Journal headings
"Legal sciences"
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Release: 2021-2 (28)
DOI: 10.21777/2587-9472-2021-2-46-52
Keywords: digitalization of civil proceedings, constitutional law, comparative studies, digital technologies, justice
Annotation: The article defines the current state of digitalization of civil proceedings in the Russian Federation, the United States of America and the Federal Republic of Germany and conducts a comparative analysis of this legal phenomenon based on the specifics of the respective national legal orders. On the basis of the norms of the current legislation of states, materials of scientific discussion and practical examples, the author comes to the conclusion that the phenomenon under study is at the stage of formation in all states. There is a trend towards the unification of procedural forms, accompanied by the formalization of procedures in Russia and Germany.
THE PROBLEM OF QUALIFICATION OF MURDER OF A NEWBORN CHILD BY THE MOTHER
Release: 2021-1 (27)
DOI: 10.21777/2587-9472-2021-1-48-51
Keywords: offence, murder, newborn child, psychotraumatic situation, state of mental disorder, sanity, qualification, qualifying actions, intent
Annotation: The paper discusses the problems of qualifying the murder of a newborn child by mother. The inaccuracies that occur in corresponding article of the Criminal Code of the Russian Federation are identified. The ways of improvement of criminal law for the better qualification of this type of offence are suggested.
ON THE ISSUE OF THE PROPERTY SEPARATENESS OF A GARDENING NON-PROFIT PARTNERSHIP
Release: 2021-4 (30)
DOI: 10.21777/2587-9472-2021-4-53-58
Keywords: gardening non-profit partnership, property separatness, legal entity, absentee voting, common use property
Annotation: The article is dedicated to the consideration of the legal regime of common use property of non-profit organizations created for gardening and horticulture. The property separateness of the legal entity was analyzed. The evaluation of the state of the current legislation of the activities of gardening and horticultural partnership was undertaken. The reasoned proposals for its improvement are presented, in particular, on making additions to part 7 article 14 Federal Law dated 29.07.2017 № 217-FZ (hereinafter: Law, Law № 217-FZ, gardening Law), concerning the details of the procedure for calculating membership and target contributions; to article 17 of the Law on changing the voting procedure, as well as to part 8 of Article 25 of the Law on granting the possibility of gratuitous transfer of common use property to the ownership of territorial energy enterprises.
RUSSIAN HIGH SCHOOL IN THE PAN-EUROPEAN EDUCATIONAL SPACE: ASSESSMENT OF THE SITUATION
Release: 2020-3 (25)
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.
METHODOLOGY OF LEGAL KNOWLEDGE IN THE SOVIET DOCTRINAL SPACE
Release: 2020-2 (24)
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.