Zhurnal grazhdanskogo i ugolovnogo prava

3-15

Authors: Aleksandr A. Cherkasov

The paper examines the history of political repression on the territory of the village of Keret in the Loukhsky district of the Karelo-Finnish SSR. The attention is paid to the evolution of criminal prosecution of residents and natives of the village in 1937−1938. As materials, the author used a database on victims of political repression in the USSR, which is called the “Open List” (ru.openlist.wiki). The database contains information about 1.4 million persons repressed for political reasons in the period 1917−1991, including 50 persons who were born or lived in the village of Keret. In addition, the documents of the National Archive of the Republic of Karelia (Petrozavodsk, Russian Federation) were involved in the study. The author concludes that the repression can be divided into two chronological stages: July 26 – November 3, 1937 and November 4, 1937 – October 5, 1938. The first stage was characterized by a period of episodic repression and was accompanied by a sufficiently large number of non-lethal sentences for convicts. Russian Russians, Karelians and Latvians were shot in total at that time, and 8 people (6 Russians, Karelians and Ukrainians) were sentenced to 10 years of camps. At the second stage, the flywheel of repression reaches its maximum. The cases are fabricated according to the national principle and are of a mass nature. The measure of restraint, as a rule, during this period is execution. Three national cases were being developed simultaneously: the Karelian Case (November 4, 1937 – October 2, 1938), the Russian Case (January 22 – October 5, 1938) and the Finnish Case (December 8, 1937 – October 3, 1938). A total of 32 people were shot at that time Russian Russians and 7 Finns (15 Karelians, 10 Russians and 7 Finns), 3 people (2 Russians and 1 Finn) were sentenced to prison terms. By attracting archival materials on the age and national composition of the population of the village of Keret for 1931 and comparing these figures, in equal proportion, applicable to the time of the Great Terror, it was found that in 1937−1938 almost all male population from among the Karelians in the age group from 18 to 54 years was repressed in Keret. The Finns were also subjected to total persecution.

23-29

Authors: Olena V. Tarasenko

Protecting personal data is one of the essential areas of development of modern jurisprudence. Personal data is closely related to a person's private life; their collection or disclosure may violate fundamental human rights. In addition, according to the Association Agreement between Ukraine and the EU, Ukraine must bring its legislation on protecting personal data closer to European standards. The status of a candidate country for joining the EU also imposes on Ukraine the obligation to get its ruling on protecting personal data closer to EU law. Many acts deal with the legal regulation of personal data protection, both at the level of the Council of Europe and in the European Union. This paper focuses mainly on the relationship between personal data protection and human rights; therefore, the main emphasis is on studying the European Court of Human Rights practice. The analysis of several ECtHR judgements (mostly from 2021−2022) made it possible to highlight several main trends: Protecting personal data remains an important area of privacy protection. In its decisions, the ECtHR seeks to establish criteria for balancing private and public interests in the context of personal data protection. The practice of the ECtHR can be used to bring Ukrainian law and practice on protecting personal data closer to European standards.

3-11

Authors: Alexey A. Maksurov

Based on the analysis of the current Russian legislation and law enforcement practice, the article discusses the issues of bringing judges to civil liability. The author constructs the elements of torts that serve as the basis for holding a judge accountable, shows the limits and restrictions associated with the implementation of such opportunities. According to the researcher, the problem here lies in the fact that a civil offense in its “classical” sense has formal and material features, but this approach is somewhat transformed in this case, since the basis here will be an official offense. This kind of legal basis of the tort allows you to take a different look at the issues of guilt. It also affects the understanding of the actions themselves to cause harm, in connection with which the author proposes to expand the provisions of paragraph 1 of Article 1070 of the Civil Code of the Russian Federation, providing as a basis for civil liability situations when a judge, without taking active actions, nevertheless, must was to commit them on the basis of the essence of the case in his proceedings (unlawfully inactive). The researcher comes to the conclusion that the personality of the commission of specific illegal actions by a specific official – a judge – does not affect the very fact of compensation for damage and its size, which allows us to talk about damage from judicial acts adopted by a panel of judges with unconditional observance of the secrecy of the deliberation room. The paper made proposals for improving the legislation on holding judges accountable. It is determined in what situations it is impossible or difficult to bring Russian judges to civil liability. The study also provides additional bases for holding judges accountable, which may be reflected in civil law.

32-39

Authors: Alexander I. Karmanchikov

The object of research in the article is the system for the creation and protection of intellectual industrial property. Attention is paid to the possibility of accelerating the process of finding optimal effective solutions, the possibilities of enhancing the creative activity of the individual and creative groups are revealed, the possibilities of increasing the effectiveness of creative activity are highlighted by taking into account the psychological characteristics of the individual, the specifics of the relationship of different types of personality in the creative group. A systematic analysis of the creation of industrial intellectual property objects reveals a low level of psychological culture of employees of enterprises. Specialists and creative teams capable of quickly identifying technical problems and finding effective solutions are becoming an increasingly popular category in the labor market. An increasingly urgent task is to create creative groups that effectively use the methods of technical creativity to accelerate the process of finding effective technical solutions to production problems. The objective results of the system analysis of the methodology of invention make it possible to more effectively use the intellectual resources of the university, region and country. Motivation for creative activity, activation of the search for effective solutions depend on the emotional state of the inventor or the creative group, emotions become faithful guides and reflection of social information into the world of consciousness, where this information is comprehended and processed. An integrated approach to the system for finding effective solutions to production problems includes, as one of the most important, a system for increasing the efficiency of "human resources".

3-10

Authors: Vladyslava M. Zavhorodnia

The article is devoted to the study of modern approaches to the legal definition of social networks, electronic media, as well as establishing the correlation between the legal concepts of "social network" and "electronic media". Author analyzes the legislation and practice of Ukrainian courts concerning the activities of social networks, identifies significant gaps in the regulatory framework, as well as critical contradictions in law enforcement practice. The experience of the USA and the EU with regard to the introduction of social networks and user pages into the legal field as specific forms of creation and distribution of information content has been studied. Measures are proposed to amend and the current legislation, taking into account effective foreign practice. The expediency of introducing the term "social media" into the legislation is argued. The nature of activities, both individual bloggers and information groups designed for a wide audience can be attributed as a social media. The status of these actors cannot be unduly regulated, however, it should be different from users for whom the creation and distribution of content is not the main goal. Separate criteria for such a distinction are highlighted, the need for the legislative establishment of identification rules, specific measures of responsibility, opportunities for refuting false information are indicated. It is also suggested to provide, in the case of voluntary state registration, the professional status of a blogger, similar to the status of a professional journalist.

3-8

Authors: Alexander A. Chugunov, Sergey V. Borisov

The article is devoted to the identification and consideration of a number of topical problems in the legislative reflection of the signs of tax crimes. The authors identify three shortcomings of the articles of the Criminal Code of the Russian Federation, providing for liability for these crimes, which significantly complicate the uniform and correct application. The first of the shortcomings identified in the legislative regulation of criminal liability for tax crimes is related to the existing legal uncertainty as to whether such criminal acts last or not; the second is related to the lack of legislative regulation of the period during which there is a failure to pay taxes, fees, insurance premiums in determining large and particularly large sizes; the third is an unreasonable legislative decision, according to which the subject of these crimes was supplemented by insurance premiums. On the basis of the study, the authors formulate proposals to improve the relevant criminal law, aimed at ensuring their uniform and correct application.

18-24

Authors: Marina Sosedova

The article is devoted to the judicial protection of the rights of children. The use of international law by the courts is an additional guarantee of respect for the rights of minors. This is especially true when resolving issues of adoption of children by the spouse of the parent (stepmother, stepfather). The purpose of this article is to discuss controversial issues arising from the consideration of this category of cases, taking into account the norms of international and domestic law. The author justifies the need for the participation of a psychologist during the adoption procedure. The legal procedure of adoption and respect for the interests of the child is the prevention of domestic violence. This article focuses on the legal issues of the judicial protection of children's rights in adoption, taking into account the international and domestic aspects of this procedure.

34-38

Authors: Pavel N. Biriukov

Estelle Fohrer-Dedeurwaerder is a renowned French lawyer, Director of the Institute for European, International and Comparative Law Studies (IRDEIC) at the University of Toulouse. The IRDEIC is known for its developments in the field of private international law (hereinafter – PIL) and foreign law. The book under review is of great importance both for scholars interested in the analysis of conflict of laws (hereinafter – CL), and for students who wish to successfully study the issues of international law (hereinafter – IL), comparative law (hereinafter referred to as CL) and PIL. The author analyzes in detail the current trends in the field of CL and PIL in various legal systems. Thus, a peer-reviewed book is a valuable contribution that will undoubtedly help students studying CL and IPL.