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: 10.21639/2313-6715.2021.2.13.
A. Vasiliev, Y. Pechatnova
The article is devoted to a comprehensive interdisciplinary study of the term «game» and its relatively new variety – computer game. The need to use an interdisciplinary approach to the study of the term is explained by the versatility and multi-aspect nature of the phenomenon under study. The article reveals the meaning of the concept «game» in the philosophical, aesthetic, historical, cultural, linguistic, psychological, technological and legal dimensions. The research methodology includes historical, systematic methods, as well as the method of formal legal analysis. The author emphasizes the influence of the development of forms of game activity on the development of social evolution, as well as the interaction of the game and the achievements of scientific and technological progress. The relevance of studying the term «computer game» lies in the fact that computer games have become the most popular type of gaming activity and the most profitable commercial product on the modern market. In this regard, terminological certainty is necessary due to the economic feasibility and effective legal regulation of the development, implementation and use of computer games. The authors propose to identify the main features of the concept «game», in general, and the specific features of the term «computer game», in particular. Based on the set of features, the author's definition of the concept «computer game» is proposed. In order to distinguish the studied concept from related categories, the analysis of the terms «electronic game» and «video game» is carried out. In conclusion, the authors assess the approaches to the legal regulation of computer games from the point of view of domestic legislation. As a result of the analysis of the possibility of attributing a computer game to a variety of programs for electronic computers or a variety of multimedia products, the choice was made in favor of the latter. Thus, at present, in order to solve legal problems related to the development and use of a computer game, the authors propose the application of the law analogy.
{"title":"The Term «Computer Game»: The Experience of an Interdisciplinary Analysis","authors":"A. Vasiliev, Y. Pechatnova","doi":"10.21639/2313-6715.2021.2.13.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.2.13.","url":null,"abstract":"The article is devoted to a comprehensive interdisciplinary study of the term «game» and its relatively new variety – computer game. The need to use an interdisciplinary approach to the study of the term is explained by the versatility and multi-aspect nature of the phenomenon under study. The article reveals the meaning of the concept «game» in the philosophical, aesthetic, historical, cultural, linguistic, psychological, technological and legal dimensions. The research methodology includes historical, systematic methods, as well as the method of formal legal analysis. The author emphasizes the influence of the development of forms of game activity on the development of social evolution, as well as the interaction of the game and the achievements of scientific and technological progress. The relevance of studying the term «computer game» lies in the fact that computer games have become the most popular type of gaming activity and the most profitable commercial product on the modern market. In this regard, terminological certainty is necessary due to the economic feasibility and effective legal regulation of the development, implementation and use of computer games. The authors propose to identify the main features of the concept «game», in general, and the specific features of the term «computer game», in particular. Based on the set of features, the author's definition of the concept «computer game» is proposed. In order to distinguish the studied concept from related categories, the analysis of the terms «electronic game» and «video game» is carried out. In conclusion, the authors assess the approaches to the legal regulation of computer games from the point of view of domestic legislation. As a result of the analysis of the possibility of attributing a computer game to a variety of programs for electronic computers or a variety of multimedia products, the choice was made in favor of the latter. Thus, at present, in order to solve legal problems related to the development and use of a computer game, the authors propose the application of the law analogy.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"68 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":"127872143","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: 10.21639/2313-6715.2022.1.5.
S. Suslova
The article expresses the hypothesis that non-execution of the decisions of the Constitutional Court of the Russian Federation in the housing law sphere is often predetermined by the political and legal moments associated with the need to choose between the protection of economic turnover and housing rights of citizens. Often the apparent fair decision aimed at taking into account the social importance of housing relations, on the scale of public policy can lead to serious adverse economic consequences. The hypothesis was confirmed when analyzing several fundamental decisions of the Constitutional Court of the Russian Federation in the sphere of regulation of housing relations, including the position on the possibility to sell residential premises in which underage family members of the owner reside and who do not have the right of ownership, the position on property immunity with regard to the only residential premises, as well as the position on the execution major repairs by a public authority (former landlord of the residential premises). It is concluded that the most effective are those decisions of the Constitutional Court of the Russian Federation, in which this choice is made unambiguously, without any attempts to reconcile these two areas.
{"title":"ositions of the Constitutional Court of the Russian Federation in the Housing Sphere: Problems of Implementation","authors":"S. Suslova","doi":"10.21639/2313-6715.2022.1.5.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.1.5.","url":null,"abstract":"The article expresses the hypothesis that non-execution of the decisions of the Constitutional Court of the Russian Federation in the housing law sphere is often predetermined by the political and legal moments associated with the need to choose between the protection of economic turnover and housing rights of citizens. Often the apparent fair decision aimed at taking into account the social importance of housing relations, on the scale of public policy can lead to serious adverse economic consequences. The hypothesis was confirmed when analyzing several fundamental decisions of the Constitutional Court of the Russian Federation in the sphere of regulation of housing relations, including the position on the possibility to sell residential premises in which underage family members of the owner reside and who do not have the right of ownership, the position on property immunity with regard to the only residential premises, as well as the position on the execution major repairs by a public authority (former landlord of the residential premises). It is concluded that the most effective are those decisions of the Constitutional Court of the Russian Federation, in which this choice is made unambiguously, without any attempts to reconcile these two areas.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"71 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":"127356131","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: 10.21639/2313-6715.2019.1.4
A. Korshunov
{"title":"ISSUES OF STORAGE AND DESTRUCTION OF MATERIAL EVIDENCE –NARCOTIC DRUGS","authors":"A. Korshunov","doi":"10.21639/2313-6715.2019.1.4","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.1.4","url":null,"abstract":"","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":"123036880","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: 10.21639/2313-6715.2022.1.1.
I. B. Chagin
The article is devoted to the order of organization and implementation of experimental legal regimes in the Russian Federation and foreign countries. The author investigates modern domestic and foreign law enforcement practice of establishing experimental legal regimes in the field of innovative technologies, and using the example of Russian legislation, the mechanism of establishing experimental legal regimes presents the data on initiative proposals in this direction. As criteria for the analysis the peculiarities of normative-legal regulation of the procedure for establishing experimental legal regimes; peculiarities of the circle of persons and the territory of experimental legal regimes; peculiarities of determining the authorized officials and bodies that make decisions on the establishment of experimental legal regimes are highlighted. The question of understanding the order of experimental legal regimes establishment as either a law-making initiative or an administrative procedure is raised. The author substantiates the value of experimental legal regimes, which lies in the possibility to identify the negative consequences of the introduction of innovative technologies on a limited scale. The problem of establishing a balance between the rights and obligations of authorized bodies and persons taking the initiative to establish experimental legal regimes is outlined. The need for theoretical and legal research on the role of the state in the regulation of social relations associated with experimental legal regimes is pointed out.
{"title":"To the Question of Legal Regulation of Organization and Experimental Legal Regimes in the Sphere of Innovative Technologies","authors":"I. B. Chagin","doi":"10.21639/2313-6715.2022.1.1.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.1.1.","url":null,"abstract":"The article is devoted to the order of organization and implementation of experimental legal regimes in the Russian Federation and foreign countries. The author investigates modern domestic and foreign law enforcement practice of establishing experimental legal regimes in the field of innovative technologies, and using the example of Russian legislation, the mechanism of establishing experimental legal regimes presents the data on initiative proposals in this direction. As criteria for the analysis the peculiarities of normative-legal regulation of the procedure for establishing experimental legal regimes; peculiarities of the circle of persons and the territory of experimental legal regimes; peculiarities of determining the authorized officials and bodies that make decisions on the establishment of experimental legal regimes are highlighted. The question of understanding the order of experimental legal regimes establishment as either a law-making initiative or an administrative procedure is raised. The author substantiates the value of experimental legal regimes, which lies in the possibility to identify the negative consequences of the introduction of innovative technologies on a limited scale. The problem of establishing a balance between the rights and obligations of authorized bodies and persons taking the initiative to establish experimental legal regimes is outlined. The need for theoretical and legal research on the role of the state in the regulation of social relations associated with experimental legal regimes is pointed out.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"56 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":"122501062","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: 10.21639/2313-6715.2022.2.9.
N. Egorov
The author analyses the process of proving as gathering, checking, evaluating and using the evidence in the purpose of determining the circumstances that have to be proven. It means that the author views the process of proving somewhat broader than it is cited in the Article 85 of the Criminal Law Code of the Russian Federation. The recording is the second element of the evidence gathering after they have been searched for and found. The author analyses the classification of the evidence recording. It can be of two kinds: obligatory or prescribed by the Criminal Procedure Law and optional or recommended by law (with regard to Criminal Procedure Law); the classification also divide them on subjective or depending on the qualities of the personality of the subject who record the evident. In this case his or her knowledge, skills and professional experience is taken into account. Objective, on the other hand, are based on physical, chemical or other processes (these processes are the basis of the recording). The article pays close attention to the means of the recording of evidence, especially to photo and video recording as these are the graphic ways to record evidence that are frequently used in practice. The author specifies that the content of the systems of methods of forensic and investigative photography implies including into it panoramic shooting, measuring, reproduction, identification photography and macro photography. Modern technical equipment and software for video recording allow to perform high-speed and slow-motion video shooting that can be viewed as special technical means that can be used while conducting examinations and some investigative actions.
{"title":"Criminalistic Aspects of Production of Visual-Figurative Methods of Evidence Recording","authors":"N. Egorov","doi":"10.21639/2313-6715.2022.2.9.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.2.9.","url":null,"abstract":"The author analyses the process of proving as gathering, checking, evaluating and using the evidence in the purpose of determining the circumstances that have to be proven. It means that the author views the process of proving somewhat broader than it is cited in the Article 85 of the Criminal Law Code of the Russian Federation. The recording is the second element of the evidence gathering after they have been searched for and found. The author analyses the classification of the evidence recording. It can be of two kinds: obligatory or prescribed by the Criminal Procedure Law and optional or recommended by law (with regard to Criminal Procedure Law); the classification also divide them on subjective or depending on the qualities of the personality of the subject who record the evident. In this case his or her knowledge, skills and professional experience is taken into account. Objective, on the other hand, are based on physical, chemical or other processes (these processes are the basis of the recording). The article pays close attention to the means of the recording of evidence, especially to photo and video recording as these are the graphic ways to record evidence that are frequently used in practice. The author specifies that the content of the systems of methods of forensic and investigative photography implies including into it panoramic shooting, measuring, reproduction, identification photography and macro photography. Modern technical equipment and software for video recording allow to perform high-speed and slow-motion video shooting that can be viewed as special technical means that can be used while conducting examinations and some investigative actions.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"277 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":"123427508","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: 10.21639/2313-6715.2020.3.3
Z. Lambaev
{"title":"On Compensation for Loss of the Right to Housing","authors":"Z. Lambaev","doi":"10.21639/2313-6715.2020.3.3","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.3.3","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"39 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":"120953008","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: 10.21639/2313-6715.2022.2.1.
V.A. Vitushko
Law ideology of the post-soviet states that have been participating in market conditions of social and economic development and that have declared themselves by the constitution as social may seem equal. However, their law systems are not the same. Development of interstate interaction in the frames of the Union State of Belarus and Russia as well as the EAEU requires deep harmonization of the law systems of those countries. Socialization may serve as institutional platform of the law systems harmonization. The idea of socialization was born in Europe in the end of the XIX century. Its purpose was to curb bourgeois individualism and egoism. Nowadays it has been transformed in the direction of balanced combination of interests of all the layers of the society, its partners and collaboration. When applied to the conditions of the modern state of law systems of the post-soviet states, if we take the civil law as an example, main principles of its socializations are described. There are the following principles that are related to the basis of the subject of the civil law: the unity of property and personal non-property relations; interdisciplinary approach to the regulation of civil relations; intersectional legal regulation of civil relations. The main basics of the methods are the unity of the general scientific and civil legal methodology; solidarity, parity, coordination of rights, obligations and legal interests of the person, second parties and society; individualization and specification of civil relations. Other elements of the system of the civil law should be based on the following principles: interconnection of the institutions and other elements of the system of the civil right; the indissoluble connection of an indefinite number of civil legal relations; unity of civil rights and obligations, permissions, prohibitions and regulations.
{"title":"Formation and Development of Social Law","authors":"V.A. Vitushko","doi":"10.21639/2313-6715.2022.2.1.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.2.1.","url":null,"abstract":"Law ideology of the post-soviet states that have been participating in market conditions of social and economic development and that have declared themselves by the constitution as social may seem equal. However, their law systems are not the same. Development of interstate interaction in the frames of the Union State of Belarus and Russia as well as the EAEU requires deep harmonization of the law systems of those countries. Socialization may serve as institutional platform of the law systems harmonization. The idea of socialization was born in Europe in the end of the XIX century. Its purpose was to curb bourgeois individualism and egoism. Nowadays it has been transformed in the direction of balanced combination of interests of all the layers of the society, its partners and collaboration. When applied to the conditions of the modern state of law systems of the post-soviet states, if we take the civil law as an example, main principles of its socializations are described. There are the following principles that are related to the basis of the subject of the civil law: the unity of property and personal non-property relations; interdisciplinary approach to the regulation of civil relations; intersectional legal regulation of civil relations. The main basics of the methods are the unity of the general scientific and civil legal methodology; solidarity, parity, coordination of rights, obligations and legal interests of the person, second parties and society; individualization and specification of civil relations. Other elements of the system of the civil law should be based on the following principles: interconnection of the institutions and other elements of the system of the civil right; the indissoluble connection of an indefinite number of civil legal relations; unity of civil rights and obligations, permissions, prohibitions and regulations.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"56 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":"122201747","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: 10.21639/2313-6715.2019.4.4
R. Kolobov
{"title":"SOME OBSERVATIONS ON THE APPLICATION BY ARBITRAL TRIBUNALS OF THE RULES ON NON-CONTRACTUAL OBLIGATIONS IN INTERNATIONAL PRIVATE LAW","authors":"R. Kolobov","doi":"10.21639/2313-6715.2019.4.4","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.4.4","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":"115328734","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: 10.21639/2313-6715.2022.2.4.
V. Shutova
The subject of the research in the framework of this article is legal security as one of the fields of the national security of Russia. The author of the article analyzes various approaches to understanding of legal security in the modern legal science. The author equally concludes that legal security can be understood in two aspects: axiological and instrumental. The author points out that the supporters of the axiological approach, basing their statements on the values of law, determine legal security as the state of immunity of the legal system itself from different threats. Whereas the supporters of the instrumental approach argue that the law should have the essential role in providing security of the personality, the society and the State. It is underlined that using different approaches, however, one can distinguish general intrinsic characteristics of legal security. While considering the threats to legal security, the author considers its classical division into internal and external. The following negative phenomena are described as the main internal threats: enactment of regulatory legal acts that violate the norms of the Constitution of the Russian Federation; lacunae and contradictions in the legislation; failure to enact the decisions of Constitutional Court of the Russian Federation; nihilistic attitude to law. The author indicates crisis phenomena in the socio-political life of the country that have a negative impact on law making and law-enforcement. The author of the article concludes that, nowadays, the main threat to legal security in Russia is the low quality of the modern legislation that is manifested in its abundance, situation-specifics, contradictions and technical imperfection.
{"title":"Legal Security of the Russian Federation: Problems of Understanding and Assessment of Modern Threats","authors":"V. Shutova","doi":"10.21639/2313-6715.2022.2.4.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.2.4.","url":null,"abstract":"The subject of the research in the framework of this article is legal security as one of the fields of the national security of Russia. The author of the article analyzes various approaches to understanding of legal security in the modern legal science. The author equally concludes that legal security can be understood in two aspects: axiological and instrumental. The author points out that the supporters of the axiological approach, basing their statements on the values of law, determine legal security as the state of immunity of the legal system itself from different threats. Whereas the supporters of the instrumental approach argue that the law should have the essential role in providing security of the personality, the society and the State. It is underlined that using different approaches, however, one can distinguish general intrinsic characteristics of legal security. While considering the threats to legal security, the author considers its classical division into internal and external. The following negative phenomena are described as the main internal threats: enactment of regulatory legal acts that violate the norms of the Constitution of the Russian Federation; lacunae and contradictions in the legislation; failure to enact the decisions of Constitutional Court of the Russian Federation; nihilistic attitude to law. The author indicates crisis phenomena in the socio-political life of the country that have a negative impact on law making and law-enforcement. The author of the article concludes that, nowadays, the main threat to legal security in Russia is the low quality of the modern legislation that is manifested in its abundance, situation-specifics, contradictions and technical imperfection.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"5 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":"122329930","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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