V. V. Lazarev
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 107078, Russian Federation
The article studies knowledge about special area of being called “memology” (meme habitat). Memes are compared with genes in genetics in accordance with the ideas of R. Dawkins, and are considered as cultural information carriers.
Ideas and images of a state are a special kind of memes. The author looks at the state's meme as a specialized resource of compressed social information designed for prospective reframing updating. The article illustrates expressive memes, such as: “state — leviathan”, “state — machine”, “state — night watchman”. The content of a state's meme is capable of reproduction in itself and, due to its pragmatic life principle, can copy itself repeatedly under similar social conditions. But this happens with greater success, if social forces are connected to the spread, always concerned about the continuation of the meme's life. Outdated memes are destroyed revolutionarily, often ignoring the law of the negation of the negation.
A meme can be either positive or negative (a malicious meme virus). Virology in the state legal sphere is a policy. Here come new areas of rivalry, the struggle of memes for survival and at the same time the saturation of them with new viruses and the possibilities of their targeted use by the will of successful politicians. It is believed that the whole mechanism of the emergence of memes is based on imitation (the criterion is considered as fundamental).
The author believes that on both genetic and memetic levels, there is a struggle for existence, which is the struggle against all the obstacles to their existence, with all circumstances which reduce the chances of a longer life. There is a struggle for extermination, which is why the search is done for the most effective resources for that struggle. On the other hand, it should be taken into account that the foundation of a state is based on the meme of society and public authority, which in turn are to some extent derived from the personal qualities of members of society.
meme, state, classification of memes, simulacrum, evolutionary development, meme of power, state functions.
Lazarev V. V. State in the Light of Memology. Journal of Russian Law, 2020, no. 3, pp. 5—18. (In Russ.) DOI: 10.12737/jrl.2020.026
Agranovskiy K. V., Knyazev S. D. Pravlenie prava i pravovoe gosudarstvo v sootnoshenii znakov i znacheniy. Moscow, 2016.
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Chto takoe memy. Available at: https://memepedia.ru/about-memes/.
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A. V. Nesterov
Law Institute, Peoples' Friendship University of Russia, Moscow 117198, Russian Federation
Despite a long history of discussing the relationship between the legal categories of intangible goods and non-property rights, the issue of systematizing intangible goods is far from being resolved. Modern society only aggravates it with the advent of virtual goods and an increase in interest in personal data. The article uses a systematic approach, in particular, the categorical tensor one. As a result of the study, a categorical-tensor approach is described, the place of intangible goods in the system of goods is considered, human benefits, public and natural benefits are highlighted. The attention is focused on the benefits of a person as a biological person, legal entity and mental producer. The definition of the legal category of a person is given, which refers to the categories that characterize the bodily (natural), legally significant social and mental productive properties of a person. It is shown that intangible goods must be considered as existing goods, and material goods should be considered as real goods. The systematization of civil law benefits is based on a categorical approach. The category “intangible” (“existing”) is studied from the reflection theory view point. The first version of the category-tensor model for systematizing intangible goods is substantiated and presented. The article argues that in a legally significant situation constitutional freedoms are subjective goods, constitutional rights are legal instrumental goods, and legitimate interests are objective goods. In the proposed categorical tensor model for systematizing intangible (existing) goods, there are three categorical axes that reflect existing goods in the form of human goods, legally significant situational goods (subject (freedom), object (interest) and/or instrumental (rights)), as well as existing productive goods.
The benefits of a legal entity are a social phenomenon whose properties must be considered through interdisciplinary perspective, i.e. as a multidimensional phenomenon, in particular, from the view point of the tensor approach. At the same time, the main element in this approach should be legal categories, as the most general characteristics of properties of goods — subject to the study. The extensive experience of the author in the field of forensic examination and the development of a general theory of examination allows us to hope that the results obtained can activate the discussion on the subject under discussion. The complexity of mental production benefits requires further research, especially information benefits as information products produced by a person, which (information) as meta-information includes personal information/messages called personal data.
systematization, classification, good, intangible, existing, subject, tool, object, category, tensor, legal.
Nesterov A. V. Legal Category of Intangible (Existing) Goods and Their Systematization. Journal of Russian Law, 2020, no. 3, pp. 19—30. (In Russ.) DOI: 10.12737/jrl.2020.027
Amagyrov A. V. Peculiarities of legal protection of intangible benefits in the countries of the Anglo-Saxon legal family. Aktual'nye problemy rossiyskogo prava, 2016, no. 8, pp. 205—211. (In Russ.)
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Chernobel' G. T. Law as a measure of the social blessing. Zhurnal rossijskogo prava = Journal of Russian Law, 2006, no. 6, pp. 83—95. (In Russ.)
Dontsov D. S. The Body of a living person as an intangible benefit and civil protection of his physical integrity. Meditsinskoe pravo, 2011, no. 2, pp. 38—41. (In Russ.)
Efremova T. F. New dictionary of Russian language. Sensible-educational. Moscow, 2000. 1209 p.
Ermolova O. N. Intangible benefits: the essence and features of the legal structure. Tsivilist, 2012, no. 3. (In Russ.)
Fedotov D. V. The Doctrine of incorporeal property in the Anglo-Saxon legal system. Rossiyskiy yuridicheskiy zhurnal. Elektronnoe prilozhenie, 2012, no. 1, pp. 26—31. (In Russ.)
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Maleina M. N. The concept and types of intangible benefits as objects of personal non-property rights. Gosudarstvo i pravo, 2014, no. 7. (In Russ.)
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Nesterov A. V. Expertise: General theory of expertise. Moscow, 2014. 261 p. (In Russ.)
Nesterov A. V. Originality and uniqueness of the content and the original. Pravo intellektual'noy sobstvennosti, 2016, no. 4, pp. 4—8. (In Russ.)
Nesterov A. V. The Ratio of categories of reflection and display, as well as their relationship with the category of information. Nauchno-tekhnicheskaya informatsiya. Seriya 2: Informatsionnye protsessy i sistemy. 2018, no. 3, pp. 1—5. (In Russ.)
Nokhrina M. L. Concept and characteristics of intangible property: the law and science of civil law. Pravovedenie, 2013, no. 5, pp. 143—160. (In Russ.)
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Serebryakova A. A., Varyushin M. S. State legal regulation of the use of human tissues as special objects of civil law for the purposes of transplantation (comparative study). Meditsinskoe pravo, 2012, no. 2. (In Russ.)
Storme M. E. Property Law in a Comparative Perspective. London, 2004.
Trofimova T. V. The System approach to the classification of personal non-property rights in civil law. Vestnik Omskogo gosudarstvennogo universiteta. Seriya “Pravo”, 2008, no. 3. (In Russ.)
E. M. Bukhvald
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
An important place in the practice of public administration in the Russian Federation belongs to the meso-level, acting within the framework of a single power-management vertical. Traditionally this level of administration is associated with macro-regions, which concentrates a number of constituent entities, not only geographically adjacent, but also characterized by approximately equal climatic conditions, problems of socio-economic development, etc. In a country like Russia, which has not only exceptional spatial parameters, but also great internal diversity, the role of meso-level governance is particularly important. Moreover, without a clearly defined role of macro-regions it's impossible to realize the transition to an integrated system of strategic planning. Until recently, especially within the management context, the idea of the analogy of macro-regions with federal districts dominates, which actually elaborate their own development strategies. In this regard, the participation of federal districts in the emerging system of strategic planning in the country also seems logical. However, legislation in force on strategic planning as participants of such planning are indicated as macro-regions, but not federal districts. Being numerated in the Strategy of spatial development of the Russian Federation, these macro-regions only partly coincide with federal districts. As a result, the realization of federaldistricts' function as a participant of strategic planning system meets definite obstacles. The task set by the author of this article is to identify obstacles to the inclusion of federal districts in the system of strategic planning and to indicate the possibility to overcome these obstacles. The study shows that empowering districts with the powers of participants (subjects) of such planning can significantly increase the role of macro-regional strategies as a link between the strategies at the federal and local levels.
The research methods are based on the analysis of the existing legal framework on spatial strategic planning and the formation of meso-level planning.
The author makes proposals concerning strengthening legal and institutional foundations of mesolevel strategic planning as a condition for a more complete coordination of the federal and regional strategies and improving the efficiency of the federal policy on regional development as a whole.
macroregions, interregional interaction, strategic planning, constituent entities of the Russian Federation, federal districts.
Bukhvald E. M. Strategic Spatial Planning: Macro-Regions аnd Constituent Entities of the Russian Federation. Journal of Russian Law, 2020, no. 3, pp. 31—44. (In Russ.) DOI: 10.12737/jrl.2020.028
Bukhval'd E. M., Pogrebinskaya V. A. Strategic planning in Russia: historical experience and realities of the economy. Federalizm, 2014, no. 4 (76). (In Russ.)
Dem'yanenko A. N. On the main stages of strategic decisions in the economy of the Russian Far East. In New economic policy in the Russian Far East: institutions, tools, problems, solutions. Khabarovsk, 2018. Pp. 5—19. (In Russ.)
Erokhina E. V. The process of creating a system of federal districts in modern Russia. Ekonomicheskiy analiz: teoriya i praktika, 2013, no. 26 (329). (In Russ.)
Kovalenko E. G., Polushkina T. M. Conceptual approaches to the state regulation of spatial development of Russia. Vestnik Nizhegorodskogo gosudarstvennogo inzhenernoekonomicheskogo instituta, 2019, no. 4 (95). (In Russ.)
Kozhevnikov S. A. Strategy of spatial development of the Russian Federation and prospects of transformation of the Russian space. Voprosy territorial'nogo razvitiya, 2019, iss. 3 (48). (In Russ.)
Kuzyk B. On the formation of a system of strategic management of modernization and development of the Russian economy. Ekonomicheskie strategii, 2014, no. 2. (In Russ.)
Litvintseva G. P., Lisitsin A. E. The assessment of the socio-economic potential of the regions of the Siberian federal district. Vestnik Kemerovskogo gosudarstvennogo universiteta. Seriya: Politicheskie, sotsiologicheskie i ekonomicheskie nauki, 2018, no. 2. (In Russ.)
Minakir P. A. Far Eastern institutional innovations: the imitation of a new stage. Prostranstvennaya Ekonomika, 2019, vol. 15, no. 1. (In Russ.)
Proydakova V. E. On the issue of organizational and legal basics for the ensuring the activities of authorized representatives of the President of the Russian Federation in federal districts. Regional'naya ekonomika, 2013, no. 15. (In Russ.)
Selimkhanov Z. Genesis of the macroregion within the system of state administration. Ekonomika i upravlenie: problemy, resheniya, 2018, vol. 2, no. 6. (In Russ.)
Sosina I. A. The main trends of state regional policy in the Far Eastern Federal district. Vlast', 2015, no. 4, pp. 42—44. (In Russ.)
Timofeev P. T. Regional policy of the state: some problems of development and implementation. Sotsiologiya vlasti, 2010, no. 8. (In Russ.)
Trofimova N. V. Structural shifts in regional economies of the Russian Federation. Ekonomika i upravlenie: nauchno-prakticheskiy zhurnal, 2018, no. 4 (142). (In Russ.)
V. A. Dementyev
Administration of the Governor of the Moscow Region, Krasnogorsk-7 143407, Russian Federation
The article deals with the correlation between the political preferences of voters expressed in the voting for lists and the results of the elections in case of the mixed electoral system.
The aim of the study is to identify factors that create conditions for distorting the will of voters when converting voting results into election results, which is expressed in the presence of imbalances between the results of voting for lists of candidates and the number of deputy seats received by representatives of various political forces. The article analyzes the nature and extent of the impact of mandates distribution methods between lists of candidates on the election results in conditions typical for municipal elections the distribution of a small number of seats. The issue of the influence of the majority component of the mixed electoral system on the election results and the dependence of this influence on specific parameters of the mixed electoral system are also considered.
The author analyzes the features of the distribution of mandates in the proportional electoral system and characterizes the most widespread methods of distribution and their impact on the election results. A practical example simulates results of applying various methods for distributing mandates and demonstrates the possibilities of distorting the principle of proportionality, which are expressed in the provision of additional mandates to individual candidate lists. Through a comparative analysis of results of elections held in individual municipalities in different years and with different parameters of the electoral systems, a relationship is revealed between the imbalances in the distribution of mandates and the application of a relative majority in elections as a separate type of electoral system, and as a component mixed election system.
The conclusion is formulated on the significant impact of the methodology for the distribution of mandates and the parameters of the mixed electoral system on the results of municipal elections. Methods are proposed for eliminating the identified opportunities for distorting election results by strengthening the proportional component of municipal elections.
municipal elections, electoral process, proportional electoral system, distribution of mandates, political parties.
Dementyev V. A. Ensuring Proportionality of Political Representation at the Local Level: Features and Problems. Journal of Russian Law, 2020, no. 3, pp. 45—57. (In Russ.) DOI: 10.12737/jrl.2020.029
Aleskerov F. T., Orteshuk P. Election. Vote. Parties. Moscow, 1995. 208 p. (In Russ.)
Aleskerov F. T., Platonov V. V. Systems of Proportional Representation and Indexes of the Representativeness of Parliament. Moscow, 2003. 40 p. (In Russ.)
Elections of Deputies of the Duma of the city of Tolyatti at September 8, 2013. Available at: https://tinyurl.com/ycqk7qhv (accessed 11.09.2016). (In Russ.)
Ivanchenko A. V., Kynev A. V., Lyubarev A. E. Proportional Electoral System in Russia: History, Current State, Prospects. Moscow, 2005. 332 p. (In Russ.)
Kayunov O. N. The Invisible Logic of Electoral Laws. Moscow, 1997. 47 p. (In Russ.)
Kryukov V. A. The Optimal Proportionality. Zhurnal o vyborakh, 2009, no. 4/5, pp. 111—112. (In Russ.)
Kynev A. V., Lyubarev A. E., Maksimov A. N. The Final Competition, Electoral Dynamics and Regularities of the Results of the Election Campaign 2017. Analytical Report on Election's monitoring of September 10, 2017. Available at: https://komitetgi.ru/analytics/3446/ (accessed 24.02.2018). (In Russ.)
Lyubarev A. E. On the Problems of Application of the Proportional Electoral System on Local Elections. Konstitutsionnoe i munitsipal'noe pravo, 2011, no. 10, pp. 68—72. (In Russ.)
Regional and Local Elections of September 8, 2013: Trends, Problems and Technologies. Moscow, 2014. 312 p. (In Russ.)
V. K. Andreev
Russian State University of Justice, Moscow 117418, Russian Federation
The article is based on the provisions of the National Strategy for the Development of Artificial Intelligence for the period until 2030. It argues that the adaptation of normative regulation regarding human interaction with artificial intelligence should not be based on the construction of digital legal relations and the creation of digital law as a regulatory environment along with the classical right. It rather should be organically incorporated as technological solutions into the economic life, where the will, in particular, of the investor is expressed through technical facilities of innovation platforms. The Civil Code of the Russian Federation should improve the database as an independent result of intellectual activity and exclude it from the composite work. It is proposed to consider utilitarian digital law as a symbiosis of an object of civil law with civil law itself, which exists in the operator's investment platform. Investment contracts are concluded automatically by means of information technology and technical means of the investment platform (without human intervention). It is also based on the information that the person, who attracts the investment and the investor himself, provide to the operator of the investment platform under information service agreements. An analysis of the use of information technology in the investment activities of legal entities and individual entrepreneurs shows that the traditional elements of the regulation of public relations receive a kind of expression in the subjective rights of the owner, their impact on the object and the conclusion of investment agreements by expressing the will of the investor, who uses the technical means of the investment platform.
information, artificial intelligence database, information (investment) platform, operator of the investment platform, digital law, contract for the provision of services for the provision of information, object of civil rights, subjective civil law, legal relationship, owner of the digital right.
Andreev V. K. Dynamics of Regulating Artificial Intelligence. Journal of Russian Law, 2020, no. 3, pp. 58—68. (In Russ.) DOI: 10.12737/jrl.2020.030
Andreev V. K. Subjective Civil Law and other Manifestations of Will and Interest in the Activities of Legal Entities. Zhurnal rossijskogo prava = Journal of Russian Law, 2018, no. 8, pp. 58—68. DOI: 10.12737/art_2018_8_6 (In Russ.)
Andreev V. K. Thing as an object of civil rights. Grazhdanskoe pravo, 2014, no. 1. (In Russ.)
Bondar N. S. Information and Digital Space in the Constitutional Dimension: From the Practice of the Constitutional Court of the Russian Federation. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 11, pp. 25—42. DOI: 10.12737/jrl.2019.11.2 (In Russ.)
Civil Law. Vol. 1. Ed. by Yu. K. Tolstoy. Moscow, 2013. (In Russ.)
Dyatkov S. A., Mar'yanenko V. P., Salishcheva T. A. Information and network economy, Structure, dynamics, regulation. Moscow, 2019. (In Russ.)
Gambarov Yu. S. The Civil law. Common part. Moscow, 2003. (In Russ.)
Gorodov O. A. Digital relationship: the species and the contents. Pravo i tsifrovaya ekonomika, 2019, no. 3 (05). (In Russ.)
Gorodov O. A. On the legal protection of big data. Legal regulation of digital economy in modern conditions of high-tech business development in national and global context. Ed. by V. N. Sinyukov, M. A. Egorova. Moscow, 2019. (In Russ.)
Kalyaev I. The Effect of the washing machine. Rossiyskaya gazeta, 2019, June 26 (In Russ.)
Kozyrev N. A. The digital economy and the digitization in historical perspective. Tsifrovaya ekonomika i pravo, 2018, no. 3 (1). (In Russ.)
Minbaleev A. V. Digital relationship: concept, types of structure objects. Digital Law. Ed. by V. V. Blazheev, M. A. Egorova. Moscow, 2020. (In Russ.)
Sinitsyn S. A. Absolute and Relative Subjective Civil Rights: Theoretical Issues. Zhurnal rossijskogo prava = Journal of Russian Law, 2016, no. 2, pp. 55—62. DOI: 10.12737/17644 (In Russ.)
Sinyukov V. N. The Concept and significance of digital law in the modern legal system. Digital Law. Ed. by V. V. Blazheev, M. A. Egorova. Moscow, 2020. (In Russ.)
Ternovaya O. A. The Main trends in the development of foreign legislation. Moscow, 2019. (In Russ.)
Trofimova E. V. Information about business entities in unified state registers — a black hole in the galaxy of big data. Predprinimatel'skoe pravo, 2019, no. 3. (In Russ.)
D. V. Lorents
Immanuel Kant Baltic Federal University, Kaliningrad 236016, Russian Federation
From June 1, 2019 in Russia, it is possible to inherit property under a hereditary contract that allows establishing the counterparty's obligations to provide care to the testator. For the Russian law and order such relations may form previously unknown factual circumstances for limiting vindication in accordance with Article 302 of the Civil Code of the Russian Federation. It is a case if a bona fide heir acquires an individual asset from an unauthorized ancestor, who previously received a counter payment.
The research aims to determine the place of the hereditary contract in the system of paid, synallagmatic contracts for understanding the prospects of vindication of property acquired under such an agreement. This requires the solution of the following tasks: 1) to clarify the legal nature of the contractual last will of the ancestor in Russia and Germany; 2) to distinguish the hereditary contract and the rent; 3) to highlight the subject and price in the inheritance agreement; 4) to substantiate the abstraction of ancestor's disposals in relation to the care by the counterparty or to recognize the counter nature of the relationship; 5) to differentiate onerous, mutual and bilateral inheritance contracts and distinguish them from contracts in favor of third parties.
The methodology of comparative studies is used to analyze the hereditary contract in Russia with the ability to adopt the traditions of the German legal doctrine.
In the literal interpretation of Article 11401 of the Civil Code of the Russian Federation, the Russian model of the hereditary contract does not exclude the causal dependence of the ancestor's disposals on the duties of the heir, so there are grounds for qualifying such a contract as paid. If the domestic legal doctrine and court practice accept the German approach on the independence of the obligation to care for the ancestor, then such heir's actions do not counter character insofar as the disposal in case of the death may be abstract. This can have a significant impact on the vindication of the property.
vindication, bona fide heir, hereditary contract, contract for payment, mutual contract, rent.
Lorents D. V. On the Issue of Reciprocity of the Hereditary Contract for the Purposes of Vindication. Journal of Russian Law, 2020, no. 3, pp. 69—80. (In Russ.) DOI: 10.12737/jrl.2020.031
Brox H., Walker W.-D. Erbrecht. 28. Auflage. Munchen, 2018. 538 s.
Budylin S. L. A deed with the deceased. Inheritance law reforms in Russia and internationally. Zakon, 2017, no. 6, pp. 32—43. (In Russ.)
Burandt W., Rojahn D., Balomatis A. Erbrecht. Kommentar. 3. Auflage. Munchen, 2019. 2050 s.
Bushlyakova D. V. To a question of problems of application of the hereditary contract in the Russian Federation. Evraziyskaya advokatura, 2015, no. 4 (17), pp. 50—52. (In Russ.)
Ennektserus L. German Civil Law Course: Introduction and General Part. Vol. 1. Moscow, 1950. 483 p. (In Russ.)
Frank R., Helms T. Erbrecht. 7. Auflage. Munchen, 2018. 383 s.
Fundamentals of inheritance law in Russia, Germany, and France. Ed. by E. Yu. Petrov. Moscow, 2015. 271 p. (In Russ.)
Gorina N. A. Hereditary contract as the third type of inheritance in civil law of Russia: to be or not to be? Biznes. Obrazovanie. Pravo, 2018, no. 2 (43), pp. 260—264. (In Russ.)
Gursky K.-H., Lettmaier S. Erbrecht. 7. Auflage. Heidelberg, 2018. 206 s.
Inheritance law: article-by-article comment to articles 1110—1185, 1224 of the Civil Code of the Russian Federation. Ed. by E. Yu. Petrov. Moscow, 2018. 656 p. (In Russ.)
Lange K. W. Erbrecht. 2. Auflage. Munchen, 2017. 1075 s.
Scherer S. Munchener Anwalts-Handbuch Erbrecht. 5. Auflage. Munchen, 2018. 2412 s.
E. V. Avdeeva, A. V. Danilov-Danilyan, A. A. Lebedeva
E. V. Avdeeva, A. V. Danilov-Danilyan
All Russia Public Organization “Business Russia”, Moscow 127473, Russian Federation
E-mail: firstname.lastname@example.org; email@example.com
A. A. Lebedeva, Moscow Academy, Investigative Committee of the Russian Federation, Moscow 125080, Russian Federation
Protecting the rights of entrepreneurs in criminal proceedings is the basis for a favorable business and investment climate, and for economic development. The authors address such important issues as bringing representatives of the business community to criminal liability in connection with nonperformance of a state contract under part 4 of article 159 of the Criminal Code of the Russian Federation. Investigative and court practice in the sphere of fulfillment of public contracts is developing in such a way that theft not classified as committed in the framework of entrepreneurship guilty that, in the authors' view deprives the subjects of the crime-entrepreneurs of the safeguards provided for by the legislator. In a number of cases, the lack of proper qualifications, the establishment of intent to commit a crime, leads to an unjustified recognition of criminal responsibility, rather than settlement within the framework of a civil dispute, creating negative preconditions for further use of the criminal process as a means of pressure on business.
The purpose of this article is to consider the main points that affect the erroneous qualification of non-performance of state contracts on the part of entrepreneurs. The task is to determine whether the act of non-performance of a state contract belongs to the general structure or to a special one defined by part 5—7 of article 159 of the Criminal Code of the Russian Federation, and also to establish whether the specified fraud was committed directly in the sphere of business activity. So, according to the authors, the analysis of all elements of the criminal act under part 5—7 of article 159 of the Criminal Code of the Russian Federation, and elements of the crime in connection with deliberate nonperformance of state contracts allowed us to reasonably answer the questions posed.
The authors of the article conclude that the erroneous qualification of fraud in the sphere of state contracts is unfavorable both for the favorable economic climate within the state and for individual economic entities. For example, not attributing the execution of the terms of the state contract to business activity, not qualifying the act in accordance with part 5—7 of article 159 of the Criminal Code of the Russian Federation leads to destructive consequences for both the entrepreneur and the economy as a whole: the business quickly comes to the point of bankruptcy, workers lose their jobs, the state budget loses income in the form of tax revenues and deductions of such an organization, the entrepreneur loses the opportunity to repair the damage, and provided opportunities to escape criminal punishment.
state contract, theft, fraud, entrepreneur, business activity, investment, criminal liability.
Avdeeva E. V., Danilov-Danilyan A. V., Lebedeva A. A. Problems of Qualification of Funds' Embezzlement in the Execution of a State Contract as Crimes in the Sphere of Business Activity. Journal of Russian Law, 2020, no. 3, pp. 81—94. (In Russ.) DOI: 10.12737/jrl.2020.032
Borovikov V. B., Smerdov A. A. Criminal Law, General and Special Parts. Ed. by V. B. Borovikov. Moscow, 2014. 717 p. (In Russ.)
Commentary on the criminal code of the Russian Federation. Ed. by A. E. Zhalinskiy. Moscow, 2010. (In Russ.)
Kolokolov N. A. New old fraud. Yurist predpriyatiya v voprosakh i otvetakh, 2013, no. 2. (In Russ.)
Ozhegov S. I., Shvedova N. Yu. Explanatory dictionary of the Russian language. Moscow, 2008. (In Russ.)
Potapov O. Yu. Criminal liability in liability law. In the collection. Actual problems of the law of obligations and the arbitration process. Perm', 2017. (In Russ.)
Russian Legislation X—XX centuries. Moscow, 1985. Vol. 2. (In Russ.)
Sem'yanov E. V. Illegal business. Features of holding to account. Arbitrazhnoe pravosudie v Rossii, 2009, no. 3. (In Russ.)
Sidorenko E. L. Crimes in the field of entrepreneurial activity: problems of legal identification. Obshchestvo i pravo, 2015, no. 4 (54). (In Russ.)
V. A. Kurbenkov, A. Yu. Novoseltsev
Far Eastern Federal University, Vladivostok 690091, Russian Federation
E-mail: firstname.lastname@example.org; email@example.com
This article analyzes the nature of bullying and the problems of its prevention in Russian schools. Bullying prevention should take into account the actual state of this phenomenon in Russian schools and proceed from adequate representations of human behavior. Unfortunately, the legislation on education and prevention of juvenile delinquency does not take into account the public danger of bullying and is populist in nature.
The authors consider bullying as a consequence of the process of formation of adolescent hierarchies that is not controlled by adults. Its public danger is not limited to disorganization of the educational process and can go far beyond the school. Ruffian youth groups pose a real threat to the population and are being transformed into mafia organizations.
According to the authors, at present, based on the powers granted by law, the school cannot objectively be a subject of prevention of juvenile delinquency. Educational institutions do not have real opportunities to maintain discipline, cannot expel the offender, the order of their interaction with the police department is not defined. Only after solving these problems it will be possible to raise the question of the responsibility of education workers for the facts of bullying in school and the emergence of hooligan groups. At present, such responsibility is nothing more than an objective imputation.
Criminal-legal signs of bullying are fully covered by the composition of hooliganism and therefore the establishment of independent responsibility for bullying is not required. But at the same time, it is necessary to make changes to the wording of article 213 of the Criminal Code (hooliganism). The authors propose to return to the definition of hooliganism in the RSFSR Сriminal Сode of 1922 as an act associated with disrespect for the individual.
adolescent hierarchy, bullying, hooliganism, right to education, prevention of juvenile delinquency.
Kurbenkov V. A., Novoseltsev A. Yu. Bullying in Russian Schools: the Legal Problems of Prevention. Journal of Russian Law, 2020, no. 3, pp. 95—102. (In Russ.) DOI: 10.12737/jrl.2020.033
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M. S. Mateykovich
Second Cassation Court of General Jurisdiction, Moscow 121357, Russian Federation
The institution of civil claim in criminal proceedings provides effective protection for victims. The Russian criminal procedure law provides for a simplified procedure for compensation for damage caused by a crime, has a long history, fully meets modern international standards, and ensures equality and competitiveness of the parties to the trial. However, in judicial practice, questions arise regarding the procedure for considering such claims, the ratio of the status of the victim and the civil plaintiff, the amount of fair compensation for moral damage, etc.
The main goal of the study is to develop recommendations for improving the legal regulation of the relations under consideration. To achieve this goal, the tasks are to conduct a detailed scientific review, summarize the legal positions of the constitutional and Supreme courts of the Russian Federation, analyze the sentences of courts of general jurisdiction in criminal cases with resolved civil claims, identify possible contradictions, determine their causes, and formulate proposals for their elimination.
The research material was 268 court decisions in criminal cases, reviewed by analyzing their content, comparing, summarizing, and statistical processing of digital data.
The author considers the approach to the resolution of a civil claim as a secondary task of a criminal trial unacceptable, points to a significant proportion of sentences with an unresolved civil claim, notes the high demand for explanations of the Supreme Court of the Russian Federation on disputed issues, and draws attention to the need for thorough verification of the legality and validity of decisions on civil claims by higher courts. Trends in resolving civil lawsuits for tax crimes, cases related to causing harm to human health, criminal violations of traffic rules and vehicle operation have been identified.
criminal proceedings, civil claim, compensation for property damage, compensation for moral damage.
Mateykovich M. S. Civil Claim in Criminal Proceedings: Law, Doctrine, Court Practice. Journal of Russian Law, 2020, no. 3, pp. 103—118. (In Russ.) DOI: 10.12737/jrl.2020.034
Anganzorov O. V. Whether it is Necessary to Recognize the Injured State. Zakonnost', 2017, no. 9, pp. 54—55. (In Russ.)
Boyko A. I. The Beaten one is Carrying the Unbeaten one. Sud'ya, 2017, no. 11, pp. 23—29. (In Russ).
Bozh'ev V. P. Civil Claim in a Criminal Case as a Subject of Criminal Procedural Relations. Rossiyskiy sledovatel', 2011, no. 16, pp. 16—19. (In Russ.)
Bozh'ev V. P. Civil Claim in Criminal Proceedings. Zakonnost', 2004, no. 7, pp. 2—5. (In Russ.)
Elinskiy A. V. Constitutional Dimension of Criminal Law. Sravnitel'noe konstitutsionnoe obozrenie, 2012, no. 3, pp. 159—176. (In Russ.)
Grigor'ev N. E. Implementation of Powers of the Prosecutor at the Request of Civil Claims in Criminal Proceedings. Zakonnost', 2017, no. 2, pp. 12—14. (In Russ).
Justice in the Modern World. Ed. by V. M. Lebedev, T. Y. Khabrieva. Moscow, 2012. 704 p. (In Russ.)
Khromova N. M. Features of Compensation of Damage in Judicial Activity. Zhurnal rossijskogo prava = Journal of Russian Law, 2013, no. 11, pp. 58—66. DOI: 10.12737/1208 (In Russ.)
Mateykovich E. A. The Quality of Obstetric and Gynecologic Care and the Protection of a Physician's Interests in Judicial Proceedings. Akusherstvo i ginekologiya, 2018, no. 6, pp. 2—98. DOI: 10/18565/aig.2018.6.92-98 (In Russ.)
Mateykovich M. S. Implementation of Constitutional Norms and Protection of Human Rights in Domestic Criminal Proceedings. Zhurnal rossijskogo prava = Journal of Russian Law, 2018, no. 5, pp. 26—35. DOI: 10.12737/art_2018_5_3 (In Russ.)
Momotov V. V. The Russian Judicial Reform in 2018: Concept, Objectives, Content (Part I). Zhurnal rossijskogo prava = Journal of Russian Law, 2018, no. 10, pp. 134—146. DOI: 10.12737/art_2018_10_13 (In Russ.)
Savin K. G. On the Influence of Criminal Acts on the Calculation of the Limitation Period. Vestnik grazhdanskogo prava, 2017, no. 3, pp. 104—134. DOI: 10.24031/1992-2043-2017-17-3-104—136 (In Russ.)
Sedelkina V. V. Who Is the Civil Plaintiff in a Criminal Procedure Reviewing Tax Crime Cases? Nalogi, 2018, no. 3, pp. 30—32. (In Russ.)
Shestak V. A. On some Peculiarities of Filing and Maintaining a Civil Claim in Judicial Proceedings on Criminal Cases. Rossiyskaya yustitsiya, 2017, no. 2, pp. 62—65. (In Russ.)
Soynikov M. A. Civil Lawsuit in Criminal Procedure: History, Modern State, Prospects. Arbitrazhnyy i grazhdanskiy protsess, 2017, no. 10, pp. 60—64. (In Russ.)
Sushina T. E. Civil Suit as a Part of Criminal Case: Theory and Practice. Zhurnal rossijskogo prava = Journal of Russian Law, 2016, no. 3, pp. 136—147. DOI: 10.12737/18039 (In Russ.)
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E. S. Ganicheva
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
The article deals with specific forms of application of special knowledge in the consideration of civil cases by arbitration courts. They should include the institute of arbitration assessors, since their participation in the administration of justice may be associated with the need to use special knowledge in the field of economics, finance, and management. The author believes that due to the sharp reduction in the number of cases considered by arbitration courts in a collegial manner with the participation of jurors, this form of implementation of the constitutional right of citizens to participate in the administration of justice requires a more constructive approach on the part of the state and society. The legal status of arbitration assessors differs radically from the procedural and legal status of competent persons who assist in the administration of justice, in particular, experts and specialists. Nevertheless, they are united by the semantic unity of the legal category “special knowledge” and the commonality of the attribute that is objectively inherent in these participants in the process.
It also highlights issues related to the introduction of a specialist's procedural figure in domestic civil proceedings, as well as the appearance of a new type of evidence in the arbitration process — expert advice. Special attention is paid to the comparative analysis of the rules governing the legal status of a specialist in civil, arbitration and criminal proceedings, as well as its role in the process of proving and cognitive activity of the court.
Based on the study of arbitration law and practice conclusions about the imperfection as the common norms of the Arbitration Procedural Code of the Russian Federation, which regulates the participation of a specialist in the arbitration process, and special rules relating to the activities of the Court for intellectual property rights.
arbitration assessors, specialist, expert, special knowledge, Intellectual Property Rights Court.
Ganicheva E. S. Features of Applying Special Knowledge in the Arbitration Process. Journal of Russian Law, 2020, no. 3, pp. 119—131. (In Russ.) DOI: 10.12737/jrl.2020.035
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Gabov A. V., Ganicheva E. S., Glazkova M. E., Zhuykov V. M. i dr. Concept of Single Civil Procedure Code: Suggestions of the Institute of Legislation and Comparative Law under the Government of the Russian Federation. Zhurnal rossijskogo prava = Journal of Russian Law, 2015, no. 5, pp. 5—25. DOI: 10.12737/10714 (In Russ.)
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M. D. Napso, M. B. Napso
North Caucasian State Academy, Cherkessk 369000, Russian Federation
E-mail: firstname.lastname@example.org; email@example.com
The article is devoted to the analysis of the socio-economic and legal foundations of the new special tax regime for the self-employed-the tax on professional income. The problem is particularly relevant because of the particular severity of the problem of legalizing shadow employment for tax purposes. Based on this, the authors set out to study the feasibility and justification of the proposed mechanism for legalizing the self-employed population. Among the tasks set, in addition to studying the features of legal regulation, such as: reviewing the problem for compliance with the principles of taxation and taking into account the difference in the position of taxpayers and non-payers of taxes; identifying the essential problems of the tax system that caused the adopted version of legal regulation; studying the most promising solutions to the problem of legalization.
The methodological basis of the study was the principles of comprehensiveness, integrity, system and objectivity.
As a result of the research, the authors come to the conclusion that the choice of legalization mechanisms should be based on the established fundamental scientific design and its principles. The authors consider it unacceptable to adopt legal norms that run counter to the basics of taxation. The second most important conclusion is the thesis that a wide range of preferential incentive measures should be applied to bona fide payers, rather than non-payers of taxes. Noting the emerging trend of consistent evasion of the state from performing the duty to collect taxes due to the high cost, the authors insist on the need for additional legal regulation of the obligation not only to pay the tax, but also to collect it. The authors do not see the need to introduce a new tax regime, considering it more appropriate to adapt existing ones, but insist on introducing new forms of tax control, in particular, control procurement, giving the problem of improving tax control mechanisms of paramount importance.
self-employed, legalization, special tax regimes, tax principles, tax benefits, collection, tax control.
Napso M. D., Napso M. B. Tax on Professional Income: The Issue of Compliance with the Taxation Principles. Journal of Russian Law, 2020, no. 3, pp. 132—145. (In Russ.) DOI: 10.12737/jrl.2020.036
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O. A. Akopyan
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
The “qualified customer” model implies the creation of a system of management and information technologies aimed at the comprehensive implementation of the state policy of supporting the development of strategically important areas. This article is devoted to the problems of the quality of implementation of the “qualified customer” model in the Russian legal regulation in the field of state incentives for scientific, innovative, and technological developments.
The purpose of the study is to identify factors that can potentially hinder the effective implementation of measures to stimulate scientific and technological development in Russia, as stipulated by the Decree of the President of the Russian Federation No. 642 of December 1, 2016. The purpose of the study was to analyze the current legal framework and prepared draft legal acts in the area under consideration for their consistency and validity.
The main research methods were methods of literal comparative and systematic interpretation of the current legislation. The author also pays special attention to the draft Federal law “On scientific, technical and innovative activities in the Russian Federation”, which is intended to replace outdated and outdated regulation.
According to the results of the study, the author comes to the conclusion that currently the legal regulation under consideration is fragmentary and incomplete, which can only lead to significant difficulties in implementing the innovations conceived by the legislator and thus negate attempts to modernize the scientific and technical sphere. For a qualitative change in the situation, further legal elaboration of the “qualified customer” model is necessary at all stages of the implementation of scientific and innovative projects in order to bring the legal tools for financing and controlling direct performers (suppliers) of scientific and innovative developments into line with the goals and objectives set by the strategy for scientific and technological development of the Russian Federation.
budget, finance, qualified customer, research, innovation, technological development, strategic planning.
Akopyan O. A. Legal Problems of Transition of Budget Managers to the “Qualified Customer” Model. Journal of Russian Law, 2020, no. 3, pp. 146—155. (In Russ.) DOI: 10.12737/jrl.2020.037
Andreeva L. V. Stimulating the demand for innovative products through public procurement. Problems of development and prospects of business law in modern economic conditions: proceedings of the II International Conference. Ed. by S. S. Zankovskiy, L. I. Bulgakova. Moscow, 2018. (In Russ.)
Chernykh S. I. Public Procurement in Research and Development: New Trends. Public Administration Institutions: Strategic Challenges and Development Trends. Ed. by I. I. Smotritskaya, E. S. Islamova. Moscow, 2018. (In Russ.)
Financial support for the development of scientific and technological sphere. Ed. by L. E. Mindeli. Moscow, 2018. (In Russ.)
Kashirin A. I. Procurement of innovative products or procurement of innovation? Innovation, 2015, no. 5. (In Russ.)
Klypin A. V., Agamirova E. V., Zharova E. N. The main prerequisites for the formation of the model of a “qualified customer” in Russia. State and business. Ecosystem of the Digital Economy: Proceedings of the XI International Scientific and Practical Conference. St. Petersburg, 2019. Vol. 4. (In Russ.)
Smotritskaya I. I., Chernykh S. I. Public procurement as a strategic tool for the scientific and technological development of the Russian economy. Innovations, 2017, no. 4.
A. G. Bezverkhov
Samara National Research University, Samara 443086, Russian Federation
Bezverkhov A. G. Review of the Monograph “New Directions of the Development of Criminal Legislation in Foreign Countries: Comparative Law Research” (ed. by N. A. Golovanova, S. P. Kubantsev. Moscow, 2019. 424 p.). Journal of Russian Law, 2020, no. 3, pp. 156—167. (In Russ.)
S. B. Nanba
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 107078, Russian Federation
Nanba S. B. Legal Stylistics and Language of Law. Journal of Russian Law, 2020, no. 3, pp. 168—171. (In Russ.)