international Academy of public progressing

EXPERT COUNCIL

On social safety and social progressing

( At Committee on safety Госдумы ФС Russian Federation)

PUBLIC ADVICE

At the Minister of Internal businesses

 

  Б.А.МИНИН

It is time again to salvage Russia

THE REVERSIONARY RIGHT

And

SOCIAL SAFETY

Activity on essential activating in country of a system of social safety recently was suddenly moved off the dead centre. It is a complex(integrated) subject. But in the basis(fundamentals) her(it) the reorientation of our legislation from casuistic, Roman Law, on natural, natural, — Reflexive, with substitution “ of the legal responsibility ” on the responsibility only social, on an extent of the marked economical and social damage without dependence lays from, whether the permission or prohibition of this or that particular act in the statutory acts whether or not is stipulated. And on the contrary: the absence of any responsibility (responsibility is established(set) to suffer punishment) for want of the expressed damage (actual and - or potential). The almost universal substitution of all set of existing kinds(views) of punishment, including an imprisonment, on the unique form(shape) is simultaneously supposed: on full material indemnification(compensation) of all marked damage: Economical, physical, ecological, moral...

The brochure actuates study of an entity of a problem, presentation of the practical approaches to a rating of damage and effect, algorithm of implementation of a designed system and outcomes of analysis of anticipated consequences from implementation of the reversionary Right in exchange or in bridge existing with allowance for of suspected variations envisioned by the draft federal law “ About social safety and social progressing ”.

The brochure is intended for the specialists in an orb of the right, teachers, students, and also for the mass reader who is were interested in the matters of law and social policy.

( Machine translation. The text is fulfilled).
 

Recently work on essential activation in the country of system of social safety suddenly has moved from a dead point. It is a complex theme. But in a basis it the reorientation of our legislation from casuistic, pettifoggers, Roman law, on natural, — Returnable, with replacement “ of the legal responsibility ” by the only social responsibility, on a degree of the put economic and social damage without dependence lays from, whether the sanction or interdiction is stipulated on that or other action in the normative acts or not. And on the contrary, the absence of any responsibility is established at absence of the expressed damage (actual and - or potential). Almost universal replacement of all set of existing kinds of punishment, including the conclusion in prison, on the unique form simultaneously is supposed: on complete monetary indemnification of all put damage: economic, physical, ecological, moral.. .. The brochure includes research of an essence of the problem, statement of the practical approaches to an estimation of damage and effect, algorithm of introduction of the developed system and results of the analysis of expected consequences from realization of the Returnable law in exchange or parallel existing in view of prospective changes provided by the project of the federal law “ About social safety and social development ”.

The brochure intends for the experts in sphere of law, teachers, students, and also for the mass reader interested by questions of the law and social policy.

( Machine Translation. The text is fulfilled).

The introductory article is prepared by doctor of juridical science, professor ___

The writer — МИНИН Борис Алексеевич,

The chief of Federal Center of certification, ЦНИИбыт, president of International Academy of public progressing, chief of expert Council on social safety and social progressing (Госдума ФС Russian Federation), candidate of engineering science, doctor of economical sciences, academician of International Academy of informatization

In opening-up of separate sections and active discussion of the used here materials participated: the members of expert Council on social safety and social progressing at Committee on safety (Госдума Russian Federation), members of Public Advice at the Minister of Internal businesses, other specialists of scientific entitiess and Госдумы (deputies and quoters of the Vehicle), employees of the Supreme Court and Минюста of Russia, in particular(personally):
АКСЁНОВ Игорь Александрович, АХЛЫНОВ Юрий Владимирович, БЕЗНОСЮК Евгений Витальевич, БУРДУКОВ Павел Тимофеевич, ГАГАРИН Александр Григорьевич, ДЕМИДОВ Владимир Венедиктович, ДЕНИСОВ Анатолий Константинович, ДМИТРИЕВ Евгений Сергеевич, ИЛЮХИН Виктор Иванович,   КОРНЕВ Аркадий Владимирович, ОСИПОВ Юрий Сергеевич, СИДОРОВ Nickolai Исаевич, СЦЕПИНСКИЙ Юрий Евгеньевич, ТЕРЕХОВ Александр Георгиевич, КАЮМОВ Рафик Каюмович, ТИХОНОВ Ростислав Михайлович, ШАПКИН Michael Андрианович, КОЛБАСОВ Олег Степанович.
Минин Б.А., 1998 Sets and proof — Г.А. Дудко and Д.Л. Клюев
 

Social safety — material, physical, ecological, morally - moral... Directly is connected to a state of the right, operational in company.

Principles of jurisprudence, gated in more than two and a half of thousand years back and existing in civilized countries by the way doctrines of the Roman Law, last decade have begun to give essential malfunctions expressed in an improbable protraction of legal proceedings, in huge number of the error solutions, in repeated multiplying of the statutory acts, each of which closes down by itself(himself) only small slot and still disastrously which is not were in time(catching up) for быстроменяющейся by life...

The growth(increase) of number of the scientific proposals on updating(adjusting) and even of practical attempts of correction общественно of the ineffective right speaks about an ineffectiveness of the concept of the Roman Law and about necessity of its(her) substitution — best as a whole and at once.

It basically is possible, if there is an eligible new gantry. It is possible to approve, that now she already exists. This gantry — the reversionary Right declaring substitution of casuistry of the present, dominant normative - legal concept on a simple and understandable principle, operational in the nature and in company always and everywhere: “ the operating is equal to counteraction(reaction) ”, or “ it is necessary to pay for all ”. About all it also there will be a speech in the given brochure.

But... To all of us is well-known, in what result any radical modifications such as “ as a whole and at once ”, never mind, revolutionary or counter-revolutionary. Therefore we envision a gradation on new rails, installment, пофрагментарная implementation of the reversionary Right and creation on his(its) basis(fundamentals) of a stable system of social safety (ССБ).

The studies have shown: for implementation возмездного (reflexive) principle is already much in the current legislation, is very much made complementary: there is a concept of damage (including, let is less precise definite, — social), there is a requirement of his(its) indemnification, there are any rules that, as well as that is necessary to value and whom to reimburse. That is there are parts of the gear, is precise not joint together. And this illegibility, on our view, today notably limits social safety. And still fact: the gentle transition to the new basis(fundamentals) of legal proceedings and in general нормоприменения can be carried out already now, within the framework of the current legislation — let fragmentary, under the separate chapters both articles of the laws and codes. As it appears, they can quite satisfactorily provide conditions for transition to a new level of the legal conscience and on a new enough high level of legal proceedings.

However eventually all the same it is most expedient to issue all demanded norms(standards) of the reversionary Right together, by the way of unified federal act. And such law to be prepared.

It is supposed, that in maiden some years the ambassador of a beginning of the introducing of a system ССБ for drop of psychological barriers of perception of the new order for a particular case the selection of the former or new mode of legal proceedings is done(made) by(with) the infringer (accused). Besides the capability is envisioned for those who now leaves terms of the concluding stayed term to translate in the applicable reflexive fraction. The return can be made once only or by deductions from earned facilitiess on forced hard labour, but with allowance for of natural growth(increase) recoverable the sums because of inflation and discounting.

So, already now transition of practice to the reversionary Right is quite real — let not on 100, and (by miscellaneous ratings) on 80... 90 % from all businesses, excited in country, but nevertheless...

The speech here goes not only about modification of the court system — though for army in one hundred thousand lawyers, held by it, and it much. And not about saving of the costs on legal proceedings, they and so are less than any reasonable minimum. The speech goes about environmental sanitation of all this system, about a clearing of all procedure of guards of the order, about drop, let is partial, number of the persons, is forced sitting out terms in places of confinement, in a significant(sizeable) part not introducing any real threat for company. It is our citizens, it is a part of our people.

Still it — waiting of a new aura new mentality of the person Third тысячелетия. It is our hope for the best future.
 
 

Opening speech С.В. ____

Concept “ the social safety ” slowly, but steadily punches to itself a right to live and on comprehension in company.

In the scientific legal literature, in political practice it began to be reshaped from the extremity of the ninetieth years. Already then this concept contained in itself the whole complex of the factors defining, except for the economical and political moments, all direct habitat of the person — biological, physical, psychological, material and eventually — a significant(sizeable) part that contains in itself capacious concept of a quality of life. And everything, that reduces(descends) a quality of life, that damages to the particular person, community of the people, as a whole to company, it is necessary to refer to the factors of social safety.

Without dependence from reasons or occasions of damaging (random or going, because of troubles of human mentality or material status...) outcome all it are:

1. Extremely low standard, steadied for us, of life — not only and not so much economical, but major psychological: a home primitiveness, psychological покорность, social apathy, tolerance(insensitivity) and as a consequent absence of social activity, moreover, feel of full feebleness. And on the other hand — blind chaotic yaw: meetings, protests, “ looking ups of witches ” — national, social, state... As natural outcome public безреактивности and blindness to беспределу of criminal patterns. In the sum it also creates low social safety of our life and as a consequent —

2. Strengthening in company of feeling of desperate vulnerability, hopelessness, hopelessness, ненужности, and from here — алкоголизм, drug addiction, maintenance(drift) in потусторонние concerns, i.e. psychological flight from an actuality, and even....

3. The flight physical (abroad) is most thin organized, sensing, so also of productive members of our company. It also is brain drain. Brains, the company stays which one in developmental, progressing.

4. Progressing revolutionary, explosive — by forces прогрессистов: for whatever reasons stayed, not emigrating, or young, only appearing, still непуганых, but and not reached(achieved) wisdom and consequently avid for any momentary rouble success.

In general, the genesis of revolutions — large and small, social and even technological — requires(demands) separate words.

The necessity of detonating, discontinuing of a developmental course of world development occurs or from a random high-performance creative find, technical or social invention of a highest level effectively bridging a significant(sizeable) scale of production (technical, social...), or — more often it happens in a social-political orb — from too durable upbuilding of problems, inconsistencies, conflictings which are not solved forces and facilitiess of the working model of progressing.

These problems, inconsistency, the conflictings excite most soberly thinking or is simple of the ambitious members of company. The opposition is reshaped.

If “party in power” does not guess to place(install) sensing enough gears of self-progressing, constant self-canceling of the naturally originating conflictings, of problems and inconsistencies (and in ecstasy by an authority and gushed economic cares she simply overlooks(forgets) about them), the forces of opposition grow, are integrated and eventually by those or diverse revolutionary, as a rule, not painless for all by facilitiess win. But further of former oppositionists, on a surge of ecstasy by victory overlooking(forgetting) to place(install) the necessary gears of self-progressing, waits same участь.

By the way, so-called freedom of speech here not on account of. The figurative articles in a press, and even in “yellow”, скетчи, presented to us from a platform, — it, alas, only steam outlet and развлекательность. They nothing change essentially(in essence). Someone from them correctly has noted: while I shall not call particularly Иванова, each Иванов will think about the neighbour Пертова. The public defect and remains by defect, those or diverse economical gears will not be entered yet. Not without reason these скетчи like both heads and simple people: it is to each an occasion to show on other and is simple much нахохотаться. Journalism, press... — they too live on the fried facts. Добротные press factfindings now scarcity. And discussions конструкта, positive proposals at all in traditions presses — any, ours including. The people, reader will not orient with them by creative thinking, in a nem the design forces which are capable to streamline an actuality are not excited to win natural inertness, development of conservatism — and on a “simple” workstation, and for the higher heads, and at control of a village, city etc.

Is received, that all revolutions, all political battles are done(made) only radium satisfaction of ambitions of revolutionaries. And the company bore and bears huge social losses: about a nem simply overlook(forget). At all political formations was and there is as a whole social feebleness each, who is far from power structures, — before a bureaucrat, recidivist, hooligan, хапугой... This sacred feebleness зиждется on centuries-old expertise, speaks which one: be you hundred times of the rights, and he hundred times is guilty, all depends on your force, case and везения. Court, if the business will reach him(it), — a thing such slow and subjective, that in a nem of the truth to search is useless, the judge at any раскладе by anything for anything does not respond. And even at a rule(situation,position) most favorable for innocent come back from the deserved link guilty can with interest pay back to him for the defection then.

Output(exit) only one: to appear among an authority propertying: yesterday at a party apex, today — at money. From here this multiplicity of crews, this sequential queue on a seat of the President... The rule(situation,position) today Is those.

The law enforcement bodies enlist activity only then, when the clutters evolve on streets. We tender to charge them with one more, not less hard work(tough job): preventive maintenance of bases(fundamentals) of originating of clutters to rally around of itself forces which are capable to feel and to react on everything, even on most it would seem the minor facts destabilizing company, creating on to finess, but тысячекратно tension of public attitudes(relations).

There are all basis to guess what to undertake rational upgrading of the fundamentals of legislation expediently from the introducing of a number(series) of effective legal facilitiess, founded, in частости, on principles of so-called “Reversionary right”. Due to universal substitution of casuistry and slowness of the existing legislation on a simple and clear rule “ for all it will be necessary to pay ” they to promote not so much eradication of the undesirable people from company (imprisonment them for a grating), how much, major, — to their re-education. Naturally, only there, where it is possible without damage to company, where in general there is a hope.

The definite opposition of company to a law-enforcement system should step-by-step leave, leave naturally and steadily, for for us the purposes were, is and should remain hereafter only общественно-oriented.

The value of law-enforcement bodies far has quitted for limits of only police functions. We still render to government considerable aid, at all events, only expert, in problems to an economic policy, in problems криминализации of economy. We give the constant guidelines concerning updating(adjusting) legislative base, in particular(personally) concerning the Code of Criminal Procedure. He is really incredible переусложнен. There is a proposal all this to simplify, to conduct all concluded through “triple”. There can be, it and reasonable solution. But it is necessary to think and further. And in this sense we extremely are imposed by(with) the reversionary Right, which one was by a subject of the given publication.
 
 

Social safety: for a long time and today

If to eliminate all proprietary and transient features of progressing of human community (national, climatic, geographic...), for our civilization it is possible to call only units of the factors, communal for all or nearly so for all countries and peoples as a whole defining social progress and consequently requiring special attention from the point of view of their performance, requiring the special of attention. Among these factors, perhaps, maiden it is necessary to call a system of supply of the law order as the basis(fundamentals) of social safety.

To the present time, with formation at Committee on safety Госдумы of expert Council on social safety and social progressing, it is possible to consider(count) a circle of phenomena and problems encompassed(spanned) by concept “ social safety ”,, was issued in an enough full measure. To them concern:

1. Detection of a capability of occurrence(appearance) and analysis of social damage, incidentally or designedly plotted to company by the separate citizens, state patterns, entitiess, citizens one another, and also development of the proposals for his(its) preventing.

Taken into account социоактивные the factors:

• Material, psychological, temporary and diverse overloads of the person, company;
• Impurity by chemical agents of air, potable water opened basins and soil;
• Effect of the physical factors: radio waves, radioactive contamination, noise, dust etc.;
• Social tension (for example, because of переуплотненности and multinationality of settlement, криминогенной of conditions(situation), off-standard activity of power systems, orb of servicing, state of a municipal infrastructure etc.);
• Negative informational - psychological effects;
• Any factors negatively affecting health of the person.

2. Detection and analysis of latent defects in already laws in force, rule of laws, in social gears and social attitudes(relations) and creation of the reasons for depressing the factors and phenomena calling(causing):

• Misinformation, оболванивание, forfeiting of the people of the right to decide the destiny in a measure of the capacities and, on the contrary,
• Own licentiousness of the people,
• Social instability, tension and social failures(stalls) in company,
• Spiritual, social and biological degradation of the person,
• Education of youth and as a whole companies in antisocial spirit,
• The skip общественно-useful and distribution(propagation) (duplicating) of novelties, harmful to company, projects, entitiess...
• Termination общественно of useful activity and conservation общественно harmful;
• Distribution(propagation) of antisocial philosophy, which one in the long term can plot to company material, economical, social, moral and diverse damage.

4. Perfecting methods of quantitative and qualitative definition of social effect and social damage for usage in legislative activity (is see higher than item п.1, 2).

5. Development of the bills and opening-up of the different guidelines for implementation and usage of steady economical and social gears of drop of damage from wrongful acts overlooked effect and non-optimum нормотворчества, including by full unconditional indemnification(compensation) by the particular parties in fault of damage, plotted by them.

6. Definition of paths of supply застрахованности of company from is brave in global aspect (from threat of wars, natural disasters, terrorism and criminality), protection from social and professional risks.

All these factors and problems — are not invented, all of them — parameters(indexes) of multiplicity of wounds, which one we plot one another, i.e. to ourselves, everywhere and permanently, as отъявленные мазохисты, as the blind self-murderers streaming to an edge(boundarouse) пропасти and at it drawing to her all remaining. Probably, in it all essence of our, today's civilization orientating mankind without delay on quantitative growth(increase), than on qualitative progressing.

There are many reasons, subjective and objective, why the mankind in time has failed (has not wanted) to work out effective neutralizing gears, feedbacks to shift progress from quantitative, is clean технократического, in the side "of a «qualitative" path of development. One is clear: in it are guilty also current legislation, and in general all that of us, which one are capable to think scaled, but have not wanted or could not rebel against a rising entropy. In a maximum extent it concerns all social orb as essential, if not is unique of the relevant final stage of activity of any branch. Production now as a rule (as a bad rule) is held by own concerns. Concerns of a customer, company — it for him(it) as a certain nuisances, enforced, almost that отчужденный the object of spurious attention. That negative, that we is made: зловонные waste, very much often зловредные subjects of production and behavior — all this, where it is possible to bypass, manages, where someone from the side notes — is noted... Therefore, the problem should stand about necessity of noticeable reorientation of a social production for the direction, necessary for the person.

Made above disclaimer (“ for the person ”) not случайна: severe activities, practical or idealized, directed(directional) on conservation mountain хребтов of a Sirius, even of a landscape absolutely @ close to us of a planet Mars till now are obscure. Everything, that is done(made) by(with) the people, caring about conservation of the mountain rivers of Transcaucasia or micro-organisms in a soil stratum Подмосковья, is consecrated by care of them, i.e. about health of the people or their well-being. When in the literature the effect or damage экономико-ecological will be used concepts and the more so social - ecological consequences from those or diverse effects on the nature — natural or техногенных — for the person, as a rule, mean.

If the preventing of natural effects and the more so usage them in the directions, necessary for us, while is problematic, has appeared, that the person not could is quite conscientious to approach to control by those by forces, which one he has staged for destruction, distorting, impurity of the nature — both exterior in relation to it(him) of an environment, and own internal microcosmos of the person at a feed(meal,power) by the distorted nutrition, — i.e. distorting of all our nature. And it in mass is not blamed and is not oppressed. For it is not forbidden by the law, for so is encoded in us: it is impossible only that by the law it is forbidden.

The solution of problems of social safety and problem, directly connected to them, on a quality of life largely correlates with the legislative solution of problems of proficiency, rating of damage from offences, less often, — of effect from achievements directed on public progressing, and also problems of assigning of the applicable sanctions and incentives.

The urgency of a problem of proficiency, rating and awarding punishment, that is significant(sizeable) part of functions of legal proceedings, is determined усугубляющимся by backlog(lag) from life of the communal doctrine of the Roman Law now adopted in many countries as the fundamentals of legislation.

It is considered, that the principles of our legal system close correspond(meet) to principles of "Roman LAw" steadied more of two thousand of years back. The adding up system of the rules of law, founded on these principles, actuates huge, precisely not taken into account(discounted) quantity of the rules of law, acts, laws, since the Corpus Юстиниана (533) - already then his(its) volume compounded about 120 printed sheets. Such volume of the legal acts bodily is conditioned by the essence of the given system ("Roman Law").

According to principles of "Roman LAw", the legal proceedings actuates following in bridge and sequentially conducted procedures: персонификация of particular act - installation of the person of the offender, criminal; identifying of an offence by confrontation (up to the character) with a particular rule of law and through it(her) - fixing a sentence.

The Roman Law in due course, in epoch of the extremely sluggish progressing of company, probably, has played a quite palpable positive role in his(its) stabilizing, in drop of antisocial misconducts. The ex-plication, demanded according to this right, of crimes certainly has simplified their proficiency and selection of the applicable reacting of company by the way punishment of the infringer, criminal.

That is the Roman Law definite time after whom, as has arisen, corresponded(met) to those sluggish rates of growth of company, which one were representative of the majority of countries down to a beginning of our century. From now on beginning to be exhibited a significant amount of lacks, the continuum growth(increase) speaks which one with an evidence that they will not manage to be neutralized neither polishing, nor repair of separate members of an adding up system.

MAJOR OF THESE LACKS is conditioned by the main(basic) principle used "Roman Law", — by necessity of installation of exact concurrence(coincidence) of algorithm of the specification statement of an offence with this or that rule of law, i.e. necessity of a normative - legal rating and definition of the legal responsibility. From here huge volume of the statutory acts, rules from here essential overstressing of channels of the legal information, overload of the workers of law enforcement bodies, protraction of legal proceedings for months and even years, from here at the same time — severe crunching in жерновах practically not guilty before the company which has not plotted what of significant social harm, and in a number(series) of cases - ненаказуемость obviously guilty because of absence of indispensable legislative base — т. е. As a whole ineffectiveness of legal proceedings.

Outcome of legal proceedings on status quo is the fixing a sentence. Often by deprivation of liberty. As far as it is known, the places of confinement — are the present school of crimes and field of humiliating existence superimposing an infamous indelible spot on all life. Besides the concentration of a уголовно-criminal member of a miscellaneous extent криминальности creates the real reasons for “exchange” of criminal expertise and for recess of feeling deserved озлобленности to all company. That deprivation of liberty and the enduring the punishment for the majority of the people is offensive, it restrains the rights and freedom of the person, degrades the person and, as a rule, does not reach the ultimate goals: corrections, re-education and preventive maintenance of unlawful conduct. Besides at — a paradox! — It practically damage lossed never is indemnified and is accomplished never return multiply бо " льшие (and consequently,you see, at all not justified) costs to legal proceedings. All of them is direct ложатся on shoulders(arms) of the tax bearers, enforced безропотно to pay casuistry and unreasonableness of justice in present, for a long time to resisted form(shape) as though imposed to us by the God.

It is not necessary to overlook(forget) and that stipulated fact, that the legislators, held by casuistry, and initiators of the laws, lawyers are actually eliminated from the active process of prevention of crime and could there return in case of essential simplification of legal proceedings.

It is possible, certainly to speak about necessity of perfecting of legal proceedings within the framework of the existing concept: about increase of number of the lawyers, about perfecting methods of their activity, about meliorating of a household activities and customs concluded... However it is possible and, on our view, — it is necessary to raise the question about shift of the concept.

Thus there is a sense to recollect the bases(fundamentals) of the theory of regulation and theory of systems. So: both these theories assert(approve), that successful operation of any system, social about volume number, needs coverage by its(her) positive and negative feedbacks — steep enough and fast-response. I shall note: the maiden steam locomotive has appeared just because on a nem the stabilizing feedback was established, differently boiler or hardly would work, or would overspeed. Any radio receiver today has an automatic gain control — self-adjustment of beefing-up. It is a representative feedback. The TV has them set... In a human body of their thousand. Therefore it is possible to check, that the person was created by(with) the God.

And the company was created by(with) we, people. And though we construct it(him) already tens thousand years, and attempts there was a set, up to perfection(efficiency) even more than far. But each of them, even by something unsuccessful, — nevertheless approximates us to there is nobody an ideal, to execute(come true) which one in incredibly diverse human community, naturally, much more difficultly, than in engineering. Speak, the candidate thesises are better, than doctoral, as maiden do(make) the doctors, and second — the candidates. But only so the candidates grow in the present doctors. The people can and should become social essences, and not just essences biological. And especially технократическими.

The concept of the bill “ About social safety and social progressing ”, which one is now prepared in walls Госдумы, is based on the ancient laws кармы, on the laws of a human hostel establishing(setting) a simple principle: the requirement of indemnification of full damage of any kind (certainly, as well as воздаяния for any effect — but is a problem for separate pages).

What inconsistencies and problems of legislative practice of today?

At first — methodical неразработанность, to be exact, absence of the working, extreme simple method of applications of a rating of damage, including moral. While the legislation causes(urges) to use of the practical workers awful under the form(shape), oak frameworks (type: from... And up to... Of the minimum salaries or, that is even more ridiculous, — of roubles), is pure or nearly so at all not fastened with real damage, harm marked lossed, company — frequently in tens, hundred and even thousand time not conterminous with them. About any “indemnification” here speech even also does not go. So, formally for покус a dog from its(her) host it is possible to sue thirty roubles, though losses on treatment with allowance for of moral damage in hundreds, if not in thousand times more.

HELP. “Population” of dogs (hundred millions особей), поддавшихся очеловечиванию about 15 thousand years back, lives among the people only thanking покорности and infantility, as a matter of fact remaining always by wolves — so the writer of the article in the newspaper “ asserts(approves) can not be ” Валерий Дубинский. In total from покусов of dogs annually in a pattern the person dies 33 thousand and 5-6-ти to millions the person after stings the vaccinations are done(made). The calculation demonstrates, that from it material and moral damage — about 6 млрд. Roubles annually, in calculation on one “average” dog — about 20 american dollars annually. But it disregarding those покусов, with which one in court the nyxes do not access also are not done(made), it disregarding of moral damage from “simple” attack, облаивания etc. It is obvious, the real damage should be doubled or even to treble.

Secondly, in many cases the mandatory requirement персонификации of the object of damaging, mandatory personal application with the requirement about remedial acts. There are huge handicappings to excite and to win business, if the speech goes about damage to an acritical circle of persons — for example, about ecological damage to the whole city.

Thirdly — the requirement of an expressiveness, материальности of a development of effect. For example, clothes, torn by the criminal, ulcers on body from reset(drop) of toxicants etc. Impairment of health, biotic тонуса, is simple negative emotions — not on account of.

In fourth: in any case there is a requirement of a heightened level of effect — more than ПДК, ПДУ... If the dog behind a wall for the neighbours will be выть hours, and noise will be lower ПДУ, in court it is possible to not access (moral damage while that is determined poorly).

In fifth — the mandatory requirement персонификации of the subject of damaging and accordingly of subject of the responsibility. If the damage in one million has plotted Иванов, and before it he has born all from the house, he will respond by the stayed stool. Business with the corporation just so is. Unless such status of firm does not strike us: “ limited company ”?

In sixth: necessity for the originating of the right on obtainings of indemnification(compensation) of damage of availability and precise concurrence(coincidence) of the legal rule with the fact of an offence. Lives and does not want to die obvious priority of a legal rating in comparison with social and economic. The cases are known, when the criminal kills victims by any exotic way — for example, подкладыванием of nuclear materials, and him all descends from arms. And on a turn-over.

In one of district courts of Moscow due to persistence of investigatory department РУВД the business of the mother of three children who have gone on the South to rest with children not on the permit by the cost in 20 thousand of rbl. (for it(her) of such money is carried on was simple not), and “wild” image, and on spurious help in violation(disturbance) of the operating instructions obtained partial indemnification(compensation) in 3 thousand roubles. These 3 thousand she for a long time has paid, and they have accumulated actually on its(her) fees, but as soon as problem was вскрыт, the judicial machine her(it) any more does not release.

The paradoxes and unnatural cases conditioned by an imperfection of the existing legislation, are given in the appendix 1.

Not only in Russia, but specially in Russia where imposed to us from the side edentulous religion, casuistic legislation with huge blanks, затянутость and the backlashes in legal proceedings взращивают in us безбрежную непуганность, allow at some skill to escape punishment for many antisocial misconducts, and other, on the contrary to gain undeserved punishment. Principles of inevitability and adequacy of punishment works poorly. The real gears of depressing of antisocial activity — simple, precise and backlash-free are necessary: with minimum “dead area” and effectively working.

The problem should stand about necessity of noticeable reorientation of legal proceedings and in general of legislative doctrine in the direction, necessary for the person, and substitution, speaking resisted in jurisprudence by the language, “ of the legal responsibility ” on “ the social responsibility ”. In spite of the fact that the theory of law alongside with the legal responsibility for a long time, long and extremely ненавязчиво, сверхосторожно puts a problem on extremity alongside with legal отвесностью to enter and social responsibility, the legislative practice, as well as earlier, continues absolutely, unconditionally to operate maiden, not looking on any to the logician. And it, as it appears, takes a lion's fraction in a procedure of legal proceedings, occluding бо " льшую a part of time and attention of the subjects, participating in her.

The long-term studies have shown, that already now, at once, in 80 (and it is possible and in 90) percents of cases of courts, considered in the thousand, of different businesses main, and it is possible also by alone argument at a solution of the question of finding of fact and extents of an offence owes and the social rating can play. And all.

All this is not simple огрехи, all this — the large defects, both fault, and trouble those who is invoked to struggle with criminality.

Where to go and what to do(make)

If to imagine the gear of occurrence(appearance), genesis of antisocial acts — any, subjected to a legal rating whether or not, — that, really, they almost always or as a rule have the social and economic radicals (I crave upbuildings oof, отмщения, envy...), and at all desire to outrage. And at the same time outcome of operating of this gear too are the consequences social and economic: deposition damaged of damage.

On our view, acutely it is required to execute(come true) radical shear, and can be, hereinafter, and total failure from a legal rating for the benefit of social. This phase, social, is main(basic) on maiden and last stages of damaging, his(its) source, desire to originating for the infringer and drama or even by a tragical development for lossed. For this purpose it is quite enough competently to enter concept of damage (for the person, company), given crime, being a consequent, in general violations(disturbance), and to show it(him) as compulsory condition for commencing a suit and for his(its) completion, and without the solution on punishment by the way of usual measure — of deprivation of liberty (except for cases perils of the offender to company), only having shown the infringer the score on a full measure.

A lot of pieces already of existing legislation, as has appeared, allows such reform to conduct to some extent full&, fully and lawfully, even without revolutionary shears in theory rights. We together with competent bodies(organs) envision realization of a serial of studies, major — of developments and proprietary, launching, implementations in законоприменительной to practice, in the legislation (as operational, so also developed, considered Госдумой), in theory and practice of definition of damage. The constructing of new rule of laws (in particular(personally), in frameworks already of federal act, adopted to development, “ About social safety and social progressing ”) is envisioned also. And major — creation of the applicable working method of applications of a rating of the marked damage — any: economical and social (physical, material, ecological, moral.. ..), and also constructing of serviceable organizational and economical gears of activating of practice of remedial. Actually it will be implementation of the maiden stages of implementation of the reversionary Right instead of Roman...

The reversionary right, as against Roman, guesses variation of the order of legal proceedings: formally at conservation it(him) practically in the invariable form(shape), with usual procedures of investigation and consequent, but in improved, detailed kind(view) learning major: who, whom and on how much is marked damage: actual either potential, forward(straight) or indirect, obvious or in the latent form(shape). And all. But with substitution of usual punishment by full mandatory money (material) indemnification(compensation) of damage lossed and all costs of legal proceedings from the side personally guilty, group guilty (till them “ to coefficients of individual share ”), partners, probably, cognates. And even of countries, if they disguise the criminals or if the speech goes about international crimes. The problem costs(stands) about unconditional and full indemnification to the citizens, in general to natural and legal persons, company of any marked damage from wrongful acts, missed profit (effect) and even from non-optimum нормотворчества.

The implementators of the concept of “reversionary rIght”, demonstrating performance of this approach, outgo from that nude fact, that variety of kinds(views) of damage and accordingly of ways of his(its) definition multiply (in hundreds, if not in thousand time) it is less also these kinds(views) easier, than real situations, conflict of duties, on which one according to the requirements of the existing legislation the charge is formulated and all subsequent procedure of legal proceedings - essentially, for months, if not for years elongating this procedure, multiply her(it) удорожая and disastrously reducing(descending) performance of punishment is under construction.

If to place(install) the responsibility only for damage, it will eliminate for refined in the prevailing law of the criminals capability easily to find and to use in the mercenary and antihumane purposes of a defect, gaps in law, will force in mass to drop major — of desire to put to somebody with what that there was a damage. In due course, through 2-3 breeds, we shall manage to bring up descendants with inherent absence such today of pleased abundant instinct, as a collective algophilia — очеловеченный, and as a matter of fact, much distorted version of natural selection(sampling), negative feedback established(set) in each biological kind(view) by results of activity of the individuals, that is on instinctively “calculated” damage for this kind(view). The ingenious role of biological feedbacks is those.

Was right is entered in due course as the ostensibly simplified resource of identifying and proficiency of specific, universal damage and, accordingly, definition of a level of retribution by the way of punishment, assigned for this damage. Now, in connection with acceleration and complicating of public life in hundreds, if not in thousand time in comparison with birthdays of the Roman Law, founded on a nem the legislation obviously is not in time(catches up) life, for is in time(catches up) to watch only form(shape), exterior of violations(disturbance). Instead of outcome antisocial противовидовой of activity.

But the vehicle, advanced per last decade, of a rating of damage allows in the majority, if not in all cases to remove an intermediate legal rating “perils” and accordingly awardings punishment, having substituted this rating on social and economic with the requirement of indemnification of the marked damage. It is no more, not less.

Reflexive principle, maiden approaches

On the maiden examples of analysis of legislative aspects of antisocial activity actuation in calculation and assertion for indemnification of all actual and potential damage — the actuation in calculation and assertion for indemnification of all actual and potential damage — actuation in calculation and assertion for, than deprivation of liberty.

Besides instead of considerable charges of places of confinement the company gains on quite lawful basises repayment of all made costs connected to particular clerical work, plus indemnification(compensation) of damage damaged — that in the existing legislation practically completely is forgotten.

Thus, the problem about gentle substitution legal is put, it is better to say, normative, beforehand set norms rating of antisocial particular acts on a rating social, on a rating of consequences, that is marked damage. Let's remark, that one of last acts — the criminal Code adopted at 13.06.96, at definition of concept of a crime (article 14) asserts(approves): is not a crime the operating (sleeping).... Not caused harms and not created threats of hurting... It would seem all is simple: if the fact of damaging is established, is commenced a suit without dependence from a legal rating and on the contrary — is not excited, if damage no or if he is voluntarily indemnified. As a rule, so it does not happen, but so should be. Between that, all power of the organs of inquiry should be directed on detection both evidences of the fact and value of the marked damage.

Naturally, except for usual functions of the evidence of fault etc. At once we shall point out: thus the necessity for a complex(difficult) procedure of a consequent is not called in question, if the speech goes about installation of the person наносителя and relationships of cause and effect наноситель — damage, i.e. about installation of fault. But fault in violation(disturbance) not rule of laws, and social order, in deposition to somebody of damage. Courts equally do not fade also, but some (noticeable) part of businesses can be withdrawn from them.

It is necessary to repeat: unconditionally, in court whether or not, but necessarily there are problems connected:

— With installation of the person наносителя of damage, including installation of relationships of cause and effect наноситель-lossing,

— With refinement of an extent of damage, value of a harm, in particular in complex(difficult) cases of the moral damage.

And only for court there are problems:

• Installations of an extent perils of the person — наносителя of damage (from the point of view of necessity to apply to it(him) facilitiess of limitation of freedom) and
• All problems on criminal cases of criminal nature.

But while this substitution completely to do(make) for several reasons it is impossible and it is impossible:

At first, partial methodical coverage by a rating of damage of all offences and all sides of his(its) development, on a today's state — it only of percents on 80-90;

Secondly, durable and not prime process of reorientation of the cumbersome vehicle of a law-enforcement system and applicable waste-handlings of an instruction material managing all practical activity of this system;

Thirdly, huge flywheel action “ of grey matter ” — the resisted inclinings of the lawyers, practical workers, as a rule, arduously, morbidly mastering any novelty.

In this case hope only that the demanded variations carry on to significant(sizeable) simplification of activities, instead of to their complicating (though it is necessary permanently to remember: if simplification — a plus for практиков, it — an acute knif for the theorists; from them we also wait for the main(basic) oppositions. And already we receive.);

In - fourth, objectively complex(difficult) process of re-education of citizens so to say of the potential infringers, which one are suddenly offered to play absolutely the friend of a field, to live by other rules, rather than there was all their life, life of their fathers, grandfathers and great-grandfathers.

Simplifies a problem that into it a field almost once only are injected all. Everyone can appear both right and guilty, both objects and subjects of damaging. And all of them will be valued on one basis under the new legislation.

... That here is set up, much can seem by a clean fantasy and vain contribution of forces and facilitiess. Even is simple on reading of these strings(lines). Alas, it is destiny of all novelties, which one are called principled. Not everything, but many from them are step-by-step implanted in our life and on how much of grades her(it) change — where more notably, than thousand small-sized. Though and with considerable launching gains and transactionses. One should bolster us: the reliance(confidence), that mankind as a unique natural phenomenon is worthy where by happier speed up, than that we have as of today.
 
 

Major nonsense

So, the existing legislation contains a lot of features, inconsistencies, which one essentially limit his(its) performance.

Major nonsense, paradox of the existing legislation, founded on principles, steadied still(even) up to a new aeon, of the Roman Law, — priority of legal effects before social. As was already mentioned before, recently there was a noticeable withdrawal from this gen (but not ingenious) principle. In concept of a crime given by the criminal Code (УК), adopted at 13.06.96 (article 14) is pronounced: “ is not by a crime the operating (sleeping)... Not caused harms and not endangering personal torts, company and state ”, i.e. consequent which one is not the damage actual and (or) potential.

It is interesting, that concerning this mismatch the co-authors of the introductory article to the publication of the criminal Code by publishing group ИНФРА the M - norm (1996г) are smashed.: “ Why new Code did not include professed by the Constitution by Russian Federation a principle: “ there is no crime without the indicating on that in the law ”!? — We shall answer: that is why, that is real it and it is not necessary! Is conscientious whether or not, but here truth has triumphed.

Between that, certainly as a whole Criminal code saves a principle, conventional for the legal literature, of a priority of a rule of law, and there is it to him, however, as well as legislation, as well as all company — that it concerned — of significant(sizeable) vain forces and facilitiess. That the battles face what to consider(count) as a crime, in general by offence; how to define(determine) categories of crimes... Now they are determined on a public development, but as it is strange — “ from the extremity ”: on that punishment, which one is assigned by court (item 10 КОАП, item 15 УК кр. Примеч.) — rather the reverse!

For example: in the article 15, the crimes of small gravity recognize particular acts, for undertaking which one maximum punishment, foreseen code, does not exceed 2 years of deprivation of liberty. Though,apparently, punishment would owe is determined on an extent perils, gravity of the offence, i.e. on actual and (or) potential damage for lossed, for company. This damage also should determine, how much for him(it) should be assigned of years of deprivation of liberty or roubles of the fine. Thus it appears, that the category has it(him) for awarding punishment (should have) any value.

Definitions “perils”, or plotted damage, УК gives extremely approximately: in the main(basic) speech goes about property damage. But a number(series) of the articles concerns social damage, in particular(personally) harms to health of the person (item 235, 236 etc.). Much later gated in Civil code (full text on 01.09.97) operates already and concept of a moral harm (item 151 and 1099-1101). He is determined, alas, it is ground of rather communal yardsticks: availability “ of physical and moral sufferings ”.

Is multiple, i.e. vaguely, indefinitely gives the today's legislation and kinds(views) of punishment: forfeiting and limitation of freedom and (or) fines (УК an item 235, 236, 237... — their tens); forced hard labour, warning, compensated taking or expropriating of a subject, administrative arrest... (КОАП, item 24); mandatory activities, which one the legislator distinguishes from forced (УК an item 214). And the fine can be calculated outgoing from sizes of earnings convicted (!?) or in terms of of minimum size of the wage (item 235, 247 УК), — and even when the speech goes about damage (item 258, 261, 263, 264, 312 УК; an item 49, 51, 60, 67... КОАП). The deductions can be done(made) by the month (item 1092 ГК) or разово (item 306 КОАП). Exception: an item 27 КОАП, at that only in that specific case: theft of state or public property. And how with personal?

Still curious piece: the number of days or hours, time, which one should be completed by(with) the infringer, should be strictly equal established by court, and in any way is not connected to listing of the sums indispensable for indemnification(compensation) of marked damage (an item 300 КОАП), i.e. as any indemnification(compensation) (indemnification) of damage here and does not smell. Let alone essential(much) miscellaneous punishment, which one envision the miscellaneous codes approximately for same (item 42 КОАП and item 236 УК).

УК (1996) as well as КОАП (1984-94 гг.) professes by the major problems a protection of rights both freedom of the person and citizen, social order and social security. However acquaintance to them creates an impression, that guards they execute without delay infringer (criminal) rather than who has lossed. Really, it radium him(it) (poor infringer) practically in all articles the established by the way capital punishments of the sum and terms have limits from above, on a maxima, — do not give the God, that he has not overpaid, not пересидел... And much less often — minimum.

УК, as well as КОАП, only occasionally recall about lossed and damage, suffered by him,(it,) (marked harm): in УК — as exception (for example, item 250, 252, 258), and in КОАП, item 261, 306 — as an optional condition. And the priority of the criminal (infringer) is maintained, even if the instrument(gun) of deposition of a harm — not the person, and animal (compare item 102 and 102 ¹ КОАП).

In general lossed it appears as though many times punished: by the infringer (criminal) and then multiply — by a system of justice. A maxima, that tenders КОАП, so this conservation for lossed (however, as well as behind the witnesses, behind the experts etc.) wage on a place of activity (item 254 КОАП). And about any remedial in these articles the speech as though too also does not go. In an item 27 КОАП is stipulated, that the damage can be and below than marked damage, down to his(its) one tenth. — And who pays stayed 9/10? Further. The repayment is done(made) in a savings bank (item 285 КОАП) for the benefit of the state (item 299, 301 and 302 КОАП). Why? On an extreme measure twice in КОАП is recalled indemnification(compensation) of property damage for the benefit of damaged (item 306, 307), but the gear of this indemnification(compensation) is not determined.

Now if the fine, he is assigned

• Irrelevant with damage, i.e. with a scale and extent of effect;
• Is for some reason limited more often from above, than from below;
• Is not intended for the purpose of indemnification(compensation) of damage;
• Can be substituted with deprivation of liberty either concluding or corrective (instead of возместительные!) activity;
• Miscellaneous for the citizens and officials (??)

Whether it is necessary to speak, in what absurd rule(situation,position) there are quite often law enforcement bodies, when after durable, labour-consuming and frequently of unsafe activity on detection and catching of the criminal, “thanking” casuistry of the legislation and поднаторевшей in a nem of advocacy or is simple of connivance of the judges, the criminal is finished by a mild fright. And whether it is necessary to be surprised, that in waiting look-alike outcome these “bodies”(“organs”) dismiss arms to receive even any satisfaction and let physically to punish the criminal. All this could disappear, drop in summer, if more precise relation “damage - payment”, i.e. reflexive principle and founded on a nem “Reversionary right” was established.

Below we shall try to show, that the existing Russian legislation contains a lot of pieces, which one allow to pose a problem on a capability of implementation of the bases(fundamentals) of the reversionary right and even partially, about neutralizing existing inconsistencies and lacks of this legislation without his(its) radical revision.

But at first problem: whether and hundred " ит овчинка and this workmanship? — It is doubtless!

At forming the legislation outgoing from the concept of the marked damage (instead of the illegalities) will appear waste a significant(sizeable) part of a volume of the existing acts in an orb of guards of the order. So, the mentioned categorising, dividing of particular acts on criminal both administrative, economic and personal is not required; refinement of social and diverse rule(situation,position) of the infringer (criminal); artificial detailing in the articles of limits of punishment. And many - many other.

The reflexive principle mirrors public concerns much better, more full, than existing normative - legal constructions, and founded on a nem will be right much more mobiler, humane and fair from the point of view of company.

But there is one more important nuance, which one causes(urges) to be bended to some contribution of forces and facilitiess for implementation of severe practical attempts to transfer center of gravity of consideration if at first not everything, then parts of actions of proceeding with legal on a social rating. Business that of kinds(views) and methods of definition of damage (economical, physical, material, social, moral....) it appears much less, than situations, with which one the law-enforcement system in ours быстроменяющейся of life is already impacted. And the matrix material of the lawyers held today in a law-enforcement orb by not prime occupation — in explanation of the rather ambiguous legislation, quite, without the special transactions, is capable to master made for last ten years of operating time(running time) by way of a social and economic rating. LET ALONE that in a number(series) of cases of deposition of a moral harm, let not on the quite reasonable and logical basis(fundamentals), but is already successful and with availability uses formal ratings.

What from the existing texts of the acts give the basis for optimisms at a rating of a capability of broad implementation of the bases(fundamentals) of the reversionary Right without a potent breaking existing?

At first, still Code about administrative violations of 1984 among the main(basic) kinds(views) of penalty establishes(sets) the fine, depositing of the definite sums (КОАП, item 24).

Secondly, let indefinitely, but he links them as to the cost stolen, lost, injured property (item 27).

Among other bodies(organs) he(it) envisions, in third, and such mobile form(shape), as an Administrative Commission (item 194).

In fourth, is established and practically detail procedure of disposal of legal proceeding about administrative violations (chapter 16, 20-31), basically not resized till now acts.

Thus КОАП envisions (let небезусловно) such very relevant and practically indispensable requirements: to establish(set) in the Order on business about an administrative offence a size of damage (item 261); повадить the information on penalty up to a public (item 264) to work out the proposals on canceling of reasons of offences (item 265), capability of forced measures on repayment of the fine (item 286); to transmit the subjects, withdrawn by the infringer, or sums, obtained at their implementation, (item 289) — it is natural, then it was given without a mention of the moral damage and, certainly, about repayment of the costs on legal proceedings.

Newer УК envisions release from liability of the persons, which one are with повинной and reimburse the caused damage (УК, with III); in a nem the social performance as yardstick содеянного is entered, i.e. the rating of an extent of the social danger — УК, seconds V is supposed. The truth, precise yardsticks УК does not give. It is necessary, however, to recognize, that the presence in УК in docked or especially in the distorted kind(view) of the hasty compounded(hasty drawn up) yardsticks would deliver us now in more inconvenient rule(situation,position), than their absence in general. In УК exists major: precise link of a crime with hurting actual or potential (with threat) — an item 14 and even hints on the moral damage — but while only to public agents (item 319).

In this respect last of published and major of explicitly considered by us — the Civil Code (1997) — is most progressive. He gives fullest of the normatively established concepts of a moral harm (item 151) and general provisions on indemnification of a harm (any harm!). They almost one for one can be used at implementation of a reflexive principle: “ a harm caused to the person or property of the citizen (i.e. and exemplary damages too)... Is liable in a full volume by the person caused of a harm ” (item 1064). Thus the responsibility причинителя of a harm to pay indemnification(compensation) and over indemnification of a harm can be established; in indemnification of a harm can be refused, if.... The operatings причинителя of a harm do not upset moral principles of company, i.e. the moral harm to the “third” persons, acritical circle of persons is not marked. This last is very important as a whole number(series) of practical cases, which one will be obliged to envelop the reversionary Right, for example — ecological damage to the population.

How in practice the reflexive principle will work? After usual procedures of a consequent, installation of the person of the criminal and corpus delicti is determined major: the form(shape) and value of the marked damage of the person, company, state. And, at first, damage actual and, secondly, if he is, — potential, that “threat” today is called.

In an ideal the infringer is obliged to pay all damage caused lossed, plus a working cost of a law-enforcement system for his(its) business a plus the costs of the involved(attracted) persons (witnesses, translators..) plus in a definite number of times divided damage potential, which one with odds can take place hereafter. And all. If he is dangerous to company (mentally ill, not криминализован...), he should be released on freedom. The truth...

As of today not all kinds(views) общественно of harmful particular acts, not all antisocial activity easily yields to transfer(translation) into the language of damage: for example, impeding to acceptance of religious beliefs (item 193 КОАП), occupation by prostitution (item 164 ² КОАП), obviously, some other kinds(views). Above it still it will be necessary to work and to work. But nevertheless it without delay exception, than rule. In mass it not so.

That today is problematic: at first, quantitative rating of the moral damage matched in communal principles with company once and for all: on each fact, at all events, for each type of the facts she(it) should most likely be valued separately depending on domestic national, regional, geographic, climatic and diverse conditions. That is why communal reference points the plus gears of their expedient updating(adjusting) here are necessary. Secondly — definition already of odds, mentioned by us, of implementation of potential threat and some other problems. It is impossible to say, that in an existing system they are resolved better, no. Is simple on them eyes now are closed down.

Yes, before transition to the expanded operational stage of principles of the reversionary Right the activity on detailing both actual, and potential kinds(views) of damage for miscellaneous offences is necessary. For this purpose with success can be used given in the existing legislation and in idealized activities рубрикация of kinds(views) of offences. But at the approach to a crime as to a resource, it is not required to the tool of damaging stringent normative - legal definition of a crime, i.e. the legal rating, his(its) categorising,, as is possible to see, вымучивание of limits of punishment under the articles: all will define(determine) damage. The implementation of many pieces of law-enforcement activity is represented, what is it общественно the most effective path of development of legal proceedings and in general. And we can not agree with the writers of the topping introductory article with the commentings to УК in attitude(relation) to the future (УК, with VI): the future not for legal, and behind a social categorising. And not the tag of illegality, and where tag, more simple and clear for today, perils, social and economical harm can and should become the basis(fundamentals) for fixing a sentence. The multiplicity in fixing a sentence, one of many reasons of an ineffectiveness of the today's legislation, at implementation of a reflexive principle will disappear. There will be unique “currency” for fixing a sentence: a cost rating of all marked damage.

The existing legislation frequently can introduce the almost ready verbiages to the legislation, founded on the reversionary Right.

Now overwhelming majority of studies is carried out(conducted) for progressing the theory and practice of the legislation within the framework of the adopted doctrine, and the progressing of a social direction is punched, alas, only as some exception of the general rule. Among these “exceptions” it is necessary to mark activities О.С. Колбасова in a direction of implementation of idea of indemnification of ecological damage (see list of activities), А.М. Эрделевского (Indemnification(compensation) of a moral harm, М.. “Lawyer”, 96) and other writers. The criminal and civil codes in last edition (1996) are included by(with) a number(series) of the indicatings on the introducing of a social rating. It is more than that: definitions of a crime is given with usage both legal, and social rating (УК, item 14).

As it is striking, existing legislation, let fragmentary, can introduce the almost ready verbiages to the legislation grounded on the reversionary Right.

Let's give some explanations.

So, according to ГК, item 1065, the danger of hurting hereafter can be by the basis to the claim about inhibit of activity creating such danger. Differently, if the made product in the mode normal or let even of exotic exploitation can plot of a harm (including and company, acritical circle of persons), it is possible to pose a problem on phase-out, and the court can refuse in the claim only in case the stay or termination of activity contradicts public concerns. Therefore — for example, in a case with an ecology, — remains only is demonstrative to define(determine) balance of pluses and minuses by production of this or that product or item and to prohibit this production at balance, negative for company (and not just for the particular user or for the particular producer). And to withdraw (to except) for the infringer valuable indemnification(compensation) of the marked (plotted) damage.

Is stipulated also, that the “third” person either state or the subject of Federation can undertake indemnification(compensation) of damage, having reimbursed then losses at the expense of exception of the applicable sums for наносителя of a harm (ГК, item 1081). Thus, already gear of indemnification(compensation) of damage the state or any business concern now can be quite realised at the subsequent return by him(it) of the sums from the infringer — version most humane, though while also improbable.

Let's mark also, that in case the speech goes about a harm of life or health of the citizen, the failure(refusal) in indemnification of a harm the legislator is not enabled (item 1083). Indemnification(compensation) of any harm implements in the money form(shape) (item 1101). All this together is necessary and enough for implementation of the maiden, most difficult pitch to transition to the general Reversionary right. And implementation it(him) within the framework of the today's texts and already of existing patterns. It appears, that from a huge clump of the existing statutory acts it is required to dissect away all superfluous, percents 80 - 90, and eventually from existing мастодонта to receive practically ideal for applying in practice a refined, aesthetic figure of the future humane legislation. Now, almost in a mid-course, this problem is still represented quite real.

There is a sense to note, that the world legislation of civilized countries in the given direction is no more advanced, than domestic (though, certainly, multiply is organized) better. The appeal in the European court with the proposal in about team workings in the given direction is now planned(glided).

As to the particular gear of his(its) implementation, it still should be executed(come true) — obviously by forces and facilitiess, already for this purpose intended: through law enforcement bodies МВД, Минюста, judicial, administrative... We hope, that we shall find for them comprehension and support.
 

Социометрия (brief digression)

Damage ^* — Any — occurs owing to violations(disturbance), illegal, more precisely antisocial acts, generally: violations(disturbance) — i.e. particular acts (act or omission) of other persons, in a number(series) of cases — and itself, and also as a result of a development of unfavorable natural phenomena and техногенных of debacles. The particular acts directed on drop of damage, create effect. Effect and damage can be economical and social.

For firms, productions the economical damage is exhibited by the way drops of the profit, income owing to impairment of economical, material, legal and diverse production conditions, drop of quantity and quality of raw, reduction(decreasing) of sales of commodity, deterioration of quality of a manpower etc. the Rules of calculation of economic benefit and damage are detailed enough, are set norms and consequently here specially are not esteemed.

The social damage from each violation(disturbance) for the person, for group, as a whole for company is exhibited by the way of any impairment of their material, physical, moral state and - or drops, примитивизации, degradation of a spiritual level, coarsening of mentality etc.

The social damage can be:

Actual, accomplished (felt whether or not, realized whether or not) and

Potential, future(next), — at threat to life, impairment of their material welfare or physical condition (drop of health); at waiting offensive acts from whose side or seduction (physical, moral) or spiritual примитивизации.

Taken into account социоактивные the factors we (shall (remind):

• Material, psychological, the companies are temporary " е and diverse overloads of the person,;
• Impurity by chemical agents of air, potable water opened basins and soil;
• Effect of the physical factors: radio waves, radioactive contamination, noise, dust etc.;
• Social tension (for example, because of переуплотненности and multinationality of settlement, криминогенной of conditions(situation), off-standard activity of power systems, orb of servicing, state of a municipal infrastructure etc.);
• Negative informational - psychological effects;
• Any factors negatively affecting physical and moral health of the person.

Material damage — the stolen money or subjects spoilt things, the costs of treatment etc. — easily are considered in cost (money) expression.

We consider(count) expedient to not blend a moral harm and harm to health, if he is not felt.

The same factor — for example, the pollution of the environment — can create both expressed material or physical, and moral damage. Not felt by bodies(organs) of the person, but fractions, biologically harmful to his(its) organism, the matters (for example, диоксины) create physical damage, and offensive, but practically harmless (for example, hydrogen sulphite) — moral.

Metrology of social damage

For definition of physical damage (harm) it is necessary and probably applyings of objective, metrological (hardware) methods of verification. The definition of the moral damage requires(demands), as a rule, sociological receptions(tricks) (interrogation of representative groups of the population), though for the purposes документализации the hardware methods of registration (photo, video, аудиозапись instrumental registration of temperature, damp, chatterings will be used...).

The social harm from miscellaneous kinds(views) is primary can to express in the natural form(shape): in hours of loiter spare time, in centimeters of sizes of the marked wounds, in decibels And or fractions ПДУ of a hindering sound, in ПДК of toxic impurity of atmospheric air... But in the final accounting for confrontation them between with themselves and for definition of the sums of material indemnification(compensation) all of them express in a value form (in roubles, in dollars...). It also is damage.

The methodical guidelines on detection and rating of social damage are adduced in the Appendix 2. In a nem the recommendational values of damage are adduced also, which one can be updated according to domestic conditions, traditions and features of national nature. The rating of effect, that it is more to it(him) in this activity to not return, too is set norms rules of his(its) calculation and tendered rules of appropriation of creative extents as a member of moral incentive of the writers are given in the Appendix 3. The problem on the norms(standards) of material urging will demand involvement of the Ministry of finance.

The full damage is counted the basis of the data, average on a massive of the people, which one are affected by(with) the negative factor.

The existing legislation (ГК, the item 1101) envisions a capability of the registration of specific features of the people (heightened physical or diverse sensitivity). However this approach can be recommended only in exceptional cases.

Reduced in the table of value are determined for one person. For group of the people these values of damage are multiplied on number of the people in group.

The values in a value form of all kinds(views) of the marked damage from each violation(disturbance) are piled.

On time of a development the damage can be lumpsum or current (constant and periodic, cyclical). The approach to charge of sums of compensation thus will be miscellaneous.

About the rules of charge of the “reflexive” sums at indemnification(compensation) of damage

At lumpsum damage (single theft, deposition of a physical or moral trauma...) and for current damage, the operating which one is finished to the moment of calculation of damage (but from the moment of not early, than moment of the introducing of a system ССБ: the law retroactive has no), the unified sum of compensation is calculated.

At current damage which is continuing with and after acquisition and calculation of damage, the periodic monthly or quarterly sum of repayment, equal sum of damage, plotted for selected period is established(set). Thus from reasons of public expediency (ГК, item 1065 items 2) the current damage can for charge of sums of compensation temporarily (for one - three year) be reduced and is assigned to an equal part of full (nominal) damage, but not less than 20 % from full value. The subsequent fraction of indemnified damage (for example, ecological) should be augmented annually in 1,5-2 times for an output(exit) by full value on more than for 3 years. In case of realization of those or diverse defensive measures (for example, on firm contaminating an environment, — of nature protection measures) the definitive sum of annual indemnification(compensation) of damage will correspond(meet) to nominal value of damage: экономико-ecological — to firms and nature a plus social - ecological — to the population.

The sum of damage shown to the infringer for indemnification(compensation), includes: the main(basic) value of damage for indemnification(compensation) damaged a plus the costs of legal proceedings (search, consequent, activity of court, fulfilment of his(its) solution, repayment of all costs of the involved(attracted) witnesses, lease of court-houses etc.) plus repayment of the applicant, which one, having noted plotted damage, maiden will file application in a competent body(organ) (Observation center). The costs of legal proceedings, if the fact of damaging will not be affirmed, are paid by(with) the applicant or that Observation center, which one on the commercial basis(fundamentals) will undertake stimulation of particular business and will watch of his(its) realization. At charge of sums of compensation are allowed effect of the circumstances of force majeure, on which one the part of the sum of public indemnification(compensation) — or even all for want of fault of the particular persons can be written off. But in this case (as well as in any other look-alike) acquisition of a fraud the damage will pay the person, persons enabling this fraud.

Communal principle of charge of sums of compensation for the moral damage: “average” damaged owes is satisfied, but no more — that for him(it) the desire has not appeared “to suffer” again and again. Or so: in group half should consider(count) the assigned sum small, and second half large. And easier speaking, arithmetic mean value of the assigned sums (with usual jettisoning of extreme values till 10-20 of % from both sides).

The requirement of repayment is presented without dependence from a rule(situation,position) and state of the infringer (physical or mental), of premeditation and the contingencies of violation(disturbance) etc. Repayment make at the expense of facilitiess of the infringer (or infringers, in fractions of involvement, if them a little) in безакцептном (indisputable) order from available for him(it) (for them) cash, bank accounts, fraction in the joint property etc. (КОАП, item 286), further at the expense of facilitiess of all cognates, wife (husband), former by those at the moment of violation(disturbance), and even of the personal friends and familiar. Or the infringer should earn facilitiess for repayment on forced hard labour.

In this case only it is possible to achieve, that the infringer or his(its) attorney did not refer to a state of an affect, on not realized or inadvertent behavior, on расстроенность of mind(wit), mentality, age etc. — as is known, all this completely fades in front conditions, that speaks only about one: that they are accomplished from slackness of will and absence of sense of responsibility, in calculation on so-called “limited liability” — spawning безбрежной of the liberal democracy.

Whether Приличествующая to the citizen repayment for all damage to company instead of постыдного of “punishment” (fine it, or the imprisonment) — is the best way of observance(holding) of philosophys of justice: compassions, wisdom and добродетели. It not of anger and not thirst of revenge. And not the game in школярство for the adult citizens. And not the casuistry, that so often is exhibited today.

Some of anticipated consequences

There is no, a place of isolation(insulation), prison, camp will not disappear. But they will be only for those who will be recognized dangerous for company: for mentally abnormal, capable on unpredictable acts, and for the persons криминализированных, prone to personal and formation antisocial operatings distinguished by cruelty and committed repeatedly. The remaining infringers should be content with zones of accelerated earnings with a good exercise stress — but in human conditions.

The adequacy of sums of compensation will allow value of damage from perfect misconduct essentially to simplify procedure of legal proceedings and without harms for course of business many times over to lower the costs. To bear any capital punishment (it is unimportant, what: even the imprisonment for life) will be quite possible ground one - two is demonstrated of perfect assassinations — instead of, for example, all fifty, with the prompt on court of hundreds witnesses, as it now is required. Court (is natural, after the indispensable fully conducted factfinding) the plus, naturally, mandatory evidence of fault accused (or accused) will encompass only in the statement(confirmation) predefined and many times of verified marked damage, in all his(its) kinds(views). It is necessary thus to note, that the existing now infrequent cases of opening of the error decrees will be not so are dramatic for paying up the half-sums, than for the stayed half-term: The retrieved true infringer will pay both these half-sums, and the marked moral damage is erratic to the accused citizen for the disadvantages, caused to him. And damage this innocently convicted will be far from being so is great, as after prison or camp zone.

The duty behind the infringer remains without dependence from movings(movements) of the infringer, even abroad and even at divorce, travel and dismissal. Country wishing to conceal of the infringer, owes is simple to pay all damage, marked by him(it).

The delay of payments, entanglement of a consequent etc. only augments the sum of payments proportionally среднекоммерческому to percent of crediting a plus by the sum of additional charges of legal proceedings.

The introducing of a quantitative rating of damage from violations(disturbance) (misconducts) will allow to correct rules of the existing reporting, in particular(personally), to eliminate such strange facts, as obtaining of “tick” by the militiamen for inspired detentions, for violations(disturbance) such as smoking or departure of natural needs in the not trusted to places etc. etc. Final point of the reporting will actuate percent of the reimbursed damage from the detected violations(disturbance) concerning all sum of damage from all captured violations(disturbance) (on territory of the given separation of militia, city, field(area), locale and country) — it instead of deployments, used now percent, (for example, smoking in the not trusted to places at unopened of stealings of motor vehicles).
 

1. Preliminary activity

Before the introducing of a System of social safety within the framework of the operational legislative base the following joint solutions of the main(basic) bodies of legislation (МВД, Минюст, probably, Supreme Court) are indispensable.

Precisely thesis expressed in a new wording УК Russian Federation (an item 14) also is unambiguously formulated: without detriment there is no crime. And back: only that and all that is crime (violation)((disturbance)), that has plotted damage. And he (this damage) should be indemnified to the infringer, any: by the natural and legal person, not excepting commercial either noncommercial, state or public organizations — in the final accounting at the expense of the guilty persons (Constitution, item 17, 19, 53; ГК, item 1064-1101; УК, item 1,27; КОАП, item 285-293). All this without dependence from a legal rating (availability in departmental documents of mitigating or justifying disclaimers etc.). In the agreement of the bodies of legislation all forms(shapes) of damage and main(basic) possible(probable) circumstances of his(its) deposition are enumerated whenever possible.

2. The alone form(shape) is determined, in what the damage, — in cost (ГК, item 151) is formulated.

3. In city, in region of the large city, in locale the main(basic) entitiess are determined: А) ACTUATORS (ИО) for reception(trick) of the writs, factfinding, and also for the statement(confirmation) and submission(representation) to the infringer of the charge by the way sums of the marked damage, and at failure(refusal) it(him) to pay — submission(representation) of business in court; Б) OBSERVATION CENTERS (НЦ), function which one also includes reception(trick) of the writs, but major — the calculation of damage under the own initiative or on presentation of actuators for submission(representation) in (ЭК) is see lower.

On a pioneering stage of activity ССБ the Actuator — it only Administrative commission (АК) at administrations of cities and locales. For this purpose all limitations on kinds(views) of offences considered by this Commission (КОАП, item 199) should be removed(taken off) from them, but the former procedure of transfer(transmission) in court of those solutions is saved, with which one the infringer or damaged disagrees. Besides are automatically eliminated from consideration by a Commission and the companies or damaged are transmitted in court of business on a number(series) of the articles УК Russian Federation requiring of especially complex(difficult) factfinding or presenting the special danger to country.

The functions of Observation center can be executed(designed) by(with) any organization on a close structure(profile) (for example, legal advice(legal advice office), ecological advice, etc.) accredited on the right of this activity by the bodies,(organs,) specially authorized to that, ССБ.

4. For activity on each particular claim by the solution of the chiefs ИО or НЦ forms ЭК, which one carries on all business from a beginning up to the extremity, were guided by the methodical guidelines and standard rules of a rating of the marked damage (Appendix 2). This commission starts to be reshaped (for each business — separately) from submission(supply) of the writ — definition of the person, which one subsequently carries on business before his(its) completion. The structure her(it) is reamed in accordance with transition of business in the actuator and further. The repayment of all participants of consideration of business — is established(set) beforehand in percentage among themselves (but not from the sum of instituted(spotted) damage).

5. It is envisioned a capability to present to indemnification(compensation) any damage, including from an acritical circle of the infringers to an acritical circle lossed, for example, from all firms contaminating atmospheric air, all influenced persons. Declare damage any person, including anonymously can.

6. The rule of repayment by the infringer, except for sums of compensation, all consumptions connected to clerical work by activity of an Administrative Commission and legal proceedings, with material costs and costs of time of the witnesses who have lossed, their moral damage (is entered at his(its) development) and fine(foam) at delay of production on business or delay of repayment of damage on fault of the infringer. — all this after a usual procedure of the evidence of fault by the infringer. Otherwise costs and costs are paid by the person who has excited business. (Applicant or Observation center which has undertaken to introduce his(its) business in an Administrative commission after a tentative estimation of marked damage).

7. Thus 286-293 measures on forced exception of a harm (damage) are saved a feasibility foreseen КОАП, item. The exception of the sums and things for indemnification(compensation) (under the decree) is made in безакцептном the order. At unsufficiency of the sums, indispensable for indemnification,(compensation,) on the personal scores of the infringer and his(its) colleagues (accessories), from sales of their personal things and exchange of flats on smaller, in less prestigious regions, the compensation award is automatically diffused to their children, parents and cognates, and also on their wives, composed during violation,(disturbance,) (husbands).

8. It is underlined, that any persons, which one could hinder undertaking of antisocial particular act without threat for the life, but have not made it, the accessories are attracted of the for payment marked damage as according to fractions established(set) by an Administrative Commission or them among themselves.

9. It is supposed: the independent solution of businesses by an Administrative commission with damage up to 100 values of a minimum wage (МЗП), joint solutions of an Administrative commission and district court — on businesses surveying damage on the sum up to 1 thousand. МЗП; the detection of the greater damage carries on to automatic transfer(transmission) of businesses to higher organization, and each following of higher entitiess esteems businesses on the sum of 10 times large. Term of disposal of legal proceeding after realization of indispensable factfinding — no more 15 calendar days. The applicant, infringer or damaged the transfers(transmission) of business to any higher court can require(demand), but thus to pay all their costs.

10. All participating on the natural persons and the employees of the legal persons, including state entitiess, bear a solidary liability for a regularity of definition of damage in a part, their concerning.

11. The applicant, if he is not simultaneously and damaged or is only one of damaged, receives from them 5 % from the sum, assigned for indemnification(compensation).

Procedure of the introducing ССБ

1. The television, in the newspapers about creation of a System of social safety (is declared via radio, within the framework of the Constitution, УК, ГК, КОАП). The purpose is underlined: drop of illegal and antisocial acts by activating practice of indemnification of the marked damage of all kinds(views) (economical, material, moral, physical...). The most in-depth explanations are given: who, what and as can declare introduces, require(demand).....; the lists and examples of offences and antisocial acts are given. The examples (from the most miscellaneous fields(areas) — see напр are given., Appendix 1).

2. Some observation centers (НЦ) for reception(trick) of the applications, rating of damage and subsequent commencing a suit in front of the Actuator (ИО) under these applications are assigned. Or НЦ under the own initiative.

3. Some actuators for transfer(transmission) by him(it) of businesses from observation centers for in-depth consideration are assigned. Originally in quality ИО the operating Administrative commissions, which one in a measure of the expanded competence (putting off(taking out) of all limitations imposed КОАП are assigned already the item 199 — see is higher) decide problems or, at high enough damage (more than 100 МЗП), transmit in courts of business with ready calculations of damage (for the subsequent joint solution). The forced measures of repayment (for those infringers are if necessary possible(if necessary probable), which one are failed to pay damage voluntarily). The court determines expediency of isolation(insulation) of the infringer from company and assigns a way of remedial.

So, for most quick(rapid) and it is effective implementations of problems of justice, founded on the reversionary Right, should be entered and the following pattern new and already of existing bodies(organs) is precisely indicated:

1. ACTUATORS (ИО) for framing and statement(confirmation) of the solutions by the way of sums of compensation of the marked damage, form(shape) of indemnification(compensation) and definition of necessity of isolation(insulation) of the infringer from company. It: COURTS — on the forward(straight) assigning, but at 80-90 of % of cases — with substitution of a usual procedure of legal proceedings on check the statement(confirmation) of the sums for indemnification(compensation) of its(her) form(shape), that is substitution of the basis for acceptance the solution on punishment from the legal responsibility on social; ADMINISTRATIVE COMMISSIONS (АК) under the forward(straight) responsibilities but with essential putting off(taking out) of limitations on kinds(views) of violation(disturbance). Independently decide businesses up to 100 МЗП, together with courts of the lower authority — up to 1000 МЗП.

2. OBSERVATION CENTERS (НЦ) — for acceptance of the writs, preliminary learning of businesses, objects and subjects of damaging, his(its) kind(view) and value. That is НЦ, except for the usual subjects having the right on stimulation of businesses, will enter a circle of persons having the independent right for stimulation of businesses before ИО.

3. THE COMMISSIONS OF EXPERTS (ЭК) — are reshaped at first of a structure НЦ (or ИО, if the writ has hitted at once there), then, if necessary АК or applicable court, prosecutor's office etc.

4. УЧЕБНО-АККРЕДИТАЦИОННЫЕ CENTERS (АЦ) — for teaching the specialists НЦ and ИО and accreditation on the right of activity in a system ССБ. Obviously, it is 3-5 bodies(organs) МВД and Минюста (Institute, Academy МВД...), working on methodical developments of Организационно-methodical center ССБ.

5. OF ОРГАНИЗАЦИОННО-METHODICAL CENTER ССБ (ОМЦ ССБ) — will be organized by the joint solution МЮ, МВД, РЭЛ (Russian Expert League), НФУРР (National Fund of steady progressing of Russia). Methodical materials легализуются after the statement(confirmation) ОМЦ ССБ.

Two versions of the introducing ССБ

А. SOFT VERSION

The opening-up of the population is beforehand carried out(conducted), the purposes, facilitiess, methods of activity explicitly are articulated, the examples of definition of damage are resulted...

Б. SUDDEN VERSION

He is indispensable if there is the significant(sizeable) criminal facts, on which one because of blanks in the existing legal acts damage on the basis of usual legal ratings to reimburse it was not possible. In these cases at coordination of patterns МВД, if necessary — with engaging of administration of locales, the preliminary preparation is carried out(conducted): up to the opened declaration of the introducing ССБ is latent перепроверяются all available items of information on the facts of corruption, financial manipulations, about any large facts of damaging. Where it is necessary, the calculations all (economical, social, moral are done(made)...) marked damage. At large violations(disturbance) the scores of the infringer, his(its) colleagues and cognates are congealed. And only then the applicable declarations of the introducing ССБ are done(made).

Procedure of activity of bodies(organs) ССБ

The writ about violation(disturbance) can be accepted personally or by telephone, vocally or anonymously. In any case the Observation center is obliged to notify entering number and to conduct a tentative estimation of damage. At damage more than 10 МЗП he is obliged to open business and at damage up to 100 МЗП to conduct own factfinding for transfer(transmission) to an Administrative commission on independent consideration, and at damage up to 1000 МЗП — together with district bodies(organs) of court is (see (higher).

It is possible to hand the application in two or more НЦ or directly in ИО, but in case of the detected subsequently damage at невозбуждении maiden of them his(its) employees pay 10 % of the established subsequently damage for the benefit of lossed (at an acritical circle lossed — in the budget).

The mode of payment of indemnifications(compensations)

At calculation of the sum, payable for damage from the facts accomplished, with single, lumpsum damaging (after decision marking about the introducing ССБ), the sum of lumpsum repayment is determined. At delay of payment of indemnification(compensation) the sum grows proportionally среднекоммерческому to percent of repayment of the credit in the given locale.

From the facts before accomplished, but being a reason of gradual or periodic damaging, if owing to economical or diverse expediency at once to assign all sum of regulated indemnification(compensation) it is impossible to assign, the gradual increase of repayment (for example, till 10-20 of % annually) is assigned.

At occurrence(appearance) of threat of damaging the potential damage on all possible(probable) scale of nominal effect — but with allowance for oddss of his(its) occurrence(appearance) is determined.

On repayment business (судо) of production and predetermined percent to the person who has excited business everywhere are affixed to these sums the sums if diverse is not envisioned in the agreement Observation center — the Applicant (Applicant, as well as нашедшему hidden treasure, is due reward. The applicants who have anonymously declared on violation(disturbance), automatically forfeit the fraction at the anonymous application repayment to the applicant can be stipulated only in case in a consequence he(it) will demonstrate his(its) priority).

If the delay, protraction were on fault of the infringer, the repayment with allowance for of fine(foam), on value, equal средне-commercial credit in the given locale is assigned.