THE SUBJECTIVE ASPECT OF TRANSPORT OFFENSES IN THE RUSSIAN LEGISLATION OF THE XVI–XIX CENTURIES

Author(s):  
A. N. Skvoznikov ◽  

The constant need of researchers for the advanced study of the problems of guilt and responsibility is caused both by the tasks of improving legislation and law enforcement practice and the variability of people’s ideas about the grounds, limits, forms, and purposes of personal responsibility, and ideas reflecting the actual process of the historical development of social relations and the practice of their legal regulation. Using the methods of historical-legal and comparative-legal analysis, the author studied the activity of the legislator on distinguishing the intent and negligence as two forms of guilt when committing transport offenses, as well as differentiating between guilty infliction of harm and an incident. The author concluded that in the sources of Russian law of the 16th–19th centuries, the legislator strongly focuses on the internal (subjective) attitude of a person to a committed offense and its consequences, including transport offenses. The discovery and consideration of such signs of the subjective aspect of an act as guilt, motive, and purpose significantly influenced the act classification and the punishment appointment or led to release from liability due to the absence of the subjective aspect of an offense (guilt) as one of the elements of a crime. The study shows how the legislator considered the influence of a person’s subjective attitude to the committed act when establishing legal responsibility. The research indicates that a comprehensive understanding of guilt as an integral characteristic of a wrongful act, covering the relations between consciousness and will of a person both with the objective properties of own actions and its public assessment, began to develop in Russian law in the 17th century.

2018 ◽  
Vol 55 ◽  
pp. 02011
Author(s):  
Natalia Embulaeva ◽  
Lyubov Ilnickaya

The relevance of the study of the problems of truth in law is conditioned by the essential nature of man and his purposeful activity, including the sphere of legal regulation of social relations. At the present stage, the issue of securing the principle of truth in the norms of Russian law is not unambiguously resolved. In this regard, it seems relevant to investigate the issues of the legalization of truth and the mechanisms for its achievement in the conditions of application of measures of legal responsibility. The paper is devoted to the study of philosophical foundations of truth in law, the analysis of practical significance of obtaining truth in the procedural branches of law on the basis of analysis of the norms of the procedural legislation of the Russian Federation. Formal-legal and comparative-legal methods are used for a comprehensive analysis of procedural legislation and the implementation of the principle of objective truth in the legislation. With the use of the dialectical method, epistemological grounds and their significance for the implementation of law enforcement activities are revealed. The article reflects the views of researchers on the content of truth and the realization of the principle of objective truth in law. The conclusion is made that it is necessary to interpret the principle of objective truth as universal one, which must permeate not only the sphere of law enforcement, but also the formation of laws. A proposal is formulated on the need to separate and normatively fix the principle of objective truth in the procedural branches of law as an independent principle. Law enforcement agencies should strive achieving objective truth in the cases in question.


Author(s):  
K. V. Trifonova

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.


Author(s):  
Vadim Igorevich Surgutskov ◽  
Ol'ga Sergeevna Goman

The research object is the social relations in the sphere of gun control. The research subject is the federal legislation, regional laws and departmental regulations formalizing the jurisdiction of the Ministry of Internal Affairs and the National Guard Troops Service to collect illegal guns from the population on a remuneration basis. The purpose of the research is, based on the analysis of laws and law enforcement practice, to develop suggestions and recommendations aimed at the improvement of organization of the collection of illegal arms from the population on a remuneration basis. The research methodology is based on general scientific and specific research methods, such as the axiomatic, hypothetico-deductive, comparative-legal, historical-legal, system-structural, formal-logical, statistical and sociological methods. The authors consider the problems and carry out the critical analysis of the current state of the Russian legislation regulating the actions of law-enforcement (police) bodies aimed at the collection of illegal arms from the population on a remuneration basis. The authors carry out the historical and comparative-legal analysis of such activities in Russia and abroad; analyze regional laws aimed at the harmonization of social relations in the sphere under consideration; formulate the suggestions about the improvement of legal regulation of the collection of illegal guns from the population on a remuneration basis. The scientific novelty of the research consists in the fact that it is one of the first works published in the recent years offering the solution to legal and organizational problems faced by the Ministry of Internal Affairs and the National Guard Troops Service during the collection of illegal arms, guns and other weapons from the population.   


2020 ◽  
Vol 11 (11) ◽  
pp. 251-257
Author(s):  
Khomenko O.

The article is devoted to the review of the problems of formation of the definitive apparatus of law, that is, systems of definitions of categories and concepts of jurisprudence, through which the latter acquire specific meaning within the framework of legal theory or practice. In other words, the definitive apparatus of law is a necessary tool or means of knowing and understanding the relevant legal concepts and categories, and ensuring their certainty. The process of forming legal definitions implies the need to use a variety of methodological techniques, search for relevant information, hypotheses, theories and more. The definitive apparatus of law evolves in connection with a change in both law itself and a number of factors that to some extent influence the process of formation of concepts and their definitions in the legal system. In this regard, the determinants of the formation of the definitive apparatus of law should be sought primarily in those phenomena and processes that directly affect one or another of the content of legal concepts and categories and which are linked, on the one hand, to their more or less static within specific temporal and spatial dimensions, and, on the other, to their substantive diversity, which can manifest even at the level of the most important legal concepts (for example, state, law, legal responsibility etc.). In particular, it should be noted that technological progress has contributed to the emergence of new concepts and definitions that have already become widely used in the system of legislation of modern democratic states (for example, electronic document, electronic digital signature, electronic ticket, electronic settlement document, etc.). Similarly, the development of other spheres and branches of public life, in particular, medicine, business relations, education, etc., necessitates the development of legal definitions of relevant concepts and their consolidation in the legislation in order to ensure more effective legal regulation of social relations. In addition, one cannot ignore the subjective aspect in formulating certain legal definitions, the basis of which is the originality of the outlook of every person, including every scientist. After all, the content of certain concepts and categories, expressed in their definitions, is differently perceived and defined by the relevant subjects, which is determined primarily by their individual characteristics, which include, in particular, personal beliefs, ideals, values, etc. In this regard, we can say that the formation of a definitive apparatus of law is determined simultaneously by a number of objective and subjective factors that determine its specificity and ways and prospects for further development. Therefore, the formation of a definitive apparatus of law should be seen as an integral part of a more general law-formation process, the content of which is linked to those social factors and patterns that affect the development of legal regulation. In this case, the factors of formation of the definitive apparatus of law can be conditionally combined into two groups: internal and external. Internal factors are those facts and circumstances that are determined primarily by the specificity and dynamics of the development of law itself as a socio-normative phenomenon of social reality, and external include those phenomena that are related to the peculiarities of socio-cultural and natural development of society, in particular, with the level of progress of socio-humanities in general, with conditions of functioning of economic, political and other relations, with the content actually prevailing in society and the state ideology, with the specific relationship of law and other social regulators, etc. Keywords: law definitions, the definitive apparatus of law, law, law-formation, law concepts, methodology, law science.


Author(s):  
Александр Николаевич Сквозников

Постоянная потребность исследователей в углубленном изучении проблем вины и ответственности определяется не только задачами совершенствования законодательства и правоприменительной практики, но и изменчивостью представлений людей об основаниях, пределах, формах и целях ответственности лица, представлений, отражающих реальный процесс исторического развития общественных отношений и практики их правового регулирования. В работе исследована деятельность средневекового законодателя по разграничению умысла и неосторожности как двух форм вины при совершении преступлений против личности, а также разграничение виновного причинения вреда от казуса. Автор пришел к выводу о том, что в источниках европейского права VIII-XVI вв. законодатель значительное место уделяет внутреннему (субъективному) отношению лица к совершенному правонарушению и его последствиям. Выявление и учет таких признаков субъективной стороны деяния, как вина, мотив и цель, существенно влиял на квалификацию деяния и назначение наказания либо приводил к освобождению от ответственности ввиду отсутствия субъективной стороны правонарушения (вины) как одного из элементов состава правонарушения. В работе показано, каким образом законодатель учитывал влияние субъективного отношения лица к совершенному деянию при установлении юридической ответственности. The constant need of researchers for an in-depth study of the problems of guilt and responsibility is determined not only by the tasks of improving legislation and law enforcement practice, but also by the variability of people's ideas about the grounds, limits, forms and purposes of a person's responsibility, ideas that reflect the real process of the historical development of social relations and the practice of their legal regulation. The work examines the activities of the medieval legislator to differentiate intent and negligence as two forms of guilt when committing crimes against the person, as well as the differentiation of guilty harm from an incident. The author came to the conclusion that in the sources of European law of the VIII-XVI centuries. For centuries, the legislator has given a significant place to the internal (subjective) attitude of a person to a committed offense and its consequences. The identification and consideration of such signs of the subjective side of the act as guilt, motive and purpose significantly influenced the qualification of the act and the appointment of punishment, or led to release from liability due to the absence of the subjective side of the offense (guilt) as one of the elements of the offense. The work shows how the legislator took into account the influence of a person's subjective attitude to the committed act when establishing legal responsibility.


Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 21
Author(s):  
Viktor A. Mikryukov

The purpose of the study is to highlight the most significant legal gaps in the mechanism under study, find doctrinally relevant ways to overcome them casually in law enforcement, and propose options for generally filling the gaps in rulemaking. It is equally important to test the effectiveness of the analogy as a means to combat legal gaps. The methodological framework was formed by general (analysis, synthesis, abstraction, and concretization) and specific (comparative, formal, and technical legal) scientific research methods. The positive role of analogy as a method of combating legal uncertainty and the formation of legislative innovations was confirmed. The conclusion was made about the absence of a formal need for additional legislative authorization for Limited Liability Companies’ members to create a conditional or individualized withdrawal procedure. Backed by the legal analogy, the necessity to extend the freedom-of-contract doctrine in determining the fair value of a withdrawing shareholder’s share was argued. The achievements provided the basis for specific practical proposals to enhance existing Russian legislation and harmonize corporate relationships, which should improve Russia’s business climate.


Author(s):  
И.А. Кузьмин

В статье приводятся промежуточные результаты исследования вопросов реализации юридической ответственности. Сформулированы подходы к пониманию механизма правового регулирования и его содержания. Установлены закономерности взаимодействий между правовыми средствами в процессе реализации юридической ответственности. Предложена общетеоретическая модель реализации юридической ответственности в правоохранительном блоке механизма правового регулирования. Проанализированы проблемные ситуации, при которых нарушаются принципы юридической ответственности и разрушаются системные связи между правовыми средствами. Annotation: The article presents the interim results of research on the realization of legal liability. Approaches to understanding the mechanism of legal regulation and its content are formulated. The patterns of interactions between legal remedies in the process of realization legal liability have been established. A general theoretical model of the realization of legal liability in the law enforcement block of the mechanism of legal regulation is proposed. The author analyzed problematic situations in which the principles of legal liability are violated, and the cases in which the systemic connections between legal remedies are destroyed.


Author(s):  
Rinat Mikhailovich Karimov

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 


2020 ◽  
pp. 189-209
Author(s):  
Nataliia Voitovych

The aim of the research is to study the historical preconditions and legal regulation of surveillance in combating crime in the XIX century. At the same time, the author's goal is to compare peculiarities of the instruments of system fight against crime (the method of operational search actions, hereinafter - OSA) and covert investigative activities in countries with different forms of government and diverse political systems.The methodology of the research is: adherence to the principles of objectivity, scientificity and historicism contributed to consistent disclosure of preconditions, content and principles of surveillance as a measure and a method of OSA and covert investigative activities in combating and preventing crime actions. Mutual enrichment with historical and legal methods provided systemity of the research. Historical study of surveillance in combination with the study of regulatory legal acts created new opportunities for interdisciplinary research. The application of general scientific methods, namely systematization, generalization, problem-chronological, comparative-historical, historical-legal methods allowed to trace the influence of the legal component on the history of introduction and development of surveillance in the "long" XIX century and peculiarities of its usage in the conditions of the newly formed states and political systems in the interwar period.The scientific novelty lies in a detailed historical and legal analysis of the content of regulatory legal acts concerning legal grounds for surveillance, a comprehensive study of its content, gaps and peculiarities of usage in non-democratic political regimes.Conclusions. The article provides historical analysis of evolution and usage of surveillance, which has experienced several stages connected with improving the performance of security functions, in preventing crimes. The attention is focused on the most characteristic features of  implementing surveillance as a universal measure of obtaining information and distributing tasks between the states' law enforcement agencies and a means of combating representatives of political forces and structures constituting a real and hypothetical threat to the state / regime. The similarity of performing functions by law enforcement agencies (and the role of surveillance) in the conditions of different state formations, despite fundamental differences in the forms of government and the nature of political systems, is proved.


Author(s):  
V.A. Kaznazcheev ◽  

The presented research is devoted to the practical and legal features of the use of physical force by employees of law enforcement agencies. The work contains a legal analysis of these issues. The article examines the legal nature of this special coercion measure and outlines the legal significance of observing the principle of legality in its application. The scientific study provides examples of domestic and foreign practices concerning the consequences of violation of the requirements of the law by officials. The paper analyzes the statistical information on the state of crime for the first half of 2020 presented on the official portal of the Judicial Department at the Supreme Court of the Russian Federation, and notes that issues related to abuse of authority by employees of power structures are of particular public and legal interest. Practice shows that the abuse of power by law enforcement officers in the use of physical force can lead to the emergence of public protests, reaching a wide scale. This fact necessitates a thorough study of the issues that arise in the course of the use of physical force by powerful subjects. The author outlines his own position on this topic, outlines the problems of legal regulation of the considered area of legal relations and suggests possible ways to resolve them.


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