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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 03/2018
Contents of Issue № 03/2018
Questions of current interest
Kuznetsova N.G. - Legal Status of the Aggregator of Information about Goods (Services, Works, Digital Content) and its Pre-Contractual Duties pp. 1-15

DOI:
10.25136/2409-7136.2018.3.25508

Abstract: The article is devoted to the problem of the legal status of the aggregator of information about goods (services, works, digital content). The author of the article examines the draft law and amendments thereto that regulate the definition of the aggregator of information about goods (services), its pre-contractual duties and responsibility before consumers. The author also focuses on the role of the aggregator at the pre-contractual stage. The author analyzes whether it is possible to impose other pre-contractual duties on aggregators such as submission of necessary information and the degree of their responsibility before consumers. In her research Kuznetsova uses such methods of research as analysis and synthesis, induction and deduction, formal law method, analysis and generalization of legal materials, and legal forecasting. The author of the article gives a fuller definition of the aggregator as it is set forth by the draft law and extends the scope of the activity of aggregators so that the scope includes not only goods and services but also works and digital content. In the course of her research Kuznetsova analyzes the experience of the foreign states, in particular, that of the European Union. The author offers a list of pre-contractual duties beared by the aggregator before consumers. These duties regulate the right of consumers to information protection as well as the degree of responsibility of the aggregator. The author also gives recommendations regulating the activity of the aggregator of information about goods (services, works, digital content) at the pre-contractual stage.
Davydova E.A. - Concerning the Question about the Legal Stimulating of the Economy Innovative Development pp. 16-23

DOI:
10.25136/2409-7136.2018.3.25768

Abstract: The article is devoted to topical issues relating to the legal stimulating of the economy innovative development in the Russian Federation. The object of the research is the theoretical and practical aspects of the legal stimulating and the subject of the research is the legal patterns of developing the mechanism of legal stimulating of the economy innovative development. The author of the article analyzes definitions of the legal stimulus and and legal stimulating. Davydova assumes that it would make a sense to apply a more general approach to studying the phenomenon of legal stimulating in terms of the economy economic development. In a wide sense, legal stimulating can be defined as the process that ensure the achievement of certain goals through making a positive influence on social relations. It is better to apply a more integral approach to developing the mechanism omf the legal stimulating of the innovative development, moreover, the development of legal stimulating is impossible without using methods and empirical material of other sciences (economics, politics, social studies, psychology, etc.). Thus, the author of this article uses the interdisciplinary approach to carrying out the research. Based on the author, the first and the main factor that makes it difficult for the Russian Federation to start the innovative development is poor activity of social institutions, in particular, the fact that there is no institution of property. Based on the analysis, the author defines structural elements of the mechanism of legal stimulating as including political, legislative, organisational and financial measures. The author also emphasizes the need to undertake measures to improve the institutional environment as it is an essential condition for innovative development, as well as to create the system of timely monitoring of the economic and legal situation in the sphere of innovations in order to discover and improve unproductive legal mechanisms.  
Law and order
Afanas'ev A.Y., Repin M.E. - One More Argument Against a Stage of Initiation of Legal Proceedings pp. 24-30

DOI:
10.25136/2409-7136.2018.3.23180

Abstract: Today the stage of initiation of legal proceedings is in extremely disputable state. A considerable part of representatives of criminal procedure science and practicians declare need of revision of a role and the place of this stage for criminal trial up to her elimination. At the same time in justification of the position various authors adduce a set of arguments. In this article a number of such provisions acting from the author's point of view essential in a question of an exception of the analyzed stage of criminal trial are reflected. Besides, by the author it is established that the raised korruptsiogennost of the specified procedure proceeding from the dispositive provision of the p. 2 of Art. 140 of the Code of Criminal Procedure of the Russian Federation acts as one of the main bases for elimination of a stage of initiation of legal proceedings. Definition of degree of corruption risk of this norm and in general the criminal procedure decision on excitement (about refusal in excitement) criminal case has become possible thanks to a method of the statistical multidimensional analysis, namely cluster analysis. In addition, in article the group general scientific and specially methods of scientific knowledge is used. As a result of a research taking into account foreign experience of reforming of the criminal procedure legislation and domestic developments in the field of improvement of pre-judicial production it was offered to exclude a stage of initiation of legal proceedings from criminal trial and the related norms from the Code of Criminal Procedure of the Russian Federation, thereby having presented option of the beginning of pre-judicial production from the moment of registration of the message on a crime.
Mironov R. - Network Interaction of Law Enforcement Authorities as the Mechanism to Improve Social Technologies of State Management in Law Enforcement Sphere pp. 31-41

DOI:
10.25136/2409-7136.2018.3.25083

Abstract: As part of improvement of social technologies in law enforcement activity, the author of the article describes the mechanism of network interaction of law enforcement activities under the conditions of modern network community as well as expected transfer of Russian economy to its digital model. The purpose of the research is to discover organizational and managerial contradictions between Russia's established vertical subordination model of law enforcement interaction and foundations of state management and use of social technologies as a modern mechanism within the network community and digital economy. The objective of the research is to define the role of mutual activity of law enforcement activities in transformation of the entire law enforcement system aimed at improving state management in the law enforcement sphere. The article was written based on the analysis of legal provisions, departmental legal acts, law enforcement practice of law enforcement agencies in terms of the theory of social management, cybernetics, information analysis and most recent achievements in the field of interdisciplinary researches. In his research Mironov has applied general research and specific law research methods and techniques which ensures an in-depth analysis of law enforcement activities. The novelty of the research is caused by the fact that the author offers his own hypothesis about the network structure of the society. The rationale of the research is caused by the focus of the President of Russia on building a digital economic system as an actual need to support competitive ability of Russia's economy among other global economies. For this purpose, the author develops a mechanism of network interaction of law enforcement activities as part of digital economy which, in its turn, predetermines the mechanism to improve social technologies of state management in the law enforcement sphere. 
History of state and law
Babich I.L., Pliev A.A. - History of Bood Vengeance of Chechens and Ingush (1870 - 1960) pp. 42-57

DOI:
10.25136/2409-7136.2018.3.25506

Abstract: The purpose of this article is to analyze the main components of the institution of blood vengeance in Chechen and Ingush communities over the period of time since 1870 till 1960 and compare it to other nations of the North Caucasus in order to discover differences and similarities. According to the author, this approach will allow to define a number of associated legal tendencies. The object of the research is the institution of blood vengeance and how it had been developing over 100 years in the North Caucasus. The subject of the research is the main components of the aforesaid institution such as causes of conflicts, forms of revenge, subjects and objects of revenge, rules of behavior, etc. The research is based on the historical ethnographical research method that allowed the author to carry out a field research and collect ethnographical material about the existence of the institution of blood vengeance since 1870 till 1960. The field research involved interviews of old people (90 - 100 years old) who either witnessed such conflicts themselves or heard stories about them in their family. In addition, the author also used archives of the North Caucasus as the material to compare those stories to. Even though there are researches on blood vengeance in the North Caucasus, so far there have been no researches devoted to the institution of blood vengeance of the Chechens and Ingush and how it had been developing since 1870 till 1960 that would imply ethnographical data and archives of the Supreme Courts of a number of North Caucasian republics. Analysis of that institution of previous times allows to better understand modern legal processes in the North Caucasus. 
Practical law manual
Yarovenko V.V. - Criminal Responsibility for Using Cold Weapons pp. 58-75

DOI:
10.25136/2409-7136.2018.3.25553

Abstract: The article is devoted to criminal responsibility for using cold weapons, all kinds of knives and items that can be used as weapons. The author of the article demonstrates that the danger to the public depends not on the item that was used to commit a crime but actions committed by the guilty to the victim. The number of crimes that resulted in life and health injury were committed using general purpose items is more than that committed using cold weapons. In this research Yarovenko also pays attention to technical features of knives that are similar to cold weapons and considerably exceed admissible criteria. The methodology of the research is based on the analysis of applicable criminal laws, opinions of scientists and judicial investigative practicians regarding the definition of cold weapons and items that can be used as cold weapons. The novelty of the research is caused by the author's conclusion that since the criminal law regulating the use of cold weapons and items that can be used as cold weapons does not contain any distinctions between these, these crimes (Part 4 of Article 222 of the Criminal Code of the Russian Federation and Part 4 of Article 223 of the Criminal Code of the Russian Federation) can be decriminilized as if they were not causing any threat to the public.  
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