Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University

Since 30.11.2017, the journal is included by the Higher Attestation Commission in the List of leading scientific journals and publications in the Russian Federation, where basic scientific results of doctoral theses should be published (Bulletin of the Higher Attestation Commission of the Ministry of Education and Science; according to the new nomenclature - since 08.02.2023.

Mission of the journal: reflection of the results of original fundamental and applied research of law at the general theoretical, intersectoral and sectoral levels for the purpose of improving law-making and law enforcement; maintaining a scientific dialogue and discussions of representatives of domestic and foreign scientific schools on pressing issues of law.
Prospects of the journal: bringing to the public the results of the latest scientific research in various areas of law, providing a platform for young scientists.

In the journal scientific articles, conference papers, reviews on theses and other research works on all branches of legal knowledge are published.

The Certificate on Registration of Means of Mass-Media ПИ № ФС 77-68026 dated 13.12.2016.

Business model: the journal is funded by the founder, all articles are published free of charge.

The journal is included in the bibliographic databases VINITICrossrefCyberleninkaULRICH`S Periodical DirectoryRISC (NEB eLIBRARY.ru)

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Current Issue

Vol 9, No 4 (2023)

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Full Issue

Theoretical and historical legal sciences

Regional law-making: the problem of distinguishing the subjects of jurisdiction of the Russian Federation and its subjects
Nikishchenkova M.A.
Abstract

The article deals with the problem of distinguishing the subjects of jurisdiction of the Russian Federation and its subjects, the constitutional and contractual grounds for determining the subjects of exclusive and joint jurisdiction, analyzes the validity and effectiveness of the residual principle of determining the subject of exclusive jurisdiction of the subjects of the Federation. The author summarizes and systematizes (records) the legislative practice of the Samara region in the period since 1998. Currently, it highlights the main directions of legislative regulation, taking into account the specifics and needs of this region. The presented article defines the main trends of regional law-making, expressed in the high law-making activity of senior officials of the subjects of the federation; duplication of the provisions of federal legislation; the formation of the practice of legislative regulation related to the conduct of subordinate rule-making, as well as the practice of «advanced» regional law-making. At the same time, the author comes to the conclusion that the established practice of regional law-making can serve as a basis for determining the subject matter of the subjects of the federation and ensure the most effective management within the competence of the authorities of the subject of the federation in order to meet regional needs, subject to compliance with the requirements of unity of goals, objectives, principles of law-making activity throughout the country, unity of techniques, methods and means of legal law-making techniques both at the federal and regional levels.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2023;9(4):7-12
pages 7-12 views

Public law (state-legal) sciences

Theoretical and applied problems of in vitro fertilization under the legislation of the Russian Federation and the Republic of Belarus
Vasilevich D.G.
Abstract

The article deals with the issues of realization of one of the reproductive rights – the use of in vitro fertilization. The right to have children is one of the fundamental constitutional rights. It is emphasized that the use of IVF is a forced measure for spouses (married couples), since it is not possible to conceive children naturally due to medical indications. The point of view that IVF as a result of biomedical advances is becoming more and more predominant; although to a lesser extent, there are voices that have children is a kind of duty to society. It is generally accepted that IVF should not be used to choose the sex of a child, or any of its physical characteristics. This emphasizes the value of the common good, rather than the priority of an individual subject’s choice. The deliberate choice of the sex of an unborn child is a pathway to pernicious gender imbalance. In the context of the moral status of the human embryo, it is recognized that raising an embryo for more than 14 days and then destroying it is ethically unacceptable. Attention is drawn to the disputes arising in practice concerning the possible use of IVF, including after the dissolution of a marriage. Proposals are made to improve civil and other legislation and law enforcement practice. In particular, to provide that heirs under the will and the law may include citizens conceived in accordance with an agreement between a woman and a man to use his biomaterial for in vitro fertilization within six months after his death and born alive after the opening of the inheritance. Free storage of gametes must be provided to law enforcement officers, professional servicemen and servicemen performing duty in «hot spots», employees of the Ministry of Emergency Situations, etc., provided that they do not yet have children. In other cases, they can be kept for a fee.  

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2023;9(4):13-18
pages 13-18 views
Topical issues of combating corruption environmental offenses
Yun L.V.
Abstract

The article is devoted to topical issues of combating environmental offenses. Socially dangerous acts, correlated with corruption offenses in the field of ecology, committed in particular by officials who are endowed with additional responsibilities for the conservation of natural resources, indicate a low level of their environmental culture, legal awareness, and also contribute to a negative assessment in society as a result of their professional activities. The author focuses on the fact that corruption risks arising in the course of committing environmental offenses adversely affect the efficiency of officials in the field of ecology. Often, the commission of an environmental offense stems from the presence of family or other factors, subsequently entailing the legal liability of an official. In addition to the corruption component, there are other problems that may also interact with obtaining material or other benefits while exercising official powers. The purpose of this article is to review environmental offenses in order to identify current problems in the designated area of research. Among the most topical issues related to combating corruption is the failure to provide reliable information about close kinship / property, as a result of which a conflict of interest arises between participants in environmental legal relations. Solving the identified problems will minimize environmental violations.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2023;9(4):19-24
pages 19-24 views

Private (civil) sciences

Digital image (digital copy of a person) in the system of objects of civil laws: experience of model legislation
Bogustov A.A.
Abstract

The article analyses the provisions of the Model Law for the CIS member states «On Digital Rights» relating to the digital image (digital copy of a person), the rights to which are considered as personal non-property rights. In order to clarify the place of the digital image in the system of personal non-property rights, its distinctive features are characterized in comparison with the citizen’s right to an image. The content of the subjective right to a digital image is characterized. The normative basis of the study was formed by the model legislation for the CIS member states and the national legislation of the member states (in particular, the law of Belarus and Russia). Based on the results of the study, it was concluded that the right to a digital image (digital copy of a person) can be considered as one of the manifestations of the citizen’s right to an image. The model law «On Digital Rights» allows to highlight the features that distinguish a digital image (digital copy of a person) from other forms of protected images (for example, works of fine art, photo and video recordings, etc.), but does not give grounds to consider it outside the existing mechanisms for ensuring the citizen’s right to an image. The author of the article concludes that the content of the right to a digital image (digital copy of a person) does not have any serious differences from the content of the citizen’s right to an image. This is manifested in the similarity in the subject composition, the order of use of the digital image and the image of a citizen, both during his life and after his death, the regulation of the emergence of these objects, the establishment of restrictions on the right of a citizen to a digital image and his own image, as well as the consequences of violation of these rights.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2023;9(4):25-31
pages 25-31 views
Problems of legal regulation of examination in civil proceedings
Popova N.I.
Abstract

Currently, forensic expertise in a competitive environment is becoming an increasingly important element in civil proceedings. In the article, the author examines the currently problematic issues of legal regulation of the institute of expertise in civil proceedings. If the activities of state experts are fully regulated by federal law, then non-state expertise has not been regulated by legislation for a long time, which causes legal problems and generates many procedural issues. The author draws attention to the insufficiently clear and effective legal regulation of expertise in civil proceedings, as well as other problems related to this area. Insufficient qualifications of experts, a long period of expertise and discrepancies in the conclusions may negatively affect the interests of the parties and the credibility of expert opinions in general. The author emphasizes that the problem of this area is not exclusive to Russia. There is also a need to develop more effective methods of regulating expertise in civil proceedings.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2023;9(4):32-37
pages 32-37 views
Harmonization of health protection legislation and personal data legislation as a basis for the development of personalized medicine
Ruzanova V.D.
Abstract

The article analyzes the health protection legislation and personal data legislation in terms of their impact on the implementation of personalized medicine in practice. It is concluded that since the development of personalized medicine is associated with the study of a person’s individual data, and first of all, his genetic data, the harmonization of legal provisions on medical activities and genetic information as a type of personal data takes on special significance. In relation to personalized medicine, the «head» law proposes to consolidate general provisions regarding the use of an individualized method, and in special laws to identify groups of norms that establish the specifics of using this method in carrying out a specific type (direction) of medical activity. As a final conclusion, the idea of the need to harmonize health protection legislation and legislation on genetic information as a type of personal data is substantiated, primarily in terms of the regime of genetic health information, as well as the features of their use in personalized medicine.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2023;9(4):38-45
pages 38-45 views
Terms in civil proceedings as a guarantee of protection of rights and interests in the claim proceedings
Tkacheva N.N.
Abstract

The article is devoted to the consideration of the term of civil proceedings as a guarantee of the protection of the rights and interests of interested subjects in the claim proceedings. Various positions of scientists regarding the concept and meaning of the term of civil proceedings are analyzed. It is determined that the duration of the trial, being a period of time for the commission of a certain procedural action established by law or by a court, should primarily act as a guarantee of timely judicial protection by interested entities. It is concluded that it is necessary to legislate the timing of certain stages of civil proceedings in order for the timing of consideration and resolution of civil cases to act as a valid guarantee of the protection of the rights and interests of stakeholders.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2023;9(4):46-52
pages 46-52 views
Termination of parental rights: litigation or application of family legal liability
Tumanova L.V.
Abstract

This article is devoted to the procedural features of the consideration of cases of deprivation of parental rights based on the materials of judicial practice and theoretical studies. Attention is drawn to the presence of public interest in the subject of judicial protection in cases of deprivation of parental rights and the need, in connection with this, to single out this category of cases as a special type of civil proceedings along with other cases related to the protection of the rights of minors. The studied judicial practice allows us to conclude that it is difficult to resolve the issue of the existence of sufficient grounds for deprivation of parental rights. The ineffectiveness of such a measure as warnings in case of refusal to satisfy the claim for deprivation of parental rights was revealed. It is substantiated that, since it is recognized that the deprivation of parental rights is a measure of family legal responsibility, it is necessary to include in the subject of judicial protection and questions of compensation for damage, since improper performance of parental duties is often accompanied by the fact that the defendant uses benefits and payments for children not according to their intended purpose. It is advisable not only to raise the issue of collecting these funds in favor of the child, but also to determine the fate of the maternity capital directly in the court decision and also to check how these funds were spent. The ineffectiveness of such a measure as warnings in case of refusal to satisfy the claim for deprivation of parental rights was revealed. It is substantiated that, since it is recognized that the deprivation of parental rights is a measure of family legal responsibility, it is necessary to include in the subject of judicial protection and questions of compensation for damage, since improper performance of parental duties is often accompanied by the fact that the defendant uses benefits and payments for children not according to their intended purpose. It is advisable not only to raise the issue of collecting these funds in favor of the child, but also to determine the fate of the maternity capital directly in the court decision and also to check how these funds were spent. Cruelty to a child and abuse of parental rights, no doubt, causes moral suffering and affects the health of the child, so it is necessary to resolve the issue of compensation for moral harm. The problem of the procedural position of the child himself and taking into account his opinion is highlighted. Attention is drawn to the need for special procedural regulation of a number of issues, which together led to the conclusion that cases of deprivation of parental rights do not correspond in their substantive nature to either action or special proceedings.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2023;9(4):53-61
pages 53-61 views

Criminal legal sciences

Evidence and proof under the French criminal procedure
Belonosov V.O.
Abstract

This article discusses evidence under the French Code of Criminal Procedure, with its many and significant distinctive features, which are useful and curious to both theorists and practitioners alike. First, instead of an investigator, we see a forensic investigator. Secondly, the familiar concept of «investigative action» has been transformed into «judicial investigation». This had a significant impact on the rights and obligations of the participants in the process. In addition to the evidence traditionally understood in Russian jurisprudence, the Criminal Procedural Code of the French Republic also contains a list of actions that domestic jurisprudence usually refers to operational-investigative activities. This led to the emergence of unusual rights for prosecutors and judges, leading to an increase in guarantees of individual rights and freedoms. Relevant for the domestic jurisprudence of the question of evidentiary value of nonprocedural information in accordance with the Code of Criminal Procedure of the French Republic becomes not only admissible, but also attractive.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2023;9(4):62-73
pages 62-73 views
Use of special knowledge in the investigation of crimes committed by employees of collection agencies
Kornakova S.V., Osipova M.A.
Abstract

The article discusses some issues of the organization of proceedings in criminal cases committed by employees of collection agencies against debtors in debt collection. The introduction of a new rule of Article 172.4 of Criminal Code of Russian Federation into the criminal law is positively assessed, which, according to the authors, will strengthen the level of protection of the rights and legitimate interests of individuals with overdue debts in the credit sphere, especially in the field of microloans. It is noted that this is a new type of crime, for the effective investigation of which law enforcement agencies are not quite ready to a certain extent due to insufficient development of practical recommendations for conducting investigative and other procedural actions. Attention is paid to such an aspect as the use of special knowledge when conducting procedural actions on this category of crimes, which is due to the specifics of their commission. The methodology of the study consists in the use of an integrated and information-analytical method of processing forensic information, forensic investigative practice, as well as an objective assessment of the recommendations available in the legal literature on the production of procedural actions with the involvement of special knowledge. Recommendations on the use of specialist assistance in the production of verbal and non-verbal procedural actions are presented. Attention is drawn to the large volume of examinations conducted in cases of this category, the choice of which is influenced by the nature of the criminal activity considered in the article. It is concluded that the specifics of the implementation of criminal activities of employees of collection agencies in the collection of overdue debts affects a significant area of public relations, the knowledge of which is often difficult or impossible without the use of special knowledge.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2023;9(4):74-80
pages 74-80 views
Some problems of liability for the legalization (laundering) of money or other property obtained by criminal means under the criminal law of China and Russia: comparative legal analysis
Myakhanova A.N., Gunzynov Z.P., Sinkov D.V.
Abstract

The study analyzes the criminal legislation of the Russian Federation (hereinafter – the Russian Federation) and the People’s Republic of China (hereinafter - the PR C) in terms of «laundering» money or other property acquired by criminal means. The judicial practice of Russia and China is analyzed with typical examples of the studied category of cases. Common schemes of legalization (laundering) of funds acquired as a result of a crime are given. The international norms and acts in the studied area are considered.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2023;9(4):81-89
pages 81-89 views
Question of improving the legislative structure of the composition of the murder of a newborn child by a mother is still relevant
Nurkaeva T.N.
Abstract

The article shows that although more than 25 years have passed since the introduction of the privileged composition into the Criminal Code of the Russian Federation in 1996 – the murder of a newborn child by a mother (Article 106), interrelated issues of legislative regulation of this corpus delicti and the qualification of these crimes remain relevant; the author’s position on a number of points concerning the improvement of the legislative structure of the considered the composition of the crime. In particular, the opinion is defended that the key condition for imputation of Article 106 of the Criminal Code of the Russian Federation are changes (deviations) in the psyche of a woman that occur under the influence of the peculiarities of the course of her pregnancy and childbirth, or under the influence of other external circumstances that can injure the psyche of a woman (traumatic circumstances) when she retains control over her behavior, That Article 106 of the Criminal Code of the Russian Federation should not apply to those women whose intent to kill their unborn child was formed during pregnancy, the latter contradicts the essence of the privileged corpus delicti; it is proposed to exclude the term «newborn» from the disposition of Article 106 of the Criminal Code of the Russian Federation, since its literal interpretation unreasonably restricts the use of this corpus delicti.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2023;9(4):90-94
pages 90-94 views

International legal sciences

Socio-legal nature of drug-related crimes in modern international and Russian law
Bezverkhov A.G., Belyaev I.Y.
Abstract

The high level of drug addiction in modern society requires the Russian Federation and the international community to coordinate measures aimed at countering the illicit trafficking of narcotic drugs and similar substances, for which it is important to develop unified approaches to determining the socio-legal nature of drug crimes. It has been established that in order to understand the social and legal essence of drug crimes, a systematic analysis of the nature and degree of their social danger is necessary, which, first of all, is associated with the object (including the subject) and the objective side of drug crimes. It is shown that, unlike the national criminal legal system, in international law there is no special indication of the object of criminal acts. In addition, international anti-drug law does not provide for the division of objects of crimes «vertically». It is possible to draw a conclusion about the content of the object of these encroachments in international law based on the text of the preambles of the relevant international legal sources. It has been proven that the main object of drug crimes under international law should be recognized as «human health». It has been established that Russian criminal legislation provides for a much wider list of subjects of drug crimes than in international law, both in terms of the number of narcotic drugs and the number of psychotropic substances. To effectively combat illicit trafficking in narcotic drugs and similar substances, it seems advisable to provide in international law for the offenses of theft and extortion of narcotic drugs and psychotropic substances, as well as violations of the rules for the circulation of narcotic drugs and similar substances, since the conventions do not contain analogues in the list of punishable acts this crime, which leads to gaps in international legal regulation. It is concluded that in order to effectively combat illicit trafficking in narcotic drugs and similar substances, it is necessary to fully harmonize the approaches of international law and domestic criminal legislation in this area.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2023;9(4):95-101
pages 95-101 views

Tribune of young scientist

Classification of crimes committed using information and telecommunication networks (technologies) under the criminal legislation of the Russian Federation and Turkmenistan
Korpeev A.G.
Abstract

In the criminal law doctrines of the Russian Federation and Turkmenistan, as well as in the legal acts and official documents adopted in these states, there are different approaches to the classification of crimes committed using information and telecommunication networks (technologies). These differences lead to a decrease in the effectiveness of criminal law counteraction of the corresponding type of illegal acts. In this regard, the author analyzes alternative approaches to the classification of crimes committed using information and telecommunication networks (technologies). It is concluded that based on the structural features of the Criminal Codes of the Russian Federation and Turkmenistan these types of socially dangerous acts should be classified depending on the characteristics of the object and subject of these unlawful attacks, the nature and degree of public danger of the act, the form of guilt, as well as the methods and means of committing these crimes. The conclusions and recommendations made in this article have a certain theoretical significance and can be used to further study of the classification of crimes committed using information and telecommunication networks (technologies) under the criminal legislation of the Russian Federation and Turkmenistan.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2023;9(4):102-107
pages 102-107 views
Legal coordination: value and legal aspect
Shabashov E.A.
Abstract

The article reveals the value and legal content of legal agreement as a general legal category, which includes a set of methods for regulating legal relations on the basis of solidarity and the presence of mutual interest. The prerequisites for the formation of a modern understanding of the essence of legal agreement are given, and classical philosophical positions on the value characteristics of conciliation procedures are revealed. The features of the relationship between the nature of consensus as a result of legal agreement and the legal categories that are closely related to it are characterized. The value properties of coordination in law are determined, influencing society’s ideas about the sought category. The impossibility of using national and religious values as a basis for achieving public consent is substantiated. The interdependence of ensuring public law and order and increasing the level of legal culture as a secondary result of a long process of applying sustainable forms of conciliation procedures is revealed.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2023;9(4):108-113
pages 108-113 views

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