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MAIN PAGE > Journal "Legal Studies" > Contents of Issue 11/2020
Contents of Issue 11/2020
JUDICIAL POWER
Balanovskii V.V. - The role of judges' assessment of legally significant circumstances in civil and administrative proceedings: on the example of Kaliningrad Oblast pp. 1-17

DOI:
10.25136/2409-7136.2020.11.34600

Abstract: The main purpose of the article is to demonstrate on the matter of empirical material the importance of judges assessment of legally significant circumstances of the case for Russian civil and administrative proceedings. The subject of the research is the norms of the current procedural Russian legislation, the texts of the appellate rulings on cancellation of the decisions of the courts of first instance in civil and administrative cases of the Kaliningrad region, which entered into force in the period from 01.01.2017 to 31.12.2020, and the data of judicial statistics of the Judicial Department at the Supreme Court of the Russian Federation for 2017-2019. The author uses sociological and mathematical methods, as well as methods of content analysis of the texts of appeal rulings on the cancellation of decisions of the courts of first instance in civil and administrative cases. The novelty of the study is due to the fact that nobody has previously collected and analyzed statistical data on specific grounds for the complete cancellation of decisions of the courts of first instance in appeal order in civil and administrative cases in the Kaliningrad region. As a result of the analysis of specific empirical material, the author establishes that the judges' assessment of legally significant circumstances plays a key role for contemporary Russian legal proceedings. This is especially true for civil proceedings. This conclusion follows from the fact that every 25th decision of the court of first instance in civil proceedings is subject to complete cancellation. In 80% of such cases, the court's incorrect assessment of the legally significant circumstances of the case is the only or one of several grounds for cancellation.
Questions of current interest
Makarov V.O. - Practical issues of implementation of the institution of regulatory sandboxes into the Russian legislation in the context of enactment of the Federal Law of 07.31.2020 No.258-FZ On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation pp. 18-25

DOI:
10.25136/2409-7136.2020.11.34587

Abstract: This article reviews the topical practical issues of implementation of the institution of experimental legal regimes into the Russian legal system due to adoption of the new Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”. The author analyzes the social context that changed in the course of discussion and revision of the draft law, as well as examines the problems of harmonization of the current legislation with the new legislation. The question is raised on the adequacy of exceptions with regards to processing of personal data for the participants of experimental legal regimes; the presence of parallel regulation of the sphere of digital innovations is indicated. Analysis is conducted on the legislative novels in the area of establishment and regulation of experimental legal regimes in the Russian Federation. The conclusion is made on the timeliness of adoption of the Federal Law “On Experimental Legal Regimes in the Sphere of Digital Innovations” and feasibility of usage of its legal mechanisms in the changing conditions caused by the spread of coronavirus infection COVID-19. The need is underlined for determination of the hierarchy of sources and model of legal regulation for the experimental legal regimes to exclude parallel regulation of the uniform social relations by various federal laws, as well for further elaboration of special legislative norms on personal data protection applicable to experimental legal regimes that involve big data analysis.
Belolyubskaya G.S. - Legal regulation of protection of paleontological objects: the experience of Canada pp. 26-38

DOI:
10.25136/2409-7136.2020.11.34721

Abstract: The protection of paleontological material holds one of the central places in the sphere of conservation of the objects of historical-cultural heritage. Each country has its own legal traditions and system on the protection of fossil objects on their territory. Attention is given to legislative regulation of the search, acquisition and collection of paleontological objects in Canada. The experience of this country is of particular interest for the Russian practice. Unlike other countries, Russia and Canada have similar climate, geography and natural conditions, presence of permafrost and deposits with fossils. Therefore, Canadian experience in e protection of paleontological objects deserves close consideration. The analysis of legislative acts of the provinces and territories of Canada reveals the peculiarities of legal regulation in this area and organization of government system on the protection of fossil deposits. The novelty of this work consists in placing the emphasis on the formation and distribution of proprietary rights to fossil objects and permeniralized fossils. The following conclusions were made: as a cultural-historical value, all fossil objects are owned by provinces and territories, which prevents them turning into sales unit; organization of protection of paleontological objects has a horizontal structure with priority of provincial and territorial authorities, rather than federal.
Beketov O.I., Maile A.D., Goman O.S., Surgutskov V.I. - Models of legal regulation of sales of personal weapons in foreign countries (on the example of the United States, Germany, and Japan) pp. 39-51

DOI:
10.25136/2409-7136.2020.11.34726

Abstract: The object of this research is the social relations established with regards to the sales of personal weapon in the United States, Japan, and Germany. The subject of this research is the legislation of the aforementioned countries, which regulates the sales of weapon for civilian population. The key goal lies in elaboration of the models of legal regulation of the sales of personal weapons based on the analysis of normative legal acts. The article reveals the peculiarities of establishment, development, and current state of legal regulation of sales of personal weapons abroad using the example of three countries – United States, Germany, and Japan. The scientific novelty of the conducted research consists in description of the three contrasting models of legal regulation of sales of personal weapons: liberal-permissive, prohibitory-paternalistic, and combinatory. The conclusion is made that the choice of the method of legal regulation of sales of personal weapons depends on the objective factors the country exists in, namely: social, political, cultural, ideological, religious, as well as historical experience of the country, regulation of domestic social issues, population mentality, presence or absence of the “war status”. There is yet no universal model for regulation of the sales of personal weapon. Most efficient implementation of the indicated models is possible only in case of the balanced consideration of all objective actors for each particular country.
Law and order
Garipova K.V. - Peculiarities of civil claim and calculation of compensation for emotional harm in cases involving medical aid pp. 52-62

DOI:
10.25136/2409-7136.2020.11.33598

Abstract: This article is dedicated to the specificity of filing a civil claim and calculation of compensation for emotional harm in criminal proceedings regarding the improper performance of medical personnel, for illustrating the amounts awarded by the courts of the Russian Federation and analyzing the compensation calculation procedure. The author carries out historical-legal and comparative-legal analysis of the institution of compensation for harm to the aggrieved party in Russia and foreign countries. The goal of this study consists in development of the concept of compensation for harm caused by improper performance of medical personnel that would require the current public needs. The article employs the universal dialectical, logical, formal legal, comparative-legal, and hermeneutic methods. The subject of this research is the norms of the criminal procedural and civil legislation that regulate the questions of compensation for harm in cases involving medical aid. Description is given to the methods of calculation of compensation offered by various representatives of legal science throughout the entire national history. The article is one of the first attempt to analyze compensation for harm within the framework of criminal cases involving medical aid. The conclusion is made that the courts of the Russian Federation award measly compensations.
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