Vol 1, No 2 (2017)
- Year: 2017
- Published: 15.12.2017
- Articles: 15
- URL: https://bakhtiniada.ru/2587-9340/issue/view/19509
Articles
PUBLIC INTEREST AS a LEGAL CATEGORY
Abstract
Проанализирована одна из центральных категорий юридической науки «интерес», отмечено, что при исследовании интереса необходимо различать интерес общества (публичный интерес) и интерес личности и иных социальных групп (частный интерес). Уровень теоретического осмысления законодателем понятий, производных от категорий «интерес», «правовой интерес», «публично-правовой интерес», сегодня явно не отвечают потребностям нормотворческой, правореализационной и интерпретационной практик. Сделано предположение о том, что в настоящее время объективно требуется повышение роли публичных интересов в правовом регулировании общественных отношений. Это в равной степени относится и к правотворческой, и правореализационной деятельности. Своевременно выявляя интересы людей, коллективов, общества в целом, выстраивая их иерархию и осуществляя их согласование, законодатель нуждается в научно обоснованном понимании самого механизма закрепления интересов, в том числе и публичных интересов в праве.
Current Issues of the State and Law. 2017;1(2):6-13
6-13
THE ACTIVITIES OF THE SPECIALIZED PERIODIC PUBLICATIONS AND DEVELOPMENT OF CONSTITUTIONAL AND LEGAL THOUGHT IN THE RUSSIAN EMPIRE ON THE EXAMPLE OF WEEKLY LEGAL NEWSPAPER “PRAVO”
Abstract
The problems of development of constitutional legal thought in the Russian Empire in the context of civil society development and activities of the specialized legal publications are considered. The focus is made on a weekly legal newspaper “Pravo”, which was one of the most respected and successful legal publications of pre-revolutionary Russia that united a group of well-known Russian academics and legal practitioners. The newspaper “Pravo” was published until December 1917, when due to the development of the revolutionary events it was closed. The newspaper contributed to the promotion of legal knowledge and the rise of legal culture of society. It was able to implement this activity at a higher level than other print media. That was possible because of the nature of “Pravo” as a periodic entity whose roots lay in the depths of an emerging “civil society” with all its “newborn” advantages and disadvantages.
Current Issues of the State and Law. 2017;1(2):14-23
14-23
ON THE ISSUE OF SEXUAL ABUSE CLASSIFICATION PROBLEMS (Article 135 of Criminal Code of the Russian Federation)
Abstract
The relevant problems of crimes in connection with such category as sexual abuse are considered. The attention is paid to the protection of sexual inviolability of minors preventing access to explicit materials. It is highlighted that at the moment Russian criminal legislation responds to the objective necessity of protection of sexual inviolability of minors taking into consideration violent “burst” of information technologies and also availability of related resources for their perception. It is highlighted that the feature of sexual abuse is wide spectre of negative social consequences as agress the sexual immunity (basic immediate object), sexual abuse breaks normal physial and moral development of the minor and also public morality (additional immediate object). The discussive aspects of the limits of criminilization of attacks on sexual inviolability of minors, the decision of the Plenum of Supreme Court of the Russian Federation is considered, containing the explanation of the notion “sexual abuse”, and also the attention is paid to significant elements of crime, foreseen by articles 134 and 135 of the Criminal Code of the Russian Federation. The proposals on improvement of the criminal-legal norms taking into consideration the proposed statements are made.
Current Issues of the State and Law. 2017;1(2):24-30
24-30
OFFENCES IN THE BANKING SECTOR AND ISSUES OF IMPROVEMENT OF ORGANIZATIONAL AND LEGAL REGULATION
Abstract
The social relations in the banking sector, regulation and the specifics of the offenses are analyzed. Public relations arising in the banking sector, distinguished by the diversity of financial activities, the specifics of the offenses shortcomings of legal regulation and legal actions. Among the common banking crimes fraud in lending, corruption and the laundering of money or other property obtained by criminal means stand on the first place. Among the measures of organizational and legal nature that aimed at preventing offences in the banking sector internal control in credit organizations and banking groups stands first. The legal basis of this effort is the Bank of Russia Regulation dated 16 December 2003 № 242-P (as amended on April 24, 2014 № 3241-U) “On organization of internal control in credit organizations and banking groups”.
Current Issues of the State and Law. 2017;1(2):31-39
31-39
FRAUD IN THE FIELD OF ENTREPRENEURIAL ACTIVITY: NEW EDITION, OLD PROBLEMS?
Abstract
The norms of Criminal Code on fraud, undergone changes in connection with the adoption of the Federal law of July 3, 2016 no. 323-FZ “On amendments to the Criminal Code of the Russian Federation and the Criminal Procedural Code of the Russian Federation on improving of the grounds and order of exemption from criminal responsibility”, are analyzed. During the process of reviewing updated standards on fraud in the sphere of entrepreneurial activities it is concluded that to strengthen the measure of responsibility in case of theft of another’s property or acquiring rights thereto by deception or abuse of trust we shall deed such qualifying circumstances, which are traditionally considered in the rules on infringement of property: significance of damage, group action, use of official position, and the amount of the stolen.
Current Issues of the State and Law. 2017;1(2):40-50
40-50
OFFICIAL APOLOGIES OF THE PROSECUTOR FOR REHABILITATED AS A TYPE OF COMPENSATION OF MORAL HARM: PROBLEM ASPECTS
Abstract
Some of the problematic issues of compensation of moral harm in intangible form - in the form of an official apology of the prosecutor on behalf of the state for the damage caused are examined. The conclusion is made that the legislator is consolidating the state obligation to take responsibility for the harm caused to a person through the unlawful or unwarranted actions by state bodies, including the bodies of preliminary investigation, inquiry, prosecution and the court. Thus, to claim recovery of violated rights and compensation of caused damage - the inalienable and natural right of the citizen, recognized in the prescribed manner as the innocent man, and the duty of the state is to fully ensure the implementation of this law. Also the concept and purpose of the rehabilitation institute are revealed, but from the practice of its implementation it is concluded that the rehabilitated person is a victim of illegal actions of law enforcement and his life crippled or even broken.
Current Issues of the State and Law. 2017;1(2):51-59
51-59
THE DEVELOPMENT OF CRIMINAL LEGISLATION ON RESPONSIBILITY FOR CRIMES IN THE AREA OF TRANSPORT SECURITY IN THE PRE-REVOLUTIONARY AND SOVIET PERIODS
Abstract
The questions of formation and development of the criminal legislation on responsibility for crimes in the field of transportation security in pre-revolutionary and Soviet periods are considered. Reasons behind the changes in criminal law in the field, their impact on the design of modern criminal offences in the field of transport security are analyzed. It is found that in the pre-revolutionary period clearance of crimes is related to a violation of traffic safety and vehicle operation, which, however, were of a casuistic fragmented nature, an important prerequisite for the development and improvement of the institute of transport security. The compositions of these crimes were predominantly formal and established liability, including violations that endanger that emphasized increased public significance of security relations in the study area. The relevance of criminalizing acts in the field of transport safety for the endangerment is not lost to this day.
Current Issues of the State and Law. 2017;1(2):60-73
60-73
THE VARIABILITY OF THE ENFORCEABILITY OF JUDGMENTS
Abstract
The characteristics of the grounds of the court decision with immediate execution are studied as exceptions to the general rule defined by the entry into force. Current legislation in the decision in summary procedure and other decisions of the courts of general jurisdiction are examined. The variability of enforceability of court decisions is predicated on two grounds: a direct indication of the law (mandatory) and the will of the interested party (optional), due to, firstly, the specifics of the material-right dispute, and, secondly, simplified (documentary) the order of the proceedings. The necessity of partial unification of the mechanism of execution of judgments of arbitration courts and courts of general jurisdiction prior to their entry into force as well as the necessity of differentiation of the procedural form of the Code of Administrative Procedure and Commercial Procedure code is justified.
Current Issues of the State and Law. 2017;1(2):74-85
74-85
THE ACTIVE ROLE OF THE COURT AS A GUARANTEE OF PRINCIPLE OF JUSTICE IN ADMINISTRATIVE PROCEEDING
Abstract
Provision of the Administrative Court Procedure Code of the Russian Federation, foreseeing the duty of the court to be active at consideration and dispatch of business that guarantees the realization of the justice principle is studied. To analyze the influence of the court activity on the supporting of fair treatment and adjudgement, the evidence institute is chosen. It has universal procedural character in issue. The competitiveness principle in administrative proceedings is studied in detail and its correlation with the principle of justice. It is noted that while putting justice as a principle of administrative legal proceedings, the legislator obliges the court to follow not only the laws, but also moral and ethic requirements. It is concluded, that the final aim of proceedings is establishment of the truth, otherwise the results of proceeding will be of probable nature. At the same time it should be taken into account that the participants of cognitive activity (sides) have direct opposite interests, as they are not aimed at investigation of the truth but in all kinds of ways resist this pursuing their own benefit. Thus, the further study of the justice principle will allow to give more objective characteristics of moral and ethic origins, compiling in the administrative proceedings.
Current Issues of the State and Law. 2017;1(2):86-97
86-97
FEATURES OF official malfeasance INVESTIGATION
Abstract
The peculiarities of official malfeasance investigation are considered. The object of the research is scientific and educational literature, materials of investigation and judicial practice. The subject of the research is theoretical concepts of legal scholars on this topic. The following results of the research are obtained: 1) problematic aspects in official malfeasance investigation are revealed, investigative actions, necessary for official malfeasance investigation, are considered; 2) application features of investigative actions in malfeasance investigation are analysed. Not only features of investigation of official crimes are noted, but also the issue of arbitrariness of the officials is considered and their impact on public administration and submitted decisions on various issues are studied as well.
Current Issues of the State and Law. 2017;1(2):98-106
98-106
LEGAL RESPONSIBILITY FOR SOCIALLY DANGEROUS AUDIO INFORMATION AND PSYCHOLOGICAL INFLUENCES
Abstract
The legal regulation of the influence of auditory information during public events to ensure public order and security is discussed. Analysis of the regulatory framework is made. Proposals on the improvement of legislation in the regulation of auditory information and psychological influences are presented. It is pointed out that the Federal Law “On Assemblies, Rallies, Processions and Picketing” should be supplemented. It is justified to establish administrative legal responsibility for illegal audio effects in the context of the procedure for holding meetings, rallies, demonstrations, processions and picketing before cases of the commission of actions (inaction) that caused harm to human health or property if these actions (inaction) do not contain criminal punishment. The issues of introduction of part 3.1 of article 20.2 of the Code of the Russian Federation of Administrative Offenses providing responsibility for violating the conditions determining intensity, direction and maintenance of audio and musical accompaniment directly during assemblies, rallies, demonstrations, processions or picketing is identified.
Current Issues of the State and Law. 2017;1(2):107-114
107-114
THE STRATEGY of ECONOMIC SECURITY UNTIL 2030: THEORETICAL-LEGAL ANALYSIS
Abstract
The category of “economic security” revealing its legal nature and content is studied. The analysis is built through a consideration of economic security as an object of legal regulation, its link with security and protection of the rights and legitimate interests of the state, society and the individual in the economic sphere from internal and external threats and hazards, ensuring a stable and favourable development of the economy. At the same time the characteristic of the main normative legal acts affecting the legal policy of ensuring economic security is given. Critical analysis of strategic documents of the Russian Federation in the sphere of national and economic security from the point of view of consistency and completeness of legal action is made. Based on the analysis of policy documents the following areas of legal support of economic security are identified: improving access to justice and procedural framework for the protection of the rights and legitimate interests of the state, society and the individual in the economic sphere, the development of conditions for entrepreneurial activities, improvement of normative-legal regulation in the sphere of protection of competition, implementation of new approaches in the implementation of state control (supervision), the stability of the tax and legal systems aimed at protection of the state, society and individual in the sphere of private law regulation. In conclusion, it is proposed to develop a legislative work plan and to monitor the enforcement on the basis of correlation of the provisions of the National Security Strategy of the Russian Federation and Strategy of Economic Security of the Russian Federation for the period until 2030 in terms of specificity and detail of measures on legal economic security.
Current Issues of the State and Law. 2017;1(2):115-124
115-124
LOBBYING AS AN INSTRUMENT OF SOCIAL INTERESTS COORDINATION: ON THE ISSUE OF PROSPECT OF LEGAL REGULATION
Abstract
The influence of social interest on law, particularly on law-making is considered. Such phenomenon as lobbying is in the centre of attention. It presents the process of influence of interested parties on the institutes of social power with the aim of bringing the needs at regulatory level. Statement of the question of correlation of the interest and law not only from the point of view of jurisprudence, but taking into consideration political, economic, historic, philosophic and other aspects precedes the analysis of lobbying. Lobbying is indispensable attribute of society, in which different interests develop, bearing one or another way of thinking, social or economic and political-legal component, allowing to take its place in public system of relations. As an example of the conflict of social interests the characteristics of ecologic and economic interests in the context of their balance are presented in the positions of the Concept of stable development.
Current Issues of the State and Law. 2017;1(2):125-135
125-135
REVIEW OF “INSTITUTIONAL, TECHNOLOGICAL AND LEGAL BASES OF STABLE DEVELOPMENT” “ROUND TABLE” (October 13, 2017, Tambov)
Abstract
On October 13, 2017 the “Institutional, Technological and Legal Bases of Stable Development” “round table” was held in Tambov in the framework of the International Congress “GREENTECH”, it was attended by representatives of state authorities, educational institutions and civil society institutions. During the “round table” issues of stable development were discussed, suggestions on institutional, technological development and normative regulation were given.
Current Issues of the State and Law. 2017;1(2):136-141
136-141
REVIEW OF “STATE AND LEGAL POLICY OF MODERN RUSSIA IN THE SPHERE OF PUNISHMENT: ISSUES OF THEORY AND PRACTICE” SCIENTIFIC “ROUND TABLE” (October 25, 2017, Tambov)
Abstract
On October 25, 2017 the “State and Legal Policy of Modern Russia in the Sphere of Punishment: Issues of Theory and Practice” scientific “round table” was held in Tambov, in Tambov State University named after G.R. Derzhavin. During the “round table” current issues of legal policy in the sphere of punishment were discussed, the significance of the Contract on cooperation between the Saratov branch of the Institute of State and Law of the Russian Academy of Sciences and Tambov State University named after G.R. Derzhavin and the approval of the Provision of the Scientific-Educational center “State and Legal Policy of Modern Russia” was marked.
Current Issues of the State and Law. 2017;1(2):142-148
142-148