bluuebunny/crossref_metadata_2025 huggingface dataset:
PRINCIPLES OF INTERPRETATION OF THE CONSTITUTIONAL NORMS BY REGIONAL CONSTITUTIONAL (STATUTORY) COURTS
Authors:   Perm State University, Khudoley K. M.
Published: December 2023

Abstract: in article the principles by which bodies of the constitutional control of territorial subjects of the Russian Federation at implementation of interpretation of the constitutional provisions are guided are considered. A methodological basis of research general scientific and private and scientific methods of knowledge make set of methods, including dialectic. The empirical base of research was made by the standards of the regional legislation regulating activity of the constitutional (statutory) courts and the decision of regional bodies of the constitutional control. The conclusion about unity of the principles of interpretation of the constitutional norms by the Constitutional Court of the Russian Federation and regions is drawn by the constitutional (statutory) courts. Distinction between the principles of interpretation and the principles of law and the constitutional principles which the constitutional (statutory) courts in the activity use becomes. Thus regional constitutional (statutory) courts almost literally use legal positions of the Constitutional Court of the Russian Federation in the practice, though is not quite system.
CROWDFUNDING AS A TOOL FOR THE DEVELOPMENT OF SMALL AND MEDIUM-SIZED BUSINESSES IN THE DIGITAL ECONOMY
Authors:   Perm State University, Zakharkina A. V. , Kuznetsova O. A. ,   Perm State University
Published: December 2023

Abstract: the article is devoted to a new source of financing of projects of small and medium-sized businesses – crowdfunding, recently received a positive in the norms of Russian private law as a result of the adoption of the Federal law of 02.08.2009 № 259-FZ “On attracting investments using investment platforms and amending certain legislative acts of the Russian Federation”. Assesses the use of the term ‘crowdfunding’ in the official acts of the Russian Federation: Strategy of development of small and medium enterprises in the Russian Federation for the period until 2030, the letter of the Federal tax service dated 25.11.2016 and clarification of the Commission on ethics and standards on the use of a lawyer mechanism of crowdfunding. The article analyzes the design of rules aimed at crowdfunding relations and of the rules adopted by Law No. 259. In addition, the scientific views on this legal structure are studied. In conclusion, the study examines the regional experience of non-profit crowdfunding and its social effect.
COMMENSURATE PRICE REDUCTION UNDER THE CONTRACT
Authors:   Perm State University, Ibragimova S. V.
Published: December 2023

Abstract: the article analyzes the legal nature of an appropriate decrease in the price that is set in the contract. Analyses is based on Russian legislation, international legislation and established law enforcement approaches. Explained the unacceptability of confusing such authorities of a customer as the right to a commensurate reduction in price and the right to reimburse their rectification costs. A commensurate price reduction is used when the customer accepts improper execution without providing to the contractor an obligatory time to eliminate the flows. According to the principles and purposes of civil law, a commensurate reduction in the price of the contract presumes a reduction in price to the level of the objective market value of the product with deficiencies. A commensurate reduction in price ensures the recovery of the equivalence of economic relations and the balance of interests of the parties and does not allow the occurrence of unjust enrichment on the side of both the customer and the contractor.
EVOLUTION OF THE ADMINISTRATIVE-LEGAL STATUS OF THE COMMISSIONER FOR CHILDREN’S RIGHTS IN THE RUSSIAN FEDERATION: INTERNATIONAL LEGAL AND REGIONAL ASPECTS
Authors:   The Middle-Volga Institute of the All-Russian State University of Justice (Department in Saransk), Barshova O. A. , Palchikova M. V. ,   The Middle-Volga Institute of the All-Russian State University of Justice (Department in Saransk)
Published: December 2023

Abstract: the article is devoted to the development of the institution of the Ombudsman for the rights of the child in the Russian Federation. The article deals with the process of formation of the institution of the Ombudsman for the rights of the child from the period of its international legal consolidation to the emergence in the Russian Federation and regional regulation in the subjects of the Russian Federation. The authors focus on improving the regulation of the administrative and legal status of the Commissioner for the rights of the child as established by presidential Decrees of the Russian Federation, on the transformation and improvement of this status and the subsequent giving it a key value in accordance with the Federal law. On the example of several regions the possibilities of self-regulation of the status of the Commissioner for the rights of the child by the subjects of the Russian Federation are considered.
PRINCIPLE OF ACHIEVEMENT IN THE PRISM OF NORMS LEGISLATION ON THE CONTRACT SYSTEM
Authors:   Tyumen State University, Parfenyuk N. V.
Published: December 2023

Abstract: in a contractual relationship with the participation of the state, good faith is declared as a necessary norm of behavior both on the part of the state in the person of state customers and on the part of procurement participants. However, the legislator does not develop this principle in existing norms, does not correlate it with other principles of the contract system and does not indicate its criteria. The above not only complicates the implementation of the principle of good faith as a legal regulatory instrument, but also complicates the creation of an understandable law enforcement relationship between the general norms of good faith stipulated by civil law and the special laws of the contract system that declare the good faith of participants in relations.
ON THE MOVEMENT OF SCIENTIFIC THOUGHT CONCERNING STATUSES IN CIVIL LAW
Authors:   Tyumen State University, Permyakov A. V.
Published: December 2023

Abstract: the foundations of the legal facts doctrine were laid in the prerevolutionary period. At that time the first scientific ideas regarding the systematization and typification of legal facts were formed and hypotheses were put forward. Being perceived by soviet scientists, the theory of legal facts received a point, but a significant addition and some completion in the works of prominent representatives of the soviet civil law science. The objectively justified conservatism of this doctrine leads to the fact that new trends of factual reality find their scientifically justified place in the system of legal facts only after a long period of scientific testing. This situation has developed in relation to statuses in civil law. Being noticed in the framework of the legal facts theory in the pre-revolutionary period, these phenomena have not earned their strictly defined place in the system of legal facts and in the system of law as a whole. The reason for this is the multi-aspect (diversity) of the concept "status". The role of legal statuses not only in the movement of civil legal relations, but also in the legal system as a whole is still the subject of scientific discussion. How this scientific discussion developed in the pre-revolutionary, soviet and modern period is reflected in this article with the proposal of the vision of the role of statuses in civil law.
CRIMES THAT IMPINGE ON PROCEDURAL ACTIVITIES OF PRELIMINARY INVESTIGATION BODIES
Authors:   Russian State University of Justice, Khatuaeva V. V. , Fedorova I. V. ,   Russian State University of Justice
Published: December 2023

Abstract: improving the effectiveness of justice is positioned as a priority for Russia's ongoing judicial reform. In many ways, its solution involves respecting the procedural procedure of the preliminary investigation. The functioning of the judicial mechanism, ensuring the rights and legitimate interests of citizens is not possible without respect for the rule of law, especially by officials involved in the process of justice, including, of course, and Criminal justice officials are interrogators and investigators. In this context, the study of public relations arising in the process of criminal proceedings included by the legislator in the number of criminal protection objects, as well as analysis of the level of the criminal protection, is quite relevant and reasonable. criminal repression for attacks on the interests of the preliminary investigation, as they undermine the authority of the state authorities as a whole, contribute to the growth of public distrust of the law enforcement system, generate disbelief in the the possibilities of judicial protection of violated rights and freedoms, form an atmosphere of legal nihilism in society.
TAXATION AS A LEGAL CATEGORY
Authors:   Institute of State and Law Russian Academy of Sciences, Zapolsky S. V.
Published: December 2023

Abstract: the article is devoted to the relationship between the concepts of tax and taxation - a theoretical problem, the solution of which predetermines one or another direction in the development of the science of tax law and the corresponding legislation. It is proved that the tax is a legal composition that does not cause any economic or other result without finding it by a number of factual circumstances, which allow to activate the tax administration mechanism. In this case, there arises a special interaction between the taxpayer and the tax authority - tax liabilities requiring the active participation of both parties, and not just the taxpayer.
PROJECT OF PERM KRAI SUBPROGRAM “DIGITAL ECONOMY OF PERM KRAI”
Authors:   Perm State University, Zakharkina A. V. , Kuznetsova O. A. ,   Perm State University
Published: December 2023

Abstract: the article is devoted to the scientific and practical understanding of the possible ways of digitalization of the regional regulatory platform for the development of small and medium-sized businesses in the Perm region in order to gain the status of an investment attractive region. The article proposes to create a regional subprogram of the National program “Digital economy of the Russian Federation”, conventionally called by us “Digital economy of Perm Krai”. In addition, part of the passport of the regional project “Regional regulatory regulation of the digital environment in Perm Krai” is presented. The conclusion is made about the need for digitalization of the regulatory environment “vertically”: the previous regulation of the basic digital components at the level of Federal legislation and the subsequent adoption of regional norms aimed at digitalization of the regional regulatory platform.
DISPUTABLE ISSUES PROTECTING THE INTELLECTUAL PROPERTY RIGHTS ON MEANS OF INDIVIDUALIZATION
Authors:   University of Tyumen, Bolotin S. S.
Published: December 2023

Abstract: ambiguous judicial practice lack of evidential standards cause essential problems protecting intellectual property rights on mean of individualization.It is known that violation of the rights is not enough for judicial remedy. National legislation gives priority to the earlier registration of the business name in the Single State Register of Legal Persons without linking it with the type of activity. Some amendments to the Civil Code of Russian Federation due to restrain unfair business practices are suggested. This paper presents some aspects of evidencing the violation of the intellectual property rights.
ON THE PROBLEMS OF LAW ENFORCEMENT PRACTICE FORMED WHEN APPLYING CRIMINAL LIABILITY FOR ILLEGAL CIRCULATION OF PAYMENT DOCUMENTS
Authors:   Perm State University, Soloveva E. A.
Published: December 2023

Abstract: in the article based on the analysis and generalization of criminal case materials on the application of criminal liability for a crime under Art. 187 of the Criminal Code of the Russian Federation, a conclusion is drawn on the formation of judicial practice, in which the sign of “forgery” is widely interpreted, which is mandatory for the composition of illegal circulation of means of payment (Article 187 of the Criminal Code of the Russian Federation). The author considers that in Article 187 of the Criminal Code, we are talking only about cases where an unauthorized person distorts the actual will of an authorized person to dispose of non-cash, including electronic money, located on the bank account.
TO THE QUESTION OF THE APPLICATION OF CATEGORIES OF CIVIL AND INDUSTRIAL LEGISLATION IN THE PRACTICE OF EVIDENCE ON CRIMES COMMITTED IN THE ECONOMIC SPHERE
Authors:   Law Office “Sachihin and Partners”, Sachihin A. V.
Published: December 2023

Abstract: the problems of collision of norms of the criminal and other branches of law (civil, tax, accounting) in the regulation of offenses in the field of business and other economic activities are considered; the correlation of the criminal law concept of «damage» and the civil law categories of «loss» and «causing harm» is analyzed; explores different approaches to the concept of «income» in economic matters in investigative and judicial practice, a collision between the theft signs given in the note to Art. 158 of the Criminal Code of the Russian Federation, and legal signs characterizing the validity of transactions in civil law; there is made the conclusion that criminalization of the relevant civil law institutions is inadmissible.
SOCIAL EMPLOYMENT OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION AND INTERNATIONAL NORMS IN THE FIELD OF EMPLOYMENT OF DISABLED PEOPLE: PROBLEMS OF IMPLEMENTATION
Authors:   Perm State University, Vasilyeva Yu. V.
Published: December 2023

Abstract: the article is devoted to the scientific and practical understanding of a new phenomenon in the field of employment of people with disabilities in the Russian Federation - social employment. The concept of social employment of persons with disabilities is examined, its possible forms are analyzed. Through the prism of international legal regulation of relations on employment of persons with disabilities, the effectiveness of existing Russian legislation in this area is assessed. It is proposed to consider the social employment of people with disabilities in two main forms: as the implementation by persons with disabilities of labor activity in the open labor market, subject to the reasonable adaptation of jobs to the special needs of the disabled person; as temporary employment of persons with significant impaired functions of the body to specially created jobs for them in order to perform simple types of work with the help of a mentor. It is concluded that the objectives of the UN Convention on the Rights of Persons with Disabilities are most suitable for the social employment of persons with disabilities in the open labor market through the reasonable adaptation of jobs.
HIERARCHY OF THE CONSTITUTIONAL VALUES IN CIS AND BALTIC COUNTRIES
Authors:   Perm State University, Khudoley K. M.
Published: December 2023

Abstract: in article the hierarchy of the constitutional values in CIS and Baltic countries is considered. The author tried to study provisions of constitutions and decisions of the constitutional courts of neighboring countries in which the hierarchy of system of the constitutional values reveals. A methodological basis of research general scientific and private and scientific methods of knowledge make set of methods, including dialectic. Considering the humanistic content of the majority of constitutions of CIS and Baltic countries, author offers the following hierarchy of the constitutional values: the supreme value (absolute and relative values), priority values (can limit all other values, except absolute), and other values. Therefore the last changes in the constitutional legislation of some CIS and Baltic countries removing a humanistic orientation of system of the constitutional values can lead to its disintegration for the sum of separate values.
CIVIL CODE AS THE BASIS FOR ACTIVE ECONOMIC AFFAIRS
Authors:   Kazan (Volga Region) Federal University, Demieva A. G.
Published: December 2023

Abstract: legislator often uses the «economic activity» and «entrepreneurial activity» terms in various branches of law. In the constitutional legal sense entrepreneurial activity means a voluntary implementation of a person’s abilities and property and is a type of non-prohibited by the law economic activity. However, «entrepreneurial activity», despite the existence of a legal definition, remains a controversial meaning, which leads to legal indistinctness of this term’ essence. The article concludes that the invocation of only one «entrepreneurial activity» regime to various forms of economic activity is insufficient or even fallacious. In this regard, this article proves the necessity of various legal regimes invocation to regulate active economic activity.
THE ACTION OF THE PRINCIPLE OF INTRODUCTION WITH STATE REGISTRATION OF THE RIGHT OF USE OF LIVING ACCOMODATION ARISING FROM TESTAMENTARY RENUNCIATION
Authors:   Perm State University, Ermakova A. V.
Published: December 2023

Abstract: the article addresses the issue of the State registration of the right of use of living accommodation by operation of a testamentary renunciation. The research deals with the issue of optionality of that right’s State registration as a reason of the de facto inaccuracy of the Unified State register of real property. The current framework of the State registration is analyzed. The need for the statutory determination of the rule of compulsory State registration of the right of use of living accommodation by operation of a testamentary renunciation and also the right to claim legatees to an heir are justified.
ABOUT THE FORGED MAJORITY
Authors:   Perm State University, Khudoley D. M.
Published: December 2023

Abstract: the democracy is based at liberty most of citizens. However any of electoral systems does not exclude possibility of distortion of will of citizens. Moreover, such falsifications can exist and without illegal actions since they follow from the most mathematical algorithm of definition of the winner. Most of citizens, without understanding mathematics, can draw a wrong conclusion on fair result of vote though actually the will of the majority could be distorted at mathematical calculations. Various systems allow possibility of falsification at abuse of the right as from voters (strategic vote), and from candidates (strategic promotion). It is offered to prove superiority of systems of preferential vote before classical techniques of the categorical vote since they allow much less chances for leading of unfair results of elections.
LEGAL REGULATION OF COUNTERACTION TO UNLAWFUL ENTREPRENEURSHIP
Authors:   Ural State Law University, Semyakin M. N. , Gubareva A. V. ,   Ural State Law University
Published: December 2023

Abstract: the goal of this article is a comprehensive analysis of the composition of illegal business activities, analysis of the effectiveness of the application of the legislation on countering illegal business activities, making recommendations to prevent the commission of crimes in this area. The results of the study indicate that in the framework of improving the legal regulation of the economy, the issue of illegal entrepreneurship is being updated. The introduction of criminal liability for carrying out illegal bisiness activities as a tool to counter the commission of this crime was conceived by the legislator in order to ensure an adequate level of protection for bona fide entrepreneurs, the rights of the state and society. An analysis of doctrinal sources on criminal liability for illegal entrepreneurship showed that domestic criminal law science has not yet developed approaches to establishing signs and elements of crime. Based on the analysis of the doctrine of civil and criminal law, the authors concluded that entrepreneurial activity includes two independent components: economic and legal, which include the signs defined in Russian legislation. Non-fulfillment of one of the «economic signs» entails the definition of activity as «non-entrepreneurial», and the absence of a legal criterion in the activity of a person entails its illegality. Based on the generalized conclusions of the criminal doctrine, the authors of the study concluded that the conditions for qualifying illegal business activities include: doing business without registration, major damage to citizens, organizations or the state, or generating income in large amount as a result of such activities. The article draws attention to the fact that the crime under Art. 171 of the Criminal Code of the Russian Federation is socially dangerous: firstly, illegal entrepreneurial activity completely goes beyond state regulation of the economy; secondly, there is a potential possibility of harming society and the state, for which the entrepreneur must bear the relevant law.
POSSIBILITIES OF APPLYING ANTITRUST LEGISLATION IN BANKRUPTCY PROCEEDINGS
Authors:   Kutafin Moscow State Law University (MSLA), Sushkova O. V. ,   The Russian Presidential Academy of National Economy and Public Administration (RANEPA)
Published: December 2023

Abstract: persons whose rights and legitimate interests have suffered as a result of anticompetitive behavior are entitled to use any acceptable means of protecting civil rights, the list of which is generally set out in art. 12 Civil Code of the Russian Federation. As the main form of protection of violated rights in paragraph 1 of Art. 11 of the Civil Code of the Russian Federation, judicial protection is indicated, however, in accordance with paragraph 2 of this rule, in cases provided for by law, civil rights are protected in an administrative procedure. However, there are still a number of difficulties caused by the fact that violations of the antimonopoly legislation can by no means always be accompanied by the sale of goods, which can, without sufficient reason, create the impossibility of using this method of protection when committing other antitrust offenses.
FEATURES OF REGULATION OF MARRIAGE AND FAMILY RELATIONS ON THE AFRICAN CONTINENT
Authors:   Belgorod State National Research University (NRU “BelSU”), Kolesnikov A. Y. , Nasandratra L. ,   Belgorod State National Research University (NRU “BelSU”)
Published: December 2023

Annotation: this article examines the concepts of “traditional family” and “traditional family values” on the example of families of the African continent, the features of family legislation of families in Africa and the degree of their “traditionality”. The author analyzes the conditions necessary to ensure the protection of the interests of traditional forms of family relations, which are opposed to liberal concepts of the family, threatening the classical form of marriage and the most common method of family organization. Vectors of possible development of institutions for the protection of the “traditional family” and “traditional societies” are determined. The article substantiates the need to strengthen mechanisms for the protection of “traditional family values” not only by reforming national legislation, but also by adopting international law. An assessment of the impact of various factors on the preservation of traditional societies in the modern world is given. Special attention is paid to the analysis of the influence of economic factors and religion on the protection of traditional family values.
INNOVATIONS IN FORENSIC KNOWLEDGE IN TRAINING SPECIALISTS FOR LAW ENFORCEMENT AGENCIES
Authors:   Perm State University, Dolginov S. D.
Published: December 2023

Abstract: the article is devoted to innovative directions in teaching forensic science. The author draws attention to the problems in the educational process, forensic training of specialists: personnel matters, material and technical support, educational standards, training virtual programs, etc. Possible solutions to the analyzed problems are proposed. A significant place in the article is occupied by the issues of introduction of innovations in the educational process: computer technologies, educational programs. The effective forms of obtaining knowledge and skills in the learning process are analyzed. The article describes the tools that fill the gaps in the training of students. The author pays attention to the unity of science and practice, the real implementation of forensic knowledge in practice. The role of the teacher's personality in training future specialists is shown.
RESOLUTION OF A DISPUTE ABOUT THE PRESCRIPTION CONTENT (RIGHT OR DUTY?)
Authors:   Perm State University, Trapeznikova E. V.
Published: December 2023

Abstract: often, the defendant refers to the right prescribed to him in the case when the claimant asserts that there is a duty of the defendant, relying on the same regulatory prescription. This is due to defects in legal structures that give rise to uncertainty in legal prescriptions. Interpretation of such constructions in judicial practice allows us to formulate some rules (algorithms) for resolving disputes about the prescription content. Presented word forms the legal prescriptions and the findings resulting from their combinations, in conjunction with the status of participants of disputable legal relations and certainty of prescription addressed to one or both subjects of the relationship. The paper presents the results of a research aimed at creating a computer program for information and technological support for making reasoned court decisions in cases of claim proceedings under the rules of the civil procedure code of the Russian Federation, created by S.B. Polyakov and I.A. Gilev.
ABOUT CATEGORIZING ADMINISTRATIVE CASES IN THE RUSSIAN FEDERATION
Authors:   Russian State University of Justice, Stakhov A. I.
Published: December 2023

Abstract: based on the analysis of legal norms that separate legal cases of the indicating (displaying) category, the article substantiates the separation of administrative proceedings, along with criminal and civil proceedings, as well as constitutional proceedings. In accordance with articles 10, 18, 72, 118 of the Constitution of the Russian Federation, the separation of judicial and Executive (non-judicial) administrative procedure for resolving legal cases within the administrative process is justified. This approach identifies administrative (non-judicial) cases and judicial administrative cases, and categorizes these legal cases, revealing the structure of the modern Executive and judicial administrative process. The conclusion is made about the currently formed systems of administrative (nonjudicial) cases and judicial administrative cases, which can serve as a scientifically based reference point for further systematization and optimization of the modern administrative process in the Russian Federation.
THE ORGANIZATION OF STATE AUTHORITY IN THE CONTESTED STATES OF THE REPUBLIC OF THE FORMER SOVIET UNION
Authors:   Perm State University, Khudoley K. M.
Published: December 2023

Abstract: the article considers the issues of constitutional development of the contested states of the CIS countries. The author tried to study the provisions of the constitutions of the contested states, the history of their formation and the tendencies of state building. The methodological basis of the study is a combination of methods, including dialectical, general scientific and private scientific methods of cognition. The author notes the orientation of the state development of the contested states towards Russia (except for the Nagorno-Karabakh Republic, the development of the state and law of which is entirely directed towards Armenia). There is a double jurisdiction over the exercise of public authority in the territories of the contested states (authorities of such entities and central authorities that do not control their territory). In the territories of the contested states, a high level of legal nihilism is observed, which is expressed in a large number of constitutional reforms, and the change of power in non-legal ways.
THE PROBLEM OF ESTABLISHING THE PROPERTIES OF UNPROTECTED IDEAS IN THE CONTEXT OF CULTURAL DEVELOPMENT
Authors:   Perm State University, Gorbunov A. A.
Published: December 2023

Abstract: the article discusses the problem of establishing the properties of ideas that are not protected by copyright. This problem has not received proper coverage in the civilist doctrine. The task is to determine the properties of the unprotected idea, as well as the properties that indicate the transformation of the idea in the work. It is established that ideas that are not protected by copyright are immaterial objects that have the property of abstraction and are general concepts. From the state of a unprotected object, the idea becomes a work in the course of the author's creativity, as a result of which the idea acquires a new property-specificity. This property is considered in the context of dividing creativity into two types. Attention is drawn to the property of concreteness in connection with existing trends in culture, especially in terms of the development of art and the widespread dissemination of mass culture. It is concluded that the property of specificity is determined not only by the implementation of ideas in the work, but also in other ways. It is revealed that the current civil legislation leaves the interests of creators of ideas without protection from unfair behavior. Taking into account foreign experience, it is concluded that it is necessary to develop ways to protect ideas from unfair behavior.
ABOUT THE MOMENTS OF DELIVERING AND RECEIVING OF JURIDICALLY MEANINGFUL MESSAGES IN THE CIVIL LAW
Authors:   E. A. Vagner Perm State Medical University, Kuranov V. G.
Published: December 2023

Abstract: the article is concerned with determining the moment of receiving a juridically meaningful message which implies the corresponding civil consequences occurrence for the addressee. It is justified that the legislator’s position of determining the moment of occurrence of the consequences of juridically meaningful messages is erroneous, since delivery differs from the message receipt. The moment of the message delivery may be applicable when constructing a fiction of the message receipt. The conclusion was made that if the addressee failed to appear for receiving the message, or was absent at the address at which the message was sent, then the moment of receiving the juridically meaningful message is viewed as the moment when the message was delivered to the addressee. The same principle should be used when determining the moment of receiving juridically meaningful electronic messages – as the moment of the message delivery to the zone of the addressee’s effective control, the moment after which he gets a real opportunity to read the message.
PROPERTY RELATIONS OF SPOUSES: DISADVANTAGES AND THE CONTEMPLATION OF STATUTORY REGULATION
Authors:   Perm State University, Pyankova A. F.
Published: December 2023

Abstract: the article is dedicated to the draft law No. 835938-7 “On Amending Certain Legislative Acts of the Russian Federation (referring the Property Relations of Spouses)” introduced in the State Duma of the Russian Federation on November 14, 2019. It supports the rule of the draft according to which the real estate title of joint property of spouses should be registered “by default”, as well as the exclusion of the possibility of contesting the marriage contract on the grounds of putting one of the spouses in an extremely unfavorable position. Criticism has been expressed regarding the introduction of a presumption of spouses’ community debts, as well as the total socialization of marital property, including the items acquired for personal finances. Other shortcomings of the bill are indicated, including the lack of legal regulation of the procedure for disposing of common joint property by former spouses before its division. The points of view of scientists regarding the novels of the bill are given.
PREJUDICE OF THE COURTS’ DECISIONS, CONFIRMING DEBTS, FOR INCLUDING IN THE REGISTER OF CREDITORS
Authors:   Perm State University, Yurchenko M. V.
Published: December 2023

Abstract: in this article author investigates the question of prejudice of the courts’ decisions, which confirm debts, for including such requirements in the register of creditors. Author concludes that such courts’ decisions aren’t obligate in the bankruptcy procedure for court-appointed administrator and other creditors, who can object to such requirements, if they aren’t well-grounded. Besides author analyzes the efficiency the legal mechanism of creditors’ rights protection, which is described in the Resolution of the Supreme Arbitration Court №35, accepted in 22.06.2012. This mechanism needs to be improved by confirmation of courts’ rights in the bankruptcy procedure to check all the requirements to the debtor, including such of these, which are founded on the courts’ decisions, accepted before beginning of bankruptcy procedure.
TO THE ISSUE OF EMPLOYMENT OF ELDERLY PEOPLE IN THE RUSSIAN FEDERATION
Authors:   Perm State University, Kuznetsova K. N.
Published: December 2023

Abstract: the article analyses the impact of an aging population on the labor market of the Russian Federation and on the employment policy pursued in relation to the elderly. The legislative and organizational measures adopted in Russia to promote the employment of senior citizens are evaluated; and in particular, increasing the rate of unemployment benefits to people of pre-retirement age, introducing criminal liability for unjustified refusal to hire and unreasonable dismissal of a person on the grounds of reaching pre-retirement age, the introduction of a vocational education program for the elderly and others. The article identifies problems in this area. The conclusion is made about the need to implement a comprehensive social policy for the elderly with a purpose to harness their full participation in relations in the labor market and in the economy as a whole.
GENERAL REGULATORY RELATIONSHIP AND LEGAL RESPONSIBILITY
Authors:   Togliatti State University, Lipinsky D.A. , Musatkina A. A. ,   Togliatti State University
Published: December 2023

Absract: the article examines general regulatory legal relations in conjunction with positive responsibility and the principle of mutual legal responsibility. The author analyzes the decisions of the Constitutional Court of the Russian Federation, which emphasize the reality and legal nature of general regulatory legal relations and the positive legal responsibility of subjects. The conditionality of positive responsibility and general regulatory legal relations is substantiated by the presence of the principle of mutual legal responsibility, and it is also shown how international normative legal acts affect their formation. It is shown how general regulatory legal relations are modeled in legal norms with different industry affiliations. The conclusion is made that the principle of mutual legal responsibility is based on the triad: rights (freedoms) - duties - positive responsibility. The interrelation of general regulatory legal relations and legal relations arising from the legal fact of an offense is determined, and it is also proved that the second type of legal relationship cannot arise without the presence of the first.
BANK GUARANTEE IN SOVIET AND POST-SOVIET LEGISLATION
Authors:   The Russian Presidential Academy of National Economy and Public Administration, Zaitsev V. V.
Published: December 2023

Abstract: the article discusses the features of legal regulation and the practical application of the guarantee institution, which was used in the Soviet period mainly in foreign trade transactions, and a bank guarantee as a new security method enshrined in the Civil Code of the Russian Federation. The paper also characterizes the main international sources related to this security method. The author compares the bank guarantee with non-processor methods of ensuring the fulfillment of obligations, and also explores the most complex issues that arise in modern civil circulation in the practice of applying a bank guarantee. A lot of attention in the article is paid to the analysis of legal positions formulated regarding the application of a bank guarantee by the highest judicial bodies of Russia.
MORE ON THE POSSIBILITY TO LEASE A PART OF THE ITEM
Authors:   NAO “Gostandartizatsiya”, Ignatov V. S.
Published: December 2023

Abstract: the article presents the discussion of a possibility of entering into agreements for leasing a part of an item. From an economic point of view, a potential leaser may need to use not the whole item but only a part of it. Such economic relations require adequate legal regulation. However, civil law science and civil legislation have not yet developed a unified approach to the possibility of such lease relations legal constructions in principle. A conclusion is made that a user agreement for leasing should be understood as providing an opportunity of temporary using an item to the leaser by a titleholder, this also covering the relations associated with using a part of an item.
SCIENTIFIC PRESTIGE
Authors:   Perm State University, Polyakov S. B.
Published: December 2023

Abstract: science as any kind of creative activity that is an antipode to obviousness and routine is developed by personalities. Outstanding people who are the first to notice the shoots of new tendencies and threats arising from moss-grown stereotypes. The development of science is based on a considerate attitude to talents. It is essential to bring up constantly ourselves and scientific and pedagogical society in the first place and the whole society in general to this kind of attitude. But at least at anniversary occasions of obviously leading scientists our duty is to give them their due and consider results of their contribution to science. A remarkable anniversary of one of the leading modern Russian jurists Vladimir Mikhailovich Baranov is an appropriate occasion. Vladimir Baranov’s special talent to unite jurists and become their unofficial leader in working on truly significant problems in lawmaking and law enforcement makes one ponder over personal traits of a scientist and the sense of science of law. Besides his influence on Faculty of Law of Perm State University is undeniable.
ANALYSIS OF THE PERM REGIONAL REGULATORY PLATFORM FOR SUPPORTING SMALL AND MEDIUM-SIZED BUSINESSES IN THE CONTEXT OF THE NEW CORONAVIRUS PANDEMIC (COVID-19)
Authors:   Perm State University, Zakharkina A. V. , Kuznetsova O. A. ,   Perm State University,   Perm Institute of the Federal Penitentiary Service of Russia
Published: December 2023

Abstract: the article is devoted to the scientific and practical analysis of Perm regional measures to support SMEs in the context of the spread of a new coronavirus infection (COVID-19). The article provides a brief overview of the “affected” sectors of the economy by COVID-19, lists Federal and regional measures to support SMEs, analyzes the legal acts of the Perm region in this area, and assesses them. It is concluded that a number of regional norms are ineffective and that it is necessary to find new mechanisms to support SMEs. At the end of the study, the American model of support for SMEs in the context of the spread of a new coronavirus infection is presented.
JUDICIAL PROCEDURE FOR RESOLVING DISPUTES ON THE PROTECTION OF THE RIGHTS OF CO-OWNERS OF EXCLUSIVE COPYRIGHT
Authors:   Perm State University, Martyanova E. Yu.
Published: December 2023

Abstract: the article considers the procedure for resolving disputes arising both within the civil law community of co-owners of exclusive copyright (disputes of the first level) and outside it (disputes of the second level). The level at which a dispute arises in these legal relations determines: the subject of the claim and the means of protection; the procedural form of the dispute, the range of participants in the process and the definition of the procedural role of the co-owner of the exclusive copyright. It is proved that although some disputes with the members of the civil community can be resolved according to the rules of chapters 22.3 of Civil procedure code, 28.2 of Arbitration procedure code, in general, the mechanism of protection of rights and interests of individuals reflected in these chapters are not designed for the resolution of disputes within the civil community, because it ignores features of the rights, complicated by the multiplicity of persons and the nature of the conflict that arises between members of the community. The proposed application of the analogy of the rules of Chapter 28.1 of the APC for consideration of cases on disputes within the community if the provisions of the Chapter on corporate disputes are not inconsistent with the substance of the relationship established between co-owners of right.
THE LEGALLY SIGNIFICANT COOPERATION IN THE CATEGORICAL SYSTEM OF RUSSIAN CIVIL LAW
Authors:   Perm State University, Fedoseev A. A.
Published: December 2023

Abstract: social cooperation acquired legal significance when it became regulated by civil law as the principle of assistance (cooperation) to the parties to the obligation. The successful operation of this principle became a prerequisite for appearance of proposals to extend the scope of this principle to all civil relations. According to the author of the article, the specificity of civil legal relations, except for obligation relations, gives reason to believe, that not all imperatives of analyzing principle would be effective and useful in general civil regulations too. Therefore, before formulating the principle of cooperation, as a general principle of Russian civil law, it is necessary to conduct a more detailed study of the legally significant cooperation as a category of civil law. The author analyzes the content of this category, trying to find independent elements in it, which would allow us to understand better the phenomenon of the legally significant cooperation and determine its regulatory potential. To sum up, the author concludes that the content of the legally significant cooperation disintegrates to three independent categories – the cooperation as a condition of relationship, the cooperation by action and the information cooperation.
FAMILY IN THE LEGAL SENSE
Authors:   Institute of Managerial Education in Academy of Public Administration under the President of the Republic of Belarus, Khaletskaya T. M.
Published: December 2023

Annotation: family is a key concept of the family law. However, today there are different views with regard to the questions of what a family is and whether a family or its individual members are subjects of legal relations (including property relations) in the professional literature and in the legislation. At the same time, the answers to these questions are of scientific and practical importance, since without having a clear understanding of the subjects of property relations in the family it is impossible to understand the mechanism of their legal regulation. The subjects of legal relations significantly determine their features. Interacting with the participants of social relations, the law forms the specific nature of legal relations based on their participants. The doctrinal approaches to understanding of characteristics of the family as a legal phenomenon are analyzed; the problem of determining the legal personality of the family is discussed; the conclusion that the family is not an independent legal subject, but is a legal fiction that makes it possible to unite individual subjects of property relations in the family, i.e. family members, is made and explained in the article.
NEGATIVE FACTORS OF PRODUCTION OF FORENSIC EXAMINATIONS
Authors:   Institute of Economics and Law (branch) ETUE HPE ‘Academy of Labour and Social Relations’, Moiseev A. M. , Panko N. A. ,   Kuban State Agrarian University named after I. T. Trubilin
Published: December 2023

Annotation: the negative factors affecting the process and results of the expert examination have been considered. The negative nature of the factors of production of the expert examination is related to obstruction of the investigation carried out by falsification, destruction or modification of the expert examination objects. An informational approach to neutralization of the negative factors has been implemented. The information vulnerability of the features of studied objects, information systems and networks, other information carriers has been shown. The criteria for evaluation of the information content of the studied features have been specified. Among the negative factors, the veiled nature of the features, the multiplicity of the studied objects, the imposition of collective belief and others have been highlighted. The effectiveness of the realization of the expert’s right to initiative in terms of overcoming the negative factors has been confirmed. The forensic and expert technology has been recognized as the organizational means of its implementation. The necessity of including in their structure a block of operations to identify and eliminate the negative factors of production of expert examinations has been shown.
THE PROFESSIONAL DEFORMITY AND CONFLICT POTENTIAL IN TRANSPORT JUSTICE (1941–1957)
Authors:   Surgut State University, Shkarevsky D. N.
Published: December 2023

Abstract: during the 1940s–1950s, there were a large number of examples of professional deformation of employees of the transport justice system. The author identified several groups: domestic corruption of employees, corruption and abuse of power, conflicts within the transport justice system and with other authorities, accompanied by the involvement of compromising materials. During the great Patriotic war, the conflict potential in the transport justice system was at a low level. After the war, major conflicts broke out here. They were caused by a number of objective and subjective factors. In them, the leadership of the justice authorities was defeated. It was replaced. In the first half of the 1950s, the conflict potential decreased. In 1955–1957, there were practically no conflicts in the justice system. The issue of their elimination was actively discussed. The identified trends are noted against the background of improvement in the main personnel indicators. It can be assumed that after the end of the great Patriotic war, a new generation of employees entered the transport justice system. It entered into a competition with the older generation. They used to collect incriminating materials.
TO THE QUESTION ABOUT THE CONCEPTS OF CITIZENSHIP
Authors:   Perm State University, Aristov E. V. , Larionova M. A. ,   Perm State Humanitarian Pedagogical University
Published: December 2023

Abstract: the modern concept of citizenship is undergoing serious changes, accompanied by the crisis phenomena of the individual's selfidentification, the exit of legal regulation exclusively from the national to the supranational level. The emergence of a new concept as "investment" citizenship, creating conditions for the formation of a new type of citizen, responsible to the state not only by virtue of political ties, but economic ones. All these issues aroused the interest of the authors, to turn their attention to new concepts of citizenship, in terms of statism, supranational citizenship and commodification of citizenship. The authors have made some conclusions that indicate a trend towards the formation of "global" citizenship. However, at this point in time, the exclusivity of citizenship as a state phenomenon remains in Russia.