Pub Date : 2023-01-01DOI: 10.31857/s102694520026676-4
Yuriy Shulzhenko
The article is devoted to the analysis of the simplified procedure for admission to Russian citizenship. Its application in practice, its scope are closely connected with specific socio-economic conditions and the specifics of its different periods. Before 1917, the use of the simplified procedure for acquiring Russian citizenship was based mainly on an economic factor - attracting highly qualified foreigners to the country. In the first years of Soviet power, the most important factor was the return to the homeland of citizens, who had been outside as a result of the collapse of the Russian Empire and three revolutions. This is one of the reasons for the inclusion in the 1924, 1930, and 1931 Regulations on Soviet Citizenship of a position on the simplified procedure for admission to Soviet citizenship. Note that the 1938 Law on Citizenship of the USSR no longer contained such positions. Only the 2002 Law on Citizenship of the Russian Federation returns to the simplified procedure for admission to Russian citizenship. This was primarily due to the fact that more people were needed to address the enormous, highly complex challenges facing Russia, primarily in the economy. Subsequently, a large number of changes and additions were made to this act. This is a clear indication that this institution should fully reflect modern activities, is in constant development, in search, fixing new, optimal solutions. This is especially evident these days in the face of a huge threat looming over Russia aimed at the destruction of its economy, political system, everything Russian. The use of the simplified procedure for acquiring Russian citizenship in recent times was mainly associated with the adoption, establishment of new entities in the Russian Federation, relocation of forced migrants to Russia. The new Federal Law on citizenship of the Russian Federation adopted in April 2023 is based on the amendments made in 2020 to the Constitution of the Russian Federation of our country and the actual practice of migration policy in Russia. It reduced the number of requirements for persons admitted to Russian Federation citizenship, and expanded the range of persons eligible for its simplified acquisition
{"title":"Simplified procedure for admission to citizenship of the Russian Federation","authors":"Yuriy Shulzhenko","doi":"10.31857/s102694520026676-4","DOIUrl":"https://doi.org/10.31857/s102694520026676-4","url":null,"abstract":"The article is devoted to the analysis of the simplified procedure for admission to Russian citizenship. Its application in practice, its scope are closely connected with specific socio-economic conditions and the specifics of its different periods. Before 1917, the use of the simplified procedure for acquiring Russian citizenship was based mainly on an economic factor - attracting highly qualified foreigners to the country. In the first years of Soviet power, the most important factor was the return to the homeland of citizens, who had been outside as a result of the collapse of the Russian Empire and three revolutions. This is one of the reasons for the inclusion in the 1924, 1930, and 1931 Regulations on Soviet Citizenship of a position on the simplified procedure for admission to Soviet citizenship. Note that the 1938 Law on Citizenship of the USSR no longer contained such positions. Only the 2002 Law on Citizenship of the Russian Federation returns to the simplified procedure for admission to Russian citizenship. This was primarily due to the fact that more people were needed to address the enormous, highly complex challenges facing Russia, primarily in the economy. Subsequently, a large number of changes and additions were made to this act. This is a clear indication that this institution should fully reflect modern activities, is in constant development, in search, fixing new, optimal solutions. This is especially evident these days in the face of a huge threat looming over Russia aimed at the destruction of its economy, political system, everything Russian. The use of the simplified procedure for acquiring Russian citizenship in recent times was mainly associated with the adoption, establishment of new entities in the Russian Federation, relocation of forced migrants to Russia. The new Federal Law on citizenship of the Russian Federation adopted in April 2023 is based on the amendments made in 2020 to the Constitution of the Russian Federation of our country and the actual practice of migration policy in Russia. It reduced the number of requirements for persons admitted to Russian Federation citizenship, and expanded the range of persons eligible for its simplified acquisition","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"38 1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78203716","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/s102694520024817-9
K. Agamirov
The article is devoted to the study of causal relations of legal behavior as an important area of theory and Sociology of Law and the final level of implementation of legal forecasting. The foundation of law is a static legislative array, and in order for regulatory regulations to come into motion, an effective right-wing mechanism is needed. Legal conduct forms the core of legal implementation and is embodied in the legal actions of individuals, causing the circulation of the social mechanism of the law. In the work, the concepts of legal conduct and legal activity are differentiated, reflecting the positive and negative characteristics of legal activity. Predicting legal behaviour has a direct impact on preventive measures to stabilize and develop positive factors of legitimate actions and to limit the blocking of negative determinants of deviating actions at all stages of the legal implementation mechanism.
{"title":"Forecasting legal behavior as a final level of legal forecasting and practical function of the theory and Sociology of Law","authors":"K. Agamirov","doi":"10.31857/s102694520024817-9","DOIUrl":"https://doi.org/10.31857/s102694520024817-9","url":null,"abstract":"The article is devoted to the study of causal relations of legal behavior as an important area of theory and Sociology of Law and the final level of implementation of legal forecasting. The foundation of law is a static legislative array, and in order for regulatory regulations to come into motion, an effective right-wing mechanism is needed. Legal conduct forms the core of legal implementation and is embodied in the legal actions of individuals, causing the circulation of the social mechanism of the law. In the work, the concepts of legal conduct and legal activity are differentiated, reflecting the positive and negative characteristics of legal activity. Predicting legal behaviour has a direct impact on preventive measures to stabilize and develop positive factors of legitimate actions and to limit the blocking of negative determinants of deviating actions at all stages of the legal implementation mechanism.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74918185","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/s102694520025928-1
M. Kleandrov
In this article, the first of a series of articles, devoted to the problems of domestic non-federal justice, examines a set of issues related to the constitutional (statutory) courts of the Russian Federation. The author, considering the role and importance of this institution of justice in Russia, the presence of a huge scientific and legal component of its foundation and other factors, as well as the insufficiency of the grounds for its abolition, came to the conclusion that it is necessary to restore it. Taking into account the main drawback of the named institution in the public consciousness – its “high cost” and low “productivity”, the author makes specific proposals to offset this shortcoming when recreating – on a new legislative basis – this institution of domestic justice.
{"title":"About non-federal justice Part I. Should the constitutional (statutory) ones have been abolished courts of the subjects of the Russian Federation?","authors":"M. Kleandrov","doi":"10.31857/s102694520025928-1","DOIUrl":"https://doi.org/10.31857/s102694520025928-1","url":null,"abstract":"In this article, the first of a series of articles, devoted to the problems of domestic non-federal justice, examines a set of issues related to the constitutional (statutory) courts of the Russian Federation. The author, considering the role and importance of this institution of justice in Russia, the presence of a huge scientific and legal component of its foundation and other factors, as well as the insufficiency of the grounds for its abolition, came to the conclusion that it is necessary to restore it. Taking into account the main drawback of the named institution in the public consciousness – its “high cost” and low “productivity”, the author makes specific proposals to offset this shortcoming when recreating – on a new legislative basis – this institution of domestic justice.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75357371","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/s102694520026684-3
Alexei Antonenko
The article polemically examines some fundamental issues, investigated by S.N. Baburin in the monograph “The Moral State: Russian view of the values of constitutionalism”. Among them: the principle of objectivity in science, the concepts of morality and justice, the forms of popular control. The civilitarian theory of state and law is discussed. The necessity of building an essentially new formation of society based on the dominance of spiritual values over material values and the need to transition to direct democracy is substantiated. The ways of transition to a society of creative formation are considered
{"title":"The Moral State of the civilitarian model or the social structure of the creative format","authors":"Alexei Antonenko","doi":"10.31857/s102694520026684-3","DOIUrl":"https://doi.org/10.31857/s102694520026684-3","url":null,"abstract":"The article polemically examines some fundamental issues, investigated by S.N. Baburin in the monograph “The Moral State: Russian view of the values of constitutionalism”. Among them: the principle of objectivity in science, the concepts of morality and justice, the forms of popular control. The civilitarian theory of state and law is discussed. The necessity of building an essentially new formation of society based on the dominance of spiritual values over material values and the need to transition to direct democracy is substantiated. The ways of transition to a society of creative formation are considered","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76250628","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/s102694520025622-5
E. Frolova
The article shows the influence of Kantian philosophy on jurisprudence. From the position of neo-Kantianism, law and the state are not objective “things in themselves”, but transcendental logical constructions of the cognizing subject. Law is twofold: as a subject of logic and as a social phenomenon included in social relations as their regulator. In the concept of law, rational and irrational elements are distinguished. According to neo-Kantian methodology, the state can be the subject of research both nomothetic (the state is a recurring fact) and idiographic (the state is a unique phenomenon) sciences. It is shown that in the Russian Philosophy of Law of the 19th - early 20th centuries of the neo-Kantian orientation, special attention was paid to the problems of finding a social ideal, the connectedness of the state by law, the theme of a legal state, the basis of which is a self-sufficient person. The ethical and legal basis of the neo-Kantian Philosophy of Law in Russia was Kant’s idea of individual freedom, its autonomy, of the external protection of all members of society by the state with the help of the rule of law and non-interference in the inner world of a person. In the late 19th - early 20th centuries, Kant’s philosophy was extrapolated to the conditions of the historical reality of that period in the form of requirements for the legal provision of individual rights and freedoms in a legal state.
{"title":"Methodology of the Neo-Kantian Philosophy of Law: the transition from “due” to “being”","authors":"E. Frolova","doi":"10.31857/s102694520025622-5","DOIUrl":"https://doi.org/10.31857/s102694520025622-5","url":null,"abstract":"The article shows the influence of Kantian philosophy on jurisprudence. From the position of neo-Kantianism, law and the state are not objective “things in themselves”, but transcendental logical constructions of the cognizing subject. Law is twofold: as a subject of logic and as a social phenomenon included in social relations as their regulator. In the concept of law, rational and irrational elements are distinguished. According to neo-Kantian methodology, the state can be the subject of research both nomothetic (the state is a recurring fact) and idiographic (the state is a unique phenomenon) sciences. It is shown that in the Russian Philosophy of Law of the 19th - early 20th centuries of the neo-Kantian orientation, special attention was paid to the problems of finding a social ideal, the connectedness of the state by law, the theme of a legal state, the basis of which is a self-sufficient person. The ethical and legal basis of the neo-Kantian Philosophy of Law in Russia was Kant’s idea of individual freedom, its autonomy, of the external protection of all members of society by the state with the help of the rule of law and non-interference in the inner world of a person. In the late 19th - early 20th centuries, Kant’s philosophy was extrapolated to the conditions of the historical reality of that period in the form of requirements for the legal provision of individual rights and freedoms in a legal state.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78971567","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/s102694520024856-2
V. Lapaeva
Technological progress and law development until recently were different facets of one common process of mankind progressive advancement towards asserting greater independence from the natural elements and expanding the scope of human freedom. At the same time, law, on the one hand, was the most important incentive for the development of the creative potential of mankind as a source of scientific and technical innovations, and on the other hand, it was an effective way to correct deformations within the system of techno-humanitarian balance, guaranteeing against the most dangerous manifestations of technological power. However, with the advent of the 21st century convergent NBIC-technologies, the law increasingly demonstrates its inability to reduce the technological development risks to an acceptable level. The novelty of the situation is that social risks come to the fore. This trend is most clearly manifested in the field of legal regulation of the processes of creating and applying technologies for editing the human genome. A whole series of breakthroughs in the field of studying the human genome, carried out in recent decades, has opened up huge prospects not only for the development of medicine, but also for changing the natural qualities of a person, up to the possibility (so far theoretical) to control the mankind biological evolution. These new opportunities lead to entail proportionate social risks, connected primarily with the danger of an irreconcilable split of humanity into different socio-biological groups. In the current conditions law is not able to cope with the threat of humanity losing its biosocial unity. The hopes expressed in the public space for moral and religious factors to counteract the dangers of technological dehumanization, fraught with a surge of social injustice, seem to be greatly overestimated. There is even less reason to count on the so-called “moral bioimprovement” of mankind. In the current situation, apparently, there is no other way than a difficult creative search, focused on improving social, economic and political relations in line with an equitable legal approach. Successes along this path would provide the conditions under which the human community would be able to preserve the law vector of biotechnological development and, at the same time, avoid its catastrophic consequences.
{"title":"Social risks of the genetic revolution: from the standpoint of the legal approach","authors":"V. Lapaeva","doi":"10.31857/s102694520024856-2","DOIUrl":"https://doi.org/10.31857/s102694520024856-2","url":null,"abstract":"Technological progress and law development until recently were different facets of one common process of mankind progressive advancement towards asserting greater independence from the natural elements and expanding the scope of human freedom. At the same time, law, on the one hand, was the most important incentive for the development of the creative potential of mankind as a source of scientific and technical innovations, and on the other hand, it was an effective way to correct deformations within the system of techno-humanitarian balance, guaranteeing against the most dangerous manifestations of technological power. However, with the advent of the 21st century convergent NBIC-technologies, the law increasingly demonstrates its inability to reduce the technological development risks to an acceptable level. The novelty of the situation is that social risks come to the fore. This trend is most clearly manifested in the field of legal regulation of the processes of creating and applying technologies for editing the human genome. A whole series of breakthroughs in the field of studying the human genome, carried out in recent decades, has opened up huge prospects not only for the development of medicine, but also for changing the natural qualities of a person, up to the possibility (so far theoretical) to control the mankind biological evolution. These new opportunities lead to entail proportionate social risks, connected primarily with the danger of an irreconcilable split of humanity into different socio-biological groups. In the current conditions law is not able to cope with the threat of humanity losing its biosocial unity. The hopes expressed in the public space for moral and religious factors to counteract the dangers of technological dehumanization, fraught with a surge of social injustice, seem to be greatly overestimated. There is even less reason to count on the so-called “moral bioimprovement” of mankind. In the current situation, apparently, there is no other way than a difficult creative search, focused on improving social, economic and political relations in line with an equitable legal approach. Successes along this path would provide the conditions under which the human community would be able to preserve the law vector of biotechnological development and, at the same time, avoid its catastrophic consequences.","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":"80837557","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/s102694520018992-2
E. Luneva
At the world level, a holistic concept of geoparks has been developed as a form of sustainable management in the field of protection and use of objects of geological heritage of international importance, ensuring geodiversity. However, in many states relations on the creation and operation of geoparks remain unsettled, and only the first attempts to consolidate the relevant rules in national legislation have appeared. In Russia, a narrow approach to the legal protection of the natural environment has been identified, based on the conservation and restoration of biological, less often landscape, diversity. The current norms on specially protected geological objects, specially protected natural areas are not sufficient for the conservation and restoration of geodiversity. The word “geodiversity” is mentioned in a single policy document. Normative legal acts do not fix the terms and definitions of “geodiversity”, “geological heritage”, “geopark”, as well as other special definitions in the field of protection of unique and rare geological objects, which makes it difficult to develop legal norms on geoparks in accordance with global trends. The legislation of the countries with the largest number of UNESCO Global Geoparks is presented as best practice: China, Spain and Italy. In these countries, the protection and use of geological heritage is carried out in different ways. The most successful foreign management experience in the field of protection and use of geological heritage objects, which can be borrowed by the Russian legislator, is highlighted. Possible options for the reception of legal models for the creation and operation of geoparks in Russia are given.
{"title":"Legal protection and rational use of geological heritage in geoparks","authors":"E. Luneva","doi":"10.31857/s102694520018992-2","DOIUrl":"https://doi.org/10.31857/s102694520018992-2","url":null,"abstract":"At the world level, a holistic concept of geoparks has been developed as a form of sustainable management in the field of protection and use of objects of geological heritage of international importance, ensuring geodiversity. However, in many states relations on the creation and operation of geoparks remain unsettled, and only the first attempts to consolidate the relevant rules in national legislation have appeared. In Russia, a narrow approach to the legal protection of the natural environment has been identified, based on the conservation and restoration of biological, less often landscape, diversity. The current norms on specially protected geological objects, specially protected natural areas are not sufficient for the conservation and restoration of geodiversity. The word “geodiversity” is mentioned in a single policy document. Normative legal acts do not fix the terms and definitions of “geodiversity”, “geological heritage”, “geopark”, as well as other special definitions in the field of protection of unique and rare geological objects, which makes it difficult to develop legal norms on geoparks in accordance with global trends. The legislation of the countries with the largest number of UNESCO Global Geoparks is presented as best practice: China, Spain and Italy. In these countries, the protection and use of geological heritage is carried out in different ways. The most successful foreign management experience in the field of protection and use of geological heritage objects, which can be borrowed by the Russian legislator, is highlighted. Possible options for the reception of legal models for the creation and operation of geoparks in Russia are given.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"9 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72471620","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/s102694520026146-1
S. Chucha
The article deals with the problems of legal regulation of the statics and dynamics of labor relations. An analysis of scientific research on the suspension of an employment contract is carried out. The necessity of fixing the suspension of the employment contract as an institution or sub-institution of labor law is substantiated. It is proposed to fix the legal definition of the relevant concept in a separate article of the Labor Code of the Russian Federation, indicating the main forms of suspension of the employment contract through references to other articles of the Labor Code of the Russian Federation. It is argued that the institution of suspension of an employment contract is supplemented with norms regarding workers involved in the performance of work in order to ensure the defense of the country and the security of the state, their enrollment in special formations during the period of mobilization and in wartime, involved in the performance of work for the needs of defense, liquidation of the consequences of the use of enemy of weapons, restoration of damaged (destroyed) economic facilities, life support systems and military facilities, in the fight against fires, epidemics and epizootics, joining special formations and units of territorial defense during the period of martial law, as well as those called up for military service.
{"title":"Suspension of a labor contract","authors":"S. Chucha","doi":"10.31857/s102694520026146-1","DOIUrl":"https://doi.org/10.31857/s102694520026146-1","url":null,"abstract":"The article deals with the problems of legal regulation of the statics and dynamics of labor relations. An analysis of scientific research on the suspension of an employment contract is carried out. The necessity of fixing the suspension of the employment contract as an institution or sub-institution of labor law is substantiated. It is proposed to fix the legal definition of the relevant concept in a separate article of the Labor Code of the Russian Federation, indicating the main forms of suspension of the employment contract through references to other articles of the Labor Code of the Russian Federation. It is argued that the institution of suspension of an employment contract is supplemented with norms regarding workers involved in the performance of work in order to ensure the defense of the country and the security of the state, their enrollment in special formations during the period of mobilization and in wartime, involved in the performance of work for the needs of defense, liquidation of the consequences of the use of enemy of weapons, restoration of damaged (destroyed) economic facilities, life support systems and military facilities, in the fight against fires, epidemics and epizootics, joining special formations and units of territorial defense during the period of martial law, as well as those called up for military service.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"44 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73413192","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/s102694520024338-2
A. Mezyaev
The article deals with the issue of the process and results of the selection of the main accused for trials at the International Military Tribunal and the International Military Tribunal for the Far East. The evolution of the criteria that formed the basis of such selection is traced. It is shown that the official or unofficial position of a person in the system of the fascist state or Hitler’s inner circle was appeared as the first criterion for the selection of the accused. The second criterion proposed was the actual possibility of trying such a person in his presence. The third criterion was the principle of the impossibility of establishing an exact geographical framework for these crimes. Finally, the criterion for the representation of various sectors of the state machine of Nazi Germany and militaristic Japan is singled out. The article also analyzes the criteria that were initially considered acceptable, but which were abandoned at a later stage in the preparation of the indictments. Concludes that the experience of the IMT and the IMTFE in the selection of accused remains relevant for modern bodies of international criminal justice.
{"title":"). Selection of primary defendants in the work of the Nuremberg and Tokyo International Military Tribunals","authors":"A. Mezyaev","doi":"10.31857/s102694520024338-2","DOIUrl":"https://doi.org/10.31857/s102694520024338-2","url":null,"abstract":"The article deals with the issue of the process and results of the selection of the main accused for trials at the International Military Tribunal and the International Military Tribunal for the Far East. The evolution of the criteria that formed the basis of such selection is traced. It is shown that the official or unofficial position of a person in the system of the fascist state or Hitler’s inner circle was appeared as the first criterion for the selection of the accused. The second criterion proposed was the actual possibility of trying such a person in his presence. The third criterion was the principle of the impossibility of establishing an exact geographical framework for these crimes. Finally, the criterion for the representation of various sectors of the state machine of Nazi Germany and militaristic Japan is singled out. The article also analyzes the criteria that were initially considered acceptable, but which were abandoned at a later stage in the preparation of the indictments. Concludes that the experience of the IMT and the IMTFE in the selection of accused remains relevant for modern bodies of international criminal justice.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82101009","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/s102694520024140-5
Irina Admiralova
The institution of administrative responsibility is one of the key ones in Administrative Law. However, in order for it to become so, it took quite a long time, the legal support of the institution of administrative responsibility was formed almost throughout the twentieth century. Today, a two-level system of legislation on administrative responsibility has been formed. The article draws attention to legislative and doctrinal provisions related to issues of administrative responsibility.
{"title":"On the issue of trends of the development of the legal establishment of administrative responsibility","authors":"Irina Admiralova","doi":"10.31857/s102694520024140-5","DOIUrl":"https://doi.org/10.31857/s102694520024140-5","url":null,"abstract":"The institution of administrative responsibility is one of the key ones in Administrative Law. However, in order for it to become so, it took quite a long time, the legal support of the institution of administrative responsibility was formed almost throughout the twentieth century. Today, a two-level system of legislation on administrative responsibility has been formed. The article draws attention to legislative and doctrinal provisions related to issues of administrative responsibility.","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":"85478154","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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