Release: 2020-2 (24)
Rubrics:
Content:
DOI: 10.21777/2587-9472-2020-2-6-12
Keywords: methodology of law, jurisprudence, dissertation, legal knowledge, discourse, legal teachings
Annotation: The article examines the Soviet dissertation legal doctrines on the methodology of legal knowledge, and also describes the prospects for using the results of these studies in domestic legal science. The main purpose of the article is to analyze the most important and fundamental dissertations of Soviet jurists, which present logically based teachings on the methodology of law, as well as the possibility of using specific forms of scientific knowledge obtained by Soviet jurists in the process of certification of scientific personnel in the Russian Federation. Based on the dialectical approach, using the principle of historicism, scientific truth and objectivity, the authors show the specifics of the results obtained in the dissertation legal teachings on the methodology of legal knowledge, analyze the praxeological possibilities of using appropriate forms of scientific knowledge in modern Russian legal science, justify the need to create an electronic data Bank of new scientific results obtained in all branches of pre-revolutionary, Soviet and post-Soviet law.
REFORM OF THE CONSTITUTION OF THE RUSSIAN FEDERATION IN 2020: THE RETURN OF CONSTITUTIONALISM TO THE NATIONAL ROUTE
DOI: 10.21777/2587-9472-2020-2-13-17
Keywords: state, constitution, national development path, spiritual and moral values, constitutional reform, ideology of constitutionalism
Annotation: The article examines the systemic civilizational shortcomings of the 1993 Russian Constitution and substantiates the relevance and significance of the constitutional reform of 2020, the return to the text of the constitution of traditional spiritual and moral values of Russian society, filling with real content of the social character of the modern Russian state. The need to return Russia through constitutional innovations to its civilizational route of development, suggesting the traditional nature of spiritual and moral values and unity around the Orthodox spiritual core of society of all Abrahamic and other traditional religions.
ON THE FORM OF GOVERNMENT OF THE RUSSIAN EMPIRE IN 1907–1914
DOI: 10.21777/2587-9472-2020-2-18-23
Keywords: absolute monarchy, revolution of 1905–1907, State Duma, “third June coup d’état”, constitutional monarchy, “the Third-June monarchy”
Annotation: The article examines the main aspects of the state structure of the Russian Empire after the revolution of 1905–1907 and before 1917. The goal of the authors is to analyze the political prerequisites for the formation of a special form of state structure in Russia, which received the name “the Third-June monarchy” in the historical literature. This topic is relevant in the context of the need to maintain political stability in the state and society. The authors cover the main provisions of the Manifesto of October 17, 1905 and the electoral law of June 3, 1907. The controversial issue of the legality of making changes to state laws in 1907 is raised, the author’s assessment of these actions is given. Special attention is paid to the historical consequences of the “June third coup”. As the main results, the authors formulate the characteristic features of the parliamentarism of the Russian Empire after 1907. The conclusion is made about a natural increase in the internal political crisis in the country, the origins of which lie in the events of June 3, 1907.
DEMOCRACY AS LAW AND ORDER DETERMINANT IN MODERN RUSSIA
DOI: 10.21777/2587-9472-2020-2-24-29
Keywords: democracy, the rule of law, social state, democratic procedures
Annotation: The article analyses various aspects of democracy as the most important political factor affecting the appearance of the rule of law in modern Russia.
SERGEY GESSEN: HISTORICAL FACT AS A FACT OF THE REALIZATION OF THE MINIMUM OF TRANSCENDENTAL BEING
DOI: 10.21777/2587-9472-2020-2-30-34
Keywords: neo-Kantianism, transcendental, transcendental, history, historiosophy, S.I. Hessen
Annotation: The article is dedicated to S.I. Gessen, a representative of Russian Baden neo-Kantianism, whose views (S.I. Gessen, B.V. Yakovenko, F.A. neo-Kantianism as a distinctive formation. The creativity of S.I. Gessen demonstrates both the reception of the main principle in the interpretation of history, which is understood as having a relative character, since everything is decided by values, and the methodological developments of the founders of the Baden school of neo-Kantianism.
JUDICIAL LAW-MAKING DURING THE PANDEMIC (THE EXPERIENCE OF AUSTRIA AND GERMANY)
DOI: 10.21777/2587-9472-2020-2-35-40
Keywords: pandemic, civil proceedings, information technology, remote justice, procedural deadlines
Annotation: The potential of the analogy of law, which made it possible to find new forms and methods of procedural interaction with litigants, has not been fully exhausted and has been actively developing in a pandemic. The example of Austria and the Federal Republic of Germany suggests that it is important to keep the golden mean between the observed tendency towards de-ceremonization of court proceedings and the need to follow the fundamental principles of justice. The objective of the research is to provide a brief overview of the experience of civil law proceedings in the context of a pandemic using the example of Austria and the Federal Republic of Germany, and to consider certain aspects of the digitalization of justice. The purpose of the study is to highlight the practical proposals of foreign jurisdictions to increase the accessibility of justice, to reflect the advantages and disadvantages of the experience gained in modernizing approaches to the use of information technologies. The methodological basis of the study was: formal legal method, comparative legal method, as well as general scientific methods of cognition. An analysis of the foreign experience of the legislator and law enforcement officer in a crisis situation allows us to formulate for the future some ideas highlighted by the conditions of the pandemic and requiring public discussion. It is indicative that despite the analysis of the experience of two independent systems, a number of mechanisms proposed for implementation have common fundamental features: the transition to the active use of video conferencing, including with parties located abroad, the presence of developed mechanisms for the suspension of procedural deadlines during extraordinary events.
ON THE JURISDICTION AND COMPETENCE OF THE INTELLECTUAL PROPERTY RIGHTS COURT
DOI: 10.21777/2587-9472-2020-2-41-48
Keywords: arbitrary court, intellectual property rights court, jurisdiction of the court, composition of the court, court competence
Annotation: The relevance of the present research is served by the fact that creation of intellectual property rights court in the system of arbitrary courts in RF reopened scientific discussion about the correlation between the jurisdiction of the regular courts and arbitrary courts. Nowadays specialization of judiciary is being prior area of the judicial reform, that’s why issues of jurisdiction and competence of the intellectual property rights court are included into the scientific discourse. Objective: is to develop a model for resolving cases of exclusive rights and arbitration procedural legislation in order to formulate proposals on this basis for improving arbitration procedural legislation. The fundamental basis of the research is built upon dialectical method. The authors also use the other methods of the research which are general scientific and special legal methods including systematic, comparative legal onces, etc. Results: the article examines the features of the content of the legal categories “competence” and “competence” of the intellectual property Court as a specialized judicial body. The analysis of criteria for dividing competence between related bodies is carried out. It shows the General problems in the sphere of implementation by the intellectual property Court of its powers to consider cases within the existing competence. The necessity of changing the composition of the intellectual property Court by introducing the institution of arbitration assessors is proved. It seems appropriate to develop the concept of competence of the court of intellectual rights-a set of jurisdiction and jurisdiction of the case to the specified court, and the criterion for distinguishing the jurisdiction of the dispute is the subject of the dispute and its subject matter. This definition of competence will help to differentiate the powers of the judiciary.
EMERGENCE AND DEVELOPMENT OF THE INSTITUTE OF ENTREPRENEURSHIP
DOI: 10.21777/2587-9472-2020-2-49-52
Keywords: entrepreneurship, business activity, commercial population, merchants
Annotation: The purpose of the research is expressed in the need to study the emergence and development of the Institute of entrepreneurship. The article discusses the features of the emergence and development of the Institute of entrepreneurship. The author points out the features of entrepreneurial activity starting from Ancient Russia and ending with the collapse of the USSR.
PROSPECTS FOR REGULATORY CHANGES IN BANKRUPTCY
DOI: 10.21777/2587-9472-2020-2-53-59
Keywords: bankruptcy, draft law, bankruptcy trustee, self-regulatory organization, debtor, rehabilitation, extrajudicial bankruptcy, creditors’ claims register
Annotation: The article is devoted to the problems of the need to amend legislative regulation in the field of bankrupt cy on issues that have matured in the industry and the possible search for compromise solutions for interested parties. The author examines two bills to amend the Federal Law “On Insolvency (Bankruptcy)”, as well as reviews of these projects, as well as issues from the community of arbitration managers, experts and organizations, one way or another involved in the field of bankruptcy. Using a systematic research method, the article reflects the problem of differences in positions and lack of coordination on the main ideas of reforming the bankruptcy industry between the developers of the law and the community of arbitration managers. The conclusion is drawn on the need for further elaboration of the draft laws on amendments to the Federal Law “On Insolvency (Bankruptcy)” or the development of a completely new law that would take into account the rather significant and reasonable opinions of the community of arbitration managers.
CRIMES AGAINST LIFE AND HEALTH: MAIN LAW ENFORCEMENT ISSUES
DOI: 10.21777/2587-9472-2020-2-60-64
Keywords: crimes against life and health, optimization, responsibility, punishment, incitement suicide, actual bodily harm
Annotation: The relevance of the research mentioned in the given article is predetermined by the fact that in the modern world criminal offences against life and health can constitute one of the basic threats of national safety both in Russia and in the world. Therefore, this article considers the most important enforcement problems in sphere of crimes against life and health. Besides, some vectors of consecutive optimization of criminally legal settlement operating mechanism are stated. On an example of the crime stipulated by art. 110 of the Criminal code of the Russian Federation, problems of qualification of the specified crime against life are designated. Some tendencies of our state criminally legal policy are noted as basic directions of counteraction to criminal offences against life and health. The corresponding conclusions are drawn.
DOES IT MAKE SENSE FOR THE ACCUSED (SUSPECT), DEFENDANT TO ADMIT GUILT IN COMMITTING A CRIME IN THE CONTEXT OF THE CURRENT CRIMINAL AND CRIMINAL PROCEDURE LEGISLATION OF THE RUSSIAN FEDERATION?
DOI: 10.21777/2587-9472-2020-2-65-73
Keywords: confession of guilt, confession, evidence, suspect, accused, defendant, court
Annotation: According to the author, today, both the institute of “confession” and “confession of guilt” in the commission of a crime cannot fully ensure the interests of the accused (suspected), defendants. It is proposed to make legislative adjustments: in Art. 15 of the Criminal Code of the Russian Federation, where to indicate the term of punishment, depending on the nature and degree of public danger of the act, which cannot be exceeded in the event of a “confession”. In clause “i” part 1 of article 61 of the Criminal Code of the Russian Federation, after the words “obtained as a result of a crime”, add: “affects the appointment of a sentence in accordance with Art. 15 of the Criminal Code of the Russian Federation”. Based on the definition of evidence specified in Part 1 of Article 74 of the Criminal Procedure Code of the Russian Federation, to consider “a confession” not only as a reason to initiate a criminal case, but also information subject to proving in a criminal case. Part 2 of Art. 74 of the Code of Criminal Procedure of the Russian Federation, as evidence, add – “a confession, after the initiation of a criminal case”. The essence of the “confession of guilt” must be reflected in Part 1 of Art. 314 of the Code of Criminal Procedure of the Russian Federation, after the words “declare their agreement with the charges brought against him and”, add the phrase “confession of guilt”.
FEATURES OF COMMITTING CORRUPTION CRIMES IN CORRECTIONAL INSTITUTIONS OF THE PENITENTIARY SYSTEM
DOI: 10.21777/2587-9472-2020-2-74-78
Keywords: corruption, corruption crime, correctional institution, penal enforcement system
Annotation: This scientific paper explains the concepts of corruption, corruption crime, corruption crime. The features of corruption in the penal system are considered, the ways of committing corruption crimes in penitentiary institutions are studied, the definition of which allows us to develop effective measures to prevent this negative phenomenon.