Электронный журнал Юридические исследования - №4 за 2020 год - Содержание, список статей - ISSN: 2409-7136 - Издательство NotaBene
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 04/2020
Contents of Issue № 04/2020
Law and order
Vinner E.R. - Criminal liability for unlawful operations with securities pp. 1-10

DOI:
10.25136/2409-7136.2020.4.32658

Abstract: The subject of this research is differentiation by key aspects of criminal liability for unlawful operations with securities established by the Criminal Code of the Russian Federation. Conceptual, special-legal, and technical-legal aspects of criminal liability for unlawful operations with securities are highlighted. Research is conducted on the problematic of the applicability of proposed differentiation for improvements of doctrinal and normative legal approaches towards regulation of criminal liability for unlawful operations with securities. Based on the conducted differentiation, proposals are made for promising vectors of improvements to the provisions criminalizing unlawful operations with securities. The scientific novelty of this research consists in the following: based on the study carried out within the framework of conceptual, special-legal, and technical-legal aspects of criminal liability for unlawful operations with securities, the author determines the problems pertaining to incompliance of administrative legal and criminal legal regulation of liability for unlawful operations with securities due to textual ambiguity of the norm of criminal law, based on which the recommendation is made to amend Part 1 of the Article 185.1 of the Criminal Code of the Russian Federation.
Human and state
Belikova K.M. - Legal responsibility of a scholar for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human in the BRICS countries pp. 11-28

DOI:
10.25136/2409-7136.2020.4.33249

Abstract: Based on the legal material of BRICS countries, this article conducts a scientific analysis on the question of legal responsibility of a scholar for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human. The relevance is substantiated by the impact upon legal and medical science, as well as the perceptions of peoples and experts (lawyers, medical personnel, sociologists, etc.) affected by new technologies, which currently allow doing what no one could ever imagine, unless in the films or books of science-fiction genre. The author examines different legal scenarios. The scientific novelty consists in the choice of countries – BRICS; the subject of research – legal responsibility for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human; analysis of the selected circle of questions in cross-disciplinary aspect, from the perspective of jurisprudence, medicine, and ethics). The conclusion is made that the approaches of national legislation are influenced by a range of problems that justify the corresponding legal regulation (for example, GMO in Brazil, prohibition of prenatal sex discernment in India, situation after He Jiankui’s experiment in China, etc.).
Law and order
Komarov A.A. - Research on the question of determination of the total number of fraud victims committed via Internet pp. 29-45

DOI:
10.25136/2409-7136.2020.4.32627

Abstract: The object of this research is the statistical aggregate of people who by objective (external) reasons are prone to become the victims of fraud within the Russian segment of the global computer network. The subject of this research is the quantitative aspect of the aforementioned phenomenon. Special attention is given to the search of effective methods for determination of quantitative aspects of victimization. The goal consists in most accurate assessment of the total number of the potential victims of fraud committed via Internet. The main results of this work contain the most accurate among previously existed in criminology numbers of: potential victims of fraud in the Internet (the author specifies the number of users of the Russian segment of Internet aged from 6 to 80), persons out of 24-hour Internet audience of criminogenic age; and a number of statistical indicators of victimization. All of the listed above can assist proper organization of research carried out by scholars dealing with the problems of cybercrimes.
Yurishina E. - Individualization of punishment in accordance with criminal legislation of Spain: concept, rules of formalization (calculation), and doctrinal substantiation (comparative legal research) pp. 46-61

DOI:
10.25136/2409-7136.2020.4.32723

Abstract:  This article examines the question of imposition of punishment (pena) and its individualization (individualización) in Spain from the perspective of criminal law theory. The subject of this research is a set of legislative norms, doctrinal interpretations and explanations, contained in interpretational acts of Spain dedicated to the assemblage of mathematical rules of calculation of the term of punishment by combination of certain characteristics of the case (formalization rules in the Russian analogue) and circumstances reluctant to quantitative evaluation (oriented towards the criteria of judicial discretion). The article also presents some theoretical insights into the question of making decision on the punishment and competition between formalization and judicial discretion. Research methodology is based on the formal-legal and comparative methods, which allowed the author to examine Spanish legislation and determined certain analogies with the Russian. The scientific novelty consists in the detailed and systematized description of the rules of formalization of punishment in Spanish legislation, enlarge the capabilities of Russian science with regards to analysis of similarities and differences in legislations of various countries. The author offers the original definition of the institution of assignment of punishment that includes criminal-procedural vector, as well as substantiates an opinion why stringent formalization does not always meet the demands of justice.  
International law
Krylov A.A. - Legal aspects of the phenomenon of strategic partnership as a special form of economic relations between Russian Federation and other countries pp. 62-72

DOI:
10.25136/2409-7136.2020.4.32909

Abstract: The subject of this research is the review of the phenomenon of strategic partnership between the countries through the prism of normative legal regulation. The goal consists in comprehensive examination of the normative base of strategic partnership for extraction of the practically applicable conclusions. The results of the conducted research lies in formulation of the term of strategic partnership, as well as a list of recommendation on the improvement of existing legislation in the area of regulation of international economic relations. The article carries a cross-disciplinary character, since simultaneously touches upon several branches of law: administrative law, international law, and economic law. The acquired information can be used by a wide circle of scholars in the field of international economic relations, as well as by government officials for adjustment of the existing international agreements. The author concludes on the objective need to reform the system of international normative legal regulation of strategic partnership with regards to clarification of formulations, terminology, as well as implementation of quantitative and qualitative target indicators.
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