Pub Date : 2023-06-29DOI: 10.35750/2071-8284-2023-2-193-200
M. Ilakavichus
Introduction. Under the conditions of dehumanization of the social sphere, collapse of intergenerational links, loss of culturally appropriate meanings of self-realisation in professional activity, the content of the concept «professional training» requires rethinking. The correlation between its teaching and educating components is to be realized. Following the logic of passport specialty 5.8.7 «Methodology and Technology of Professional Education», it is necessary to make an «anthropological turn» in professional training, the conceptual description of which today is reduced to the extremely practice-oriented process of equipping a student with knowledge, skills and abilities necessary for a particular work activity. A humanistic-anthropological methodology is proposed by the author of this article as the basis for this process. Research methods: analysis of scientific and pedagogical literature, conceptual analysis, historical and pedagogical analysis, hermeneutic procedure. Research results. The historical and pedagogical analysis made it possible to identify the value constant of the national culture of understanding of labor and professional activity. It consists in the adult taking personal and professional position based on the awareness of the inseparability of personal and social significance of his own work. This tradition was interrupted in the post-perestroika period, when the utilitarian and material approach to the choice and implementation of professional activity prevailed. This was particularly detrimental to the professions dedicated to serving the community (teachers, doctors, the military, including the police). The humanitarian-anthropological approach allows designing the professional training as a support of human potential of a student by creating conditions for the development of his subjectivity in the educational environment of the eventful professional community through reflective practices. The methodological logic of designing a particular subject-specific professional training programme on the basis of the structure of interactive training cycle proposed by M.V. Clarin is described.
{"title":"Professional training in modern adult education","authors":"M. Ilakavichus","doi":"10.35750/2071-8284-2023-2-193-200","DOIUrl":"https://doi.org/10.35750/2071-8284-2023-2-193-200","url":null,"abstract":"Introduction. Under the conditions of dehumanization of the social sphere, collapse of intergenerational links, loss of culturally appropriate meanings of self-realisation in professional activity, the content of the concept «professional training» requires rethinking. The correlation between its teaching and educating components is to be realized. Following the logic of passport specialty 5.8.7 «Methodology and Technology of Professional Education», it is necessary to make an «anthropological turn» in professional training, the conceptual description of which today is reduced to the extremely practice-oriented process of \u0000equipping a student with knowledge, skills and abilities necessary for a particular work activity. A humanistic-anthropological methodology is proposed by the author of this article as the basis for this process. \u0000Research methods: analysis of scientific and pedagogical literature, conceptual analysis, historical and pedagogical analysis, hermeneutic procedure. \u0000Research results. The historical and pedagogical analysis made it possible to identify the value constant of the national culture of understanding of labor and professional activity. It consists in the adult taking personal and professional position based on the awareness of the inseparability of personal and social significance of his own work. This tradition was interrupted in the post-perestroika period, when the utilitarian and material approach to the choice and implementation of professional activity prevailed. \u0000This was particularly detrimental to the professions dedicated to serving the community (teachers, doctors, the military, including the police). The humanitarian-anthropological approach allows designing the professional training as a support of human potential of a student by creating conditions for the development of his subjectivity in the educational environment of the eventful professional community through reflective practices. The methodological logic of designing a particular subject-specific professional training programme on the basis of the structure of interactive training cycle proposed by M.V. Clarin is described.","PeriodicalId":43418,"journal":{"name":"Vestnik St Petersburg University-Mathematics","volume":"252 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85020688","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 : 2023-06-29DOI: 10.35750/2071-8284-2023-2-71-78
Arsen Magomedov
The article is devoted to the research of a number of actual problems connected with the implementation of normative provisions of parts 1 and 2 of article 66 of the Constitution of the Russian Federation. The aim of the research is to develop theoretical foundations and to form scientific ideas about the constitutional and statutory regulation of the status of the subjects of the Russian Federation as a developing institute of modern constitutional law, which is to be considered in the dynamics of its genesis and taking into account the retrospective aspect. Research methods.In the process of research, the author successfully applied such methods as theoretical, general philosophical analysis (dialectics, systematic method, analysis, analogy, synthesis, observation and modelling). The legal methods (formal-logical), as well as sociological methods (statistical and expert evaluations) were taken as the basis for the author’s conclusions. The author pays special attention to the genesis of the essence and content of such concepts as «federal legislation» and «regional legislation». In order to assess the category of «federalism», the author uses the analysis specific to the assessment of cognitive and socio-economic characteristics of «federal relations», which, unfortunately, are often differentiated and sometimes even opposed. Research results. The relevance of the author’s research theme is proved by the need to guarantee the autonomy of the subjects of the Russian Federation in determining their status through constitutional and statutory regulation of social relations, applied simultaneously with the institutions of exclusively federal sovereignty, prohibition of secession and the possibility of federal intervention in extraordinary circumstances. It creates a constitutional balance between centralisation and decentralisation in federal relations based on the concept of «cooperative federalism» that is perspective for modern Russia. The author’s opinion on the correlation between the norms of federal and regional legislation of the subjects of the Russian Federation is substantiated and conclusions are drawn regarding the prospects for the development of the institution of federalism in Russia.
{"title":"Correlation between constitutional and statutory norms of federal and regional legislation, regulating the status of the subjects of the Russian Federation","authors":"Arsen Magomedov","doi":"10.35750/2071-8284-2023-2-71-78","DOIUrl":"https://doi.org/10.35750/2071-8284-2023-2-71-78","url":null,"abstract":"The article is devoted to the research of a number of actual problems connected with the implementation of normative provisions of parts 1 and 2 of article 66 of the Constitution of the Russian Federation. The aim of the research is to develop theoretical foundations and to form scientific ideas about the constitutional and statutory regulation of the status of the subjects of the Russian Federation as a developing institute of modern constitutional law, which is to be considered in the dynamics of its genesis and taking into account the retrospective aspect. \u0000Research methods.In the process of research, the author successfully applied such methods as theoretical, general philosophical analysis (dialectics, systematic method, analysis, analogy, synthesis, observation and modelling). The legal methods (formal-logical), as well as sociological methods (statistical and expert evaluations) were taken as the basis for the author’s conclusions. The author pays special attention to the genesis of the essence and content of such concepts as «federal legislation» and «regional legislation». In order to assess the category of «federalism», the author uses the analysis specific to the assessment of cognitive and socio-economic characteristics of «federal relations», which, unfortunately, are often differentiated and sometimes even opposed. \u0000Research results. The relevance of the author’s research theme is proved by the need to guarantee the autonomy of the subjects of the Russian Federation in determining their status through constitutional and statutory regulation of social relations, applied simultaneously with the institutions of exclusively federal sovereignty, prohibition of secession and the possibility of federal intervention in extraordinary circumstances. It creates a constitutional balance between centralisation and decentralisation in federal relations based on the concept of «cooperative federalism» that is perspective for modern Russia. The author’s opinion on the correlation between the norms of federal and regional legislation of the subjects of the Russian Federation is substantiated and conclusions are drawn regarding the prospects for the development of the institution of federalism in Russia.","PeriodicalId":43418,"journal":{"name":"Vestnik St Petersburg University-Mathematics","volume":"22 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78004855","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 : 2023-06-29DOI: 10.35750/2071-8284-2023-2-170-175
Igor Bantyukov, Valeriy Trabo
Introduction. The relevance of the research topic is due to the fact that professionally oriented training as a factor in the adaptation of cadets of educational institutions of the Ministry of Internal Affairs of Russia to their future professional activities as a specialist in the departments of internal affairs bodies is the most essential basis for professional reliability of a future specialist and significantly affects the effectiveness of his performance. One of the important aspects of specialists training is the early involvement of cadets in the profession. This circumstance determined the purpose of the present work – to study the dynamics of cadets’ involvement in professional activities, motivation for training. In accordance with the intended goal, the following objectives have been set – identifying problems in the organization of training, enhancing cadets’ cognitive activity, and individualizing training process. Methods. The study applied the following methods: theoretical (modeling, analysis and synthesis); empirical (observation, comparison, testing); mathematical (statistical). Results. The ultimate goal of all pedagogical approaches is not cadets’ involvement in itself, but the effectiveness of training and the application of the results of mastering new knowledge in real professional activities. The organization of this process requires a modern educator to be able to use various operating systems, electronic libraries and programs, as well as interactive network communication technologies in his activities.
{"title":"Cadet’s involvement in the profession during training as the main reserve for increasing the effectiveness of modern police","authors":"Igor Bantyukov, Valeriy Trabo","doi":"10.35750/2071-8284-2023-2-170-175","DOIUrl":"https://doi.org/10.35750/2071-8284-2023-2-170-175","url":null,"abstract":"Introduction. The relevance of the research topic is due to the fact that professionally oriented training as a factor in the adaptation of cadets of educational institutions of the Ministry of Internal Affairs of Russia to their future professional activities as a specialist in the departments of internal affairs bodies is the most essential basis for professional reliability of a future specialist and significantly affects the effectiveness of his performance. \u0000One of the important aspects of specialists training is the early involvement of cadets in the profession. \u0000This circumstance determined the purpose of the present work – to study the dynamics of cadets’ involvement in professional activities, motivation for training. In accordance with the intended goal, the following objectives have been set – identifying problems in the organization of training, enhancing cadets’ cognitive activity, and individualizing training process. \u0000Methods. The study applied the following methods: theoretical (modeling, analysis and synthesis); empirical (observation, comparison, testing); mathematical (statistical). \u0000Results. The ultimate goal of all pedagogical approaches is not cadets’ involvement in itself, but the effectiveness of training and the application of the results of mastering new knowledge in real professional activities. The organization of this process requires a modern educator to be able to use various operating systems, electronic libraries and programs, as well as interactive network communication technologies in his activities.","PeriodicalId":43418,"journal":{"name":"Vestnik St Petersburg University-Mathematics","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76243772","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 : 2023-06-29DOI: 10.35750/2071-8284-2023-2-97-102
Anna Nikitina
Introduction: The relevance of the study is determined by the fact that, in accordance with the Constitution of the Russian Federation, the state guarantees equality of human rights and freedoms regardless of attitude to religion. To this end, the State prohibits insulting beliefs related to the expression of religious preferences by a person, as well as agitation based on religious hatred or enmity, as well as the creation of public associations, including religious ones based on the principles of religious superiority or intolerance. The growing complexity of social relations, the increasing role of religion in the life of society requires the state to pay close attention to compliance with legislation in the field of the freedom of conscience. The purpose of the study is to identify the features and problems of protecting the constitutional right to freedom of conscience through criminal law legislation. The object is the public relations protected by criminal law norms that arise in the field of preventing crimes that infringe the freedom of conscience. The subject of the study is the peculiarities of constitutional and criminal law protection and protection of the right to freedom of conscience. Research methods: analysis, synthesis, generalization, classification. Results. The author analyzes the current problems of criminal law legislation guaranteeing the implementation of the constitutional right to freedom of conscience. The author comes to the conclusion that the current criminal law guarantees protecting freedom of conscience in Russia do not fully comply with the Constitution of the Russian Federation. The study also proposed a definition of the concept of «crimes against freedom of conscience»; the author’s classification of types of crimes infringing the freedom of conscience is presented. It is concluded that the criminal law legislation in the area under study requires adjustment.
{"title":"The constitutional right to freedom of conscience as an object of the criminal law’s protection","authors":"Anna Nikitina","doi":"10.35750/2071-8284-2023-2-97-102","DOIUrl":"https://doi.org/10.35750/2071-8284-2023-2-97-102","url":null,"abstract":"Introduction: The relevance of the study is determined by the fact that, in accordance with the Constitution of the Russian Federation, the state guarantees equality of human rights and freedoms regardless of attitude to religion. To this end, the State prohibits insulting beliefs related to the expression of religious preferences by a person, as well as agitation based on religious hatred or enmity, as well as the creation of public associations, including religious ones based on the principles of religious superiority or intolerance. The growing complexity of social relations, the increasing role of religion in the life of society requires the state to pay close attention to compliance with legislation in the field of the freedom of conscience. \u0000The purpose of the study is to identify the features and problems of protecting the constitutional right to freedom of conscience through criminal law legislation. \u0000The object is the public relations protected by criminal law norms that arise in the field of preventing crimes that infringe the freedom of conscience. \u0000The subject of the study is the peculiarities of constitutional and criminal law protection and protection of the right to freedom of conscience. \u0000Research methods: analysis, synthesis, generalization, classification. \u0000Results. The author analyzes the current problems of criminal law legislation guaranteeing the implementation of the constitutional right to freedom of conscience. The author comes to the conclusion that the current criminal law guarantees protecting freedom of conscience in Russia do not fully comply with the Constitution of the Russian Federation. The study also proposed a definition of the concept of «crimes against freedom of conscience»; the author’s classification of types of crimes infringing the freedom of conscience is presented. It is concluded that the criminal law legislation in the area under study requires adjustment.","PeriodicalId":43418,"journal":{"name":"Vestnik St Petersburg University-Mathematics","volume":"7 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79120773","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 : 2023-06-29DOI: 10.35750/2071-8284-2023-2-44-50
Andrey I. Kaplunov, Vitaly Balahonsky
In everyday forms of legal consciousness or popularised interpretations of law in the field of law enforcement there is often a tendency to identify the categories of «legality» and «enforceability». This practice can be produced both by extra-scientific forms of determination, consisting in the effort to form in the legal culture of the population the image of the unity of law and right and trivial substitution of concepts that creates a serious methodological problem of scientific understanding of the phenomenon of law itself. The authors therefore set the objective of this research - to analyse the mentioned categories. The article outlines the author’s position in understanding the correlation between the categories of «legality» and «enforceability», which is fundamentally important for the methodology of legal science, and theoretically analyses the practical forms of representation of this correlation on the example of firearms use by police officers. The theoretical basis of the research are the studies of national and foreign academics. Methodology. In the process of working with the material the systematic method, as well as methods of comparative legal, historical and legal analysis and formal logic were used. Results. The authors find out that the definition of the correlation between the concepts of «legality» and «enforceability» is reasonable to conduct on the methodological basis of differentiation of the concepts of «right» and «law», which makes it possible to consider enforceability as a broader concept that includes elements of situational discretion. The justification for this conclusion is that the concept «enforceability» means the compliance of certain social phenomena to law, which can be understood not only as the norms of law, but also the system of natural rights of social subjects, determined by socio-cultural and moral norms of social life.
{"title":"On the correlation of legality and enforceability as legal categories: the problem of theoretical and methodological differentiation","authors":"Andrey I. Kaplunov, Vitaly Balahonsky","doi":"10.35750/2071-8284-2023-2-44-50","DOIUrl":"https://doi.org/10.35750/2071-8284-2023-2-44-50","url":null,"abstract":"In everyday forms of legal consciousness or popularised interpretations of law in the field of law enforcement there is often a tendency to identify the categories of «legality» and «enforceability». This practice can be produced both by extra-scientific forms of determination, consisting in the effort to form in the legal culture of the population the image of the unity of law and right and trivial substitution of concepts that creates a serious methodological problem of scientific understanding of the phenomenon of law itself. The authors therefore set the objective of this research - to analyse the mentioned categories. The article outlines the author’s position in understanding the correlation between the categories of «legality» and «enforceability», which is fundamentally important for the methodology of legal science, and theoretically analyses the practical forms of representation of this correlation on the example of firearms use by police officers. \u0000The theoretical basis of the research are the studies of national and foreign academics. \u0000Methodology. In the process of working with the material the systematic method, as well as methods of comparative legal, historical and legal analysis and formal logic were used. \u0000Results. The authors find out that the definition of the correlation between the concepts of «legality» and «enforceability» is reasonable to conduct on the methodological basis of differentiation of the concepts of «right» and «law», which makes it possible to consider enforceability as a broader concept that includes elements of situational discretion. The justification for this conclusion is that the concept «enforceability» means the compliance of certain social phenomena to law, which can be understood not only as the norms of law, but also the system of natural rights of social subjects, determined by socio-cultural and moral norms of social life.","PeriodicalId":43418,"journal":{"name":"Vestnik St Petersburg University-Mathematics","volume":"99 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74942772","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 : 2023-06-29DOI: 10.35750/2071-8284-2023-2-221-227
S. Dukhnovsky
The temporal features of police officers, on the one hand, are one of the means of successfully passing through the adaptation period and, on the other hand, can actualise their personnel risks. The purpose of the research is to identify differences in attitude to time and its functional significance for police officers in daily life and in official activities, as well as to show that differences in attitude to and functional significance of time are conditions that activate personnel risks. Research methods. The respondents were 107 police officers with 3 to 6 months of professional work experience after graduation. Psychodiagnostic methods included the questionnaire «Scale of subjective attitude to time», the questionnaire «Personality temporality». Results. It was proved that employees have different attitudes to time and its functional significance in everyday life and during the period of adaptation to official activity. It was found that the dominant type of attitude to time in employees’ daily life is temporal plasticity, where time has a stimulating function for a subject, whereas in the period of adaptation the leading type of attitude to service time is temporal dependence, where time, on the one hand, mobilises, and, on the other, – suppresses activity of a subject to achieve the desired and / or necessary goals. The author reveals that temporal conflicts - the contradictions between the dominant attitude to time in its functional meaning in everyday life and official activity - can appear in professional activity; the successful adaptation to service will also depend on resolving these contradictions. An increase in temporal conflict and time dependency can lead to personnel risks.
{"title":"Temporal features and personnel risks of police officers during the period of adaptation to official activities","authors":"S. Dukhnovsky","doi":"10.35750/2071-8284-2023-2-221-227","DOIUrl":"https://doi.org/10.35750/2071-8284-2023-2-221-227","url":null,"abstract":"The temporal features of police officers, on the one hand, are one of the means of successfully passing through the adaptation period and, on the other hand, can actualise their personnel risks. The purpose of the research is to identify differences in attitude to time and its functional significance for police officers in daily life and in official activities, as well as to show that differences in attitude to and functional significance of time are conditions that activate personnel risks. \u0000Research methods. The respondents were 107 police officers with 3 to 6 months of professional work experience after graduation. \u0000Psychodiagnostic methods included the questionnaire «Scale of subjective attitude to time», the questionnaire «Personality temporality». \u0000Results. It was proved that employees have different attitudes to time and its functional significance in everyday life and during the period of adaptation to official activity. It was found that the dominant type of attitude to time in employees’ daily life is temporal plasticity, where time has a stimulating function for a subject, whereas in the period of adaptation the leading type of attitude to service time is temporal dependence, where time, on the one hand, mobilises, and, on the other, – suppresses activity of a subject to achieve the desired and / or necessary goals. The author reveals that temporal conflicts - the contradictions between the dominant attitude to time in its functional meaning in everyday life and official activity - can appear in professional activity; the successful adaptation to service will also depend on resolving these contradictions. An increase in temporal conflict and time dependency can lead to personnel risks.","PeriodicalId":43418,"journal":{"name":"Vestnik St Petersburg University-Mathematics","volume":"30 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78223114","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 : 2023-06-29DOI: 10.35750/2071-8284-2023-2-124-130
Elvira Vlasenkova
Introduction: at the present stage of the development of criminal law science in the works of the scientists and in law enforcement sources, there are facts of mixing the concepts of «types», «forms» and «methods» in relation to the events of crimes and in the process of describing the corresponding criminal acts. This practice often leads to confusion of related categories and substitution of concepts, significantly complicating the procedure for the qualification of crimes and making it difficult to establish the actual degree and nature of their public danger. The crimes provided for in Article 156 of the Criminal Code of the Russian Federation are no exception. In this connection, it is necessary to formulate and substantiate scientifically based conclusions allowing to resolve the described problem situation. Research methods: carrying out the author’s large-scale generalisation of materials of investigative and judicial practice in cases of non-fulfillment of duties for the upbringing of minors connected with abuse; analysis of the provisions of the current legislation, comparison of the empirical data obtained. Results: the forms of committing crimes provided by article 156 of the Criminal Code of the Russian Federation are indicated; the author’s classification of the types of acts within each of the forms is presented; the statement that the specific type of committed acts is the main criterion of public danger of the crimes under consideration is substantiated.
{"title":"Classification of the types of criminal acts constituting non-fulfillment of the responsibilities for the upbringing of a minor","authors":"Elvira Vlasenkova","doi":"10.35750/2071-8284-2023-2-124-130","DOIUrl":"https://doi.org/10.35750/2071-8284-2023-2-124-130","url":null,"abstract":"Introduction: at the present stage of the development of criminal law science in the works of the scientists and in law enforcement sources, there are facts of mixing the concepts of «types», «forms» and «methods» in relation to the events of crimes and in the process of describing the corresponding criminal acts. This practice often leads to confusion of related categories and substitution of concepts, significantly complicating the procedure for the qualification of crimes and making it difficult to establish the actual degree and nature of their public danger. The crimes provided for in Article 156 of the Criminal Code of the Russian Federation are no exception. In this connection, it is necessary to formulate and substantiate scientifically based conclusions allowing to resolve the described problem situation. \u0000Research methods: carrying out the author’s large-scale generalisation of materials of investigative and judicial practice in cases of non-fulfillment of duties for the upbringing of minors connected with abuse; analysis of the provisions of the current legislation, comparison of the empirical data obtained. \u0000Results: the forms of committing crimes provided by article 156 of the Criminal Code of the Russian Federation are indicated; the author’s classification of the types of acts within each of the forms is presented; the statement that the specific type of committed acts is the main criterion of public danger of the crimes under consideration is substantiated.","PeriodicalId":43418,"journal":{"name":"Vestnik St Petersburg University-Mathematics","volume":"44 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78364165","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 : 2023-06-29DOI: 10.35750/2071-8284-2023-2-19-25
L. Volokitina
Introduction. In the context of the recent COVID-19 pandemic events, Michel Foucault’s concept of “biopolitics” has received renewed attention. Its main idea is the desire to control not only and not so much the social, but also the biological side of human life – by a legitimate authority. The aim of the article is to try to update the Foucault concept from the perspective of the general theory and philosophy of law. The article raises the question of how the actions of power institutions in the context of implementation of “biopolitics” correlate to the theoretical and legal concept of “the limits of legal regulation”. Methods. In addition to general scientific methods of cognition (comparison, analogy, analysis, synthesis, abstraction; collectively – general logical methods), this study applies the following special methods of legal sciences: dogmatic method (formal-legal), interpretation and problem-theoretical reconstruction. Results. The article concludes that in the process of implementation of ”biopolitical” strategies the theoretical and legal construction of “the limits of legal regulation” undergoes significant changes. From this perspective, the actions of governing bodies do not exceed the permissible limits of legal regulation. Michel Foucault’s concept of ‘biopolitics’ allows analysing legal phenomena without distancing from the facts of social reality.
{"title":"Michel Foucault’s concept of “biopolitics” in the context of the events of the COVID-19 pandemic: theoretical and legal aspects","authors":"L. Volokitina","doi":"10.35750/2071-8284-2023-2-19-25","DOIUrl":"https://doi.org/10.35750/2071-8284-2023-2-19-25","url":null,"abstract":"Introduction. In the context of the recent COVID-19 pandemic events, Michel Foucault’s concept of “biopolitics” has received renewed attention. Its main idea is the desire to control not only and not so much the social, but also the biological side of human life – by a legitimate authority. \u0000The aim of the article is to try to update the Foucault concept from the perspective of the general theory and philosophy of law. The article raises the question of how the actions of power institutions in the context of implementation of “biopolitics” correlate to the theoretical and legal concept of “the limits of legal regulation”. \u0000Methods. In addition to general scientific methods of cognition (comparison, analogy, analysis, synthesis, abstraction; collectively – general logical methods), this study applies the following special methods of legal sciences: dogmatic method (formal-legal), interpretation and problem-theoretical reconstruction. \u0000Results. The article concludes that in the process of implementation of ”biopolitical” strategies the theoretical and legal construction of “the limits of legal regulation” undergoes significant changes. From this perspective, the actions of governing bodies do not exceed the permissible limits of legal regulation. Michel Foucault’s concept of ‘biopolitics’ allows analysing legal phenomena without distancing from the facts of social reality.","PeriodicalId":43418,"journal":{"name":"Vestnik St Petersburg University-Mathematics","volume":"28 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77742503","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 : 2023-06-29DOI: 10.35750/2071-8284-2023-2-157-162
E.V. Shimanovich
Introduction: Through the study of 500 convictions handed down by various courts of first instance from 2016 to 2020, the author found that the mitigating circumstance “repentance for the deed”, applied by the courts on the basis of Part 2 of Art. 61 of the Criminal Code of the Russian Federation is taken into account more often than those indicated in the list of Part 1 of Art. 61 of the Criminal Code of the Russian Federation. In this regard, the article analyzes the history of occurrence of the considered mitigating circumstance in the regulatory legal acts of the pre-revolutionary and Soviet periods, raises the question of the possibility of its inclusion in the list of Part 1 of Art. 61 of the Criminal Code of the Russian Federation, as well as of the establishment of criteria for the application of this mitigating circumstance. Research methods: The article is based on general scientific (analysis, synthesis and formal-logical) and special (formal-legal, historical, statistical, questionnaire method) research methods. Research results: The author of the article comes to the conclusion that the mitigating circumstance «repentance for the deed» should be taken into account by the courts in cases where the perpetrator confirmed his repentance by positive post-criminal behavior, and only when he had not previously committed similar crimes (had not been convicted or released due to non-rehabilitating circumstances from criminal liability). In this case, there is no need to include this mitigating circumstance in the list of Part 1 of Art. 61 of the Criminal Code of the Russian Federation.
{"title":"The possibility of taking into account the perpetrator’s repentance of a committed crime as a circumstance mitigating the punishment","authors":"E.V. Shimanovich","doi":"10.35750/2071-8284-2023-2-157-162","DOIUrl":"https://doi.org/10.35750/2071-8284-2023-2-157-162","url":null,"abstract":"Introduction: Through the study of 500 convictions handed down by various courts of first instance from 2016 to 2020, the author found that the mitigating circumstance “repentance for the deed”, applied by the courts on the basis of Part 2 of Art. 61 of the Criminal Code of the Russian Federation is taken into account more often than those indicated in the list of Part 1 of Art. 61 of the Criminal Code of the Russian Federation. In this regard, the article analyzes the history of occurrence of the considered mitigating circumstance in the regulatory legal acts of the pre-revolutionary and Soviet periods, raises the question of the possibility of its inclusion in the list of Part 1 of Art. 61 of the Criminal Code of the Russian Federation, as well as of the establishment of criteria for the application of this mitigating circumstance. \u0000Research methods: The article is based on general scientific (analysis, synthesis and formal-logical) and special (formal-legal, historical, statistical, questionnaire method) research methods. \u0000Research results: The author of the article comes to the conclusion that the mitigating circumstance «repentance for the deed» should be taken into account by the courts in cases where the perpetrator confirmed his repentance by positive post-criminal behavior, and only when he had not previously committed similar crimes (had not been convicted or released due to non-rehabilitating circumstances from criminal liability). In this case, there is no need to include this mitigating circumstance in the list of Part 1 of Art. 61 of the Criminal Code of the Russian Federation.","PeriodicalId":43418,"journal":{"name":"Vestnik St Petersburg University-Mathematics","volume":"44 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80665101","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 : 2023-06-29DOI: 10.35750/2071-8284-2023-2-36-43
E. Zaitseva
Abstract: the digitalisation of the processes of modern life contributes to the emergence of new lawmaking technologies aimed at defining the scope of legal regulation and establishing its limits. The use of crowdsourcing in law-making activities makes it possible to correlate the positions of society and the state regarding the possibility and necessity of regulating certain social relations. The purpose of the study: to reveal the essence of law-making crowdsourcing as an independent lawmaking technology, to determine its significance for establishing the limits of legal regulation. Research methods: general scientific methods and methods of cognition (systemic, analysis, synthesis, induction, deduction, generalisation, comparison, etc.) and special scientific methods (formal legal, comparative legal). Results: Law-making crowdsourcing is a new technology and one of the deliberative procedures aimed at optimising the establishment of the scope of legal regulation and fixing it as a subject of legal regulation. There are three main types of law-making crowdsourcing, depending on the objectives and content pursued: crowdsourcing of issues, crowdsourcing of ideas, and crowdsourcing of draft legislation. Certain conditions need to be taken into account in order for crowdsourcing to produce the desired results and improve the effectiveness of legal regulation, as well as problems and shortcomings due to both the specificity of the technology and peculiarities of the public consciousness.
{"title":"Law-making crowdsourcing and its significance for establishing the limits of legal regulation","authors":"E. Zaitseva","doi":"10.35750/2071-8284-2023-2-36-43","DOIUrl":"https://doi.org/10.35750/2071-8284-2023-2-36-43","url":null,"abstract":"Abstract: the digitalisation of the processes of modern life contributes to the emergence of new lawmaking technologies aimed at defining the scope of legal regulation and establishing its limits. The use of crowdsourcing in law-making activities makes it possible to correlate the positions of society and the state \u0000regarding the possibility and necessity of regulating certain social relations. \u0000The purpose of the study: to reveal the essence of law-making crowdsourcing as an independent lawmaking technology, to determine its significance for establishing the limits of legal regulation. \u0000Research methods: general scientific methods and methods of cognition (systemic, analysis, synthesis, induction, deduction, generalisation, comparison, etc.) and special scientific methods (formal legal, comparative legal). \u0000Results: Law-making crowdsourcing is a new technology and one of the deliberative procedures aimed at optimising the establishment of the scope of legal regulation and fixing it as a subject of legal regulation. There are three main types of law-making crowdsourcing, depending on the objectives and content pursued: crowdsourcing of issues, crowdsourcing of ideas, and crowdsourcing of draft legislation. Certain conditions need to be taken into account in order for crowdsourcing to produce the desired results and improve the effectiveness of legal regulation, as well as problems and shortcomings due to both the specificity of the technology and peculiarities of the public consciousness.","PeriodicalId":43418,"journal":{"name":"Vestnik St Petersburg University-Mathematics","volume":"30 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80856281","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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