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Vol  8 - No 1 (2023)

THEORY, HISTORY AND PRACTICE OF LEGAL REGULATION OF PUBLIC RELATIONS

ALEKSEY P. ALBOV

  • THE LEGAL SYSTEM OF RUSSIA AS THE BASIS OF THE SOVEREIGN REGIME OF LEGALITY

Abstract.  The article examines the reasons for the transition to a new paradigm of economic, political and humanitarian relations, which determined the need for a reassessment of established theories; it is proved that almost all subjects of legal relations are involved in this process: personality, civil society institutions, state bodies, national-state entities; new models of the effectiveness of all previously created systems are being formed: political, legal, ideological, humanitarian, etc.; it is given not just an assessment of their effectiveness in terms of solving national tasks, but also from the point of view of the reliable functionality of the systems themselves, contributing to ensuring a qualitatively different level of performance of all state functions that ensure sovereignty and security; various aspects of the implementation of legality are shown: on the one hand, the formation of an understanding of the regime of legality is a certain dynamic balance of public relations based on legal awareness and legal culture of society; on the other hand, the rule of law is implemented, taking into account national traditions and legal values, which allows us to talk about such a concept as a "sovereign regime of legality".

The purpose of this article is to analyze the functioning of the Russian legal system, to identify the role of legal awareness in ensuring the dynamic balance of the system, to identify the direction of the formation of a sovereign regime of legality; to study the mechanisms of inclusion of the legal system in the national security system as a factor in ensuring the sovereignty of the legal system of the state.

The methodological basis of the research consists of the principles of a comprehensive analysis of the legal consciousness and sovereignty of the legal system as a factor of national security, such general scientific methods of cognition as: analysis and synthesis; qualitative and quantitative analysis, the method of classification of state-legal phenomena, the method of formal legal, analytical processing of scientific material, its commenting, systematization and classification. At the same time, the author was guided by the principle of studying the logical characteristics of the subject taken in its historical development.

Conclusions obtained in the course of the analysis studied during the analysis: socio-political changes contribute to the expansion of the sphere of influence of social norms, their filling with new unique content; traditional spiritual and moral paradigms should matter not less, but more than the legal force of the law, this is the main conclusion of the study of legality and the problem of the influence of the national system of social norms on strengthening the rule of law, and consequently, the increase of the moral potential of the Russian multinational people.

Keywords: system of law, regime of legality, moral and legal values; sovereignty.

 

Evgeniy M.Terekhov

  • ANALYSIS OF THE ESSENCE OF A CATEGORY «OFFICIAL INTERPRETATION OF LAW»

Abstract. Currently, the category of «official interpretation of the rule of law» is actively developing in legal science, its system is being studied, and key trends are being identified. One of the important systemic characteristics of the official interpretation of the rules of law is its essence, the scope of which is not significant. Despite the fact that the first mentions of the essence of the official interpretation of the norms of law were noticed in the works of pre-revolutionary scientists, today there has not been a significant shift in their subject analysis. All this indicates that the characterization of the essence of the official interpretation of the rules of law is an urgent task of legal science. The main purpose of the study is to try to systematize ideas about the essence of the official interpretation of the law, as well as to identify and characterize the parties that are part of it constructively. The key problem identified in the presented work is the lack of a unified legal position on the content of the essence of the official interpretation of the rules of law, which could enhance its significance in the mechanism of legal regulation. The author not only indicates his vision of the problem, but also offers its solution by highlighting the formal and functional sides in the essence of the official interpretation of the law. According to the results of the study, attention is drawn to the priority of the functional side in the essence of the official interpretation of the law, through which it is possible to consider specific approaches to the essence of the official interpretation of the law: as an activity; as a system; as a special feature; as a procedure as an instrument of the legal policy of the state, etc.

Keywords: legal activities, law-interpret activities, interpretation of law, clarification, explanation, interpretative act, interpretive practice.

 

RUSSIAN AND WORLD PROBLEMS OF CRIMINAL SCIENCE

 Maxim V. Afanasyev

  • PREVENTION OF THE COMMISSION OF REPEATED CRIMES AMONG THOSE SENTENCED TO PUNISHMENTS NOT RELATED TO ISOLATION FROM SOCIETY AS AN INTEGRAL ELEMENT OF THE PROTECTION OF INDIVIDUAL RIGHTS

Abstract. The subject of the study is the regulations governing the mechanisms for preventing and preventing the commission of repeated crimes among those sentenced to punishments that are not related to isolation from society in terms of protecting individual rights. The purpose of the article is a comprehensive analysis of the forms and content of preventive measures used in the activities of law enforcement agencies that exercise control and supervision over the execution of punishments that are not related to the isolation of convicts from society. The study used methods of structural-functional, terminological and comparative legal analysis, and generalization, analogy and typology were used as means. Methods of comparative analysis and systematization were used to describe the essence of preventive measures. The article provides examples of activities carried out to effectively prevent re-crime, and reveals their essential and organizational features. The statistics of the number of repeated crimes committed among convicts is presented. Directions are outlined in the activities of penitentiary inspections to prevent and prevent the commission of repeated crimes among those sentenced to punishments not related to isolation from society, the implementation of which will increase their effectiveness.

Keywords: prevention of offenses, preventive surveillance, preventive measures on convicts, organization of interaction of law enforcement agencies with prevention agencies.

 

Svetlana M. Kurbatova

  • THE USE OF A COMPENSATORY APPROACH IN CRIMINAL PROCEEDINGS TO ENSURE THE RIGHTS OF PERSONS WITH DISABILITIES

Annotation. The relevance of the topic is due to the fact that currently the Russian criminal procedure legislation does not regulate the specifics of the participation of persons with disabilities. As a result, insufficient attention is paid to this in the science of criminal procedure.

The main purpose of the article is to draw attention to the need to ensure the rights of participants in criminal proceedings from among persons with disabilities.

Among the problems considered are the category of participants in criminal proceedings from among persons with disabilities, their proper participation in criminal proceedings, criminal procedural capacity, its types, grounds and procedure for restriction, granting participants with limited legal capacity a special procedural status, guarantees to persons with limited criminal procedural capacity.

The main methods are general scientific, as well as systematic, formal legal and other. In particular, the author's compensatory approach is proposed for use

Conclusions – it is necessary to conduct a comprehensive study of participants in criminal proceedings from among persons with disabilities and the specifics of their participation, with the allocation of this as an independent institution of criminal procedure.

Keywords: criminal procedural capacity, persons with disabilities, special criminal procedural status, proper participation, guarantees.

 

STATE LEGAL REGULATION OF PUBLIC RELATIONS

Oksana N. Vasilyeva, Ksenia F. Kozlova

  • INCREASING CONTROL OVER SMALL AND MEDIUM-SIZED BUSINESSES AS A DETERRENT TO THEIR DEVELOPMENT

Abstract. The relevance of the problems of the article is determined by the novelty of the issues under consideration related to ensuring the interests of SMEs in conducting control and supervisory activities.

The main goal is to analyze legislation, law enforcement practice, and the doctrine of state control.

The problems under consideration. This article examines state control over entrepreneurs as a deterrent to business development. Often, employees of state bodies abuse the powers granted to them and thereby violate the rights of entrepreneurs, including during inspections. At the same time, there is Federal Law No. 294-FZ of 26.12.2008 (ed. dated 08.03.2022) "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control", which for some reason does not extend its effect to a number of certain types of business inspections. However, in order to improve the system of state control over entrepreneurs and avoid violations in this area, it is necessary to extend the effect of this legislative act to all types of control.

The methods used. Along with the set of methods of scientific cognition, the authors applied logical, dialectical, logical, formal-legal and historical-legal methods. The authors also used techniques such as abstraction, synthesis and analysis.

Conclusions. The analysis of legislation on state control and regulation of SME activities is given, on the basis of which problem points are identified and ways to solve them are proposed. Violations within the framework of state control are considered and ways of protecting the rights and legitimate interests of an entrepreneur are analyzed.

Keywords: small and medium-sized enterprises, state control, check, entrepreneur, misuse.

 

Natalya Yu. Turischeva, Ekaterina V. Pelyushenko

  • ON SOME ISSUES OF ADMINISTRATIVE RESPONSIBILITY FOR VIOLATIONS OF PRE-ELECTION CAMPAIGN

Abstract. The relevance of the article's problems is determined by the adjustment of the content of the election campaign, which promptly responds to changes in the socio-political situation, as a special type of activity carried out during the election campaign in order to achieve a certain result in the elections. The absence of a requirement for the credibility of campaigning distorts the basic requirements for information disseminated during the election campaign.

The main goal is to study the gaps in legislation in the field of implementing measures of administrative responsibility for violating the procedure for campaigning and making proposals for their settlement.

Problems under consideration. Election campaigning as a stage of the electoral process, which directly reflects the competitive struggle and the alternativeness of elections, helps to reveal the political views of candidates and parties, and helps voters, based on the presented campaign materials, can make their conscious and informed choice. However, the lack of reliability requirements for the disseminated campaign materials leads to the possibility of misleading voters and forming an incorrect idea about candidates and parties.

Based on the established restrictions and prohibitions during campaigning, the article discusses the most common offenses that entail administrative liability measures, with the provision of statistical data on administrative offenses for the election period that took place on a single voting day on September 11, 2022.

Used methods. Along with general scientific methods, special legal methods were also used: comparative legal, systemic, functional, statistical analysis, etc.

Conclusions. The authors come to the conclusion that, taking into account the demands of modern society formed by the current political agenda, there is a need to tighten the measures of administrative responsibility for violations during campaigning, as well as to further improve the very institution of election campaigning. A proposal is made to supplement the electoral legislation with provisions establishing the need to confirm the authenticity of campaign materials of candidates. These changes are aimed at broad and complete information support of the election campaign, holding open and competitive elections.

Keywords: administrative responsibility, political advertising, election campaigning, reliability of information, offense, conscious choice, measures of responsibility.

LEGAL REGULATION OF ECONOMIC ACTIVITIES

Roman A. Ambartsumov, Sergey V. Petuhov

  • THE RELATIONSHIP OF INVALIDITY OF LEGAL TRANSACTIONS AND SUBSIDIARY LIABILITY OF CONTROLLING PERSONS

Abstract. The relevance of the article is due to the fact that contesting the debtor's transactions and subsidiary liability of controlling persons are among the few effectively operating institutions within the framework of bankruptcy legislation. In turn, the establishment of provisions that exclude legal uncertainty in their use is a priority for the entire civil turnover.
The purpose of the study is to determine the connecting elements of institutions challenging the debtor's transactions and subsidiary liability of controlling persons.
The main problem is the unreasonably large-scale use of evaluative concepts, which significantly complicate the consistency of the law enforcement officer when using the institutions in question.
Research methods. Analysis, synthesis, formal legal and comparative legal methods
Conclusions. The fundamental "points of contact" of the institutions of contesting the debtor's transactions and subsidiary liability of controlling persons have been identified. The article points out the ambiguity of the practice of expanding judicial discretion, and also gives an assessment of future novels in the field of challenging the "chain of transactions".
Keywords: challenging the debtor's transactions, subsidiary liability of controlling persons, good faith, bankruptcy, creditors, profit center, loss center, presumptions.

 

Alexander V. Malyushev, Viktoriia G. Sinelnikova

  • RESPONSIBILITY OF MARKETPLACES FOR VIOLATIONS OF INTELLECTUAL RIGHTS

Abstract. Along with the emergence of special platforms for online trading, the number of cases of trademark forgery and other violations of intellectual rights has increased.
As a result, marketplaces in Russia and abroad faced a constant series of lawsuits filed by owners of trademarks and other results of intellectual activity, which underlines the relevance of the issue under study.
The article analyzes the current state of legislation, judicial practice, as well as various approaches to the responsibility of marketplaces in order to identify the optimal one among them.
Using general scientific, as well as comparative and formal legal methods, the authors come to the conclusion that at present neither Russian nor European courts have developed a uniform approach to evaluating the actions of marketplaces.
This fact emphasizes the importance of research of the activities of marketplaces.

Keywords: intellectual property, marketplace, informational intermediary, copyright holder, trademark.

 

Andrey S. Sobachkin

  • NEW RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION ON COMPENSATION FOR MORAL DAMAGE: ANALYSIS OF INDIVIDUAL PROVISIONS

Abstract. The relevance of the topic of the article is due, on the one hand, to the significance of compensation for moral damage as a universal method of protecting civil rights, on the other hand, to the novelty of the Resolution under consideration by the Plenum of the Supreme Court of the Russian Federation.

The main purpose of the study is to analyze the explanations adopted by the supreme judicial body of Russia concerning the practice of applying the norms on compensation for moral damage. The article identifies the strengths and weaknesses of the Resolution, compares its provisions with previously valid explanations. During the research, both general scientific methods (analysis, synthesis) and special legal methods (formal legal, comparative legal) were used. According to its results, the conclusion is made about the high quality of the work on the generalization of judicial practice done by the Plenum of the Supreme Court of the Russian Federation, which, however, will not lead to the solution of the most acute problems of legal regulation of public relations related to the compensation of moral or physical suffering. Achieving better results in this area is possible only by making changes to civil legislation.

Keywords: compensation for moral damage, moral or physical suffering, intangible benefits, personal non-property rights, Plenum of the Supreme Court of the Russian Federation.

 

Anastasia E. Pyatkina

  • THE PRACTICE OF CONSIDERATION BY COURTS OF DISPUTES ARISING FROM THE ACTIVITIES OF MFO

Abstract. The relevance of the problems of the article is determined by the current trends in the formation of judicial practice on disputes arising from the activities of MFIs. The main purpose of the study is to analyze the legal regulation of the activities of MFIs, as well as the consideration of the main categories of cases that are considered by the courts, on the basis of which the main conclusions about the legal regulation of the activities of microfinance organizations in Russia are formed.
The methods used. In addition to general scientific methods, the following methods were used as research methods when writing the article: the method of comparative legal analysis, synthesis, generalization, normative and dogmatic method.
Conclusions. Conclusions were drawn that modern practice is following the path of forming a unified policy related to the tightening of legal regulation of the activities of MFIs. Based on the analysis, it was concluded that it is necessary to regulate in more detail the issues of the activities of MFIs, restrictions on microfinance activities and the procedure for challenging the unfair behavior of participants in such legal relations in the conditions of the complicated economic situation in the country.

Keywords: microfinance, microfinance organizations, debt, litigation, consumer credit, microcredit.

TRIBUNE OF YOUNG SCIENTISTS

Sofya A. Nikulina

  • ON THE ISSUE OF INVESTMENT ACTIVITY OF BANKS IN RUSSIA

Abstract. The article deals with the investment activities of banks, in particular commercial ones.
The relevance of this topic is determined by the increased demand for the possibility of obtaining passive income, which is interesting for both ordinary citizens and banks. And despite the fact that investment activity is a rather new concept, which is still not sufficiently understood by many people, the active development of this institution is already observed, there are certain results both from commercial banks and from individuals carrying out investment activities with the help of banks.

The main purpose of the work is to identify the problems of investment activities of commercial banks and offer possible solutions.

The problems under consideration. The article discusses two possible options for the investment activities of banks: when they invest with the help of banks and they, in turn, act as intermediaries, and when the banks themselves invest directly. Legal problems are highlighted, as well as economic, as well as some organizational ones that one has to face in the practice of implementing the investment activity itself.

The methods used. In addition to using general scientific research methods, special legal and economic methods will also be applied.

Conclusions. An analysis of the investment activity of both the commercial banks themselves and other persons carrying out investment activities with the help of such banks (as intermediaries) was carried out. Certain problems that have arisen during the implementation of such investment activities were highlighted, and as a result, ways to improve this process were proposed, since investment activity is gaining popularity and is one of the key tools for supporting the country's economy.

Keywords: investment, investment activity, investor, investment activity of banks, bank, commercial bank, investment banking.

 

Dmitriy V. Nuzhdin

  • REAL RIGHTS TO VIRTUAL OBJECTS

Abstract. Relevance. At the present moment, Russian legislation does not provide for the regulation of legal relations related to the civil circulation of virtual objects that possess real material value among the citizens, who, in practice, remain being legally unprotected. In this regard, the extension of the legal regime of real rights to these objects can become one of the possible solutions to the problem.

The primary purpose of the study is to prove particularly the appropriateness of the proprietary-legal regulation of the so-called “virtual civil circulation”.
The article reveals the problems of judicial practice and the application of licensing agreements to the sphere of public relations in question.
Research methods. The main methods of research are comparative-legal, systemic-structural, formal legal and dialectic.
In the conclusion, the author points out the possible prospects of implementation by the legislator of the proposed methods of solving the problem presented, including the sphere of digital economy.
Keywords: civil law, real rights, property, ownership, virtual property, other property, license contract, digital platforms, Internet.

 

Emil Sh. Saliakhutdinov

  • WORLD PRACTICE IN TRANSFER PRICING AND THE POSSIBILITY OF IMPLEMENTATION IN RUSSIA

Abstract. The relevance of this study is because the issue of shortfall in tax revenues in the framework of transfer pricing remains important, due to the novelty of this institution in the Tax Code of the Russian Federation. Within the framework of transfer pricing regulation, issues of interpretation and application of new rules inevitably arise, as well as the formation of judicial practice that reflects regulatory gaps in Russian legislation. The purpose of the study is to analyze and identify the features of foreign legislation on transfer pricing and their practical value in the regulation of Russia. The study examines the problem of the possibility of using the institute of tax control of transfer pricing of world practice, reflected in the OECD Guidelines, in the regulation of Russia.
The methodological basis of a scientific article is the method of materialistic dialectics, general scientific and particular scientific. In particular, the author used comparative legal, formally legal, historical and legal.
The author comes to the conclusion that the world and Russian practices have a common goal of achieving transfer pricing in regulation, so the application of OECD rules could fill some gaps in Russian legislation on taxes and fees, if the logic and economic approach is consistent with the Tax Code of the Russian Federation. Thus, the application of OECD rules will allow tax authorities and companies to more accurately assess the economic impact and apply a more economically logical approach to transactions.

Keywords: transfer pricing, tax control of transfer prices, world practice, OECD Guidelines, implementation.

 

Valeria S. Uimanova

  • EXPERT PROCEDURE AS A TYPE OF ALTERNATIVE PRE-ARBITRATION PROCEDURE

Abstract. Cross-border proceedings of business entities have become an important part of the foreign economic activity of companies. In this regard, the parties, taking into account the nature of the relationship between them, the features of the concluded contract, construct an arbitration agreement in advance, which helps the parties to resolve the dispute. Business entities are increasingly turning to alternative dispute resolution procedures that meet such principles as speed, efficiency and cost minimization. One of the possible arbitration procedures is the procedure of expert trial.
The main goal of this study is to review the expert litigation procedure administered by the international center of the International Chamber of Commerce (hereinafter - ICC) for alternative dispute resolution (hereinafter - ADR), as well as its relationship with the arbitration procedure.
This procedure has its own characteristics, which are revealed as advantages or disadvantages. In connection with the growing interest in pre-arbitration procedures, the author, within the framework of the study, considered problems related to the shortcomings of expert proceedings as a type of pre-arbitration procedure.
The study used general scientific methods: dialectical, logical, functional, analysis and synthesis, also used special methods: comparative legal, logical and legal. The work used the scientific works of Russian scientists on this topic, as well as materials from the International Chamber of Commerce, the American Arbitration Association, and consulting companies.
The study concluded that in order to effectively meet the needs of the parties to quickly and efficiently resolve the dispute, it is necessary to understand the differences between dispute resolution options, in particular alternative pre-arbitration procedures. The effectiveness of using the expert trial procedure depends on the competent settlement of all issues related to it in the contract, and in particular, the question of the relationship of this procedure with the procedure of international commercial arbitration.
Keywords: international commercial arbitration, pre-arbitration alternative procedure, expert trial procedure, arbitration proceedings, international chamber of commerce.