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Submit scientific paper, scientific publications, International Research Journal | Meždunarodnyj naučno-issledovatel’skij žurnal

JURISPRUDENCE

ISSN 2227-6017 (ONLINE), ISSN 2303-9868 (PRINT), DOI: 10.18454/IRJ.2227-6017
ПИ № ФС 77 - 51217, 16+

CARRYING AND USING WEAPONS AS A FACTOR OF INCREASING RESPONSIBILITY FOR CRIMES: HISTORY OF LEGISLATIVE REGULATION IN THE UNITED STATES AT THE FEDERAL LEVEL

Posted in 2020, Issue № 06(96) June 2020, JURISPRUDENCE | 0 comments

This article discusses the problem of carrying and using weapons in connection with the committed crimes. The history of the legislative regulation of this aspect of criminal law in the United States at the federal level is studied. The question of the effectiveness of such measures is raised.

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TO THE QUESTION OF USE AND PRACTICAL VALUE OF VIDEO RECORDING IN THE PROCESS OF EVIDENCE

Posted in 2020, Issue № 06(96) June 2020, JURISPRUDENCE | 0 comments

The subject of the study is the legal status of forensic video recording used in investigation as a potential source of significant information in a criminal case. Based on the analysis of the rules of law governing evidence in criminal proceedings and the practical features of the procedure for recognizing the results of video recording as such, an addition to the current legislation is proposed to expand the list of evidence in the Code of Criminal Procedure of the Russian Federation.

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LEGAL AND TECHNICAL DESIGN OF DEFINITIONS IN TEXT OF CRIMINAL CODE OF RUSSIAN FEDERATION

Posted in 2020, Issue № 06(96) June 2020, JURISPRUDENCE | 0 comments

The paper considers the problem of the legal and technical design of definitions in the text of the Criminal Code of the Russian Federation. The author considers the main methods of the legal and technical design of definitions in the articles of the General part and the Special part of the Criminal Code of the Russian Federation, taking into account the rules of logic and linguistic requirements in order to achieve accessibility for their perception by legal entities. The formulation of definitions in the texts of the Criminal Code of the RSFSR of 1922, 1960, is considered as well. Other options for the legal and technical design of definitions in the text of the Criminal Code of the Russian Federation are proposed in connection with the mistakes made by the legislator in their formulation.

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VALIDITY OF TRANSACTIONS, CONCLUDED BY LEGAL ENTITIES IN INTERNATIONAL TRADE TURNOVER

Posted in 2020, Issue № 06(96) June 2020, JURISPRUDENCE | 0 comments

When concluding transactions in international business, there may be a problem in recognizing concluded transactions, beyond the legal capacity of a company, and objectives of activity established by the constituent documents. Historically, legal entities were recognized as the one having special legal capacity. However, modern business conditions require a revision of this concept. Currently, most countries of the general system of law provide legal entities with general legal capacity.

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NON-PROPERTY CORPORATE LEGAL RELATIONS

Posted in 2020, Issue № 06(96) June 2020, JURISPRUDENCE | 0 comments

The article considers general provisions of non-property corporate legal relations as a variety of civil legal relations. The characteristics of non-property corporate legal relations are revealed as an integral part of the subject of corporate law. The paper analyzes current legislation, judicial practice of Superior Courts, and doctrinal sources. Based on the results of the study, the author concludes that non-property corporate legal relations are independent in spite of the common view in the scientific world.

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ADMINISTRATIVE AND LEGAL REGULATION OF MEDICAL ACTIVITY

Posted in 2020, Issue № 06(96) June 2020, JURISPRUDENCE | 0 comments

The main goal of the study is to analyze the current state of legislation regarding the administrative and legal regulation of medical activity, in particular, the legal status of a doctor. The author analyzes various scientific views, law enforcement, and judicial practice of exercising rights, fulfilling the duties of doctors and legal regulation of the responsibility of medical workers. Based on the results of the analysis, proposals are made to improve certain legal norms of federal legislation. This study has the potential for practical application for the improvement of medical law.

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RECEIVING SEXUAL SERVICES FROM THE MINOR: INTERPRETATION AND USE OF OBJECTIVE SIDE OF THE COMPONENTS OF CRIME

Posted in 2020, Issue № 06(96) June 2020, JURISPRUDENCE | 0 comments

The article presents the analysis of criminogenic features of the composition of Art. 240.1 of the Criminal Code and terms “receiving,” “sexual services,” “reward.” Problematic issues of interpretation and enforcement of the aforementioned terms are considered. The cases of the competition of norms, qualification issues, and the difficulty of delimiting related criminal acts are investigated. Examples are presented illustrating the possibility of avoiding due penalty for those guilty due to the imperfections in the legislative approach in this area. Cases of “abuse of right” by victims are identified. As a result, it was concluded that the norm of Art. 240.1 of the Criminal Code of the Russian Federation as amended is inconsistent regarding the goals and objectives of its creation.

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FAMILY VIOLENCE AS THE PRINCIPAL INDICATOR FOR QUALIFICATIONS

Posted in 2020, Issue № 06(96) June 2020, JURISPRUDENCE | 0 comments

In this paper, we considered relevant issues of the latent nature and namely – family violence. Today it is often disguised as other qualifying features stipulated by the criminal law. We criticize not only the way family violence is understood, but also incorrect qualifications of the deed by the law enforcement agencies. We came to the conclusion that the disposition of Art. 116.1 of the Criminal Code of the Russian Federation proposed by the legislator in the Federal Law of 03.03.2016 No. 323-FZ must be set forth in another context within the framework of the questions under study.

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COMPARATIVE CHARACTERISTICS OF SOCIAL CONSEQUENCES OF CRIMINALITY AND CRIME

Posted in 2020, Issue № 06(96) June 2020, JURISPRUDENCE | 0 comments

Consequences resulting from committing crimes have repeatedly become the subject of scientific research among the representatives of various legal and other social sciences. In this connection, various elements and characteristics of the criminal result have become the object of research. However, until now neither the criminal law, nor the criminological science has reached a consensus concerning the similarities and differences of such categories as “the consequence of a crime” and “the social consequence of a crime.” The article provides a brief comparative analysis of the consequences of crime and social consequences of crime based on the existing theoretical developments in such sciences as Criminal Law and Criminology.

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STATE AND TRENDS IN THE DEVELOPMENT OF VOLUNTARY INFLICTON OF GRIVEOUS BODILY HARM

Posted in 2020, Issue № 06(96) June 2020, JURISPRUDENCE | 0 comments

Crime prevention activities should be based on the results of the analysis of official statistical indicators and the data of individual criminological studies, reflecting the real scope of the criminal phenomenon under study. In the article, the authors analyze official statistical data of the Federal State Institution “Main Information and Analysis Centre of the Ministry of Internal Affairs of Russia,” which characterizes the dynamics of the number of facts of voluntary infliction of grievous bodily harm, the number of persons identified for committing them and victims of the crime. The authors conclude that this type of crime is latent and give appropriate arguments.

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ABOUT PLACE OF FREEDOM OF SPEECH IN THE SYSTEM CONSTITUTIONAL RIGHTS AND FREEDOMS

Posted in 2020, Issue № 05(95) May 2020, JURISPRUDENCE | 0 comments

This article discusses the freedom of speech in the system of constitutional rights. Determining the place of freedom of speech allows you to better understand the essence of freedom of speech, that is, to understand the essence of the good that it guarantees to a person. This work explores the main positions on determining the place of freedom of speech in the system of rights and freedoms that exist in the science of constitutional law, as well as in the constitutional legislation of foreign countries and the judicial practice of the European Court of Human Rights. The complex nature of freedom of speech is revealed. It is concluded that, depending on the priority goals of implementation, freedom of speech can be included in the group of personal, political and cultural rights.

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INFLUENCE OF TEXT NORMALIZATION IN DOMESTIC LAW NOVELLAS REGULATING POND FISHING ON LEGAL ACTIVITIES DIRECTED ON SOCIAL PROTECTION OF CITIZENS

Posted in 2020, Issue № 05(95) May 2020, JURISPRUDENCE | 0 comments

The relevance of this article in the modern world is due to the fact that regulatory legal acts clarifying controversial issues in the field of aquaculture are required, namely, legal regulation for complete understanding for entrepreneurs on the use of ponds. This article presents a study in the field of fisheries.

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ABOUT THE NON-SYSTEMIC LEGISLATOR APPROACH TO CHANGING THE CATEGORIES OF CRIMES (ON THE MATERIAL OF THE FEDERAL LAW No. 146-ФЗ 17 June, 2019)

Posted in 2020, Issue № 05(95) May 2020, JURISPRUDENCE | 0 comments

This work is devoted to the study of amendments made to the Criminal Code of the Russian Federation by Federal Law of June 17, 2019 No. 146-FZ. In particular, it was concluded that the legislator has an unsystematic and inconsistent approach to resolving the issue of toughening criminal liability for committing crimes under paragraphs 4 and 6 of Article 264 of the Criminal Code of the Russian Federation in conjunction with the introduction of amendments to Article 15 of the Criminal Code of the Russian Federation. The conclusion is made about the inadmissibility of the changes that occurred in article 15 of the Criminal Code of the Russian Federation, a proposal was put forward to return the said article to the previous edition while leaving the changes to art. 264 of the Criminal Code.

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MAIN DIRECTIONS OF PREVENTION OF CORRUPTION OFFENSES LATENCY IN CUSTOMS AUTHORITIES

Posted in 2020, Issue № 05(95) May 2020, JURISPRUDENCE | 0 comments

The author evaluates the statistics given in the report of the Anti-Corruption Department of the Federal Customs Service of Russia for 2019, as well as the similar indicators for 2018 and 2017. Based on that, she reveals possible high latency of corruption offenses, the reasons for such latency, and promising areas of counteracting latent corruption offenses. The author also identifies the problems associated with latent offenses with a corruption component, and propose the options for solving them.

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SPECIAL CONDITIONS OF AGREEMENT OF STATES TO JURISDICTION OF THE INTERNATIONAL CENTRE CONCERNING THE SETTLEMENT OF INVESTMENT DISPUTES (ICSID)

Posted in 2020, Issue № 05(95) May 2020, JURISPRUDENCE | 0 comments

The agreement of the parties on the arbitration of the dispute is the basis for the proceedings within the framework of the International Centre for the Settlement of Investment Disputes, which determines the conditions for the possibility of jurisdiction implementation: criteria ratione materiae (criterion for the subject of the dispute), ratione personae (criterion for the subject) and ratione temporis (criterion for time). However, the parties may, by their agreement, provide additional conditions for the Centre to exercise jurisdiction, the assessment of which in the ICSID practice is ambiguous. These conditions are the subject of research in this article since they are also important in resolving the issue of jurisdiction to resolve an investment dispute.

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DEMOGRAPHIC PROBLEM IN THE RUSSIAN FEDERATION: LEGAL ASPECT

Posted in 2020, Issue № 05(95) May 2020, JURISPRUDENCE | 0 comments

Based on statistical data the authors conducted a scientific study of the development trend of demographic policy in the Russian Federation at the present stage. The authors identified the periods of the demographic crisis in domestic history and the established the causes of the demographic failure in population growth, which is primarily due to the low socio-economic factor. They analyzed the methods adopted by the state at the legislative level in the field of family policy in a pandemic in order to achieve positive dynamics in the development of the demographic situation in the country as a whole.

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TO THE QUESTION ON THE VICTIM FROM A CRIME PROVIDED BY ITEM 240.1 OF THE CRIMINAL CODE OF RUSSIAN FEDERATION

Posted in 2020, Issue № 05(95) May 2020, JURISPRUDENCE | 0 comments

In article the analysis of expediency of the regulated signs of the victim from act «reception of sexual services of the minor» is presented. Various variations of interpretation and application of corresponding criteria, qualification problems are considered. Also the marked aspect is investigated in the ratio with directions of a criminally-legal policy, the bases and conditions of criminalisation and decriminalization of acts, a principle of equality of citizens before the law. Imperfections of the legislative approach in investigated area are as a result revealed.

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THEORETICAL AND LEGAL ANALYSIS CONCEPTS AND ESSENCE OF SELF-REGULATION

Posted in 2020, Issue № 05(95) May 2020, JURISPRUDENCE | 0 comments

This article reveals the concept of self-regulation, gives its main features, determines the essence of this phenomenon. The aim of the study is the theoretical and legal analysis of the concept and essence of self-regulation. The tasks are: the definition of self-regulation; identification of its signs, clarification of the essence; correlation with state regulation and co-regulation. The practical significance of the study is to improve the quality of law-making and law enforcement.

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ROAD TRAFFIC SAFETY AND COMPULSORY INSURANCE OF CIVIL LIABILITY OF VEHICLE OWNERS

Posted in 2020, Issue № 05(95) May 2020, JURISPRUDENCE | 0 comments

The article discusses the provisions of road safety and motor liability insurance, provides individual statistics, the procedure for bringing to administrative responsibility when preparing materials about a road accident, considers options for changing the introduction of road accidents into statistical reporting and the formation of the cost of insurance poles of CTP.

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CONCEPT OF CRIME AND THEIR CATEGORIZATION ACCORDING TO THE LEGISLATION OF SOME FOREIGN COUNTRIES

Posted in 2020, Issue № 04(94) April 2020, JURISPRUDENCE | 0 comments

This article explores how the content of the concept of “crime” is determined, as well as the system of categories of crimes in the legislation of some foreign countries, in particular, the Anglo-Saxon and Romano-German legal families. Attention is drawn to the fact that a number of criminal codes of foreign countries do not fix the concept of crime, as well as their division into categories. It is concluded that the differences in the approaches to the definition of the concept of crime and the division of crimes into categories are caused by the peculiarities and traditions of lawmaking due to their belonging to that or another legal family. All this also emphasizes the evaluative nature of the concept of “category of crime” and its variability.

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