Law Science Research Articles

Judges on Russia’s System of Criminal Sanctions

An empirical study of the system of criminal sanctions was conducted by interviewing judges of criminal collegiums of district and regional courts of the Russian Federation, including the chairmen of district and regional (city) courts of the Russian Federation. The article presents and analyzes the results of the judges’ survey. The results obtained demonstrate the opinion of the judicial community on the system of criminal sanctions, on the compliance of sanctions with the norms of the Special part of the Criminal Code of the Russian Federation with the principles of criminal law, as well as on non-effective types of punishment, such as arrest and the death penalty. The ways of solving some problems of the system of criminal sanctions proposed by the judicial community are analyzed. The conclusions obtained have scientific novelty and practical significance, since they contribute to the improvement of criminal legislation and the development of the science of criminal law.

Constitutional law in the system of international law

The article analyzes the processes of constitutionalization of international law. The purpose of the study is to substantiate the functions and principles of international law that determine the actions of subjects of international legal relations, to assess the potential of constitutional international law to ensure the constitutional legal order. The methodological strategy is built on the synthesis of general scientific and special private law methods. The main emphasis is placed on three main aspects of the constitutionalization of international law: the general values of the international community, the law-making process at the global level of subjects of international law, considered through the prism of the theory of sovereignty. The problem of finding the methodology of constitutional international law is raised. The general values of the international community as a basic prerequisite for the formation of international constitutional law are analyzed, the actions of subjects of international law are evaluated through the prism of the theory of sovereignty, the peculiarities of the norm-making process at the international level in the context of the formation of international constitutional law and the issue of the distribution of competence between different levels of the multi-level system of modern constitutionalism are investigated . The main principles of international constitutionalism are highlighted: limitation of state power in order to ensure human rights, non-use of force or threat of force, territorial integrity of states and inviolability of borders, democratization of social relations, transparency of legislative norms. Observance of these principles acquires constitutional significance in international law. The conclusions indicate the possibility and necessity of distinguishing international constitutional law as an independent field within the framework of international law due to the uniformity of its legal regulation. Considering the consequences of globalization, there is a need to replace the fragmented order based on regional, political, economic, national or cultural characteristics with a global legal order, which is ensured by the constitutionalization of international law.

Взаимосвязь религии и среды права на примере Средневековой Италии

The actual problem of understanding law as an established, socio-cultural phenomenon has always occupied an important place in the spiritual arsenal of man. Law is a multidimensional concept, and the science of law develops and consolidates deep and diverse information. The article discusses the concept and tendency of the institution of the church to the environment of law in general and law in particular. The analysis of the subject under consideration is carried out on the example of Medieval Italy. It also reveals the relationship of the philosophical and legal category of the environment of law and law as such. The author substantiates the methodological significance of this category among other theoretical and legal categories.

CRIMINAL LIABILITY FOR SMUGGLING IN UKRAINE: SOME ISSUES OF THEORY AND PRACTICE

The article highlights certain problematic aspects related to the legal assessment of certain features of crimes provided for in Articles 201, 201-1, 305 of the Criminal Code of Ukraine. Attention has been drawn to the high level of scientific study of this issue. The content of the social danger of smuggling has been analyzed; the negative impact of the researched crimes on the relations of the market economy in Ukraine has been shown. The features of the object and the subject of the respective encroachments have also been clarified, and the special legal status of certain objects moving across the customs border of Ukraine has been emphasized. Attention has been also focused on the importance of taking into account the blanket method of describing dispositions of “contraband” prohibitions. It has been emphasized on the importance of taking into account the provisions of the Customs Code of Ukraine, as well as by-laws, which detail the procedure for moving certain items across the customs border of Ukraine, when qualifying the crimes investigated in the article. Finally, the controversy in criminal law science and the inconsistency of judicial practice in determining the moment of the end of smuggling have been demonstrated.

Chinese academic community speaks out on He Jiankui again: Consensus statement on the challenges and responses of science and technology ethics governance

Chinese academic community speaks out on He Jiankui again: Consensus statement on the challenges and responses of science and technology ethics governance

Prosecutor's science: current state and development trends

The article is devoted to the study of the history, current state and trends in the development of prosecutorial science in the Russian Federation. Currently, legal science is undergoing a reform associated with the process of consolidation of scientific specialties. The article defends the need to preserve prosecutorial science as an independent branch of legal knowledge, characterized by a whole galaxy of outstanding scientists engaged in the study of the theory of prosecutorial activity, an independent system of scientific and educational organizations that form scientific schools in this area, and, finally, a detailed elaboration of the scientific foundations of the functions and areas (areas) of the prosecutor's office, a doctrinal approach to the development and functioning of the prosecutor's system. The main conclusions of the conducted scientific research are the ideas that at present there is a steady trend towards the separation of prosecutorial science into an independent branch of scientific knowledge. The article also contains proposals for a more detailed definition of the scientific branch 5.1.2 – "Public law (state law) sciences" of the content of scientific research devoted to prosecutorial science, which, in addition, would make it possible to more accurately distinguish scientific research also devoted to the study of prosecutorial supervision, which, however, are conducted within the framework of scientific branch 5.1.4 "Criminal law sciences".

Kelsen’s Pure Theory of Law: An Overview

Abstract: This paper deals with the origins of the many, frequently quite unfavourable, criticisms made of Kelson's pure theory of law and reveals key characteristics of several stages in its growth; point out the importance of Merkl and Verdross' work in developing the pure theory of law as well as the driving forces behind Kelsen's attempts to formalise jurisprudence (the science of law) in order to set the stage for an accurate and unbiased study of positive law; he also assesses the significance of Kelsen's normativisms and offers his opinions on how the pure theory of law should be developed going forward and its impact on legal system and its application along with the case analysis

The "Grant" Category as a Legal Homonym

Introduction. The need for precise and high-quality legal regulation of the scientific sphere is predetermined by the current reality and the Russian Federation's public policy. Nevertheless, despite the significance of this direction, the current legal system and legal science still contain mistakes, gaps, and inconsistencies that cause discrepancies in the views and legal provisions on scientific matters. The lack of a precise definition of the "grant" legal category is one of the theoretical issues that negatively af­fect the law-application field. Methods. The study's methodology is based on specific scientific knowledge methods (historical, comparative legal, and formal legal) as well as analysis, synthesis, and dialectics. Results and Discussion. The provisions of the Russian Federation's financial, tax, civil, and scientific laws that use the "grant" legal category are examined in this article. Despite the fact that the same "grant" legal category is used, it has a different meaning in each regulatory legal act. This content cannot be brought to uniformity. As a result, the term "grant" has evolved into a legal homonym of sorts, wherein the same term can have a variety of contents and meanings depending on the area of law in which it is used. Legisla­tive changes are necessary in light of this situation's detrimental impact on the regulatory framework. Conclusion. The approach to the norma­tive consolidation of the "grant" legal category in the Russian Federation needs to be changed in order to eliminate the circumstance wherein it acts as a legal homonym of sorts. The article outlines the fundamental ideas behind the new approach as well as specific regulatory suggestions to update the law as it currently stands.

Общественная опасность преступления: о чем нужно писать в кандидатских диссертациях?

Relevance: The Criminal Code is supplemented with new elements of crime without taking feedback into account. Most criminal law researches are retrospective. Scientists work with normative material trying to guess what the legislator kept in mind while accepting another “novel” of the Criminal Code of the Russian Federation and justifying it by ex post facto. Such an approach to the content of scientific research does not contribute to the development of the science of criminal law, but in a sense encourages hasty legislative decisions. Purpose: to give PhD candidates recommendations on the research of social danger of crime. Objectives: to reveal the significance of the thesis as an element of feedback when changing the criminal law, to identify the attitude of the legislator to the classical understanding of social danger of crime. Methodology: systematic and formal-logical research methods were used. Results: the author comes to the conclusion that the PhD thesis is considered as an element of feedback, which should contain a study of social danger of the act in these aspects and can improve the quality of the adopted laws; proves that social danger of crime deservedly occupies a place in the structure of the object of scientific research, but only when it is achieved the purpose of substantiating the criminalization of a new act, decriminalization of an old one, unification or differentiation of responsibility; puts forward the hypothesis that the legislator considers social danger not as an objective element of the act, as in the “classical approach”, but rather as an assumption, which does not often indicate the possibility of harming public relations by the act, but points out the significance of protected relations being affected by the act.

Исторические предпосылки разработки иных мер уголовно-правового характера, направленных на ограничение прав лиц, совершивших преступления против интересов Российской Федерации

The relevance of the topic is due to the need for a retrospective analysis of individual measures of state enforcement in order to understand their criminal legal nature. The history of the development of other measures of a criminal law nature in relation to individual groups of crimes is practically not considered in the criminal law literature. Encroachments on the interests of the state the punishment for which has traditionally been one of the most severe among socially dangerous acts prohibited by criminal law are no excluded. Nevertheless, the analysis of historical sources shows that the limits of coercion in this area have changed over time significantly. The changes that took place were related to the policy of the state, namely the humanization of punishment - the mitigation of the means of influence used against persons guilty of committing crimes against the interests of the state. Today, this trend generally continues. Along with the rigidity of the approach, the authorities allow a compromise, reasonably believing that a different impact or border measures can ensure the effectiveness of prevention.
 Traditional methods were used in the study organizing - generalization, analysis, analogy.
 Results. The development of the criminal law science, as well as the humanism ideas dominance, the human resources economy, led to the implementation of a fundamentally different approach in the entire field of criminal law regulation. We believe that the further development of this area will allow us to determine new prospects for countering the crimes of the group under study.

Normativity and Ontology of Law in Early Greek Philosophy

The paper is devoted to the issues of the emergence of European science and philosophy, founded by the ancient Greeks. In the period known as the First Enlightenment, there was, on the one hand, a gradual departure from the mythological explanations of the reality, and, on the other, the construction of a new way of looking at the world, known as the study of nature. The inquiries of the ancient Greeks had an ontological dimension; they consisted in searching for the arche of the world and they were looking for the ultimate structure of reality, and, what is important, the human being was situated in these studies as an integral, but not the most important part of the Cosmos, subject to its laws. Presocratics did not put the human being above nature, because they did not strictly distinguish between the laws of nature and the laws of community. This was one of the reasons why the science of law did not arise at that time. Besides, the Greeks never reduced their right to the system, because too often gods or demos ‘interfered’ with the laws of the polis. It was a typical example of “law without jurisprudence”, because it was flexible and had vaguely formulated rules and institutions. Another significant factor here was the lack of the trained group of professional lawyers. This period ended with the advent of Socrates’ philosophy. Up to his time, philosophy had studied numbers and movements, and had dealt with the question of where all things have their origin and where they disappear; it also had observed the stars, the distances between them, their circuits, as well as had studied phenomena which appear in the sky. The early sages believed that they could gain knowledge by conducting research into natural phenomena themselves. Socrates rejected the ontology and study of nature initiated by the Milesians and other early Greek thinkers in favour of searching for the meaning of words and concepts found in the Athenian polis language. He believed that finding the meaning of words translated into revealing the reality which could not be reached otherwise.

Increased Economic Crime in the Housing and Utilities Sector: Reasons and Ways to Overcome Them

Introduction. The housing and utilities sector is an integral part of the national economy affecting absolutely all citizens of Russia. In recent years, the number of economic crimes committed in this sector has increased. Bringing down the level of crime, developing the crime preventive measures in this sector constitute the scientific interest and relevance of the study. The purpose of the study is to analyse the reasons of increased economic crime in the sector of housing and utilities (hereinafter — housing and utilities), as well as to develop theoretical and practical recommendations aimed at decreasing the level of crime in this sector.Materials and Methods. To achieve the set forth goal, the general scientific dialectical method of cognition was used, the methods of analysis and synthesis used for generalising theoretical and practical material, the empirical and statistical methods made it possible to draw the main conclusion of the study and achieve the goal.Results. A comprehensive and multifaceted approach to solving the problem of increased economic crime in the housing and utilities sector has been implemented from perspective of criminal law, criminal-procedural and criminological scientific knowledge. The scientific value of this study is gained due to the comprehensive review of the reasons in the context of the overall picture of economic criminality in housing and utilities sector which allows making the most complete conclusions and defining general and specific criminological measures for preventing crime in the housing and utilities sector, namely, general social, economic, organisational and legal and educational measures; the specific ones carried out by the state housing supervision authorities and the internal affairs authorities.Discussion and Conclusions. The analysis of the judicial and investigative materials made it possible to identify the reasons of increased economic crime in the housing and utilities sector, as well as to develop efficient preventive measures to combat such crime. The article provides recommendations for practicing specialists (investigators of the economic crimes in the housing and utilities sector; judges hearing and passing sentences in this category of cases; employees of administrative offices calculating and setting the rates and resource-supplying companies charging the utility payments), as well as for researchers in the field of criminal law sciences.

Fusion of Emotional Thinking and Mental Health of Students in Vocal Music Teaching.

Vocal psychology belongs to the branch of music psychology, which is the cross-study of vocal art and psychology, and is also a new discipline with both theory and application. Vocal singing uses a thinking, conscious person as an instrument that is necessarily governed by the psyche over the physiology, relying on the brain to direct the movement of the singing muscles and the coordination of the vocal organs. The purpose of this thesis is to explore the application of vocal psychology in vocal singing and teaching, to explain the generation and development of various psychological phenomena in singing activities, to reveal the role and significance of various psychological factors, to provide singers with a theoretical basis for psychological aspects, and to correctly understand the scientific laws of the inner psychology of vocal singing. The effectiveness of classroom teaching is reflected in effective and efficient aspects. The effectiveness of a vocal lesson can be measured by the criteria of whether the teaching is oriented, scientific, artistic, and efficient. Effective teaching design is the basis of teaching effectiveness, elaborate teaching organization is the guarantee of teaching effectiveness, and flexible teaching methods are the root of teaching effectiveness; all three need to be closely combined and organically unified. Effective teaching design is a holistic thinking before the implementation of teaching; all factors related to teaching, practice, and evaluation should be fully considered in the teaching design; teachers should take the learning effect of students and the cultivation of employability as the starting point for effective teaching design; and the classroom teaching of "vocal music" is a "process" and teachers should teach in accordance with the teaching design. They should focus on guiding students to experience and cultivate their abilities in a series of "processes" such as the emotion of vocal music, the teaching situation, the effect of listening, the creation of expression, and the aesthetic value. In addition, teachers should combine the teaching methods of transmission and inspiration, classroom teaching, and after-school training and combine relatively fixed teaching methods with flexible teaching methods to maximize the effectiveness of teaching.

Развитие взглядов о сущности функций государства в дореволюционном российском правоведении

The object of the author’s attention is the theoretical views and developed concepts of prominent Russian jurists of the pre-revolutionary period concerning the doctrine of the functions of the state. Their work became the basis for the formation of a complete theory of state functions in the Soviet science of state and law.

Russian Civil Law in the Light of Transatlantic Differences in Legal Thought

The paper states that recently changes have been made to the procedural codes, which actually led to the legislative recognition of judicial practice as a source of substantive law (including civil law). Judicial practice, at least since the mid-90s of the last century, has not stopped trying to master the law-making function, the intensity of which has significantly decreased after the Supreme Arbitration Court of the Russian Federation ceased its operation. The science of civil law, represented by a large group of scholars, has also taken the path of justifying the search for law beyond the law. The paper substantiates the idea that this «ultra-American» trend does not correspond to the social conditions of Russia. Russian civil law should return to its German origins, which implies the search for law exclusively within the framework of the law. At the same time, the concept of legal interpretation and law enforcement borrowed in Germany should be supplemented with a rationalistic doctrine of legal interpretation. This approach will replace intuitive jurisprudence, covered by references to the «meaning» of legislative and other regulations.

The Priority Tasks of the National Science of Constitutional Law during the Russian Aggression

The article addresses the issue of the role of the science of the constitutional law during the war with russian aggressor. It is mentioned, that international and national experience of the state-building, obtained over the long years of Ukrainian independence, convincingly proves that it is not possible to modernize social relations without correct scientific substantiation, prognostic predictions, development of the innovative social methodology and theories. It is particularly important during the full-scale war with russia due to the fact, that Ukrainian community and country faced the problems, which were not previously in the focus of attention of domestic legal science.
 The author emphasizes, that there is no abstract necessity to explore the negative phenomena of war. A conclusion is made that the legal science has to provide a legal assessment of the certain war crimes, crimes against humanity, genocide, violations of the constitutional rights and freedoms of a person committed on the territory of Ukraine by russia, etc. It has been found out that there is need of the summarizing the practice of applying Constitution of Ukraine and other legislation during the war, the real state of ensuring human rights, the functioning of the national mechanism of public power, taking into consideration the military situation. The aim of the legal science, including constitutional law, is to provide a conceptual theoretical framework based on the aforementioned generalization and scientifically substantiate and formulate the specific importance of the enhancement of national legislation and to determine the nature of the content of such changes.
 The research highlights the specific priority tasks of the national science of constitutional law not only in relation to the analysis and development of recommendations regarding the improvement of national legislation in order to guarantee state sovereignty, territorial integrity of Ukraine, proper provision of human rights and functioning of the mechanism of state power and local self-government during the period of military aggression of the northern neighbor, but also to create the basis of the transformation of the Ukrainian legal system according to the European standards and values in the post-war country.

The nature of science dimension in the teaching discourse. a case study

Spoken language is the vehicle through which a great deal of teaching takes place, as well as the way in which students show the teacher a great deal of what they have learned. In this context, teaching is mostly a means of providing access to those specific ways of speaking. In particular, metadiscourse is a discursive resource used in discursive exchanges in science classrooms. Despite its importance, metadiscourse has been poorly studied in the science classrooms. One of the metadiscourse methods studied in classrooms is the one corresponding to epistemic markers. The purpose of this study is to analyze how a future Chemistry teacher uses metadiscourse to build scientific knowledge along with the students. A qualitative study of the future teacher’s speech was undertaken from discursive exchanges in a physical chemistry classroom. All classes were video and audio recorded for analysis purposes. From total of four classes, a number of extracts were selected from the third class. Based upon a content analysis, representative categories of epistemic markers in the teacher's verbal discourse were inferred. Discourse markers referred to the scientific law recognition as well as its structure and physicochemical properties thay either vary or remain constant during the phenomenon occurence were found. These markers show the importance of considering an explicit work with the epistemic dimension of the content in order to promote the construction of scientific explanations understanding in the science classroom. Additionally, this importance implies the relevance of engaging the future teachers in reflective practices that demonstrate the work with the nature of science from the discursive use of epistemological markers.

The Hadith of the man who said during Al-Hajj: Is it every year? Then he said: “If I had said yes, it would be an obligatory one”: An essentially Modern Study


 
 
 
 Praise be to Allah, Lord of the worlds, and prayers and peace be upon our master Muhammad, and upon all his family and companions.
 There is no doubt that the science of jurisprudence and hadith is one of the most important sciences of Islamic law. It is so because at the first: it controls the methods of deduction, ijtihad, and knowledge of the legal ruling in a correct manner At the second instance: it distinguishes what is accepted from what is rejected from hadiths.
 Among the most prominent of these hadiths that were inferred by the fundamentalists, and the inference was repeated in more than one issue: It is the hadith of a man who asked the Messenger of God about Hajj: is it every year? The Messenger of God remains silent until the man repeated saying his question three times. The Messenger of God said: If I had said: Yes, it would have been obligatory, and when you were able, then he said: You have left me what I left, but those who were before you were the most like their question and their disagreement on their prophets, for you, for you are, for God.
 This is how in most of the narrations, and it was also mentioned in Al-Bukhari and in one of the narrations of Muslim on the second part only. So many fundamentalists used them as if they were two hadiths, and the second half might be mentioned only as Imam Al-Nawawi in his forty years, but are they two hadiths or one hadith? Or is the first reason for the arrival of the second hadith? Or the
 
 
 
 
 Then we gathered the issues that were inferred by the fundamentalists, with some additional information, and clarified the implications of the words affecting it, and we stand on them with some analysis, and our last prayer is that praise be to God, Lord of the Worlds.

Problems of Normative Legal Acts Implementation in the Education Sphere

Research relevance: article explores the main goals and objectives of the legislation in the Kyrgyz Republic regulating activities in the field of education. Research objectives: to determine the characteristic features of educational relations. Research materials and methods: of the Kyrgyz Republic on education, basic provisions and legislative acts in the field of education. The study was carried out on the basis of general scientific methods of cognition, systemic and systemic structural analyses. Research results: obtained results can be used in scientific research and law enforcement practice. Conclusions: theoretical and legal views, and scientific approaches to the study of educational activities, its positive and negative sides are analyzed.

Scientific Truth and Judicial Truth: Philosophy and Method

A sinthetic excursus of modern epistemology across some methodological contributes of Aristotle, Descartes, Galilei and Freud, with special regard to alethic and verisimilar knowledge in law sciences and legal reasoning, in order to analyse dialectic opposition of involved parts in legal argumentations and verdict’s rational motivation in trials.