Электронный журнал Юридические исследования - №2 за 2020 г. - 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 № 02/2020
Contents of Issue № 02/2020
Practical law manual
Basmanov N., Ilin A.V. - Jurisdiction over claims made against public-legal institutions pp. 1-8

DOI:
10.25136/2409-7136.2020.2.32116

Abstract: This article discusses the question of territorial jurisdiction over claims made against public-legal institutions (Russian Federation, constituent entities of the Russian Federation, municipal formations). The subject of this research is the current procedural norms regulating the questions of jurisdiction, and the established law enforcement practice. Attention is turned to the existence of gaps in legal regulation of the question of jurisdiction over claims made against public-legal institutions in the Civil Procedure Code of the Russian Federation and Arbitration Procedure Code of the Russian Federation. The authors analyze the established approaches in law enforcement practice towards solution of the aforementioned problem. Methodological framework includes the comparative-legal method and such formal-logical methods, as analysis, synthesis and induction. The relevance and practical importance are substantiated by the subject of research – the law enforcement practice formed by the Russian judicial authorities over the recent years. The conclusion is made on the need for elimination of the existing gap in the normative-legal regulation by amending the current procedural legislation.
Korchagin A.G., Yakovenko A.A. - Criminogenic role of cryptocurrency pp. 9-19

DOI:
10.25136/2409-7136.2020.2.32096

Abstract:  This article explores the phenomenon of cryptocurrency and technology it is based upon. The authors describe the mechanism of its functionality along with the occurred problems of legal nature, which being interrelated make the phenomenon in question appealing within the criminal environment. Global digitalization sets new requirements, namely the combinations of legal and technical regulators meant to achieving adequate legal regulation in the digital era. The subject of this research is the Russian and foreign legal doctrine that reveals the essence of the indicated technology and mechanisms for protecting social relations in the context of utilization of this technology. The research methodology consists of the following methods: statistical, dogmatic, comparative-legal, synergetic, logical, functional, and systemic. The scientific novelty is substantiated by the need for convergence of the legal and information systems and demonstration of such convergence during the period of rapid digitalization in all social spheres. The authors draw a conclusion that the problem carries a comprehensive character, and the longer it takes to resolve the issues of legal regulation, the higher are the risks of using cryptocurrency.  
Law and order
Suponina E.A., Dolgikh I.P. - Petty crime: quo vadis? pp. 20-29

DOI:
10.25136/2409-7136.2020.2.31812

Abstract: The subject of this research is the normative gaps that have been an intrinsic part of petty crime for many years. Among most discussible within the academic community problems related to such legal violation, the author selected the following: absence of legal definition of the concept of obscenities in the national legislation; complexity of delimitation of petty crime from the adjacent administrative and criminal offences; disaccord in interpretation of the concept of “public place”. Particular attention is paid to the prospects of optimization of administrative-legal norms established in the Article 20.1 of the Code of Administrative Offences of the Russian Federation. The main conclusion of the conducted research lies in the statement that from the perspective of legal technique, the article 20.1 of the Code of Administrative Offences of the Russian Federation is in a permanent motion. However, this motion is chaotic and inconsequential. The introduced amendments to the text of codified law did not enhanced the protection of public order, as well as created the additional difficulties for the law enforcer. This article makes an attempt of systemic analysis of provisions of the Federal Law No.28-FZ of 03.18.2019 that complemented the article 20.1 of the Code of Administrative Offences of the Russian Federation with the Sections 3-5.
Danilovskaia A. - Criminal-legal protection of competition in the United States pp. 30-43

DOI:
10.25136/2409-7136.2020.2.32254

Abstract: The subject of this research is the legislation and law enforcement in the area of criminal-legal protection of competition in the United States. The questions of counteracting encroachment upon competition alongside protection of rights of economic entities and consumers in case of unfair competition are one of the most relevant in the world. According to separate assessment, the U. S. antitrust legislation is recognized as most efficient. Its establishment, development, and application contributed to emergence of the generally accepted principles of protection of competition, such as per se and the rule of reason. Modern approaches towards restraint of violation of antitrust legislation determined the new trends in development of both, normative acts and judicial practice. Criminal legal protection of competition in the United States is characterized by strict prohibitions, high sanctions, presence of criminal-procedural authority of Antitrust Administration of the U. S. Ministry of Justice, as well as program of mitigation of responsibility for cartels. The goal of study lies in the analysis of legislation and law enforcement in the area of protection of competition in the United States for assessing the existing experience. The novelty consists in proposal of the author to take into account the U. S. experience with regards to countering encroachment upon competition, which can be valuable particularly in revision of the Article 178 of the Criminal Code of the Russian Federation, improvement of the program of mitigation of responsibility for cartels, systematization of the compositions of crime related to unfair competition, cooperation of anti-monopoly agencies and law enforcement authorities. The research results can be used in the work of Federal Anti-Monopoly Service, as well as educational process and scientific activity.
Jurisprudence
Asadov R.B. - Linguo-legal convergence: foreign trade discourse pp. 44-58

DOI:
10.25136/2409-7136.2020.2.31376

Abstract: The expansion of international contacts and integration policy of Russian mainstream the question of development of linguistic grounds for effective interlingual communication, thus special attention is given to the problem of building nominative field of frame-scenario of linguo-legal convergence as a type of linguocultural concept, which main purpose consists in systematization and substantiation of a set of translation strategies. Based on the analysis of the models of representation of knowledge, it would contain the results of identification of national-cultural and mental specifics of language structures. Multi-aspect examination of the problems of legal translation justifies utilization of complex methodology that includes linguo-legal, linguo-culturological and comparative analysis. The author also applies statistical, comparative-legal and comparative methods in studying the foreign practice, scientific works, business documentation, which allow formulating and introducing recommendations aimed and increasing effectiveness and optimization of activity in the indicated sphere. The conclusion is made that the frame-scenario may significantly assist in translation of contracts as a results of time-consuming and detailed work of the translators-interpreters, which would integrate the ontological properties of the meaning of text. The author determines the key trajectories of cognitive study of linguo-legal convergence in the foreign trade discourse.  
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