Vol 10, No 1 (2022)
- Year: 2022
- Published: 01.01.2022
- Articles: 11
- URL: https://ogarev-online.ru/2311-2468/issue/view/17784
Full Issue
Electronic legal entity: myth or near future?
Abstract
The paper presents an analysis of the features of the legal entity category. The possibility of using blockchain-technology, artificial intelligence, and smart contracts in the management of a legal entity is considered. The author considers the idea of establishing a legal structure for the electronic legal entity.
Legislative basis for overcoming child homelessness in the soviet union in 1920-1930s: ISSUES of resocialisation
Abstract
The legislative basis for overcoming child homelessness in the Soviet Union over the period from the 1920s to the 1930s has been studied. The most important regulations that determined the policy of the Soviet Union of overcoming child homelessness at that time have been considered. The formation and development of Soviet legislation in the area under consideration have been analyzed.
Early feudal criminal law of ancient russia (ix – xiv centuries)
Abstract
The article analyzes the features of the regulation of criminal law relations in Ancient Russia in the era of early feudalism (IX-XIV centuries). Monuments of the history and law of Ancient Russia of this period are studied. The analysis of provisions related to the criminal law sphere is carried out. The study aims to analyze the history of the emergence of basic criminal law institutions in Ancient Russia and to show the continuity of criminal law and science.
Civil liability for violation of copyright to audiovisual work
Abstract
The article deals with the concept of audiovisual work. Special attention is paid to the measures of civil liability for violation of legal rights to an audiovisual work. The authors consider the features of the legal regulation of this sphere of civil relations.
Professional legal consciousness of lawyers
Abstract
This article analyzes the concept of professional legal consciousness of a lawyer, i.e., its content characteristics, structural elements, features of professional psychology. The authors correlate professional legal psychology and the ideology of a lawyer as a representative of the legal community. Special attention is paid to the comparison of such types of professional legal consciousness as the legal consciousness of a lawyer, a legal adviser, a judge, a prosecutor, an investigator, an inquirer.
Separation of powers or separation of functions: an analysis of the problem
Abstract
The article discusses the history and evolution of the theory of separation of powers. The interpretations of the principle of separation of powers and its relation to the idea of separation of functions in modern times are considered. The author presents a proposal of solution to this problem.
Form, structure and content of final decisions of the court of appeal in criminal cases
Abstract
The article analyzes the issues concerning the form, structure and content of the final decisions of the court of appeal in criminal cases. The authors draw attention to the need for courts to comply with the requirements of the Code of Criminal Procedure of the Russian Federation regarding the details of the introductory, descriptive, motivational and operative parts of the appeal verdict, resolution and definition, which is a condition for their justice. The article provides examples from appellate practice and data from judicial statistics.
Victimological situation of domestic fraud: concept, content, prevention
Abstract
In the mechanism of committing domestic fraud, a special place is occupied by the victim, his personal qualities and behavior in relation to the fraudster. In this regard, it is important to study the totality of factors and conditions in which the victim of fraud is located - the victimological situation. The results of such a study make it possible to objectively understand the features of the preparation and commission of fraud, to develop recommendations for the prevention of this crime in typical situations.
Inconsistency of court conclusions in verdict with actual circumstances of criminal case established by court of first instance
Abstract
The article considers the practical application and the problems of legislative regulation of one of the grounds for canceling or changing the verdict on appeal. The requirements for the verdict are described. The opinion on the requirement reasonableness of court rulings is presented. The data of court practice and judicial statistics are provided.
Specificity of jurisdiction determination in legal cases with participation of foreign persons
Abstract
The article deals with some issues of jurisdiction determination in legal cases with the participation of foreign persons. The main types of jurisdictions described in research works and legislation are considered. The difficulties of such a determination in legal procedure are analyzed on the examples of real court rulings. Special attention is paid to the contractual jurisdiction and the formation of prorogation agreements.
Making amends for harm caused to victim as condition of exemption from criminal liability due to reconciliation with victim
Abstract
The article examines the problems of legislative regulation and the practice of making amends for the harm caused to the victim as a result of a crime, which, in cases stipulated by the criminal law, is a prerequisite in deciding whether to release the guilty from criminal liability. The author also analyzes topical issues related to the determination of the volume, time, methods of making amends to the victim.