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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 07/2019
Contents of Issue № 07/2019
State institutions and legal systems
Damm I.A., Ron'zhina O.V., Akunchenko E.A., Volkova M.A., Sukhareva K.S., Kostrykina V.V., Fedorova - Informative Openness of Municipal Rule-Making as an Indicator of Anti-Corruption Transparency (the Case Study of the Krasnoyarsk Region) pp. 1-16

DOI:
10.25136/2409-7136.2019.7.30358

Abstract: The matter under research is openness and availability of information about the law-making process of local authorities based on the example of municipal units of the Krasnoyarsk Region.  By applying the continuous reading method, the authors of the article have carried out monitoring of availability and contents of official web sites provided by 88 municipal units (44 municipal regions, 17 urban districts and 27 municipal settlements). Within the framework of the research, the authors have discovered a number of criteria that may be used to evaluate accessibility and сonveniency of using these sites for legal information inquiries. The results of the analysis demonstrate that there is access to information about municipal legal acts posted on official sites of local authorities. In the course of their research the authors have applied dialectical analysis method as well as a number of private research methods such as structured systems, formal law methods (deduction, induction, definition and division of definition), statistical observations, summary, groupping and oethers. As a result of the research, the authors have defined qualitative and quantitative indicators of openness and availability of information about rule-making processes of local authorities. They have also described gaps and defects of the process of posting such information that violate the anti-corruption principle of publicity and openness of local authorities' activities. The authors make conclusions aimed at execution of citizens' constitutional right to information about activity of local authorities. 
Transformation of legal systems
Belikova K.M. - 'Foreign Investments', 'Investor', 'Investment Activity', 'Forms of Business Entities' and the Main Terms of Admittance of Foreign Investments in the PRC Economy Based on the New Law On Foreign Investments of 2019 pp. 17-25

DOI:
10.25136/2409-7136.2019.7.30486

Abstract: The matter under research is the definitions of investor, investment and form of business entity and terms of admittance of foreign investments in the PRC economy based on the new Law on Foreign Investments of 2019. The researcher has carried out the legal analysis of the Law of 2019 in terms of investment activity. Special attention is paid to the legal regime of investments and investors in terms of nwe provisions set forth by the Law compared to the provisions of earlier effective Laws on Joint Ventures with Chinese and Foreign Capital of 1979, Joint Enterprises with Chinese and Foreign Capital of 1988 and On Enterprises with Foreign Capital of 1986. In the course of her research Belikova has applied such research methods as general dialectical, historical, comparative law analysis. The author bases her research on the idea of subjective-objective predetermination of processes and phenomena. The novelty of the research is caused by the fact that the researcher analyzes the provisions of a new and long-awaited legal investment act in China. The researcher introduces materials, data and information that have never been mentioned in the Russian academic literature before. As a result of the research, the author concludes that China keeps on developing the investment law and approaches to investment activity. The reform that had been so much awaited for finally happened and time will show what practical results the reform will have for business entities and China's economic environment. 
Serova O.A., Barkov A.V. - International ISO Standards and 'B Corporation' Certification as the Environmental Entrepreneurship Model pp. 26-31

DOI:
10.25136/2409-7136.2019.7.30511

Abstract: The matter under research is the new mechanisms that regulate environmental entreprneurship based on implementation of the concept of corporate social responsibility. Environmental entrepreneurship is a topical trend of modern business law. The main goal at this point is to find organisational, economic and legal instruments that would guarantee the growth of the overall level of entrepreneurs' responsibility for compliance of their goods and services with environmental safety requirements. Mandatory regulation does not provide necessary results which determines importance of other forms of influence on business community. The research is based on the use of the comparative law method. The authors analyze the experience of foreign statse in implementation of the ISO standards and examine specific features of the process of B Corporation certification in the USA as well as reasons why European countries are adopting it now. The scientific novelty of the research is caused by the fact that the authors prove efficiency of the use of foreign experience in implementation of a special business entity that functions on the basis of independent expert evaluation of social and environmental effects and assumes high social responsibilities. The experience of the foreign states can be useful for Russia, in particular, it may help to improve Russia's law-making model of social entrepreneurship and legalisation of environmental entrepreneurship.
JUDICIAL POWER
Trofimov E., Metsker O.G. - The Law and Artificial Intelligence: Experience in Developing Computational Methodology for Intellectual Analysis of Russian and Regional Practice in Judicial Review of Administrative Judgements (Decisions) (the Case Study of Article 20.4 of the Administrative Offences Code of the Russian Federation) pp. 32-43

DOI:
10.25136/2409-7136.2019.7.30351

Abstract: The matter under research is judicial practice in review of administrative judgements (decisions) as stated by Article 20.4 'Fire Safety Violations' of the Administrative Offences Code of the Russian Federation. The absence of judicial statistics about individual categories of administrative offences at the federal and regional levels causes the need to use computational methods to collect, process and analyse data. To achieve research targets, the authors of the article have used data of state autmoated system 'Justice'. Empirical base of the research was developed with the help of crawler based on POST-inquiries with some JSON parameter. As a result of inquiries, the researchers have received complete records of judicial acts and have used these to make a classification. For detailed intellectual analysis, the researchers have referred to 4.9 thousand judicial solutions about review of administrative judgements (decisions) based on Article 20.4 of the Administrative Offences Code of the Russian Federation for the period since 2010 till 2017. As a result of the research, the authors have created and tested the methodology of extraction, analysis and interpretation of practical judicial data that are not provided by judicial statistics. In the course of interpretation of empirical data, the authors have discovered general Russia's trends in law enforcement as a result of increased efficiency of administrative law as well as have created three regional models of correlation of results for review of administrative judgements (decisions) that have been associated with the indicators of regional socio-economic statistics. 
Law and order
Ksendzov Y. - Finding the Best Procedure for Resolution of Private Prosecution Cases pp. 44-57

DOI:
10.25136/2409-7136.2019.7.30321

Abstract: The object of the research is the social relations arising in the process of criminal proceedings of private prosecution cases in the Russian criminal law. The subject of the research is the provisions of formerly effective Criminal Code of the RSFSR, currently effective Criminal Code of the Russian Federation and criminal procedure legislation of a number of foreign states. Based on the analysis of judicial practice, statistical data and other researches, the author of the article analyzes the procedure for legal investigation of private prosecution cases set forth by the Criminal Code of the Russian Federation, drawbacks and problems that arise in the process of resolution of such cases. In the research the author has used such methods as generalisation, observation, analogy, comparative law and historical law analysis. The main conclusion of the research is that the best practice in resolutino of private prosecution cases would be commissioning of a mandatory pre-trial investigatino stage. Compliance with a reasonable and well-balanced combination of private and public interests implies providing the private prosecutor with the right to continue criminal proceedings in the court including cases when the public prosecutor waives of prosecution. 
Ershova K.A. - Questions about Applying Administrative and Criminal Responsibility for Atmospheric Air Pollution (the Case Study of the Sverdlov Region) pp. 58-67

DOI:
10.25136/2409-7136.2019.7.30498

Abstract: The article is devoted to legal responsibility for committment of environmental crimes including atmospheric air pollution. Ershova also touches upon unsolved issues of criminal capacity of a legal entity. Solutions of these issues have a direct impact on efficiency of environmental crime prevention. Thus, the object of this research is the administrative and criminal law provisions that impose responsibility for atmpospheric air pollution. In her research Ershova analyzes judicial practice in resolving cases about air pollution and examines associated administrative and criminal law decisions. The researcher underlines the heterogeneity of judicial practice in different parts of Russia. In the course of her research Ershova has applied general research methods such as analysis, systematization and extrapolation as well as special research methods. The novelty of the research is caused by the fact that the author analyzes inter-industry relations associated with protection of atmospheric air taking into account regional specific features. Ershova describes what causes difficulty bringing individuals guilty in atmpospheric air pollution to criminal responsibility. She proves that currently used administrative measures are inefficient and offers her own concept of grounds and limits of bringing companies to criminal responsibility. 
Договор и обязательства
Goncharova V.A. - System and Classificatin of Legal Remedies and Legally Protected Interests of Ivalid Bargain Participants pp. 68-79

DOI:
10.25136/2409-7136.2019.7.30255

Abstract: The subject of this research is the combination of legal remedies and legally protected interests of invalid bargain participants as set forth by the civil law of the Russian Federatoion. Articles 166, 167 of the Civil Code of the Russian Federation describe such remedies as declaration of invalid bargain, restitution and compensation of damages. At the same time, Clause 3 of Article 431.1 of the Civil Code of the Russian Federation provides opportunity for voidable bargain participants acting as entrepreneurs to expect other consequences of its invalidity. These consequences as well as remedies of a different kind must be discovered and fixed in the system and classification of legal remedies and legally protected interests of invalid bargain participants. The methodology of the research implies the method of materialistic dialectics, formal law and logical analysis methods. To create a classification and systems of aforesaid remedies, Goncharova has also used the systems approach and such research methods as analysis and synthesis, deduction and induction. As a result of the research, the author has created a multi-component system of legal remedies and legally protected interests of invalid bargain participants. She has also offered their classification depending on 1) functions they perform, 2)scope of application, 3)nature, 4)bases for the origin. The conclusions made by the author as a result of her research is of scientific novelty and importance and can be used in further research of civil remedies and bargain invalidity. 
Practical law manual
Khovavko S.M. - Detention of Sexual Crimes Considering Their Operational Search Characteristic pp. 80-89

DOI:
10.25136/2409-7136.2019.7.30300

Abstract: The subject of the research is particular elements of operational search characteristics of sexual crimes. According to the author, awareness of these elements would increase efficiency of operational subdivisions of internal affairs agencies in discovering of sexual crimes as well as developing efficient tactical tools of sexual crime detention. The researcher analyzes specific structure and dynamics of sexual crimes, personality of a criminal, personalities of victims and their victim behavior, most typical time, place, method, weapon or other means of sexual crime commitment, typical traces of such crime, search signs of series crime and measures that help in investigation of sexual crime taking into account operational search characteristic thereof. The research methods used by the author included analysis, synthesis, modelling, statistical method, analysis of best practices and summary of practical activity of law enforcement agencies. The main contribution of the author to the topic is that the athor describes the main elements of operational search characteristic of sexual crimes and creates a list of measures that should be undertaken by law enforcement agencies to investigate sexual crimes considering applicable laws, theory and practice of operational search activity and modern criminal trends. 
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