Vol 9 - No 3 (2024)
THEORY, HISTORY AND PRACTICE OF LEGAL REGULATION OF PUBLIC RELATIONS
Eldar S. Vaniev
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THE FEATURES OF ADMINISTRATIVE-LAW REGULATION OF COMMERCIAL FISHING IN BAKHCHISARAY CITY IN 1879-1882 YEARS (BASED ON ARCHIVE SOURCES) |
Abstract. In article studying the system of functioning sphere of commercial fishing in a first period after introduction the “City rules” of 1870 year in Bakhchisaray city in the time of cumming city council by I. Gasprinskiy. Relevance of a science problem. I. Gasprinskiy was a greatest crimean tatar educator, community leader and thinker in the end of XIX cent. – beg. XX cent. Author studied the aspect of his activities, which was little researched in the crimean science. This activities were related to time when I. Gasprinskiy was a Bakhchisaray city council when he headed by Bakhchisaray city administration. This research help to explore its rich heritage in a more comprehensive and comprehensive way.
The main aim of the article. The aim of the article is the analysis of legal and organizational-managerial decisions taken and implemented by I. Gasprinskiy in a sphere of commercial fishing as a Bakhchisaray city council.
The problems in question. Due to lack of knowledge on the regulation problem of commercial fishing’s regulation in Tauran province in the end of XIX cent., we need to develop the definition of commercial fishing. In the author’s view, this is a single commercial activity carried out on a permanent basis which consisted of the carrier providing transport services to the customer for a fee. Also, when analyzing the activities of the local administration in the field of publishing, it should be made to systematize. The author highlights two areas: law and organizational. Finally, the scientific interest is historical and legal analysis of actions taken by I. Gasprinskiy and his subordinates in the field of regulation of fishing, and the results they have produced in this period of history.
Using methods. To achieve the aims, the author used a set of general-scientific methods, as well as such special research methods as comparative legal, formal legal and hermeneutic methods.
Conclusions. The author has revealed that administrative and legal regulation of commercial fishing in Bakhchisaray in the period 1879-1882 A.D. carried out by the Bakhchisaray city district was effective. I. Hasprinskiy’s way of norm-making was created an internal holistic system of local legislation, which met the specifics of local conditions, developed a complex organizational and control activities, which was also concerned with the monitoring of the implementation of the convention on the prevention and punishment of trafficking in persons, which had contributed to the establishment of local law and order in the area of fishing activities.
Keywords: cabbing, legislation, administration, rule of law, control.
Ivan S. Maslikov, Manuk O. Peglivanian
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THE CONCEPT OF FULL AND INCOMPLETE APPEAL, THE CONSEQUENCES OF ITS APPLICATION IN ARBITRATION PROCEEDINGS |
Abstract. Relevance. The development of the institute of appellate proceedings in arbitration proceedings is an important area for improving the justice system. The existing uncertainty in understanding the legal mechanisms of full and partial appeal, as well as insufficient normative regulation of these phenomena, necessitate their comprehensive study.
Main objective. Analysis of theoretical models of full and partial appeal, their advantages and disadvantages, as well as the development of scientifically based proposals to improve the efficiency of appellate proceedings in arbitration proceedings.
Problems under consideration. The article analyzes theoretical models of full and partial appeal, examines their advantages and disadvantages, problems of their legislative regulation. The experience of appellate proceedings abroad, as well as the institute of appellate proceedings in arbitration proceedings in Russia are considered. The need to consolidate the basics of regulation of the mixed appellate model in legislation is substantiated.
Methods used. The study used historical and legal, comparative legal, systemic, logical and legal, statistical methods, as well as the method of legal modeling.
Conclusions. In order to resolve disagreements in the understanding of the term «appeal proceedings» among specialists and practicing lawyers, the authors propose to supplement the Civil Procedure Code of the Russian Federation with a definition of this concept. To eliminate the problem of the limited powers of the appellate court, the authors recommend amending the civil procedure legislation by enshrining a norm that gives the appellate court the right to «overturn the decision of the court of first instance and return the case for a new trial». The establishment of clear legislative regulation of the mixed appellate model, in the opinion of the authors, will eliminate uncertainty in the appeal mechanisms and increase the effectiveness of protecting the rights and interests of the parties in the arbitration process.
Keywords: appeal, arbitration process, arbitration proceedings, appeal model, mixed appeal model, full appeal model, incomplete appeal model.
Vladimir A. Rybaulin
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SYNTHESIS OF LAW AND RELIGION IN THE ACTIVITIES OF THE HOLY SEE IN THE MIDDLE AGES |
Abstract. The article examines the problems of interaction between legal and religious norms in medieval Europe, starting from the 5th century and ending with the 15th century. The relevance of the study is due to the need to find a way out of the crisis in which European law finds itself. It is assumed that one of the most important elements of such a search is the analysis of historical periods when European law was at the beginning of its formation. The purpose of the study is to clarify the role of religion in the formation of European law. The main methods used are historical-legal, comparative-legal method, diachronic comparison method, formal-legal, as well as general scientific methods. It is argued that in European law, starting from the 5th century, there were simultaneously two multidirectional trends in the separation of legal norms from the syncretic mass of general ideas about the world and the merging of Roman law and religion, which together led to a special interaction between religion and law, the accumulating subject of which was the Holy See . It is also pointed out that such an interaction between religion and law not only made it possible to make a qualitative leap in European legal tradition, but was also a necessary condition for the formation of a European international legal order.
Keywords: law, religion, The Holy See, The Middle Ages, canon law, syncretism.
Alyona A. Karpenko
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SUBJECTS OF INTELLECTUAL PROPERTY RIGHTS TO A COMPUTER GAME |
Abstract. The relevance. Тoday the position of recognition of a computer game in law enforcement practice as a computer program has been formed. However, for a long time the majority of modern authors are of the opinion that such a characteristic is too narrow for such an object of intellectual activity, and therefore the latter should be considered as a multimedia product. But the protection of rights to the latter is not regulated by the Civil Code, and hence it is not clear which of the creators has intellectual rights to such an object.
The main goal. To substantiate the necessity to revise the legal classification of video games as complex multimedia objects and to designate the circle of persons who have intellectual rights to the development created by collective labor.
The problems under consideration. The author analyzes the possibility of protection of a video game as a single object, as well as the possibility of differentiated protection of its elements within a complex work
The methods used. The article uses different approaches to illuminate the legal essence of a «computer game» and identifies the circle of persons claiming to have intellectual rights in connection with its creation. Formal-legal method was used in analyzing the legislative material.
Conclusions. The article concludes that video games should be normatively recognized as complex multimedia products protected as a computer program. In this case, non-property rights to parts of a complex work are possessed by a large number of persons who took a creative part in its creation and have the right of authorship for their element. However, exclusive rights should be concentrated only in one person - the organization-developer (right holder).
Keywords: videogame, computer game, intellectual rights, copyright, video game developers, video game creators.
STATE-LEGAL REGULATION OF PUBLIC RELATIONS
Milena A. Gnedkova
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THEORETICAL AND LEGAL ANALYSIS OF STRATEGIES FOR THE DIGITAL TRANSFORMATION OF REGIONS |
Abstract. The relevance of the topic is due to the fact that this year Presidential Decree No. 309 "On National Development Goals of the Russian Federation until 2030 and for the future until 2036" was adopted. In this document, it is the digital transformation of public and municipal administration, the economy and the social sphere that has been enshrined among the national development goals.
The main purpose of the study is to determine the essence, goals and objectives of the digital transformation of public administration and to reveal the legal regulation of the implementation of digital transformation strategies.
The problem of the study is the discrepancy between the key industries recommended for inclusion in digital transformation strategies and the actual industries included in these strategies, as well as the uneven distribution of ongoing projects by industry.
The methods of scientific research were used in the work: induction, deduction, comparative analysis, synthesis, analysis of the regulatory framework.
Conclusions: The implementation of digital transformation projects by regions, outside the industries recommended by the Ministry of Finance of Russia, may be due to priority sectors of socio-economic development.
One of the factors influencing the composition of industries and the number of digital transformation projects in the regions may be the level of digital development of the regions.
The region's implementation of digital transformation projects in a specific industry contributes to the development of this industry.
Keywords: digital transformation, strategic planning, regional management, socio-economic development.
RUSSIAN AND WORLD PROBLEMS OF CRIMINAL SCIENCE
Suzanna O. Belyaeva, Leonid A. Zashlyapin
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IDENTIFICATION OF CIRCUMSTANCES CONTRIBUTING TO DOMESTIC VIOLENCE: UNDERSTANDING, IMPLEMENTATION |
Abstract. The relevance of the study of the procedural order of identifying the circumstances that contributed to the commission of domestic violence is associated with the accentuation of this issue in the social sphere, the presence of problems in regulating the procedure for identifying these circumstances and the implementation of information about the identified circumstances.
The main goal of the study was to test the hypothesis about the ineffectiveness of the existing practice of crime prevention and the conflict of laws governing the procedure for identifying circumstances that contributed to the commission of crimes. The object area of research is formed by the regulatory provisions of Part 1 and Part 2 of Art. 73 Code of Criminal Procedure of the Russian Federation, part 2 of Art. 158 Code of Criminal Procedure of the Russian Federation, Part 4, Art. 29 Code of Criminal Procedure of the Russian Federation; doctrinal interpretations of relevant legal norms.
The methods used in the research were linguistic analysis and the legal-dogmatic method.
The conclusions that the co-authors came to as a result of the study are as follows.
Identification of the circumstances that contributed to the commission of criminal acts of violence against family members (partnerships) is complicated by general problems of regulatory regulation.
The form of response provided by law to the identified circumstances that contributed to this act is not mandatory for the investigator; the methods for implementing the identified information by the investigator are not effective. Similar effectiveness of preventive activities is found in the judicial stages. The court is not obliged to implement the identified circumstances that contributed to domestic violence. The form in which the court implements these circumstances is imitative.
Solving the problems of preventing domestic violence within the boundaries of the criminal procedure branch is impossible. To solve such a problem, interdisciplinary or even interdisciplinary research is needed.
Keywords: criminal process, criminology, proof, subject of proof, limits of proof, preliminary investigation, trial, domestic violence, prevention.
Oleg V. Kolosovsky
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ON THE ESSENCE AND CHARACTERISTICS OF POSITIVE BEHAVIOR IN CRIMINAL LAW |
Abstract. The relevance of the study of positive behavior in criminal law is associated with the need to develop consistent, consistent legal regulation of this area, which, in turn, is important both for each accused (individual aspect) and for increasing legal certainty in criminal law as a whole. It is important that from the content of legal norms any member of society has the opportunity to understand what socially useful actions will be guaranteed to be regarded by the legal order as a change in the tendencies of a person’s behavior in a positive direction with the ensuing legal consequences (social aspect). The main goal of the study is to determine the social and psychological characteristics of positive behavior in criminal law using the example of acts under circumstances excluding the criminality of the act, as well as some types of post-criminal behavior. The article examines the problematic aspects of the relationship between positive behavior of a person and a number of related phenomena: socially neutral and risky behavior, post-criminal behavior, circumstances excluding the criminality of the act. The methodological basis of the study included historical and systematic approaches, methods of formal logic (analysis, synthesis, comparison, generalization), and the legal-dogmatic method. As conclusions, the signs of positive behavior identified by the author are summarized, the author’s definition of positive behavior is proposed and its content and scope of application are indicated.
Keywords: positive behavior, criminal law, criminality, evaluative concepts, legal incentives.
Nariman R. TANOV
Abstract. The relevance of this work is argued by the active development of the Internet and electronic technologies, which state the fact of the transfer of a part of public legal relations and its own functions by the state to the digital space. The purpose of this work is to study the practical steps of government bodies to optimize a new area of their activities, which affects human rights, the legislative and theoretical regulation of the protection of which, in turn, in cyberspace remains incomplete in many ways. That is why the modern problems considered in this article will concern jurisprudence, in general, and prosecutorial activity, in particular, because supervision of compliance with human and civil rights, which are implemented within the framework of the prosecutor's office, also needs legislative regulation. This is due to the fact that this agency is a key supervisory body of state power, which is obliged to interact with various government bodies. To study this issue and problem, such methods of cognition as analysis, comparison, induction and deduction will be used, which should demonstrate a scientific approach to this study. Thus, it can be understood that the conclusions of this work will concern the improvement of Russian legislation and the science of prosecutorial supervision, which must fully meet the challenges arising within the framework of cyberspace, where it is also necessary to protect human and civil rights.
Keywords: Prosecutor's Office of the Russian Federation, prosecutorial supervision, human rights, criminal law, public authorities, interaction, cyberspace.
