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JURISPRUDENCE

ISSN 2227-6017 (ONLINE), ISSN 2303-9868 (PRINT), DOI: 10.18454/IRJ.2227-6017
ЭЛ № ФС 77 - 80772, 16+

ON THE EFFECTIVENESS OF PREVENTIVE MEASURES FOR JUVENILE DELINQUENCY AT TRANSPORTATION INFRASTRUCTURE FACILITIES

Posted in 2021, Issue №4 (106) April 2021, JURISPRUDENCE | 0 comments

The authors of the article analyze the issues that arise during the implementation of measures for the prevention of juvenile delinquency at transport infrastructure facilities (for example, railway transport facilities) conducted by the Division for Juvenile Affairs of the Khabarovsk Linear Division of the Transport Police of the Ministry of Internal Affairs. The featured analysis uses statistical data on the level of offenses in this area in relation to the activities carried out. On the basis of the conducted analysis, the authors conclude that undertaking certain preventive measures is necessary and effective.

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THE EFFECTIVENESS OF THE INSTITUTION OF JURY TRIAL IN DISTRICT COURTS

Posted in 2021, Issue №4 (106) April 2021, JURISPRUDENCE | 0 comments

The article deals with the problematic aspects of the jury court activity based on the analysis of operating district courts in the Russian Federation. The study analyzes the determinants of the identified difficulties and proposes recommendations for minimizing/leveling the existing pitfalls. Based on the statistical data analysis as well as the use of the interviewing method and the specifics of the implementation of the institution under study, the author identifies the key shortcomings of regulation and indicates the directions for improving the institution of jury trial. The author examines such issues as the complexity of the formation of a jury; the unpreparedness of district courts for this form of legal proceedings; the lack of professional competence of judges; the content of the questionnaire; violation of professional ethics on the part of prosecutors and lawyers.

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RIGHTS AND FREEDOMS OF CITIZENS WITHIN THE CONCEPT FRAMEWORK OF STATE CYCLES

Posted in 2021, Issue №4 (106) April 2021, JURISPRUDENCE | 0 comments

The current study examines the issue of correct understanding of the rights and freedoms of a citizen. The author presents a concept that accounts for the relationship and interdependence between the citizen and the state from the point of view of state cycles. The study analyzes the historical stages of changing the design of the personality category as well as examines the theory of state cycles, which demonstrates cyclicity not only in the context of a general view of the state as an integral structure but also in its individual elements. The study also formulates general tendencies of a different understanding of the categories of human rights and freedoms and the rights and freedoms of citizens. The conditions, factors, and consequences of the transformation of human rights and freedoms and the rights and freedoms of citizens are also considered.

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LEGAL REGULATION OF THE PROFESSIONAL INCOME TAX: PROBLEMS AND PROSPECTS

Posted in 2021, Issue №4 (106) April 2021, JURISPRUDENCE | 0 comments

The article examines the innovations to the Russian tax system, namely, the tax on professional income. The new special tax treatment introduced in the Russian Federation in 2019 as a 10-year experiment played a significant role in the 2020 budget deficit. However, there are positive aspects in its implementation, such as the convenience and low rate of this tax, and the negative ones, which are the inability to participate in the system of state and local procurement, the lack of social expenditures and pensions, the reluctance of banks to invest in unstable businesses of individuals, etc. The article assesses the compliance of this tax with the principles of the tax system as well as all of its aspects and provides recommendations for its improvement.

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ON OBTAINING RELEVANT CRIMINALISTIC INFORMATION BY INVESTIGATORS DURING INDIVIDUAL INVESTIGATIVE ACTIONS IN THE COURSE OF CLEARING AND INVESTIGATING CRIMES COMMITTED WITH THE USE OF SELF-DEFENSE WEAPONS

Posted in 2021, Issue №4 (106) April 2021, JURISPRUDENCE | 0 comments

Based on the analysis of the design features of self-defense weapons, the article provides recommendations for obtaining relevant forensic information by the investigator during the clearance of crimes using such weapons. The article considers the peculiarities of conducting such investigative actions as interrogation, search, analysis of testimony on the spot, and crime reenactment. The authors specify the information required by the investigator during the interrogation of the suspect/ accused, the victim, and witnesses; describe tactical and technical-forensic features of the search based on the design of the self-defense weapon and the materials of its manufacture; update the methods of conducting on-site testimony analysis based on the specificity of traces of application of self-defense weapons; examines the features of the crime reenactment conducted taking into account the design of self-defense weapons, their intended purpose and limitations.

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TAX POLICY AR THE PRESENT STAGE AND THE WAYS OF ITS IMPROVEMENT

Posted in 2013, Issue November 2013, JURISPRUDENCE | 0 comments

In the article basic problems of tax policy at the present stage of development of the state. The process of reforming and improvement to ensure the effectiveness of tax policy.

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THE RELATIONSHIP OF NATIONAL AND INTERNATIONAL PROCEDURES OF THE AZERBAIJAN REPUBLIC IN IMPLEMENTATION OF INTERNATIONAL PRIVATE LAW RELATIONS

Posted in 2013, Issue November 2013, JURISPRUDENCE | 0 comments

Relations in private international law, though emerged in the international sphere, they are realized, as a rule, in the domestic sphere. Education procedural relations connected with the material relations, from the point of view of origin from them and subordination to the purposes of their implementation, issues of implementation of norms ICP domestic civil proceedings, are included in the legal content of IHL. On the other hand, the definition of private rights in the international form requires the procedural forms of protection of these rights at the international level. Currently, the activities of these security mechanisms, as a rule, it occurs after the completion of the activity of the domestic mechanisms of protection.

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INTERACTION BETWEEN A DETECTIVE AND INVESTIGATING OFFICERS IN THE CONTEXT OF LARCENY INVESTIGATION

Posted in 2021, Issue №3 (105) March 2021, JURISPRUDENCE | 0 comments

The current article deals with the issues of interaction of detectives (sledovateli) with the subordinate investigating officers (operativye rabotniki) in the investigation and solving of crimes related to larceny. The author of the article examines the definitions available in science concerning the nature of the investigation management and the main provisions of the interaction between a detective and investigating officers. The study proposes measures to improve the criminal procedure legislation in the field of interaction between the detective and investigating officers as well as provides recommendations for improving the quality of interaction between participants in the investigation of theft, in particular, the regulation in the law of the right to give the investigator mandatory oral instructions. Also, the author conducts an analysis of the problem of possible non-fulfillment of the detective’s instructions by investigating officers.

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MORAL ASPECTS AND ETHICS OF ADVERTISING

Posted in 2021, Issue №3 (105) March 2021, JURISPRUDENCE | 0 comments

The article deals with the main problems that arise in the field of application of the moral aspects of advertising to determine the issue of the admissibility of advertising. The study concludes that the relations in terms of the placement of advertising fall under Article 10 of the European Convention on Human Rights, and therefore the restriction of freedom of opinion and creativity in the implementation of advertising, based on moral and ethical aspects, should be proportional and pursue a legitimate goal. The attention of the article is focused on the issue of the prospects for the development of self-regulation in this area in order to form the internal rules of advertisers regarding the standards of ethically permissible advertising that meet the needs of a democratic society. The study identifies the shortcomings in the approaches used by the state to assess the legality of restrictions on freedom of expression and creativity in the case of advertising.

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INTERNATIONAL LEGAL UNDERSTANDING OF A SOCIALLY JUST TRANSITION TO SUSTAINABLE DEVELOPMENT AND SOCIAL INCLUSION

Posted in 2021, Issue №3 (105) March 2021, JURISPRUDENCE | 0 comments

The article examines the need to ensure a socially just transition to a more inclusive, equitable, stable, and sustainable development and provides analytical data on the strategies and measures that need to be applied. The article points out the need to further analyze the impact of digitalization on the sustainability of society as a whole as well as the threat of the negative impact of the COVID-19 pandemic on the world’s social security systems. The author of the article emphasizes the importance of interaction between states at the international legal level, including the cooperation mechanisms within the UN, the International Labor Organization, and the International Social Security Association.

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DIGITAL INHERITANCE

Posted in 2021, Issue №3 (105) March 2021, JURISPRUDENCE | 0 comments

The article deals with the problems of digital inheritance. Today, this topic presents is of great relevance since the life of a modern person is difficult to imagine without the Internet and social media. Many people began to store their money in cloud services, and every year their number is growing, and to inherit these funds in the event of the death of their owner is quite problematic, and sometimes simply impossible, especially if the money is converted into cryptocurrency, which today is not under the protection of civil rights. Therefore, the funds that are stored on the servers simply remain there and do not pass to the heirs, which is not entirely acceptable. The current article lists ways to solve this problem. It is In the opinion of the authors that it seems necessary to make appropriate amendments to the Russian legislation so that notaries can find electronic accounts and transfer the rights to their legitimate heirs in the event of the death of the owners.

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ESPECIALLY LAWS CHILDREN IN MEDICINE

Posted in 2013, Issue 12(19) December 2013, JURISPRUDENCE | 0 comments

The article discusses the relationship of patient and doctor as an object of bioethics, as well as the primacy of the patient in medical law.

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ESPECIALLY LAWS CHILDREN IN MEDICINE

Posted in 2013, Issue 12(19) December 2013, JURISPRUDENCE | 0 comments

The article considers the laws of the children which are one of the vulnerable groups of patients particularly at risk of offense health, as well as the problem regarding their health care and ways to solve it.

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ACTUAL PROBLEMS OF IMPACT ON ELECTRONIC INFORMATION AND THE TYPICAL CONSEQUENCES OF COMMITTING CRIMES IN THE SPHERE OF THE COMPUTER INFORMATION SYSTEM (СЛЕДООБРАЗОВАНИЯ)

Posted in 2013, Issue 12(19) December 2013, JURISPRUDENCE | 0 comments

In this article we have tried to address topical issues следообразования in the sphere of computer information, in view of the fact that computer information is original subject to unlawful attacks on intellectual property rights, where during the investigation of criminal cases there are a large number of features.

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THE CURRENT STATE OF THE THEORETICAL AND LEGAL FOUNDATIONS OF THE PROSECUTOR’S POWERS IN THE EXERCISE OF SUPERVISION OVER THE EXECUTION OF LAWS IN RUSSIAN LEGISLATION

Posted in 2021, Issue № 02(104) February 2021, JURISPRUDENCE | 0 comments

The article deals with the problems of the development of the theoretical foundations of the prosecutor’s powers in the supervision of the execution of laws. The author presents the results of studying and generalizing the scientific literature and normative legal acts that affect aspects and approaches to the examination of this concept. Based on the study of theoretical developments regulating the powers of the prosecutor as well as various scientific opinions in the theory of the prosecutorial activity, the author justifies his conclusion that there is a need to specify the authority when overseeing the execution of laws in certain areas. The article also proposes an approach, where, in conditions of a law reform, an objective necessity would be the search for new approaches of formation and use of the conceptual implementation bases of prosecutor’s powers for supervision over the execution of laws at the present stage.

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LIABILITY FOR THE SYSTEMATIC PROVISION OF PREMISES FOR THE ILLEGAL FACILITATION OF GAMBLING ACTIVITIES

Posted in 2021, Issue № 02(104) February 2021, JURISPRUDENCE | 0 comments

The current article discusses the issue of systematic provision of premises for facilitating illegal gambling activities and identifies the types of such premises. The research examines the issues of determining the nature of providing premises for the illegal facilitation and hosting of gambling events. The article also explores the concept of systematicity within the framework of Article 171.2 of the Criminal Code of the Russian Federation and the possibility of its clarification, taking into account judicial practice and the opinions of scientists. The author expresses an opinion that on the necessity to further analyze the judicial practice in order to conduct research on the topic under study.

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THE COVID-19 PANDEMIC AS FORCE MAJEURE

Posted in 2021, Issue № 02(104) February 2021, JURISPRUDENCE | 0 comments

The article deals with the issues of recognizing a pandemic as a force majeure event. The study analyzes the existing legislation on force majeure as well as the approaches of the courts in the qualification of the designated circumstances in the context of the pandemic.

The relevance of this study can be attributed to an attempt to identify the emerging pandemic as a force majeure event when it is impossible for citizens to fulfill their obligations.

In the context of the current pandemic, not all citizens can properly fulfill their civil obligations due to certain restrictions imposed by public authorities. This raises the following question: is it possible to recognize the pandemic as a force majeure event in the current situation?

It is known that at the federal level, an appropriate state of emergency has not been introduced, which would possibly allow for the unconditional recognition of the pandemic as a force majeure event.

Based on the analysis of the current legal regulation and the approaches of the judicial authorities, the author of the study identifies the features of recognizing the pandemic as a force majeure clause.

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THE CONFLICT OF LEGAL VALUES AND THE PRACTICAL SIGNIFICANCE OF STARE DECISIS IN ECONOMIC DISPUTE INVESTIGATIONS

Posted in 2021, Issue № 02(104) February 2021, JURISPRUDENCE | 0 comments

This article examines the importance of the doctrine stare decisis et non quieta movere for the purpose of forming a uniform judicial practice; concludes that the concept of “precedent judicial interpretation” and “judicial precedent” in spite of different content, have the same purpose, namely to ensure legal certainty; provides specific practical examples of the different approaches of the courts to application and understanding of the legal principles, norms with an uncertain hypothesis, alternative, optional, derogatory, conflicting and other uncertain rules and principles of law; outlines a dispute of legal scholars on the content and the application of certain provisions of law; describes the importance of the legal positions of the Supreme courts for the purpose of ensuring uniformity of judicial practice in relation to the understanding of the rule and its application; provides examples of a critical attitude towards legislative technique for the formulation of legal norms in a way that does not exclude the possibility of individual judicial lawmaking and provides a critique of the application of the principle by the courts of law against the norm contrary to legal certainty. The author provides negative examples of excessive legal regulation, in which participants in civil circulation are unreasonably deprived of the freedom to choose the most rational model of behavior. The study illustrates the conflict between the freedom of judicial discretion and the requirement of legal certainty. Relying on the scientific concept of integrative understanding of law, the author substantiates the inevitability of direct application of legal principles by courts in opposition to the norm. On the other hand, the author postulates the inadmissibility of violating the equitable right to the certainty of legal norms and the different application of one norm in similar factual circumstances. The study concludes that the doctrine of stare decisis et non quieta movere is an effective mechanism for reconciling two legal values (freedom of judicial discretion and legal certainty).

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COURT ADMINISTRATOR: THE STANDARD OF “DOUBLE” SUBORDINATION

Posted in 2021, Issue № 02(104) February 2021, JURISPRUDENCE | 0 comments

The current article discusses the legal status of a court administrator in terms of its specific aspects, such as their dual subordination to a chief judge, in which they perform their assigned function, and to the head of the respective structural unit of the Judicial Department under the Supreme Court of the Russian Federation in the corresponding federal subject. The methodological basis of the research consists of the methods of analysis, comparative legal analysis, synthesis, and system-structural analysis. The author conducts an assessment of the effectiveness of the existence of “double” subordination of the court administrator with the specification of its practical significance for the functioning of the court.

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THE APPROACH OF INTERNATIONAL LEGAL ACTS IN THE FIGHT AGAINST TERRORISM

Posted in 2021, Issue № 02(104) February 2021, JURISPRUDENCE | 0 comments

The current study examines complex issues of a criminal nature such as international legal acts, which form the basis for the formation of certain norms of the criminal legislation of the Russian Federation on liability for terrorist crimes. The author does not solely criticize the facts of understanding the inherited principles of international law in the field of terrorist issues and linking them to the norms of the national legislation of the Russian Federation. Within the framework of the studied issues, the study comes to the conclusion that international legal acts have a direct impact on the creation of priority areas from the point of view of criminalization of certain criminal laws.

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