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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
ЭЛ № ФС 77 - 80772, 16+

CONCEPTS OF «TOMB RAIDING» AND «GRAVE ROBBER»

Posted in 2022, Issue № 5 (119) May 2022, JURISPRUDENCE | 0 comments

Such modern problem as «tomb raiding» and its spread in our country was analyzed. The history of illegal archaeological excavations in our country can be traced from the time of Peter I’s reign to the present day. The modern mass media in the Russian Federation began referring to such illegal activities more often. In the article, the author studies the questions of public danger, which is caused by criminal activity called «tomb raiding» and is carried out by «grave robbers». In view of the fact that Russian legislation does not define the aforementioned terms, the author made an attempt to formulate these concepts.

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LEGAL ANALYSIS OF THE PHENOMENON OF OBSTRUCTION OF INVESTIGATION

Posted in 2022, Issue № 5 (119) May 2022, JURISPRUDENCE | 0 comments

Within the framework of this article, the authors conduct a legal analysis of such a relevant phenomenon as obstruction of the investigation. The authors define the concept based on the analysis of scientific and educational literature. The component analysis of this phenomenon is carried out by research of possible objects of counteraction, subjects of counteraction (which in turn are divided into several groups) and the goals they pursue. Moreover, the authors research possible forms of counteraction, which within the article are divided into two: legitimate (when the subject acts within the legal field) and illegitimate (direct violation of current legislation). The authors also try to develop ways to eliminate counteraction in practice.

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TECHNOLOGY OF ELECTORAL BEHAVIOR MODELS FORMATION

Posted in 2022, Issue № 5 (119) May 2022, JURISPRUDENCE | 0 comments

This article analyzes the studies carried out in the field of researching the factors that influence the formation of electoral behavior of voters during electoral campaigning.

The author draws their attention to the increasing influence of digital technologies, including the use of information and telecommunications networks, including the Internet, on the electoral choice of voters.

The author researches a number of problems connected with the use of Internet technologies during electoral campaigns, which can form both positive and negative influence on the electoral behavior of voters. On the basis of the current legislation analysis, individual gaps in the legal regulation of this area have been identified.

Also, the article raises the question of the need to improve the legal regulation of new technologies usage in election campaigning.

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PROPORTIONAL DAMAGE RECOVERY AS PROCEDURAL «FAIRNESS» IN AUTO INSURANCE DISPUTE

Posted in 2022, Issue № 5 (119) May 2022, JURISPRUDENCE | 0 comments

This publication is dedicated to the research of legal damage recovery from financial (insurance) company to the financial services consumer in auto insurance disputes. The research purpose is to analyze and study legal judicial positions based on of substantive law, established in law enforcement in accordance with the relevant problem. The methodological basis of the research were systemic and structural analysis, synthesis, generalization, comparative legal analysis. The author analyzed the judgmental concept of «proportion», as well as texts of civil court decisions under the category in question. The conclusion consists of the author’s approach to the concept of «proportion», damage recovery and possibility to reduce it in order to achieve the «optimal» level of financial services consumer’s rights protection and restoration.

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THE NUREMBERG TRIBUNAL FROM THE PERSPECTIVE OF THOSE WHO ESCAPED CONVICTION: LEGAL TRICKS AND POLITICAL INTRIGUES

Posted in 2022, Issue № 5 (119) May 2022, JURISPRUDENCE | 0 comments

The article presents the result of the analysis of the largest judicial process of the 20th century – The Nuremberg Tribunal. But its emphasis is not on the actual trial conduct, but on its very important but neglected aspect – on people involved in war crimes and general activities of the Nazis, but who escaped punishment. Their brief biographies, crimes and ways of how they avoided the Nuremberg Tribunal constitute the subject of the author’s research. Attention is also paid to the legal ruses and political intrigues used during the legal process to justify certain figures of the Nazi regime. The article avoids making a moral assessment of the lawyers’ actions to protect the figures of the Nazi regime; the author of the article proceeds from the sacrosanct truth about the impermissibility of restricting anyone to having a fair trial and providing people involved in any judicial process all legal instruments.

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DYNAMICS OF THE DEVELOPMENT OF THE EMIRATE OF BUKHARA AS A SEPARATE STATE BEFORE JOINING THE RUSSIAN EMPIRE

Posted in 2022, Issue № 04 (118) April 2022, JURISPRUDENCE | 0 comments

The article explores the main aspects characterizing the dynamics of socio-political, economic and military development of the Emirate of Bukhara before its entry into the Russian Empire. The thesis is substantiated that the “decline” of the Emirate of Bukhara as an independent state was determined, as has often happened in history, by a consistent weakening of power within the country, a decrease in defense capability, and activation of the dynamics of feudal fragmentation. The factors, which were studied and reasoned by specific historical and legal data, led to a geopolitically predictable and reasonable outcome: vassal dependence on the Russian Empire.

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TRENDS IN THE DEVELOPMENT OF INTERNATIONAL LAW

Posted in 2022, Issue № 04 (118) April 2022, JURISPRUDENCE | 0 comments

The authors of the article analyze the trends in the development of modern international law through the lens of its features and advantages in comparison with national law. The study notes the development of regulatory regulation of the use of autonomous vehicles, primarily autonomous naval vessels and autonomous weapons systems. The authors also draw attention to the return of the international community and separately of the international legal doctrine to concepts, for example, the concept of just war, which were characteristic of the 16th-17th centuries, in the period before the signing of the Westphalian Peace Treaty and before the formation of the modern understanding of the state and state sovereignty. According to the authors, all these trends can greatly change the face of international law in the future and change the model of interaction between states, which will also be caused by a change in the role of the UN.

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A COMPARATIVE LEGAL ANALYSIS OF WOMEN SERVING SENTENCES OF IMPRISONMENT IN RUSSIA AND IN THE USA

Posted in 2022, Issue № 02(116) February 2022, JURISPRUDENCE | 0 comments

This article refers to the penal enforcement principles, which is the basis of the system of serving sentences by convicts. Special attention is paid to the conditions of sentences served by convicted women. The article contains a comparative legal analysis of how women serve their sentences in Russia and in the USA. The penal enforcement policy is aimed at humanization (since the goal is to correct convicts) and the desire to comply with all international legal norms that regulate the conditions of serving sentences. The study also touches upon the problems that arise in connection with female convicts serving their sentence. In conclusion of the article, the author suggests possible ways to improve the penal system.

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SOME ASPECTS OF LEGISLATIVE REGISTRATION OF RIGHTS RESTRICTIONS (DISCRIMINATION) IN THE RUSSIAN EMPIRE IN THE 18th-EARLY 20th CENTURIES

Posted in 2022, Issue № 02(116) February 2022, JURISPRUDENCE | 0 comments

The article discusses the features of the legislative formalization of restrictions (discrimination) in the Russian Empire during the 18th-early 20th centuries. The author studies a significant array of legislative acts, which, at different times, imposed restrictions on various groups of the population. Based on the results of this analysis, the article concludes that in the Russian Empire, there was discrimination based on class, nationality, religion, and gender. During the 18th- first half of the 19th centuries, norms regarding discrimination against various groups of the population were adopted through edicts of monarchs. Since the second half of the 19th century, there has been a tendency to introduce norms that infringe on the rights of various categories of the population by departmental regulations that do not have the status of a law.

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CURRENT PROBLEMS OF REGULATORY AND DOCUMENTATION SUPPORT FOR THE FUNCTIONING OF OFFICIAL WEBSITES OF GOVERNMENT STRUCTURES

Posted in 2022, Issue № 02(116) February 2022, JURISPRUDENCE | 0 comments

Today, we can no longer imagine our life without the Internet, where a huge amount of information is consumed. To organize effective interaction between the authorities and society, timely informing citizens, broadcasting official data, the authorities in Russia actively use the Internet through the creation of official websites and accounts on social media. The author of the article analyzes and systematizes the regulatory and documentation support of the representation of state authorities of the Russian Federation on the Internet (including in social networks), identifies gaps in the current legislation and suggests ways of eliminating them.

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CONFLICT OF INTERESTS IN JOINT-STOCK AND CORPORATE LEGAL RELATIONS

Posted in 2022, Issue № 02(116) February 2022, JURISPRUDENCE | 0 comments

A lot of works have been devoted to the study of conflicts of interest, however, given the versatility of corporate relations, some aspects of the analyzed topic still remain open for research. In addition, considering the behavior of a participant (shareholder) with an eye to the presence of his interest helps to calculate a possible line of action in a given situation. This is necessary not only for building optimal structures of interaction between participants in corporate relations, but also for potential assistance to the Legislator, since he often studies the “practical scope of use” of a certain norm. The article gives a legal assessment of the conflict of interests in corporate legal relations on the basis of the application of joint-stock legislation, the author formulates some conclusions and proposals aimed at the effective application of the norms of joint-stock law in order to ensure and protect the rights of corporate participants.

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LEGAL ASPECTS OF REGULATING WOMEN’S REPRODUCTIVE RIGHTS IN TEXAS (A CASE STUDY OF THE TEXAS HEARTBEAT ACT)

Posted in 2022, Issue № 02(116) February 2022, JURISPRUDENCE | 0 comments

The debate in the United States concerning women’s reproductive rights and, as a result, abortion has become increasingly tense in recent years. The Texas law, which came into effect on September 1, 2021, known as the “the Texas Heartbeat Act”, may lay the foundation for a national trend of significant restrictions on women’s reproductive rights and lead to the abolition of the Roe v. Wade precedent of 1973. An attempt to challenge the case of Roe v. Wade was made earlier, in 2018, when Mississippi passed the Gestational Age Act, which prohibits abortions after 15 weeks of pregnancy. The Texas Heartbeat Act is even stricter, introducing a ban on abortions after 6 weeks of pregnancy. The article attempts to analyze the content of the act, it is argued that the deviation of the law from traditional private rights to a claim violates due process and that the new law enforcement scheme forms a dangerous precedent exported to other areas of constitutional law.

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ON THE DEMAND FOR LEGAL SERVICES DEPENDING ON THE IDENTITY OF A SERVICE PROVIDER

Posted in 2022, Issue № 02(116) February 2022, JURISPRUDENCE | 0 comments

The purpose of this article is to determine the presence or absence of inequality in the status of men and women in the provision of legal services. To achieve this goal, the authors outline the following range of tasks: to assess the historical retrospective of the process of becoming a female lawyer as a professional in the field of legal services; to analyze the difficulties and prejudices that women lawyers have to face in their activities; to study the statistical side of the demand for female lawyers in the professional arena; to analyze the provisions of current legislation, as well as comments of practicing lawyers on the issue under study. The results of this study can be used to improve modern domestic legislation.

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ON THE EFFECTIVENESS OF THE PROSECUTOR’S IMPLEMENTATION OF THE FUNCTION OF CRIMINAL PROSECUTION

Posted in 2022, Issue № 02(116) February 2022, JURISPRUDENCE | 0 comments

Numerous discussions about the fact that modern criminal prosecution seems to be untenable, does not fulfill its assigned functions in domestic criminal proceedings, are questioned if we consider this issue in a different light, assessing the effectiveness of the activities of the subjects of criminal prosecution. The current article discusses the issue of the effectiveness of the institution of criminal prosecution and the activities of its subjects. At the same time, numerous discussions about the subjects of criminal prosecution and the list of functions with which they are endowed have led to considering of the question of how effective individual state authorities are in the exercise of their powers. The subject of discussion is also the question of how well the assigned functions themselves are consistent. It is not about the function of criminal prosecution itself.

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LEGAL PROBLEMS OF ACCESSIBLE ENVIRONMENT FOR PERSONS WITH REDUCED MOBILITY

Posted in 2022, Issue № 02(116) February 2022, JURISPRUDENCE | 0 comments

This article examines the issues of a barrier-free environment from the point of view of legal regulation, analyzes the problems of the life of persons with disabilities and their legislative support in the Russian Federation. Attention to this topic is caused by a change in the attitude of modern society towards people with disabilities, understanding the need for their integration. The study examines the existing problems and contradictions of this area of the social sphere both from a legal point of view, including issues of social protection of disabled people, and from the point of view of their comprehensive rehabilitation. These issues are examined taking into account the practical experience of the authors. In conclusion, the authors propose prospects and ways of solving the problems outlined in the article.

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ON THE HISTORY OF THE FORMATION AND DEVELOPMENT OF LEGAL PROVISIONS ON PRE-MARITAL RELATIONS IN RUSSIA

Posted in 2022, Issue № 02(116) February 2022, JURISPRUDENCE | 0 comments

According to modern Russian legislation, a marriage is considered concluded only after its registration with the civil registration office. Only such a marriage in modern Russia is recognized as legitimate. The “fundamental group unit of society” is formed, which is built on the objective needs of a person, which is care, love, and security. Modern Russian family legislation corresponds to historically established values and traditions that have passed through the centuries; however, the current norms do not regulate the protection of property and personal non-property rights of future spouses in their pre-marital relations, as it was, to some extent, provided for in pre-revolutionary Russian legislation. Insufficient attention is paid to the study of theoretical aspects that develop between future spouses, as evidenced by a small number of scientific papers, but modern legal issues dictate the need to introduce organizational relations that precede marriage. The article examines historical approaches to the regulation of pre-marital relations, the knowledge of which can serve as a doctrinal basis for subsequent analysis and research of the legal regulation of pre-marital relations in modern Russian legislation. To characterize and analyze the relations preceding the conclusion of marriage, the article uses historical-legal and comparative-legal methods of scientific research, which contributed to the identification of certain patterns in the legal formation of the institution of marriage in the historical perspective.

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“EXTREME BRUTALITY” OF MURDER ACCOMPANIED BY AGGRAVATIONS AS AN EVALUATION CATEGORY IN RUSSIAN CRIMINAL LAW

Posted in 2022, Issue № 02(116) February 2022, JURISPRUDENCE | 0 comments

The purpose of this article is to analyze various doctrinal approaches to the definition of such a method of committing crimes as “osobaya zhestokost” (extreme brutality). Based on the analysis of the theoretical provisions of criminal law, explanations of the Plenum of the Supreme Court of the Russian Federation, materials of judicial practice in criminal cases, the study aims to distinguish the concepts of “brutality” and “extremebrutality” as a qualifying sign of murder and to identify the existing problematic issues of establishing the signs of a qualified murder committed with “extreme brutality”.

Results. Due to the absence of established regulatory signs and criteria necessary for the correct definition of special cruelty in the qualification of crimes, the author provides a definition of the evaluation category of a murder accompanied by aggravations –”extreme brutality”; the article highlights the circumstances relating to objective and subjective signs of the corpus delicti that are subject to establishment for the correct qualification of these acts.

This article is recommended to persons studying the academic disciplines “Criminal Law”, “Practicum on the peculiarities of the qualification of certain types of crimes”, as well as scientists and practitioners in the development and application of rules for the qualification of crimes committed in this way.

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ON THE CONCEPT OF THE DEVELOPMENT OF CONCILIATION PROCEDURES IN RUSSIAN LEGISLATION

Posted in 2022, Issue № 02(116) February 2022, JURISPRUDENCE | 0 comments

The article examines the specifics of the institute of reconciliation, describes the forms of conciliation procedures existing in Russian legislation, examines the prospects of the institute of reconciliation and the expansion of the practice of implementing conciliation procedures, particularly in civil proceedings. The study illustrates the advantages of the parties’ recourse to the reconciliation procedure. The article also investigates problems of practical implementation of conciliation procedures. In order to eliminate this problem, the author proposes to expand the scope of mediation, limiting its effect to particularly complex categories of cases, as well as the legislator to turn to foreign experience of its application while adapting it to the current domestic legislation.

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Trends in the Development of Legal Culture in Modern Russian Society

Posted in 2022, Issue № 02(116) February 2022, JURISPRUDENCE | 0 comments

The article presents the results of a theoretical and legal study of current trends in the development of legal culture in the modern legal system of Russia. The main features of the current state of the legal culture of Russian society is its value-oriented nature, which determines the specifics of its formation. The ideology of moderate conservatism influences the processes of formation of legal culture in the context of the development of civil society. State structures influence the processes of development of legal culture, actualizing the possibilities of constructing legal culture not only from the reference groups but also from the citizens involved in it.

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ESSENTIAL PROBLEMS OF LEGAL REGULATION OF ANIMALS AS OBJECTS OF CIVIL RIGHTS

Posted in 2022, Issue № 02(116) February 2022, JURISPRUDENCE | 0 comments

The article examines the main problems of legal regulation of animals as objects of civil rights. Based on the points of view existing in the legal theory, it is concluded that an animal is considered in civil law as an item, and not as a living being with its will and feelings, which prevents establishing the concept of an animal from a legal point of view without relying on philological and biological interpretations, classifying them and ensuring the existence of legal regimes protecting each variety of animals. Having examined domestic research on the issue under study, the authors draw conclusions on the current state of perception of animals as an object of civil rights and propose solutions to the problems existing in the theory of civil law related to the definition of animals as an object of civil rights are proposed (by analogy with the legal regime for the protection of wild animals already existing in Russian legislation). The authors offer an original interpretation of the concept of “animals”, develop recommendations on the perception of animals in the system of objects of civil rights and features of the development of normative legal acts designed to protect animals belonging to various categories.

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