scholarly journals RELATIONSHIPS APROPOS IN-GAME INDUSTRY OBJECTS

2020 ◽  
pp. 37-46
Author(s):  
N.A. Pronina ◽  
A.V. Buyanov
Keyword(s):  
Information Technologies ◽  
Legal Regulation ◽  
Point Of View ◽  
Judicial Practice ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
Game Industry ◽  
The Russian Federation ◽  
Regulation By Law ◽  
Method Analysis

The article is devoted to consideration of in-game industry objects, their legal nature and relationshipswith them. At the present stage of information technologies development, various means of leisure areincreasingly popular, in particular online games. It is also important that from the category of children’sgames, such leisure has grown into the rank of serious hobbies, accompanied by significant financialinvestments, which determined the relevance of this work. The incorporation of commodity-money relationsinto in-game ones inevitably entails the need to interpret such relations from the legal point of view. In orderto substantiate the need for legal regulation of relations with respect to the objects of the in-game industryusing the dialectical method, analysis and synthesis, various relations emerging with respect to such objectsare considered, constructions, including those developed by foreign authors, are proposed, which makes itpossible to delimit the range of subject relations to regulation by law. Various positions of understanding thiskind of relations are identified and briefly presented, also the possibility of using one of them is substantiated.The judicial practice of the Russian Federation on this issue was criticized, and the unfairness of the approachused by the Russian courts was revealed. As a result of the study, the authors propose to consider the relationsabout in-game objects as licensed.

scholarly journals Electronic document flow as evidence in civil proceeding: evaluation features and application problems

2021 ◽  
Vol 109 ◽  
pp. 01039
Author(s):  
G.V. Stankevich ◽  
I.M. Vilgonenko ◽  
Y.N. Slepenok ◽  
O.M. Litvishko
Keyword(s):  
Information Technologies ◽  
Legal Regulation ◽  
Electronic Document ◽  
Electronic Evidence ◽  
Judicial Practice ◽  
Procedural Code ◽  
Civil Proceeding ◽  
The Russian Federation ◽  
Document Flow ◽  
Definition Of

Due to the development of information technologies, electronic document flow is actively becoming a part of modern life, and the activity of courts is not an exception. Electronic documents are increasingly considered by courts as evidence in civil cases. Judicial practice faces certain problems when evaluating such evidence due to the insufficiency of legal regulation of such kind of evidence. The article examines the theoretical and practical aspects of the existence of an electronic document as a type of written evidence, attempts to reveal the essence of an electronic document, define its features as compared to a traditional written document, and analyzes the approaches to the definition of the concept of ‘electronic document’, which have developed in Russian legal science. The analysis of the practice in the application of an electronic document as evidence with regard to relevance, admissibility and adequacy is carried out. Certain problems which judges have to face when using an electronic document as evidence have been identified. The authors’ understanding of an electronic document is submitted, the framework of problems and gaps under current civil procedure legislation is defined, and methods of solution are proposed. The need to define an independent type of evidence – electronic evidence is substantiated, with it further being enshrined in the Civil Procedural Code of the Russian Federation, as well as to formalize in legislation the concept of an ‘electronic information medium’.

scholarly journals Environmental justification of legal consequences of illegal actions in the Russian Federation

2021 ◽  
Vol 258 ◽  
pp. 05015
Author(s):  
Olga Ilyina ◽  
Anatoly Levushkin ◽  
Julia Dronova
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Point Of View ◽  
Public Interests ◽  
Legal Nature ◽  
Private And Public ◽  
Minor Children ◽  
The Russian Federation ◽  
Legal Consequences

The issue of alimony obligations enforcement is quite acute in our country. It is necessary to recognize that Russian legislation does not contain effective mechanisms for collecting funds from parents for the maintenance of minor children. The article reveals the legal nature of consequences of non-payment of funds for the maintenance of minor children by their parents from the point of view of ratio of private and public interests in the mechanism of legal regulation. The authors note the prerequisites and limits of shifting the balance of private and public interests in the study of grounds for applying criminal liability measures for non-payment of alimony.

Cancellation of Licenses and Other Special Permits in the Field of Business Activities as Administrative Enforcement Measures: the Essence, Grounds and Problems of Application

2021 ◽  
pp. 20-34
Author(s):  
Ivshina G. G. ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Business Activity ◽  
Legal Entity ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Federal Laws ◽  
Commercial Organizations ◽  
Legal Measure

The article deals with topical issues of understanding the essence, grounds and conditions for applying to legal entities-commercial organizations, and individual entrepreneurs such measures of administrative and legal influence as the cancellation of licenses or other special permits granted to them to carry out certain types of business activities or to perform certain actions in the field of entrepreneurship. In administrative law science, there are different approaches to determining the substance of the administrative legal measure under consideration and the purposes of its application. Cancellation of licenses and other special permits is qualified in the literature as a measure of administrative warning, as an administrative and preventive measure, as a preventive and restorative measure, and even as a measure of administrative responsibility. The rules governing the granting and cancellation of licenses and other special permits are not systematized, they are contained in a variety of Federal laws and laws of the subjects of the Russian Federation that establish various grounds for termination of the relevant licenses and permits, including those that are not related to the Commission of any offenses. In this regard, there is a need to conduct a study of the legal nature, grounds and purposes for revoking licenses and other special permits granted to business entities. The purpose of the research is to identify problems of theoretical understanding, regulatory regulation and practical application by Executive authorities, local government bodies and courts of this administrative and legal measure and develop possible approaches to their solution, including by making the necessary changes and additions to the current licensing and permitting legislation. Based on this goal, the research aims to study the relevant Federal laws, scientific and educational literature, analysis and synthesis of materials of judicial practice in cases of revocation of licenses and other special permits issued to commercial organizations and individual entrepreneurs. During the preparation of the work, methods of formal legal analysis and synthesis of normative material and judicial practice were used. As a result of the research the author formulated the following main conclusions: 1) depending on the legally established grounds and purposes for applying the cancellation (termination) of a license or other special permit issued to a legal entity or individual entrepreneur, this measure may be referred to as administrative measures or administrative-legal confirmation of the loss by the license holder of the special right granted to him in the field of business; 2) cancellation of a license or other special permission in the sphere of business activity as a measure of administrative restraint is an authoritative influence of a competent administrative and public body or arbitration court on a legal entity or individual entrepreneur who has been granted a license or other special permission to carry out certain types of business activity or to perform certain actions in the field of business, consisting in making a decision on cancellation (cancellation, invalidation) of the specified licenses or permits in connection with violations committed by their holders of mandatory, including license, requirements aimed at forcibly terminating the relevant illegal activities or actions; 3) a license or other special permit may be revoked (revoked, invalidated) only if the following conditions are met: 1) the holder of a license or other special permit has committed gross (significant) violations of mandatory (license) requirements; 2) prior to the decision to revoke (revoke, invalidate) a license or other special permit, the following administrative enforcement measures were consistently applied to their holder: issuing an order to stop the violations committed and eliminate their harmful consequences; suspending the license (permit) in case of non-fulfillment of the issued order with the issuance of a second order that was not executed within the established period; 4) in order to ensure uniform legal regulation of the granting and termination (cancellation) of licenses and other special permits for certain types of business activities or for performing certain actions in the field of entrepreneurship, it is necessary to prepare and adopt the Federal law «On the basis of licensing and permitting activities in the Russian Federation», which, among other things, must exhaustively define the cases, grounds and procedure for canceling these licenses and permits. Тhe procedure for consideration by arbitration courts of cases on revocation of licenses and other special permits should be set out in a separate Chapter of the Arbitration procedure code of the Russian Federation.

Problems of establishment and development of the Institution of personal data protection in the Russian Federation: historical-legal aspect

2020 ◽  
pp. 28-35
Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich
Keyword(s):  
Russian Federation ◽  
Data Protection ◽  
Information Technologies ◽  
Legal Aspect ◽  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Russian Society ◽  
Personal Data Protection ◽  
The Russian Federation

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

On the Problems of Acts Qualification as Violations of Antimonopoly Legislation in Administrative and Judicial Practice

2020 ◽  
Vol 10 ◽  
pp. 62-69
Author(s):  
К. А. Pisenkо ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Judicial Practice ◽  
Illegal Acts ◽  
The Russian Federation ◽  
Definition Of

The article is devoted to defining the main approaches to classifying acts as violations of аntimonopoly legislation. On administrative and judicial practice discusses current issues and problems of definition of illegal acts, both from the point of view of antimonopoly regulation, and the delineation of antimonopoly violations and violations of other mandatory requirements established by the legislation of the Russian Federation.

scholarly journals Stationary Traffic as a Factor of Tourist Destination Quality and Sustainability

2021 ◽  
Vol 13 (7) ◽  
pp. 3965
Author(s):  
Robert Maršanic ◽  
Edna Mrnjavac ◽  
Drago Pupavac ◽  
Ljudevit Krpan
Keyword(s):  
Synthesis Method ◽  
Hotel Industry ◽  
Point Of View ◽  
Tourist Destination ◽  
Scientific Methods ◽  
Tourist Destinations ◽  
Analysis And Synthesis ◽  
The Republic ◽  
Method Analysis

Since the Republic of Croatia is one of the most popular European and world tourist destinations, the aim of this paper is, from the user’s (n = 596) point of view, to research the importance of stationary traffic in tourist destinations. The purpose of this paper is to point out the possibilities of improving the tourist destination quality and sustainability through an adequate parking service. In order to corroborate constructed scientific hypotheses, a larger number of scientific methods were used from which a polling method, analysis and synthesis method, descriptive statistics method, t-test, and analysis of variance (ANOVA) should be singled out. The major finding of this paper indicates a relatively big importance of stationary traffic (M = 6.51; SD = 2.21) as an element of tourist destination quality. Moreover, regarding the quality of tourist destination, the results of this paper suggest that the parking space availability is more important than the way parking or parking payment are organized. Between the experienced parking problem in a tourist destination and age on one side and evaluation of the importance of stationary traffic as an element of tourist destination quality on the other side, a statistically important connection was established. Gained knowledge can be particularly helpful to hotel industry managers but also to traffic managers whose duty is to provide an adequate number of parking spaces in tourist destinations.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

scholarly journals The use of digital communication technologies in the context of a pandemic as a way to improve the effectiveness of justice

2021 ◽  
Vol 7 (1) ◽  
pp. 95-101
Author(s):  
E. V. Smakhtin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Information Technologies ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Federal Constitutional ◽  
The Russian Federation

The article deals with the peculiarities of the activity of courts in making judicial decisions in the context of a pandemic. First of all, we are talking about the wider use of digital and information technologies in criminal proceedings, which have previously been repeatedly recommended by forensic science for implementation in judicial practice. Some recommendations of criminalistics are currently accepted by the Presidium of the Supreme Court of the Russian Federation in its Decision dated April 08, 2020 № 821 and Review on certain issues of judicial practice related to the application of legislation and measures to counteract the spread of a new coronavirus infection (COVID-19) in the territory of the Russian Federation № 2, which provided appropriate explanations for their use in practice. In particular, we are talking about the possibility of using video conferencing systems for certain categories of criminal cases and materials that are considered urgent, although this is not provided for in criminal procedure legislation. It is concluded that it is necessary to change the current criminal procedure legislation, bring it into line with the Constitution of the Russian Federation, federal constitutional laws, federal laws and subordinate regulatory legal acts, including orders of the Judicial Department under the Supreme Court of the Russian Federation.

scholarly journals Coordinating activity of independent legal entities: issues of law enforcement in conditions of economy digitalization

2019 ◽  
pp. 60-67
Author(s):  
Yu. Yu. Borisova ◽  
I. V. Akimova
Keyword(s):  
Law Enforcement ◽  
Economic Activity ◽  
Legal Regulation ◽  
Point Of View ◽  
Operating Conditions ◽  
Negative Effects ◽  
Judicial Practice ◽  
Stage Of Development ◽  
Legislative Changes ◽  
The Coordinator

In article authors investigate questions of the operating legal regulation of coordination of economic activity of independent economic entities, including questions of its legisla- tive definition and signs. Article contains the detailed analysis of the most interesting examples of judicial practice and practice of antimonopoly authorities on the matter. Authors, analyzing the current legal regulation, also give an assessment to the planned changes in the legislation in this part and state the point of view about dependence of legal assessment of actions of the coordinator and the economic entities coordinated by it on operating conditions of commodity markets on which it is carried out. As a result of a research authors drew a conclusion on need of legislative changes in a part of admis- sibility of the forbidden coordination provided that the advantage for consumers of such coordination exceeds negative effects for the competition.A significant amount of works of the modern scientists and experts investigating a per- spective of institutes of the antitrust law is devoted to questions of legal qualification of coordination of economic activity of independent economic entities in legal scientific literature.The matter was also raised in publications and authors of the "Rossiyskoye Konkurent- noye Pravo I Ekonomika" magazine, at the same time, it should be noted that to consid- eration of questions of coordination of activity smaller attention is paid, than, for ex- ample, to questions of cartels.Thus, degree of scientific readiness of the matter in general is rather high, at the same time to authors the relevance of this subject and need of the analysis and assessment of the operating regulation taking into account economic features of the present stage of development of the markets seems to be of high interest.

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