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...
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...
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...
N.S. Grudinin
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...
E.V. Lyadov
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,...
V.A. Popov
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...
Yu.A. Chernysheva
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,...
V.N. Voronin
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...
Yu.V. Radosteva
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...
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...
D.V. Puchkov
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...
Bezuidenhout Christiaan
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...
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...
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...
S. Lazarev
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...
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...
S.V. Rosenko
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...
I.A Podroikina
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...
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...
A.A. Bimbinov
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...
N.A. Lopashenko
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....
Tomasz Cyrol
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,...
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...
A.V. Neznamov
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...
A. Molotnikov
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...
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...
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...
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...
K.Kh. Kurbanova
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...
I.V. Petrova
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...
V.V. Yarkov
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...
N.Ye. Baradanchenkova
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....
M. Inkizhekova
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”...
K.L. Branovitsky
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...
Ye.D. Tyagay
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...