Journal headings
"Legal sciences"
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Release: 2020-3 (25)
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.
PUBLIC PROSECUTOR’S SUPERVISION OVER THE IMPLEMENTATION OF LAWS BY THE BODIES THAT CONDUCT INQUIRIES AND PRELIMINARY INVESTIGATIONS IN CRIMINAL CASES OF CORRUPTION-RELATED CRIMES
Release: 2020-1 (23)
DOI: 10.21777/2587-9472-2020-1-56-61
Keywords: prosecutorial supervision, corruption, digitalization, criminal procedure, procedural actions, investigative authorities, international experience, problems of supervision, corruption scheme
Annotation: The article is devoted to prosecutorial supervision of the execution of laws by bodies conducting inquiry and preliminary investigation in criminal cases of corruption-related crimes. The main directions and methods for combating corruption in the framework of prosecutorial supervision were studied. An assessment of the state of supervision, its features and emerging problems is given. In the light of active digitalization, the issue of the impact of the Internet on society as a whole, as well as on the totality of measures aimed at eradicating the corruption component in the activities of various individuals, is considered. The concept of the main subject of activity in the implementation of supervision, its specificity, scope of activity is given. The concept of legal behavior is considered and that affects the choice of each of the participants in the legal relationship. The assessment of the procedural actions of the participants in criminal proceedings. The problems that arise during the implementation of prosecutorial supervision of the enforcement of laws by the bodies conducting the inquiry and preliminary investigation in criminal cases of corruption-related crimes are analyzed.
CRIMES AGAINST LIFE AND HEALTH: MAIN LAW ENFORCEMENT ISSUES
Release: 2020-2 (24)
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.
CRIMINAL LAW BEHAVIOR OF A PERSON: A GENERAL THEORETICAL VIEW
Release: 2020-1 (23)
DOI: 10.21777/2587-9472-2020-1-62-67
Keywords: theory of law, lawful behavior, criminal-lawful behavior, criminal-legal norm, implementation, personality
Annotation: The purpose of this work is to study the scientific category of criminal behavior of a person from the positions of the general theory of law and the theory of criminal law. The relevance of the topic is determined by the mass character, repeatability of this criminal law phenomenon, both on the part of a particular individual and other citizens, as well as its insufficient study in the theory of criminal law in comparison with criminal behavior. In the study of criminal law behavior, general scientific and private scientific research methods were used: dialectical, historical, formal-logical, system-structural. Based on the general theory of law and lawful behavior, the article gives the concept of criminal-lawful behavior, its main types and structure. Such forms of implementation of criminal law behavior as the use, execution and compliance with criminal law norms are defined. Socially active, positive (habitual), conformist (passive) and marginal criminal behavior of a person are distinguished and considered.
ON THE CONCEPT OF "ABUSE OF THE RIGHT"
Release: 2020-3 (25)
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.