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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 10/2022
Contents of Issue № 10/2022
Экологическое и земельное право
Kudelkin N. - Legal Protection of the Marine Environment from Plastic Pollution in the Russian Federation pp. 1-12



Abstract: The subject of the work is the legal norms regulating relations arising in the process of protecting the marine environment from plastic pollution, as well as the provisions of strategic planning documents related to this issue. The main purpose of the work is to develop, based on the analysis of the current legal regulation and data on the state of marine pollution by plastic, recommendations of a theoretical and practical nature aimed at improving domestic environmental legislation. The methodological basis of the research is a system of various methods, logical techniques and means of cognition. In particular, such methods as analysis, synthesis, deduction, induction, formal legal, etc. were used. The relevance of the chosen research topic is indicated by the fact that plastic is one of the most common pollutants and makes up the majority of marine debris.   At the same time, studies have confirmed the presence of such pollution in 10 of the 12 seas of the Russian Federation. The study made it possible to formulate a number of conclusions with relevance and scientific novelty, including the expediency of tightening administrative responsibility in this area, the need to establish a number of restrictions on the use of disposable plastic products, the development of requirements for antifouling coatings on ships following the Northern Sea Route in order to protect the Arctic marine environment from microplastic pollution. Among other things, it was concluded that one of the main roles in protecting the marine environment from plastic pollution should be performed by environmental education and enlightenment, which should contribute to the formation of a proper ecological culture of citizens, including in the field of handling products (products) consisting of plastic or containing it in its composition. The results of the study can be used to improve legal regulation in the field of protection of the marine environment from plastic pollution, as well as in teaching.
State institutions and legal systems
Astakhova M.A. - Regulatory Environment of Green Entrepreneurship in Modern Russia: Concept, Structure, State pp. 13-30



Abstract: The category "green" entrepreneurship in recent years has been the subject of active research interest from different angles, including in the context of legal regulation. The purpose of this article is to determine the concept, structure and state of the current regulatory environment of "green" entrepreneurship that has formed in the Russian Federation to date. The achievement of the stated goal is ensured by analyzing the totality of regulatory and other sources through the prism of the formal concept of "regulatory environment" contained in the National Standard of the Russian Federation GOST R ISO 15489-1-2007 "System of Standards for Information, Library and Publishing. Document management. General requirements. " The empirical basis of the study is represented by domestic and foreign doctrinal sources, current regulatory acts of the Russian Federation of various legal force and functional purpose. The novelty of the study is determined by the perspective of setting the research question. As it was established, none of the existing studies set as the main goal the identification of the concept, structure and state of the current regulatory environment of "green" entrepreneurship in the Russian Federation. In addition, in support of the fact of novelty is the creative personality of the author. The main conclusion is that the modern Russian regulatory environment of "green" entrepreneurship is a set of regulations, standards, rules of recommendation nature, voluntarily applied ethical codes and norms that to one degree or another affect various aspects of "green" entrepreneurship
Теория и философия права
Gorban V.S., Gruzdev V.S. - O. Holmes in the History of Legal Realism in the USA and the Problem of Typologizing His Views pp. 31-42



Abstract: The article examines the issues of determining the place of O. Holmes' work in the history of legal thought in general and the United States in particular, which remains, according to leading domestic and foreign experts, one of the difficult and cross-cutting problems in highlighting the evolution of the legal-realistic direction. At the same time, significant inaccuracies remain in explaining what constitutes and what includes the so-called legal realism in the United States. A more precise explanation of the problems of this phenomenon in intellectual culture from the end of the XIX century to the present has not only scientific and cognitive significance, but also socio-cultural, as it answers a very significant question about possible directions and trends in the development of modern fundamental jurisprudence. In addition, the question of the specific philosophical and methodological foundations of O. Holmes' legal views remains relevant.   The scientific novelty of the research lies primarily in a more precise explanation of the nature and orientation of legal realism in the United States, the role of O. Holmes' views in the formation of this trend in American legal thought. It is shown that this direction is heterogeneous and is only a refraction of specific larger trends in the legal science of the XIX century, as well as the important fact that the influence of pragmatism was not of significant importance, since it is through the unification of this philosophical and psychological direction with the ideas of later realists that legal realism in the USA is transformed into its modern version.
Law and order
Slepnev F. - The Insignificance of the Act in Criminal Law and the Social Danger of the Individual pp. 43-53



Abstract: The article is devoted to the issues of taking into account the social danger of the individual when differentiating minor acts and crimes. The subject of the work is the norms of law governing the institution of the insignificance of an act in criminal law, as well as law enforcement practice that develops in connection with the application of the norms on the insignificance of an act. In the course of the study, the author examines the evolution of Soviet and post-Soviet criminal legislation in terms of the norms governing the insignificance of the act, as well as the legal technique of their construction. Particular attention is paid to the study of heterogeneous law enforcement practice in the context of the issue of accounting for the identity of the perpetrator in the differentiation of minor acts and crimes. The research was conducted on the basis of universal dialectical, logical, formal-legal and historical-legal research methods.The scientific novelty of the research consists in the fact that the author presents a theoretical justification of the approach, according to which personality traits cannot influence the resolution of the issue of the insignificance of the act and suggests an original practical way to implement this approach in the form of legislative changes, which subsequently positively affect law enforcement practice and contributes to its uniformity. The main result of the study is a proposal to amend the current criminal legislation, in particular, it is recommended to amend Article 14 of the Criminal Code of the Russian Federation and add Part 3, which will meaningfully consolidate the above approach and thus bring judicial practice to uniformity.
Practical law manual
Sukalo V.A. - On the Issue of Leasing Land Plots in State or Municipal Ownership to Peasant (Farmer) Farms and Agricultural Organizations Participating in State Support Programs in the Field of Agricultural Development Without Bidding pp. 54-65



Abstract: Based on the analysis of paragraphs 12, Part 2 of Article 39.6 of the RF CC, paragraph 8 of Article 10 of the Federal Law "On the Turnover of Agricultural Land", judicial practice, it is concluded that the currently existing legal norms do not provide peasant (farmer) farms and agricultural organizations participating in state support programs in the field of development agriculture, a real opportunity to lease publicly owned land plots for farming or other activities related to agricultural production without bidding due to the unjustified application of the procedure established by Article 39.18 of the RF CC, which carries a significant risk for already concluded lease agreements to be invalidated and, in this regard, does not allow us to talk about the stability of civil turnover and the protection of the interests of participants in civil legal relations. The conclusion is substantiated that it is necessary to amend Clause 8 of Article 10 of the Federal Law "On the Turnover of Agricultural Land" in terms of excluding references to Article 39.18 of the RF CC. In order to exclude competition with persons who are not participants in state programs and to exercise the right to receive plots without bidding of agricultural organizations, it is proposed to prescribe a detailed procedure for identifying interested parties in the new Article 39.18.1 of the RF CC, similar to the procedure established in Article 39.18 of the RF CC, but only with respect to the procedure for considering applications of peasant (farmer) farms and agricultural organizations participating in state support programs in the field of agricultural development, on the provision of land plots in state or municipal ownership for lease without bidding.
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