Vol 8, No 3 (2022)

Cover Page

Full Issue

Theoretical and historical legal sciences

About the phenomenon of «post-pandemic» reality and the social purpose of the state

Naumov A.G., Naumova T.A., Romanovskaya L.R.

Abstract

Until now, there is no single view on the concept of «state». Leading domestic and foreign legal institutions recognize this problem as highly controversial and not fully resolved. The concept of «state» came to us from ancient times and it will constantly change depending on the socio-political characteristics of the current historical period. The COVID -19 epidemic has made significant changes in the socio-economic way of life of a huge number of states, including Russia. Because of these processes, prerequisites have appeared for the formation of a still little-studied phenomenon of «post-pandemic» social reality, which needs a comprehensive study. The purpose of the article is to consider the concept, features, essence and social purpose of the state and the phenomenon of «post-pandemic» social reality. The objectives of the scientific article are to reveal the concept and identify the signs of the state, to analyze the essence and social purpose of the state on the example of the Russian Federation, consider the phenomenon of «post-pandemic» social reality and its impact on our country. The methodological basis of this research is the universal dialectical method of cognition, as well as general scientific and particular scientific methods: historical, systemic, formal-logical, methods of analysis and synthesis, induction and deduction, statistical, formal-legal, comparative-legal methods, methods of interpretation of law. Conclusions: each state is unique in its own way and has a number of specific features. At the same time, each state has generalizing features, such as territorial integrity, taxation, the presence of public authority, etc. The state will always remain in the focus of attention of many scientists due to their increased interest in the fundamental features of the state and its essence. The essence of the state is stable. However, it is impossible to neglect external and internal factors that can modify the essence of the state, make some adjustments to it, change the content. The Russian Federation will continue to strive by all available means to become a socially oriented power with highly developed social institutions, strong public support from state structures and a developed network of non-profit foundations. For this status, it has all the necessary tools at its disposal – rich cultural heritage, vast expanses with a huge amount of resources, and scientific and legal base. The phenomenon of «post-pandemic» social reality in the scientific space has appeared quite recently, but it quite clearly characterizes the fundamental changes that have occurred in the life of Russian society against the background of the protracted coronavirus pandemic. These changes affected not only the healthcare system, but also the development and integration of new technologies, the labor market, demographic indicators and many other indicators. The timely use of state reserves aimed at strengthening funding for industries in need, the ongoing training of highly qualified personnel, the development and implementation of proven innovations, and support for the socially vulnerable population will help to avoid such incidents in the future.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2022;8(3):7-18
pages 7-18 views

Public law (state-legal) sciences

Counteracting the distribution of counterfeit products in the EAEU conditions

Izgagina T.Y.

Abstract

The article is devoted to the issues of countering the spread of counterfeit products on the territory of the Russian Federation in the conditions of the functioning of the EAEU . The article presents statistical information characterizing the work of Russian customs authorities in this area. The measures taken by the member states of the EAEU for labeling products are analyzed; the problems of ensuring the protection of intellectual property rights when using national registers of trademarks – TROIS are considered. The author proposes measures to improve efficiency in ensuring the protection of intellectual property rights: harmonization of the legislation of the EAEU member states; take measures to make the EAEU TROIS work; creation at the supranational level of unified information systems, both in terms of functioning of the TRIP , and in terms of ensuring the traceability of labeled goods; law enforcement agencies should take comprehensive measures when investigating cases of administrative offenses and criminal cases, not limited only to identifying persons who directly sell counterfeit (falsified) goods, but should establish the entire “chain” of persons involved in offenses.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2022;8(3):19-31
pages 19-31 views

Information technology in the activity of a deputy: experience and prospects

Budaev A.M., Nadin A.N.

Abstract

This article discusses the topic of the need to use social networks in the activities of a deputy of a representative body of power. The coverage by a deputy of his professional activities, proposed legislative initiatives and, in general, his own position on a set of pressing life problems in various social networks and instant messengers helps to increase the political and legal culture of citizens, their involvement in the processes of organization and functioning of bodies and mechanisms for the implementation of public power. The fact that the subject distributing information on the official page (channel) in the social network (messenger) has a special public law status of a deputy of a representative body of power imposes on him both general obligations stipulated by the legislation on information, information technologies and information protection, as well as special prohibitions and restrictions arising from the requirements of the conscientious implementation of public interests. It is proposed to establish the obligation to maintain official pages and channels in social networks for deputies of representative bodies of the federal and regional levels of public authority, carrying out parliamentary activities on a permanent professional basis.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2022;8(3):32-41
pages 32-41 views

Private (civil) sciences

Questions of the admissibility of the use of modern evidence in the claim proceedings «screenshot»

Tkacheva N.N.

Abstract

This article examines the question of the admissibility of the use of a «screenshot» as evidence in the claim proceedings during the consideration and resolution of a civil case in court. Using a doctrinal approach, the formed concepts of the essence of such a type of proof as a «screenshot» are analyzed. Having established that for many scientists, the fundamental definition of a «screenshot» is a picture taken from the screen of a digital device, a distinction is made between a snapshot and a «screenshot». The controversial nature of attributing the «screenshot» to a separate type of evidence, written or material, is noted. Using the method of scientific knowledge of judicial practice, the article concludes that the courts have long been familiar with such evidence as a photograph and do not often use a “screenshot” as such, since there is no legal definition of a «screenshot», as well as mechanisms for fixing it and establishing the source from which the «screenshot» was taken. Judicial practice, in turn, has an impact on law-making and practical law enforcement. In the end, it is concluded that there is a need for a legislative settlement of controversial issues regarding such evidence as a «screenshot» in order to improve the effectiveness of the evidentiary procedure and the accessibility of justice in general.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2022;8(3):42-46
pages 42-46 views

Methods of enforcing obligations and the astrent institute in civil law of Russia

Zarapina L.V., Kuptsov N.S.

Abstract

The formation and development of human society, the deepening, expansion and complication of economic, economic and interpersonal relations between interacting subjects, as well as a high degree of integration and convergence of modern political, economic and legal systems of various states inevitably entail the formulation of significant scientific problems and challenges for researchers in a wide variety of fields. In this sense, the doctrine and practical implementation of the branch of civil law are no exception: the rapidly changing conditions of economic activity and trade and economic turnover naturally force the legislator and the scientific community to search for new, more modern and relevant instruments of legal regulation of a wide range of civil legal relations between subjects that in essence, they form the economic turnover within a particular society and state. This trend, with varying degrees of intensity, affects all sub-sectors and institutions of civil law, including ways to ensure civil law obligations: undoubtedly, today there are many ways for development. Ensuring the proper performance of civil obligations by the subjects of civil law is one of the most important and, as a result, controversial, “problematic” issues both in domestic and foreign civil law doctrine and in extensive law enforcement practice. In this regard, of central importance is the scientific consideration and study of specific ways to ensure the fulfillment of obligations, many of which are gradually being legally enshrined in the legislation of the Russian Federation. At the same time, due to the lack of real practical experience, as well as the insufficiency of doctrinal sources, the essence of many of them, as well as the relevance and necessity of their application, causes serious disagreement among the scientific and professional legal community. One of these institutions at this stage is the institute of astrent. The article is devoted to the consideration of some problematic aspects of determining the theoretical essence of astrent, which may affect subsequent clarifications or changes in the text of the relevant regulatory legal acts of the Russian Federation. The aim of the work is an attempt to determine the theoretical essence of the institute of astrent in connection with the dual nature of its most significant legal features.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2022;8(3):47-53
pages 47-53 views

Certain aspects of the legal regulation of remote work

Osipova S.V.

Abstract

The article deals with topical problems of legal regulation of remote work, the regulation of which has undergone significant changes in recent years. Attention is drawn to the fact that one of the signs of remote work is the performance of a labor function by an employee outside the territory or facility of the employer, and to the debatability of the issue of determining the workplace of a remote worker. It is noted that despite the application of general rules, changing the employment contract with a remote worker has its own characteristics. First of all, this is the possibility of concluding an appropriate additional agreement by exchanging electronic documents. Various options for such changes are being explored: the transfer of an existing employee to a remote form of employment, the abolition of remote work and return to the office, the establishment of hybrid employment, etc. It is proposed to establish in the Labor Code of the Russian Federation a list of grounds, in the presence of which the employer, at the request of the employee, is obliged to transfer the employee to a remote work format, or an indication of the list of categories of employees. The problems of the mode and accounting of the working time of remote workers are considered. The conclusion is made about the prospects of remote work for professions, areas of activity that have the ability to work remotely.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2022;8(3):54-60
pages 54-60 views

Criminal legal sciences

On the twenty-fifth anniversary of the restorative justice movement in Russia

Belonosov V.O.

Abstract

This article examines the controversial period of emergence and development of restorative justice in Russia. This domestic experience is compared with the modern European understanding of restorative justice and its fundamentals. It is acknowledged that our country has an interesting experience of restorative justice, documented in the «Restorative Justice Herald» and other documents, which we can be proud of thanks to the actions of a team of like-minded people in more than 30 regions of the country. But there are also difficulties. The attitudes towards restorative justice on the part of the authorities, law enforcement agencies and academia are analyzed. Attention was paid to the discussion of the model legal regulation of the concept of reconciliation in criminal proceedings, which took place on April 22, 2022 at the Department of Criminal Procedure of the North-West Branch of the Russian State University of Justice. As the social response of civil society to crime, restorative justice is based on fundamentally different principles from state governance. Such work requires a fundamentally new way of thinking and working. It is concluded that restorative justice in Russia is wrongly restricted. Comments are made on the model of legal regulation of conciliation in criminal proceedings from the perspective of the essential nature of restorative justice.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2022;8(3):61-69
pages 61-69 views

About the stages of exemption from criminal liability

Blagov E.V.

Abstract

the article establishes and analyzes the periods of exemption from criminal liability, which has not previously been subjected to scientific understanding. It is concluded that the stages of exemption from criminal liability are the adoption and consolidation of the decision on exemption from criminal liability. The first stage is the thought process. Decisions made at this stage are divided into primary and secondary. The first include decisions a) on taking into account the relevant circumstances and b) on the type of release. Secondary decisions are recognized upon release with the appointment of a court fine – about it, and upon release with the use of coercive measures of educational influence – about them. The second stage of exemption from criminal liability consists solely in fixing in a certain criminal procedural act the results achieved at the first stage. The shortcomings of criminal and criminal procedure legislation and the practice of its application are shown, which make it difficult to adopt and consolidate a decision on exemption from criminal liability.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2022;8(3):70-76
pages 70-76 views

Forceful counteraction to juvenile delinquency: overcoming taboos

Milyukov S.F., Nikulenko A.V.

Abstract

According to the official statistics, juvenile delinquency continues to decline steadily, which, of course, raises reasonable doubts both among scientists involved in the issue under consideration and some citizens. In their socially dangerous manifestations, they are becoming more and more daring and aggressive, the share of violent crimes in the overall structure of juvenile delinquency is only increasing. Fundamental approaches to the analysis and reassessment of the situation have not changed for a long time, creating the illusion of positive dynamics and sufficiency of measures taken to prevent juvenile delinquency. At the same time, countering socially dangerous manifestations of minors is «left to the mercy» of citizens who are directly confronted with such manifestations of gross uncontrolled aggression, teenagers who feel their impunity perfectly, most often acting in a group. In front of them even law enforcement officers often look powerless. However, recently more and more attention has been paid to the capabilities of citizens and law enforcement officers to legally resist criminal expansion. The authors do not call for strengthening the criminal responsibility of minors, given the already punitive beginnings of modern Russian criminal legislation, but it is still necessary to act decisively. It is advisable to «tighten» administrative legislation, which to some extent will reduce the feeling of impunity among adolescents and will obviously contribute to the prevention of socially dangerous manifestations on their part in the future. At the same time, it is necessary to change the attitude of both the legislator and the law enforcement officer to persons who show civil initiative in forcibly (by causing harm) countering socially dangerous acts, including those committed by minors or with their participation.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2022;8(3):77-87
pages 77-87 views

Some problems of qualification of crimes related to suicide

Nurkayeva T.N., Artamonova M.A.

Abstract

This article shows some of the problems that arise in the qualification of crimes related to suicide. These include: the definition of the form of guilt as part of the incitement to suicide; the moment of the end of the inclination to commit suicide; the differentiation of the main components of the incitement to suicide and the inclination to commit suicide, depending on the nature of the threat, etc. The ways of their solution are proposed, in particular, the opinion is defended that committing suicide is possible only with intent (direct or indirect), a careless form of guilt is excluded, since this contradicts the dangerous ways of committing it; it is proved that the moment of the end of the inclination to commit suicide is inextricably linked with the moment of manifestation in some form of suicidal behavior of the victim under the influence of illegal actions of the perpetrator.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2022;8(3):88-93
pages 88-93 views

Tribune of young scientist

Countering money laundering (legalization) in the context of digital transformation (financial legal aspect)

Sharaev P.S.

Abstract

The legal regulation of the sphere of money laundering prevention and the financing of terrorism is at the junction of several branches of law. This article attempts to analyze the norms of the relevant legislation through the prism of financial law. The purpose of this article is to determine the role and place of the concept of «money» in the legislation, as well as to determine the relationship between the process of digital transformation of money circulation and the current methods used by the legislator to prevent the use of finance for criminal purposes. The result of this article is the determination of prioritising of the legislation goals itself aimed at preventing money laundering and the financing of terrorism. As a conclusion it is proposed that the above-mentioned legislation is of the most applied nature and has specific practical goals, while the issue of development of legal regulation of monetary circulation is not among the priority goals.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2022;8(3):94-100
pages 94-100 views

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