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Prologue: Law Journal最新文献

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Specialty 12.00.06: a statistical study of subject matters and the number of dissertations 专业12.00.06:对课题和论文数量的统计研究
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2020.2.9
A. Ushakova
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引用次数: 0
Refusals of Public Authorities to Participants in Civil Law Relations 公共权力机关对民事法律关系参与者的拒绝
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2021.4.5.
A. Suslov
The article analyzes the problems associated with the refusals of public authorities to requests of participants in civil law relations. The significance of civil studies of this problem is argued. It is proposed to distinguish two types of refusals of public authorities to participants of civil relations: refusals to perform legal actions and refusals to perform actual actions. The consequence of the first ones will be the non-occurrence of civil legal relations (legal fact, object, legal personality), the consequence of the second – the possibility of committed actions qualification by subjects of civil law as unlawful. Legal nature of refusal of public authorities to participants of civil law relations is analyzed. The author concludes that it is impossible to qualify such refusals as unilateral transactions, despite the fact that these actions give rise to civil law consequences, proposes to characterize these types of refusals as a special category – a legal obligation, pays attention to the need to clarify terminology and to distinguish between the concepts «issuing consents» and «issuing authorizations». The issues related to contestation of public authorities’ refusals are examined. The author concludes that such refusals affect the focus and the course of the enforcement process in private law, and therefore this technical and legal method is subject to further study in the framework of civic studies.
本文分析了公共权力机关拒绝民事法律关系参与人请求的相关问题。论述了对这一问题进行民事研究的意义。公共权力机关对民事关系参与人的拒绝分为拒绝履行法律行为和拒绝履行实际行为两种类型。前者的后果是民事法律关系(法律事实、法律客体、法律人格)的不发生,后者的后果是民事法律主体的行为具有违法资格的可能性。分析了公共权力机关拒绝民事法律关系参与人的法律性质。作者的结论是,不可能将这种拒绝定性为单方面交易,尽管这些行为会产生民事法律后果,建议将这类拒绝定性为一种特殊类别- -一种法律义务,注意澄清术语和区分“发出同意”和“发出授权”概念的必要性。审查了与公共当局拒绝抗辩有关的问题。作者认为,这种拒绝影响了私法执行过程的重点和过程,因此这种技术和法律方法有待在公民研究的框架下进一步研究。
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引用次数: 0
o the issue of conditions and grounds of the criminal procedure application of art. 25 (Code of criminal procedure of the Russian Federation) 问题的条件和理由的刑事诉讼程序的适用。25(俄罗斯联邦刑事诉讼法)
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2019.2.7
V. V. Mishin, Zaozersk Garrison Military Court Murmansk
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引用次数: 0
Participation of a Member of the Board of Directors in a Quasi-corporate Agreement: Legal Basis and Problematic Aspects 准公司协议中董事会成员的参与:法律依据和问题
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2021.4.8.
P.Yu. Medyankin
The subject of the study is the provisions of corporate legislation on the corporate agreement in terms of analysis of non-standard for corporate relations legal construction of the contract between creditors of the company and other third parties with participants of the economic society – the so-called «quasi-corporate agreement». Despite the annually increasing popularity of this legal construction, legislation in this area contains many legal gaps, which have not yet been filled by law enforcement practice. The positions of leading domestic legal scholars also remain ambiguous. Using members of the joint stock company board of directors as an example, the author raises questions concerning the subject composition of quasi-corporate agreements. Can a member of the joint stock company board of directors, who is not a shareholder of the company, conclude a quasi-corporate agreement with creditors of the company and other third parties? The author concludes that the narrowing of the circle of third parties in the quasi-corporate agreement is inexpedient. Moreover, members of a company`s board of directors are competent to act as a party of such an agreement. Restricting exclusively by participants of a business company the list of persons who may act both on the side of a business company and on the side of third parties in quasi-corporate contracts concluded in the order of clause 9 article 67.2 of the Civil Code, does not meet the original (legislatively enshrined) purpose of such agreements.
本文的研究主题是公司立法中关于公司协议的规定,分析了公司关系中公司债权人和其他第三方与经济社会参与者之间的合同的非标准法律构建-即所谓的“准公司协议”。尽管这一法律建设日益普及,但这一领域的立法仍存在许多法律空白,尚未被执法实践所填补。国内主要法律学者的立场也依然模棱两可。本文以股份公司董事会成员为例,对准公司协议的主体构成提出了质疑。非公司股东的股份公司董事会成员能否与公司债权人和其他第三方订立准公司协议?笔者认为,缩小准法人协议中第三方的范围是不妥当的。此外,公司董事会成员有资格作为此类协议的一方。在《民法典》第67.2条第9款的顺序中订立的准公司合同中,仅由商业公司的参与者来限制既可代表商业公司一方又可代表第三方一方的人员名单,并不符合此类协议的原始(立法规定的)目的。
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引用次数: 0
System of Legal Self-regulation in Light of its Application in Various Sphere of Public Relations 法律自律制度及其在公共关系各领域的应用
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2020.4.4
A. Petrič
The purpose of this study is to identify areas of public life for which legal self-regulation is relevant as a social regulator and an expression of independent and initiative activity of subjects of modern legal relations, characterized by a high level of organization of their subjects and a wide range of opportunities for solving problems arising in the course of their activities. The article describes the types of relationships developing at the national level and addressed through the rules of legal regulation, as well as in the context of the study the author examines the peculiarities of self-regulation application at the supranational level and defines the scope of the regulation and its peculiarities at this level. In addition, the author considers the relationship between legal self-regulation and state legal rules when considering each of the areas of legal self-regulation application, the degree of their interdependence and the line between freedom and coercion of subjects of such legal relations. The author identifies a variety of areas of legal relations regulated by legal self-regulation rules, particularly of such rules as well as the complexity of the legal self-regulation system, formed on the grounds of its scope. The author concludes on the further expansion of these areas, as well as on supplementing them with normative legal regulation.
本研究的目的是确定法律自律作为社会调节者和现代法律关系主体的独立和主动活动的表达与公共生活相关的领域,其特点是其主体的高度组织化和解决其活动过程中出现的问题的广泛机会。文章描述了在国家层面上发展的关系类型,并通过法律监管规则加以解决,同时在研究的背景下,作者考察了超国家层面上自我监管应用的特点,并定义了监管的范围及其在这一层面上的特点。此外,在考虑法律自律适用的每个领域时,作者还考虑了法律自律与国家法律规则之间的关系,它们之间的相互依存程度以及这种法律关系主体的自由与强制之间的界限。作者指出了受法律自我规制规则规范的各种法律关系领域,特别是法律自我规制规则,以及基于其范围而形成的法律自我规制体系的复杂性。最后,作者建议进一步扩大这些领域,并以规范性的法律规定加以补充。
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引用次数: 0
Legal Regulation of the Aviation Business in Russia: Finding a Balance between Ensuring Transport Security and Air Transportation Efficiency 俄罗斯航空业务的法律规制:在确保运输安全和航空运输效率之间寻找平衡
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2021.1.5.
I. Minnikes, M.D. Esitashvili
The article discusses the trends in the development of legislation regulating the aviation business in the Russian Federation, in particular, theoretical and practical issues related to the efficiency and safety of air transportation, as well as the search for a balance between them. The article reveals the history of forming the concepts «transport security» and «aviation security» in the Soviet and modern Russian legislation. In order to clarify the Russian state authorities` powers distribution in the field of transport security and their consolidation in the current legislation, the authors investigate the features of the powers of these bodies in the historical retrospect from the beginning of the XIX century. The authors critically analyze the implementation of the certain provisions of the Government of the Russian Federation «On the approval of requirements for ensuring transport security, taking into account the safety levels for air transport vehicles», the implementation of which causes significant problems for air transport operators. It is established that the implementation of these provisions is difficult: it will significantly aggravate the existing economic situation of aircraft operators, and in combination with the general negative trends in the world can lead to a possible mass bankruptcy of domestic small and medium-sized airlines. The authors suggest ways to solve the identified problems. In particular, a possible solution in finding a balance between transport safety and the cost-effectiveness of air transportation may be a «transition period», during which the expansion of the requirements under study will affect only new aircraft.
本文讨论了俄罗斯联邦管制航空业务的立法发展的趋势,特别是与航空运输的效率和安全有关的理论和实际问题,以及寻求两者之间的平衡。本文揭示了“运输安全”和“航空安全”概念在苏联和现代俄罗斯立法中形成的历史。为了明确俄罗斯国家机关在运输安全领域的权力分配及其在现行立法中的巩固,作者从十九世纪初开始对这些机构的权力特征进行了历史回顾。作者批判性地分析了俄罗斯联邦政府“关于批准确保运输安全的要求,考虑到航空运输车辆的安全水平”的某些规定的实施情况,这些规定的实施给航空运输经营者带来了重大问题。可以确定的是,这些规定的执行是困难的:它将大大加剧飞机运营商现有的经济状况,并与世界上普遍的消极趋势相结合,可能导致国内中小型航空公司大规模破产。作者提出了解决已发现问题的方法。特别是,在运输安全和航空运输的成本效益之间寻求平衡的一个可能的解决办法可能是一个“过渡期”,在此期间,所研究的需求的扩大将只影响到新飞机。
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引用次数: 1
Digital Technologies in Law-making Activity: Theoretical and Legal Aspect 数字技术在立法活动中的应用:理论与法律层面
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2021.2.1.
I. Yagofarova
The article is devoted to the introduction of digital technologies in law-making activities. The process of digitalization has actively affected economic relations, which has led to the transformation of public administration. Law, being the main regulator of public relations, is also undergoing significant changes. The subject of the study is the results of the digitalization of law-making activities, which leave an imprint on the entire system of state and legal relations. The article presents a bibliographic review of modern works on this issue, describes the main trends in this area, and assesses the practical results of the digital technologies impact on law-making. The models of digitalization are analyzed: automation of all processes, which assumes the absolute exclusion of a person and the preservation of human participation at the stage of making the final decision. The author investigates the main stages of law-making activity, where the use of digital technologies is possible: the formation of law-making initiatives; the process of preparing a normative legal act; discussion of the draft normative legal act; the voting process; the process of promulgation and publication. The author provides the examples of specific electronic platforms: «Russian Public Initiative», the System for Ensuring Legislative Activity, Simplex+, Reaching everyone for active citizenship & home (REACH) and specific technologies (ML-model, LL-model, blockchain), both already used and developed in Russia and abroad. It is indicated that digital technologies can be used to systematize regulatory legal acts, and the question of using digital technologies in predicting the future directions of legal regulation is raised. It is concluded that it is necessary to determine the main directions and principles of digitalization of law-making, the goals and limits of the introduction of digital technologies in the law-making process.
这篇文章致力于在立法活动中引入数字技术。数字化进程对经济关系产生了积极的影响,从而导致了公共行政的转型。法律作为公共关系的主要调节者,也在发生重大变化。研究的主题是立法活动数字化的结果,这在整个国家和法律关系系统中留下了印记。本文对这一问题的现代著作进行了书目回顾,描述了这一领域的主要趋势,并评估了数字技术对立法影响的实际结果。分析了数字化的模型:所有过程的自动化,假设在做出最终决策的阶段绝对排除人并保留人的参与。作者考察了数字技术应用于立法活动的主要阶段:立法主动性的形成;准备过程:准备规范性法律行为的过程;规范性法律行为草案的探讨投票过程;发布和出版的过程。作者提供了具体电子平台的例子:“俄罗斯公共倡议”,确保立法活动的系统,Simplex+,为每个人提供积极的公民身份和家庭(REACH)和特定技术(ml模型,ll模型,区块链),这些技术已经在俄罗斯和国外使用和开发。指出数字技术可以使监管法律行为系统化,并提出了利用数字技术预测未来法律监管方向的问题。结论是有必要确定立法数字化的主要方向和原则,立法过程中引入数字技术的目标和限度。
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引用次数: 0
Organization of Public Power in the Constituent Entities of the Russian Federation: Reforming or Improving? 俄罗斯联邦主体中的公共权力组织:改革还是完善?
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2021.4.2.
E. Aleksandrova
The introduction of the principle of unity of public authority has led to the development of a new federal law «On the general principles of the public authority organization in the constituent entities of the Russian Federation». In this regard, the author set the goal: to determine how the provisions of this law change the system and status of public authorities of the constituent entities of the Russian Federation. When considering these issues a wide range of methods was used, including the method of analysis, comparison, logical, deduction and generalization. As a result of the study the features of the state power system of the constituent entities of the Russian Federation were identified, the main of which, in our view, is the attribution of the highest official to the mandatory bodies of state power of the constituent entities of the Russian Federation; the consistency of existing models of state power organization of the constituent entities of the Russian Federation was outlined. In this case, due to a different legal technique and the allocation of provisions on the highest official in a separate chapter of the law, there is a certain confusion with the definition of his position in the system of public authorities of the constituent entities of the Russian Federation. The author supports the provisions of the law on the inclusion of the highest official of a constituent entity of the Russian Federation among the mandatory in the system of public authorities of a constituent entity of the Russian Federation, and justifies the need to include provisions on it in the chapter on executive power bodies.
公共权力统一原则的引入导致了新的联邦法律“关于俄罗斯联邦组成实体中公共权力组织的一般原则”的发展。在这方面,发件人的目标是:确定该法的规定如何改变俄罗斯联邦组成实体的公共当局的制度和地位。在考虑这些问题时,使用了广泛的方法,包括分析法,比较法,逻辑法,演绎法和泛化法。通过研究,确定了俄罗斯联邦主体国家权力体系的特点,我们认为,主要特点是最高官员归属于俄罗斯联邦主体的强制性国家权力机构;概述了俄罗斯联邦各组成实体现有国家权力组织模式的一致性。在这种情况下,由于不同的法律技术和在法律的单独一章中分配关于最高官员的规定,对他在俄罗斯联邦组成实体的公共当局制度中的地位的定义存在某种混淆。发件人支持法律中关于将俄罗斯联邦组成实体的最高官员列入俄罗斯联邦组成实体的公共当局制度的强制性规定的规定,并说明有必要在关于执行权力机构的一章中列入有关规定。
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引用次数: 0
Organizational and Legal Problems of the Judicial System and Judicial Proceedings Development in the Russian State (XV – XVI Centuries) 俄罗斯国家司法系统的组织和法律问题及司法程序的发展(十五至十六世纪)
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2021.4.1.
V. Babenko
The article deals with organizational and legal problems of the judicial system and proceedings in Russia in the XV - XVI centuries, the relevance of which remained in the subsequent periods of its history. In the period under consideration, judicial books as a new type of law sources became widespread. First, these were the Code of Laws (Sudebnic) of 1497 and the Code of Laws (Sudebnic) of 1550. In addition to them such sources as Stoglav of 1551, statutory books of separate orders, statutory letters of viceroyalty administration, gubnye and zemstvo letters, etc. were widely used. The subject of the research is not only normative legal acts, which regulated activity of judicial bodies, but also problems and peculiarities of Russian centralized state courts functioning during the period of reforms carried out by Tsar Ivan IV and oprichnina policy, aimed at central state power strengthening. The aim of the article is to reveal problems and peculiarities in the development of judicial system and legal procedure during the period of Russian centralized state formation and class-representative monarchy formation. The methodological basis of the work consists of historical legal and comparative legal methods. The article analyzes the causes and nature of changes occurring in the system of the judicial system and legal proceedings in Russia during the period under consideration. The author concludes that the use of the term «Moscow state» in the title of the period considerably limits the researchers' possibilities to study the regional materials concerning the peculiarities of the development of the local courts in the territories of the Volga region developed by Russia in the 16th century. The received results and conclusions can be used in studying the history of state and law.
文章处理的组织和法律问题的司法制度和诉讼在俄罗斯在十五至十六世纪,其相关性仍然在其历史的后续时期。在此期间,司法典籍作为一种新型的法律渊源得到了广泛的应用。首先是1497年法典(Sudebnic)和1550年法典(Sudebnic)。除此之外,1551年的stogllav,单独命令的法定书籍,总督行政的法定信件,gubnye和zemstvo信件等来源也被广泛使用。研究的主题不仅是规范司法机构活动的规范性法律行为,而且是沙皇伊凡四世和旨在加强中央国家权力的奥普里契纳政策进行改革期间俄罗斯中央国家法院运作的问题和特点。本文旨在揭示俄国中央集权国家形成和阶级代议制君主国形成时期司法制度和法律程序发展的问题和特点。本书的方法论基础包括历史法学方法和比较法学方法。本文分析了这一时期俄罗斯司法制度和诉讼制度发生变化的原因和性质。作者的结论是,在这一时期的标题中使用“莫斯科州”一词大大限制了研究人员研究有关16世纪俄罗斯发展的伏尔加河地区地方法院发展特点的区域材料的可能性。所得结果和结论可用于研究国家和法律的历史。
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引用次数: 0
ON THE INDIVIDUAL DETERMINANTS OF CRIMES COMMITTED BY STUDENTS OF SECONDARY AND VOCATIONAL EDUCATION ORGANIZATIONS 论中等职业教育机构学生犯罪的个体决定因素
Pub Date : 1900-01-01 DOI: 10.21639/2313-6715.2019.1.5
E. Sidorova
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引用次数: 0
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Prologue: Law Journal
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