scholarly journals CONFLICT OF CRIMINAL LAWS: ANALYTICAL ASPECT

2016 ◽  
pp. 0-0
Author(s):  
Кирилл Цай ◽  
Kirill Tsay
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Regulation System ◽  
Special Role ◽  
Scientific Methods ◽  
Current State ◽  
Criminal Statute ◽  
Scope Of Application ◽  
General Scientific ◽  
The Moment

The article considers the institute of operation of a criminal statute in space and by personal scope of application through the prism of conflict regulation. Social relations, established due to the operation of the criminal statute in space and by personal scope of application, as well as the moment of collision between criminal law jurisdictions of different states are the object of the research. The subject matter of the research is: criminal codes of Russia and foreign states, international agreements of a jurisdictional nature. The author pays special attention to jurisdictional rules of the domestic law. In this paper the author uses the following research methods: dialectic, inductive, deductive, and other general scientific and specific scientific methods and ways of scientific knowledge. Special role is assigned to comparative law analysis. The author puts together a doctrine, based on the fundamental principles of the conflicts of laws for the purpose of creating a regulation system for criminal law jurisdictional conflicts. The article covers fundamental principles of the proposed doctrine, considers the structure of the conflicts of law rules and analyzes the current state of legislative regulation of criminal law jurisdiction. The author carries out a detailed comparative analysis of criminal laws in order to determine the most wide spread variants of regulation of criminal law jurisdiction, and proposes recommendations for legislative recognition of the territorial scope of validity of a criminal statute.

PHARMACEUTICAL LAW: CRIMINAL ASPECTS

2021 ◽  
Vol 14 (6) ◽  
pp. 203-209
Author(s):  
ANNA SEREBRENNIKOVA ◽  
Keyword(s):  
Criminal Law ◽  
Raw Materials ◽  
Active Phase ◽  
Legal Regulation ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Scope Of Application ◽  
General Scientific ◽  
Criminal Legislation

The author, considering the possibility of the emergence of a new branch of law in the future - pharmaceutical law, focuses on the complexity of regulating the sphere of turnover of medicines, at the same time pointing to this as the main reason for the uncertainty of the legislator in matters of the correctness of the choice of the object and subject of legal regulation. The author, citing examples from practice, draws attention to the fact that pharmaceutical activity is gradually becoming the object of regulatory regulation of various legal institutions, where the turnover of medicines, as well as medicines and other products containing raw materials of a medicinal nature, can be subject not only to the rules of civil turnover, as well as other special acts, but also to the norms of criminal law. The purpose of the study: To analyze the criminal legislation of the Russian Federation, including articles of the Criminal Code that establish responsibility for crimes in the field of pharmaceutical criminal law. Methodology and methods: the article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpretation of legal norms, which together make it possible to more effectively analyze the institutions of criminal law and determine the directions of development of the norms of pharmaceutical criminal law. Conclusions: as a result of the study, the author consistently substantiated the conclusion that the scope of application of criminal legislation in the control of pharmaceutical activities is expanding, at the same time, frequent violation of established prohibitions and regulations in the turnover of medicines suggests that the dialectical component of this issue is in an active phase of development, which indicates the inevitability (regularity and expediency) of the separation of a group of norms into a relatively autonomous group, which may be called pharmaceutical criminal law.

scholarly journals Necessary defense in crime prevention: issues of legislation and law enforcement improvement

2021 ◽  
Vol 108 ◽  
pp. 02016
Author(s):  
Andrey Vyacheslavovich Nikulenko ◽  
Maksim Andreevich Smirnov ◽  
Sulaymon Zarobidin Muzafarov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Framework ◽  
Criminal Code ◽  
Scientific Methods ◽  
Advantages And Disadvantages ◽  
Logical Method ◽  
General Scientific ◽  
The Russian Federation

The article is dedicated to necessary defense as a circumstance preventing a crime in the criminal law of the Russian Federation. Goal: to identify advantages and disadvantages of regulating necessary defense as a circumstance preventing a criminal action as envisaged by Article 37 of the Criminal Code of Russia providing liability for crimes committed through excessive self-defense. Methods: a study of respective norms using a systemic method, general scientific methods (structural-functional analysis, comparison, logical method, content analysis of court practice and mass media). Primary results: the research helped to identify advantages and disadvantages of the legal framework of necessary defense as well as significant qualification mistakes of judicial and investigative practice. Conclusions and novelty of the research: insufficient efficiency of the existing approach to problems of qualifying necessary defense and ways are proposed to solve these problems, namely, by correcting the Decree of the Russian Federation Plenum of Supreme Court dated September 27, 2012, No. 19 On Judicial Use of Legislation on Necessary Defense and Causing Harm in Arrest of Perpetrators. Due to ambiguousness and inconsistent practice of using criminal law norms concerning necessary defense, it is proposed to use, in the further reconstruction of respective norms of Article 37 of the Criminal Code of the Russian Federation, a list-based approach to legislative wording of these norms that allow the defender to inflict any harm to the offender. An easily understandable wording is created, which permits lawfully causing harm to social relations protected by criminal law.

scholarly journals Careless crime: state, dynamics, measures of general and special counteraction

2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
Vadim A. Avdeev ◽  
Olga A. Avdeeva
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Specific Weight ◽  
The State ◽  
Scientific Methods ◽  
General Scientific ◽  
Scientific Substantiation ◽  
Criminal Legislation ◽  
Legislative Processes

The subject of the study is careless crime, taking into account the implemented national criminal law policy. The aim of the study is to investigate the scientific understanding, content and types of careless crime. Attention is focused on the state, dynamics of careless crime, measures of General and special counteraction to the specified social and legal phenomenon. The methodological basis of counteraction measures is formed by a set of General scientific and private scientific methods, which allowed to investigate the process of novelization of criminal legislation and its implementation at the law enforcement level. The main results of the study reflect the problems of prevention, prevention, General and special counteraction to careless crime, affecting the effectiveness of the implementation of the mechanism of criminal law regulation of social relations associated with crimes committed by carelessness or negligence. Conclusions concerning types of careless crime, its specific weight, the personality of the careless criminal, including scientific substantiation of the General and special counteraction measures are formulated. The scientific and practical validity of legislative processes is noted as the defining problem. The problems of implementation of the criminal law in the context of increasing rates of careless crime, actualizing the practice-oriented measures of counteraction, based on the state, structure, dynamics of the development of this social and legal phenomenon. Attention is focused on strengthening the sanctions of criminal law norms regulating increased responsibility for certain types of careless crimes, which in fact do not affect the reduction of criminal tension in the sphere of careless crime. The problematic issues of improving the quality of the criminal law and other normative legal acts providing prevention, prevention and counteraction to careless crimes are revealed. The focus is on improving the quality of activities of state authorities, self-government bodies and civil society institutions, increasing the level of control.

scholarly journals The essence of the object of criminal law protection the structures of dopping crimes

2021 ◽  
Vol 17 (2) ◽  
pp. 23-30
Author(s):  
Daria V. Titlova
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Synthesis System ◽  
Scientific Methods ◽  
Medical Products ◽  
General Scientific ◽  
The Will ◽  
The Subject

The subject of the scientific research is social relations, arising in the process of preparation and participation of the athlete in competitions at the international, Russian and regional levels. The purpose of the research identify the limits of criminal legal protection of social relations in the sphere of sports, related to the consumption of medical products of stimulating and other effects on the human body. Methods and objects of research. The presented work uses general scientific and private scientific methods of cognition, the main of which is: dialectical, formal logical, analysis, synthesis, system-structuraland etс. The object of the research is represented by a complex of relations in the field of sports, the peculiarities of establishing prohibition on the consumption of doping drugs, as well as criminal liability for its violation. The results and conclusions of the research are boils down to the need for systematization and meaningful correction of criminal law norms on liability for declination of the victim to consume drugs that have a stimulating and other effect, and using these drugs against or besides the will of the athlete-victim.

Effectiveness of the consumer protection system upon purchasing goods in online stores

2021 ◽  
Vol 28 (1) ◽  
pp. 137-146
Author(s):  
Iryna Y. Puchkovska ◽  
Oleksandr O. Biliaiev ◽  
Victor P. Yanyshen ◽  
Hanna O. Urazova
Keyword(s):  
Consumer Protection ◽  
Protection System ◽  
Scientific Methods ◽  
Customer Reviews ◽  
Existing Problems ◽  
Current State ◽  
Foreign Countries ◽  
General Scientific ◽  
Online Stores ◽  
Potential Customers

Every year, the vast majority of countries switch to an online environment. This is especially true for online stores. The subject of this study is the system of consumer protection upon buying goods in online stores and its effectiveness. The purpose is to analyse the state of development of e-commerce in Ukraine and the system of consumer protection upon purchasing goods in online stores. The following general scientific methods were used: classification and theoretical generalisation – to study the theoretical foundations of e-commerce; statistical analysis – to analyse the current state of e-commerce in Ukraine and the consumer protection system. The following results were obtained: based on the analysis of the provisions of current legislation and the experience of foreign countries describing the development of the e-commerce market in Ukraine and the world, the main trends that have developed have been identified, the positive and negative aspects of e-commerce have been identified, as well as the effectiveness of the consumer protection system upon purchasing goods in online stores. It was concluded that the “e-commerce” industry is developing very dynamically. Consumer protection upon purchasing goods through online stores is carried out as with a regular purchase and sale, but it has a number of specific features. To attract potential customers and build their trust, online stores try to post as much information about their products and services as possible on their official websites, including customer reviews. This indicates that the sellers themselves are interested in resolving disputes as soon as possible and preserving their reputation. Taking this into account, it is the improvement of the consumer literacy of citizens, the ability to fully exercise their rights, and to protect their interests in case of certain contradictions that is one of the ways to solve the existing problems

scholarly journals The chest decoration in modern life of Bashkir women: on the problem of preserving traditions

2020 ◽  
pp. 135-146
Author(s):  
Z.F. Khasanova
Keyword(s):  
Social Networks ◽  
Ethnic Identity ◽  
Research Area ◽  
Scientific Methods ◽  
Internet Resources ◽  
Current State ◽  
Republic Of Bashkortostan ◽  
General Scientific ◽  
The Republic ◽  
In The Beginning

The purpose of this article is to study the methods for manufacturing, wearing and ways of use of the Bashkir chest decorations in the end of the 20th — beginning of the 21st c. The research area includes the Republic of Bashkortostan and neighboring regions where the Bashkirs live. Information for neighboring regions was collected using the Internet and social networks: VKontakte, Instagram, YouTube. The chronological framework of the study covers the end of the 20th — beginning of the 21st c., that is the time of a renaissance of traditions and the growth of interest in them. Field materials collected by the author during the expeditions in 2010–2019 to different districts of the Republic of Bashkortostan, archival materials, museum collections of Ufa and Internet resources where old and modern photos with Bashkir chest decorations are posted became the source base of the study. The article uses general scientific methods: comparative-historical, and the method of scientific description and analysis. During the collection of field materials, we relied on ethnographic methods, such as in-depth interviews, observation, and photo fixation. To study the current state of tradition, monitoring of social networks was used. Different types of female bibs used to be popular among Bashkirs — selter, sakal, hakal, yaga, muynsa, almaizy and others. They were very highly valued and used as essential part of the bride dowry. Chest decorations made of silver coins and real corals were very expensive. Until the end of the 19th — beginning of the 20th c., chest decoration retained its ethnic, social, and sacred functions. In the beginning of the 20th c., the traditional culture was undergoing a difficult period. During the hunger years of the 1920s, the period of the creation of collective farms, many Bashkirs were forced to surrender their jewelry for nothing. In the postwar years, very few people still had their authentic national decorations. In the end of the 20th — beginning of 21st c., on the wave of mobilization of ethnic identity and revival of interest in traditions, the bib as an ethnic marker became popular again. It has been revealed that there are five basic trends of manufacturing of the Bashkir bibs: from historical reconstructions to highly stylized pieces, from everyday to festive. Nowadays they are worn both for beauty and designating the ethnic identity, traditions, culture, demonstration of national Bashkir ownership. The initial spiritual and guarding function of chest decorations has now been lost.

scholarly journals Constitutionalization of legal policy in modern Russia

2018 ◽  
Vol 2 (4) ◽  
pp. 25-29
Author(s):  
D. Avdeev
Keyword(s):  
Comparative Method ◽  
Strategic Development ◽  
Legal Policy ◽  
Scientific Methods ◽  
Road Map ◽  
Legal Method ◽  
Scope Of Application ◽  
General Scientific ◽  
State And Local ◽  
Constitutional System

The subject. The paper is devoted to the constitutional basis of modern legal policy.The purpose of the paper is to confirm or disprove the hypothesis that constitutional concept of legal policy is necessary basis of reform of legal relations between constituent entities in federative state.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (formal-legal method, interpretation of legal acts).The main results, scope of application. The emergence and further development of a legal policy based on constitutional provisions and norms continues to impact significantly on the organization of state and local authorities. Democracy, federalism, republicanism and legalism are the four components that can form the basis for the development of the doctrinal conception of legal policy aimed to the strategic development of these constitutional axiomatic postulates. In Russia there is no clearly defined "road map", which is based on the strategic planning of the constitutional system. The Constitution of the Russian Federation contains enough inaccuracies of both legal and technical and substantive nature.Conclusions. It is necessary to develop a concept of legal policy. Such concept is necessary basis of reform of legal relations between constituent entities in federative state.

scholarly journals THE SUBJECT OF CRIME: THE PROBLEM OF ESTABLISHING AGE LIMITS OF CRIMINAL RESPONSIBILITY

2019 ◽  
Vol 7 (4) ◽  
pp. 809-812
Author(s):  
Natalia Yu. Zhilina ◽  
Esita E.Ganaeva ◽  
Marina L. Prokhorova ◽  
Denis N. Rudov ◽  
Irina V. Savelieva
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Political Rights ◽  
Legal Concept ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Age Limits ◽  
Civil And Political Rights ◽  
Criminal Legislation

Purpose: This article presents the authors’ analysis of the problem of determining the subject of a crime as a legal concept, and defining the legal characteristics of a person who has committed a crime by features that are necessary for criminal responsibility (individual, age, and responsibility). Methodology: The present study was based on a dialectic approach to the disclosure of legal phenomena using general scientific and private scientific methods. Considered the Convention on Rights of the Child1989; International Covenant on Civil and Political Rights "in 1966; and UN Standard Minimum Rules for Administration of Juvenile Justice. Result: It is noted that the theory of criminal law and criminal legislation of various legal systems, including Russia, associate criminal responsibility with the age of the subject of the crime. Based on the requirements of criminal law, the subject of a crime may not be any imputed person, but only having reached a certain age. Applications: This research can be used for universities and students in law. Novelty/Originality: In this research, the model of establishing age limits of criminal responsibility is presented in a comprehensive and complete manner.

scholarly journals The prospects for ecological tourism development in Ukraine

2019 ◽  
Keyword(s):  
Tourism Development ◽  
Qualitative Evaluation ◽  
Legal Regulation ◽  
Resource Base ◽  
Scientific Methods ◽  
Current State ◽  
Initial Stage ◽  
General Scientific ◽  
Evaluation Of Data ◽  
Ecological Tourism

At the present stage of tourism development in the world, the ecological tourism is one of the priority directions of sustainable development of the territories. Ecological tourism in Ukraine is at an initial stage of its expansion, but due to the existing natural and recreational resources of the country, this type of tourism has all the chances to become one of the main types of travel and create all conditions for improving the socio-economic situation of the population. The subject of the research is the prospects for the development of ecological tourism in Ukraine on the basis of the existing resource base. The goal of the paper is to substantiate the state and the prospects of the development of ecological tourism in Ukraine. The objective: to define the essence of the concept of "ecological tourism", to analyze the current state of the development of ecological tourism in Ukraine, to consider the features of regulatory and legal regulation of ecological tourism, to determine the prospects for the development of ecological tourism.In the article general scientific methods are used such as the analysis - for the research of separate components of ecological tourism; synthesis – to combine individual facts; statistical method – for the processing of statistical information and for qualitative evaluation of data; method of induction and deduction – helps to draw conclusions based on existing facts; systematic approach – for a holistic study of the prospects of ecological tourism relative to external factors of influence. The following results were obtained: on the basis of the analysis, the theoretical aspects of the concept “ecological tourism”are investigated, the necessary resources for the development of ecological tourism in the country are identified and the main prospects for the development of ecological tourism of Ukraine are determined. Conclusions: the prospects for the development of ecological tourism reflect the positive effect of ecotourism in Ukraine, which indicates the importance of its organization and development in the domestic tourist market of the country.

scholarly journals The development of customs law in the scope of Eurasian integration

2018 ◽  
Vol 2 (3) ◽  
pp. 72-77
Author(s):  
A. Algazina
Keyword(s):  
Public Relations ◽  
International Law ◽  
Social Relations ◽  
Administrative Law ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Russian Law ◽  
The Relationship ◽  
Further Development

The subject. The paper is devoted to the main trends of the Russian customs law at the present stage.The purpose of the paper is to determine the place of customs law in the system of Russian law and to identify the features of its impact on the development of integration within the EAEU.The methodological basis for the study: general scientific methods (analysis, synthesis, com-parison, description); private and academic (interpretation, formal-legal).Results, scope. Despite all the variety of social relations that make up the subject of customs law, their core is the relationship associated with the management of customs authorities, regulated by the rules of administrative law. In this regard, the allocation of customs law as an independent branch of law, in our opinion, is premature.Further development of integration within the EAEU has necessitated the development and adoption of a new codified legal act regulating public relations in the field of customs.Analysis of the provisions of the customs code of the EAEU revealed the following innovations, confirming the thesis on the simplification of regulation in the sphere of customs affairs:– reduction of terms of performance of separate customs operations;– priority of electronic Declaration form;– improvement of the Institute of customs control;– further development of the Institute of authorized economic operators.Conclusions. Customs law is a sub-branch of administrative law at present. A natural con-sequence of the integration processes is the transformation of the domestic customs law into an alloy of international law, integration law (acts of the EAEU) and national law.

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