Pub Date : 2022-07-22DOI: 10.33693/2072-3164-2022-15-4-307-316
D. Matytsin
The purpose of this research work is to provide an answer to the question, based on the disclosure of the legal algorithm for the functioning of the investment platform, to what extent the entrepreneurial activity of the investment intermediary - the operator of the investment platform is optimally regulated by the Legislator. In addition, to what extent the current legal order facilitates, accelerates, simplifies the making of investments by investors, and by recipients of investments - attracting capital to their projects. The author substantiates that the interaction of the participants of the investment platform should be organized within the framework of a single agreement, in which the platform operator, the investor, the person attracting investments will act as parties, a single agreement should be technologically executed on the investment platform according to the smart contract algorithm. This will allow you to automatically make money transfers and keep records of data on each stage of the transaction executed using the investment platform on the depository and registration platform functioning as a special electronic service on the website of the Bank of Russia. Fixing the facts of transactions made using the investment platform should be carried out in the system of a polysubject jurisdictional blockchain. Six entities (two private and four public) operating on the territory of the Russian Federation should be combined into a polysubject blockchain scheme.
{"title":"DEALS MADE BY AN INDIVIDUAL IN THE RUSSIAN INVESTMENT PLATFORM","authors":"D. Matytsin","doi":"10.33693/2072-3164-2022-15-4-307-316","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-4-307-316","url":null,"abstract":"The purpose of this research work is to provide an answer to the question, based on the disclosure of the legal algorithm for the functioning of the investment platform, to what extent the entrepreneurial activity of the investment intermediary - the operator of the investment platform is optimally regulated by the Legislator. In addition, to what extent the current legal order facilitates, accelerates, simplifies the making of investments by investors, and by recipients of investments - attracting capital to their projects. The author substantiates that the interaction of the participants of the investment platform should be organized within the framework of a single agreement, in which the platform operator, the investor, the person attracting investments will act as parties, a single agreement should be technologically executed on the investment platform according to the smart contract algorithm. This will allow you to automatically make money transfers and keep records of data on each stage of the transaction executed using the investment platform on the depository and registration platform functioning as a special electronic service on the website of the Bank of Russia. Fixing the facts of transactions made using the investment platform should be carried out in the system of a polysubject jurisdictional blockchain. Six entities (two private and four public) operating on the territory of the Russian Federation should be combined into a polysubject blockchain scheme.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114792239","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 : 2022-07-22DOI: 10.33693/2072-3164-2022-15-4-370-378
A. Magomedov
The working group has been created to develop a Prevention Domestic Violence Bill in 2019. Similar legislative initiatives have previously been proposed. The article discusses foreign experience in combating domestic violence. It is shown that France has an effective system of measures against domestic violence. This experience and approaches in criminal policy can be used in Russia when adopting such a law. It is, in particular, about the recognition of domestic violence as a qualifying factor.
{"title":"PREVENTION DOMESTIC VIOLENCE IN FRANCE","authors":"A. Magomedov","doi":"10.33693/2072-3164-2022-15-4-370-378","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-4-370-378","url":null,"abstract":"The working group has been created to develop a Prevention Domestic Violence Bill in 2019. Similar legislative initiatives have previously been proposed. The article discusses foreign experience in combating domestic violence. It is shown that France has an effective system of measures against domestic violence. This experience and approaches in criminal policy can be used in Russia when adopting such a law. It is, in particular, about the recognition of domestic violence as a qualifying factor.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124003495","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 : 2022-07-22DOI: 10.33693/2072-3164-2022-15-4-336-340
Zinaida Shalagina, S. Prokofeva
The purpose of the research. Accessible justice makes it possible to ensure the realization of fundamental human and civil rights and freedoms. Access to justice acts as a guarantee of the right to judicial protection enshrined in the Constitution of the Russian Federation and ensures its obtaining with the help of legislatively enshrined legal procedures. The problem of citizens' access to justice occupies a key place in the criminal process in relation to the modern conditions of the existence of civil society in a state governed by the rule of law. Numerous violations and restrictions of human and civil rights and freedoms at the pre-trial stages of the criminal process indicate that the participants in the criminal process do not have a real opportunity to exercise the right to access to justice. One of the reasons for this negative phenomenon is the absence of the concept of “access to justice in criminal proceedings” enshrined in the legislation. Results. The authors come to the conclusion that the concept, features and content of access to justice in criminal proceedings should be considered as one of the most important means of protecting the rights and freedoms of man and citizen. The necessary legal elements that make up the mechanism for the implementation of access to justice are outlined. The authors draw attention to the legal positions of the European Court of Human Rights on access to justice. The position that access to justice should be considered as a legally guaranteed opportunity for a person and a citizen to turn to judicial protection for the restoration of their violated rights and freedoms has been substantiated. The author's definition of the concept of "access to justice in criminal proceedings" is proposed.
{"title":"ESSENCE AND CONTENT OF THE CONCEPTS \"ACCESS TO JUSTICE\" IN CRIMINAL PROCESS","authors":"Zinaida Shalagina, S. Prokofeva","doi":"10.33693/2072-3164-2022-15-4-336-340","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-4-336-340","url":null,"abstract":"The purpose of the research. Accessible justice makes it possible to ensure the realization of fundamental human and civil rights and freedoms. Access to justice acts as a guarantee of the right to judicial protection enshrined in the Constitution of the Russian Federation and ensures its obtaining with the help of legislatively enshrined legal procedures. The problem of citizens' access to justice occupies a key place in the criminal process in relation to the modern conditions of the existence of civil society in a state governed by the rule of law. Numerous violations and restrictions of human and civil rights and freedoms at the pre-trial stages of the criminal process indicate that the participants in the criminal process do not have a real opportunity to exercise the right to access to justice. One of the reasons for this negative phenomenon is the absence of the concept of “access to justice in criminal proceedings” enshrined in the legislation. Results. The authors come to the conclusion that the concept, features and content of access to justice in criminal proceedings should be considered as one of the most important means of protecting the rights and freedoms of man and citizen. The necessary legal elements that make up the mechanism for the implementation of access to justice are outlined. The authors draw attention to the legal positions of the European Court of Human Rights on access to justice. The position that access to justice should be considered as a legally guaranteed opportunity for a person and a citizen to turn to judicial protection for the restoration of their violated rights and freedoms has been substantiated. The author's definition of the concept of \"access to justice in criminal proceedings\" is proposed.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121498888","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 : 2022-05-27DOI: 10.33693/2072-3164-2022-15-3-303-312
F. Nikitin
Purpose of the study. This article is devoted to the study of the concept and essence of the indigenous peoples' right to sustainable development. Results. During the consideration of the various international law provisions that enshrine specific norms of this concept, it is found that homonymous rights of indigenous peoples form a very complicated system that combines various rights that are closely related to the self-determination right. Thus, this study aims to show a somewhat alternative approach to understanding the essence of the right under consideration mainly as a part of the self-determination right that perceived by the author as a «cornerstone» of all the modern policies in the field of sustainable development of these peoples. Of particular interest is the author's position on the non-interference of the state and large business in the affairs of these peoples' communities. As a result of the analysis, it is summarized that these peoples themselves should play a key role in the indigenous sustainable development process. Due to this fact, it is noted that the assistance offered by states and international organizations to indigenous peoples' sustainable development should be carried out by providing them with freedom of choice and expression of their own opinion regarding their political, economic, social and cultural status. It also should provide diversified support measures, as well as expand their opportunities to live in accordance with their own needs and interests, being integrated into today's civilization processes. The latter, according to the author, will contribute to the preservation of these peoples as separate ethnic communities, as well as their sustainable development on the terms they choose.
{"title":"TO THE ISSUE OF CONCEPT AND ESSENCE OF THE INDIGENOUS PEOPLE'S RIGHT TO SUSTAINABLE DEVELOPMENT","authors":"F. Nikitin","doi":"10.33693/2072-3164-2022-15-3-303-312","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-3-303-312","url":null,"abstract":"Purpose of the study. This article is devoted to the study of the concept and essence of the indigenous peoples' right to sustainable development. Results. During the consideration of the various international law provisions that enshrine specific norms of this concept, it is found that homonymous rights of indigenous peoples form a very complicated system that combines various rights that are closely related to the self-determination right. Thus, this study aims to show a somewhat alternative approach to understanding the essence of the right under consideration mainly as a part of the self-determination right that perceived by the author as a «cornerstone» of all the modern policies in the field of sustainable development of these peoples. Of particular interest is the author's position on the non-interference of the state and large business in the affairs of these peoples' communities. As a result of the analysis, it is summarized that these peoples themselves should play a key role in the indigenous sustainable development process. Due to this fact, it is noted that the assistance offered by states and international organizations to indigenous peoples' sustainable development should be carried out by providing them with freedom of choice and expression of their own opinion regarding their political, economic, social and cultural status. It also should provide diversified support measures, as well as expand their opportunities to live in accordance with their own needs and interests, being integrated into today's civilization processes. The latter, according to the author, will contribute to the preservation of these peoples as separate ethnic communities, as well as their sustainable development on the terms they choose.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125978697","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 : 2022-05-27DOI: 10.33693/2072-3164-2022-15-3-198-203
Y. Ovchinnikova
The article notes the relevance of issues of civil law protection of the privacy of a citizen. The legal nature of the concepts "private life", "privacy", "inviolability of private life" is revealed. At the same time, private life is considered as the sphere of realization of the private interest of a citizen. The main types of violations of privacy and the problems of civil protection have been identified. In particular, it substantiates the inconsistency of using such criteria as "state interest" and "public interest" when disclosing information about the secret of a citizen's private life. The judicial practice is analyzed, recommendations on amendments to the legislation are given. The issues arising in the implementation of the rules on the secrecy of private life in contractual legal relationships are considered. Possible negative consequences of the conclusion of an agreement on the disclosure of information related to the secret of private life in contracts with the participation of a weak party are noted.
{"title":"CIVIL PROTECTION OF SECRET OF PRIVATE LIFE: MAIN ISSUES","authors":"Y. Ovchinnikova","doi":"10.33693/2072-3164-2022-15-3-198-203","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-3-198-203","url":null,"abstract":"The article notes the relevance of issues of civil law protection of the privacy of a citizen. The legal nature of the concepts \"private life\", \"privacy\", \"inviolability of private life\" is revealed. At the same time, private life is considered as the sphere of realization of the private interest of a citizen. The main types of violations of privacy and the problems of civil protection have been identified. In particular, it substantiates the inconsistency of using such criteria as \"state interest\" and \"public interest\" when disclosing information about the secret of a citizen's private life. The judicial practice is analyzed, recommendations on amendments to the legislation are given. The issues arising in the implementation of the rules on the secrecy of private life in contractual legal relationships are considered. Possible negative consequences of the conclusion of an agreement on the disclosure of information related to the secret of private life in contracts with the participation of a weak party are noted.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131275824","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 : 2022-03-28DOI: 10.33693/2072-3164-2022-15-2-020-030
A. Metelkov
The purpose of the work is to study the theoretical problem concerning the completeness of the classification of emergency situations in relation to maritime spaces in the Arctic zone, and to develop on this basis scientific proposals for improving Russian legislation. The relevance of the chosen topic is predetermined by the increasing importance of the Northern Sea Route as a global transport communication in the face of the possibility of occurrence in the Arctic as a result of climate change and anthropogenic impact of events that entail catastrophic environmental consequences, the formation of global risks for the economy, population, environment and state security. The relevance of the proposed materials is due to the implementation of large-scale economic and environmental projects by Russia, the provision of defense and security, the sea transportation of hydrocarbons, and potential terrorist threats. The classification of situations serves as the basis for management decisions on rescuing people at sea, protecting the environment and eliminating oil spills in difficult environmental conditions. Classification as a method of scientific knowledge correlates with the goals of its application, which determines its scientific and practical significance in this work. As a result of the analysis of regulatory legal acts and scientific publications, the author identified a gap in the classification of emergencies at sea and substantiated the conclusion that it is necessary to develop a proposal to fill it by improving legislation.
{"title":"NORTHERN SEA ROUTE: CLASSIFICATION OF EMERGENCY SITUATIONS","authors":"A. Metelkov","doi":"10.33693/2072-3164-2022-15-2-020-030","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-2-020-030","url":null,"abstract":"The purpose of the work is to study the theoretical problem concerning the completeness of the classification of emergency situations in relation to maritime spaces in the Arctic zone, and to develop on this basis scientific proposals for improving Russian legislation. The relevance of the chosen topic is predetermined by the increasing importance of the Northern Sea Route as a global transport communication in the face of the possibility of occurrence in the Arctic as a result of climate change and anthropogenic impact of events that entail catastrophic environmental consequences, the formation of global risks for the economy, population, environment and state security. The relevance of the proposed materials is due to the implementation of large-scale economic and environmental projects by Russia, the provision of defense and security, the sea transportation of hydrocarbons, and potential terrorist threats. The classification of situations serves as the basis for management decisions on rescuing people at sea, protecting the environment and eliminating oil spills in difficult environmental conditions. Classification as a method of scientific knowledge correlates with the goals of its application, which determines its scientific and practical significance in this work. As a result of the analysis of regulatory legal acts and scientific publications, the author identified a gap in the classification of emergencies at sea and substantiated the conclusion that it is necessary to develop a proposal to fill it by improving legislation.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128580850","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 : 2022-03-28DOI: 10.33693/2072-3164-2022-15-2-128-133
A. Serebrennikova, Andrey Kuznetsov
The purpose of the study. The proposed article presents an analysis of the conceptual meaning of the category of criminal misconduct in Russia and Germany in order to demonstrate the "foreignness" of the offense for the Russian criminal legislation. The article points out the fundamental differences between its proposed designs by the Supreme Court of the Russian Federation and the design of a misdemeanor in the Criminal Code of Germany. Conclusions. The authors conducted a sociological survey of 62 respondents on the expediency of introducing the category in question into Russian criminal law, the result of which is a statement of awareness by persons both with and without higher legal education of its "foreignness" for Russian criminal law. The article shows that a criminal offense contradicts the material concept of a crime in the Criminal Code of the Russian Federation and other criminal law institutions and norms of Russian criminal law based on the category of public danger of crime and personality. The authors also conclude that the category of misconduct is insignificant for both the legislator and the law enforcement officer in Germany. While the consolidation of a criminal offense in the Russian criminal legislation will entail serious and at the same time scientifically unjustified changes in it.
{"title":"THE CONCEPTUAL MEANING OF THE CONCEPT OF \"CRIMINAL MISCONDUCT\" IN THE CRIMINAL LAW OF RUSSIA AND GERMANY: A COMPARATIVE ANALYSIS","authors":"A. Serebrennikova, Andrey Kuznetsov","doi":"10.33693/2072-3164-2022-15-2-128-133","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-2-128-133","url":null,"abstract":"The purpose of the study. The proposed article presents an analysis of the conceptual meaning of the category of criminal misconduct in Russia and Germany in order to demonstrate the \"foreignness\" of the offense for the Russian criminal legislation. The article points out the fundamental differences between its proposed designs by the Supreme Court of the Russian Federation and the design of a misdemeanor in the Criminal Code of Germany. Conclusions. The authors conducted a sociological survey of 62 respondents on the expediency of introducing the category in question into Russian criminal law, the result of which is a statement of awareness by persons both with and without higher legal education of its \"foreignness\" for Russian criminal law. The article shows that a criminal offense contradicts the material concept of a crime in the Criminal Code of the Russian Federation and other criminal law institutions and norms of Russian criminal law based on the category of public danger of crime and personality. The authors also conclude that the category of misconduct is insignificant for both the legislator and the law enforcement officer in Germany. While the consolidation of a criminal offense in the Russian criminal legislation will entail serious and at the same time scientifically unjustified changes in it.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114222577","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 : 2021-12-28DOI: 10.33693/2072-3164-2021-14-7-059-066
I. Umnova-Koniukhova, Popova Svetlana
Purpose of the study. The article examines topical problems of judicial protection of the population's right to territorial self-organization. This research seems to be relevant in connection with the problems that have arisen in practice, which require a comprehensive substantiation of the constitutional content of the population's right to territorial self-organization and an assessment of the existing judicial practice of considering territorial disputes in the system of local self-government in the Russian Federation. Conclusions. As a result of the study, the authors come to the conclusion that the provisions of Federal Law No. 131-ФЗ as amended by Federal Law No. 87-ФЗ dated 05/01/2019 and the judicial practice of recognizing a decision of a representative body as a form of consent of the population to change the boundaries of municipalities contradicts the constitutional right of the population on territorial self-organization. Such forms of democracy as a local referendum, general municipal discussion by the population or a general municipal poll should have an advantage, which will maximize the involvement of residents in resolving issues of the territorial structure at the municipal level.
{"title":"JUDICIAL PROTECTION OF THE RIGHT OF THE POPULATION TO TERRITORIAL SELF-ORGANIZATION IN THE RUSSIAN FEDERATION: ASSESSMENT OF CURRENT PRACTICE","authors":"I. Umnova-Koniukhova, Popova Svetlana","doi":"10.33693/2072-3164-2021-14-7-059-066","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-7-059-066","url":null,"abstract":"Purpose of the study. The article examines topical problems of judicial protection of the population's right to territorial self-organization. This research seems to be relevant in connection with the problems that have arisen in practice, which require a comprehensive substantiation of the constitutional content of the population's right to territorial self-organization and an assessment of the existing judicial practice of considering territorial disputes in the system of local self-government in the Russian Federation. Conclusions. As a result of the study, the authors come to the conclusion that the provisions of Federal Law No. 131-ФЗ as amended by Federal Law No. 87-ФЗ dated 05/01/2019 and the judicial practice of recognizing a decision of a representative body as a form of consent of the population to change the boundaries of municipalities contradicts the constitutional right of the population on territorial self-organization. Such forms of democracy as a local referendum, general municipal discussion by the population or a general municipal poll should have an advantage, which will maximize the involvement of residents in resolving issues of the territorial structure at the municipal level.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126817446","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 : 2021-12-28DOI: 10.33693/2072-3164-2021-14-7-252-257
A. Amelenkov, M. Vikulina, Tatiana Uskova
The purpose of the research: The present research aims at analyzing the structure of the legal awareness and the factors that influence its formation, considering the ways a legal stereotype appears and functions, as well as describing the details of the process of legal awareness formation in students studying legal English and legal systems of the common law countries. In the course of an associative experiment the students were asked to provide associations to stimulus words «court», «jury» and «law». The authors attempt at finding out if it is possible to speak about the interference of legal stereotypes when students study a legal foreign language. Conclusions: In the course of the experiment the authors arrive at the conclusion that while studying legal English and legal systems of common law countries, the students acquire legal attitudes, norms and values of a foreign language society. Consequently, the secondary legal socialization takes place, which is represented by emergence and fixation of foreign language legal stereotypes and legal attitudes in future Russian lawyers. The results of the experiment prove the fact that law students possess already formed foreign language legal stereotypes. It is regarded desirable to work out recommendations for foreign language stereotypes formation in case it is necessary to correct already formed legal attitudes and stereotypes in the native language.
{"title":"THE ROLE OF ASSOCIATIONS IN IDENTIFYING MARKERS OF INTERFERENCE OF FOREIGN LEGAL EXPERIENCE","authors":"A. Amelenkov, M. Vikulina, Tatiana Uskova","doi":"10.33693/2072-3164-2021-14-7-252-257","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-7-252-257","url":null,"abstract":"The purpose of the research: The present research aims at analyzing the structure of the legal awareness and the factors that influence its formation, considering the ways a legal stereotype appears and functions, as well as describing the details of the process of legal awareness formation in students studying legal English and legal systems of the common law countries. In the course of an associative experiment the students were asked to provide associations to stimulus words «court», «jury» and «law». The authors attempt at finding out if it is possible to speak about the interference of legal stereotypes when students study a legal foreign language. Conclusions: In the course of the experiment the authors arrive at the conclusion that while studying legal English and legal systems of common law countries, the students acquire legal attitudes, norms and values of a foreign language society. Consequently, the secondary legal socialization takes place, which is represented by emergence and fixation of foreign language legal stereotypes and legal attitudes in future Russian lawyers. The results of the experiment prove the fact that law students possess already formed foreign language legal stereotypes. It is regarded desirable to work out recommendations for foreign language stereotypes formation in case it is necessary to correct already formed legal attitudes and stereotypes in the native language.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"187 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114735100","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 : 2021-12-28DOI: 10.33693/2072-3164-2021-14-7-143-146
A. Serebrennikova
The article is devoted to the analysis of the issue of effectiveness in relation to criminal punishment in the form of compulsory labor. The presented research is aimed at eliminating gaps in the current legislation. The purpose of the study: to analyze the modern understanding of compulsory labor as a type of criminal punishment. Summarize and analyze statistical data, law enforcement practice. To investigate controversial issues not resolved in the criminal law doctrine. Methodology and methods: the article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpretation of legal norms. Conclusions: based on the analysis of the points of view formulated in the theory of sciences of the criminal law cycle, legislation and empirical materials, the author formulates conclusions about the content of the concept of "effectiveness" in relation to criminal penalties in general and mandatory work in particular. In addition, the author identifies problems of a theoretical and applied nature related to the application and execution of the analyzed punishment.
{"title":"EFFECTIVENESS OF CRIMINAL PUNISHMENT IN THE FORM OF COMPULSORY LABOR","authors":"A. Serebrennikova","doi":"10.33693/2072-3164-2021-14-7-143-146","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-7-143-146","url":null,"abstract":"The article is devoted to the analysis of the issue of effectiveness in relation to criminal punishment in the form of compulsory labor. The presented research is aimed at eliminating gaps in the current legislation. The purpose of the study: to analyze the modern understanding of compulsory labor as a type of criminal punishment. Summarize and analyze statistical data, law enforcement practice. To investigate controversial issues not resolved in the criminal law doctrine. Methodology and methods: the article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpretation of legal norms. Conclusions: based on the analysis of the points of view formulated in the theory of sciences of the criminal law cycle, legislation and empirical materials, the author formulates conclusions about the content of the concept of \"effectiveness\" in relation to criminal penalties in general and mandatory work in particular. In addition, the author identifies problems of a theoretical and applied nature related to the application and execution of the analyzed punishment.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126498641","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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