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2022 ◽  
Vol 8 (1) ◽  
pp. 182-185
Author(s):  
N. Khozeev

The article examines the criminal-legal problem of countering one of the most common types of crimes against property — fraud. The issues concerning the identification of the most complex legislative structures in order to improve and increase the effectiveness of the application in practice of the rule on a special type of fraud are considered. The issues of improving the criminal law norms on liability for fraud in order to increase their effectiveness in countering such crimes are investigated. It is noted that the problems of applying the new rules on fraud (Articles 159–159.6 of the Criminal Code of the Russian Federation), which is a common crime against property, remain unresolved. The signs of a special composition of fraud are analyzed, various judgments on this issue expressed in the legal literature are given. Proposals are being made to optimize criminal legislation in this area.


Author(s):  
Nikolay Gorach ◽  
Juliana Galkina

The age psychology of minors is considered as a factor determining the features of the preliminary investigation of criminal cases involving them. The article deals with issues related to the age psychology of minors, the object of which are the laws, patterns and trends of change in the human psyche, his behavior, life and personality throughout his life. At the same time, it is noted in the legal literature that most crimes committed by minors are due to age-related motivational specifics, committed on the basis of mischief, a misinterpreted sense of camaraderie and romance, the desire for self-affirmation, imitation of both adults and peers who enjoy authority. The behavioral basis of juvenile offenders is formed under the influence of a number of factors, knowledge of which can be important when making tactical and procedural decisions by an investigator during pre-trial proceedings in a criminal case. The behavior of adolescents is largely related to their age characteristics, which largely determine their behavior, which can be observed, including during the preliminary investigation of criminal cases involving them. Thus, knowledge of the peculiarities of age psychology can make it possible to determine the most effective measures of educational work aimed at correcting behavior, correcting and re-educating juvenile offenders. It is these goals that the legislator takes into account, establishing the specifics of the proceedings both in cases of crimes committed by minors and the regulation of investigative actions involving minor victims and witnesses. The peculiarities of the age psychology of minors must also be taken into account when choosing the tactics of investigative actions carried out with their participation, since this is one of the necessary conditions for achieving the goal of the investigative action and the preliminary investigation as a whole.


2022 ◽  
pp. 2019-2040
Author(s):  
Harrison M. Rosenthal ◽  
Genelle I. Belmas

This chapter chronicles the legislative and jurisprudential history of workplace bullying and analyzes new frameworks for applying employee harassment laws to the digital era. Part I considers the sociolegal underpinnings of workplace harassment found in Title VII of the 1964 Civil Rights Act. The authors discuss how Title VII and its legal progeny gave way to “hostile work environment” claims. Part II discusses leading U.S. Supreme Court precedent, the creation of an affirmative defense for employers, and the limitations of that defense, including those developing in state and local jurisdictions. Part III discusses prevailing solutions and raises questions not yet addressed in the legal literature. Findings reveal that American jurisprudence is ill-set to protect or compensate workers injured by bullying—either cyber or physical.


2022 ◽  
Author(s):  
Freya Carolin Siekmann

In recent years, public development banks have increasingly become the focus of legal policy, whether in the wake of the financial crisis or, more recently, in the wake of the Corona crisis. The work subjects the public development banks, which have so far been discussed in the legal literature at best in relation to individual issues, to a detailed legal examination, taking into account the various organizational forms and legal foundations as well as the special "business model", which is characterized by the public mandate, the state protection as well as a state influence and control. Finally, the paper deals with the application of banking supervision law to public development banks, taking into account this special business model.


2021 ◽  
Vol 43 (4) ◽  
pp. 187-200
Author(s):  
Ewa Wójtowicz

The article concerns the issue of compulsory insurance known in the period of the Polish People’s Republic, which was created by the law itself — the so-called statutory insurance. The basic methods used are the legal-dogmatic method and the descriptive method, the study of legal literature, and the analysis of legal acts and jurisprudence, mostly of a historical nature. Statutory insurance functioned from the 1950s until the end of the 1980s in a centrally planned economy, being specific to the so-called socialist insurance. The insurance relationship concluded by the operation of law could exist in a monopoly situation — in the different categories of insurance there was only one state insurer. In the literature and jurisprudence of the time, the statutory insurance relationship was usually classified as a civil law relationship. Such an assessment, however, raises doubts due to the number of public-law elements occurring in this type of insurance. Statutory insurance was an artificial insurance element, serving fiscal purposes.


2021 ◽  
pp. 38-40
Author(s):  
Vitaly Sorokin

The article describes the forms of objectification of language in law. Language is considered by the author not just as a way of communicating legal information, but as a mediator of the meaning of law. The role of legal definitions in legal operations is characterized. The language correlates with the spheres of the spirit of law and the legal process. Language is an important nation-forming factor. It is not limited to providing communication between subjects using verbal and non-verbal means. In the legal sphere, the word carries the spirit of law, for it is the embodiment of this spirit. Receiving a linguistic expression, the spirit of law is objectified. At the same time, the legal literature presents a limited view on the functions of language in law. As a rule, they include display function(expression of the will of the legislator outside) and communicative one (bringing this will to the attention of participants in public relations). At the same time, the most important functions of language in law are ignored: system-preserving, meaning-forming and spiritual. At the same time, the author warns against the absolutization of linguistic means in law.


2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Novak Tamara ◽  
◽  
Marchenko Svitlana ◽  

The article is devoted to the analysis of some problems of organizational and legal forms of management in the agricultural sector. The main tendencies of development of organizational and legal forms of Ukraine in the aspect of deregulation of entrepreneurial activity and opening of the market of agricultural lands are determined. The role and significance, types, legislative and doctrinal approaches to determining the organizational and legal form of agricultural production are highlighted. On the basis of the analysis of legal literature, national legislation and practice of its application the problems of separate organizational and legal forms of conducting agricultural production (farms, collective agricultural enterprises, etc.) are analyzed. It is concluded that the principle of equality of ownership and management in agriculture is violated in Ukraine. Keywords: organizational and legal forms, business entities, agricultural production, agricultural sector, farms, collective agricultural enterprise


2021 ◽  
Vol 25 (2) ◽  
pp. 541-561
Author(s):  
Natalia V. Buzova

The development of technologies contributes to the emergence of new intangible objects that have potential value and are aimed at spreading the results of creativity and information. In this regard, the society is interested in encouraging the activities of entities that create such objects. One of the options for the protection of such objects is to grant the related rights. Considering the technological changes in society associated with the use of information and telecommunication networks and artificial intelligence, the issues of granting related rights to new entities gain relevance. In order to identify the possibility of expanding the institution of related rights and determine the directions of such expansion, the article analyzes the main approaches to the formation of the institute of related rights, their characteristics, and attempts to deliver a working definition of the concept of related rights. On the basis of a comparative analysis, the author considers Russian and foreign legislative acts in the field of intellectual property, international treaties on copyright and related rights, as well as legal literature. The most supported idea of the formation of the institute of related rights is the functional purpose of the activities of subjects of related rights, acting as intermediaries between authors and representatives of the public. However, the institute itself is evolving and recognition of related rights for new subjects depends not only on the functional purpose of the activity, but also on their organizational and/or economic contribution aimed at processing and disseminating works and information. It can be assumed that the institute of related rights will continue to expand with the development of technologies and the public demand for new services provided by new technologies.


2021 ◽  
Vol 25 (2) ◽  
pp. 359-375
Author(s):  
Gennadij I. Muromtsev

The subject is related to the insufficient investigation of a general theoretical conception of the law genesis. The conception prevailing in Russian legal literature and proceeding from the inseparable connection between state and law genesis is weak in some aspects As a theoretical basis of this investigation the author uses the concept that regards a law genesis in the context of a world evolution. With this approach, the social factors of the emergence of law are preceded by natural factors of the same dimension, and the thesis about the emergence of law simultaneously with human society becomes the starting point in the study. As a result, the subject of the research acquires an interdisciplinary approach and includes the issues of nonlegal scientific disciplines, not only humanitarian (anthropology, ethnology, etc.), but also natural sciences (psychology, genetics of a behavior, etc.). The conclusion that the patterns of behavior development and the mechanisms of its regulation are formed at the natural stage of world evolution is of paramount importance. They arise in the form of reflexes and are then perceived by the merged norms of the custom-mononorm. The latter become a kind of connecting link in the transition from the natural mechanism of regulation of behavior to the social and from the preclass to the early class society regulation mechanism. Law genesis is considered in the article as a contradictory, multiaspect and multistage process with a natural and social content. Sociocultural differences between the countries of the West and the East led to the dissimilarity of the process of law genesis in both. In the first of them, with the victory of capitalism, law overcomes the phenomenon of fusion and appears in a pure form, while in the second, even today there are traditional relations and understanding of law, adequate to the preclass and early class era.


2021 ◽  
Vol 25 (1) ◽  
pp. 263-280
Author(s):  
Valeriy P. Ivanskiy

The article is devoted to the study of the concept of legal values, their classification. Analysis of legal literature led to the conclusion that legal values are considered only in line with legal positivism, which have a faade in relation to the subject of law. According to the author, anthropological approaches - classical, non-classical and post-non-classical - can become a milestone in a conceptually different understanding of the values of law. In this regard, the purpose of the paper is to conduct a study of the values of law in line with anthropological research programs. To achieve the goal, the following tasks were set: 1) to describe the classical (neoclassical), non-classical and post-non-classical anthropological programs; 2) to formulate the concept of legal values and truth within the framework of three paradigms of legal thinking; 3) to classify and rank the values of law. As a result of the study, the following conclusions were made: The legal value in the classical (neoclassical) anthropological paradigm lies in the safe-guarding and protection of inviolability of the biopsychophysiological integrity of the organism, which identifies an individual as a physical person. Therefore, the law has an objectified and alienated from the individual subject character. The value of law in non-classical anthropological discourse is imperative-attributive experiences (legal psyche) or intentional acts of consciousness that constitute legal reality, with which a person is identified - a legal personality. The post-non-classical model of cognition is focused on the discovery of the true essence of a person through identification with a legal being (or pure consciousness), which is an absolute value and creator of transpersonal and extra-social legal reality.


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