Электронный журнал Юридические исследования - №12 за 2019 г - Содержание, список статей. ISSN: 2409-7136 - Издательство NotaBene
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 12/2019
Contents of Issue № 12/2019
Экологическое и земельное право
Belolyubskaya G.S. - Legal Regulation of Collection of Mammoth Fossils Remains in the Russian Federation pp. 1-11

DOI:
10.25136/2409-7136.2019.12.31697

Abstract: Severe measures of fighting against illegal sale of mammoth fossils undertaken by the global community have caused the boom on the mammoth fossils market. Considering that the greatest part of the mammoth fossils remains has been discovered in the territory of the Russian Arctic, the legal regulation of mammoth fossils in Russia is of pure research interest. In her article Belolyubskaya analyzes peculiarities of the legal regulation of this sphere at the federal and regional levels in the Russian Federation. Until present, the federation constituents have been playing the main role in collection and extraction of mammoth fossils. However, the boom on the mammoth fossils market have resulted in the need to adopt a federal law that would declare mammoth fauna remains as the natural resource of the country. The researcher has analyzed legal documents of both federal and regional levels that regulate the processes of collection and extraction of mammoth fossils. As an example, the researcher analyzes the legislative experience of the Republic of Sakha (Yakutia) where regulation of the turnover of mammoth fossils has been under close attention since the 1990s. The researcher focuses on whether mammoth fossils should be declared as natural resource and possible consequences of such decision for native communities of the Russian Arctic. 
Law and order
Titov S.N. - The Object of the Crime and the Object of Criminal-Legal Protection in the Field of Intellectual Property pp. 12-25

DOI:
10.25136/2409-7136.2019.12.31836

Abstract: This article is devoted to the analysis of the object of the crime and the object of criminal-legal protection in the field of intellectual property. The author of the article sets a goal to define the relationship between these terms and their contents. Titov concludes that these terms are based on the same values but describe different functions. In relation to a criminal these values act as the object of the crime and in relation to the state they act as the object of criminal-legal protection. The author applies the methods of grammatical analysis, systemic-structural analysis and others. Certain provisions are enforced with cases from judicial practice. Titov concludes that out of all elements of social relations that arise in the process of protection of intellectual property, a criminal harms only a rightholder. The latter is seen as the object of the crime. A socially dangerous action is aimed at the following values possessed by a right holder: firstly, authorship is an intangible benefit that connects an individual and results of his or her intellectual activity; secondly, exclusive right is the right of a rightholder to use scientific, literary or artistic work including computer software and data base, trademarks, TV and radio broadcasting, schemes, models, microschemes, trade secrets, etc. The article has been written and published as part of the university program of Ulyanovsk State Pedagogical University. 
JUDICIAL POWER
Gashin A.A. - Execution of Decisions Issued by the European Court of Human Rights in Russia: Review of the Experience of the Constitutional Court of the Russian Federation pp. 26-34

DOI:
10.25136/2409-7136.2019.12.30208

Abstract: In his article Gashin analyzes the current situation regarding execution of acts of the European Court of Human Rights in Russia from the point of view of decisions issued by the Constitutional Court of the Russian Federation during the period since 2013 till 2017. Being the matter of research, current law enforcement practice of the Constitutional Court of the Russian Federation proves that Russia is not going to implicitly execute all decisions of international law-enfrocement authorities including the European Court of Human Rights. In the course of his research Gashin has used formal logical, historical legal, comparative legal and other research methods common for legal science. The review of the experience of the Constitutional Court of the Russian Federation as well as opinions of scientists and lawyers demonstrates that the supreme authority of constitutional control of the Russian Federation did not only exceed authority but in fact deprived Russian citizens to apply to the European Court of Human Rights as the final law-enforcement authority. The researchers conclude that at the present time the relationship between the Russian Federation and the European Court of Human Rights is in tenterhook, therefore it is necessary to create a new mechanism of execution of decisions issued by the European law enforcement authority here in Russia. 
Practical law manual
Cherkasova O.V. - Reasonable Interest as the Criteria of Good Faith of a Minority Participant During Exercising the Right to Information Under the Corporative Law of Russia pp. 35-43

DOI:
10.25136/2409-7136.2019.12.31297

Abstract: The object of the research is the term 'reasonable interest' and 'business purpose' during exercising the subjective right to information by a minority participant of corporation. The problem is that there is no single opinion both in doctrine and practice regarding the aforesaid terms as well as criteria of good faith of a minority participant during exercising of right to information about corporation activity. The subject of the research is different doctrinal interpretations of the terms 'interest', 'balance of interests', 'good faith of a minority participant in the process of gaining information' and judicial practice. The methodological basis of the research includes the following methods: analysis, synthesis, comparative legal, systemic structural, formal legal, theoretical prognostical methods and interpretation of law. The novelty of the research is caused by the fact that the author offers a list of criteria of good faith of a minority participant when a participant seeks to get access to information. This provision must be reflected at the level of corporation local acts which will reduce the level of corporate conflicts to the minimum. 
Теория и философия права
Balanovskii V.V. - Transcendentalism of Immanuel Kant as the Key to Understanding Specifics of Judge's Activity pp. 44-52

DOI:
10.25136/2409-7136.2019.12.31745

Abstract: The subject of the research is explication of Immanuel Kant's views on specifics of judge's activity. Despite the fact that the aforesaid issue was not so frequently discussed by the philosopher, it is still possible to find ideas in his works that are important for modern law enforcement practice and demonstrate why judges take certain decisions what principles they follow or must follow. The author of the article bases his research not only on Kant's works on practical philosophy (which is expectable because he speaks of philosophical-legal aspects of law enforcement) but also on theoretical philosophy. The main research method used by the author is the analysis of primary sources for the purpose of explication and reconstruction of Immanuel Kant's ideas that are of crucial importance for the solution of aforesaid issues. The scientific novelty is caused by the fact that never before Russian or foreign academic literature contained explication of Immanuel Kant's ideas about specifics of judges' activity. Meanwhile, this is a very important topic for the revitalisation of transcendental idealism ideas that have a powerful heuristic potential for the development of the modern philosophy of law. In particular, the author suggests to analyze activity of judges from the point of view of Imannuel Kant's teaching about abilities of judgement. Moreover, the author focuses on the definition of reflective justice that allows to define some peculiarities of the process of judge's decision-making process. 
Academic life
Pleshakov A.M., Shkabin G.S. - Issues that Arise in the Process of Carrying Out a Sociological Research in Criminal Law pp. 53-64

DOI:
10.25136/2409-7136.2019.12.29337

Abstract: The matter under research is the first stage of writing a dissertation thesis on criminal law, i.e. the research program. The authors of the article analyze structural elements of the Program. The authors focus on particular issues that arise in the process of defining the matter of the research, interpretation of terms and planning. They give recommendations on how to improve the methodology and procedure of a sociological research. Special attention is paid to the issues that arise in the process of collection of empirical material, preparation of questionnaries, validity of results, processing and analysis of primary sociological information. To achieve their research targets, the authors have applied such research methods as analysis, synthesis, and formal law methods. The novelty of the research is caused by the fact that this research is the first one to be devoted to the methodology of sociological research in criminal law. As a result of their research, the authors conclude that a survey in criminal research should be aimed at proving or disproving theoretical provisions of criminal law. 
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