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Moscow Juridical Journal

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No 4 (2022)
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ЮРИДИЧЕСКИЕ КОНСТРУКЦИИ В СОВРЕМЕННОМ ПРАВЕ

7-23 185
Abstract

Aim. Determination of tasks for specialist-scientists involved in teaching constitutional law in the context of the constitutional reform of 2020, innovations of the Constitution of the Russian Federation and the problems of their use in the teaching process.
Methodology. A systematic analysis of the innovations of constitutional and legal regulation after the constitutional reform of 2020 has been given, which remains in the foreground for scholars who teach constitutional law. The problems of using the categories of public law and public power, civil society, social principles, the foundations of the status of an individual, the territorial organization of the country, the electoral process, the relevant authorities in the new conditions were considered in teaching. The issues of combining in teaching constitutional law the consideration of different levels of internal constitutional and legal regulation are discussed, as well as supranational and international documents on constitutional relations in our country.
Results. Problems were identified on the implementation of innovations of constitutional and legal regulation after the constitutional reform of 2020, author’s proposals, advice and recommendations in the field under consideration were made, which will contribute to improving legislation and a high level of teaching constitutional law in Russia.
Research implications. Practical recommendations are given to achieve the goals of teaching students in the process of studying the constitutional law of the Russian Federation

24-34 190
Abstract

Aim. To reveal the possibilities of digitalization for the systematization of legal terminology. Methodology. Both general techniques (methods of analysis and synthesis, formulation of definitions) and private legal methods (legal statistics, legal forecasting, legal modeling) were used, which made it possible to obtain research results and answer the question about the role of digitalization in the systematization of legal terminology.
Results. The author’s concept of systematization of legal terminology is proposed. A plan has been developed to systematize legal terminology through digitalization, the main stage of which is the preparation and adoption of the Federal Law «On the Legal Thesaurus of the Russian Federation» in electronic form.
Research implications. A new type of legal systematization in the form of a legal thesaurus is proposed. With the help of the Federal Law «On the Legal Thesaurus of the Russian Federation», posted on the blockchain platform, it will be possible to solve not only the problem of systematization of legal terminology, but also the main practical problems associated with the search for legal terms, their interpretation and application.

THEORETICAL AND HISTORICAL LEGAL SCIENCES

35-44 120
Abstract

Aim. To evaluate the political and legal attitudes of prominent representatives of the ruling parties of Weimar Germany in their political and legislative activities.

Methodology. Content analysis was a key research method.

Results. The key points of view on topical issues of constitutional, criminal and international law are revealed.

Research implications. The study reveals the legal approaches of political public organizations to building a rule of law state.

45-56 124
Abstract

Aim. Develop the concept of a state strategy to counter the goals and means manipulation in legal regulation.
Methodology. Both general scientific (dialectical, logical, systemic, structural-functional) and special scientific methods of research (formal legal, comparative legal, legal modeling) were used.
Results. The conclusion about the need for a systematic counteraction to the legal goals and means manipulation is substantiated. Both particular technologies of legal goals and means manipulation as well as the emerging practice of counteracting this form of legal behavior are studied.
Research implications. The concept of the state strategy for countering the goals and means manipulation in legal regulation is formulated and the steps that ensure its effective implementation are analyzed. In order to optimize the proposed strategy, particular measures of improvement of the current legislation are elaborated.

PUBLIC LAW (STATE LAW) SCIENCES

57-64 187
Abstract

Aim. To consider the state, new horizons and prospects for the development of the institution of socio-economic rights of citizens, which forms the basis of the Russian model of the welfare state.

Methodology. The 2020 amendments to the Constitution of Russia were studied through the use of general scientific and particular scientific research methods.

Results. The authors draw attention to the fact that there is a positive trend in the implementation of a system of measures and activities aimed at improving the quality and standard of living of Russian citizens, characterized by active and efficient activities of the bodies implementing social policy. It is noted that the new constitutional provisions enshrined in the text of the Constitution of 2020 are a logical continuation of the improvement of the Russian model of social policy. The prospects for its development depend on whether the provision of socio-economic rights will have a permanent character or their horizon will be only visible.

Research implications. The formulated conclusions are of theoretical and applied importance for improving the social policy of the state.

65-72 192
Abstract

Aim. Analysis of the Chinese model of court management.

MethodologyIn the process of research, methods of analysis, comparative legal, systematic, formal legal, were used.

ResultsFormerly the Chinese model has been characterized as a model of external management of courts. Based on the analysis of domestic and foreign directive and literary sources, the article shows the appearance of new elements of judicial self-government in the PRC over the past decade. It seems that changes in Chinese legislation and legal practice have led to a transformation in the type of judicial administration – at the present stage, the model of judicial administration in the PRC can be characterized as a model of separate administration of courts.

Research implications. Russian science, according to the fair opinion of modern Russian jurists, needs to carefully monitor the development of the legislative system of the PRC and conduct its large-scale comparative studies for the possible use of progressive Chinese experience in scientific and practical activities. Some recent publications emphasize the need for Russia to have a common vision of Eastern problems and discuss them at scientific conferences.

73-82 169
Abstract

Methodology. The article presents the analysis of the regulation of state support provided for civil society institutions by the legislation of the subjects of the Russian Federation. In the course of the research, the following methods were used: dialectical, system-structural, formal-legal, comparative legal, axiological, etc.

Results. The main issues in the development of the regional component constituting the system of current legislation that regulates civil society institutions support by the state in the Russian Federation are revealed. Among them are: centralization and unification, duplication and inconsistency of provisions, lack of an integrated approach and consideration of regional special factors of civil society development. Attention is drawn to a characteristic feature of the development of the legislation under consideration: the absence of differences in the regulation of the system of legal forms of support between socially oriented non-profit organizations and other civil society institutions functioning on the territory of the subject of the Russian Federation.

Research implications. The author suggests ways to improve regional legislation on the state support of civil society institutions. The intended purpose of regional legislation should be a comprehensive regulation of support for civil society institutions, increasing transparency and transparency of this process, taking into account the peculiarities of civil society development in each region. The proposed measures will contribute to strengthening trust between regional public authorities, citizens and their associations.

PRIVATE LAW (CIVILISTIC) SCIENCES

83-93 225
Abstract

AimTo analyze the role of state control over the circulation of medicines, to identify the problems of legal regulation of the circulation of medicines in the consumer market of the Russian Federation.

MethodologyIn the process of the research methods of analogy, analysis, comparative legal, formal legal were used.

ResultsThe study revealed the presence of gaps in the legislation governing the sampling of pharmaceuticals, the lack of clear sampling standards for quality control in the consumer market of pharmaceuticals and the implementation of the rules used in the state pharmacopoeia.

Research implications. The formulated conclusions are of particular importance for improving the state regulation of the circulation of medicines.

94-106 507
Abstract

Aim. To analyse CISG Article 35 which regulates conformity of goods.

Methodology. The method of analysis, empirical research method were used

Results. In international sales law, the buyer is entitled to receive what was bargained between both parties and the seller has an obligation to send the goods in accordance with the contract of sale. Naturally, the goods must be suitable as agreed in the contract of sale. Therefore, the conformity of goods is the duty of the seller. Article 35 CISG is only provision which regulates the conformity of goods. Research iimplications. Conformity of goods is a very significant part of the contract of sale in international sales law and non-conformity of goods may amount to the fundamental breach of the contract of sale. Conformity of goods is shaped by the expectations of the buyer and is the duty of the seller. Pursuant to Article 35 CISG, conformity of goods is categorized in two different groups; the express conformity of goods and the implied conformity of goods. The express conformity of goods criteria are contractual quality, contractual quantity, contractual description and packaging in CISG Article 35(1). The implied conformity of goods criteria are fitness for the ordinary purpose, fitness for the particular purpose, sample goods and packaging in CISG Article 35(2). Packaging is the common criterion for both criteria.

УГОЛОВНО-ПРАВОВЫЕ НАУКИ (ЮРИДИЧЕСКИЕ НАУКИ)

107-115 200
Abstract

Aim. To study the grounds for the latency of crime in the field of sports and influence on the crime rate. Methodology. In the course of the study the methods of induction, content-analysis, comparative method, analysis, and synthesis were used, as well as deductive methods which enabled to formulate certain general conclusions.

Results. The research has shown that the real conditions of crime in the field of sports are not revealed in the court data. The reasons for this are the specifics of the crime statistics and the specifics of the sport field. The lack of the relevant legal assessment and inability to make the principle of unavoidability of punishment come to life leads to the diminishing of the preventive effect of the criminal law and negatively affects the recreational and educational functions of sport.

Research implications. Theoretical and empirical relevance of the research reveals itself in a creation of a theoretical basis that can be used to improve the system of combating sport crimes.

116-125 145
Abstract

Aim. To provide preliminary justifications in a criminal case in the light of philosophical, logical and judicial procedural principles, which are prerequisites for the implementation of the deliberative concept of legal proceedings.

MethodologyThe methods of analysis of scientific literature, synthesis, comparative law were used. Results. The fundamental provisions of the argumentation process when considering a criminal case in court on the merits are given. The epistemological foundations of cognition make it possible to form methods and algorithms of argumentation in court, which are based on logical techniques and allow the most effective influence on the inner conviction of both the court and the opposing party in a competitive environment.

Research implications. Since the conceptuality of the criminal process lies in the competitiveness of the parties, for this reason the judge acts as an independent arbitrator, who, without giving any source of evidence a predominant legal force, passes judgment on the case. In this regard, the theoretical and practical expediency of the study is seen in the study of the origins of the foundations for the formation of internal conviction and the objectivity of the final decision, the verdict in a criminal case, both accusatory and acquittal, in the light of the argumentation process, which originates from epistemology and the laws of logic.

126-132 444
Abstract

Aim. To present legal analysis of general and particular rules for the qualification of an unfinished crime, enshrined in the criminal legislation of the Russian Federation, materials of law enforcement practice and science, which allows us to give a correct (justified, accurate, legal) assessment of unfinished illegal acts at the stage of preparation or attempted crime.

MethodologyVarious scientific research methods (analysis, synthesis, comparative-legal, system-structural) were used in the research process. The analysis of the researchers’ views on the issues and problems of the qualification of an unfinished crime is given.

Results. The scientific article summarizes and systematizes the basic rules of qualification of preparation for a crime and attempted crime. Based on the analysis of the studied criminal cases, the errors arising in law enforcement practice during the legal assessment of acts forming unfinished criminal activity are analyzed.

Research implications. The scientific provisions containing in the article, as well as practical recommendations on the qualification of crimes forming unfinished criminal activity, can be used in the process of studying and teaching the disciplines of the criminal law cycle, as well as in order to optimize criminal legislation that establishes norms on responsibility for preparation for a crime and attempted crime.

133-142 145
Abstract

Aim. Investigation of medical and legal risks associated with the use of telemedicine and its impact on crime, evaluation of the effectiveness of criminal legal means of responding to violations in the field of telemedicine.

Methodology. In the course of the research, general scientific methods of cognition, as well as the logical-legal method were used.

Results. The study made it possible to assess the scale of potential problems in the provision of remote services provided through information and telecommunication technologies at the earliest stages, since telemedicine is a developing field.

Research implications. The theoretical and practical significance of this research lies in improving the system of response measures to crimes committed in the field of telemedicine.

ROSTRUM FOR YOUNG SCIENTISTS

143-151 197
Abstract

AimTo find the correlation between the terms «security property» and «property» in Russian legislation understanding and find out whether it is acceptable to treat the construction of security property as something different from “ordinary” property.

MethodologyThe content of property (§1–2 of Article 209 of the Civil Code of the Russian Federation) was analysed with the use of the comparison method; understanding property by domestic legal scholars and the content of property correlated with the content of the security property structure were also analysed. ResultsThe conclusion was made that, from the point of view of property law, the security property coincides in its content with the «property» enshrined in Article 209 of the Civil Code of the Russian Federation. It is noted that it is more correct to consider the security property not as a special instrument (for example, as incomplete or temporary right of ownership), but to talk about the security function of the property right.

Research implications. This article contributes to the study of security property, specifies the direction for the subsequent study of the security function of the property right, as well as underlines the real effect of the “position” of the creditor and the debtor in the instrument of title security.



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ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)