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Theoretical and Applied Law

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No 1 (2022)
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ARTICLES

7-44 230
Abstract

Contemporary American interest in using antitrust law to address wealth inequality is a symptom of American political dysfunction rather than a reflection of any intellectual advance regarding the sources of inequality. Indeed, both the original American progressives of a century ago, as well as Thomas Piketty, whose work sparked contemporary intellectual interest in inequality, agree that inequality’s source is scarcity, rather than monopoly, and so will persist even in perfectly competitive markets. The only real solution is taxation, not a potentially destructive campaign of breakup. There are two causes of contemporary American antimonopolism. The first is American anti-statism, which has closed off tax policy as a viable political solution to inequality, forcing scholars and activists to seek a secondor third-bestworkaroundinantitrustpolicy. Thesecondisthe Americanpress, whichisactivelypromotingantimonopolism as a way of fighting back against Google and Facebook, two companies that have badly outcompeted the press for advertising dollars in recent years. Given these idiosyncratic roots of contemporary American antimonopolism, other jurisdictions seeking to address inequality may have little to gain from following the American example, particularly if taxation remains a viable policy option for them.

45-53 218
Abstract

The article is devoted to changes in law in the process of social modernization. The historical analysis of changes in legal procedures in the process of historical formation of modern society is carried out. The factors of changes in modern legal systems and in the legal systems of the past are revealed. The article uses the methods necessary for the doctrinal analysis of changes in law, namely: formal-legal, as well as comparative-legal and concrete historical. The result of the study was the analysis and author’s conclusions about legal regulation and legal policy in a postmodern society.

54-60 392
Abstract

This paper has two aims: to compare the current trends in the development of the law and the state in Russia with the criteria of progress put forward by P. A. Sorokin and S. S. Alekseev; determine the position of the theory of law and state and identify the main trends in its development. Based on the postclassical methodological approach underlying the communicative theory of law, the author comes to the conclusion that the current trends in the development of the law and the state in Russia are far from to be characterized as progressive, according to the chosen criteria. To develop it in the direction of progress, the state needs to build a dialogue symmetric communication with society, based on the principle of mutual recognition. The theory of law and state, frozen in a positivistic approach, is proposed to be developed towards a sociological-communicative direction — the study of law and the state as complex, multidimensional phenomena, the central subject and purpose of which is a person with dignity and mutual rights and obligations.

61-67 678
Abstract

This article substantiates the need to apply such a scientific method as modeling in the legal sphere. The concept of modeling is revealed as a hypothetical construction used to build assumptions in law enforcement, as well as a post-event reflection of existing phenomena of legal reality. An analysis of the methodological principles on which legal modeling is based is presented. The author focuses on the philosophical and legal dimension of models, which makes it possible to base not only the teleological aspect of the application of models, but also the subjective-rational one. The rationale for the increment of scientific legal knowledge with the help of such a subspecies of scientific modeling as a legal reasoning is presented. Based on this study, the author substantiates the necessary relationship between theory and practice in jurisprudence, from the synergy of which modeling in law grows.

68-78 217
Abstract

This article based on the paper, presented by the author at the Conference — “Constitution of Russia yesterday, today and tomorrow” (held by 14.12.2021 in Sankt Petersburg, Russia). The main targets of this event, according to the organizers idea, was the debate on the impact of 2020 Constitutional reform on Russian Society, from the one hand, and “the outlook over the horizon”, from the other, in order to understand which options the country has for further development of its constitutional order in spite of the current conservative turnover. Taking into consideration both this questions, the author presents his answers on them in the context of international and national place of the Russian constitutionalism and logic of its internal development. That mean that the gravity center of analysis placed not in the area of its actual positioning, but in the sphere of hypothetical scenarios of its future transformation.

79-82 192
Abstract

The article discusses the features of corruption crime in places of detention. The subjects of corruption relations in the penitentiary sphere are shown. The problems of prevention and combating penitentiary corruption are presented. Based on the analysis, measures to counter corruption manifestations in correctional institutions are proposed.

83-88 512
Abstract

Globalization and the rapid development of computer and IT technologies have led to the emergence of a new type of offence — cybercrime. This concept has not yet been legislated, and there is a problem of classification of crimes committed in cyberspace. The authors offer an analysis of current state of cybercrime in Russia for the last 10 years. An overview of modern countermeasures of cybercrime in Russia and abroad is presented. Some recommendations for ensuring corporate cyber security and promising areas of research are outlined.

ESSAYS

89-104 292
Abstract

The article provides a detailed analysis of the monograph V. F. Popondopulo “Human activity: legal forms of implementation and a public organization”. The review author notes the relevance of the monograph, its integrated and comprehensive nature, allowing to deeply explore the phenomenon of human activity as the basis of law enforcement. According to the author, the concept developed by V. F. Popondopulo has a high scientific and practical value, since it lays the foundation of the theory of law that promotes the crisis of the theoretical and methodological foundations of sectoral legal sciences, primarily the science of civil law. Even though in the monograph V. F. Popondopulo present certain discussion provisions, they, according to the author, not only do not reduce the values of the study, but also stimulate an in-depth study of the problems considered in the study.

105-112 189
Abstract

The article examines the development of the law of geographical indications of the People’s Republic of China. An attempt is made to determine the relationship between the Confucian legal traditions of Ancient China and the law of geographical indications in China. A special place in the article is occupied by the assessment of innovations in the law of geographical indications of the PRC during the 14th Five-Year Plan, the role of multilateral and bilateral practices of international legal protection of geographical indications.

113-117 227
Abstract

The practice of liberation from criminal responsibility with the appointment of a judicial fine by the courts of the Primorsky region is generalized. The reasons for the application or refusal to apply a criminal-law arrangements in the form of a judicial fine are considered. The analysis correlates with the general Russian trend and can be used to assess the applicability of this legal norm when making decisions in criminal cases.

REVIEWS

118-127 270
Abstract

This review contains the abstracts of the speeches of the participants of the III International Scientific and Practical Conference on Public Administration and Social Development “Gorchakov’s Readings 2021”, organized by the North-Western Institute of Management of the RANEPA, whose speeches were devoted to the problems of legal regulation that arise in the context of digitalization, the use of artificial intelligence, intensive implementation by the state of technologies in the sphere of public and private relations.



ISSN 3034-2813 (Online)