Pub Date : 1900-01-01DOI: 10.21639/2313-6715.2020.2.3
D. Parkhomenko
{"title":"The crime for the first time and its reflection in the criminal legislation of Russia: history of issue","authors":"D. Parkhomenko","doi":"10.21639/2313-6715.2020.2.3","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.2.3","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":"128428259","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: 10.21639/2313-6715.2021.1.1.
A. Makutchev
The article presents the results of the analysis of the Frankish criminal law main provisions in the Early Middle Ages, namely, the aspects of the application of punishments for the main types of crimes. This analysis was based on the norms of two sources: the Salic Law, which is deservedly considered to be one of the most important barbarian laws, and the Ripuarian Law, which is less studied in domestic historiography, which consolidated the customary law of the Ripuarian Franks. The aim of the study was a comparative analysis of the Salic and Ripuarian laws, aimed at identifying both common characteristics of criminal law for both documents, and features that reflect various aspects of the Salic and Ripuarian Franks social and economic development. In the course of the conducted research, the qualification of the main criminal offenses according to the Ripuarian and Salic Laws was determined, the characteristic features of the criminal legislation fixed by both sources were identified (class status, the predominance of material penalties, etc.). Based on the comparison of the norms of both Laws, the author also concludes that the historical value of the Ripuarian Law is higher than it is commonly believed: while repeating the norms of the Salic Law in some parts, neverthelessб it does not duplicate it, but complements and expands the characteristics of a legal institutions number.
{"title":"Crimes and Punishments according to Salic and Ripuarian Laws","authors":"A. Makutchev","doi":"10.21639/2313-6715.2021.1.1.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.1.1.","url":null,"abstract":"The article presents the results of the analysis of the Frankish criminal law main provisions in the Early Middle Ages, namely, the aspects of the application of punishments for the main types of crimes. This analysis was based on the norms of two sources: the Salic Law, which is deservedly considered to be one of the most important barbarian laws, and the Ripuarian Law, which is less studied in domestic historiography, which consolidated the customary law of the Ripuarian Franks. The aim of the study was a comparative analysis of the Salic and Ripuarian laws, aimed at identifying both common characteristics of criminal law for both documents, and features that reflect various aspects of the Salic and Ripuarian Franks social and economic development. In the course of the conducted research, the qualification of the main criminal offenses according to the Ripuarian and Salic Laws was determined, the characteristic features of the criminal legislation fixed by both sources were identified (class status, the predominance of material penalties, etc.). Based on the comparison of the norms of both Laws, the author also concludes that the historical value of the Ripuarian Law is higher than it is commonly believed: while repeating the norms of the Salic Law in some parts, neverthelessб it does not duplicate it, but complements and expands the characteristics of a legal institutions number.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117009247","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: 10.21639/2313-6715.2022.3.3.
S. Sumenkov
The article examines the interconnection between legal awareness and legal discretion of the special subject. The author notes the particular role of that type of the special subject as a subject of law enforcement is noted. It is these subjects who exercise the powers of power of public authorities, directly applying the norms of law. The author points out some contradiction between the objectively existing diversity of social relations and the reference nature of law. In this aspect, the author pays considerable attention to the norms of a dispositive nature indicating the framework limits of the action of the law enforcement officer. This kind of a norm is initially endowed with such a quality as legal uncertainty that determines the practical significance of legal discretion. The article reveals the essence of law enforcement discretion, its role in the implementation of legal norms and individual legal regulation. The article covers the algorithms for making law enforcement decisions that are taken as a result of discretion as a special kind of thought activity of a special subject. The obvious dependence of the discretion of the law enforcement official on sense of justice of the last is emphasized. The main role is played by professional legal consciousness, consisting of various components of legal psychology and legal ideology. Practical examples prove the need for law enforcement discretion, the absence of which entails a gap in legal regulation. At the same time, the author draws the attention to the possibility of abuse of the right of both the consequence of the defective legal norms and the legal awareness of the subject of law enforcement. Attention is paid to the need for constant work both on improving legal prescriptions that allow for the possibility of law enforcement discretion and a positive impact on the legal consciousness of the subject of law enforcement.
{"title":"Legal Awareness of Special Subjects as a Determinant of Their Legal Discretion","authors":"S. Sumenkov","doi":"10.21639/2313-6715.2022.3.3.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.3.3.","url":null,"abstract":"The article examines the interconnection between legal awareness and legal discretion of the special subject. The author notes the particular role of that type of the special subject as a subject of law enforcement is noted. It is these subjects who exercise the powers of power of public authorities, directly applying the norms of law. The author points out some contradiction between the objectively existing diversity of social relations and the reference nature of law. In this aspect, the author pays considerable attention to the norms of a dispositive nature indicating the framework limits of the action of the law enforcement officer. This kind of a norm is initially endowed with such a quality as legal uncertainty that determines the practical significance of legal discretion. The article reveals the essence of law enforcement discretion, its role in the implementation of legal norms and individual legal regulation. The article covers the algorithms for making law enforcement decisions that are taken as a result of discretion as a special kind of thought activity of a special subject. The obvious dependence of the discretion of the law enforcement official on sense of justice of the last is emphasized. The main role is played by professional legal consciousness, consisting of various components of legal psychology and legal ideology. Practical examples prove the need for law enforcement discretion, the absence of which entails a gap in legal regulation. At the same time, the author draws the attention to the possibility of abuse of the right of both the consequence of the defective legal norms and the legal awareness of the subject of law enforcement. Attention is paid to the need for constant work both on improving legal prescriptions that allow for the possibility of law enforcement discretion and a positive impact on the legal consciousness of the subject of law enforcement.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"2 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":"116766492","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: 10.21639/2313-6715.2022.3.7
S. Parkhomenko, B. B. Zhigzhitova
The article highlights the results of the analysis of modern foreign legislative regulation of extreme necessity in the system of circumstances that exclude criminality of the act, fundamental concepts and international practice of resolving the situations connected to clash of interests in protected social relations and evaluation of legal consequences of the situations of the same kind. Using the method of comparative analysis that is expressed in comparing particular features and qualities that are intrinsic to the researched institutions with its domestic specifics led to reaching of the following goal: holistic view was formed in researching of special features of the viewed legal phenomenon. The issues of domestic practice of building of the norm of the extreme necessity were analyzed and successfully applied. The mentioned imperfections of foreign regulatory acts in regulation of extreme necessity allows preventing ungrounded implementation of norms of foreign legislature. They also allows preventing building of wrong practice of legislative regulation of norms in the sphere implementation of the domestic criminal law policy to ensure the protection of individual and collective goods, the legitimate interests of society and the state. The author of the article comprehends the attitude to the creature, legal content and the purpose of the institute of extreme necessity. The author also distinguishes possible promising directions for the development of Chapter 8 of the Criminal Law of the Russian Federation.
{"title":"Experience of Legislative Regulation of Extreme Necessity: Compfrftive Analysis.","authors":"S. Parkhomenko, B. B. Zhigzhitova","doi":"10.21639/2313-6715.2022.3.7","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.3.7","url":null,"abstract":"The article highlights the results of the analysis of modern foreign legislative regulation of extreme necessity in the system of circumstances that exclude criminality of the act, fundamental concepts and international practice of resolving the situations connected to clash of interests in protected social relations and evaluation of legal consequences of the situations of the same kind. Using the method of comparative analysis that is expressed in comparing particular features and qualities that are intrinsic to the researched institutions with its domestic specifics led to reaching of the following goal: holistic view was formed in researching of special features of the viewed legal phenomenon. The issues of domestic practice of building of the norm of the extreme necessity were analyzed and successfully applied. The mentioned imperfections of foreign regulatory acts in regulation of extreme necessity allows preventing ungrounded implementation of norms of foreign legislature. They also allows preventing building of wrong practice of legislative regulation of norms in the sphere implementation of the domestic criminal law policy to ensure the protection of individual and collective goods, the legitimate interests of society and the state. The author of the article comprehends the attitude to the creature, legal content and the purpose of the institute of extreme necessity. The author also distinguishes possible promising directions for the development of Chapter 8 of the Criminal Law of the Russian Federation.","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":"121546682","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: 10.21639/2313-6715.2022.1.4.
U. Filatova
One of the actual directions of the modern legislation development in Russia remains legal provision of social sphere transition from state to private sector of economy. Along with the new legal phenomenon – social entrepreneurship – a number of other legal categories requiring theoretical understanding have appeared. This article analyzes the legal nature of the social certificate for public municipal services in the social sphere. According to the law, the social certificate is a registered document certifying the right of the consumer of services or his legal representative to choose a provider of social services in a certain volume and on certain conditions, as well as in the cases established by regulatory legal acts of a certain quality and the right of the provider of services to receive from the appropriate budget of the budgetary system of the Russian Federation funds for financial support (compensation) of costs associated with the provision of the relevant state (municipal) service. Due to the fact that the process of providing social services is regulated by both social and civil legislation, the study of the legal nature of the certificate for rendering services in the social sphere is carried out through the analysis of similar legal structures characteristic of both public (housing certificate, certificate for the right to receive maternity capital) and private law (securities, gift certificate). The author substantiates the conclusion that the certificate for the provision of state (municipal) services in the social sphere can be characterized as an obligation of option type with a number of features determined by the specifics of services that constitute the subject of this contract.
{"title":"Social Certificate for State (Municipal) Services in the Social Spheres: To the Question of the Legal Nature","authors":"U. Filatova","doi":"10.21639/2313-6715.2022.1.4.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.1.4.","url":null,"abstract":"One of the actual directions of the modern legislation development in Russia remains legal provision of social sphere transition from state to private sector of economy. Along with the new legal phenomenon – social entrepreneurship – a number of other legal categories requiring theoretical understanding have appeared. This article analyzes the legal nature of the social certificate for public municipal services in the social sphere. According to the law, the social certificate is a registered document certifying the right of the consumer of services or his legal representative to choose a provider of social services in a certain volume and on certain conditions, as well as in the cases established by regulatory legal acts of a certain quality and the right of the provider of services to receive from the appropriate budget of the budgetary system of the Russian Federation funds for financial support (compensation) of costs associated with the provision of the relevant state (municipal) service. Due to the fact that the process of providing social services is regulated by both social and civil legislation, the study of the legal nature of the certificate for rendering services in the social sphere is carried out through the analysis of similar legal structures characteristic of both public (housing certificate, certificate for the right to receive maternity capital) and private law (securities, gift certificate). The author substantiates the conclusion that the certificate for the provision of state (municipal) services in the social sphere can be characterized as an obligation of option type with a number of features determined by the specifics of services that constitute the subject of this contract.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"92 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":"121579102","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: 10.21639/2313-6715.2019.1.1
V. Goryunov
{"title":"THE GENESIS OF ADMINISTRATIVE AND LEGAL REGIME OF HAZARDOUS PRODUCTION FACILITIES INDUSTRIAL SAFETY IN RUSSIA","authors":"V. Goryunov","doi":"10.21639/2313-6715.2019.1.1","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.1.1","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":"130811151","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: 10.21639/2313-6715.2022.1.10.
M. Kostyuchenko
The subjects of the study are the norms of the business trip institute in the labor legislation of the Russian Federation and other acts containing the norms of labour law, which allow to identify its essential features. The author analyzes the definition of a business trip specified in article 166 of the Labor Code of the RF, its features and duration. It is noted that the maximum term of a business trip is not legally limited, so the employer has the right to send an employee on a business trip of any length. The problematic issues of providing guarantees when sending employees on business trips, as well as reimbursement of costs associated with them are considered. It should be kept in mind that Article 166 of the RF Labor Code explicitly excludes from the business trips those employees, whose permanent work is carried out by travel status or has traveling nature. Consequently, expenses incurred by employees whose work is connected with regular business trips or with the itinerant nature of work cannot be regarded as business travel expenses. There are some differences between a business trip and a business travel with the itinerant nature of work. In particular, they consist in the fact that a business trip is usually of a one-time nature, while the itinerant nature of work implies regular business trips characteristic of this type of activity. In addition, the itinerant nature of work is an evaluative category, so the employer has the right to independently decide which jobs in the organization have the itinerant nature.
{"title":"To the Issue of Business Trips in Labour Law of the Russian Federation","authors":"M. Kostyuchenko","doi":"10.21639/2313-6715.2022.1.10.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.1.10.","url":null,"abstract":"The subjects of the study are the norms of the business trip institute in the labor legislation of the Russian Federation and other acts containing the norms of labour law, which allow to identify its essential features. The author analyzes the definition of a business trip specified in article 166 of the Labor Code of the RF, its features and duration. It is noted that the maximum term of a business trip is not legally limited, so the employer has the right to send an employee on a business trip of any length. The problematic issues of providing guarantees when sending employees on business trips, as well as reimbursement of costs associated with them are considered. It should be kept in mind that Article 166 of the RF Labor Code explicitly excludes from the business trips those employees, whose permanent work is carried out by travel status or has traveling nature. Consequently, expenses incurred by employees whose work is connected with regular business trips or with the itinerant nature of work cannot be regarded as business travel expenses. There are some differences between a business trip and a business travel with the itinerant nature of work. In particular, they consist in the fact that a business trip is usually of a one-time nature, while the itinerant nature of work implies regular business trips characteristic of this type of activity. In addition, the itinerant nature of work is an evaluative category, so the employer has the right to independently decide which jobs in the organization have the itinerant nature.","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":"114467124","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: 10.21639/2313-6715.2019.2.8
Yu.N. Rumiantseva
{"title":"Antimonopoly compliance as a part of the compliance program of the russian legislation implementation","authors":"Yu.N. Rumiantseva","doi":"10.21639/2313-6715.2019.2.8","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.2.8","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"33 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":"114581623","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.21639/2313-6715.2019.4.5
T. Otcheskaya, T. Afanasieva
{"title":"CONDITIONS FOR RESTORATION OF THE TERM FOR APPEALS IN CIVIL PROCEEDINGS AT THE REQUEST OF A PERSON NOT INVOLVED IN THE CASE","authors":"T. Otcheskaya, T. Afanasieva","doi":"10.21639/2313-6715.2019.4.5","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.4.5","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"47 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":"126466145","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: 10.21639/2313-6715.2021.2.3.
S. M. Vorobyev, I. Kusmin
The purpose of this study is a general theoretical characterization of the discrediting factor in the mechanism of legal liability implementation. The authors indicate the negative impact of discrediting on the effectiveness of legal liability and, in general, the work of bodies and officials in bringing to justice and its implementation. Specific forms (manifestations) of discredit are named, and their analytical description is given in relation to the subject of study. The necessity of countering discrediting at various stages of the dynamics of responsibility, including law-making and subsequent law enforcement activities, is justified. The relationship between the quality of the general legal theory of legal responsibility and the interdisciplinary methodology is indicated. It is proposed to develop a scientific and legal strategy to expand the research tools for understanding the social and legal reality that develops around the organization and implementation of activities for the assignment of legal responsibility. Based on the specifics of the discrediting effect, the article discloses the specifics of the discrediting factor in relation to the system of law enforcement agencies directly involved in the mechanism of implementing legal liability. The authors use statistical data indicating the level of trust in the institutions of public power, taking into account the discrediting influence exerted on them, and formulate the basic guidelines for the intensification of a comprehensive fight against discredit in the mechanism of legal liability implementation.
{"title":"The Discrediting Factor in the Legal Responsibility Implementation Mechanism: General Theoretical Aspect","authors":"S. M. Vorobyev, I. Kusmin","doi":"10.21639/2313-6715.2021.2.3.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.2.3.","url":null,"abstract":"The purpose of this study is a general theoretical characterization of the discrediting factor in the mechanism of legal liability implementation. The authors indicate the negative impact of discrediting on the effectiveness of legal liability and, in general, the work of bodies and officials in bringing to justice and its implementation. Specific forms (manifestations) of discredit are named, and their analytical description is given in relation to the subject of study. The necessity of countering discrediting at various stages of the dynamics of responsibility, including law-making and subsequent law enforcement activities, is justified. The relationship between the quality of the general legal theory of legal responsibility and the interdisciplinary methodology is indicated. It is proposed to develop a scientific and legal strategy to expand the research tools for understanding the social and legal reality that develops around the organization and implementation of activities for the assignment of legal responsibility. Based on the specifics of the discrediting effect, the article discloses the specifics of the discrediting factor in relation to the system of law enforcement agencies directly involved in the mechanism of implementing legal liability. The authors use statistical data indicating the level of trust in the institutions of public power, taking into account the discrediting influence exerted on them, and formulate the basic guidelines for the intensification of a comprehensive fight against discredit in the mechanism of legal liability implementation.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"7 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":"117269614","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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