SENTENTIA. European Journal of Humanities and Social Sciences - rubric Law
SENTENTIA. European Journal of Humanities and Social Sciences
12+
Journal Menu
> Issues > Rubrics > About journal > Authors > About the Journal > Requirements for publication > Council of Editors > Peer-review process > Article retraction > Ethics > Online First Pre-Publication > Copyright & Licensing Policy > Digital archiving policy > Open Access Policy > Open access publishing costs > Article Identification Policy > Plagiarism check policy > Publication Terms
Journals in science databases
About the Journal
MAIN PAGE > Journal "SENTENTIA. European Journal of Humanities and Social Sciences" > Rubric "Law"
Law
Vinogradova P.A. - Legal regulation of restrictions on the jurisdictional immunity of a foreign state pp. 1-11

DOI:
10.7256/1339-3057.2015.3.16113

Abstract: The subject of this paper is social relations relevant to consideration by Russian courts of disputes related to a foreign state’s property. The paper deals with the issues of the jurisdictional immunity of a foreign state and its property. The purpose of this work is examination of the innovations in the Russian legislation on jurisdictional immunity. The objectives of  include analysis of jurisdictional immunity concepts, provisions of international treaties in this field and practice of various states for jurisdictional immunity restriction. The methodological basis for this research consisted of systemic and comparative approaches and methods of analysis.Academic novelty of the paper stems from the coming changes in the legal regulation of these issues in Russia. In 2015, the Government of Russia submitted to the Russian parliament draft Federal Law On the Jurisdictional Immunity of a Foreign State and Foreign State’s Property in the Russian Federation.The results of this study make it possible to generalize the requirements of the Russian legislation in the field of restriction on the jurisdictional immunity of a foreign state and the legal grounds for consideration of disputes in this field by Russian courts.
Cheprasov K.V. - Interpretational role of the Constitutional Court of the Russian Federation as a factor of institutionalization of the traditional family values in Russia pp. 1-10

DOI:
10.7256/1339-3057.2016.3.19771

Abstract: The subject of this research is the public relations associated with the constitutional-interpretational role of the Constitutional Court of the Russian Federation (CCRF) within the Russian legal system. In addition to that, the author examines the process of institutionalization of the traditional family values by the Constitutional Court in the context of opposition to the forming gender-tolerant social trend in the Western countries. In justification of his hypothesis, the author suggests an extensive sociological material, which representatively reflects an attitude of the Russian citizens towards various issues pertaining to family, motherhood, fatherhood, and childhood. Examination of the presented sociological material is correlated to the analysis of jurisdiction of the Constitutional Court. The scientific novelty consists in explanation of the presence of a traditional (conservative) value trend in the area of family among the citizens of Russia, as well as in determination of an institutionalization mechanism of this trend by the CCRF. The author is first to analyze such sociological data from the perspective of the constitutional legal science.
Berchanskiy K.A. - , 2020-9
Criminal law characteristics of medical sorting (triage): COVID-19 and shortage of resources
pp. 1-12

DOI:
10.25136/1339-3057.2021.3.34122

Abstract: The subject of this research is the legal norms that regulate the procedure of determining priority of patients (triage) in the Russian Federation, as well as the grounds for bringing to criminal responsibility of the representatives of medical profession for causing death during this process. The object of this research is the social relations arising in terms of prioritizing  treatment  of patients under the circumstances of severe shortage of medical resources, namely in case of mass infection. Analysis is conducted on the established by Chapter 8 of the Criminal Code of the Russian Federation conditions that exclude criminal nature of the act. The conclusion is made that on their inapplicability in similar circumstances. The author examines the nature of the process of medical sorting  – allocation of patients according to certain characteristics and order of their treatment, regulatory norms, as well as analyzes  the trends in the context of COVID-19 pandemic. Due to the fact that the Russian criminal law science does not feature special research dedicated to triage, the article provides a brief overview of the works of foreign legal scholars along with similar positions of national scholars, as well as determines the circumstances that affect the criminal nature of patient's death that takes place in the conditions of severe shortage of resources. The novelty lies in the cross-sectional study of the norms of Russian criminal law and the corresponding norms of medical law, based on which the author develops solution to the problem that did not previously receive due coverage in the Russian science. The author answers the question regarding criminal responsibility for the death of one of the two patients when it is not feasible to provide simultaneous medical treatment to both. It also The article also describes potential amendments to the sectoral medical legislation for the purpose of consolidation of legal status of medical professionals, protect their rights from unsubstantiated criminal prosecution,  protect rights of the patients, and maintain ethical well-being of medical profession.
Berchanskiy K.A. - Causation in criminal medical malpractice: a conflict of forensics and criminal law in the Russian Federaion pp. 1-23

DOI:
10.25136/1339-3057.2021.2.34426

Abstract: The subject of this study is the judicial practice of Russian courts on cases commeneced against medical personnel under the Part 2 of the Article 109 of the Criminal Code of the Russian Federation – infliction of death by negligence due to improper performance of professional duties. The subject of research also includes the legal framework on the procedure for conducting forensic medical examination in the Russian Federation, medical legislation, as well as the relevant provisions of the Criminal code of the Russian Federation. The scientific novelty of this research connsists in the comprehensive approach towards its implementation, including the analysis of the current judicial practice of Russian courts on medical malpractice. As a result of this analysis, the main problems that Russian courts face when assessing the causal relationship in iatrogenic crimes, primarily committed by omission, were identified. Through a detailed analysis of the laws and bylaws governing the procedure for conducting a forensic medical examination, the author has identified possible reasons for discrepancies in forensic practice, which, in turn, lead to discrepancies in jurisprudence. Also, using the historical method of interpretation, the author revealed the existence and causes of significant contradictions in the relevant legislation. Using a comparative-analytical method applied to the Russian criminal and forensic legislation, the main problems that hinder the effective and fair consideration of iatrogenic cases at the moment are identified, and ways to solve them are proposed depending on the state's priorities in criminal policy.
Samoylenko E.A. - The structure of international-legal regime regarding the navigational usage of international rivers

DOI:
10.25136/1339-3057.2015.1.14972

Abstract: This article deals with issues of basic components of international-legal regime of shipping on international inland waterways. The author begins the analysis of this problem from the theory of law and presents elements that should be represented in the structure of any legal regime. The author thinks that international-legal regime of navigational usage of international rivers must be aimed at fixing the procedure and conditions of passage through the waterways. Particular attention is given to the issues of content of freedom of navigation on international rivers. A variety of methods of research are used in this article. The application of dialectical method of cognition allowed exploring the typical structure of international-legal regime of navigational usage of international rivers. Historical method was used in studying the formation processes of freedom of river navigation. Formal-legal, systemic, structural-functional methods of cognition were used during the interpretation of norms of international law. With help of inductive method, methods of analysis and synthesis the practice of states, international organizations and international courts was researched. The author argues that as a primary step for distinguishing of the structural elements of the international-legal regime of the navigation on international rivers must be the projection of the basic principles of the international law on the problem of river navigation. The common structure of the international-legal regime of the navigational usage of international rivers consists of a number of typical (main) regime-creating elements. There are significant and non-significant components among them; elements, related to the subjects of the international law, and elements, related to the direct participants of river navigation. Intergovernmental treaty – as an international document, where these elements are shown, – should define the scope of regime of navigation on the international river, contain material and procedural norms concerning its navigational usage, institutional mechanisms of cooperation in this sphere between countries, and the mechanism of dispute settlement between them.
Kuznetsova V., Kargovskaia E. - Legal regulation of Russia-Spain relations in the area of adoption of Russian orphans by Spanish citizens pp. 5-11

DOI:
10.25136/1339-3057.2020.3.33255

Abstract: This article analyzes the legal regulation of relations between the Kingdom of Spain and the Russian Federation in the field of adoption of Russian orphans by Spanish citizens. The authors examine the history of development of the bilateral Russia-Spain cooperation; normative legal framework and order of adoption of the Russian orphans in Russian and Spanish legislation. The article provides statistical data on the adoption trends of the orphans in the Russian Federation by the citizens of the Kingdom of Spain. The relevance of the selected topic is substantiated by the fact that for many years Spain has demonstrated steady interest in this regard, holding a second place among the countries that adopt children from Russia. However, the legislative and bureaucratic framework for cooperation in this field requires improvements. The conclusion is formulated that despite the decrease in the number of adopted Russian orphans by Spanish citizens in recent years, it is necessary to continue developing cooperation in this area, as well as improve the existing normative legal framework.
Shakhbazian S.V. - Humanization and liberalization of the criminal legislation of the Russian Federation pp. 6-12

DOI:
10.7256/1339-3057.2016.4.21606

Abstract: This article examines the provisions of the Federal Law No. 323-FZ "On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation on the improvement of the grounds and order of exemption from criminal responsibility" in terms of making changes to the Criminal Code of the Russian Federation on decriminalization of battery and default in paying money for maintenance of children and physically disabled parents, establishment of criminal liability for minor larceny (Article 158.1), and introduction of such ground for exemption from criminal responsibility as the release from criminal liability in connection with the infliction of judicial fine (Article 76.2). The scientific novelty consists in the comprehensive research of provision of the aforementioned federal law regarding the adoption of amendments to the Criminal Code of the Russian Federation. Analyzing the new law, the author focuses attention on its positive and negative aspects, as well as makes a number of remarks, which can be applied by a legislator for further improvements in the criminal legislation.
Shakhbazian S.V. - Criminal law and criminal procedure aspects of application of Section 6 of Article 15 of the Criminal Code of the Russian Federation pp. 9-22

DOI:
10.7256/1339-3057.2016.1.17634

Abstract: This article explores the criminal procedure and criminal law aspects of application of Section 6 of Article 15 of the Criminal Code of the Russian Federation (CCRF). The author carefully examines such aspects of the topic as consequences of reconciliation of the parties to a dispute in cases of change of the category of a crime, application of the positions from Chapter 11 of the CCRF in cases of change of the category of crime, limitations of court of cassation in application of Section 6 of Article 15 of the Criminal Code of the Russian Federation, as well as change of the category of a crime in hearing of a criminal case according to Chapter 40.1 of the Criminal Procedure Code. Among the main conclusions is that application of Section 6 of Article 15 of the CCRF causes a number of criminal law and criminal procedure issues that can produce corruption in the judicial process during the evaluation of the gravity of a crime. Section 6 of Article 15 of the Criminal Code of the Russian Federation expands the boundaries of the principle of judicial discretion and defines dispositive regulation of criminal law relations.
Dementyev V.A. - Application of proportional electoral system at municipal elections: some aspects of the constitutional law pp. 11-21

DOI:
10.7256/1339-3057.2016.3.21259

Abstract: The subject of this research is the separate aspects of constitutional law on application of proportional electoral system at municipal elections. The issues of application of proportional electoral system at municipal elections are characterized by especially high relevance. The questions of bases, conditions and limitations of the application of this electoral system on the local level is the subject heated debates in the scientific community, the participants of which hold diametrically counterpoising points of view. The very possibility of application of such electoral system on the local level is often being doubted due to its potential discord with the nature of local self-governance and its inability to reflect the maximal spectrum of interests of the local community within the representative branch. At the same time, the recent changes to the legislative base that regulates the order of application of proportional electoral system at the local elections, carried a brightly expressed multi-vector character, which often did not have sufficient conceptual justification. This work offers a brief overview of the process of establishment of the proportional electoral system as the channel of formation of public authority at the local level, and provides characteristics of its current status and analyzes the legislative base and the corresponding legal positions of the Constitutional Court of the Russian Federation. Among the main conclusions of the conducted research are the criteria formulated based on the legal positions of the Constitutional Court of the Russian Federation that determine the allowability of the application of proportional electoral system at the local level, as well as possible directions and specific measures on improvements to the Russian model of the application of proportional electoral system at municipal elections.
Chirkin V.E. - Interaction of international, supranational (supra-state), and constitutional laws pp. 12-40

DOI:
10.7256/1339-3057.2015.3.16800

Abstract: The article discusses the creation of integration regional international associations, which at times become not only international unions, but also acquire elements of certain public power, a particular public-legal form, and can create its regional supranational (“supra-state”) law. At this time it fully applies only to the European Union, but other integration unions can also follow this path (for example, the EAEU). Using the methods of political science, science of state, and comparative-legal methods of studying this new phenomenon, the author concludes that in the EU there is an incomplete public power sui generis, which is not a state power, but has elements of statehood, operates special supranational law, which takes precedence over the law of member-states, and changes the concept of state sovereignty. Its member-states retain state sovereignty, but self-restrict some of its elements. But all of this takes place only within certain framework: certain sovereign rights and government powers voluntarily transferred to the EU by the member-states.
Katsuba S.V. - Hate crimes against LGBT in Russia: legal status and research problems pp. 13-28

DOI:
10.25136/1339-3057.2021.3.35330

Abstract: Hate crime is a prejudice-motivated crime against an unprivileged group. This article provides an overview of hate crimes against LGBT in Russia. Emphasis is placed on several aspects: (1) legal status of hate crimes in Russia, (2) available data sources and statistical analysis of anti-LGBT crimes, (3) number of such crimes and general tendency (4) problems of collection and interpretation of data. To answer these questions, the article employs previous research on the topic, reports of the local and international organizations, and law enforcement practice. Russian courts recognize motive of hate towards LGBT  as a direct “hate motive against a social group” (consisting of two or more people who regularly interact based on mutual expectations and share common identity). However, the judges often avoid the direct application of such norm, replacing the motive of hat3 with the concept of “personal antagonism” or prejudice that affected the motives of the perpetrators. This leads to a misinterpretation of anti-LGBT crime statistics, since “personal antagonism” does not entail legal consequences of hate crimes. Therefore, the absence of the official data on such crimes encourages the researchers to search for the alternative sources of statistical data. For assessing the degree of hate crimes against LGBT in Russia, the author explores various research approaches and reports, which testify to the fact that the number of such crimes has increased since 2013. The author outlines a range of challenges faced by the researchers dealing with this topic, as well as potential vectors for further research.
Kochetkov V.V. -

DOI:
10.7256/1339-3057.2013.2.10376

Abstract:
Chirkin V.E. - THE RUSSIA'S 1993 CONSTITUTION: THE PRINCIPAL ADVANTAGES AND SOME LEGAL SHORTCOMINGS

DOI:
10.7256/1339-3057.2015.1.14165

Abstract: On the basis of a comparison of foreign and Russian constitutions, the article discusses the legal language of the Russian Constitution. The author especially addresses such questions enshrined in Russian constitution as: the constitutional provisions concerning economic, social, political and spiritual life of the community. However, the article also refers to some shortcomings of the Constitution that were integrated in the text during the adoption of the Constitution in 1993. The author primarily uses the comparative scientific method. Classic legal methods are also were used during this research. The novelty of this work consists in the research of the values of the Russian Constitution in a comparative approach. The author developed the ideas of how the Russian concept should be modified in order to comply with modern standards of legal language used in contemporary connotations. 
Udartsev S. -

DOI:
10.7256/1339-3057.2014.1.11412

Abstract:
Samoylenko E.A. - The structure of international-legal regime regarding the navigational usage of international rivers

DOI:
10.7256/1339-3057.2015.1.14864

Abstract: This article deals with issues of basic components of international-legal regime of shipping on international inland waterways. The author begins the analysis of this problem from the theory of law and presents elements that should be represented in the structure of any legal regime. The author thinks that international-legal regime of navigational usage of international rivers must be aimed at fixing the procedure and conditions of passage through the waterways. Particular attention is given to the issues of content of freedom of navigation on international rivers. A variety of methods of research are used in this article. The application of dialectical method of cognition allowed exploring the typical structure of international-legal regime of navigational usage of international rivers. Historical method was used in studying the formation processes of freedom of river navigation. Formal-legal, systemic, structural-functional methods of cognition were used during the interpretation of norms of international law. With help of inductive method, methods of analysis and synthesis the practice of states, international organizations and international courts was researched. The author argues that as a primary step for distinguishing of the structural elements of the international-legal regime of the navigation on international rivers must be the projection of the basic principles of the international law on the problem of river navigation. The common structure of the international-legal regime of the navigational usage of international rivers consists of a number of typical (main) regime-creating elements. There are significant and non-significant components among them; elements, related to the subjects of the international law, and elements, related to the direct participants of river navigation. Intergovernmental treaty – as an international document, where these elements are shown, – should define the scope of regime of navigation on the international river, contain material and procedural norms concerning its navigational usage, institutional mechanisms of cooperation in this sphere between countries, and the mechanism of dispute settlement between them.
Admiralova I.A. -

DOI:
10.7256/1339-3057.2013.1.9383

Abstract:
Kurakin A.V., . -

DOI:
10.7256/1339-3057.2013.1.9381

Abstract:
Erpyleva N.Y., . -

DOI:
10.7256/1339-3057.2013.1.8806

Abstract:
Borisova A.S. - Right to religious feelings: legal aspects of protection of believers

DOI:
10.7256/1339-3057.2015.2.15594

Abstract: The subject of this research is the competitive analysis of the approaches of the European Court of Human Rights, the Parliamentary Assembly of the Council of Europe (PACE), and Venice Commission towards the notion of “religious feelings” and the necessary level of its protection by the government. A special attention is given to the essence of the concept of religious feelings and whether or not it is possible to give a legal definition to this notion, which is the reason for an assessment of the comparability between Article 148 of the Criminal Code of the Russian Federation on insulting the religious feelings of believers, with the European standards in the area od requirements for legal certainty. The main conclusion is that it is impossible to set a normative definition for “religious feelings”. The author justifies the need for a clear delineation of incitement of hate and intolerance by difference of religion, and insulting the feelings of believers, including blasphemy and sacrilege, as well as the reasonableness of decriminalization of “insult of religious feelings of believers”.
Bochkarev S.A. -

DOI:
10.7256/1339-3057.2014.2.12463

Abstract:
Rosalba A. - Unfair terms, protective nullity and Courts powers: certain reference points after JőrÖs and Asbeek Brusses rulings.

DOI:
10.7256/1339-3057.2015.2.15603

Abstract: The article examines the cases of Jőrös (Case C- 397/11,) and Asbeek Brusse,(case C-488-11), both dated 30 may 2013, as a starting point for a more general analysis of the ECJ’s approach to the legal consequences to be drawn by the national Court from finding that a contractual term is unfair. The work focuses on the question of whether the interest of the consumer – at the basis of the remedy under consideration – is compatible with the general public interest and with the duty of the National Court to declare the nullity of its own motion, perhaps in contrast with the individual interest of the party. The paper criticizes the “Pannon ruling”, and points out how the more recent Banif Plus judgment (2012) has refined that ruling, even when the partial nullity is concerned. If the duty of the National Court to declare the nullity of its own motion aims to guarantee general interest and the values held by the Constitution – the A. argues – there is no way the consumer can “oppose” the declaration and express his own interest to preserve the contract. Consistently with this idea of consumer protection, in the recent Jőrös judgment the ECJ partially reviewed the so called Perenicova jurisprudence, and clarifies that the National Court is required to determine whether or not the contract can continue to maintain its effects on the basis of objective criteria.
Chirkin V.E. - Three global legal systems of modernity: convergence and antagonisms

DOI:
10.7256/1339-3057.2015.2.15082

Abstract: The author examines the classifications of legal systems and legal families that exist in the Russian and foreign literature, and notices their inaccuracies. The terms “legal system” and “legal family” are often used interchangeably, different social essence of the major legal systems is ignored. Anglo-Saxon law and totalitarian socialist legal system are in the same classification unit. It is offered new approaches and synthesis. The author uses the historical, logical, deductive, inductive and comparative research methods, applies the formational-civilizational approach and, on this basis, identifies three major legal systems in the modern world: the Muslim system, liberal semi-social capitalist system and the totalitarian socialist system. On the basis of socio-culturological legal approach within each of the global systems, the author highlights the legal families. In the Moslem system there are fundamentalist (radical) and modernized (upgraded) legal families, but also for another reason - the Sunni and Shiite communities legal families, in the liberal semi-social capitalist system there are Anglo Saxon, the Romano-German and other families, in the totalitarian socialist system - orthodox Leninist-Bolshevik and modernized partly, upgraded (but only in the area of economic regulation) family.
Le Bot O. -

DOI:
10.7256/1339-3057.2014.3.12906

Abstract:
Riekkinen M.A. - Residence Registration as a Condition for the Implementation of Human Rights and Freedoms: International Legal Aspect

DOI:
10.7256/1339-3057.2014.4.14156

Abstract: International law provides us with a large amount of political, socio-economic and cultural rights. However, most of the rights are provided only if a person has official documents and registration. Residence registration is one of the necessary conditions for fundamental human rights.The article provides an overview of the legal issues related to residence registration, both in the former Soviet Union and in Europe. In the former Soviet Union, the issues of residence registration are associated with the remnants of the propiska system in the legal systems of individual states, as well as with the imperfection of modern population registration systems. In the European context, such problems are related mainly to the issue of irregular migrants.The author systematizes the recommendations of international human rights bodies in relation to the optimization of the residence registration system. She uses examples of legislative solutions found by Scandinavian countries.
Abgaryan D. -

DOI:
10.7256/1339-3057.2014.4.11624

Abstract:
Other our sites:
Official Website of NOTA BENE / Aurora Group s.r.o.
"History Illustrated" Website