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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 04/2018
Contents of Issue № 04/2018
Questions of current interest
Morkhat P.M. - Concerning the Question about the Legal Personality of Electronic Person pp. 1-8

DOI:
10.25136/2409-7136.2018.4.25647

Abstract: The subject of the research is the analysis of the legal personality of a new entity, electronic person. Morkhat provides current definitions of electronic person including those offered by the foreign scientists. The author of the article underlines the importance of developing the Russian law that would regulate the electronic person (artificial intellect) issue. The author analyzes the legal consolidation of The Commission of the European Parliament for Civil Regulation in the Field of Robotechnics. Indeed, we should not forget about the risks when we encourage the development of the human civilization through the means of technical regulation and try to create robots with artificial intellect that would serve the humanity. In this research Morkhat has used the method of materialist dialectic, structured system analysis, functional analysis, comparison, formal logic, comparative law, technical law and logical method. According to theauthor, growing independence of robots with artificial intellect would require to review a whole range of reference legal structures and even reference branches or institutions of law (legal responsibility regime, taxation regime, regulation of accountability and reporting, regulation of intellecltual property rights, e-commerce regime or so called trade bots, electronic person protection regime, etc.).
Nesterov A.I. - Mass Media in Terms of Legal Capacity and Competence pp. 9-20

DOI:
10.25136/2409-7136.2018.4.20729

Abstract: The subject of this research is the particular aspects of the legal regulation of mass media sphere that touch upon the nature of mass media and mass media establishment. The author of the article carries out an analysis of the Russian law on mass media and, based on the analysis results, makes a number of conclusions that underline the need to improve certain provisions of the laws not only in the procedure but also in the content. The author pays special attention to the definition (i.e. clarification) of the range of collective law subjects that have the right to act as an establisher of mass media according to the Russian law. The methodological basis of the research includes general research methods, formal law method of interpreting law and comparative law method. Based on the author, the novelty of the research is caused by the approach to interpreting mass media information as it is, i.e. using such legal concepts as legal capacity and law subject as methodological means of research. On the one hand, this allowed to demonstrate imperfection of the Russian law, in particular, the fact that the 'mass media' term is used by the Russian law in different meanings (law subject and law object) while it is legally defined as the law object. On the other hand, in the course of his analysis of applicable laws and regulations as well as judgements of Russian courts, Nesterov has discovered uncertainty in the definition of a range of individuals whose legal capacity allow them to act as mass media establishers. The author points out that not all collective law subjects mentioned in Article 7 of the Law on Mass Media may act as mass media establishers. It appears that conclusions made by the author may be of interest to researchers and, if recognized, may be used in law-making and law-enforcement processes. A number of conclusions and suggestions made by the author of this article focus not only on improving particular laws and regulations but may also extend the mechanism of legal regulation of all social relations being viewed as well as define a range of individuals who are entitled to execute rights and responsibilities set forth by the law as well as to bear legal responsibility for violations of law being committed. 
Договор и обязательства
Makushkin V.O. - Bank Account Pledge of Rights and Pledge Account: Current Status and Development Prospects pp. 21-31

DOI:
10.25136/2409-7136.2018.4.26026

Abstract: The article is devoted to the ways of improving the institution of bank account pledge of rights and legal regime of pledge account. In particular, the author analyzes opportunities of overcoming the collisions of civil and financial laws arising as a result of pledge accounts, procedures of openning and closing pledge accounts, and reduction of depositing burden on possible loan losses that may be incurred by banks when enabling credit organisation clients to pledge their rights based on a bank account contract. The methodological basis of the research includes general research method (analysis, synthesis, analogy) and special research methods (formal law method and systems approach). The novelty of the research is caused by the fact that that there are certain problems of the legal regulation and lack of the integral approach to solving them. The following conclusions have been made by the author on the basis of the research results: 1. At the present time there is no clear system of recording bank account pledge of rights which disturbs the right of non-pledge pledgor creditors to judicial defence. 2. Prior to the moment when the bank account pledge of rights occur, the bank must have all necessary information about the pledgee and grounds of his or her participation in the pledge relations. 3. To provide banks with an opportunity to execute rights set forth by the AML/CFT laws, there should be a balance between private pledge account laws and public laws being achieved. 4. In order to reduce the depositing burden on banks, the author suggests to view the bank account pledge of rights as the first type of collateral.
History of state and law
Mordovtsev A.Y., Mordovtseva T.V., Mamychev A.Y. - Comparative Law in the Classical Ancient Philosophy and Law: Sociocultural and Legal Mental Analysis pp. 32-41

DOI:
10.25136/2409-7136.2018.4.24038

Abstract: The subject of this research is the sources of formation of a subject domain as well as conceptual and methodological bases of comparative law in ancient philosophical and legal discourse. The authors address to the heritage of Ancient Greek and Ancient Roman philosophy of law, reveal specifics of antique legal thinking, offer sociocultural and mental assessment of its contents and orientation of development of the latter. They emphasize the importance of the Ancient comparative and legal discourse for the formation and development of legislative, law-enforcement and right interpretative practice of the past and the present. In their research the authors have used historical and legal and comparative and legal methods. As the methodological strategy of the research they have used the discourse approach offered by M. Foucault who insisited that the appeal to the research of various sociocultural phenomena including the state and legal phenomena and processes should be realized in terms of of acting social practices that influence the essence of the latter. For these research objectives, the authors have described a number of social practices that predetermined the development of both public, and hidden comparative and legal discourses which defined formations and development of the classical Ancient philosophy and law. In their research the authors have described particular features of the formation and development of a subject domain and methodlogical grounds of of comparative law in Ancient socio-cultural and political and legal scenarios. They have proved that Greek and Roman concepts of the political and legal relaities, their forms and means of constructing legal terms and practical tools became a substantive beginning and course of an original and unique European (and later EuroAmerican) legal universum.
Antonov-Romanovskii G.V., Chirkov D.K. - Rural Crime Studying Methodology During the First Years of the Soviet Regime pp. 42-49

DOI:
10.25136/2409-7136.2018.4.24375

Abstract: The 1920s faced the ideological pressure on the rural crime studying methodology as the peasant policy tightened. During the period of narrowing economic independence of peasants, all researches were marked as 'Marxist understanding of crime factors'. Collectivisation resulted in recognition of the 'anti-scientific nature' of the factors theory and reduction of rural crime researches. The object of this research is the social relations that relate to the existence of crime in the country-side and measures undertaken to prevent it during the first years of the Soviet regime. The purpose of the research is to discover criminological features of rural crime during the first years of the Soviet regime. The subject of the research includes the criminological features of rural crime; measures of overall social and special legal prevention of rural crime; and results of multi-year researches carried out by the authors. The research methods used by the authors included general research methods and special research methods such as logical, historical, comparative law, structured system and statistical methods. The methodological basis of the research implied the founding categories of the dialectical materialism such as negation of the negation, transition from quantity to quality, and others. The scientific novelty of the research is caused by the fact that for the first time in the academic literature the authors describe criminological features of rural crime and specific measures of prevention of this kind of crime as a result of their analysis of rural crime during the first years of the Soviet regime. The main conclusion of the research is that not only rural living conditions influenced the crime factors but so did repression and prohibition of crime studies in the USSR. 
Practical law manual
Kolesnikov A.A. - Procedural Features of Pre-Trial Dispute Resolution of Claims to Declare a Title to Unauthorized Construction pp. 50-54

DOI:
10.25136/2409-7136.2018.4.25830

Abstract: This article is devoted to the analysis and search for a legal solution of differences in evaluation of pre-trial activity (or inactivity) performed by an applicant for legalization of uauthorized construction when viewing claims to declare a title to unauthorized construction in civil and arbitration processes. The author of the research analyzes views and positions of the academic community as well as provisions of law and law-enforcement practice of arbitration courts and courts of general jurisdiction of the Russian Federation regarding pre-trial regulation of claims to declare a title to unauthorized construction. As a result of the author's in-depth analysis of judicial activity of general jurisdiction courts an arbitration courts, the author discovers that there is no unified approach to this issue in the law-enforcement practice and analyzes what possibly may cause such a contradiction. In order to avoid limitation of the constitutional right of an individual to judicial defence, the author offers to make amendments to Clause 3 of Article 222 of the Civil Code of the Russian Federation that legalizes a mandatory pre-trial procedure of dispute resolutions of claims to declare a title to unauthorized construction in the form of undertaken activities to legalize unauthorized construction. 
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