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Legal Bulletin of the Kuban State University

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No 1 (2020)
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ТЕОРИЯ И ИСТОРИЯ ГОСУДАРСТВА И ПРАВА; ИСТОРИЯ УЧЕНИЙ О ПРАВЕ И ГОСУДАРСТВЕ

2-7 380
Abstract
This article discusses the status and development of case law in the theory and judicial practice of the China (PRC). Case law reflects a new trend in the development of legal families. In the modern legal system of the PRC, the legal force of precedent is not officially recognized, but the Governing Cases of the Supreme People’s Court and the Supreme People’s Prosecutor’s Office of the PRC have the same meaning as the legal precedent in the common law system. They certainly have an impact on judicial practice.
8-12 236
Abstract
Judicial authorities of feudal Pskov and a non judicial conciliation are analyzed in the article. The judicial bodies of feudal Pskov are similar to the judicial bodies of Western European countries of the feudal period. Traditional mediation procedures for European countries are not observed in feudal Pskov. The article finds the reasons for the lack of mediation and conciliation procedures in the Russian medieval society. They consist in the weak development of business, where just need conciliatory pre-trial procedures.

CONSTITUTIONAL LAW; CONSTITUTIONAL LITIGATION; MUNICIPAL LAW

13-17 145
Abstract
The article is devoted to the consideration of an important stage of the regional law-making process - the stage of legislative initiative. The results of the study proposes a new edition of the relevant articles of the Charter of the Krasnodar territory, the expediency of vesting the right of legislative initiative of representatives of Krasnodar region in the Federation Council.

CIVIL LAW; BUSINESS LAW; FAMILY LAW; PRIVATE INTERNATIONAL LAW

18-23 102
Abstract
The article analyzes the planned changes to the Civil code of the Russian Federation, which should affect the relations of shared ownership. The author describes an attempt to make structural changes to the civil code of the Russian Federation; introducing new rules for concluding agreements between co owners; new way to protect the right of priority purchase, and legalizing the splitting of individual property rights, as well as shares and other.
24-29 108
Abstract
The article is devoted to the research of information in the context of the peculiarities of its normative consolidation through the prism of objects of civil rights in accordance (with the provisions of the Civil code of the Russian Federation).

УГОЛОВНОЕ ПРАВО И КРИМИНОЛОГИЯ; УГОЛОВНО-ИСПОЛНИТЕЛЬНОЕ

30-35 180
Abstract
The article analyzes the evolution of the institution of criminal law in space through the prism of pre-revolutionary, Soviet and post-Soviet legislation. At the same time, the main semantic emphasis is placed on the Guiding principles of criminal law of the RSFSR in 1919, as one of the first branch codifications of Soviet socialist law in General. It is noted that this normative legal act contained the entire pre-revolutionary experience of regulating the operation of the criminal law in space, giving it a more concise and capacious form of external expression. It is also stated that the named monument of law served in this respect as a logical "bridge" and a normative base for all subsequent criminal codes of the Soviet (1922, 1926, 1960) and post-Soviet (1996) periods. As a result, it is concluded that the process of acquiring the current level of the institution under consideration was gradual and cumulative, marking progress and continuity in the field of Russian criminal law in General.
36-40 708
Abstract
The article is devoted to the problematic issues of normative regulation of criminal and administrative responsibility in the field of medical activity. The author focuses on the characteristics of the elements of related crimes and administrative offenses in the medical field. It is suggested that decriminalization is necessary in some cases, and criminalization of socially dangerous acts in the medical sphere in others. These ideas are linked to the goals of criminal legislation and the goals of legislation on administrative offences, and, most importantly-to protect the health of citizens. Attention is drawn to the ambiguity of approaches to the construction of generic objects of crimes and administrative offenses in the field of medical activity.
41-46 202
Abstract
In articleanalyze the articles of the criminal law of Russia containing the instruction on administrative prejudice and depending on a condition of approach of criminal liability they are classified on three groups. On the example of the simulated situations it is proved that the formulation with the instruction for a so-called administrative punishment is less preferable as contradicts the principle of equality of citizens before the Law. In this regard it is offered to use in all prejudicial articles of the Criminal Code of the Russian Federation a verbal design «involvement of the person for commission of similar acts to administrative responsibility».
47-54 116
Abstract
The article is devoted to the criminal law analysis of the main elements of the crime provided for by article 279 of the Criminal Code of the Russian Federation, which are considered to be debatable. The article specifies the contradiction between the essence of the criminal law prohibition stipulated in article 279 of the Criminal Code of the Russian Federation and the title of Chapter 29 of the Criminal Code of the Russian Federation. The article proves that the object of mutiny should be recognized as the constitutional system and territorial integrity of the Russian Federation, while mutiny as a crime should have a number of objective and subjective characteristics, namely: a significant group of individuals; the Commission of violent acts; the presence of weapons; refusal to comply with the requirements of the authorities, and the objective specified in the law is a subjective attribute. The purpose of changing the constitutional system involves the transformation of the system of social, economic and political-legal relations established and protected by the Constitution of the Russian Federation and other constitutional and legal acts of the state. The purpose of violation of territorial integrity covers either violation of sovereignty (in particular, ensuring the integrity of the Russian Federation and the inviolability of its territory), or the Federal structure of the Russian Federation. The article offers a new interpretation of the composition of the crime.
55-62 111
Abstract
Domestic violence is an urgent problem of modern states, the solution of which leads to the adoption of various measures of a social, managerial and legal nature. European states, the USA, Canada, and some neighboring countries such as Georgia, Kazakhstan, and Kyrgyzstan have already passed laws on the prevention of domestic violence. In Russia, the legal regulation of relations arising in the field of family and household prevention is absent. The norms and institutions that regulate certain aspects of the prevention of domestic violence are found in legislation relating to various branches of law. At the present stage, the process of constructing the basic principles and provisions is underway, active work is underway to create a separate regulatory legal act. The scientific community is aware of two bills - the State Duma of the Russian Federation No. 1183390-6 of 2016 and the Federation Council of 2019, which can be found on the relevant sites. The study of these bills allows us to identify the problems of lawmaking and formulate a number of comments on the conceptual framework, on the proposed grounds for the application of individual preventive measures, some forms of preventive impact.
63-67 185
Abstract
The article carried out a historical excursion of the emergence and formation of the institution of conditional conviction. It has been established that the first sources of Soviet criminal law only mentioned conditional conviction. The procedure for its application and the time frame of the legislator were not determined. For the first time in Russian legislation, the peculiarities of the appointment of a suspended sentence were revealed in the Guidelines on Criminal Law of R.S.F.S.R. 1919. However, despite this, in the science of criminal law, the need to apply the above-mentioned institution was still perceived for some period. In this connection, the author analysed various doctrinal provisions taking into account the understanding of the legislative regulation of the institution of conditional conviction of the Guidelines on Criminal Law of R.S.F.S.R. 1919 and the practice of their application. In addition, a comparative legal analysis of the said source and content of articles 73 and 74 of the Criminal Code of the Russian Federation was carried out in terms of continuity and prospects for optimization of modern criminal legislation. It was concluded that it is preferable to legislate the definition of suspended conviction in article 73 of the Criminal Code of the Russian Federation.
68-72 220
Abstract
The article is devoted to the fundamental category of criminal law - public danger. The connection between the legislative approach to understanding public danger and the political course of the state, as well as the school of law that dominates in a certain period of time, are revealed. It has been established that the public danger during the formation of the Soviet state was more regulated by law than in the Criminal Code of the Russian Federation 1996. The governing principles of the criminal law of the RSFSR of 1919 disclosed the content of this category both in relation to the act and the person who committed the crime. The ideologically determined goal - the struggle against class enemies - predetermined the legislative vision of social danger to a greater extent precisely in relation to the personality of the criminal. In turn, the current criminal law is focused on socially dangerous acts, but does not disclose the qualitative and quantitative characteristics of this category. Such an interpretation is given by the Plenum of the Supreme Court of the Russian Federation, however, an analysis of its generalizations of judicial practice allows us to conclude that there is excessive humanism towards criminals.
73-77 129
Abstract
The article analyses the medical and precautionary measures provided for in the 1919 Guidelines on Criminal Law, which are based on other criminal and legal measures regulated in the current criminal legislation of the Russian Federation. The author traces the evolution of the said criminal law institute in the most important sources of domestic criminal law - Guiding principles, Criminal Codes of the RSFSR 1922, 1926, 1960, Criminal Code of the Russian Federation 1996. The article shows, how the system of rules governing compulsory medical and educational measures is gradually being expanded and improved, the confiscation of property is transformed - from the type of punishment in the Guiding Principles and Soviet Codes 1922, 1926 and 1960 to another measure of criminal law in the Criminal Code of the Russian Federation 1996, the number of such cases (in particular, through a court fine in the applicable criminal law).Concluding the examination, the author concludes that the curative and precautionary measures referred to in the 1919 Guidelines formed an abris of the institution of other measures of a criminal law nature, now provided for in the 1996 Criminal Code.
78-82 212
Abstract
The article addressed the characteristics defining the nature of touch in modern Russian criminal law. Dana is the legal haracteristics of touching a crime, the criteria for breaking up touching a crime and complicity in a crime have been studied. It has been established that the starting point for understanding the touch of the crime is the statement that the touch is an act derived from the main (predicate) crime secondary to it. Two node aspects determine the social and legal essence of touching a crime. First, touch is always subordinate to the main crime derived from it, which manifests itself in genetic, pound-national and qualification dependence. Secondly, touching a crime, unlike complicity and other forms of joint cause of harm, constituted an independent act.

АДМИНИСТРАТИВНОЕ ПРАВО; АДМИНИСТРАТИВНЫЙ ПРОЦЕСС

83-90 137
Abstract
The article considers the Institute of protection zones of cultural heritage objects, the reasons that prompted the legislator to introduce it, a comparative analysis of the Institute in question in regional and Federal legislation, problems arising in law enforcement and possible ways to resolve them.

ГРАЖДАНСКИЙ ПРОЦЕСС; АРБИТРАЖНЫЙ ПРОЦЕСС

91-95 90
Abstract
The article provides an analysis of the current state of civil proceedings with a focus on the reform of the judicial system of Russia, which began in 2018 and is associated with the creation of cassation and appeal courts of general jurisdiction. The created system of courts of general jurisdiction was evaluated by the author through the principle of accessibility of civil proceedings, which was recognized as key in the process of further improving the structure of courts. Legislative consolidation of the availability of civil proceedings in the system of existing principles is proposed, as well as a number of other innovations in civil procedural legislation.


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ISSN 2078-5836 (Print)
ISSN 2782-5841 (Online)