Journal headings
"Legal sciences"
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Release: 2021-1 (27)
DOI: 10.21777/2587-9472-2021-1-41-47
Keywords: retrospective; criminal liability; penalty; security criminal-legal attitude; person having committed the offence, duty
Annotation: The aim of the work is to analyze different approaches to understanding retrospective criminal liability in the general theory of law and the theory of criminal, criminal procedure and criminal enforcement law. The relevance of the topic is determined by the presence of a large number of points of view, opinions of scholars on: the concept, essence and content of retrospective criminal liability, its relationship with the security criminal law relations, as well as the needs of the practice of its implementation. During the study of approaches to the understanding of retrospective criminal liability, general scientific and mid-level research methods were used: dialectical, formal-logical and systemic-structural. On the basis of the general theory of law and the theory of criminal, criminal procedure and criminal enforcement law, the paper explores various approaches of scholars to the concept, content, essence of retrospective criminal liability, its interconnection with the security criminal law relations, and also expresses the author‘s position on the issues under consideration.
EVOLUTION OF CRIMINAL RESPONSIBILITY FOR THE MOTHER’S MURDER OF A NEWBORN CHILD IN RUSSIAN AND FOREIGN LEGISLATION
Release: 2021-4 (30)
DOI: 10.21777/2587-9472-2021-4-44-52
Keywords: murder, infanticide, newborn, responsibility for infanticide
Annotation: The killing of a newborn child by a mother means the killing of a newborn child on time or immediately after childbirth, as well as the killing of a newborn child by a mother in a traumatic situation or in a state of mental disorder that does not exclude sanity. This type of crime is relatively new to modern criminal law. The composition is privileged, since the sanction of this article establishes a punishment that is significantly lower than the punishment for simple murder. Currently, there are some difficulties in considering the objective side of this crime.
COMPARATIVISTICS OF THE DIGITALIZATION OF CIVIL PROCEEDINGS IN THE RUSSIAN FEDERATION, THE UNITED STATES OF AMERICA AND THE FEDERAL REPUBLIC OF GERMANY
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.