Vol 8, No 2 (2022)

Full Issue

Events

All-Russian research and practical conference «Protection of rights by the prosecutor's office (on the 300th anniversary of the Russian prosecutor's office)»

Bezverkhov A.G.

Abstract

В связи с 300-летием российской прокуратуры, исполняющимся в 2022 году, и на основании Указа Президента РФ от 24.03.2021 № 163 «О праздновании 300-летия прокуратуры России» по всей стране проведены ряд мероприятий, посвященных этой знаменательной дате. В Самарской области праздник отмечен успешным проведением 20 мая 2022 года в Самарском национальном исследовательском университете имени академика С. П. Королева Всероссийской научно-практической конференции «Защита прав органами прокуратуры (к 300-летию российской прокуратуры)», организованной юридическим институтом Самарского университета, прокуратурой Самарской области, министерством образования и науки Самарской области, Самарским региональным отделением общероссийской общественной организации «Ассоциация юристов России».

Juridical Journal of Samara University. 2022;8(2):7-10
pages 7-10 views

Theory of law and state

Legal reality: philosophical and legal analysis

Lang P.P.

Abstract

This article presents a philosophical and legal study of the relationship between legal activity and legal reality, their definitions are formulated. The author illustrates theoretical and methodological aspects of interpretation of these categories. The analysis of the combination of legal reality, as well as legal memory, legal awareness, etc. is carried out. Theoretical and legal significance of the categories under consideration for the legal doctrine is determined.

Juridical Journal of Samara University. 2022;8(2):11-17
pages 11-17 views

Civil law

Features of legal regime of medical services

Kryukova E.S.

Abstract

The article provides a comprehensive analysis of legal regulation in the medical field, reveals the features of legal regime of medical services, defines the relationship between the concepts of «medical care» and «medical service». The author characterizes the legal and factual basis for the provision of medical services, identifies the problem of legal nature of the contract for the provision of medical services, and proves the need to strengthen the role of the contractual structure in the framework of receiving medical care under the compulsory medical insurance program. The article substantiates the need to differentiate the rights and obligations of the participants in relations that form their legal status in the healthcare sector in order to more clearly form the content of contractual obligation to provide medical services.

Juridical Journal of Samara University. 2022;8(2):18-24
pages 18-24 views

Purchaser’s right to repair medical equipment under COVID-19 pandemic

Likhter P.L.

Abstract

The article discusses certain aspects of the buyer’s rights to repair medical equipment during and after the expiration of the warranty period. Today, increasingly, some manufacturers limit the possibility of independent repairs by unreasonably highly integrating parts, technically unjustified complication of components, creating an artificial scarcity of spare parts in the market, preventing the work of independent service organizations and other controversial marketing strategies. The objectives of the study is to assess the limitations of the buyer’s rights to repair for the proposal of law enforcement proposals for respecting the balance of interests of the Parties under the Agreement; the elimination of the possibility of distorting civil law principles of conscientiousness and transparency. The tasks are permitted through the formal legal, regulatory, systemic, logical, comparative and theoretical and prognostic methods. According to the results of the work, the conclusions are formulated about the need to adjust the current legislation, including in the scope of manufacturers for the use of software that limits the repair of goods; unreasonably high degree of integration of blocks; failure to submit service documentation, as well as for electronic blocking of diagnostics, maintenance and repair of goods.

Juridical Journal of Samara University. 2022;8(2):25-30
pages 25-30 views

Criminal law

Obtaining sexual services from a minor (Article 240.1 of the Criminal Code of the Russian Federation): issues of theory and law enforcement

Aseev A.Y., Chekmezova E.I.

Abstract

The article presents an analysis of the corpus delicti under Article 240.1 of the Criminal Code of the Russian Federation, as well as the practice of applying the criminal law norm that establishes liability for obtaining sexual services from a minor. Based on the views available in the science of criminal law and law enforcement practice, the concept of the object of this kind of crime is formulated. The existence of an additional direct object is argued in theory, as well as the need to recognize a minor who provides sexual services as a victim of this crime. Special attention is paid to the problematic aspects of interpretation of certain terms («receipt», «any other consideration»), and to the qualification difficulties that arise in practice. Through lexico-grammatical analysis, the idea of the mixed nature of “any other consideration” is justified. The article reveals the features of the subjective side of the crime. A critical analysis of the ways offered by science to modernize the norm under consideration is given. The authors have made proposals to improve the legal and technical condition of Article 240.1 of the Criminal Code of the Russian Federation.

Juridical Journal of Samara University. 2022;8(2):31-41
pages 31-41 views

Criminal and penal law

Concept and types of crisis situations in institutions of the penitentiary system

Khokhrin S.A.

Abstract

This article is the result of a comprehensive study of the crisis situation, its concepts and types in relation to the penal system. The relevance of the article is due to the fact that the institutions of the penal enforcement system actively use a large amount of diverse conceptual apparatus associated with the introduction of a regime of special conditions in the event of natural, man-made or criminal situations, which significantly complicates the possibility of assessing the onset of negative consequences from their occurrence and the need to attract additional forces and funds of federal executive authorities. The purpose of the publication is to define the concept of crisis situations in relation to the penal system based on the analysis of the conceptual apparatus used in penitentiary institutions for the prevention and overcoming of crisis situations. The article uses such general scientific research methods as generalization, analysis and synthesis, concretization. As a result of the analysis of the legislative framework and the opinions of scientists, the main types of crisis situations of a criminal, natural or man-made nature have been identified. The author believes that the legislative consolidation of the concept of a crisis situation will improve the legislative framework and regulate issues of interaction between the Federal Penitentiary Service of Russia and other federal executive authorities in these situations.

Juridical Journal of Samara University. 2022;8(2):42-53
pages 42-53 views

Criminal procedure

Role of legal encouragement in improving the effectiveness of criminal proceedings

Rusman G.S.

Abstract

The article examines the importance of the institution of legal encouragement in improving the effectiveness of criminal procedural activities as an effective legal instrument. Analyzing the essence of efficiency in criminal proceedings, the author notes that the interest of society and the individual stems from social needs based on basic values, including those transmitted by the state. One of the value orientations can be considered the request of society for the effective implementation by the state of its public administrative function, ensuring the protection of the rights and freedoms of every citizen involved in criminal proceedings. The author comes to the conclusion that each of the participants in the criminal procedural relations has its own need arising from the legitimate interest provided for by the criminal procedural legislation. In this case, the institution of legal encouragement is one of the universal ways to achieve mutual benefit and efficiency of criminal procedural activities.

Juridical Journal of Samara University. 2022;8(2):54-59
pages 54-59 views

Administrative law and process

Integrity principle of sports competition: seeking certainty

Vasilyev I.A.

Abstract

The fall of 2021 in European football was marked by a pause in the Super League case: the Union of European Football Associations stopped disciplinary proceedings against the three clubs remaining in the status of organizers, and also canceled all mandatory payments to the confederation from the clubs that left the project. In a previous article, we looked at the UEFA Statutes and the UEFA Licensing and Financial Fair Play Regulations as possible sources of regulation that would have been violated by the emergence of new competition. However, the existence of UEFA regulation preventing the proliferation of organizers of football events on a European scale met with a possible obstacle from the economic-competitive guarantees provided in the provisions of the Treaty on the Functioning of the European Union. At the moment, UEFA is preparing to consider the dispute in the instances of European justice. One of the key arguments on the part of UEFA may be the violation by the Super League organizing clubs of the principle of the integrity of the competition (the integrity of sports). This will additionally update the meaning of the principle for sports justice. However, UEFA’s chances of a successful application of the principle seem low: this principle is too elastic and subjective, although it has been featured in the normative regulation of sports for a long time. In the present study, the author has analyzed all the disputes before the Court of Arbitration for Sport (CAS) in which the principle of the integrity of sporting events was declared. The conclusions made confirm the complexity of a convincing appeal to the principle of any sports subject.

Juridical Journal of Samara University. 2022;8(2):60-69
pages 60-69 views

Civil process

Legal regulation of the operation of oil and gas pipelines

Shuvatkina Y.N.

Abstract

The relevance of the chosen topic of the article is due to the lack of scientific research in the field of legal regulation of the operation of oil and gas pipelines. The article states that the legislation of the Russian Federation does not provide the concept of oil and gas pipelines. In the course of the study, the features of pipelines were identified and analyzed, which made it possible to give an appropriate legal definition of oil and gas pipelines. Also, the classification of pipelines was carried out in order to determine the place of oil and gas pipelines in the system of legal regulation. Taking into account the above pipelines classifications, an analysis of regulatory sources containing norms governing the operation of oil and gas fields was carried out, as a result of which their imperfection and insufficiency in relation to field and on-site pipelines was ascertained.

Juridical Journal of Samara University. 2022;8(2):78-81
pages 78-81 views

Interaction of the principle of independence of judges and the principle of independence of advocacy in civil proceedings

Fedina A.S.

Abstract

The article examines the forms of interaction of the eponymous principle of independence in the professional activities of a pleader and a judge in a civil process. The conditions of independence are necessary for the judge and the pleader to be free in political, economic and intellectual terms for the qualitative implementation of professional activities. The author concludes that the independence of a pleader, as well as the independence of judges, has its own limits in subordination to Constitution of Russian Federation and the law, guarantees of the independence of pleaders and judges are similar in content. Guarantees of the independence of professional activities of judges and pleaders in the Russian Federation are the organizational independence of the judicial system and the bar, the activities of the bodies of judicial and bar community, the ban on interference in their professional activities, as well as the ban on engaging in any activities other than those defined in the law. Mutual respect for judicial and pleader independence makes the procedural activities of the pleader and the court in civil proceedings more effective and rewarding.

Juridical Journal of Samara University. 2022;8(2):70-77
pages 70-77 views

Tribune of young scientist

Features of obtaining the testimony of a witness located on the territory of another state

Lanina V.S.

Abstract

This article examines the methods of obtaining the testimony of a witness located on the territory of another state. The author analyzes the importance of witness testimony in the field of proof, as well as what difficulties may arise in the course of their implementation. The essence and mechanism of the application of international legal assistance is noted when it is necessary to interrogate a witness located abroad, including options for notifying such witnesses through a diplomatic, special or direct method. In this case, the interrogation of a witness by a foreign court or other competent authority on the territory of a State is carried out when a court of one state applies to a court of another state with such a request. In addition, the parties or the witness himself have the right to apply to a notary both in the Russian Federation and abroad as part of the issue of securing evidence. The possibility of the witness’s participation in the trial using information technology, namely videoconferencing and web conference, is being considered.

Juridical Journal of Samara University. 2022;8(2):82-87
pages 82-87 views

Development of the academic discipline «Encyclopaedia of law» in Germany in XVIII–XIX centuries

Slobozhaninov O.K.

Abstract

The article deals consecutively with the beginning, development, heyday and downturn of the academic discipline of «encyclopaedia of l aw» in Germany with special accent on the period of XVIII–XIX centuries. The author presents the review of the most significant German encyclopaedias of law, edited since XVI until XIX centuries and the characteristics of its content. The paper includes the brief biographies of famous German lawyers-encyclopaedists such as Daniel Nettelbladt, Johann Stephan Pütter, Gustav Hugo, Heinrich Ahrens, Adolf Merkel (and the others), data on their main works and crucial views. The author observes the change of name and content of encyclopaedia of law as a legal academic discipline, its mutual influence on history, philosophy and legal academic disciplines. The article demonstrates the vast historical and theoretical material from the works of Russian pre-revolutionary lawyers such as N. M. Korkunov, N. K. Rennenkampf, F. V. Taranovsky, G. F. Shershenevich who researched in details the issues on becoming of encyclopaedia of law both as science and as an academic discipline. The author also enumerates the universities where the encyclopedia of law was taught as an academic discipline and presents some of its names.

Juridical Journal of Samara University. 2022;8(2):88-94
pages 88-94 views

Novelties of the federal legislation on municipal elections

Khubaeva D.F.

Abstract

The article examines the novelties of the draft federal law of the Russian Federation № 40361-8 «On the general principles of the organization of local self-government in a unified system of public authority». In the course of the analysis, the author notes the positive changes laid down in the draft law, for example, the refusal to form a representative body of a municipality through delegation, in favor of direct elections. It is emphasized that the local level of government is the most accessible and close to the majority of the population, and the replacement of direct elections with indirect procedures, such as delegation, when forming a representative body of local self-government, leads to the alienation of local residents from solving issues of local importance. The question is raised about the validity of the introduction of a single-level system of organization of local self-government by the draft law in the context of geographical accessibility of local self-government bodies and the possibility of the population of remote territories to participate in the formation of local self-government bodies. The author predicts that such a system is difficult to adapt to the conditions of the peculiarities of population settlement in the territory of the Russian Federation. In the author’s opinion, there is a negative tendency to strengthen the state vertical of power, which contradicts the democratic foundations of the state structure of the Russian Federation, enshrined in Article 12 of the Constitution.

Juridical Journal of Samara University. 2022;8(2):95-99
pages 95-99 views

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