Электронный журнал Юридические исследования - №1 за 2020 год - Содержание - список статей - ISSN: 2409-7136 - Издательство NotaBene
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Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 01/2020
Contents of Issue № 01/2020
JUDICIAL POWER
Ryzhkov K.S. - Limits of application of the principle of immediacy in civil procedure pp. 1-9

DOI:
10.25136/2409-7136.2020.1.31230

Abstract: The subject of this research is the principle of immediacy as one of the fundamental principles of civil procedure, defining the content of proving cases heard in the order established by the Civil Procedural Code of the Russian Federation. The goal of this article consists in a thorough analysis of the application of principle of immediacy within the framework of proving, which is regulated by the norms of the civil procedural legislation. The relevance of this topic is substantiated by vast number of exceptions in application of the aforementioned procedural legal principle, including those set by the current legislation. This research employs such methods as analysis, systemic-structural, hermeneutic, and formal-legal. Based on the acquired results, the author determines a list instances in which the current legislation allows for the possibility of limiting the implementation of the principle of immediacy within the process of examination and assessment of evidence by the court. Analysis is also conducted into the limits of application of the principle of immediacy with regards to each individual case.
Solovyev A.A. - General problems of legal regulation of administrative and judicial procedures related to compulsory medical treatment in foreign countries pp. 10-19

DOI:
10.25136/2409-7136.2020.1.29649

Abstract: The subject of this research is the questions of legal regulation of administrative and judicial procedures related to compulsory medical treatment in foreign countries. Such measures may be applied to persons suffering from dangerous infectious diseases and various addictions; however, in majority of countries are applied to persons with severe mental disorders. The experience of foreign countries in the area of legal regulation on implementation of the indicated procedures differs which requires conducting the comparative legal research. The scientific novelty consists in the fact that the author is first within the Russian legal science to carry out a comparative analysis of the administrative and judicial procedures associated with compulsory medical treatment used abroad. Particularly, the author explores such measures as compulsory ambulatory treatment and forced hospitalization, criteria for determining danger to others, as well as personal rights to individual to whom these measures are applied.
Договор и обязательства
Dobrynina L.Y. - Bank deposit agreement in the Russian Federation: combination of private and public interests therein pp. 20-35

DOI:
10.25136/2409-7136.2020.1.30291

Abstract: The object of this scientific-theoretical research consists in public relations emerging during investment of finances into bank deposit from the perspective of profitability factors, security and liquidity. The author analyzes the novelties introduced into the Civil Code of the Russian Federation, including those pertinent to new types of bank deposits. The work discussed all-round state control over the movement of finances in bank deposits, justifying the examination of a number of responsibilities of public commercial banks. The article analyzes legislative regulating relations by bank deposit agreement, which includes not only norms of private law, but public law as well. Research is carried out on the legal problems associated with the changes and termination of bank deposit agreement. The legislative array regulating these relations, is being examined as a complex legal institution, combining norms of civil, financial, and administrative law. The legislator protects not only the rights of investors, but also performs a supervisory and stimulating policy in the financial market, ensuring stability of the entire economic space of the Russian Federation. The article makes a number of recommendations on improving civil legislation aimed at protection of the rights of bank investors.
Practical law manual
Mironov R. - Capabilities of mathematical modeling of network interaction of the law enforcement authorities pp. 36-46

DOI:
10.25136/2409-7136.2020.1.30418

Abstract: The subject of this research is the mechanism of integrated cooperation of law enforcement authorities, which due to application of modern technologies and capabilities of mathematical modeling and with consideration of the current political, organizational and normative-legal factors of counteracting criminality, would allow eliminating the organizational and management contradictions between the virtually established vertical-subordination model of interaction of the law enforcement authorities and the framework of public administration. The goal of this work consists in introduction of the basic foundations of mathematical modeling of interaction of law enforcement authorities at the intersection of two scientific directions – game theory and social network analysis, in the process of improving social technologies of public administration in the law enforcement sphere. The article is prepared on the basis of law enforcement practice leaning on the positions of social administrative theory, cybernetics, information analysis, and most recent achievements in the area of cross-disciplinary studies. The scientific novelty is defined by the hypothesis on the network social structure. Due to this fact, the developed mechanism of network interaction of law enforcements authorities [4, p. 31-41] is an element of digital economy responsible for solution of economic-mathematical problems, which in turn, substantiates the mechanism of improvement of social technologies of public administration in the law enforcement sphere.
Теория и философия права
Rundkvist A.N. - Correlation of principles of justice and lawfulness: criteria of injustice of law pp. 47-60

DOI:
10.25136/2409-7136.2020.1.30309

Abstract: The object of this research is the legal principles of justice and lawfulness. The subject of this research is the fundamental general theoretical question of correlation of legal principles of justice and lawfulness for the purpose of establishing which of these principles has priority over the other, as well as criteria by which the positions of a particular legislation can be attributed to just or unjust. Special attention is given to the concepts of presumption of justice of law and extremely unjust (unlawful) law. The novelty of this research is reflected in the following : 1) original definition is given to the principle of justice as a universal legal backbone supra-principle, based on the concepts of common good and legal balance, penetrating the entire system of legal principles, directly connected to the legal axioms and having priority character compared to principle of lawfulness; possible flaws are determines in normative legal acts from the standpoint of justice, such as flaw of intention (augmented by negative result), flaw of the author, flaw of the form, flaw of the content, flaw of implementation; 3) the author delineates the concept of presumption of justice of law active with regards to any official legislation, excluding those characterized as unjust; 4) criteria are determined for extremely unjust law; 5) the author introduces the category of “debatable” law, benefiting from the current presumption of justice, and the category of “anient” laws that are unlawful in their nature.
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