Pub Date : 2023-01-01DOI: 10.31857/s102694520027260-7
Ekaterina V. Mikhailova
The article is devoted to the study of the prerequisites of the right to sue in modern conditions. The foundations of the traditional doctrine of the prerequisites and conditions for applying to the court with a statement of claim were laid in the early Soviet period, including in the works of outstanding scientists of the Institute of State and Law of the Russian Academy of Sciences. Currently, procedural legislation in Russia is characterized by a pronounced differentiation of procedural forms of protection. If in the Soviet period all civil cases were considered and resolved by a court of general jurisdiction within the framework of a single civil procedure, today administrative and arbitration proceedings have received the status of an independent form of protection. Accordingly, there was a problem of criteria for distinguishing the entire array of civil cases not only within the judicial system, but also according to the applicable procedural forms of protection of violated rights, freedoms and legitimate interests. We are talking about the jurisdiction of civil cases – the basic prerequisite of the right to sue. Despite the refusal of the legislator to use this term, the main task of the holder of the violated right when applying for judicial protection is still to determine the competent judicial authority. In addition, his duty is also to determine the procedural legislation applicable in the case (this can be called the “applicability of the procedural form”). Another prerequisite for the right to initiate a civil case is the applicant’s compliance with the mandatory pre-trial (claim) procedure for dispute settlement in a number of civil cases. Based on the theoretical analysis of the categories “civil case”, “out-of-court dispute settlement”, research of the legal nature of Civil Law, conclusions and proposals for improving the current procedural legislation are formulated.
{"title":"Preconditions for the right to bring claim: state of the art","authors":"Ekaterina V. Mikhailova","doi":"10.31857/s102694520027260-7","DOIUrl":"https://doi.org/10.31857/s102694520027260-7","url":null,"abstract":"The article is devoted to the study of the prerequisites of the right to sue in modern conditions. The foundations of the traditional doctrine of the prerequisites and conditions for applying to the court with a statement of claim were laid in the early Soviet period, including in the works of outstanding scientists of the Institute of State and Law of the Russian Academy of Sciences. Currently, procedural legislation in Russia is characterized by a pronounced differentiation of procedural forms of protection. If in the Soviet period all civil cases were considered and resolved by a court of general jurisdiction within the framework of a single civil procedure, today administrative and arbitration proceedings have received the status of an independent form of protection. Accordingly, there was a problem of criteria for distinguishing the entire array of civil cases not only within the judicial system, but also according to the applicable procedural forms of protection of violated rights, freedoms and legitimate interests. We are talking about the jurisdiction of civil cases – the basic prerequisite of the right to sue. Despite the refusal of the legislator to use this term, the main task of the holder of the violated right when applying for judicial protection is still to determine the competent judicial authority. In addition, his duty is also to determine the procedural legislation applicable in the case (this can be called the “applicability of the procedural form”). Another prerequisite for the right to initiate a civil case is the applicant’s compliance with the mandatory pre-trial (claim) procedure for dispute settlement in a number of civil cases. Based on the theoretical analysis of the categories “civil case”, “out-of-court dispute settlement”, research of the legal nature of Civil Law, conclusions and proposals for improving the current procedural legislation are formulated.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"301 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135502210","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 : 2023-01-01DOI: 10.31857/s102694520027659-5
Marina S. Lizikova
The article considers the choice of the European Union in favor of nuclear energy: political decisions and legal acts at the EU level are analyzed in the light of the EU Taxonomy, which is a key piece of legislation aimed at promoting the Green Deal, the Law on Delegated Taxonomy, the EU Parliament Regulation on the classification of hydrogen, produced by nuclear power plants as a low-carbon, as well as the Clean Zero Industry Act (NZIA). Based on the analysis of political programs, provisions of strategic planning documents and legislation of a number of EU member states, the author notes that they are increasingly making decisions in favor of this energy source by setting specific goals and specific investment measures in national plans. The study also touches upon the issue of sanctions against Russian nuclear energy. It is concluded that the variability and inconsistency of the EU energy sector regulation requires a systematic analysis of ongoing initiatives both at the EU level and at the level of its member states in order to strategically prepare for increasing resilience in the crisis conditions of the Russian economy.
{"title":"Political and legal aspects of paradigm change in the development of nuclear energy in the EU","authors":"Marina S. Lizikova","doi":"10.31857/s102694520027659-5","DOIUrl":"https://doi.org/10.31857/s102694520027659-5","url":null,"abstract":"The article considers the choice of the European Union in favor of nuclear energy: political decisions and legal acts at the EU level are analyzed in the light of the EU Taxonomy, which is a key piece of legislation aimed at promoting the Green Deal, the Law on Delegated Taxonomy, the EU Parliament Regulation on the classification of hydrogen, produced by nuclear power plants as a low-carbon, as well as the Clean Zero Industry Act (NZIA). Based on the analysis of political programs, provisions of strategic planning documents and legislation of a number of EU member states, the author notes that they are increasingly making decisions in favor of this energy source by setting specific goals and specific investment measures in national plans. The study also touches upon the issue of sanctions against Russian nuclear energy. It is concluded that the variability and inconsistency of the EU energy sector regulation requires a systematic analysis of ongoing initiatives both at the EU level and at the level of its member states in order to strategically prepare for increasing resilience in the crisis conditions of the Russian economy.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135051914","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 : 2023-01-01DOI: 10.31857/s102694520027271-9
Natalya V. Krotkova
Review of the All-Russian Conference with international participation “History of political and legal doctrines as a scientific and educational discipline”, held on April 20, 2023 at the Faculty of Law at Lomonosov Moscow State University, offers a wide range of positions on the history of political and legal doctrines. The participants, who are somehow connected with this discipline, express their opinion about its role and place in the modern educational process, its history and content, its significance for the training of lawyers, its general cultural function in the socializa-tion of personality and the formation of an ideological position. The speakers agreed that the post-Soviet period is characterized by a steady decline in the share of theoretical and historical disciplines in our legal education. The general conclusion is made that a disdainful attitude to fundamental legal science, including the history of political and legal doctrines, is fraught with a decrease not only in the level of professional training of lawyers, but also their general cultural level.
{"title":"All-Russian Conference with international participation “History of political and legal doctrines as a scientific and educational discipline”","authors":"Natalya V. Krotkova","doi":"10.31857/s102694520027271-9","DOIUrl":"https://doi.org/10.31857/s102694520027271-9","url":null,"abstract":"Review of the All-Russian Conference with international participation “History of political and legal doctrines as a scientific and educational discipline”, held on April 20, 2023 at the Faculty of Law at Lomonosov Moscow State University, offers a wide range of positions on the history of political and legal doctrines. The participants, who are somehow connected with this discipline, express their opinion about its role and place in the modern educational process, its history and content, its significance for the training of lawyers, its general cultural function in the socializa-tion of personality and the formation of an ideological position. The speakers agreed that the post-Soviet period is characterized by a steady decline in the share of theoretical and historical disciplines in our legal education. The general conclusion is made that a disdainful attitude to fundamental legal science, including the history of political and legal doctrines, is fraught with a decrease not only in the level of professional training of lawyers, but also their general cultural level.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135501063","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 : 2023-01-01DOI: 10.31857/s102694520017838-2
Dinara M. Latypova
The article considers honor and dignity as objects of criminal and administrative offenses. The norms of criminal and administrative legislation providing for liability for attacks on the honor and dignity of the individual are analyzed. The issues of differentiation of the elements of crimes, offenses that have honor and dignity as the main and additional object are considered. Examining the gaps in the current legislation, the authors propose to provide for criminal liability for repeated commission of an administrative offense - insults in the Article 128.2 of the Criminal Code of the Russian Federation.
{"title":"Honor and dignity as objects of criminal law protection","authors":"Dinara M. Latypova","doi":"10.31857/s102694520017838-2","DOIUrl":"https://doi.org/10.31857/s102694520017838-2","url":null,"abstract":"The article considers honor and dignity as objects of criminal and administrative offenses. The norms of criminal and administrative legislation providing for liability for attacks on the honor and dignity of the individual are analyzed. The issues of differentiation of the elements of crimes, offenses that have honor and dignity as the main and additional object are considered. Examining the gaps in the current legislation, the authors propose to provide for criminal liability for repeated commission of an administrative offense - insults in the Article 128.2 of the Criminal Code of the Russian Federation.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135502205","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 : 2023-01-01DOI: 10.31857/s102694520027656-2
Natalia A. Lopashenko
The author discusses two types of crisis in Criminal Law: on the one hand, the crisis of criminal law doctrine, which has already been sufficiently investigated, on the other - the crisis of Criminal Law itself, which Professor A.E. Zhalinsky was one of the first to write about, highlighting its (crisis) social and legal signs. Through the analysis of both, using a large illustrative material (economic, statistical, doctrinal), the author comes to the conclusion that Criminal Law is currently in a state of crisis, while different crisis signs have different degrees of severity.
{"title":"On the crisis of Russian criminal law (re-reading A.E. Zhalinsky)","authors":"Natalia A. Lopashenko","doi":"10.31857/s102694520027656-2","DOIUrl":"https://doi.org/10.31857/s102694520027656-2","url":null,"abstract":"The author discusses two types of crisis in Criminal Law: on the one hand, the crisis of criminal law doctrine, which has already been sufficiently investigated, on the other - the crisis of Criminal Law itself, which Professor A.E. Zhalinsky was one of the first to write about, highlighting its (crisis) social and legal signs. Through the analysis of both, using a large illustrative material (economic, statistical, doctrinal), the author comes to the conclusion that Criminal Law is currently in a state of crisis, while different crisis signs have different degrees of severity.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135051908","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 : 2023-01-01DOI: 10.31857/s102694520023529-2
Larisa V. Vereina
The judgement of ICJ of 1970 brought about the need for theoretical basis for erga omnes obligations in international legal science. The following state and ICJ practice failed to create any uniform solution for identification of these rules. Therefore, the international legal teachings became essential for developing individual criteria and approaches to separate erga omnes rules and other rules of International Law.
{"title":"Identification criteria for erga omnes obligations","authors":"Larisa V. Vereina","doi":"10.31857/s102694520023529-2","DOIUrl":"https://doi.org/10.31857/s102694520023529-2","url":null,"abstract":"The judgement of ICJ of 1970 brought about the need for theoretical basis for erga omnes obligations in international legal science. The following state and ICJ practice failed to create any uniform solution for identification of these rules. Therefore, the international legal teachings became essential for developing individual criteria and approaches to separate erga omnes rules and other rules of International Law.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"155 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135052262","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 : 2023-01-01DOI: 10.31857/s102694520027227-0
Sergey Gavrilov
In the article machine readability and machine executability of law can be considered as an imperative of digital transformation in the legal field. In the field of machine reading and machine execution of law, there are many subjects for discussion that are within the limits of purely utilitarian issues related exclusively to the field of information technology and focusing on issues of information systems, programming languages, technologies and tools for machine reading and machine execution and etc., and those that reach the level of problems of a mental, ontological, semiotic, hermeneutic and other nature. The author indicated terms that are significant for the problem under study are indicated and their definitions are given. Some issues related to the essential, linguistic and mental aspects of ensuring machine-readable and machine-executable law are highlighted.
{"title":"Machine-reading and machine-execution law: essential, linguistic and mental aspects","authors":"Sergey Gavrilov","doi":"10.31857/s102694520027227-0","DOIUrl":"https://doi.org/10.31857/s102694520027227-0","url":null,"abstract":"In the article machine readability and machine executability of law can be considered as an imperative of digital transformation in the legal field. In the field of machine reading and machine execution of law, there are many subjects for discussion that are within the limits of purely utilitarian issues related exclusively to the field of information technology and focusing on issues of information systems, programming languages, technologies and tools for machine reading and machine execution and etc., and those that reach the level of problems of a mental, ontological, semiotic, hermeneutic and other nature. The author indicated terms that are significant for the problem under study are indicated and their definitions are given. Some issues related to the essential, linguistic and mental aspects of ensuring machine-readable and machine-executable law are highlighted.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135502191","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 : 2023-01-01DOI: 10.31857/s102694520027226-9
Mikhail I. Kleandrov
The article substantiates the need to create in the Russian Federation a fundamentally new constitutional state authority under the conditional name of the Supreme Judicial Authority of the Russian Federation, similar to the fact that the highest legislative authority is the bicameral Parliament, and the executive authority is the Government of the Russian Federation. It is noted that such bodies exist in about half of the countries of the world, and in Russia it could quite realistically appear twice – in 1993 and in 2001. The author substantiates the inability to assign the functions of this body to the Supreme Court of the Russian Federation and other state authorities and bodies of the judicial community. It is proposed to give the supreme judicial authority the authority to ensure the independence of courts and judges, material resources, financial, personnel and other support for the effective judicial activity of the judicial system. Why is it proposed to give this body the rights: a) legislative initiative; b) adoption of necessary regulatory and administrative legal acts that are mandatory for execution by a specific circle of performers. The contours of the formation of this organ are proposed. It is strictly noted that the Supreme Judicial Authority will in no way be a judicial body – of any jurisdiction and of any instance. It is emphasized that the implementation of these proposals will require the development and adoption of a new Constitution of the Russian Federation.
{"title":"On the Supreme Judicial Authority of the Russian Federation","authors":"Mikhail I. Kleandrov","doi":"10.31857/s102694520027226-9","DOIUrl":"https://doi.org/10.31857/s102694520027226-9","url":null,"abstract":"The article substantiates the need to create in the Russian Federation a fundamentally new constitutional state authority under the conditional name of the Supreme Judicial Authority of the Russian Federation, similar to the fact that the highest legislative authority is the bicameral Parliament, and the executive authority is the Government of the Russian Federation. It is noted that such bodies exist in about half of the countries of the world, and in Russia it could quite realistically appear twice – in 1993 and in 2001. The author substantiates the inability to assign the functions of this body to the Supreme Court of the Russian Federation and other state authorities and bodies of the judicial community. It is proposed to give the supreme judicial authority the authority to ensure the independence of courts and judges, material resources, financial, personnel and other support for the effective judicial activity of the judicial system. Why is it proposed to give this body the rights: a) legislative initiative; b) adoption of necessary regulatory and administrative legal acts that are mandatory for execution by a specific circle of performers. The contours of the formation of this organ are proposed. It is strictly noted that the Supreme Judicial Authority will in no way be a judicial body – of any jurisdiction and of any instance. It is emphasized that the implementation of these proposals will require the development and adoption of a new Constitution of the Russian Federation.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135502204","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 : 2023-01-01DOI: 10.31857/s102694520027662-9
Aleksandr Yu. Sokolov
The article provides a comparative analysis of the approaches of different countries to the issues of combating crimes committed using information technology. The relevance of such studies is due to a number of factors, including the increase in the number of computer crimes, the complexity of the legal regulation of the information space, the possibility of borrowing proven legal structures, etc. The methodological basis of the study is the comparative legal method. The article identifies promising areas for improving the legal system (further development of the terminological apparatus, clarified the composition of computer crimes in the Criminal Code of the Russian Federation, the formation is proposed of a new Doctrine of information security (taking into account the experience of Singapore), the creation of special response teams to cyber incidents, the introduction of legislative assigned obligations for organizations to notify relevant authorities about computer incidents, etc.).
{"title":"The legal policy of foreign countries in the field of counteraction to crime committed with the use of information technologies","authors":"Aleksandr Yu. Sokolov","doi":"10.31857/s102694520027662-9","DOIUrl":"https://doi.org/10.31857/s102694520027662-9","url":null,"abstract":"The article provides a comparative analysis of the approaches of different countries to the issues of combating crimes committed using information technology. The relevance of such studies is due to a number of factors, including the increase in the number of computer crimes, the complexity of the legal regulation of the information space, the possibility of borrowing proven legal structures, etc. The methodological basis of the study is the comparative legal method. The article identifies promising areas for improving the legal system (further development of the terminological apparatus, clarified the composition of computer crimes in the Criminal Code of the Russian Federation, the formation is proposed of a new Doctrine of information security (taking into account the experience of Singapore), the creation of special response teams to cyber incidents, the introduction of legislative assigned obligations for organizations to notify relevant authorities about computer incidents, etc.).","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135057188","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 : 2023-01-01DOI: 10.31857/s102694520027225-8
Andrey V. Kartapolov
The article is a review of the three-volume scientific work “Military Law”, published in 2021 - 2022. The role and significance of the conducted research for the development of Military Law science are revealed, proposals for further promising research in the field of Military Law on topical issues of modern political and military history are formulated. The necessity of developing educational publications for military educational organizations on the basis of this monograph, the introduction of mandatory military legal training of military personnel into the system of military education is substantiated
{"title":"The “forgotten” branch of the Russian legal system “The Law of armed conflicts” is being revived with the release of the fundamental scientific work of the three-volume monograph “Military Law” (Some comments in connection with the publication of the three-volume monograph “Military Law”)","authors":"Andrey V. Kartapolov","doi":"10.31857/s102694520027225-8","DOIUrl":"https://doi.org/10.31857/s102694520027225-8","url":null,"abstract":"The article is a review of the three-volume scientific work “Military Law”, published in 2021 - 2022. The role and significance of the conducted research for the development of Military Law science are revealed, proposals for further promising research in the field of Military Law on topical issues of modern political and military history are formulated. The necessity of developing educational publications for military educational organizations on the basis of this monograph, the introduction of mandatory military legal training of military personnel into the system of military education is substantiated","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135501056","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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