No 4 (2019)
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ТЕМА НОМЕРА: НАКАЗАНИЕ КАК МЕРА ЮРИДИЧЕСКОЙ ОТВЕТСТВЕННОСТИ: ПРОБЛЕМЫ ИСТОРИИ, ТЕОРИИ И СОВРЕМЕННОЙ ПРАКТИКИ
9-17 128
Abstract
The history of prisons in Muscovy has not been sufficiently studied. On the basis of newly-discovered archival data, this article analyses the evidence of detention of the representatives of Turkic nobility in Russian prisons. The author used analytical and comparative methods of investigation. The results of the research could be used both in teaching and law-making procedures. The data obtained suggest that at the time under consideration there were special prisons for those who, for various reasons, could not be held together with ordinary prisoners. This raises a question of the class approach to the organization of prisons in Russia.
18-25 144
Abstract
The article deals with some issues of international legal responsibility inherent exclusively in modern space law, and having a significant impact on the legal regulation of space activities due to their features. The author shows the importance of understanding the nature and essence of such features, as well as the need to take them into account in improving modern legislation in the field of space law. Investigating the problem, the author used the methods of comparative legal and historical analysis, as well as structural and functional method. The empirical basis of this study includes Federal laws, international treaties of the Russian Federation and the legislation of foreign countries. The study concluded that such features of international legal responsibility as state responsibility for damage caused by non-state space activities participants (non-governmental legal entities) and the absence of the upper limit of compensation of damages have a significant impact on legal regulation in the field of space and space technology development.
26-40 117
Abstract
The article is based on archival materials from the Russian State Historical Archives and the State Archives of the Vologda Oblast and attempts to characterize the peculiarities of the formation and development of the system of provincial penitentiary institutions in the first half of the 19th century. The author used both general and special scientific methods as well as an interdisciplinary approach. It was concluded that in the first half of the 19th century the central government sought to modernize Criminal Law following the example of European countries, but faced significant difficulties. The revealed archival materials prove that under the conditions of insufficient finance and chaotic legal regulation, the creation of penitentiary institutions in the province turned out to be a long and controversial process. The results of the study can be used as a starting point for further research, comparative studies, and as data for textbooks and lecture courses.
41-48 98
Abstract
The purpose of this study is to consider the features of the application of punishment in the form of a fine to delinquents. The authors carried out a comparative legal analysis of the norms of criminal and penal legislation of some CIS countries and the Russian Federation, in terms of the appointment and execution of punishment in the form of a fine. The theoretical and practical value of the study is determined by the fact that the findings can be used as a basis for further research and improvement of the current criminal and Criminal Law enforcement legislation of the Russian Federation. The novelty of the research lies in the expansion of its scope, as well as in the fact that the authors have summarized some problems of fining juvenile criminals and presented possible ways to solve them.
49-58 73
Abstract
The article aims at substantiating the grounds for the formation and implementation of penal policy in the sphere of convicts’ involvement into labor and defines the role of socially useful labor as a means of correction under modern conditions. The author analyzed the possibilities to activate modern penal policy improvement processes by means of developing some basic principles of convict labour organization and production activity of penal institutions. The study presents some bases for penal policy implementation in the sphere of convict labour.
59-68 140
Abstract
The article analyzes penal enforcement legislation by example of Spanish prison regime. The content and distinctive features of the open (minimum restrictions), ordinary (standard restrictions) and closed (maximum restrictions) types of regimes are comprehensively described on the basis of the analysis, systematization, statistical, and comparative legal methods. All types of regimes can be established in one prison. There are also separate institutions for closed and open regimes. The type of detention regime depends on a classification group of a convicted person. The study revealed that even the maximum closed regime, by some characteristics, is more liberal compared with the mildest conditions of serving a criminal sentence in Russia. The experience of Spanish prison system should be taken into consideration while constructing a modern form of penal system in Russia.
69-76 98
Abstract
The article presents the case for improving the execution of sentences under the conditions of natural disasters, state of emergency or martial law (e.g. sick convicts serving sentences without imprisonment). The authors used the methods of analysis, synthesis, induction, deduction, comparative-legal, formal-logical, etc.. The authors justify the need for establishing penal enforcement legislation in the context of natural disasters, state of emergency or martial law, taking into account the peculiarities of the execution of sentences not related to deprivation of liberty (correctional labour, etc.). Special attention is paid to serving these sentences by sick convicts in extreme conditions. It is concluded that it is necessary to stimulate legal behavior of sick convicts, as well as to introduce the institution of suspension of serving the sentence in case of actual impossibility of its execution in extreme conditions.
77-85 102
Abstract
The article defines a number of directions for the development of criminal executive law: formation of the foundations of public-private partnership in prison; development of penal legislation in cases of natural disaster, emergency or martial law (in extreme conditions); study of problems of correction and prevention of new crimes by certain categories of persons (having different diseases; Russian and foreign citizens who participated in military actions, etc.). An analysis of the problems of enforcement of sentences against persons with sexual identification disorder has been carried out. The issue of resuscitation of exile as a criminal punishment with account of the development of the Russian economy was considered. The study used methods of analysis, synthesis, induction, deduction, comparative-legal, formal-logical, systemic-structural, etc. The theoretical and practical value of the study consists in the definition of a number of directions for the development of the theory of criminal executive law and legislation, and penal practice.
THEORY AND HISTORY OF LAW AND STATE; HISTORY OF TEACHINGS ON LAW AND STATE
86-99 126
Abstract
The modern system of law in the world is undergoing fundamental changes. In many ways, they are directly related to the new legal reforms being carried out in most countries of the European Union. They actually mark a new stage in the development of modern law and contribute to the emergence of new trends in its development. This article is devoted to new directions in the development of law in Germany, to the formulation of tasks for the legislator to effectively change laws in various spheres of society on the basis of practical experience. The author uses methods of analysis, comparativistics, and modeling. The practical significance of the conclusions obtained on the basis of legal analysis of laws and their application lies in concrete proposals for the legislator to change legal regulation in important areas of modern society (constitutional, civil law, criminal, labour, social and other areas). The author draws attention to the fact that laws must meet the urgent needs of the individual. Legislative changes undertaken as part of law reform should always take into account the need for a transitional period to adapt the law or create a situation for people to understand and trust the law. While interpreting the law higher courts of the European Union member states should pay more attention to their citizens’ views on it.
100-107 88
Abstract
The relevance of the presented research is determined by the request to correlate legal reforms in Russia with the features of the Russian civilization. The methodological basis of the study was the application of civilization theory to the analysis of transformation processes in Russia and the world. The aim of the study was to contextualize Russian legal reforms within the framework of the socio-cultural issues of Russia. The result of the study was a proof of civilizational and axiological variability of legal transformations in history and the modern world, interpretation of the experience of post-Soviet right-wing reform as a manifestation of alien civilizational and axiological tranche and a forecast on a conservative axiological inversion. The theoretical significance of the study lies in the author’s recommendations for revising the vector of legal reforms in accordance with civilizational and axiological anatomy of Russia.
CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW
108-122 80
Abstract
The purpose of the study is to acquaint a wide circle of the scientific community with the latest research in the field of electoral law of the United States in part of the first in national jurisprudence and a complete description of the organizers of elections and referenda at state and municipal levels in the United States. The author reviews a broad array of federal, regional, and local laws with reference to constitutional, legal, and regulatory acts of US states. The work is the first article in a series of articles examining all fifty subjects of the American Federation and the District of Columbia. The author analyzed constitutional and electoral laws of the United States at the level of Idaho, Iowa and Alaska states at the beginning of 2019. The research methodology includes comparative legal, formal legal, formal dogmatic, concrete sociological, empirical, dialectical, analytical methods, and systemic approach. The results of the research consist in introducing the data on the organizers of elections and referenda in the states of Idaho, Iowa and Alaska, which have not been covered in the Russian research literature, into scientific use. The author also provides interpretation of certain provisions of the law and the legal framework of US electoral legislation and law enforcement practice. Lacunas in legislation that require additional research have been announced. Theoretical and practical value of the study lies in summarizing both established and recent legal sources (constitutions, state laws, federal laws, charters, subordinate legal acts) of Idaho, Iowa, Alaska and making proposals how to enrich Russian legal science and develop an objective understanding of what is happening in US constitutional, electoral law, and state-building.
CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW
123-136 199
Abstract
The article discusses the objective and subjective features of Article 239 of the Criminal Code and illustrates them by examples from judicial practice. This criminal law is mainly applied to the leaders and active participants of new religious associations (sects) showing criminal behaviour under the guise of religion. The author comes to the conclusion that the disposition of Article 239 of the Criminal Code of the Russian Federation does not fully cover all kinds of encroachment that are possible within religious sects and presenting a real public danger.
CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW
137-144 195
Abstract
The article is devoted to the assessment of damages as a way of protecting property rights. Having studied the literary sources and materials of judicial practice, the authors came to the conclusion that the diversity of judicial practice on the issue of damages does not permit to remove this problem from the current legal agenda. The list of factors influencing certain features of real damage and loss of profit calculation is determined mainly by the current techniques and judicial practice. At the same time, the assessment of law enforcement experience allows the authors to conclude that the views of courts on the issue under consideration tend to be different.
ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)
ISSN 2949-513X (Online)