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: 10.21639/2313-6715.2020.3.8
E. Madaev
{"title":"Theoretical and Legal Problems of Introducing the Term «Senator» to the Constitution of the Russian Federation","authors":"E. Madaev","doi":"10.21639/2313-6715.2020.3.8","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.3.8","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"25 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":"132225366","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}
Pub Date : 1900-01-01DOI: 10.21639/2313-6715.2019.3.8
Y. Kovalenko
{"title":"Some legal problems of invalidation of premises in apartment buildings owners` meetings decisions in case of managing organizations` and homeowners`assosiations` bankruptcy","authors":"Y. Kovalenko","doi":"10.21639/2313-6715.2019.3.8","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.3.8","url":null,"abstract":"","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":"122330823","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: 10.21639/2313-6715.2020.4.8
A. Bychkova
The article presents the data of analytical research relating to the announcements of dissertations on the specialty «12.00.13 – Information Law» in the period from the beginning of 2001 to December 2020. The author analyzed the total number of dissertations, the number of various dissertation councils, participation of various schools in preparing dissertations, the distribution of dissertations according to areas within the specialty 12.00.13, the number and content of «information-oriented» dissertations on other specialties in the period from the beginning of 1995 to December 2020. In conclusion, the author draws attention to the existing trends and characteristics of the specialty under consideration.
{"title":"Information Law (Specialty 12.00.13): Statistical Study of Themes and the Number of Dissertations Presented to Defence","authors":"A. Bychkova","doi":"10.21639/2313-6715.2020.4.8","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.4.8","url":null,"abstract":"The article presents the data of analytical research relating to the announcements of dissertations on the specialty «12.00.13 – Information Law» in the period from the beginning of 2001 to December 2020. The author analyzed the total number of dissertations, the number of various dissertation councils, participation of various schools in preparing dissertations, the distribution of dissertations according to areas within the specialty 12.00.13, the number and content of «information-oriented» dissertations on other specialties in the period from the beginning of 1995 to December 2020. In conclusion, the author draws attention to the existing trends and characteristics of the specialty under consideration.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"101 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":"125770058","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: 10.21639/2313-6715.2020.3.4
V. Tatarnikov, Y. Nikitin
{"title":"ystem of Crimes Against the Person and Problems of Its Improvement","authors":"V. Tatarnikov, Y. Nikitin","doi":"10.21639/2313-6715.2020.3.4","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.3.4","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"13 11 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":"126630494","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: 10.21639/2313-6715.2020.3.7
Yu. A. Saranova, Yuriy V. Kharmaev
{"title":"To the Problem of Prosecutor`s Supervision Over the Inquiry and Preliminary Investigation Bodies` Execution of the Federal Legislation Requirements When Receiving, Registering and Resolving Reports on Crimes","authors":"Yu. A. Saranova, Yuriy V. Kharmaev","doi":"10.21639/2313-6715.2020.3.7","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.3.7","url":null,"abstract":"","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":"116008798","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: 10.21639/2313-6715.2020.3.5
S. Parhomenko, V. A. Demchenko
{"title":"Causing Harm to the Life and Health of Patients: Topical Issues of Determining the Subject of a Crime","authors":"S. Parhomenko, V. A. Demchenko","doi":"10.21639/2313-6715.2020.3.5","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.3.5","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"54 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":"114500856","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}