Pub Date : 2023-01-01DOI: 10.31857/s102694520024340-5
I. M. Ragimov
The article analyzes the problems of unification at the global level of the minimum age of criminal responsibility, types and categories of crimes committed by an individual, as well as issues of standardization of the types, nature and upper limits of criminal punishment. The problem posed has a long history. It was the subject of permanent discussion in the early twentieth century. So, starting Since 1928, the question of the unification of criminal responsibility has been periodically considered within the walls of the League of Nations. But, as the analysis shows, they were unsuccessful, including because these attempts were selective in nature and concerned only certain types of crimes. In today's globalizing world, when the fundamental rights and freedoms of man and citizen are the subject of regulation not only national legislation, but also International Law, there is an urgent need for global unification of not only all types and categories of crimes committed by individuals, but also the minimum age of criminal responsibility, types of criminal penalties, its upper limits and methods of implementation.
{"title":"Problems of unification of criminal liability individuals globally","authors":"I. M. Ragimov","doi":"10.31857/s102694520024340-5","DOIUrl":"https://doi.org/10.31857/s102694520024340-5","url":null,"abstract":"The article analyzes the problems of unification at the global level of the minimum age of criminal responsibility, types and categories of crimes committed by an individual, as well as issues of standardization of the types, nature and upper limits of criminal punishment. The problem posed has a long history. It was the subject of permanent discussion in the early twentieth century. So, starting Since 1928, the question of the unification of criminal responsibility has been periodically considered within the walls of the League of Nations. But, as the analysis shows, they were unsuccessful, including because these attempts were selective in nature and concerned only certain types of crimes. In today's globalizing world, when the fundamental rights and freedoms of man and citizen are the subject of regulation not only national legislation, but also International Law, there is an urgent need for global unification of not only all types and categories of crimes committed by individuals, but also the minimum age of criminal responsibility, types of criminal penalties, its upper limits and methods of implementation.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75153008","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/s102694520026812-4
E. Talapina
In the absence of a universally accepted definition of Big Data, its attributes are described in the current literature. The Big Data processing is still outside the legal frameworks, so the most significant legal problem is the “contact” with personal data, for which rules have already been established. Any violations in this area directly affect Human Rights, especially the right to privacy. In the case of Big Data, privacy is increasingly seen as an economic right and personal data as having economic value. The need to respect the right to privacy puts the data subject at the center of the legal construction of legal access to personal data who expresses informed consent to operations with his personal data. In the context of Big Data processing, it is necessary to select a more appropriate and dynamic model of informed consent. Although data as such is unlikely to be a right of property object, it should be protected through other mechanisms, such as those aimed at ensuring accountability. It is the development of accountability mechanisms that is becoming one of the main directions in the Big Data regulation.
{"title":"Big Data and human rights: toward legal regulation","authors":"E. Talapina","doi":"10.31857/s102694520026812-4","DOIUrl":"https://doi.org/10.31857/s102694520026812-4","url":null,"abstract":"In the absence of a universally accepted definition of Big Data, its attributes are described in the current literature. The Big Data processing is still outside the legal frameworks, so the most significant legal problem is the “contact” with personal data, for which rules have already been established. Any violations in this area directly affect Human Rights, especially the right to privacy. In the case of Big Data, privacy is increasingly seen as an economic right and personal data as having economic value. The need to respect the right to privacy puts the data subject at the center of the legal construction of legal access to personal data who expresses informed consent to operations with his personal data. In the context of Big Data processing, it is necessary to select a more appropriate and dynamic model of informed consent. Although data as such is unlikely to be a right of property object, it should be protected through other mechanisms, such as those aimed at ensuring accountability. It is the development of accountability mechanisms that is becoming one of the main directions in the Big Data regulation.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"91 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80494512","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/s102694520021918-0
Roman Nutrikhin
The review considers book “Freemasonry and Law” by Roscoe Pound, translated into Russian by E. L. Kuzmishin, Candidate of History. Brief biographical information about the author is given, as well as information about his participation in Freemasonry. Pound’s importance in the development of the sociological school of law is emphasized. The scientific contribution of this book to modern Russian legal literature in the areas of theory of state and law, Philosophy of Law, history of legal and political teachings is noted.
这篇评论考虑了罗斯科·庞德(Roscoe Pound)的《共济会与法律》(freemasony and Law)一书，该书由历史学候选人E. L. Kuzmishin译成俄文。简要介绍了作者的传记信息，以及他参与共济会的信息。强调了庞德在社会学法学发展中的重要作用。本书在国家和法律理论、法律哲学、法律和政治教学史等领域对现代俄罗斯法律文献的科学贡献被指出。
{"title":"R. Pound. Freemasonry and the Law / transl. from English by E.L. Kuzmishin","authors":"Roman Nutrikhin","doi":"10.31857/s102694520021918-0","DOIUrl":"https://doi.org/10.31857/s102694520021918-0","url":null,"abstract":"The review considers book “Freemasonry and Law” by Roscoe Pound, translated into Russian by E. L. Kuzmishin, Candidate of History. Brief biographical information about the author is given, as well as information about his participation in Freemasonry. Pound’s importance in the development of the sociological school of law is emphasized. The scientific contribution of this book to modern Russian legal literature in the areas of theory of state and law, Philosophy of Law, history of legal and political teachings is noted.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81624806","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/s102694520024656-2
N. Ryzhov
The article presents an analysis of the legal status and control over the activities of mediators in France. In the country pay close attention on regulating the activities of mediators and associations offering services for the mediation procedure. In order to ensure the proper functioning of conciliators and mediation organizations, control bodies have been established to monitor compliance with the fundamental requirements governing the work of mediators. In order to develop and improve the mediation procedure in the Russian Federation as the most effective way of alternative dispute resolution, the article analyzes on the France Republic regulations, as well as the qualification requirements of specialized organizations for mediators to be included in the list of conciliators at the appellate courts of France. In the second part of the study, the issue of requirements for mediators is discussed on the example of the work of the Commission for the control of mediators in the field of consumption (Commission d'évaluation et de contrôle de la médiation de la consommation). As a result of the analysis, it was revealed that, unlike the Russian legislation regulating mediation issues, the activities, duties, and responsibilities of mediators in France are strictly regulated. Of no small importance is a clear sectoral division of mediators. This practice allows us to conclude that the conditions for the high efficiency of the work of mediators in the republic are created, since each specialist, in addition to having a special professional education, including legal education, is an expert in the area in which disputes arise. Such an organization of the work of conciliators seems to be highly justified, since the persons who have applied for the help of mediators have confidence that the dispute will be resolved with the help of a certified specialist, and not a person who has taken a basic course on the basics of mediation.
本文分析了法国调解员的法律地位及其对调解员活动的控制。在该国，密切注意规范调解员和为调解程序提供服务的协会的活动。为了确保调解员和调解组织的适当运作，设立了管制机构，以监测对调解员工作基本要求的遵守情况。为了发展和改进俄罗斯联邦的调解程序，使其成为替代性争端解决的最有效方式，本文分析了法兰西共和国的条例，以及专门组织对调解员的资格要求，以便将调解员列入法国上诉法院的调解员名单。在研究报告的第二部分，以委员会在消费领域管制调解员的工作为例讨论了对调解员的要求问题(Commission d' samatation et de contrôle de la samatation de la consomation)。分析结果显示，与俄罗斯有关调解问题的立法不同，法国对调解员的活动、义务和责任进行了严格的规定。对调解人进行明确的部门划分也很重要。这种做法使我们可以得出结论，共和国调解员高效率工作的条件已经形成，因为每一位专家除了接受过特殊的专业教育，包括法律教育外，还是产生争端领域的专家。这样安排调解员的工作似乎是很有道理的，因为申请调解员帮助的人相信，争端将在一名有证书的专家的帮助下解决，而不是在一个上过调解基本知识基本课程的人的帮助下解决。
{"title":"On the experience of France in the preparation, control and qualification requirements for mediators","authors":"N. Ryzhov","doi":"10.31857/s102694520024656-2","DOIUrl":"https://doi.org/10.31857/s102694520024656-2","url":null,"abstract":"The article presents an analysis of the legal status and control over the activities of mediators in France. In the country pay close attention on regulating the activities of mediators and associations offering services for the mediation procedure. In order to ensure the proper functioning of conciliators and mediation organizations, control bodies have been established to monitor compliance with the fundamental requirements governing the work of mediators. In order to develop and improve the mediation procedure in the Russian Federation as the most effective way of alternative dispute resolution, the article analyzes on the France Republic regulations, as well as the qualification requirements of specialized organizations for mediators to be included in the list of conciliators at the appellate courts of France. In the second part of the study, the issue of requirements for mediators is discussed on the example of the work of the Commission for the control of mediators in the field of consumption (Commission d'évaluation et de contrôle de la médiation de la consommation). As a result of the analysis, it was revealed that, unlike the Russian legislation regulating mediation issues, the activities, duties, and responsibilities of mediators in France are strictly regulated. Of no small importance is a clear sectoral division of mediators. This practice allows us to conclude that the conditions for the high efficiency of the work of mediators in the republic are created, since each specialist, in addition to having a special professional education, including legal education, is an expert in the area in which disputes arise. Such an organization of the work of conciliators seems to be highly justified, since the persons who have applied for the help of mediators have confidence that the dispute will be resolved with the help of a certified specialist, and not a person who has taken a basic course on the basics of mediation.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73624059","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/s102694520018174-2
K. Karpenko
The article compares the Medina Agreement of 622 A.D. and modern Arab constitutions in the light of human rights issues. The Medina Agreement did not have a significant impact on the subsequent constitutional development in the Arab world, however, as the author shows, questions of the legal status of a person arise in Islam immediately after the Hegira. Muhammad strove to reconcile among themselves the representatives of different confessions (Muslims, Christians and Jews) who inhabited Medina at that time, and to establish the state on a solid foundation of true faith. A similar problem exists in Arab countries today, when, on the one hand, Islam is declared the state religion, and on the other, freedom of conscience is declared, subject to respect for the laws, morals and customs of a particular state.
{"title":"Relationship between human rights and freedoms and islam in arab countries","authors":"K. Karpenko","doi":"10.31857/s102694520018174-2","DOIUrl":"https://doi.org/10.31857/s102694520018174-2","url":null,"abstract":"The article compares the Medina Agreement of 622 A.D. and modern Arab constitutions in the light of human rights issues. The Medina Agreement did not have a significant impact on the subsequent constitutional development in the Arab world, however, as the author shows, questions of the legal status of a person arise in Islam immediately after the Hegira. Muhammad strove to reconcile among themselves the representatives of different confessions (Muslims, Christians and Jews) who inhabited Medina at that time, and to establish the state on a solid foundation of true faith. A similar problem exists in Arab countries today, when, on the one hand, Islam is declared the state religion, and on the other, freedom of conscience is declared, subject to respect for the laws, morals and customs of a particular state.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86024450","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/s102694520024626-9
A. Chuchaev
The article dedicated to the 100th anniversary of the birth of Academician of the Russian Academy of Sciences Vladimir Nikolaevich Kudryavtsev provides a brief analysis of his creative experience in Criminal Law, criminology and legal conflictology, reveals the theoretical and practical significance of the author’s works, which in many ways have become the theoretical basis for new areas of research in jurisprudence; the transformation of scientific ideas developed by the scientist into social practice is shown, in particular into criminal legislation, law enforcement and criminological measures to prevent crime, resolve conflicts by legal means.
{"title":"Transformation of scientific paradigms in social practice","authors":"A. Chuchaev","doi":"10.31857/s102694520024626-9","DOIUrl":"https://doi.org/10.31857/s102694520024626-9","url":null,"abstract":"The article dedicated to the 100th anniversary of the birth of Academician of the Russian Academy of Sciences Vladimir Nikolaevich Kudryavtsev provides a brief analysis of his creative experience in Criminal Law, criminology and legal conflictology, reveals the theoretical and practical significance of the author’s works, which in many ways have become the theoretical basis for new areas of research in jurisprudence; the transformation of scientific ideas developed by the scientist into social practice is shown, in particular into criminal legislation, law enforcement and criminological measures to prevent crime, resolve conflicts by legal means.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77170959","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/s102694520026149-4
Dmitrii V. Pozharskii
The review of the International “Round Table” “The Russian state and the challenges of the XXI century”, dedicated to the 70th anniversary of the birth of the famous jurist, Doctor of Law, Professor, Honored Lawyer of the Russian Federation Valery Nikolaevich Butylin, held at the Academy of the Ministry of Internal Affairs of Russia on December 16, 2022, is given.
{"title":"Public power. Law and order. Human rights (Review of the International “Round Table” “The Russian state and the challenges of the XXI century”)","authors":"Dmitrii V. Pozharskii","doi":"10.31857/s102694520026149-4","DOIUrl":"https://doi.org/10.31857/s102694520026149-4","url":null,"abstract":"The review of the International “Round Table” “The Russian state and the challenges of the XXI century”, dedicated to the 70th anniversary of the birth of the famous jurist, Doctor of Law, Professor, Honored Lawyer of the Russian Federation Valery Nikolaevich Butylin, held at the Academy of the Ministry of Internal Affairs of Russia on December 16, 2022, is given.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81348998","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/s102694520024105-6
E. Frolova
The peer-reviewed monograph of the famous Bulgarian lawyer Yanaki Stoilov “Principles of law: concept and application” is an interdisciplinary study in which the topic of principles is covered extremely widely, it reflects not only the phenomena of law and politics, but also ethics, history, logic and even folklore. The book is distinguished by its fundamental, analytical nature and, to a certain extent, innovative approach to the assessments and phenomena of modernity: the problems of the correlation of national and International Law, legality and legitimacy, the legal and social state, the possibilities and limits of democracy, etc.
{"title":"Ya. Stoilov. Principles of law: concept and application / transl. from Bulgarian by E.M. Kuzmina, G. Kanev","authors":"E. Frolova","doi":"10.31857/s102694520024105-6","DOIUrl":"https://doi.org/10.31857/s102694520024105-6","url":null,"abstract":"The peer-reviewed monograph of the famous Bulgarian lawyer Yanaki Stoilov “Principles of law: concept and application” is an interdisciplinary study in which the topic of principles is covered extremely widely, it reflects not only the phenomena of law and politics, but also ethics, history, logic and even folklore. The book is distinguished by its fundamental, analytical nature and, to a certain extent, innovative approach to the assessments and phenomena of modernity: the problems of the correlation of national and International Law, legality and legitimacy, the legal and social state, the possibilities and limits of democracy, etc.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"81 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82665716","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/s102694520024625-8
A. Aleksandrov
April 2023 marks the 100th anniversary of the birth of the outstanding Soviet and Russian lawyer, criminologist, Academician, Vice-President of the Russian Academy of Sciences Vladimir Niko-laevich Kudryavtsev. The article, based on the scientific heritage of V.N. Kudryavtsev, reveals topical issues of combating crime: starting with general philosophical ideas about criminal behavior and end-ing with specific aspects of the preliminary investigation and trial. Special attention is paid to the state-legal ideology, its necessity in a democratic state governed by the rule of law. The issues of criminal policy, crime prevention, and the use of punishment are considered. The absolutization of the ac-cused’s admission of guilt and the accusatory bias in the administration of justice are criticized.
{"title":"Fighting crime as a life strategy (touches to the portrait of the Academician)","authors":"A. Aleksandrov","doi":"10.31857/s102694520024625-8","DOIUrl":"https://doi.org/10.31857/s102694520024625-8","url":null,"abstract":"April 2023 marks the 100th anniversary of the birth of the outstanding Soviet and Russian lawyer, criminologist, Academician, Vice-President of the Russian Academy of Sciences Vladimir Niko-laevich Kudryavtsev. The article, based on the scientific heritage of V.N. Kudryavtsev, reveals topical issues of combating crime: starting with general philosophical ideas about criminal behavior and end-ing with specific aspects of the preliminary investigation and trial. Special attention is paid to the state-legal ideology, its necessity in a democratic state governed by the rule of law. The issues of criminal policy, crime prevention, and the use of punishment are considered. The absolutization of the ac-cused’s admission of guilt and the accusatory bias in the administration of justice are criticized.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"46 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88512079","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/s102694520025208-9
A. M. Pleshakov
The scientific article provides a brief overview of the work of the VIII International Scientific and Practical Conference “Criminal Law and operational investigative activities: problems of legislation, science and practice”, held on April 28 - 29, 2022 at the Research Institute of the Federal Penitentiary Service. More than a hundred doctors and candidates of sciences, including scientists from the Republic of Belarus, Azerbaijan, Kazakhstan and Vietnam, took part in the conference. At the meetings, the problems of cross-sectoral regulation and the relationship between the norms of the Criminal Law and the Federal Law “On operational investigative activities”; countering the provocation of crimes in the Russian Federation and abroad; grounds for a criminal-legal prohibition and their significance for conducting operational-search activities; using the results of operational investigative activities for the qualification of criminal acts and their prevention. The article presents a summary and the main conclusions contained in the speeches of the conference participants.
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