No 1 (2020)
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ТЕМА НОМЕРА: БУДУЩЕЕ ПРАВА И ПРАВО БУДУЩЕГО
7-19 368
Abstract
Purpose. In order to determine the vector of development of science and legal regulation based on the use of comparative analysis, the interpenetration and combination of private and public law in the system is investigated. Methodology and Approach. The main method of research is comparative analysis: in historical or dynamic aspect (comparison at different stages of development) and in comparative-legal aspect (comparison of different branches of law and legislation, comparison of private and public law). Results. The author proposes a classification of power relations, revealed their impact on the norms on legal entities and liability. By example of self-employed and legal entities of public law, it has been revealed that the origins of the most significant recent changes in civil legislation on issues of subjects of legal relations are in the legislation of the public-legal sphere. The trend towards recognition of legal personality by other entities is common to all branches of law. Theoretical and Practical Value. Legal defects, gaps and contradictions in legal regulation were identified and the tasks for the near future were set.
20-28 251
Abstract
Purpose. The relevance of the problem under study is due to the increased influence of the virtual world on the legal reality of modern society, which has become an obvious transformation of the post-industrial society into a VUCA world, in which the relationships of the subjects are not fully regulated and need special study. The purpose of the article is to analyze the legal construction of «virtual law» from the standpoint of the theory of law, to find out the possibility of its use in a professional legal language, and also to identify the essence of modern law and the impact of the expanding sphere of the virtual world on it. Methodology and Approach. The leading approach to the study of the problem comprises the methods of content analysis, formal legal and comparative techniques. The methodological basis of the study includes general and specific research methods of cognition (dialectical, comparative legal, formal logical) in their various combinations. Results. As a result of the study, the author argues that modern understanding of law from the legal perspective cannot and should not go too far in the virtual world because the law itself, despite the fact that it has signs of invisibility and immateriality, is nevertheless formalized in the existing legal sources and is quite understandable, real and meaningful for the legal regulation of the required objects. Hence the phrase virtual law does not sound quite proper in normative legal acts. For a more exact expression of the concept, it is advisable to use it in quotation marks thus emphasizing its special meaning or substitute by the phrase “law to regulate virtual objects”. Theoretical and Practical Value. The results of this study can be used by legislators in course of making new regulations of the behavior of subjects and objects in virtual environment.
29-40 263
Abstract
Purpose. The aim of the study was to find an effective legal regulation of property relations between spouses in modern Russia. Methodology and Approach. To achieve this goal the following tasks were fulfilled: examination of the bases and forms of state intrusion into citizens’ family life concerning protection of marital property rights; consideration of the institute of community property in a comparative-historical aspect; analysis of the problems related to the implementation and protection of the property rights of spouses at the current stage of social development, formulation of proposals for improving the existing legislation in the area under study. The methodological basis of the study includes general and specific scientific methods of cognition (dialectical, comparative legal, formal-logical) in their various combinations. Results. The author argues the necessity of modernizing legal regulation of marital property relations, taking into account social needs, and proposes to make some adjustments to the current contractual regime of marital community property in order to best resolve the accumulated problems in law enforcement practice. According to the author, the proposed innovations in the regulation of marital property relations should become an effective means of optimizing these relations in the interests of the family. Theoretical and Practical Value. The value of the study consists in disclosure and generalization of the existing problems in legal regulation of marital property relations, formulation of proposals to improve the current Russian legislation in the field of marital property.
41-56 144
Abstract
Purpose: The purpose of this study is to consider one aspect of the reform of family legislation - to increase the effectiveness of legal regulation of family placement of orphans and children without parental care. Procedure and Research Methods: The authors analyzed some forms of state statistical observation and guardianship legislation, socio-demographic features and methods of upbringing in crisis-stricken families of guardians (trustees) and foster parents of the city of Moscow. The methodological base of the study comprises such general and special research methods as observation, description, systemic and structural, sociological, logical, comparative legal, formal legal, and comparative legal techniques. Results: The study of substitute families in Moscow, experiencing a crisis, empirically confirmed that child abandonment was caused by shortcomings in the selection, training of guardians and trustees, and the lack of support for substitute families. Theoretical and Practical Value: The study argues that it is impossible to develop guardianship legislation solely on traditional family values, since they are typical of a patriarchal multi-generation family and do not meet the socio-demographic situation in modern Russia. The authors made a number of proposals for the development of guardianship legislation.
57-66 170
Abstract
Purpose. The purpose of the article is to study the process of concentration of the focus of scientific research on the problem of the personality of a convicted criminal. Procedure and research methods. The article is based on the study of the views of the largest philosophers and scientists from antiquity to our time, an attempt to reflect the historical development of ideas about the nature of crime, its causes, the impact on criminals. Results of the study. As a result of the study, the author comes to the conclusion that in social consciousness there have always been relevant for a particular historical period ideas of the nature of crime and characteristics of the offender. However until the 19th century crime had not been considered as a complex social and legal phenomenon, the personaltity of the criminal was not singled out as a separate object of study, and the problems of its treatment came to the fore in criminology only in the first quarter of the 20th century. Theoretical and practical significance of the article lies in systematization of a considerable amount of literature on the problem under study, which can contribute to further research.
THEORY AND HISTORY OF LAW AND STATE; HISTORY OF TEACHINGS ON LAW AND STATE
67-73 203
Abstract
Purpose. By examples of the judicial practice of the Moscow Court of Conscience to show judgments on civil and criminal cases, protection of personal freedom and determine the place and role of the court of conscience in the Russian system of justice. Methodology and Approach. The study presents some new archival documents of the Moscow Court of Conscience and carries out their historical and legal research, which allows the author to observe court resolutions making. Results. The creation of courts of conscience «unloaded» other courts from minor cases and allowed to consider a wider range of cases than required by the law. The application of the principle of ius naturale in judicial practice contributed to the implementation of the ideas of humanism. The examples of the Moscow Council Court practice showed how the parties were reconciled in civil cases, appealed to mercy in criminal cases and how precedents were set to reduce officials’ highhanded attitude towards personality. The comprehensive analysis of archival and published documents made it possible to determine the place and role of the court of conscience in the judicial system of the Russian Empire. Theoretical and Practical Value. This study, based on the analysis of archival documents, refutes the established opinion about the «worthlessness» of the court of conscience and reveals poorly studied issues related to its activities. The judicial practice of the Moscow Court of Conscience testified to the use of humanistic principles in its activities and contributed to their penetration into society. The results of the study can be used in further scientific research on the history of the court of conscience.
THE HISTORY OF THE DEVELOPMENT OF VIETNAMESE LAW GOVERNING THE CIRCUMSTANCES EXCLUDING CRIMINAL ACTS
74-78 107
Abstract
Purpose. The article considers the evolution of sources of criminal law in Viet Nam, providing for circumstances excluding criminal acts. Methodology and Approach. When conducting the research, the following methods were applied: analysis, synthesis, logical systemic, comparative, generalization, and historical and legal. Results. In the course of the study, new doctrinal provisions in the evolution of Vietnamese law were highlighted. Theoretical and Practical Value. The results of the study deepen the existing views and justifications of new doctrinal provisions related to the development of Vietnamese legislation providing for circumstances that exclude criminal acts.
79-87 107
Abstract
Purpose. The purpose of this article was to identify the problems connected with city government performance in the second half of the 19th century. Methodology and Approach. The methodology includes formal legal, comparative legal and historical research methods. Results. The authors identified the reasons and objective factors that prompted the tsarist government to bring to life one of the main elements of the civil society at that time - all-strata self-governance. Although the authorities imposed numerous mandatory duties on public administration bodies: maintenance of the police, troops housing, and creation of food storage, the population was granted the right to regulate the majority of local issues, including education, health, fire safety, public order, beautification, and etc.. Theoretical and Practical Value. The study summarizes a significant array of archival data and statistics on local self-government performance in the Russian Empire.
CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW
88-97 229
Abstract
Purpose. This study is caused by the necessity of theoretical understanding of the legal category of interaction between the branches of government, federation and its subjects, the state and civil society, etc., and its features in constitutional law. The main purpose of the study is to formulate theoretical provisions on interaction in constitutional law (based on the example of interaction between political parties and the State). Methodology and Approach. Based on doctrinal and legal sources, theoretical reflection of interaction as a legal category is presented; the features of legal interaction in constitutional law are shown, its concept is formulated; the content of interaction in constitutional law is revealed through the study of the example of interaction between political parties and the State. The methodological base of the study includes general research methods (dialectical method, analysis, synthesis) and specific research methods (formal-legal, method of systemic analysis of legal phenomena. Results. Based on theoretical provisions on legal interaction, the concept of legal interaction in constitutional law was formulated. By example of interaction between political parties and the state the peculiarities of the constitutional and legal status of the subjects of interaction, its limits and form were investigated. Theoretical and Practical Value. This author developed several provisions that extend the notion of legal interaction in constitutional law, which can be used as a basis for further research. Some concepts and categories of constitutional and legal science, such as «legal interaction», «interaction in constitutional law», «interaction of political parties and state» were also upgraded.
CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW
98-108 154
Abstract
Purpose. To determine the dynamics of crime related to forest violations and outline preventive measures in the field of violation of forest legislation. Methodology and Approach. An empirical and statistical analysis of the judicial practice of the institution of criminal liability for violations of forest legislation was carried out. For this, a number of tables were compiled and their data were analyzed. The data on the application of preventive measures in the field of forest protection are considered. Results. The dynamics of crime in the field of forest protection and the nature of these crimes are determined. The problems in the implementation of preventive measures in the field of forest violations are identified and ways to solve them are outlined. Theoretical and Practical Value. The study summarizes a significant body of data from judicial practice, sociological surveys and formulates proposals for implementing measures related to improving forest conservation practices and the model of legal regulation of criminal liability for violation of forest legislation.
109-114 77
Abstract
Purpose. To identify the factors that determine low efficiency of customs control and corruption. Methodology and Approach. The author analyzed the current situation in combating customs offences in the Kyrgyz Republic after joining the Customs Union and the Eurasian Economic Union, reviewed the measures of the State Customs Service under the Government of the Kyrgyz Republic for the implementation of the anti-corruption plan. The corresponding empirical material is provided. Results. The study empirically proved the existence of customs offences and related manifestations of corruption in the Kyrgyz Republic and proposed concrete measures to reduce corruption in customs. Theoretical and Practical Value. The study generalizes a considerable array of customs statistics and makes some proposals to improve the efficiency of customs control and reduce its corrupt potential.
115-121 132
Abstract
Purpose. The purpose of this paper is to analyse modern legislation on the protection of cultural heritage objects and to develop proposals for its further improvement. Methodology and Approach. The leading methods of the research were: the method of systemic analysis, synthesis, historical-legal and comparative-legal techniques. Results. The author concludes that there is a gap in Russian criminal legislation which does not allow to give a legal assessment of abuses of historical and cultural monuments. It is proposed to criminalize the specified acts, having established criminal responsibility for desecration of monuments of history and culture. Theoretical and Practical Value. The study draws attention to a crucial problem in qualification of the acts of desecrating historical and cultural monuments. It is assumed that this legislative change will contribute to improving the protection and preservation of historical and cultural monuments.
122-129 118
Abstract
The aim of this paper was to analyze the types of criminal psychological abuse understudied in the theory of criminal law and rarely found in forensic practice. Methodology and Approach. The procedure for studying criminal assaults with the use of animals was based on the use of the logical-legal method, semantic, socio-psychological, comparative legal and a selective analysis of law enforcement practice. Results. In course of the study, an independent criminal legal nature of psychological abuse with the use of animals was revealed. The conclusions were made concerning the presence of a criminal threat in case of an animal attack. Theoretical and Practical Value. The theoretical aspect lies in summarizing the threats of violence and the mechanism of intimidation of the victim in its objectivity and subjective perception. The practical aspect is in grounding criminal liability for robbery, extortion, theft, hooliganism and other crimes connected with the threat of an animal attack. The article is intended for teachers, researchers, practitioners and anyone interested in criminal law issues
SCIENTIFIC LIFE
ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)
ISSN 2949-513X (Online)