Journal headings
"Legal sciences"
All rubrics
Release: 2019-2 (20)
DOI: 10.21777/2587-9472-2019-2-64-67
Keywords: quilt, civil-law liability, public-law entity, contractual and tortious liability, public law, liability conditions
Annotation: This article discusses the matter of a public-law entity’s quilt as a condition of bringing to the civil-law liability, and characteristics of the compensation for harm caused by the public-law entity accordingly with contractual or tortious form of the liability. The article includes issues like legal personality of public-law entity in the legal relationships, based on assignment of responsibility on state and municipal authority as a public-law entity, whose founder is a local citizens. The article describes a degree of applicability of different concepts of quilt, which imputes to subjects of law as a corporation at all, and as a public-law entity particular. The article considers distribution of quilt and responsibility between corporation and person, and application of recourse responsibility.
Concept, nature, essence and features corporate relations
Release: 2019-1 (19)
DOI: 10.21777/2587-9472-2019-1-73-79
Keywords: corporate legal relations, corporate commercial and non-profit organizations, property and personal non-property relations, organizational relations
Annotation: The article discusses the main points of view on the nature and essence of corporate legal relations, reveals their place in the system of civil law regulation of public relations, identifies features and specifics of corporate legal relations, gives examples of various groups of corporate relations arising in the process of creation, activity and termination of commercial and non-commercial corporate organizations. Attention is drawn to the fact that the norm of Article 65.2. The Civil Code of the Russian Federation, which enshrines the rights and obligations of the participants of the corporation, does not distinguish between commercial and non-profit corporate organizations. Accordingly, the unified approaches proposed by the legislator to regulate relations that take shape within corporations do not take into account the differences in their creation and the legal status of their participants, which inevitably leads to contradictions in the legal regulation of this sphere of relations. At the same time, it is concluded that changes and additions to civil legislation on legal entities that gave participants of corporate organizations the rights and obligations towards the corporation itself (Chapter 9.1 “Decisions of meetings” of the Civil Code of the Russian Federation) significantly enriched the internal legal regulation of corporate entities.
Judicial protection in digitalization
Release: 2019-4 (22)
DOI: 10.21777/2587-9472-2019-4-74-78
Keywords: digitalization, judicial protection of rights, accessibility of technologies, the impact of digitalization, digital state, digital code, human rights, digital field
Annotation: This article discusses the application of new information technologies in order to achieve transparency, access to justice related to the digitalization of judicial activity. The possibility of introducing artificial intelligence into the judicial system of the Russian Federation. Problems and tasks of the Internet distribution in each subject of the Russian Federation. The issue of the complete replacement of lawyers with pre-programmed machines is also being considered. Sentencing based solely on statistics without regard to moral standards. The relevance of the article cannot be overestimated due to the fact that the speed of introducing artificial intelligence is significantly higher than the speed of development of the legal field. All the stated conclusions in the article are based on the international experience of other countries whose success in the development and implementation of digital technologies is obvious. The main problem that is considered in the framework of this article is the large scale and territory, as well as insufficient computer literacy of citizens. From the point of view of law, the main issue is the lack of a law that should regulate legal relations within the Internet.
Features of use of video conferencing in the conditions of a pre-trial detention center
Release: 2019-3 (21)
DOI: 10.21777/2587-9472-2019-3-83-87
Keywords: suspect, accused, convicted, video conferencing, crime, court, criminal process, remand prison
Annotation: This article is devoted to the issue of videoconferencing with persons who have chosen a preventive measure in the form of detention and are in a pre-trial detention center, based on the study of the activities of these institutions in Moscow and the Moscow region. The purpose of this study is to develop measures aimed at optimizing the criminal process in relation to persons in custody.
Shegalo D.D.
Release: 2019-2 (20)
DOI: 10.21777/2587-9472-2019-2-68-72
Keywords: the Ministry of internal Affairs of Russia, police, police officers, directions of activity, protection of public order, ensuring safety of citizens, patrol service of police, monetary allowance
Annotation: Currently, the system of the Ministry of internal Affairs of Russia faces a global task – to improve the quality of work in all areas that are within the competence of the Ministry, to optimize the qualitative and quantitative composition of the police, to introduce modern technical and information tools into its practical activities. It is difficult to develop universal criteria for the effectiveness of the police in General, and patrol officers in particular, because their activities are very diverse. Analyzed the legal norms in the organization of the activities of combat units of the patrol service of the police and the Orders of the Ministry of internal Affairs of Russia on the monetary allowance of the police officer, the author came to the conclusion that it is necessary to make additions to the normative legal acts, which should positively affect the efficiency of employees patrulno-sentry duty of police.