punishment in modern Russian criminal legislation. The authors analyze the reasons for excluding property confiscation from the types of criminal punishment in 2003, reveal the difference between property confiscation as a punishment and property confiscation as a measure of criminal law, and provide examples of the property confiscation practice. The article examines the issues of ensuring the compliance of sanctions with the nature and degree of social danger of the crime, with the tasks of preventing the crimes under consideration, and with the justice principles implementation. The article compares the criminal legislation of the Soviet period and modern Russian legislation on liability for corruption crimes. It is proposed that property confiscation must be included in the Criminal Code of Russia as an additional measure of punishment for grave and especially grave crimes, first of all, corruption related crimes. It is also proposed to abandon the establishment of a fine as the main punishment in sanctions for the most dangerous crimes of a corruption nature, including such ones as taking a bribe. According to the authors` opinion the main punishment for such crimes should be imprisonment.
{"title":"Legislative Regulation Paradoxes of Criminal Liability for Corruption-related Crimes","authors":"S. Boskholov, V. Tatarnikov","doi":"10.21639/2313-6715.2020.1.7.","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.1.7.","url":null,"abstract":"The article raises the problem of the property confiscation absence as an additional measure of punishment in modern Russian criminal legislation. The authors analyze the reasons for excluding property confiscation from the types of criminal punishment in 2003, reveal the difference between property confiscation as a punishment and property confiscation as a measure of criminal law, and provide examples of the property confiscation practice. The article examines the issues of ensuring the compliance of sanctions with the nature and degree of social danger of the crime, with the tasks of preventing the crimes under consideration, and with the justice principles implementation. The article compares the criminal legislation of the Soviet period and modern Russian legislation on liability for corruption crimes. It is proposed that property confiscation must be included in the Criminal Code of Russia as an additional measure of punishment for grave and especially grave crimes, first of all, corruption related crimes. It is also proposed to abandon the establishment of a fine as the main punishment in sanctions for the most dangerous crimes of a corruption nature, including such ones as taking a bribe. According to the authors` opinion the main punishment for such crimes should be imprisonment.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"46 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":"116959736","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: 10.21639/2313-6715.2019.1.7.
E. Devitskii
{"title":"SPECIALTY 12.00.15: A STATISTICAL STUDY OF SUBJECT MATTERS AND THE NUMBER OF DISSERTATIONS PRESENTED TO DEFENSE","authors":"E. Devitskii","doi":"10.21639/2313-6715.2019.1.7.","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.1.7.","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"6 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114033275","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: 10.21639/2313-6715.2022.1.6.
E. Izmailova
The article defines the limits of notary participation in protection of subjective rights and interests of housing relations participants. The question of the correlation between the terms «notarial protection» and «notarial defence» is investigated, and the author gives the arguments in favor of the legislator's position which refers all notarial acts to measures of protection of rights and interests of citizens and legal entities. The ambiguity of understanding the terms «conflict regime», «undisputed regime», «violation of rights and interests» is demonstrated. The scientific debate on the issue of objects of notarial protection is illustrated, the conclusion that subjective rights and interests can act as such objects is formulated. The author draws attention to the absence of an established approach to the distinction of these protection objects types in the science of civil law, analyzes the provisions of the norms of civil and housing legislation, fixing situations of notaries participation in housing rights and interests protection, and indicates the timeliness of the legislative decision on introduction of obligatory notarial certifications of transactions with shares in the right of ownership of dwelling premises. The conclusion about the necessity of the further step-by-step expansion of notaries participation in protection of the subjective rights and interests of participants of housing relationships is formulated.
{"title":"Housing Rights and Interests of Citizens and Their Notarial Protection.","authors":"E. Izmailova","doi":"10.21639/2313-6715.2022.1.6.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.1.6.","url":null,"abstract":"The article defines the limits of notary participation in protection of subjective rights and interests of housing relations participants. The question of the correlation between the terms «notarial protection» and «notarial defence» is investigated, and the author gives the arguments in favor of the legislator's position which refers all notarial acts to measures of protection of rights and interests of citizens and legal entities. The ambiguity of understanding the terms «conflict regime», «undisputed regime», «violation of rights and interests» is demonstrated. The scientific debate on the issue of objects of notarial protection is illustrated, the conclusion that subjective rights and interests can act as such objects is formulated. The author draws attention to the absence of an established approach to the distinction of these protection objects types in the science of civil law, analyzes the provisions of the norms of civil and housing legislation, fixing situations of notaries participation in housing rights and interests protection, and indicates the timeliness of the legislative decision on introduction of obligatory notarial certifications of transactions with shares in the right of ownership of dwelling premises. The conclusion about the necessity of the further step-by-step expansion of notaries participation in protection of the subjective rights and interests of participants of housing relationships is formulated.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"4 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":"122618366","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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