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Vol  5 - No 4 (2020)

ACTUAL PROBLEMS OF MODERN LAW

  Slesarev Vladimir L., Kravets Viktoriya D.

  • PROBLEMS OF THE LEGAL CAPACITY OF THE BODIES OF A LEGAL ENTITY

Annotation: The article is devoted to the study of the legal nature of the bodies of legal entities and the special features of their legal capacity. These issues have acquired particular relevance in the light of the reform of civil legislation, which made it necessary to determine the place of bodies of legal entities in the system of corporate relations. The article analyzes doctrinal research and litigation practice on research issues. On the basis of the analysis carried out, the authors come to the conclusion that the body of a legal entity is a part of it, endowed with some elements of legal capacity. The body consists of members of this social entity, who, thanks to the body, its legal capacity elements, acquire the status of a citizen - a member of the governing body of a legal entity.

Thus, the legal structure of the body of a legal entity makes it possible to achieve the optimal distribution of the legal capacity of a legal entity between its constituent parts (bodies), as well as to personify it by endowing an individual - a member of the body of a legal entity with a special (intraspecific) legal status with corresponding rights, duties and responsibilities.

Key words: persons of civil law, legal capacity, legal entity, body of a legal entity, corporate relations.

 

 Zeveleva Elena A., Akhmadiev Artur K., Lepilin Sergey V., Tretyakova Natalia M.

  • FORMATION OF THE PRINCIPLES OF CIVIL AND LEGAL REGULATION OF ENVIRONMENTAL SAFETY

 Annotation. The problems of environmental safety in the field of special nature management during the period of Russia's independence were studied not only by representatives of legal science, but also by other sciences. At the same time, such studies are useful for a better understanding of the main problems in the relevant field, which will make it possible to formulate reasonable proposals for overcoming them by legal means. Thus, in the field of subsurface use, Yu. V. is a representative of the science of public administration. Bokovikova examines the organizational mechanism of state management of the use of mineral resources, within which it is pointed out the need to take into account the environmental component of subsurface use, the transition to energy-saving technologies, the creation of conditions for the effective development and implementation of scientific and technical programs and high-tech technologies. The methodological basis for the study of the effectiveness of the activities of enterprises-users of natural resources in the Moscow region, including the use of mineral resources, conducted by M. M. In particular, the concept of ecological and safe use of natural resources, as well as the concept of sustainable development, has become popular in Petrovtsy.

Keywords: Water use, research, provision, environment, environmental regulations.

 

 Bogachev Mikhail Y., Zabaykin Yuri V.

  • THE SCHENGEN ACQUIS IN EUROPEAN UNION LAW

 Annotation. One of the important prerequisites for integration on the European continent was the deepening of interstate cooperation to meet common economic and political interests. Gradually, with the development of integration processes in Europe, it became necessary to establish cooperation in other areas of public relations. These areas include cross-border, social, foreign policy, financial, humanitarian, and so on. The deepening integration of States within the European communities led to the creation of the Schengen Area in order to ensure the free movement of persons and the abolition of controls between the internal borders of the European member States of the European Union (hereinafter referred to as the EU). The legal regulation of relations within the Schengen area is carried out through international treaties and acts of the EU bodies that formed the Schengen acquis. The 1997 Amsterdam Treaty establishing the EU integrated the Schengen acquis into the EU acquis. This mechanism has proved to be ineffective in countering the entry of illegal migrants into the EU and requires further improvement.

Key words: economy, EU, integration, Schengen area.

 

 Karandaeva Tatyana S.

  • CIVIL LAW REGULATION OF ENVIRONMENTAL MANAGEMENT ACTIVITIES

 Annotation. The program legislative act of the branch direction should be recognized as a National target program for the development of water management and improvement of the Volga River basin. The purpose of this regulation is to define the main directions of state policy in the field of water management to meet the needs of the population and sectors of the national economy in water resources, the preservation and reproduction of water resources, introduction of integrated water resources management at the basin principle, recovery the role of reclaimed land in the food and resource security of the state, the optimization of water consumption, prevention and liquidation of consequences of the harmful effects of water. As can be seen from the above, as an integral goal of the National Target Program for the Development of Water Management and Improvement of the Volga River Basin for the period up to 2021, the improvement of the legal framework for ensuring environmental safety in the relevant area when acquiring and exercising the right of special water use is not defined. At the same time, among the tasks and activities of this program, defined in its eponymous section, only those related to the main waterway of Russia – the Volga River-are identified.

Keywords: target program, water use, measures, water management, water consumption.

 

 Kuczkowska Natalia V., Uzbekova Alsu M.

  • CIVIL-LEGAL FEATURES OF THE IMPLEMENTATION OF ENVIRONMENTAL INITIATIVES

 Annotation. V. I. Andreytsev was the first representative of the science of environmental law in the period of Russia's independence to study the legal provision of environmental safety. In particular, the scientist continued to study the theoretical problems of legal support for the effectiveness of environmental expertise, which resulted in his doctoral dissertation research, defended in 1992. In this study, a thorough analysis of environmental expertise as a real mechanism for ensuring environmental safety was carried out. Exactly V. I. Andreytsev was one of the first in the Russian science of environmental law during the period of independence to declare the importance of ensuring environmental safety. The scientist, critically analyzing the provisions of the Law of Russia" On the Protection of the Natural Environment " regarding the tasks of the relevant legislation and objects of legal protection, pointed to a separate status of environmental safety for the protection of the natural environment, and focused on the importance of special state protection of life and health of people from the negative impact of adverse environmental conditions. At the same time, it was found that the legislator did not take sufficient account of this importance.

Keywords: Environmental safety, independence, security, environment, management.

 

 Melnikova Nadezhda P.

  • GREENING OF CIVIL LAW NORMS

 Annotation. A vital condition for human existence is the presence of a safe environment as a combination of natural and anthropogenic objects, conditions and factors that surround it. The guarantee and protection of these benefits is carried out primarily through the normative consolidation and implementation of the human right to a safe environment for life and health, which in the doctrine of environmental law is called the right to environmental safety. At the same time, the state of environmental pollution in Russia, which has signs of an environmental crisis, causes massive violations of the right to environmental safety, which often have the character of hidden (latent) and do not receive an appropriate response from the state. At the same time, the source of negative impacts on the environment and environmental safety, among others, is also the activities in the field of special nature management, the implementation of which, often due to the neglect of environmental interests, a certain economic effect is obtained. So, in the text of the Basic principles (strategy) of the state environmental policy for the period up to 2020, the Russian government recognized that anthropogenic and technogenic load on the environment in Russia is several times higher than the corresponding rates in the developed world, and among the root causes of environmental problems of Russia - the current system of state management in the sphere of environmental protection and natural resource management. 

Keywords: environmental protection, danger, legal regulation, process, natural environment.

 

 Usacheva Elena A.

  •  GENDER DIFFERENTIATION IN THE RIGHT TO ACCESS TO SURROGACY: DISCRIMINATION OR FUNCTIONAL INEQUALITY?

 Annotation. In the article the author examines the current Russian legislation for the presence of gender differentiation in the right to access surrogacy programs and the grounds for such differentiation. On the basis of the systemic and teleological interpretation of legal norms it is concluded, that there is a significant public interest in the relationship on access to surrogacy - the protection of morality. The standards of morality in this area are analyzed. It is concluded that it is advisable to use a permissive type of legal regulation when regulating access to surrogacy programs.  It was established that the current Russian legislation prohibits a single man from accessing surrogacy programs as not directly permitted, while gender differentiation is based on functional sex differences and does not have a discriminatory nature.

Key words: surrogacy; gender equality; types of inequality; assisted reproductive technologies; public interest.

 

 Shepelev Denis V.

  • DIGITALIZATION IN MODERN RUSSIA: WAYS AND PROSPECTS

 Annotation. The relevance of the article emphasizes that modern technologies create new conditions and factors for the emergence and termination of social relations, reflected in new phenomena and phenomena of modernity. The ongoing challenges, emerging requirements entail changes in the legal environment, and digital processes are denounced in legal forms, fixed by the norms of law.

The purpose of the presented research is to analyze the current state and prospects of mutual influence of digitalization and law. The law is considered as a "conductor" of digital technologies in two areas – in public administration and in the economy, which predetermined the tasks of the study: to consider the relationship of digitalization, law and public administration, to characterize the interaction of digitalization, law and economy.

The key issue, it is noted that right in the context of digitalization provides for the development and implementation of ideas "service" state and the digital government by combining the internal and external spheres of governance, which is reflected in the bylaws of a software nature (e.g., Strategy, priority programmes, concepts), Federal laws, legal acts of Executive authorities.

The article includes sections devoted to the creation by digitalization of new forms and means for the acquisition, modification and termination of subjective rights and legal obligations of participants in civil turnover, where the law retains its main functions – regulatory and protective, but transforming their forms and means.

The article concludes that the processes of mutual influence of law and digitalization have not only practical, but also theoretical significance. At the same time, the law provides state policy on the development of digital technologies and informatization in public administration and the economy.

Keywords: digitalization, modern Russian state, digital processes, legal forms, legal norms, law, russian legal system, digital technologies, digital government

 

 Zhang Chi

  • THE PLACE AND ROLE OF ENVIRONMENTAL SAFETY IN CIVIL LAW RELATIONS

Annotation. In an objective sense, environmental safety is the state of the environment, that is, a certain result of activities aimed at ensuring such a result. Therefore, it is precisely on the correct definition of the content and components of this provision that it depends whether its result will be achieved, what is actually environmental safety. So, in our opinion, it is important to have a clear understanding of the category of "legal provision of environmental safety". The category " legal provision of environmental safety in the doctrine of environmental law is revealed through the organizational and legal forms and the mechanism of such provision, which, in turn, is implemented through a set of certain means. So, these forms are encouraged to understand indirect legal regulation and organizationally separate types of functional activities of organizational specially authorized state institutions, and other institutions to implement the organization, coordination, order, agreement, communication, licensing, certification, control, and other functional administrative actions, and authorization to ensure compliance with all legal and physical persons, government requirements, rules and regulations environmentally safe. This indicates that these forms are an integral part of the mechanism of state-legal environmental safety and provide two main clusters corresponding provision: a coherent organizational and legal structures for the implementation of legislation on environmental safety and organizational environmental security under the prevention (prophylaxis) of environmental risk and elimination of consequences of its manifestations. The legal organization of ensuring environmental safety is recognized as the central link in the implementation of regulatory requirements, norms and standards of environmental safety in the system of relevant legal relations.

Keywords: environmental safety, environmental risks, elimination of consequences, regulatory requirements, norms.

 

 Theory, history and practice of legal regulation of public relations

 Vasilyeva Oksana N.

  • ON THE ISSUE OF REGISTRATION AND ACCOUNTING OF COMMERCIAL AND NON-PROFIT ORGANIZATIONS

 Annotation. The author of the article conducts a comparative analysis of the registration and accounting of commercial and non-profit organizations. Information on registration during the creation, reorganization and liquidation of both commercial and non-commercial organizations is mandatory reflected in the Unified State Register of Legal Entities. The article deals with the issues of refusal to register a legal entity.

Keywords. Legal entities, commercial and non-commercial organizations, accounting, registration, registration authority.

 

 Zeveleva Elena A, Lepilin Sergey V. Tretyakova Natalia M.

  • THE MAIN APPROACHES TO THE STUDY OF CIVIL LAW RELATIONS IN THE THEORY OF ENVIRONMENTAL LAW

 Annotation. It is advisable to start a thorough theoretical study of the legal problems of ensuring the environmental safety of special nature management by highlighting the development of scientific legal research on the relevant issues. Taking into account the content of these studies, we consider it appropriate to conditionally distinguish their four historical periods: from the 1960s to 1982, which is characterized by the evolution of scientific and legal approaches from the regulation of rational use of natural resources to ensuring the safety of the human environment; from 1982 to 1991, in which ongoing research issues of human security in the separate spheres of its activity and ends with the adoption of the Basic law, which determines the priority of environmental safety, and independence of Russia; since 1991 and 2002 is characterized by early studies of the legal environmental security in the conditions of an independent state that logically completes the publication of the first special work "the Right to environmental security»; from 2002 to the present, within the framework of which research is carried out on the legal provision of environmental safety in certain areas of society's life. 

Keywords: Environmental safety, problems, legal research, rational use of natural resources, legal regulation.

 

Karandaeva Tatyana S.

  • COMPLIANCE WITH THE REQUIREMENTS OF THE LEGAL NATURE IN THE IMPLEMENTATION OF THE PROVISIONS OF ENVIRONMENTAL SAFETY

Annotation. The requirement of legal certainty regarding the legal nature of ensuring environmental safety in the area under study. We believe that it represents the activity of authorized entities regulated by the norms of environmental law, within which the appropriate means of ensuring are implemented. In turn, it is advisable to consider the environmental safety of special nature management as the state of the environment achieved as a result of the implementation of standard-defined means of ensuring it, in which there are no negative impacts on the life and health of the population. In addition, it is advisable to consider the processes of ensuring environmental safety and implementing special environmental management as forms of manifestation of the environmental and economic components of sustainable development, respectively, which need to be balanced by legal methods based on the priority of the first of these components. The types of special nature management, in the implementation of which it is necessary to ensure environmental safety, should be recognized as those that are characterized by the presence of environmental risk. Thus, the species of this risk, should be distributed according to: - the origin (due to use of contaminated resource or because of the characteristics of a particular activity on the use of such a resource); - scale (distribution on a given territory, population) and features and danger of risk and the likely consequences of such events (chemical, physical, medical, genetic, etc.); - the degree of probability of manifestation.

Keywords: environmental management, types of risk, resources, processes, environmental safety.

 

Klimova Olga G.

  • LEGAL REGULATION OF ENTREPRENEURIAL ACTIVITIES IN RUSSIA AND SIBERIAN BUSINESS PRACTICE SECOND HALF OF THE XIX - BEGINNING XX CENTURY

Abstract. The article presents an analysis of the legal acts of the Russian state of the pre-revolutionary period, on the basis of which the legal regulation of commodity-money social relations was carried out. The role of Russian legislation in the development of the state is reflected, and the main directions and features of entrepreneurial activity in Siberia are considered. Based on a significant range of published works, regulatory and legal sources concluded that the current legislation contributed to the change and improvement of the economic policy of Russia, actively influenced the development of trade and entrepreneurship, improved the forms, methods and organization of work of trading houses and other objects of economic activity. The role of Siberian entrepreneurs in the social and economic development of Siberia has been confirmed.

Keywords: entrepreneurship, XIX century, partnership, trade house, joint-stock company, charter, law. 

 

 Meylis Ekaterina B.

  • POLITICAL AND LEGAL PRECONDITIONS FOR THE ENTRY OF ABKHAZIA INTO THE RUSSIAN EMPIRE DURING THE PERIOD OF THE TURKISH SULTANATE (XVI - EARLY XIX CENTURIES)

Abstract. The article examines the main aspects of the political and legal structure of Abkhazia in the 16th - early 19th centuries under the influence of the Turkish sultanate. This period is of particular research interest, since it indicates the independent nature of the development of the Abkhaz statehood, which determined, among other things, the prerequisites for joining the Russian Empire.

Keywords. Тhe state and law of Abkhazia, the sovereignty of Abkhazia, the entry of Abkhazia into the Russian Empire.

 

 Novitskaya Ludmila Y.

  • SOME PROBLEMS ARISING IN TNE FRAMEWORK OF THE INSOLVENCY (BANKRUPTCY) PROCEDURE OF LEGAL ENTITIES

Annotation: The bankruptcy procedure is one of the most difficult in Russian practice. Due to the large volume of normative legal acts regulating the legal relationship in question, gaps in the law very often arise, as a result of which the rights of bona fide participants in the process are violated. This article examines the most common cases of abuse of procedural rights, identifies gaps in the law that must be eliminated as soon as possible. The issue of holding the bankruptcy commissioner liable for improper performance of duties was also considered. As a result of such unjustified actions (inaction), the bankruptcy estate of the debtor decreases, which will not allow satisfying the creditors' claims in full.

Key words: bankruptcy, register of creditors' claims, bankruptcy commissioner, bankruptcy commissioner, debtor, liability, invalidation of transactions, limitation of actions.

 

Shenderov Vladimir I., Bogachev Mikhail Y., Zabaykin Yuri V.

  • ARBITRATION JUSTICE IN THE MODEL OF JUDICIAL PROCEEDINGS

 Annotation. Historically, arbitration justice has developed several models of legal proceedings that have contributed to the reconciliation of the parties and the provision of justice. Analyzing the arbitration practice, it is possible to distinguish a compromise, mandatory and judicial model of legal proceedings. They supplemented or replaced each other depending on the ability of the arbitration body to satisfy the claims of the parties, the requirements of the time and international law. In particular, the compromise model was used mainly in the Ancient World in situations where the return of the status qwo was impossible or the parties were inclined to settle and agreed to compensation that was not related to the subject of the dispute (gifts, promises, forgiveness, etc.). The prerequisite for the emergence of a binding model of arbitration justice was the status of an arbitrator (arbitration body), and this required the involvement of authoritative judges – representatives of dominant entities or institutions-in the settlement process. The participation of the monarchs or representatives of the higher clergy represented the will of the third party as dominant and guaranteed the adoption of a fair decision and reconciliation in general.

Keywords: arbitration court, court proceedings, application, decisions.

 

 Shepeleva Dina V.

  • STATE AUDIT IN THE RUSSIAN FEDERATION: FEATURES OF IMPLEMENTATION

Annotation. The relevance of studying the features of the implementation of state audit in our modern state is not in doubt, since in recent years the priority of the role in the preservation and efficiency of the use of public funds has been repeatedly emphasized by strategic acts of the state. A state audit differs significantly from an independent audit. What is common here is only the goal-to achieve truth and reliability in the course of conducting control.

Therefore, the main purpose of this study will be to study the main features of state audit – its implementation exclusively by power and administrative methods through the activities of accounting and control bodies at all levels of the federation.

The key problem of consideration will be the conduct of state audit of exceptional specific authorities, and mainly these are accounting and control bodies. As a direct expression of the control activities of the state, it allows it to assess and analyze the state of its financial resources. The priority task here is to increase the efficiency and effectiveness of the implementation of budget funds.

In this connection, the study of the types of state audit, their procedures for conducting and implementing it becomes particularly relevant. The article includes sections devoted to the analysis of these stages, namely, how the state audit is appointed, how it is conducted, which documents and indicators are analyzed and evaluated during the audit, which signs of the financial activity of the object are key and which acts are drawn up according to the result of the state audit.

The conclusions of the article note that among the categories of "state audit" include various independent types of state audit, including the strategic, financial, and performance audits discussed in the article. They are implemented by accounting and control authorities at all levels – local, regional, federal and at the same time, independent of each other.

Keywords: контроль, надзор, финансовый контроль, государственный финансовый контроль, государственный аудит, аудит эффективности, стратегический аудит, этапы государственного аудита.