Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020)
Juan Carlos Ferré Olivé, Isabel Morón Pendás
This article discusses the system of compliance judgments in the United States and its influence of its application in Spanish law. Moreover, the article includes positive and negative arguments in relation to such application. As to positive arguments we can consider, for example, the reduction in the...
Michael J. Jenkins
The “broken windows” theory (Kelling & Wilson, 1982) is among the most studied and applied ideas in the United States criminal justice system. Broken windows policing played an important part in getting police to pay attention to physical and social disorder and other lower-level offenses. While it did...
Admission of Guilt in Economic Crimes, Money Laundering, and Criminal Responsibility of Legal Persons
Miguel Abel Souto
Admission of guilt in economic crimes in the Spanish system of criminal law can be an element of reconciliation with the victim and society through mitigating factors of confession of the crime and reparation of the damage, suspension of the execution of the penalty or probation and plea bargaining....
V.F. Anisimov, V.F. Lapshin, I.V. Anisimov
This paper presents a comprehensive analysis of the quality of the criminal law on liability for certain crimes in the field of economic activity, as well as on the features of exemption from liability for the commission of these crimes. The study found that the public danger of many economic crimes...
V.F. Anisimov, V.F. Lapshin, N.Yu. Akinina
The domestic criminal policy at the present stage of its development is oriented, in general, to the humanization of criminal legislation. One of the key means of ongoing humanization is the institution of criminal punishment, the norms of which determine the various types of measures of state coercion...
E.A. Antonyan, N.A. Grishko
The article considers new technologies for cyber terrorism countering. Cyber terrorism is aimed at destabilizing public order, large-scale disruption of communication systems, intimidation by imposing one’s will, including on authorities, and, in general, it is an increased threat to the state’s national...
Some Problems of Crimes Classification in the Sphere of Economic Activity in the Republic of Tajikistan
A.I. Safarzoda, N. Mahmadzoda
The article analyzes issues related to the classification of crimes in the field of economic activity. The purpose of the article is to determine the classification criteria for crimes provided for in chapter 27 of the Criminal Code of the Republic of Tajikistan. The objectives of the study are to analyze...
Areas of Reformation of the Institution of Necessary Defense in the Russian Criminal Law in the Era of Globalization
The study is devoted to the problem of regulatory content of necessary defense in the modern Russian criminal law. It is noted that the institution of necessary defense in the modern Russian criminal law insufficiently protects the interests of the defender. The reason is the imperfection of the norms...
Judicial Discretion and Issues of Its Implementation at the Application of Punishments Alternative to Confinement
Criminal sentencing for the completed offence and the related judicial discretion at the selection of type and amount of penalty to a liable person is not a new practice for criminal legislation, including Russian. On the one part, judicial discretion is a necessary condition for differentiation and...
V.Y. Stelmakh, P. Titov
The work analyses the prospects for the development of private prosecution in criminal proceedings in the Russian Federation. On the one hand, criminal proceedings are public, this is its objective condition explained by the legal nature of criminal procedure as the state’s reaction to a crime. Therefore,...
Conceptual Apparatus in the Doctrine of Criminal Community and Criminal Organization: Searching for a Compromise
The article deals with the issue of correlation between the concepts of “criminal community” and “criminal organization”. First, the author analyses the existing views on the stated problem. Further, using legal hermeneutics as the research methodology, the author deduces the authentic meanings of the...
State Criminal Policy in the Field of Preventing Offences Committed on the Pharmaceutical Market Objects
The objective of this study is the consideration of the main issues of criminal policy in the field of preventing offences committed on the pharmaceutical market objects. Production and sale of spurious medicinal products and of the medicinal drugs is a serious complex issue. In connection with this,...
For finding the way of achieving a just punishment we drew up a special questionary containing open question and conducted a survey among 350 federal judges from 20 subjects of the Russian Federation. The survey was conducted in the course of 2017 by forwarding the questionaries to the courts of all...
Yu.M. Antonyan, E.A. Antonyan
The nature and content of the criminal punishment in the form of life imprisonment from criminological standpoints are handled in the article. On the basis of the data obtained by the authors through their own empirical studies it was possible to formulate conclusions that are relevant to the criminological...
Yu.V. Gracheva, S.V. Malikov, A.I. Chuchaev
The evidentiary privilege complies with the norms of international law, is based on the Constitution of the RF, procedural and other legislation of the RF. In terms of its “legal root” it is national, in terms of the procedural position of the immunized person – witness, in terms of socio-demographic...
The article analyzes existing models in counteraction to crime as one of the threats to national security. On the basis of the analysis of the legislation, a conclusion was made about the priority of the preventive approach in this sphere. At the same time, modern criminal policy demonstrates a qualitatively...
V.Y. Kvashis, D.V. Puchkov
The article discusses the main approaches to determining the place of criminology in the system of sciences. In accordance with the first point of view, which is by most researchers in the West and in Russia shared, criminology is the sociology of crime. The recognition of criminology as the sociology...
Current Criminal and Legal Policy in Russia with Regard to Penalization and Depenalization: Between Press and Compromise
A.I. Korobeev, R.I. Dremliuga
This study focuses on the current stage of development of the criminal policy in Russia in the context of penalization and depenalization processes. Penalization and depersonalization processes of an overall character have been analyzed in detail, thanks to which repression must be constantly brought...
The article focuses on the main trends in the rapid development of digitization from ordinary consciousness of the society to the digital world, penetration of digitization elements in our everyday life. The author identifies main directions of the current development of digitization and society with...
I.Y. Kozachenko, D.N. Sergeev
The article reviews the history of criminal law and criminal liability in a conflictological discourse. Relying on the concepts of legal pluralism, the authors look at the transformation of the criminal law mechanism of resolving conflicts. They analyse still existent customs of blood feud, reconciliation...
In our time, the majority of lawyers consider criminal liability as the only method of legal regulation. However, there are a number of regions where criminal law and ancient customs of reconciliation apply concurrently. For instance, the custom of reconciliation of Blood relatives in the Caucasus region...
Judicial Reconciliation is a New Direction in the Development of the Ideology of Peaceful Settlement of Disputes
I.V. Reshetnikova, Y.A. Tsaregorodtseva
The article analyzes the new Russian arbitration process, the institute of judicial conciliation that appeared in the APC in 2019. Special attention paid to the new Russian law procedural figure – an judicial mediator, and study its functions. The positive aspects of the introduction of judicial reconciliation...
S. Zagaynova, E. Ivanova
The article reveals the idea of forming a Russian national model of conciliatory procedures, based on the development of a private and integrated model of mediation and negotiations. Authors invoke private mediation to be extended for pre-trial stage, following stage of the judicial process, including...
State of the Russian Market of Legal Services as a Factor Affecting the Efficiency of Application of Conciliation Procedures in Court Proceedings
N.Y. Akinina, I.V. Anisimov
The article deals with the prospects of introducing conciliation procedures into the Russian court practice in the context of the legal services market. In the course of the research, it has been established that the condition of the market of legal services in the part of judicial representation can...
The number of disputes resolved with the use of alternative dispute resolution in Russia is insignificant compared to other countries: mediation and arbitration practically are not used. The article considers the main reasons for the unpopularity of alternative dispute resolution in Russia: lack of a...
Conciliation and Compensation for Damage Caused as a Condition for Exemption from Criminal Liability: Current State, Problems, and Prospects
M.G. Reshnyak, S.V. Borisov
This article deals with current issues of legislation, theory and practice related to the regulation and implementation of the institution of exemption from criminal liability in terms of such conditions of the latter as conciliation and compensation for damage caused by a crime. The authors research...
S.G. Byvaltseva, A.A. Kovalev
The article analyzes the right of procurator to the opinion of a settlement agreement with his participation in consideration of civil and arbitration cases by courts. Despite the fact that issues related to the matter and procedure for the opinion of a settlement agreement were subject of scientific...
The article is devoted to identifying areas for improving criminal punishment in cooperation with the Institute of Reconciliation in Russian criminal law. The author stresses that the problem of punishment is “eternal” for Russian and Western criminal law doctrine, although there is some difference in...
A.V. Spirin, V.E. Gradsky
Mediation is a fundamentally new institute for criminal proceedings of the Russian Federation. Despite a number of scientific works on mediation it should be admitted that Russian researchers have just begun to create a theoretical model of this institution. Are there objective prerequisites for the...
Exemption from Criminal Liability in Connection with the Settlement with the Injured Party: Issues of Theory and Practice
The article deals with theoretical and practical aspects of the exemption from criminal liability in connection with the settlement with the injured party. The author notes that in the context of the exemption from criminal liability in connection with the settlement with the injured party, the considerable...
Notariat and Mediation: New Opportunities of Information Technology in the Context of Competition of Legal Frameworks
V.V. Yarkov, I.G. Rents
The article studies certain legal aspects of the use of mediation in notarial activities. The analysis was carried out on the basis of innovations of Russian legislation in this field, which expanded the scope and possibilities of using mediation in notarial practice. At the same time, the authors analyze...
The study is devoted to determining the conditions and legal effects of reconciliation with a sex offender. The following forms of reconciliation are established, entailing legal consequences in the form of exemption from criminal liability or punishment: reconciliation with the victim in accordance...
The article is devoted to clarifying the circumstances that form the basis of state forgiveness (or semi-forgiveness) of criminals and crimes. Moreover, the author interprets the state forgiveness concept very broadly: and as mitigation of criminal liability for criminal acts, in the presence of certain...
M.N. Zatsepin, M.V. Permyakov, E. Morozova
This article describes the possibilities and prospects for the use of information technologies in the judicial system, reveals the principles of “blockchain” technology, and justifies the possibility of using this technology in assessing the reliability of evidence presented in the form of electronic...
I.N. Spitsin, I.N. Tarasov
Technology prospects of artificial intelligence in justice actualize certain number of legal issues and in theory and in practice of law regulation. One of the issues is constructing the legal concept of “artificial intelligence” for the purpose of legal regulation of the artificial intelligence technology....
The article describes the issue of voluntary enforcement of arbitral awards. The question is whether voluntary enforcement is a legal structure or an attitude of the parties. It seems that voluntary fulfilment of the obligations created / sentenced in the award doesn’t need any specific rules and legal...
Luong Thi Kim Dung, Nguyen Viet Ha
Time is a key issue in maritime disputes, especially for goods that may quickly deteriorate or deteriorate and because of the possibility of having to pay a late discharge due to the ship’s arrival being slower than expected. National courts are often unsuitable for the quick resolution of such disputes,...
Participation of the Attorney in Civil Cases Regarding the Assignment of Responsibility in the Form of Losses
V.N. Koval, Yu.E. Monastyrsky
The concept of responsibility is a key concept in the civil law science. Its universal meaning lies in the monetization of other people’s negative property consequences and the assignment of their financial results to the involved person. At the dawn of human society, responsibility consisted of a reaction...
A.M. Zatsepin, O.V. Filippova, M.V. Permyakov
Mining is a new complex economic and legal technology and at the same time a new type of human activity in the economic sphere, which is not a business activity. In this regard, it seems that mining should not be subject to taxation, does not involve specialized state legal regulation (licensing, control,...
O.V. Filippova, Y.N. Malginova, O.N. Khodasevich
The Institute of common property continues to cause many disputes in modern civil science. This is due to the fact that there are no clear definitions in the Housing Legislation even on the fundamental issues that make up the essence of this institution. For instance, one of such issues is the concept...
In this article we refer to the basic levels of regulation of AI as per 2020.The following levels are identified: national strategic development documents; laws and regulations; studies by government authorities and expert groups; ethical documents; doctrinal sources; standardization documents and international...
The Issue of Control in State-Owned Enterprises in Russia and China: The Board, Affiliation, and Independent Directors: Comparative Legal Analysis
The author researches the institute of corporate control in Russia and China, the two countries excluded from the process of evolution of corporate law in the bigger part of XX century. The reception of Western corporate norms is, as it seems from comparative analysis, not an easy-going process in neither...
Constitutional Aspects of Protecting the Interests of Non-Professional Participants in the Shared-Equity Construction Market
Ammar Raad Ali Jihad
This article examines the problems of legal regulation in the civil-law institution of shared-equity housing construction. In particular, we consider possible measures to protect the non-professional participants of this market. Our research indicates that at this time the latest amendments to the shared-equity...
A.V. Kotlova, V.G. Mikrina
Attorney-client privilege is the ethical basis for an attorney’s professional activities. The principal’s confidence in the observance by attorney of the privilege regime regarding the information provided by him is important for the provision of high-quality legal assistance. The study’s purpose is...
Terms of Copyright Protection and Inappropriate Rules in the Law on Intellectual Property for Current Folklore Works in Vietnam
Chu Xuan Duc, Dang Cong Trang, Pham Nam Thanh
This article contains the results of an analysis of the existing laws of Vietnam, as well as the relevant international agreements to which Vietnam is a party. Specific provisions for the protection of literary and artistic works in general and folklore works in particular are defined. The paper substantiates...
Folk Culture, Characteristics and Role of the Process of Protecting Intellectual Property Rights for Folklore Works in Vietnam
Duc Chu Xuan, Thanh Pham Nam
In this article, the author has focused on research and analysis with the aim of clarifying the nature of folklore works, the basic difference between folklore and other works of art; Analyze why the authors of folk works are not specific individuals, differences in copyright of folklore works compared...
The research goal of this article is to consider the form of an audit services agreement and to identify all the essential terms of this agreement. Through an analysis of legislation, doctrine and judicial practice, the following points were substantiated: 1) When entering civil law agreements, including...
Registration of Illegal Transactions with Real Estate: Features of the Object and Subject of the Crime
The system of real estate crimes includes acts established under Article 170 of the Criminal Code of the Russian Federation, the text of which has been recently introduced the significant changes due to novelties in the civil and land legislation of Russia, which allowed to expand the scope of this rule....
V.V. Sulimin, M.I. Lvova
In the period of digitalization of law, the criterion for distinguishing private relations is the interest underlying them: private, public or private-public. In the world of modern and digital law, which is marked by a significant level of legal unification, in particular in the framework of the institutions...
The article is devoted to the study of the concept and application of the category of public policy in the international civil process in Russia. The analysis on the basis of Russian legislation and judicial practice in relation to the recognition and enforcement of foreign judicial decisions and decisions...
Judicial competence as a predefined set of authority power determines the order of judicial protection and organization of the judiciary. The criteria for the subjective composition and nature of the controversial material legal relationship, developed in legal science and accepted by judicial practice,...
V.Y. Kvashis, Y. Sluchevskaya
The problem of the limits of permissible state interference in private life is directly related to the protection of family life. Hence the relevance of the widespread discussion in Russia regarding the problem of domestic violence and the adoption of a federal law to combating this negative phenomenon....
On Infringements of Right to Privacy Through Information and Communications Technology: Legal and Identity Aspects
The rapid move to digital platforms of scientific and technical development of modern civilization has brought with it many different issues. One of them is the issue of preserving human privacy of a person who uses in communicative practices technical devices operating on the “artificial intelligence”...
This article discusses the need to discuss the digitalization of the civil process at the interstate level. A significant part of cross-border disputes today are already digital disputes. The international civil process in whose scope the resolution of cross-border disputes falls is still weakly responding...
The Impact of International Legal Initiatives on Solving the Problem of Child Abuse in Russia: Boundaries of Private Interests and Limits of Acceptable State Intervention
The article analyzes the problem of child abuse and violence against minors, which is widespread throughout the world, including the Russian Federation, and requiring the application of comprehensive response measures at the international legal and national level. Risk factors determining the magnitude...