scholarly journals The Origins of Limitation Period in the Old Russian Criminal Law

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 126-136
Author(s):  
V. A. Nikulina
Keyword(s):  
Deviant Behavior ◽  
German Law ◽  
The State ◽  
Criminal Prosecution ◽  
Old Russian ◽  
State Apparatus ◽  
Legal Nature ◽  
Russian Law ◽  
Limitation Periods ◽  
Further Development

The prototype of the modern institution of limitation periods for criminal prosecution appears in old Russian law. The crime under it is of a private legal nature (offense), and the main punishment is revenge on the offender. The nascent state power requires limiting revenge, which is destructive in nature, although it continues to act as a natural reaction to deviant behavior. One of these restrictions is the establishment of a certain period during which it was allowed to take revenge with impunity. In different legal systems, this period is designated differently. In old Russian law, which was influenced by Byzantine legal practice, there was a demand for the legality of revenge only in case of immediate implementation, which brings it closer to the institution of necessary defense. This also shows the beginnings of the modern institution of limitation periods, since revenge at that time satisfied the goals of punishment. The analysis of the norms of Russkaya Pravda [Russian Justice] in comparison with the norms of ancient German law is a confirmation of this. In addition, the establishment of limitation periods in old Russian law in some cases had procedural prerequisites, which are also characteristic of the modern institution of limitation periods. Nevertheless, long-standing oblivion did not receive its further development in old Russian law. The most popular institution was monetary compensation, which not only effectively replaced revenge, but also provided an economic platform for the emerging state apparatus. In such circumstances, it was economically unprofitable to limit the payment of ransom as the main type of punishment for that period of time, and first of all directly to the state in the person of the princely power. Thus, in its historical development, the institution of limitation periods for criminal prosecution at the stage of old Russian law acquires its identity and significance only when comparing and disclosing those tasks that were solved by the state in this particular period of time by applying punishment.

scholarly journals Terms of Forced Return and Expulsion of Foreigners and Stateless Persons by Bodies of the Border Guard Service in a Pandemic

2020 ◽  
pp. 66-77
Author(s):  
Nadia DEMCHYK ◽  
Ruslan HRYNKO
Keyword(s):  
The State ◽  
Immigration Detention ◽  
Temporal Regulation ◽  
Occupied Territory ◽  
Legal Nature ◽  
Administrative Punishment ◽  
Coronavirus Infection ◽  
Russian Law ◽  
Forced Return ◽  
Administrative Proceedings

The article examines the doctrinal approaches to determining the legal nature of the terms of forced return and expulsion of foreigners and stateless persons by bodies of the border guard service. The analysis of domestic and foreign scientific views on time measurement in administrative proceedings has been carried out. The rules of the American and European system of termination of illegal stay of third-country nationals in connection with immigration detention, which is distinguished by its purpose and duration. The place of administrative deportation in the system of migration measures under Russian law is explained by the fact that it is an administrative punishment of foreign citizens and stateless persons who are subject to detention and are kept in specially designated premises. The peculiarities of temporal regulation and its significance in the application of coercive measures aimed at the return of a migrant in the context of the global spread of coronavirus infection are clarified. The allocation of material and procedural terms within the framework of which the state border guards exercise the powers of forced return and expulsion from the territory of Ukraine is reasoned. The focus on achieving the migration result reflects the material content of the terms allotted for departure and / or ensuring the departure of an illegal migrant from the country. The material expulsion terms are also associated with detention, which is applied according to the rules of administrative proceedings and is characterized by a significant duration, especially in a pandemic. The appointment of procedural terms is justified on the basis of the current norms of administrative-procedural legislation and is associated with the performance of the procedural actions necessary to be applied to the court and the phasing of administrative-jurisdictional proceedings. During the quarantine it is allowed to review the procedural terms in contrast to the material ones. Among the prospects of elaboration of the chosen topic, a comprehensive study of the normative regulation of time characteristics of immigration detention in accordance with the new administrative legislation and the return of foreigners (stateless persons) detected during their crossing the state border and entering the temporarily occupied territory of Ukraine is proposed.

scholarly journals Sanctions as a legal phenomenon in the law of Ukraine and international standards of their application

2021 ◽  
pp. 73-86
Author(s):  
Nataliia Iakymchuk
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Nature ◽  
The Law ◽  
Restrictive Measures ◽  
Legal Entities

The article examines the theoretical and practical issues of application of the Law of Ukraine «On Sanctions» of August 14, 2014 and analyzes the existing views on the legal nature of such «legal phenomenon» as sanctions - special economic, financial and other restrictive measures (sanctions) provided by this Law. The article specifies the main issues facing the researchers of the Institute of Sanctions. The purpose of the article is coverage of the state of legal regulation and legal nature of such a phenomenon as sanctions (economic, financial) in the right to Ukraine. In order to achieve this goal, the author used a set of general and special methods that are characteristic of legal science. The article covers the issue of Ukraine's sovereign right to protection, in particular through the application of economic and other restrictive measures (sanctions) «to protect national interests, national security, sovereignty and territorial integrity of Ukraine, counter terrorist activity, as well as prevention of violations, restoration of violated rights and freedoms and legitimate interests of citizens of Ukraine, society and the state». The range of subjects against which sanctions can be applied has been studied, namely: a) foreign states; b) foreign legal entities; c) legal entities under the control of a foreign legal entity or a non-resident individual, foreigners, stateless persons; d) entities engaged in terrorist activities. Sanctions are defined as legal measures to respond immediately to violations of various rights, from encroachment on state sovereignty to the commission of a crime of an international nature, which are temporary, which are applied primarily through coercive measures, which are implemented using constitutional, financial, administrative, economic, criminal procedural, executive, economic procedural and other branches of law. The issues of the grounds for application of sanctions, their types and criteria for their delimitation, the term of application of sanctions, as well as the range of authorized entities in the field of their application are covered. The main approaches of scholars to the characterization of sanctions as measures of influence are investigated. It is noted that sanctions are measures of influence different from measures of legal responsibility, which may have a "non-criminal" nature. It is stated that sanctions are measures of influence that are applied, albeit in parallel, but in a systematic connection with the criminal prosecution imposed by the state or executed by it as a subject of international cooperation in the fight against crime. Their application is, firstly, due to the decision at the international or regional level on the application of international economic (financial) sanctions, personal sanctions in the course of criminal prosecution for acts of an international crime. However, Ukraine is obliged to adhere to international standards of the legal mechanism for the application of sanctions at the domestic level, to improve the procedural principles of their application, appeal procedures and amendments to the decision. We consider the participation of the Commissioner for Human Rights in the process of reviewing the decision on the application of sanctions and appealing the decisions necessary. Amendments to the Law of Ukraine "On Sanctions" are proposed in order to establish among the necessary grounds for the application of sanctions to individuals the opening of criminal proceedings against them, and for legal entities - the opening of criminal proceedings against related persons, as well as amendments to the Criminal Procedure Code of Ukraine, as it does not contain provisions on such preliminary measures (securing and stopping) as "sanctions". In addition, in general, the sanctions procedure requires greater transparency, and it is concluded that sanctions can be applied to Ukrainian citizens only if they are suspected of involvement in terrorist activities.

Buddhism in the history of China in Southern and Northern kingdoms

2020 ◽  
Vol 2020 (10-4) ◽  
pp. 216-225
Author(s):  
Leonid Yangutov ◽  
Marina Orbodoeva
Keyword(s):  
The State ◽  
The South ◽  
The North ◽  
State Apparatus ◽  
History Of ◽  
Eastern Jin ◽  
Relationship Of ◽  
The Relationship ◽  
Further Development ◽  
North And South

The article is devoted to the history of Buddhism in China during the period of the Southern and Northern Kingdoms (Nanbeichao, 386-589). The features of the development of Buddhism in the North and South are shown. Three aspects were identified: 1) the attitude of emperors of kingdoms to Buddhism; 2) the relationship of the state apparatus and the Buddhist sangha; 3) the process of further development of Buddhism in China in the context of its adaptation to the Chinese mentality, formed on the basis of the traditional worldview. It was revealed that Buddhism in the context of its adaptation to the Chinese mentality, both in the North and in the South, developed with the traditions of Buddhism of the Eastern Jin period to the same extent.

scholarly journals Interaction between business and government as a threat to the economic security of the state

2018 ◽  
Vol 170 ◽  
pp. 01031 ◽  
Author(s):  
Marina Vlasova ◽  
Olga Stepchenkova ◽  
Irina Lobanova ◽  
Anastasiia Smirnova
Keyword(s):  
Russian Federation ◽  
Economic Security ◽  
The State ◽  
Point Of View ◽  
State Apparatus ◽  
The Russian Federation ◽  
Further Development

The article considers the costs of interaction between the state and business as a threat to the development of the economy of the Russian Federation from the point of view of economic security ensuring. The authors identified significant obstacles both from the business side and from the state apparatus, which pose a threat to economic security. The study is of interest for the further development of the system for the economic security ensuring of the Russian Federation.

scholarly journals Perspectives in Applying the Doctrine of “Piercing the Corporate Veil” in Cases of Subsidiary Liability of Persons Controlling the Debtor in the Russian Federation: A Comparative Legal Approach

2021 ◽  
pp. 224-231
Author(s):  
Ksenya S. Kondrateva ◽  
◽  
Ilya A. Sterlyagov ◽  
Keyword(s):  
German Law ◽  
Law Enforcement Officers ◽  
Destructive Interference ◽  
Judicial Practice ◽  
Current Trends ◽  
Multi Stage ◽  
Legal Nature ◽  
Piercing The Corporate Veil ◽  
Russian Law ◽  
Domestic Law

The article discusses the issue of the formation of the doctrine of “piercing the corporate veil” in various legal systems in order to determine the possibility of its application when bringing persons controlling the debtor to subsidiary liability in case of insolvency (bankruptcy) in Russia. In the study, general and specific methods of cognition were used: retrospective, historical, logical, and comparative legal. Methods of logical analysis and dialectics were applied, which together with the seeming contradictions of a significant number of scholarly views allow concluding about their unity and constructiveness. It has been established that, in order to use the “piercing” doctrine as a procedural tool to ignore the property isolation of a legal entity, the courts conduct multi-stage tests to justify the need for such use and prove the exclusivity of the case in question. The importance of the legislative introduction of the concept “person controlling the debtor” is noted in connection with the use of corporate structures and forms of informal control, as well as clear criteria for control and circumstances that presume harm to creditors. Based on the analysis of judicial practice, conclusions were drawn about the main ways of abuse of rights when using corporate governance. The question of the possibility of including the claims of participants (shareholders), company managers and interested parties in the register of claims of the debtor’s creditors is problematic in judicial practice. It is concluded that, due to being in the same legal family, the approach of German law enforcement officers to piercing the corporate veil, better known as responsibility for “destructive interference” in the affairs of society, and to recovering damage caused to creditors under the current legislation is close to Russian law. In this connection, the practice of applying the doctrine in Germany can be regarded as a useful experience for Russian law. Taking into account the precedent legal nature of the doctrine of “piercing the corporate veil”, the authors come to the conclusion that it is impossible to borrow it by domestic law. At the same time, Russian law, the main source of which is normative legal acts, if necessary, selects current trends in ways of solving problems that meet the needs of society and the legal community.

Pengembangan Karir dan Iklim Organisasi terhadap Komitmen Karyawan (Studi Kasus pada Bank Daerah Syariah)

2020 ◽  
Vol 3 (2) ◽  
pp. 120-128
Author(s):  
Fotuho Waruwu ◽  
Dematria Pringgabayu
Keyword(s):  
Career Development ◽  
Human Resources ◽  
Organizational Climate ◽  
Employee Commitment ◽  
The State ◽  
Development System ◽  
Work System ◽  
State Apparatus

Human Resources (HR) is a very important part in PT Bank Daerah Syariah, so that it is expected that there is an ideal and sufficient working period to optimize employee careers and increase employee commitment to the company, considering the products produced by the company are products used to facilitate the state apparatus work system and service to the wider community.This study aims to determine the effect of variable Career Development and Organizational Climate on the commitment of Employees in PT Bank Daerah Syariah. The method used in this study is a research mix method, which is a step of research by combining two forms of approach in research that is quantitative and qualitative. The population in this study were all employees in the Bank Daerah Syariah (BDS) as many as 53 employeesThe results showed that the career development variable (X1) and also the Organizational Climate (X2) had a positive and significant effect on the variable Employee Commitment (Y). The conclusion of the research shows that to increase the commitment of employees in PT Bank Daerah Syariah, the company needs to improve the existing career development system and maintain the organizational climate so that it remains conducive for all employees. 

ON CONSTRUCT OF THE RIGHT OF PRE-EMPTION IN RESPECT OF PARTICIPATORY INTEREST (SHARES)

2020 ◽  
Vol 20 (4) ◽  
pp. 94-219
Author(s):  
I.S. CHUPRUNOV
Keyword(s):  
General Rule ◽  
Constitutive Theory ◽  
Freedom Of Contract ◽  
Legal Nature ◽  
Public Corporation ◽  
Russian Law ◽  
Right Of First Refusal ◽  
The Right

The paper provides analysis of the legal nature and the mechanism for exercise of the right of pre-emption (right of first refusal) in respect of execution of a contract taking as an example of right of first refusal to purchase a stake in a non-public corporation, and also examines the boundaries of parties’ autonomy and freedom of contract in this area. The author comes to the conclusion that the key elements of the construction of the right of pre-emption are the transformation powers that belong to the right holder. The author also demonstrates that, notwithstanding their dominance in Russian law, the views, which suggest that exercise of the right of pre-emption leads to “transfer of rights and obligations of a purchaser” (the translative theory), should be rejected. These views must be replaced with the constitutive theory, according to which exercise of the right of pre-emption results in a new contract between the right holder and the seller (as a general rule, on the same terms that were agreed between the seller and the purchaser).

GENESIS OF LEGAL RESPONSIBILITY OF JUDGES IN UKRAINE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
The State ◽  
Judicial System ◽  
Court Decision ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Literature ◽  
Modern Methods ◽  
The Status ◽  
Moral Damage

The article examines the features of the formation (genesis) of legal responsibility of judges in Ukraine (from Kievan Rus to the present day). It has been proven that at present there are many problems regarding the criminal (legal) responsibility of judges. It was found that judges are insufficiently protected from manifestations of criminal prosecution, which, in turn, affects the increase in loyalty to the prosecution, in contrast to the defense in the criminal process. It has been established that today there are no perfect mechanisms for appealing the inaction of judges in court. It was determined that bringing judges to disciplinary responsibility in the High Council of Justice does not fully comply with the requirements of the European Charter on the Status of Judges. Based on the results of the legal analysis of the activities of the institutions of judicial responsibility, it was found that modern methods of bringing judges to justice in Ukraine are imperfect, often contradictory, and in some cases allow judges to avoid responsibility. It has been established that the issue of civil liability of judges for carrying out wrong actions against citizens today requires an urgent solution, since the legal literature does not fully disclose the provisions that govern the conditions, grounds and procedure for holding judges accountable for resolving unfair sentences and implementing illegal actions that entail material and/or moral damage to citizens. It has been determined that for harm caused as a result of an unjust court decision made by a judge, as well as due to the judge's inaction, property liability is imposed on the state, since the judge conducting the proceedings acts on behalf of the state, that is, Ukraine. It was found that today a judge can be brought to disciplinary responsibility in cases determined in accordance with the Law of Ukraine «On the Judicial System and the Status of Judges».

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