Legal Publications Research Articles

Повторное нарушение правил дорожного движения как основание для уголовной ответственности

The subject of the research is Articles 264.1, 264.2, 264.3 of the Criminal Code of the Russian Federation. Writing of the article involved an analysis of regulations and legal publications. This study has revealed circumstances accompanying violation of road traffic regulations that stipulate bringing to criminal liability. The author reviews various opinions of lawyers and researchers of the legal science concerning the administrative prejudice phenomenon. The obtained results may be of interest for employees of law enforcement authorities, lecturers, representatives of the legislative system and attorneys. The scientific novelty of the research lies in the analysis of repeated violations of road traffic regulations from the administrative prejudice standpoint and the evaluation of administrative prejudice from the position of Russian legal theorists and provisions of the Constitution of the Russian Federation. Characteristic features of articles of the Criminal Code of the Russian Federation associated with repeated violations of road traffic regulations are willful intent, repeated offenses and an increased degree of social danger. We believe that the introduction of criminal liability if a person has earlier committed an offense within the framework of the Administrative Offenses Code of the Russian Federation puts citizens in an unequal position, which contradicts provisions of the Constitution of the Russian Federation, thus, further study of this problem is required.

Problems of legal regulation of public-private partnerships in Russian legal research before and after the adoption of Federal Law on Public-Private Partnership. Part one

This article analyzes the current state of Russian legal research on the regulation of public private partnership (PPP). Most of them are related to the regulation of the concept of PPP, its forms, the legal nature of the PPP agreement, the subject and object composition of PPP, the resolution of disputes arising from PPP, in order to systematize of existing scientific approaches to these regulation problems, determining the degree of this knowledge, assessing the dynamics of such research. Systematization of the main scientific conclusions and argumentation of more than 110 legal publications is carried out in the refraction of the Federal Law on PPP, which become a “watershed”, a factor that set the directions of scientific and legal discourse in the field of PPP increased the dominance of some right-wing positions on PPP and the weakening of others. The Federal Law on PPP provoked intensive dynamics and the overall volume of legal research on PPP in general. A comparison of the approaches in the legal publications reveals a preponderance of very significant intra-doctrinal divergences over the few consolidated positions on PPP legal issues even after the adoption of the Federal PPP Act. In particular, there is still a lack of consensus on the key legal definitions — PPP and its forms, as well as the PPP agreement as a contractual construct and its legal nature. The authors note that the existing degree of fragmentation of positions prevents the creation of a solid theoretical basis for understanding the problems of legal regulation of PPPs, significantly tangles the scientific search for options and methods of their solution. In the article proposes promising ideas for future legal research of PPP. The potential for interdisciplinary research is particularly important for the development of existing and obtaining new scientific knowledge about PPP.

Electronic Publication of Legal Notice: Towards More Reasonably Calculated Means of Service

Electronic Publication of Legal Notice: Towards More Reasonably Calculated Means of Service

Gabriele Crespi Reghizzi and his time: A comparative lawyer against the background of the epoch

The article is devoted to an Italian lawyer, a prominent specialist in comparative law Gabriele Crespi Reghizzi (1941–2022), who in the last period of his life worked at the Department of Law of St. Petersburg State University. It talks about main milestones of his academic career: emergence of interest in Soviet and Chinese law, acquaintance with leading scientists in these fields, creation of innovative works. In addition to the law of the USSR and China, he was interested in the law of states of Eastern Europe, India and Africa, focusing on not only genesis of legal systems, but also their development and interaction in the context of international relations. The knowledge and experience of G.Crespi Reghizzi, as it seemed, should have remained within the framework of a narrow academic interest, but economic reforms in China in the 1970s and 1980s and political changes in Europe in the 1980s and early 1990s gave them a fresh start. Professor G.Crespi Reghizzi was widely known by his professional activity as a business lawyer, international commercial judge, consultant on legal aid projects for post-Soviet states. His contribution to the codification of civil law in Russia is noted. Among G.Crespi Reghizzi’s distinctive features as a scientist, the author notes his extremely attentive attitude to legal terminology, and in the case of the Chinese language — to legal ideography, extensive use of primary sources and non-traditional sources, knowledge of several foreign languages. He attracted people, students and colleagues, by virtue of his personal qualities as attentiveness, spiritual generosity, originality of views, willingness to share his exotic experiences. To compile a complete bibliography of G.Crespi Reghizzi’s works seems to be quite difficult, since, besides professional legal publications and publishing houses, he willingly published in a variety of places and forms, wrote a lot of practical and popular scientific works, not to mention the linguistic diversity of his publications. Nevertheless, the article presents his main works, which made a great contribution to understanding the legal system of socialist and post-socialist countries and comparative law.

Ensuring Autonomy of Decision-Making by Artificial Intelligence for the Purposes of Legal Public Relations.

Within the framework of this article, a comparative analysis of existing approaches is carried out to determine the basic conditions for ensuring the autonomy of AI in the context of public legal relations of foreign countries and Russia. As part of the comparative analysis, the basic problems in the field of AI decision-making transparency in world practice, practical situations of integrating non-transparent AI into the sphere of public legal relations in foreign countries, as well as possible compensatory legal measures that ensure the safe integration of AI into the sphere of public administration in Russia are being investigated. The subject of the study is the formalization of the actions of artificial intelligence as a representative of a government body. The object of the research is normative documents, recommendations and other documents regulating the implementation of AI autonomy for the purposes of public legal relations in Russia and foreign countries, judicial practice, academic publications on the issues under study. The research methodology integrates a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, hermeneutical, comparative legal, formal legal (dogmatic), etc. Within the framework of this study, special emphasis is placed on the implementation of a comparative legal study of the phenomenon of AI autonomy, which implements public functions based on the experience of various states. The measures proposed as a result of the study can be applied in the legislative and law enforcement practice of the relevant authorities implementing the integration of artificial intelligence into the sphere of public relations in Russia.

“РАДНИК СТАРОСТИ” ЯК МОДЕЛЬ ЮРИДИЧНОЇ ГАЗЕТИ ДЛЯ НЕФАХІВЦІВ

The role of the media is determined by the irsocial purpose, which is primarily to inform and shape public opinion. The division of the pressa ccording to the nature of its audienceis one of the main criteria for classifying the media, where along with specialized publications for specialists in a particular field the reare newspaper sand magazines for non-specialists. As a rule, these editions publish professional information, trying to presentitin a formunderst and able to a person who does not have professiona knowledge in general and special terminology to satisfy his orher information needs to the maximum extent possible. We focused our attentionon the legal information and analytical newspaper for non-legal professionals – “Radnyk Starosty”, which presents legal information in an interesting and understandable form. An important step in the study of specialized publications that covered legal issues in various way sis to identify and analyze their thematic and typological specificity. The study of the socio-political conditions for the development of this type of specialized press, the peculiarities of the activities of editorial boards, and the problematic and the maticemp has is givesus an understanding of the marke needs intermsofin for mationrequestsandrequirements of society in the modern historical period, determines the necessary competencies of the author's team to create legal content demanded by the audience, and also reveals the possibilities of the existence of an original press that can not in any way be a Ukrainian analogue of an international corporation. The specialized press, which functioned and developed in independent Ukraine, is now gradually attracting the research attention of scholars. However, the corpus of legal publications belonging to the specialized press remainspoorly researched to day. Since the system of legislation of each country is unique and original, the impact of globalization processeson such publications is lesssignifi cant and is mostly manifested in the forms of information presentation and platforms on which they are placed, rather than in the content they produce. The specialized legal press for a narrowaudience – in this case, for non-legal professionals – has not been the subjec to fresearch by communication scholars in general, nor has the thematic and typological image of publications, in particular the news paper “Radnyk Starosty” (Kharkiv, 2016–2022), which was published for this readership, has been studied. Wedefine this audience, which the foundersof the news paper were focused on, by the concept of “non-specialists”, i.e. persons who do not have a professional legal education, but in connection with the tasks they perform must be sufficiently legally literate. The aim is to study the peculiarities of forming legal knowledgein a newspaper for non-specialists. The objectives are to summarize the experience of the editorial board of the publication “Radnyk Starosty” (2016–2022) in creating a model of a legal newspaper for non-specialists. Thematic and typological features of a number of periodical sareconsideredin the works of T. Davydchenko, V. Ivanov, M. Nedopytanskyi, T. Khitrova and other scholars. Most researchers point out that the main characteristics of the specialized press are the parameters of the problematic and thematic focus and the nature of the audience. T. Fisenko proposes a marketing approach to the distribution of such magazines. Researcher V. Shevchenko presents the components of the division of journals by readership, where she distinguishes publications for specialists, for a widerange of readers, and for certain groups of readers, but at the same time notes that journals of the same the maticfocus can be intended for both specialist sand a widerangeofreaders. The typology of specialized publications is discussed in detail in the monograph “Business Press of Ukraine” by L. Dudchenko, in which the author no test hat “the maincatalyst for the development of business media is the readershipanditsreadines stoperceive economic information”. The typological system of specialized medical press, which is based on two basic principles: the audience factor and the goals of communication activity, was proposed by V. Sadivnychyi.

On the stylistic features of judgments in the public case novels of Zhuji and its authors Cultural implication of law -- Centered on "Detailed Public Case", "Detailed Criminal Public Case" and "Legal Public Case"

On the stylistic features of judgments in the public case novels of Zhuji and its authors Cultural implication of law -- Centered on "Detailed Public Case", "Detailed Criminal Public Case" and "Legal Public Case"

The role of the Constitutional court for the protection of the human rights

Today in Europe there is a complex system of protection of individual rights based on different sources of law and respectively with a different procedure for their defence, but with common constitutional legal root. The “catalogue” of basic rights in constitutions served as inspiration for the drafters of the International act in the field of human rights, whilst in the constitutional legislative process usually the legislator turns to the established International Human Rights Standards. Constitutional courts participate in the promotion and development of human rights standards through their case-law. The references in the past 30 years, the amendments of chapter eight of the Constitution and the case-law of the Constitutional court of the Republic of Bulgaria show that it has a roles as human rights court. However, the system of constitutional review could be improved with the facilitation of the ordinary courts in the direct application of the Basic law on cases. One of the possible measures is the legal education in the field of human rights protection and the availability of scientific legal publications in service of the practicing lawyers.

A Body Without a Soul: Why Print Still Matters in Legal Research

This article argues that print still has a place in legal research pedagogy and that some materials should still be collected in print in addition to online should the budget allow for it due to five primary reasons: (1) stability of legal information; (2) context; (3) information literacy; (4) algorithm bias; and (5) the discovery of information. Since many law library budgets are shrinking, there are creative ways for online legal publishers to make online material more print-like should libraries be unable to purchase both print and online material.

TINDAK PIDANA RAHASIA DAGANG DITINJAU DARI UU NO. 30 TAHUN 2000 TENTANG RAHASIA DAGANG

Legal protection applies to the rights of every citizen, both to rights obtained due to transfer or rights arising from the results of their own copyrighted work. For rights in the form of copyrighted works, in the legal world they are included in the category of Intellectual Property Rights (IPR). Trade secrets as part of the Intellectual Property Rights system are not given much attention by the wider community, therefore they should be given protection like other Intellectual Property Rights objects. The purpose of this research is to find out criminal acts against violators of trade secrets and analyze using Law No. 30 of 2000. This research method uses normative research with a qualitative approach. The legal materials used in this study are primary legal materials and secondary legal materials. The primary legal material is the legislation in the field of intellectual property rights in Indonesia, namely Law no. 30 of 2000. Secondary legal materials used in this research are legal publications such as books, research results and so on. The results of this study indicate that anyone who intentionally and without rights uses or discloses a Trade Secret, or reneges on an agreement to maintain a Trade Secret or obtains or controls a Trade Secret in a way that is contrary to the applicable laws and regulations: shall be sentenced to a maximum imprisonment of 2 (two) years and/or a maximum fine of Rp.300,000,000.00 (three hundred million rupiah).

Legal Protection of Forest Customary Rights in Land Procurement from the Mineral Mining Industry

This research aims to determine if legal protection is available for the use of forests, which are the customary rights of Adat and Indigenous Community from the mineral mining sector, which demands the use of extremely large territories. Fulfillment the utilizes state-controlled forest land, including protected forests, and industrial forests could be challenges. By considering environmental sustainability, legal protection ensures sustainable growth. To legally maintain customary forest rights, this study employs normative-juridical research utilizing primary and secondary legal sources about the acquisition of land for the mining sector, particularly for mineral mining. Agrarian, forestry, mining, and environmental protection and preservation legislation and decisions of the Constitutional Court of Indonesia on mining are examples of authoritative primary legal texts. All legal publications—including books, dictionaries, journals, and comments on court judgments—are considered secondary legal sources. This study finds that the legal protection of Adat and Indigenous Community’s customary forest rights over the availability of land for mining firms must be profitable, prosperous, and fair for Adat and Indigenous Community members. Adat and Indigenous Community are community associations that live and grow happily together in a hereditary region based on ancestry and similarity of habitation. Forest use for this purpose requires a Borrowing and Use Permit, which must include criteria for periodic, quantitative, and transparent environmental management, and preservation.

Проблема пределов правового регулирования в отечественной юридической науке

The study of any scientific problem involves the analysis and comprehension of the results of scientific activity of previous generations of scientists. Despite the fact that in domestic legal science the limits of legal regulation as a significant scientific problem have not received comprehensive coverage, the pages of various legal publications have expressed provisions that are of conceptual importance and serve as the foundation for its further research. The purpose of the study: to comprehend the results of the study of the limits of legal regulation in domestic legal science, highlighting the key ideas and provisions that contribute to the further study of the scientific problem posed. Research methods: general scientific methods and techniques of cognition (analysis, synthesis, induction, deduction, abstraction, generalization, comparison) and particular scientific (formal-legal, structural-functional). Results: the study of the limits of legal regulation in domestic legal science made it possible to form a serious foundation for its further study. The main results include: comprehension of the basic concepts of «the scope of legal regulation» and «limits of legal regulation»; the emergence of different approaches to the problem of establishing criteria for the limits of legal regulation; formation of a classification of the limits of legal regulation; designation of the main directions in understanding the factors of establishing the limits of legal regulation.

Open access to legal scientific publications: the experience of the Durham statement

An important feature of the development of modern science is the increasing spread of open access to the results of research activities. The article provides an analytical review of the spread of open access to scientific literature in the world, identifies the reasons for this phenomenon, examines the problems that stimulated the emergence of the Durham initiative are considered, reviews the situation with access to scientific legal literature in the early 21 centuries. The main arguments of both supporters of open access and critics of the movement are identified and analyzed. The main development trends are identified. Recommendations have been developed on the introduction in Ukraine of measures to support open access to legal publications.

Investment In Spreading Criminal Law for Rural Indigenous Communities

This study discusses the understanding and dissemination of legal awareness in society, especially criminal law in social life. The author believes that early prevention efforts to minimize unlawful acts are indispensable in every context of legal socialization events. By socializing the law, all citizens aim to create a just and prosperous, safe and prosperous society free from crime, security disturbances, and anarchy. The better the socialization of criminal law, the easier it will be for the community to be invited to achieve independence in order to increase legal awareness. This socialization is the responsibility of all parties, especially the academic community and state apparatus, to guide citizens, especially indigenous peoples in remote parts of the country, to produce peaceful, capable, disciplined, responsible, and courageous citizens who are honest in life. This study also hopes that narrative narratives and academic thoughts on criminal law in indigenous peoples become ceremonial events. Law must be a life-giving culture, especially for indigenous peoples, to be a good example for other communities. Condor has been studied in several legal publications and other sources we have reviewed to answer the most valid research questions. This is also to ensure the data review process runs smoothly and responsibly.

Legal Deposit System and Publications in Electronic Form

The system of legal deposit in Russia, which dates back to the Decree of Catherine the Great in 1783, has passed a long historical path and currently has an appropriate legislative basis. In 2016, the Federal Law № 77-FZ of 29.12.1994 “On the Legal Deposit Copy of Documents” was supplemented, among other things, by the regulation on the legal deposit of printed publications in electronic form. Taking into account the Russian legislation, the Interparliamentary Assembly of the CIS Member States adopted in November 2021 Recommendations on establishing common approaches to the submitting of legal deposit of printed publication in electronic form in the CIS member States. Our country has accumulated the experience of implementing the amendments and additions adopted in 2016. On the one hand, the users who have access to the collections of the Russian State Library (RSL) have the opportunity to work with documents that have been received by the RSL from a number of publishers and other copyright holders and placed in the National Digital Library. On the other hand, many Russian document producers still do not send legal deposit copies of their printed publications in electronic form to the RSL, citing the fear that users may resort to illegal copying of electronic files.The author discloses the actions aimed at ensuring the rights and interests of both library users and copyright holders. The Government of the Russian Federation has submitted to the State Duma of the Federal Assembly of the Russian Federation the Draft Law on the abolition of the existing procedure obliging document producers to deliver the legal deposit of printed publication in electronic form to both the RSL and the Russian Book Chamber. The Draft Law provides for the delivery of corresponding electronic file only to the RSL.

COVID-lockdown in English higher education March–June 2020. Were disabled students’ needs forgotten?

ABSTRACT The COVID-19 pandemic forced HE Providers (HEPs) to radically transition traditional teaching and assessment to 100% remote delivery. UK Governments’ policies widening HE participation have yielded a significant minority of disabled students (15%). This study investigated English HEPs (n = 133) transition advice to academics regarding these students’ needs. Of 104 respondents, 16% provided new advice regarding remote teaching for disabled students, 22% regarding remote assessment; only 2 mentioned they had conducted Equality Impact Assessments (EIAs) about the changes. Disabled students’ needs appear forgotten. Four response models were identified: Keep Calm and Carry On, Meet an Existential Threat, All Hands to the Pumps, An Opportunity for Change. Emergent good practice examples are given. Most English HEPs should urgently conduct EIAs under their legal Anticipatory Public Sector Equality Duty. The whole sector needs to better institutionalise delivering to disabled students’ needs through effective inclusivity policy implementation, and educating academics and academic management.

Model innovation of police affairs programs ——Taking Guardian of Jiefangxi as an example

Police affairs programs are an important branch of china's legal programs and an important window for china's current legal publicity and education. At present, China is carrying out the eighth five-year legal publicity and education, so the innovative development of police affairs programs will inevitably attract attention from all walks of life. In order to dispel the seriousness of police affairs programs, cater to the current audience's love, and promote the publicity and education of such programs, police affairs programs begin to develop innovative Guardian of Jiefangxi is a typical example in this context.

Modern humanities on the legal activities of Anatoly Fedorovich Koni

The study analyzes modern research on the life and work of the outstanding Russian lawyer Anatoly Fedorovich Koni. Koni’s works are considered using modern analytic methods (content analysis, narrative, discursive analysis, etc.). Authors study the narrative of the lawyer (philologists and historians) and his linguistic personality (philologists). Seven dissertations were defended, many books and hundreds of articles were published. Conferences were held regularly. The memory of Koni is celebrated by many lawyers. Authors consider these studies in a chronological order and using comparative analysis. Currently, active “production” of publications on Koni’s work continues. Slightly more than half of publications represent a rewriting of older legal publications; we skip these and consider only those works that have contributed to the study of Koni and his environment. Of these publications, authors limited the review to those works devoted to Koni’s legal and personal life. The study of a vast amount of such work allows to identify the main experts in the field: Z. V. Baishev (philology) and S. A. Domanova (history). Authors were able to fully learn about Koni’s literary gifts, to see his theory of practical ethics, to understand many of the motives for his activities, and to create a psychological portrait, learned much about Koni, his fight against drunkenness and prostitution, relationship with the Soviet authorities, the influence of ethics on modern legal proceedings, Koni’s psychology and psychologism, and his relations with the press. Koni’s epistolary works await further, without which it is impossible to understand the motives of his actions. It is necessary, finally, to reveal his contribution to the philosophy of law.

Constitutional court rejection on omnibus law

The purpose of this legal and constitutional study was to deeply understand the causes and impacts of rejection of the ratification of the Omnibus Bill and its derivatives of the Job Creation Bill by demonstrators consisting of students and laborers throughout Indonesia. To make it easier for us to understand the above problems, we have carried out a series of data collections since the Omnibus Bill was discussed until it was passed by Parliament and rejected by demonstrators. For data, secondary legal information in the form of legal publications, textbooks, journals, and court decisions related to the Omnibus Law and other information in the form of articles published in the mass media has also been used as data. Finally, we can conclude that the findings include: Several laws originating from the Omnibus law have legitimized environmental destruction, ignoring customary rights that are more environmentally friendly and sustainable. The majority of the Omnibus Law committee comes from the elite who do not think about the civilian element, including the new law derivative people.

Legal Standing and Public Interest Litigation— Are All Erga Omnes Breaches Equal?

Abstract Public interest litigation over erga omnes breaches is commonly associated with abuses that are widespread or systematic, such as cases of genocide or crimes against humanity. By contrast, the prospect of such litigation over more isolated breaches causing harm to specific individuals is mostly ignored. Imagine, however, inter-State proceedings over (proven or alleged) human rights abuses in highly politicized and mediatized cases involving figures such as Julian Assange or Jamal Khashoggi. An alluring prospect to some; lex horrenda for others? The present paper tackles two questions that arise in this context. First, are such proceedings subject to the same admissibility requirements as applicable to the exercise of diplomatic protection (as the ILC has suggested in the past)? Second, is or should public interest litigation be limited to serious and widespread breaches, to the exclusion of more “isolated” ones? With regard to the first question, it is argued that the duty to exhaust local remedies applies mutatis mutandis to public interest litigation, but that the nationality requirement does not. As to the second question, the analysis concludes that a negative answer is in order.