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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 05/2023
Contents of Issue № 05/2023
Финансовое и налоговое право
Litovko A.S. - Supervision of the Bank of Russia over unfair practices in the field of consumer protection of financial services pp. 1-11



Abstract: The article is an analysis of the work of the Bank of Russia in the field of determining unfair behavior patterns in the financial market. The author examines the positions of the Bank of Russia and researchers on the identified signs of unfair actions in the behavior of financial market entities, and analyzes them. The article also examines the existing problems in this area and suggests ways to solve them. The research is relevant and can be useful for professionals in the field of financial regulation and for anyone interested in the security and stability of the financial market. In the article "Definition of unfair practices in the framework of the supervision of the Bank of Russia over the behavior of financial market entities." an analysis of opinions on the establishment of signs of unfair activity in the financial market was also carried out. The scientific novelty of the article lies in the fact that the authors conduct research and analysis of existing practices and scientific opinions on the signs of unfair practices that violate the rights of consumers of financial services. They pay attention to the problems associated with unfair practices. The authors propose a definition of unfair practices in the financial market. The authors analyze the signs of unfair behavior of financial market participants and offer new ideas and recommendations for effective detection and prevention of unfair practices. Their research contributes to the development of the field of consumer protection of financial services and can become the basis for further research and practical measures in this area.
Pletnikov V.S. - Protection of wildlife sites: individual legal constructions and models of their implementation (regional features) pp. 12-23



Abstract: The author focuses on the fact that the normative legal structure is implemented within the framework of various models. Moreover, every model that has developed in practice has the right to exist, of course, with the exception of defective models (including those recognized as such). Close attention is paid to the peculiarities of the application of certain legal constructions due to the models of its implementation (Articles 258 of the UKRF, Articles 7.11 and 8.37 of the Administrative Code of the Russian Federation). Special attention should be paid to the generalization of the practice of applying norms that ensure the protection of wildlife objects in the regions of Russia. At the same time, the emphasis is placed on those norms that are implemented depending on the region. The analysis, comparative research, as well as the legal and technical method used to prepare the text of the article, allowed us to formulate conclusions and recommendations aimed at solving problems arising in the field of protection of wildlife objects, both for employees of the bodies of inquiry and for supervising prosecutors. In particular, in order to give uniformity to legal practice, the implementation of legal construction strictly within the framework of a single model, it is necessary: 1) the legislator should pay close attention to the quality of the legal structure being formed; 2) to oblige the subject with the right of official interpretation, in case of occurrence of various models of implementation of the normative establishment, with a certain periodicity, to prepare materials explaining the content; 3) police officers should be guided by the explanations contained in the acts of interpretation; 4) in the extraction of hunting resources without permission and without the person in whose name the permit was issued, the act must be considered illegal hunting; 5) it is necessary to strengthen control by supervising prosecutors over the content of the decisions issued on the refusal to initiate criminal proceedings, on the initiation of criminal cases and the suspension of criminal proceedings, on the facts of illegal hunting.
Law and order
Novozhilov S.S. - Features of persons with leadership status in the criminal environment pp. 24-39



Abstract: The article highlights the main problems associated with the definition of persons with leadership status in the criminal environment, the categories of persons are considered: "thief in law", "poser", "looker" and their place in the criminal hierarchy. The position of persons who are the leaders of organized criminal communities (OPS), who do not have the specified criminal statuses, but occupy the highest position in the criminal hierarchy of the OPS created by them, is disclosed. The article also considers the position in the criminal hierarchy of "thieves in law", deprived by the decision of the thieves' meeting of status leadership (uncrowned), "thieves in law" retired (proshlyakov). The author raises the question of the ability of persons of this category to occupy the highest position in the criminal hierarchy (to be subjects of crimes provided for in Part 4 of Article 210 and Article 210.1 of the Criminal Code of the Russian Federation).   In the course of the analysis, the author comes to the conclusion that the criminal hierarchy on the outside is not identical to the prison criminal hierarchy (penitentiary), and a person who occupies a sufficiently high criminal status in the prison hierarchy, after being released and joining a criminal community (criminal organization), may not occupy a leading position there. The author also gives arguments that such persons as "poser" and "looker" occupy the highest position in the criminal hierarchy only if they are the leaders of OPS and EOPS, having a multi-level hierarchy in their structure with the presence of a higher position in it, in all other cases, according to the author, persons of this category do not occupy the highest, and the "high" position and subjects of Part 4 of Article 210 and Article 210.1 of the Criminal Code of the Russian Federation are not.
Трудовое право
Filyushchenko L.I. - Legal Regulation of Employment in a Digital Society pp. 40-47



Abstract: The subject of this study is the legal norms that mediate the procedures for the selection of personnel and the employment of employees. The purpose of the study is to analyze the norms of labor legislation regulating employment relations in a digital society, and the practice of their application. General and private scientific methods were used (formal dogmatic, comparative legal methods of research, interpretation, modeling). The positive role of digital platforms in the employment of citizens was noted. However, the development of digital technologies displaces people from the sphere of employment, to which the legislation is still weakly responding. Particular attention is paid to employment issues that have not been resolved in legislation, which may lead to a deterioration of the situation of citizens. The transformation of labor functions is taking place, which excludes human participation in part of operations and makes it necessary to consolidate in legislation the obligation of employees to improve their qualifications. The content of the concept of "business qualities" of an employee is expanding, including digital competencies, including the ability to interact with artificial intelligence. It is desirable to reflect the definition of the concept in legislation and take it into account when posting information about vacancies on digital platforms. The conclusion is made about the inadmissibility of making a decision on employment (refusal of admission) by artificial intelligence on the basis of data collected without the consent of the applicant. The legislation in the field of employment is not quite ready to respond to the changes taking place in connection with digitalization. The proposed solutions may be the subject of discussion and useful for the legislator.
History of state and law
Sosnina M.A. - Provincial Legal Culture of the Northern Peasantry in the Context of the Implementation of Bourgeois Reforms of the Second Half of the XIX Century in Russia pp. 48-59



Abstract: The subject of the study is the legal culture of the northern peasantry of post-reform Russia in the period from 1861 to 1917. The implementation of the bourgeois reforms of the second half of the XIX century was due to the absence of private feudal dependence of the majority of the northern peasantry and bright regional aspects of the peasant community. Under the influence of the history of settlement, occupation, climatic and socio-economic conditions of existence, as well as state regulation of the peasant community in the European North, the provincial legal culture of the northern peasantry was formed. Through the prism of bourgeois reforms carried out in the second half of the XIX century, the article analyzes its qualitative state and external manifestation. The study uses a formal legal method, as well as a multidimensional statistical analysis by identifying, interpreting the content and interrelationships of semantic units of protocols of parish courts, regulatory legal acts, norms of customary law. Based on the understanding of archival material and information from pre-revolutionary periodicals introduced into scientific circulation for the first time, conclusions are substantiated about a sufficiently high level of legal culture of the peasantry and the readiness of the population to be included in the legal culture of Russian society common to all estates. The study of the main results of peasant, judicial and zemstvo reforms in the northern provinces leads to the conclusion about the inconsistency and inefficiency of the policy of the government of the Russian Empire in the field of the peasant question, the unresolved nature of which led to problems not only economic, but also political. The contradictory nature of the reforms and their uneven implementation have slowed down democratic processes and violated the principle of equality of all before the law.
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