Release: 2020-3 (25)
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Content:
DOI: 10.21777/2587-9472-2020-3-5-11
Keywords: legal education, law, university, Bologna education system, European space of higher education, cultural and historical traditions
Annotation: The circumstances of the formation of the European space of higher education and the transformation of legal education in Russia through the requirements of the Bologna education system are considered. Comparativelegal method, method of analysis and synthesis, method of analogy and modeling are used. The possibility of transferring Russian legal education to a master’s degree, when applicants will enter the master’s degree, study the traditional five or even six years and receive master’s degrees, is argued. After completing the basic three courses, as well as after graduation from college or technical school, those wishing to leave for a practical job will have to be issued a bachelor’s degree.
PROPORTIONAL ELECTORAL SYSTEM: TYPES, FEATURES OF APPLICATION
DOI: 10.21777/2587-9472-2020-3-12-18
Keywords: electoral system, proportional electoral system, party list elections, elections, voters, political parties, voting
Annotation: This article discusses the features of the application of the proportional electoral system in Russia and abroad. The author’s goal is to analyze and formulate the main characteristics of the most common methods of voting under the proportional system, taking into account the historical aspect, as well as the practice of applying in modern states in elections to representative bodies of power, and the development of this political institution. This topic is relevant in connection with the use of all three election models in voting for certain elected bodies of state power and local self-government: majority, proportional and mixed. It often leads to a lack of understanding among the electorate of the features of using a particular model, its disadvantages and advantages, which in turn leads to an unwillingness to understand this and take part in voting, realizing their real capabilities. In the fall the legal culture of citizens, the decline of interest in the institution of elections in the formation of representative bodies at various levels of emphasis is the practice of applying the most common voting patterns in the world – under the proportional electoral system. Taking as a basis the European and Russian experience of elections, the author analyzes the main negative and positive aspects of the organization of vote by party-list proportional representation, in terms of the ability to highlight the level of elections that use this model election system is appropriate and combined it with the features of the form of government that existed in the state. As the main results, the characteristic features of the proportional voting model for representative bodies of power are formulated and also recommendations on the effective use of the proportional electoral system in elections are provided.
SEPARATION FROM THE WORLD NETWORK RUNET AS A NEW FIELD OF LEGAL REGULATION OF RUSSIAN LEGISLATION
DOI: 10.21777/2587-9472-2020-3-19-24
Keywords: legal regulation of the Internet, legal regulation of the Runet, invisible Internet (dark Internet), Freenet, Level B, domain zone
Annotation: In the article it is considered the Russian segment of the Internet as a platform for the emergence of new types of relations regulated by law. It is noted that the current “world wide web” is a huge layer of the most diverse information, which counts a huge number of services and more than 3,3 billion subscribers, and this technology has not spared almost anyone. It is displayed that today the Internet opens up endless opportunities for people and states for gaining knowledge, conducting scientific activities, improving the procedure for interaction, both between citizens of different countries and the states themselves. It is pointed out the need to detail law enforcement, the need for enhanced coordination with the technical branches of informatics and cybernetics in the development of relevant legislation. It is emphasized the importance and relevance of the need to delimit the national part of the Internet and highlight legal regulation in the Russian segment of the network, establish ineffective methods of regulating the relations under consideration, also the reasons for a large number of problems in the legal regulation of the Russian segment of the network are highlighted and some ways to solve them are suggested.
PROBLEMS OF DATA PERSONIFICATION IN THE DIGITAL AGE
DOI: 10.21777/2587-9472-2020-3-25-28
Keywords: state, digitalization, personal data, digital rights, information society, digital technologies
Annotation: The article analyzes the scientific approaches and norms of the Russian legislation on personal data. At the same time personal data is considered as a legal category, which includes an array of information allowing to distinguish one person from another, showing the abilities, that the subject of personal data has, and also indicating its constitutional and administrative status.
FEATURES OF INSURANCE INTEREST IN BUSINESS
DOI: 10.21777/2587-9472-2020-3-29-36
Keywords: entrepreneurial risk, harm, insurance interest, insurance protection, insurance risk, risk management, legal liability
Annotation: In the article, based on the study of scientific works, analysis of the current legislation and reference judicial practice, specific aspects of the interest of business entities in ensuring the protection of business from possible risks associated with the activities carried out through a universal insurance mechanism are investigated. It is noted that an event considered as an insurance risk must have signs of probability, that is the potential for an occurrence, as well as randomness, which is usually associated with the lack of awareness of the interested person regarding the occurrence of this event. It is substantiated that the separation of private and public principles in the structure of the insurance interest allows to resolve the dispute existing in science about the purposes of insurance, which cannot be limited only to the protection of the interests of the weak party, even in compulsory insurance relations.
ON THE ISSUE OF A CONTRACT FOR THE PROVISION OF PAID SERVICES
DOI: 10.21777/2587-9472-2020-3-37-42
Keywords: service, performance of works and rendering of services, contract of paid rendering of services, result of rendering of service
Annotation: The article provides a description of the current legislation governing relations arising from contracts paid services, examines the legal definition of “service” and “provision of services”, the peculiarities of the contract of compensated rendering of services in comparison to a contract perform work, shows new trends and directions of development of contractual structures services in the private law sphere (digitalization, uberization), identifies a number of gaps and contradictions in the legal regulation of the contract of compensated rendering of services, the proposals on their elimination. It is concluded that the theoretical basis of the contract for the provision of paid services needs to be adjusted, supplemented and clarified, and the legal norms governing the contract for the provision of paid services need to be upd ated and improved by law. While the prospects for the development of the legal institution of paid services are seen, firstly, in the expansion and detailing the general provisions on contracts for the paid services in the Civil Code of Russia, secondly, in the development of a se t of special rules contained in other legal acts regulating varieties of contractual institute of paid services in general.
PROSPECTS FOR SELF-REGULATION IN BANKRUPTCY
DOI: 10.21777/2587-9472-2020-3-43-49
Keywords: bankruptcy, draft law, self-regulatory organization, bankruptcy trustee, state register of bankruptcy trustee, random selection of a bankruptcy trustee
Annotation: The article is devoted to the analysis of several initiatives that are included in the bill on amendments to the Federal law of Russian Federation “On insolvency (bankruptcy)”. Examining the bill, which, if adopted, will turn out to be a major reform in the industry, the author compares the novelties with the current legislative norms and puts forward his assumptions on the possible consequences of the introduction of legislative initiatives. It is also examined legislative initiatives in terms of their impact on reducing self-regulation in the field of bankruptcy and increasing government participation in it. The research method is aimed at finding the validity of the ideas of the developers of the draft law on reforming the bankruptcy industry and also reflects the lack of coordination of legislative initiatives with the professional community of arbitration managers.
THE LEGAL STATUS OF A SCIENTIST IN MODERN DIGITAL REALITIES
DOI: 10.21777/2587-9472-2020-3-50-55
Keywords: science, scientific achievements, scientist, researcher, scientific worker, investigator, numeral, digital technologies in science, education, certification, personal information, right to be creative, right to work, peculiarities of the work of scientific workers, qualification requirements, staffing table, staff salaries
Annotation: In the article some theoretical issues, which are related to determining the legal status of scientists in Russian Federation, are examined, the needs of the practice in establishing their position in the field of science, as well as in a variety of social relations: scientific, technological and innovative, including digital technologies, labor, are identified. It is paid attention on the fact that there is no single definition of the concept of “scientist” in the legislation of Russian Federation, are not systematized the criteria, according to which persons, engaged in science and research, can be attributed to this category of subjects, and is not determined their legal status.
SOME ASPECTS OF THE PRACTICAL IMPLEMENTATION OF THE MECHANISM OF PROTECTING BUSINESS FROM ENTREPRENEURIAL RISKS
DOI: 10.21777/2587-9472-2020-3-56-63
Keywords: insurance protection, insurance contract, insurance risk, union of insurers, business entities, compensation for losses
Annotation: Within the framework of this article, based on the study of scientific works, analysis of the current legislation and reference judicial practice, legal mechanisms are investigated aimed at ensuring the protection of subjects of the sphere of entrepreneurial activity from the possible risks with which this activity is associated. It is noted that the range of entities involved in the implementation of the mechanism of insurance protection of business entities includes, in addition to insurance entities, policyholders, insured persons, beneficiaries, also associations of insurers, and in some cases the state represented by authorized entities. It is substantiated that the appearance of insurers in the financial services market led to the transformation of self-insurance into more advanced forms of mutual and commercial insurance. Their role in the mechanism of insurance protection is determined by the functions assigned to them for assessing insurance risk, forming insurance reserves to provide insurance coverage, determining the amount of losses or damage, making insurance payments.
ON THE CONCEPT OF "ABUSE OF THE RIGHT"
DOI: 10.21777/2587-9472-2020-3-64-70
Keywords: abuse of the right, limits on the exercise of subjective rights, chicane, lawful conduct, offence
Annotation: The article reveals the concept of "abuse of the right", which is often mistakenly identified with the limits of the exercise of subjective rights, individual forms of abuse. Article 10 of the Civil сode of Russian Federation, which is named as «Limits to the exercise of civil rights», does not define the given concept, the criteria for determining the limits, as its name should imply. The domestic doctrine of abuse of the right has not yet been developed, which leads to difficulties in recognizing the phenomenon for law enforcement officers, reduces the quality of the administration of justice, therefore the interest of researchers in the problem has never decreased. Abuse of the right can exist in various forms, and disclosure of the legal nature of the concept is necessary to recognize a complex phenomenon that is socially harmful and dangerous for legal regulation. To reveal the concept, it is advisable to use the dialectical method, comparative legal, historical-legal and teleological approaches. The inadmissibility of abuse of the right as a general legal principle, which is enshrined in the Constitution of Russian Federation, determines the need to refer mostly to general theoretical research.
FEATURES AND PROBLEMS OF USE IN PROVING RESULTS OF OPERATIONAL-SEARCH ACTIVITY
DOI: 10.21777/2587-9472-2020-3-71-76
Keywords: criminal procedural proof, evidence, relevance and admissibility of evidence, operational-search activity, operational-search measures
Annotation: The article examines the problems of criminal procedural evidence and the requirements for evidence, namely: relevance, reliability, admissibility and sufficiency. The analysis of the problem of criminal procedural legislation in terms of the norms governing the use of the results of operational-search activities in the criminal process is carried out. The problematic issue of the assessment of indirect evidence is touched upon. It is pointed out that, given the relevance, reliability, admissibility and sufficiency of information obtained in the course of operationalsearch activities, they can become evidence in a criminal case. It is shown that the data obtained in the course of various operational-search measures may contain information directly relevant to a certain criminal case, as well as contain information included in the subject of proof. The requirements for the information contained in the materials of the operational accounting files are generalized, in which there should be indications of the operational-search measure, during which information and data were obtained, allowing to verify this information.
MURDER MOTIVATED BY A JEALOUSY IN COMPARATIVE CRIMINAL LAW
DOI: 10.21777/2587-9472-2020-3-77-88
Keywords: adultery, punishment, jealousy, criminal law, motive
Annotation: In the present article is considered the comparative approach to the murder caused by a jealousy. The legal regulation of this crime throughout history has been interpreted as a righteous punishment for adulterers, murder (with or without the possibility to mitigate a penalty) and in recent times it can take the form of aggravated murder. For these reasons legislations with various forms of this issue resolving are analyzed (ancient Rome, USA, France and Russian Federation). Jealousy is characterized by a complex psychological structure, because it is a set of mental suffering during the real or illusory adultery of loving person.