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MAIN PAGE > Journal "Legal Studies" > Contents of Issue є 07/2021
Contents of Issue є 07/2021
Questions of current interest
Belikova K.M. - Theoretical and practical aspects of legal qualification of virtual property in Russia and abroad pp. 1-28

DOI:
10.25136/2409-7136.2021.7.35869

Abstract: The subject of this research is the theoretical and practical aspects of legal qualification of virtual property – digital online objects (cryptocurrencies, game property, user accounts, etc.) in Russia and abroad. Virtual property is viewed through the prism of the concept of “asset” / “economic asset”, established in the national and foreign legislation and doctrine. Real right to game objects in online games are considered through the lens of John Locke’s labor theory of property (acquisition), M. Radin’s theory of personality, theories of utilitarianism (deterrence of negative behavior and economic efficiency), law enforcement practices and legislation (South Korea, China, etc.). Real right to online accounts (Google, Yahoo etc.) are examined in the context of allowability of transferring personal and business accounts from the perspective of property and conventional law. The relevance, theoretical and practical importance of this research is are substantiated by supplementing the tangible objects of proprietary right with digital, created in modern reality with the use of digital technologies (cryptocurrencies, tokens, etc.), which requires clarification of their legal regime in the context of the effective legislation of the Russian Federation and foreign countries, ideas for its amendment, and law enforcement practice. The author concludes that the legal doctrine of a number of countries, distinguishing tangible and intangible, virtual objects (game objects, user accounts) recognized the existence and legal status of virtual property (Hong Kong, European Union, South Korea, Russian Federation, Taiwan), qualifying it as the analogue of digital information and content; legally - movable (Taiwan) or other (Russian Federation) property; property (the European Court of Human Rights) or utilitarian (mandatory) digital (Russian Federation) rights; economically – virtual (financial, in form of future income), and material (in form of commercial ties, domain names, etc.) assets (the European Court of Human Rights, Russian Federation).
Transformation of legal systems
Ermakova I.V. - Protection of consumer rights from unfair online advertising: certain theoretical and practical aspects pp. 29-47

DOI:
10.25136/2409-7136.2021.7.35978

Abstract: The subject of this research is the legal norms aimed at regulation of relations in the sphere of protection of consumer rights with regards to online advertising, including contextual and targeted advertising, as well as other type advertising distributed over telecommunication networks. The object of this research is the social relations arising in the process of creation, placement, and consumer perception of the aforementioned types of advertising. Special attention is given to the theoretical and practical aspects of protecting the basic consumer rights in the context of distribution of the indicated types of advertising, as well as compliance to the corresponding legislative prescriptions by the advertisers, including prohibition to mislead consumers, requirement to distribute advertising over telecommunication networks after receiving advance consent of the consumer, etc. The article provides the examples of court decisions and decisions of the Federal Antimonopoly Service of the Russian Federation on consideration of the this category of cases. The novelty of this research consists in outlining the effective approaches of the courts and the Federal Antimonopoly Service of the Russian Federation applicable to the essence, concept and relevant issues of legal regulation of online advertising in the context of protection of consumer rights, including controversial aspects of qualification of online advertising in accordance with the criteria of misleading or deception, as well as questions on due processing of consumer consent to distribution of advertising over telecommunication networks. The author makes recommendations for the improvement of corresponding norms of the Federal Law “On Advertising” and the Federal Law “On The Protection of Competition”, namely to stipulate on the legislative level the provisions that qualify advertising as inappropriate if contains potentially misleading or deceptive content, as well as that consent to receive advertising through telecommunication networks should be in a written form and contain the signature of the consumer.
JUDICIAL POWER
Askerova M.P. - Historical aspects of development of the institution of legal assistance between states in criminal matters in the Republic of Azerbaijan pp. 48-60

DOI:
10.25136/2409-7136.2021.7.36043

Abstract: The subject of this research is the historical-legal grounds of rendering mutual legal assistance in the Republic of Azerbaijan. Research methodology is comprised of formal-legal, comparative-legal, and historical-legal methods. Normative framework is formed by the Constitution, provisions of the criminal procedure legislation and laws, international acts acceded by the Republic of Azerbaijan, which regulate mutual legal assistance issues. Objective: to develop proposals for improving the Institute of mutual legal Assistance. assistance in criminal matters based on the historical experience in this field. The research results are as follows: mutual legal assistance has evolved from elementary extradition of fugitive serfs, one-time provision of diplomatic assistance to institutionalized legal assistance based on multilateral and bilateral agreements; from the absence of  legislative framework to codification; from inclusion of separate norms on certain aspects of the agreement on friendly relations, peace, cooperation or even submission to conclusion of special bilateral agreements. The acquired results can be implemented in intergovernmental relations regulation of rendering mutual legal assistance in criminal matters. The novelty of this research consists in consideration of legal assistance based on the historical-normative acts of the Republic of Azerbaijan. The following conclusions were made: in some historical periods, legal assistance included such institutions as the presence of state representative of the accused in administration of justice against a foreigner, unconditional extradition of criminals who committed grave crime, stiff punishment of those reluctant to peace, elimination from jurisdiction of certain criminals, transfer of prosecution, etc. can still be currently used to regulate or improve the institution of legal assistance in criminal matters, including reasonable terms for submitting court requests. For example, a reasonable term for criminal proceedings is one of the guarantees of effective legal proceedings, the violation of which also entails an infringement of such a fundamental right to fairness of proceedings.
Law and order
Sungurova E.D. - On the need to amend the sanction of the Article 235 of the Criminal Code of the Russian Federation УUnlawful practice of medical and pharmaceutical activityФ pp. 61-73

DOI:
10.25136/2409-7136.2021.7.36047

Abstract: The study of educational, monographic, and other specialized literature testifies ti the fact that questions of imposition of penalty for committing an offence stipulated by the Article 235 of the Criminal Code of the Russian Federation have not been comprehensively examined. This article analyzes the practice of imposition of penalty under the Article 235 of the Criminal Code of the Russian Federation. The object of this research is the social relations arising in the context of imposition of penalty for unlawful practice of medical and pharmaceutical activity. The subject of this research is the sanction of the Article 235 of the Criminal Code of the Russian Federation. The author considers the coercive measures applied to persons found guilty of committing an offence under the Article 235 of the Criminal Code of the Russian Federation. The acquired results contain scientific novelty and practical significance, and can be used for improving the criminal law. The author determines the following relevant issues associated with imposition of penalty under the Article 235 of the Criminal Code of the Russian Federation: high instance of inflicting a fine as a form of punishment; absence of practice of imposition of punishment in form of restriction of freedom or forfeiture to hold certain posts or carry out particular activity. The makes recommendations for improving the sanction of the Article 235 of the Criminal Code of the Russian Federation, taking into consideration the analysis of the legislation of CIS countries and domestic law enforcement practice.
Ёкологическое и земельное право
Kudelkin N. - Legal issues of prevention and response to accidental spills of petroleum products pp. 74-84

DOI:
10.25136/2409-7136.2021.7.35966

Abstract: The subject of this research is a set of legal norms that regulate social relations in the area of prevention and response to accidental spills of petroleum products. The goal of this work consists in formulation of theoretical and practical conclusions and recommendations aimed at the improvement of legal regulation in this sphere. The relevance of the selected topic is defined by the fact that accidental spills of hydrocarbons is an urgent concern for the Russian Federation. The official data indicates over 17,000 accidents occurred at enterprises of the fuel and energy complex in 2019. The due regulation of prevention and response to spills of petroleum products is definitely one crucial elements in ensuring environmental security of the Russian Federation. The article examines the legal support issues with regards to prevention and response to accidental spills of petroleum products. Based on the analysis of the effective legislation, the author makes a number of conclusions and recommendation. It is noted that the norms regulating the relations in this sphere are for the most part dedicated to the issues of localization and elimination of the spills of petroleum products, i.e. measures taken after the spill. Such crucial problem as the prevention of spills of petroleum products and environmental damage is not given due attention in the legislation. The author also formulates the principle of advanced development of environmental legislation, according to which the legislative and technical regulation of the activity posing heightened risk to the environment and (or) associated with the use of natural resources should be proactive.
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