scholarly journals LEGAL RESPONSIBILITY OF MILITARY SERVANTS: HISTORICAL LAW ASPECTS

2021 ◽  
Vol 1 (1) ◽  
pp. 116-122
Author(s):  
Oleksandra Severinova ◽  
Keyword(s):  
International Organizations ◽  
War Crimes ◽  
Point Of View ◽  
Armed Conflicts ◽  
Legal Responsibility ◽  
Fourth Generation ◽  
Legal Analysis ◽  
Military Conflict ◽  
The Russian Federation

The article analyzes the historical law bases of legal responsibility of servicemen during armed conflicts. The typification of armed conflicts is classified and carried out on various grounds, including on the basis of evolutionary nature (four generations of wars). It is concluded that in the XXI century armed conflicts have a number of fundamentally new features (unconventionality, nonlinearity, irregularity, asymmetry and non-military nature), which distinguishes them from the armed confrontations of previous epochs and refers to the fourth generation wars. The analysis described the following similar terms: «war», «military conflict», «armed conflict», and identified similarities, identities or substantive differences between them, which is important for the correct legal classification of war crimes. The relevance of the research topic is due to the fact that today the aggressor states in armed conflicts use the so-called «hybrid means of warfare», which include, in addition to confrontation on the battlefield in the classical sense, confrontation on economic, informational, political and cultural fronts. The emergence of these new weapons requires the study of the essence of «hybrid» confrontation: the means, methods and tactics used, the purpose of defeat by one means or another to deter the aggressor states, as well as to counter them. The urgency of the topic is also due to the fact that Ukraine today, unfortunately, found itself in a state of armed confrontation, fell victim to a «hybrid conflict» on the part of the Russian Federation. As practice shows, the nature of the discussion of this problem and the process of developing and approving specific measures aimed at counteracting and deterring the aggressor state proves the inability of most international organizations responsible for international peace and security to address such issues in practice. From this point of view, a historical and legal analysis of the formation of the institution of legal responsibility of servicemen during armed conflicts, given the crucial importance of bringing to justice those guilty of war crimes.

scholarly journals Legal liability of bailiffs in the Russian empire and the Russian Federation (comparative legal analysis)

2021 ◽  
pp. 151-157
Author(s):  
Elena Goltsman
Keyword(s):  
Russian Federation ◽  
Practical Interest ◽  
Russian Empire ◽  
Point Of View ◽  
Legal Responsibility ◽  
Legal Analysis ◽  
Normative Basis ◽  
The Russian Federation ◽  
The Russian Empire ◽  
Political Economic

Based on the methodology of chrono-discrete monogeographical comparative jurisprudence, the article provides a chrono-discret analysis of the legal responsibility of bailiffs in the Russian Empire and the Russian Federation. The author notes that such studies have not been conducted before, and the comparison of the legal responsibility of bailiffs from the point of view of the comparative legal study of the domestic institute of bailiffs suggests not only theoretical significance, but also practical interest. In one of the articles, the author has already mentioned the normative basis of the institution of bailiffs in the Russian Empire and the Russian Federation, which also affects the responsibility of bailiffs. But over time, the current legislation has undergone a multi-faceted reform. In connection with this circumstance, all issues related to the organization and activities of enforcement agencies are of particular interest. Returning to the question of the responsibility of bailiffs in the studied periods, the author draws attention to the fact that at present this issue is more defined and developed in comparison with the pre-revolutionary period. At the same time, it is necessary to take into account the specific historical situation in the studied periods, the specifics of the political, economic, and social structure, the peculiarities of legal consciousness and mentality. Comparing the legal responsibility of bailiffs in different historical periods can lead to the development of practical recommendations for improving the current legislation regulating the structure and activities of the institution of bailiffs.

scholarly journals Determination of limits of public control in the Russian Federation: constitutional and legal analysis

2020 ◽  
Vol 65 (2) ◽  
pp. 218-231
Author(s):  
V. V. Goncharov
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Necessary Condition ◽  
Legal Analysis ◽  
Public Control ◽  
Legal Method ◽  
Modeling Analysis ◽  
Legal Model ◽  
The Russian Federation

The article is devoted to the study of the limits of public control in the Russian Federation. Objective: to develop a legal model for determining the limits of public control in Russia as a necessary condition for the effective functioning of this institution of civil society. Objectives of the study: 1) to define the concept of limits of public control in Russia; 2) to analyze the limits of public control (spatial; time of implementation; completeness of content (its principles, goals and objectives, forms, objects, powers of subjects and their number); its assessment from the point of view of legality and legitimacy of this type of activity), having developed and having proved actions for improvement of the current Russian legislation regulating questions of public control.In work is analysis of the limits of social control (spatial; time of implementation; the completeness of filling (according to his principles, purposes and tasks, forms, objects, and powers of the constituent entities and their amounts); the evaluation from the perspective of legality and legitimacy of the activity). The article uses a number of methods of scientific research, in particular: analysis; synthesis; classification; comparison; formal-legal; method of legal modeling; analysis of theoretical and regulatory sources; legal; formal-logical.

scholarly journals Features of contractual regulation of relations in the use of renewable energy sources

2020 ◽  
pp. 174-178
Author(s):  
C. M. Kologermanskaya
Keyword(s):  
Renewable Energy ◽  
Renewable Energy Sources ◽  
Legal Regulation ◽  
Energy Sources ◽  
Legal Analysis ◽  
Legal Research ◽  
Modern Period ◽  
Foreign Countries ◽  
The Russian Federation

The article presents a legal analysis of the features of contractual regulation in the use of renewable energy sources in the Russian Federation and foreign countries. It is noted that in the modern period, the sphere of contractual regulation of relations arising from the use of renewable energy sources remains insufficiently studied, which is why it is necessary to conduct legal research in this area, study the experience of contractual regulation in the field of electricity abroad. For the purposes of developing legal regulation, the author proposes a conditional classification of contracts on various grounds.

To the issue of legal liability for informational and mental iatrogenesis and their correlation

2019 ◽  
pp. 165-174
Author(s):  
Nikolai Alekseyevich Ognerubov
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Civil Liability ◽  
Legal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
Medical Worker ◽  
The Russian Federation ◽  
Criminal Legislation

We consider various approaches to understanding and classifying such phenomenon as “iatrogenesis”. Taking into account the specifics of the stated theme, we highlight informational and mental manifestations of iatrogenesis, we identify approaches where these types differ, as well as approaches where they are identical. Due to this, we analyze informational and mental iatrogenesis from the juridical science point of view. We define the reasons for the criminal liability of a medical worker for “classical” mental iatrogenesis as highly controversial. At the same time there is a civil liability, namely, the issue of causing moral harm. In the context of the consideration of informational iatrogenesis, we propose to pay attention to the provisions of Article 137 of the Criminal Code of the Russian Federation and Article 732 of the Civil Code of the Russian Federation, as well as the provisions of criminal legislation on offenses to which medical workers may be subject, and the provisions of civil legislation on redress for the non-pecuniary damage as a civil liability. The conducted research led to the conclusion that it is impossible to identify informational and mental iatrogenesis from a legal point of view. We substantiate the necessity of conducting work at the legislative level on a clear classification of iatrogenesis as a basis for further research on its individual differentiations, which have legal significance both in doctrinal and practical terms.

Service Industry Management: Organizational Aspect

2011 ◽  
Vol 3 ◽  
Author(s):  
Natalia Voronina
Keyword(s):  
Service Sector ◽  
Service Industry ◽  
Living Environment ◽  
Point Of View ◽  
Social Changes ◽  
Legal Form ◽  
The Russian Federation ◽  
Business Entities ◽  
Economic Modernization

In the conditions of social changes and economic modernization special attention should be paid to operation and development of the service industry as its degree of development mainly defines the rate of employment, living environment, and the level of life in the country. Estimation and management of the service sector from the operational point of view is performed with the help of principles of classification of business entities and peer grouping. This approach enables us to apply holistic analysis to functioning system and to take justified decisions. At present, all service entities based on the territory of the Russian Federation can be grouped according to the following characteristics: type of industry, economic activity, organizational and legal form, form of ownership, sector of economy, and location.

scholarly journals Member States and International Legal Responsibility

2015 ◽  
Vol 12 (2) ◽  
pp. 358-381 ◽  
Author(s):  
Catherine Brölmann
Keyword(s):  
International Organizations ◽  
Legal Framework ◽  
Legal Responsibility ◽  
Legal Analysis ◽  
Attribution Of Responsibility ◽  
Member States ◽  
International Responsibility ◽  
Legal Contexts

The ‘institutional veil’ of international organizations is the linchpin for legal analysis and appraisal of the role and interrelation of international organizations, member States and organs. Through this lens the article examines in semi-broad strokes the position of international organizations’ member States in the legal framework of international responsibility, with reference to pertinent provisions in the ilc ario. This leads to the finding that in (the discourse on) the establishment of responsibility there are four possible legal contexts, which have the institutional veil of the organization work out in different ways: subsidiary responsibility of member States (the proverbial ‘piercing of the corporate veil’); the attribution of conduct to member States; the ‘attribution of responsibility’ to member States; and the bypassing of the institutional veil to establish independent responsibility of member States, which is then connected by a material link to the wrongful act of the organization or to the injurious circumstances originally at issue. While in the context of subsidiary responsibility the institutional veil can be seen as consistently impermeable since the 1980s Tin Council cases, in the context of attribution of conduct the institutional veil of organizations appears to be increasingly contested, engaged with and challenged for transparency.

scholarly journals The application of international treaties of the Russian Federation in the legal proceedings in arbitration courts of Russia

2017 ◽  
Vol 1 (3) ◽  
pp. 174-189
Author(s):  
Olga Kiseleva
Keyword(s):  
International Law ◽  
Russian Federation ◽  
System Analysis ◽  
Point Of View ◽  
Official Publication ◽  
Legal Analysis ◽  
International Treaties ◽  
Application Process ◽  
The Russian Federation ◽  
Commercial Courts

The article substantiates the necessity of a system analysis of the processes of applicationof the norms of international treaties by commercial courts of the Russian Federation. Thisneed is justified, at least, by the following: an insignificant amount of special research inthis field in comparison with a similar subject within the courts of general jurisdiction, thecreation of a relatively new body of supranational control over compliance with the normsof international treaties in the field of commercial courts’ practice.The purpose of the study is to identify problems of application of international treaties ofthe Russian Federation arbitration courts of Russia.The author uses methodology of formal legal analysis of Russian legislation and courts’ decisions.The results and scope of it’s application. The author, taking into account the specifics ofcommercial proceedings and the nature of disputes heard in commercial courts, proposedlegal grounds in a concentrated form which allow to state the existence of the obligation toapply the norms of international treaties by Russian commercial courts. Two levels of suchgrounds can be stated – international and domestic.Publication of the texts of international treaties as a problematic segment of their applicability.The article highlights one of the problematic segments of the application process ofthe norms of international treaties for the purpose of more detailed reflection. The practiceof commercial courts demonstrates that in both legislative acts and acts of applying law,the concepts of "official publication" and "bringing to the public" are alternated with eachother. Despite the reform, the procedure of official publication has not acquired the characterof a systemic institution of Russian law. This significantly complicates the activity ofadministering justice with respect to the legislative acts of international law.Conclusions. From the point of view of international law, the state, independently determiningthe procedure and methods of implementing international treaties within its legalsystem, is not limited in its ability to burden itself with the need to abide by additional proceduresnot provided by the international legal system of procedures. Official publication,as a necessary procedure for the entry of a legislative act into the force, represents such anadditional procedure designed to protect more effectively human rights and freedoms andto streamline law enforcement practice. In this connection, the author formulated the provisions,the implementation of which can help in matters of systematization of the institutionof official publication of international treaties of the Russian Federation.

scholarly journals ANTI-CORRUPTION EXPERT EXAMINATION OF LAWS AND REGULATIONS AND THEIR DRAFTS IN THE RUSSIAN FEDERATION AND THE KYRGYZ REPUBLIC: COMPARATIVE AND LEGAL ANALYSIS

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0
Author(s):  
Эльнара Исламова ◽  
Elnara Islamova
Keyword(s):  
State Government ◽  
Russian Federation ◽  
Point Of View ◽  
Kyrgyz Republic ◽  
Legal Analysis ◽  
Scientific Organizations ◽  
The Subject ◽  
The Russian Federation ◽  
Corruption Prevention ◽  
Laws And Regulations

The article analyses the experience of the Russian Federation and the Kyrgyz Republic in implementation of the provisions of the UN Convention Against Corruption on the necessity to assess relevant legal documents in order to determine their conformity from the anti-corruption point of view. The article compares regulatory actions for the subject of anti-corruption expert examination, the concept of ‘laws and regulations’ as a subject of anti-corruption expert examination, powers of bodies and organizations that conduct the examination, methodology of conducting anti-corruption expert examination, response measures when corruptogenic factors are reveled. General and special methods form the basis of the research methodology: dialectic, comparative legal, analytical method and others that are used in juridical sciences. Following the results of the research, the author sets forth the conclusion that the legislation of the Russian Federation and the Kyrgyz Republic, regulating carrying out of the anti-corruption expert examination, requires improving: it is necessary to specify the subject of the anti-corruption expert examination, in the Russian Federation it is necessary to legislate the concept of a regulatory act, and in the Kyrgyz Republic, for the efficient corruption prevention, it is necessary to confer the powers to carry out the anti-corruption expert examination to State government bodies, not to scientific organizations.

scholarly journals Reflections on the Legal Classification of Participants in Criminal Proceedings

Lex Russica ◽  
2021 ◽  
pp. 103-111
Author(s):  
V. S. Latypov ◽  
R. А. Ismagilov
Keyword(s):  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Proceeding ◽  
Modern Period ◽  
Foreign Countries ◽  
Administration Of Justice ◽  
Procedural Code ◽  
The Russian Federation

In the paper, the authors attempt to analyze the legislative classification of participants in criminal proceedings. The work contains an analysis of the ratio between the concepts of "participant" and "subject" of criminal procedural relations. Having studied the approaches available in the theory of criminal procedure that existed during the period of the Soviet criminal procedure legislation and in the modern period, the authors conclude that it is unacceptable to identify the concepts of "participant" and "subject" of the criminal proceedings. A participant in a criminal proceeding is a person who has certain characteristics, including the existence of rights, duties and responsibilities, as set out in the relevant criminal procedure norm or group of norms.Having applied the method of comparative legal analysis of domestic and foreign criminal procedure legislation, procedural theoretical constructions of the Soviet and modern period, the authors conclude that the legislator made an error in the presented classification and system of participants in the criminal procedure. In addition to the main criminal procedure functions, the authors focus on the existence of other functions that are no less important for the emergence and development of criminal procedure relations. It is stated that there is a need to change the approach to the legislative classification of participants in criminal proceedings, taking as a basis the existing experience of individual foreign countries. The authors propose to change the structure of section II of the Criminal Procedural Code of the Russian Federation, which makes it possible to avoid the currently existing procedural conflict related to the attribution of the investigator and the inquirer to the prosecution. It may also help to eliminate any doubts about the attribution of persons assisting in the administration of justice to the participants in the proceedings.

scholarly journals Mercenary Purpose in Theft: Are There Limits To Broad Interpretation?

Lex Russica ◽  
2020 ◽  
pp. 93-102
Author(s):  
V. V. Khilyuta
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Point Of View ◽  
Broad Sense ◽  
The Supreme Court ◽  
Objective Classification ◽  
The Russian Federation ◽  
Broad Interpretation ◽  
Different Content

The paper deals with the issue of the modern understanding of the mercenary purpose as an element of theft and its forms — fraud, misappropriation and embezzlement. The author closely analyzes the Plenum of the Supreme Court of the Russian Federation Resolution No. 48 dated 30 November 2017 "On court practice on cases involving fraud, misappropriation and embezzlement" in view of the discussion of understanding mercenary purpose in litigation. The author polemically sets out the point of view that it is impossible to interpret a mercenary purpose in a broad sense — as the ability to dispose of stolen property at their own discretion, including in favor of other persons, whose circle is unlimited. It is proved that the term "lucre" cannot reveal the content of the purpose of theft, since lucre is inherent not only in theft, but also in other crimes. "Lucre" can only indicate the attitude of a person to the act of his behavior, the method of committing a crime, but does not characterize the purpose of his actions, as a result of which the concept of mercenary purpose can be filled with different content. Mercenary motives should determine the existence of a mercenary purpose, and non-mercenary motives should exclude the qualification of committed acts as theft of someone else’s property. The explanation of a mercenary purpose proposed by the Supreme Court of the Russian Federation significantly shifts the scope of the presence of elements of theft and transfers them to an earlier stage. Evening a mercenary purpose with the purpose of gaining (receiving) property benefits is not certain, since property benefits can also be extracted from the illegal use of other people’s property. For the objective classification of theft, the motive of the perpetrator’s behavior and the nature of his actions must be essential. Therefore, from the point of view of subjective elements of theft, its purpose should indicate that such an act is aimed at enriching the perpetrator or other persons, the circle of whom should be limited.

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