Vol  8 - No 4 (2023)

THEORY, HISTORY AND PRACTICE OF LEGAL REGULATION OF PUBLIC RELATIONS

Svetlana M. Mironova, Zoya G. Litvinenko

TRADE UNIONS FOR THE SELF-EMPLOYED AND PLATFORM WORKERS: EXPERIENCE OF RUSSIA AND FOREIGN COUNTRIES

Abstract. In the context of the gig economy, platform economy, digitalization of all processes, the structure of employment is changing and the forms of labor relations are changing, non-standard forms of employment are emerging, and instead of concluding employment contracts with employees, companies prefer to enter into civil contracts. Forms of employment such as self-employment and platform employment are emerging. The position of such workers is less protected in terms of their rights and the guarantees provided to them. There is a need to ensure the rights of workers employed in self-employment or platform employment. And one of these tools could be their support from trade unions. The purpose of the study is to familiarize ourselves with the experience of Russia and a number of foreign countries in the regulation and practice of legal protection of collective rights of self-employed and platform workers through trade unions.
The research materials included regulations, judicial practice, statistical data, as well as data from trade unions of a number of foreign countries (Germany, Spain, Great Britain) and the Russian Federation. The comparative legal method and methods of formal logic (analysis, synthesis, generalization, induction, deduction, etc.) were chosen as the main research methods.
At this stage of development of platform employment and the work of self-employed citizens, it is necessary to resolve issues related to the protection of their rights through trade unions, the introduction of collective bargaining and the conclusion of collective agreements between such workers and the digital platforms through which they work. Platform workers and self-employed people are the weaker side in interaction with the platform, since, as a rule, they are forced to agree to those conditions for the provision of services / performance of work that are less profitable for them, and often even enslaving.
Practice shows that while the legal status of “independent contractors” is not fully regulated, their ability to protect their rights through a trade union is not always supported in court, which also requires regulatory establishment.
Such interaction between trade unions, platforms and their workers with non-standard forms of employment requires its legal regulation and enshrinement in national employment legislation, and appropriate changes to the legislation on trade unions.
Keywords: employment, self-employment, platform employment, platform workers, trade unions.

Vladimir M. Lensky, Arkady I. Kochkarev

PROBLEMATIC ISSUES OF PREVENTION OF ALCOHOL CONSUMPTION BY PERSONS DRIVING VEHICLES

Abstract. The article discusses various ways to prevent intoxicated persons from driving vehicles, and makes proposals to consolidate such measures in the domestic legal system.
The relevance of the article is due to the attention being drawn to the category of "sober driver" and insufficient legal regulation of preventive measures aimed at suppressing driving under the influence of alcohol.
The main goal is the establishment and legislative regulation of preventive measures to prevent the driver from using a vehicle under the influence of alcohol.
The problems under consideration are the lack of comprehensive consolidation in the legislation of the Russian Federation of preventive measures to prevent driving under the influence of alcohol.
The methods used. In the article, along with general scientific methods, comparative legal, formal logical, and other approaches were used.
The novelty of the scientific work lies in the conclusions recommended by the authors and specific proposals for improving administrative legislation.
Conclusions. The solution of problematic issues that make it difficult for a "sober driver" to drive vehicles should include: tougher sanctions for driving under the influence of alcohol; implantation of positive foreign norms into the Russian legislative framework that contribute to reducing the level of drunkenness on the part of drivers, passengers, employers, as well as persons transferring vehicles to trust management; implementation in motor vehicles with devices that make it possible to deprive an intoxicated driver of driving a car; the installation of alcohol lasers on the roads; improving the training of personnel from among traffic police officers, as well as the deprivation of the status of "untouchables" exclusively for all drunk drivers of motor vehicles, regardless of their official and official position.
Keywords: prevention of drunk driving, subsidiary liability, alcohol lasers, alcohol locks, sanctions.

Sultan T. Khapchaev, Vladimir G. Kokorev

RACIAL SEGREGATION AS A MANIFESTATION OF IDEOLOGICAL EXTREMISM: THE EXAMPLE OF THE CASE “PLESSY v. FERGUSON”

Abstract. Relevance. The topic of racial segregation and the struggle for civil rights in the United States continues to be relevant. Precedential decisions of the US Supreme Court on issues of racial segregation still influence the development of American society and the interpretation of constitutional norms. Despite some progress in this area, the problem of racism in American society is far from being resolved. In this regard, analysis of historical precedents, such as the Plessy v. Ferguson case, allows us to better understand the origins of modern interracial conflicts and extremist sentiments.
The main purpose of the study is to analyze the decision in the case of Plessy v. Ferguson in the historical and legal context and assess its impact on the development of American legislation and public relations in the field of racial discrimination.
Problems addressed. The fundamental aspects of the resonant decision of the US Supreme Court in the case of Plessy v. Ferguson, which had not previously been the subject of a separate study within the framework of domestic legal science, are examined. At the same time, special emphasis is placed on the socio-legal background of this case, the argumentation of the parties and members of the court, as well as the decision made and the consequences of its adoption from the point of view of legitimizing racial discrimination as a manifestation of ideological extremism.
Methods used. During the research process, such general scientific methods as analysis, synthesis and comparison were used. Private scientific methods were also used: historical, legal and content analysis of archival documents and court case materials. The integrated application of these and other relevant methods of scientific knowledge made it possible to comprehensively study the problem of racial segregation, understand its causes and consequences.
Conclusions. The conclusion is substantiated that the decision in this case not only brought racial discrimination in the country to a new level, creating social tension and conflict potential, as well as providing doctrinal justification for the highly controversial provision of “separate but equal” facilities, but also became an important motivating factor in the further struggle for civil rights.
Keywords: racial segregation, discrimination, USA, precedent, US Supreme Court, African Americans.

Mariya M. Gorbunova

CONTROL OF THE MAIN PRISON ADMINISTRATION OVER THE ACTIVITIES OF PLACES OF DETENTION OF THE RUSSIAN EMPIRE IN THE SECOND HALF OF THE XIX CENTURY

Abstract. The second half of the 19th century for the Russian Empire was marked by large-scale penitentiary reform, the implementation of which required the organization of comprehensive control over the progress of prison reforms. Since until the second half of the 19th century, the control function in the field of execution of criminal penalties was inherent in a wide range of state authorities of the empire, its implementation in practice did not give the desired result. This circumstance largely determined the need to create such a unified management body of the penitentiary system as the Main Prison Directorate, which subsequently concentrated in its hands the full scope of powers to exercise departmental control in the field of execution of criminal penalties. In the current reality, the modern penal system of Russia continues the policy of active reform, and the experience of penitentiary control of past years can largely contribute to the successful implementation of conceived conceptual ideas today. The main goal of the work was to analyze the positive and negative aspects of the control activities carried out by the State Technical University during the period under study, as well as to study the main forms of control activities of this management body. The article discusses the problems of practical implementation of gas turbine control functions. The author comes to the conclusion that since the establishment of the State Technical University, penitentiary control has acquired its centralization, the algorithm and tools for its implementation have been determined in the context of putting the ideas of prison reform into practice. The work uses such methods of scientific knowledge as dialectics, analysis and synthesis, historical method, and the method of legal hermeneutics.

Keywords: control, Main Prison Directorate, inspection, reports, prison inspectors, penitentiary system, Russian Empire.

Yulia V. Gnezdilova

THE CONCEPT AND FEATURES OF WORKS OF SCIENCE AND LITERARY CREATIVITY

Abstract. The relevance. This article discusses the concept and content of such types of copyright objects as a work of science and a work of literature. Due to the complication of legal relations in the field of copyright and the preservation of the priority task of the state for the development of science, the problems of the conceptual apparatus of civil law and the filling of terms with content are an important element of further theoretical and legal knowledge in civil science. The development of uniform regulatory concepts will also contribute to improving the quality of legal regulation in the field of copyright.

The main goal is Development of common concepts of the terms "work of science" and "work of literature" that meet the requirements of the law and the essence of the concepts under study.
The problems under consideration. The fundamental problem for this scientific research is the lack of legal criteria for the division of works by type. The article examines the general requirements imposed by law on any works as objects of copyright. The issues of the content of such criteria as the creative nature of the work and novelty remain debatable. In the work, distinctive features were identified and analyzed, which make it possible to differentiate works by types. Further study requires the issues of the need to establish a special legal regime for each type of work, determining the legal status of their authors. The paper also touches upon the problem of the dual nature of dissertation research, and proposed an author's solution to overcome it.
The methods used. The research uses general scientific and private scientific methods of cognition, including dialectical method, system analysis, comparative legal, logical and others.
Conclusions. On the basis of the conducted research, author's definitions of the terms "work of science" and "work of literature" were proposed, which can be used both in theoretical activity and in practice in order to increase the level of legal protection of authors' rights. The proposed formulations allow them to be included in normative acts due to their universality.
Keywords: copyright, work of science, work of literature, protection of authors' rights

Vitaly E. Kortyaev

ANCIENT TMUTARAKAN IN PRE-SOVIET HISTORICAL AND LEGAL HISTORIOGRAPHY

Abstract. In the Russian historical and legal science at the present stage, many topical issues remain unresolved, including those concerning the origin of the state and law on the territory of modern Russia. The purpose of this work is to study the historical and legal historiography of Tmutarakan, an administrative–territorial formation of the period of Ancient Russia (X - XI centuries). The author sets the following tasks: 1) analysis of the historical and legal historiography of Tmutarakan; 2) identification of gaps that have not been eliminated at the present stage; 3) search for ways to solve problems, fill in gaps and characterize the prospects for further research of the issue.

In conclusion , the author of the work comes to the conclusions: 1) there is practically no pre-Soviet historical and legal historiography of Tmutarakan. This is partly due to the difficulties of geographical definition of this territory, difficulties in finding sources and insufficient development of archaeological science; 2) there is a need to create and develop a legal archeology

Keywords: Tmutarakan, Ancient Rus, state, society, law.

RUSSIAN AND WORLD PROBLEMS OF CRIMINAL SCIENCE

Olga S. Guzeeva

RIGHTS AND OBLIGATIONS OF THE STATE AS A PARTICIPANT OF CRIMINAL LAW RELATIONS

Abstract. Subject of study. The actual task of criminal law science at the present stage is to concretize the legal status of participants in criminal law relations, and first of all, the legal status of the state, as a subject indued with the authority to form and apply criminal law prohibitions. Despite the fact that a lot of scientific works are devoted to the problem of the criminal-legal status of the state, this issue still remains insufficiently studied. As a rule, it is presented in science as an exclusively theoretical problem. However, today it is necessary to identify the existence of serious normative grounds for the status of the state, the formation and development of which can be considered as part of the process of constitutionalization of criminal law.

The purpose of the study is to generalize and systematize the vast experience of the constitutional and legal understanding of the powers of the state in the field of criminal law relations, reflected in the practice of the Constitutional Court of the Russian Federation, as well as in the presentation on this basis of the normative foundations of the criminal legal status of the state.

Methodology. In modern conditions of diversification of methodological approaches to the organization of legal research, it is important to rethink and re-discover the epistemological possibilities of the methods of classical legal science, among which a special place is occupied by documentary analysis and generalization of judicial practice.

Research results. Specific rights, duties and responsibilities of the state as a subject of criminal law relations are textually defined in the Constitution of the Russian Federation incompletely, abstractly and implicitly. In general, it can be stated that the obligations of the state in the field of criminal law relations are to a greater extent the result of the interpretation of the text of the Constitution, rather than directly established in it. The generalization of the legal positions of the Constitutional Court of the Russian Federation made it possible to present the following system of powers of the state in the field of criminal law. 1) The authority to maintain order and establish criminal law prohibitions (the obligation to take such necessary and sufficient measures to protect public safety, morality, health, rights and legitimate interests of citizens, which would minimize the consequences of socially dangerous encroachments, would lead to a reduction in the number of their victims, prevention of criminal encroachments on the rights and interests of the individual; the right to establish and change criminal law prohibitions in cases where the measures provided for by the criminal law cease to correspond to social realities, leading to a weakening of the protection of constitutionally significant values or, on the contrary, to the excessive use of state coercion, etc.) ; 2) The rights and obligations of state bodies to implement the status of the state in criminal law relations (the obligation of the investigating authorities to carry out criminal prosecution, the obligation of the prosecutor to appeal on cassation every unlawful or unreasonable sentence, the obligation to provide everyone with the opportunity to familiarize themselves with documents and materials directly affecting his rights and freedom, etc.); 3) Obligations of the state in relation to the person who committed a crime and the victim (to ensure that everyone has his case examined by at least two courts, to guarantee the victim access to justice; to assist the rehabilitated person in protecting his rights and legitimate interests, etc.). This list of rights and obligations of the state cannot be considered exhaustive. The legal status of the state in criminal law relations is a developing category, and its general outlines are clarified and concretized as the law develops and the legal dominant in the functioning of the state is established.

Conclusion. The normative status of the state in criminal law relations is determined by their relative rather than absolute nature, including not only exclusive rights, but also; at the same time, duties and responsibilities. Such a status should be perceived as a developing category, the general outlines of which are refined as the law develops and the legal dominance is established in the functioning of the state.

Keywords: constitutionalization of criminal law; criminal law relations, powers of the state; the state's right to establish criminal punishment; state obligations to protect human rights.

Yulia V. Fedorenko, Yuri A. Shapovalov

PROSECUTORAL SUPERVISION OVER THE EXECUTION OF LAWS BY THE BODIES CARRYING OUT OPERATIONAL-SEARCH ACTIVITIES

Abstract. One of the priority areas of activity of the prosecutor's office is supervision over the implementation of laws by bodies carrying out operational investigative activities, during which problems arise related to its organization, implementation and application of prosecutorial response measures. The article examines the essence of prosecutorial supervision over the execution of laws by bodies carrying out investigative activities, notes its problems, gaps, and suggests solutions. The relevance of this work is determined by the fact that in the process of carrying out operational-search activities, the constitutional rights of a person and citizen may be limited. The purpose of this study is to formulate theoretical provisions about the characteristic features of prosecutorial supervision over compliance with the law by bodies carrying out operational investigative activities, as well as to substantiate the main directions for its improvement to improve quality and efficiency.
At were used to carry out the study both general scientific methods (analysis, synthesis) and special legal methods (formal legal, comparative legal).
As a result of the study, the authors conclude that the effectiveness of prosecutorial supervision over compliance with the rule of law by bodies carrying out operational investigative activities depends on various factors.
In this regard, the authors come to the conclusion that it is necessary to systematize the rules of law governing the features.
prosecutorial supervision over the implementation of laws by bodies carrying out operational investigative activities, in order to eliminate emerging problems in the application of legal norms.

Keywords: prosecutor, law enforcement agencies, operational investigative activities, prosecutorial supervision, powers of the prosecutor, protection of rights, violations.

Dina N. Khimedenova, Inga O. Makeeva, Maria I. Kryukova

PROMISING DIRECTIONS IN THE FIGHT AGAINST RECIDIVISM AT THE PRESENT STAGE OF DEVELOPMENT OF THE RUSSIAN

Abstract. The relevance of the stated topic is due to the fact that the indicators of recidivism in the modern Russian state have reached impressive proportions and need new solutions. The main purpose of the study is to develop prospects for combating such a negative phenomenon as recidivism. The problems under consideration. The article examines the main problems of maintaining a high level of recidivism, characterizes the general problems characteristic of the entire penitentiary system as a whole, and particular problems that are characteristic of certain types of criminal penalties, such as compulsory labor, restriction of liberty and imprisonment.

The methods used. Along with general scientific methods, the authors also used special legal methods (normative-dogmatic, comparative-legal, statistical) in the preparation of this article.
Conclusions. Based on the analysis of the causes and factors contributing to the growth of recidivism, general measures have been developed to combat this negative phenomenon (increase in personnel, augmentation of rehabilitation centers, development of social support programs for former convicts, as well as ensuring proper financing of bodies and institutions executing criminal penalties), as well as private measures to improve the implementation of certain types of criminal penalties, such as compulsory labor, restriction of liberty, and imprisonment.
Keywords: recidivism, penitentiary system, punishment, convict, crime, outstanding and/or outstanding criminal record, crime, correction.

Artem A. Volkov

WAYS OF PROTECTING THE RIGHTS OF PERSONS INVOLVED IN CRIMINAL PROCEEDINGS AT THE STAGE OF APPROVAL BY THE PROSECUTOR OF THE ACT ENDING THE PRELIMINARY INVESTIGATION WITH SENDING THE CASE TO COURT

Abstract. Despite the presence of a fairly developed system of ways to protect human rights and freedoms, in criminal proceedings there is a high risk of their violation. The protection of human rights and freedoms at a special stage of pre-trial proceedings - when the prosecutor approves the act ending the preliminary investigation with the referral of the case to the court - has not been sufficiently developed both at the legislative and doctrinal levels, which makes it urgent to search for ways to optimally construct methods for constructing such protection. The main goal of the work is to analyze the possibilities of using methods to protect human rights and freedoms at the above stage for subsequent conclusion about the sufficient/insufficient level of their protection, identifying problems and finding ways to solve them. The problems associated with the impossibility of exercising the right to petition and complaint at the stage of approval by the prosecutor of the act ending the preliminary investigation with sending the case to court are considered. The methods of dialectical scientific knowledge, the analytical method, the method of systemic research, dogmatic, formal legal methods, and the method of participant observation were used. It is concluded that it is necessary to develop a mechanism to ensure the right to petition and complaint at the stage of approval by the prosecutor of the act that completes the preliminary investigation with the referral of the case to court.
Keywords: ways to protect rights and freedoms, prosecutor, preliminary investigation, approval of the act ending the preliminary investigation 

LEGAL REGULATION OF ECONOMIC ACTIVITIES

Vladimir N. Gavrilov, Dmitry M. Naumov, Alena A. Pavlenko

SOME CONTROVERSIAL ISSUES ARE THE POSSIBILITY OF INHERITING ACCOUNTS IN SOCIAL NETWORKS

Abstract. Social networks have firmly entered the life of modern man, giving rise to not only new ways of communication and entertainment, but also new problematic issues in the field of law. So, to date, Russian legislation does not provide for the possibility of inheriting user accounts of social networks. Meanwhile, in practice, for a number of reasons, such a need already exists, and will only increase over time. The purpose of the study is a comprehensive consideration of the issue of inheritance of accounts in social networks and the possibility of filling the gap in domestic legislation. The article discusses the problems of the lack of a legal definition of the concept of "account" and the lack of the possibility of transferring accounts as part of an inheritance. The methodological basis of this research consists of general scientific, special, private law methods of scientific cognition. These include, in particular, analysis, synthesis, generalization, comparison, comparative legal method, deduction. According to the results of the study, the authors come to the need to amend the current civil legislation of the Russian Federation.
Keywords: user account, account, inheritance, personal data, social networks.

Sergey V. Petuhov

SUBSIDIARY LIABILITY OF CONTROLLING PERSONS IN THE CONTEXT OF THE DEBTOR'S BUSINESS ACTIVITIES

Abstract. The relevance of the article is due to the need to develop an approach acceptable to all participants in civil turnover to the functioning of the institute of subsidiary responsibility of controlling persons. Achieving the maximum amount of satisfaction of creditors' rights is impossible without improving the efficiency of bankruptcy procedures, the availability of tools to protect the interests of the controlling person.
The purpose of the study is to determine the scope of the rights of the controlling person from the point of view of the proper implementation of economic activity by the debtor.
The main problem is the inconsistency of the legislator and the law enforcement officer in achieving a balance between creditors and controlling persons, which manifests itself in the inferiority of the mechanisms for accounting for the debtor's economic activity, the influence of which is objectively difficult for the controlling person in some cases. Solving the problem solely in the plane of the burden of proof is not enough to comply with the general rules of bringing to civil liability.
Research methods. Analysis, deduction, formal legal and comparative legal methods, as well as the system method.
Conclusions. Point-by-point changes in the legislation of the Russian Federation are proposed in order to increase the efficiency of the debtor's economic activity, taking into account the protection of the rights and legitimate interests of controlling persons.
The article substantiates the relationship between the activities of the arbitration manager and the amount of subsidiary liability of the controlling person.

Keywords: subsidiary liability of controlling persons, economic activity, integrity, bankruptcy, creditors, balance of interests, losses.

Nikita V. Kritsyn, Vladislav E. Sychugov

INHERITANCE OF CRYPTOCURRENCY AND DIGITAL INVENTORY IN MULTIPLAYER GAMES

Abstract. The article discusses the possibility of inheriting cryptocurrencies and digital inventory in multiplayer games. The relevance of the topic is reflected in the problems existing both in theory and in practice, namely: the absence of a legal definition of cryptocurrency in Russian legislation; the problem of the legal nature of in-game inventory items; the lack of legal regulation of Internet accounts from the standpoint of hereditary legal relations. The analysis and comparison of the norms of foreign legislation of a number of countries (USA, Taiwan) is carried out within the framework of the institute under consideration. The purpose of this work is to study the norms of domestic legislation, theoretical foundations and law enforcement practice, which are aimed at the formation and regulation of the institute of inheritance of «digital property», as well as the analysis of foreign legislation to establish the possibility of convergence of the norms governing specified objects. In order to achieve the above-mentioned goal, the following tasks were identified, namely: analysis of Russian legislation in order to identify problems in the regulation of the institution in question; analysis of the norms of foreign legislation regulating this institution; analysis of gaps related to the legal regulation of inheritance of cryptocurrencies and digital inventory in multiplayer games in the Civil Code of the Russian Federation. The methodology of this research includes private and general scientific research methods, namely analysis, synthesis, deduction, induction, comparative legal method. In conclusion, proposals were made to improve the norms of civil legislation concerning the inheritance of cryptocurrencies and digital inventory in multiplayer games.
Keywords: inheritance, objects of civil law, cryptocurrency, digital inventory in multiplayer games, Internet accounts, inheritance law.

Karina A. Maletina, Angelina G. Sokolova

INSTITUTE OF JOINT WILL OF SPOUSES IN RUSSIA AND A NUMBER OF FOREIGN COUNTRIES

Abstract. The article discusses the concept of introducing a new legal institution for the joint will of spouses for the Russian civil legislation. The relevance of the topic is reflected in the problems existing both in theory and in practice, namely: the lack of a legal definition of the concept of "will" in Russian legislation; the problem of video recording of the procedure for making a joint will; the possibility of canceling a joint will by a surviving spouse. The analysis and comparison of the norms of foreign legislation of a number of countries (Ukraine, Germany, Azerbaijan, Colombia, England, etc.) is carried out within the framework of the institute under consideration. The purpose of this work is to study the norms of domestic legislation, theoretical foundations and law enforcement practice, which are aimed at forming the institution of joint will of spouses, as well as the analysis of foreign legislation to establish its impact on domestic norms. In order to achieve the above-mentioned goal, the following tasks were identified, namely: analysis of Russian legislation in order to identify problems in the regulation of the institution in question; analysis of the norms of foreign legislation regulating this institution; study of the influence of the norms of foreign civil legislation on the understanding and formal consolidation of the system of joint will of spouses in domestic law; analysis of gaps related to the legal regulation of the regime joint wills of spouses in the Civil Code of the Russian Federation. The methodology of this research includes private and general scientific research methods, namely abstraction, analysis, synthesis, deduction, induction, method of legal experiment, legal modeling, comparative legal method. In conclusion, proposals were made to improve the norms of civil legislation concerning such a legal institution as the joint will of spouses.
Keywords: inheritance, will, joint will of spouses, heirs, disposal of property in case of death, encumbrance of property, inheritance law.

Nikita S. Radionov

PROCEDURES AND PROBLEMS OF SETTLEMENT WITH THE CREDITOR ON THE COMMON DEBT OF SPOUSES

Abstract. The topic of the current research is of particular importance in the conditions of increasing cases of bankruptcy of citizens in Russia. The situation in which the common property of spouses is included in the bankruptcy estate is of sensitive importance, because in case of satisfaction of bankruptcy creditors' claims at the expense of the debtor spouse's share in the jointly acquired property, it may lead to violation of the rights of the other spouse who is not a debtor, and also reduces the standard of protection of spouses' dependents.
The purpose of the study is to consider the legal basis of settlement with the creditor on the debts of spouses, to determine the main problems arising in the application of the current norms of legislation and to determine ways to resolve them.
In conducting this study were used such methods as analysis, synthesis, formal-dogmatic method, comparative-legal, concrete-sociological.
After the conducted research it was concluded that in order to increase the level of protection of the debtor's spouse, as well as dependents, it is necessary to introduce appropriate amendments to the legislation, according to which before the inclusion of common property in the bankruptcy estate, the allocation of the debtor's share from such property should be carried out.
At the same time, this change should be introduced into the legislation, and not implemented at the level of issuance of the Resolution of the Plenum of the Supreme Court of the Russian Federation concerning the issues of application of insolvency legislation. This is primarily justified by the fact that when realizing common property within the framework of bankruptcy proceedings, a large number of discrepancies arise, which leads to a heterogeneous application of the provisions of the Bankruptcy Law and the provisions of higher courts (the Supreme Court of the Russian Federation and the now abolished HAC RF) by the courts. This is doctrinally incorrect and leads to even greater ambiguity in terms of interpretation of legislative provisions.
Keywords: protection of dependents' rights, bankruptcy law, spouses' debts, paternalism, family legal relations, bankruptcy trustee, creditors' rights.

Olga O. Semenova, Valeria A. Tormozova

DEVELOPMENT OF SMALL AND MEDIUM-SIZED ENTERPRISES IN THE FIELD OF CREATIVE INDUSTRIES

Abstract. The relevance. One of the priority vectors of development of the state's economic and social policy is the support of small and medium-sized enterprises. State support measures are aimed at ensuring market stability, including for small and medium-sized enterprises that are just starting their activities. One of the most promising areas for the development of small and medium-sized businesses is the expansion of creative industries, which are based on the results of intellectual activity through the creation, production, and commercialization of goods and services. Small and medium-sized creative entrepreneurs need additional government support to stimulate the development of this sector of the economy.
The main goal. To determine measures of state support for small and medium-sized creative entrepreneurship.
The problems under consideration. This article discusses the dual nature of works of art - they are both museum objects and the result of intellectual activity protected by the state. A small and medium-sized business entity needs to obtain permission from the museum directorate to use the work, but the article does not specify whether the term of exclusive rights to intellectual property objects should expire. There is a need for a small and medium-sized business entity to obtain dual approval for the use of a work. Another measure to support small and medium-sized businesses is to provide loans secured by exclusive rights, which is not directly provided for by legislation. The lack of a clear mechanism for implementing collateral is the main problem that restricts the development of the institution of lending against exclusive rights.
The methods used. The article used both general scientific methods (analysis, deduction) and special methods (systemic, comparative legal).
Conclusions. The authors conclude that there is a need for legislative support for small and medium-sized creative entrepreneurship by introducing preferential regimes for the use of works in museum collections when conducting entrepreneurial activities. The authors believe that it is necessary to eliminate the need to obtain permission from museum directorates to use works if such an object is still an intellectual property object of the rights holder. In the authors' opinion, it is necessary to develop the institution of lending against exclusive rights by creating a unified mechanism for assessing intellectual property objects, the exclusive rights to which are the subject of a pledge agreement between a bank and a small and medium-sized business entity. It is also proposed to create an individual platform for the realization of exclusive rights to intellectual property objects.
Keywords: creative industries, small and medium-sized enterprises, museum clause, public domain, pledge of exclusive rights, sale of the subject of pledge.

ALL-RUSSIAN COMPETITION OF STUDENT PAPERS ON ADMINISTRATIVE LAW AND PROCEDURE

Anastasia V. Sladkova

RESULTS OF THE VII ALL-RUSSIAN COMPETITION OF STUDENT WORKS ON ADMINISTRATIVE LAW AND PROCEDURE

Annotation. The article presents the results of the VII All-Russian competition of student papers on administrative law and procedure, held by the National Association of Administrativists.

Keywords: the National Association of Administrative Scientists, student paper contest, administrative law, and young scientists.

Kseniya D. Epifanova

THE MODEL OF ADVERSARIAL ADJUDICATION IN LEGAL PROCEEDINGS ON ADMINISTRATIVE VIOLATIONS

Abstract. The recognition and implementation of the adversarial principle is one of the guarantees ensuring the administration of impartial and fair justice. However, currently there is no unity of opinion in legal science regarding the recognition of the principle of adversarial law as one of the principles of legal proceedings on administrative violations.
The purpose of the research is a comprehensive investigation of the model of adversarial adjudication in legal proceedings on administrative violations. Based on articles of the current legislation, national and foreign legal doctrine, the positions of the Constitutional Court of the Russian Federation, the article searches for an answer to the question: which principle should be used as the basis for legal proceedings on administrative violations – inquisitorial or adversarial? The essence of the latter principle is investigated in the context of the concept of fair and impartial trial.
The article focuses on the analysis of the problems arising in the implementation of the adversarial principle: the definition of the role of the court, the representation of the prosecution in judicial session, a clear separation of the functions of resolving the case, prosecution and defense.
The rather-legal method and the dialectical method were used in the scientific research, as well as such a method as analysis and generalization of special literature.
Based on the results of the analysis, the article presents arguments as to which model would make it possible to solve the tasks facing the legal proceedings on administrative violations as efficiently as possible. Special attention in the study is paid to the options of reforming the procedure for legal proceedings on administrative violations established by Russian legislation.

Keywords: administrative offense, administrative responsibility, access to courts, due process of law, adversarial principle, inquisitorial principle.

Anna V. Zinovieva

AMNESTY ON CASES OF ADMINISTRATIVE OFFENCES AS A MEASURE OF STATE SUPPORT IN CONDITIONS OF EXTERNAL AND INTERNAL THREATS

Abstract. The relevance. Under conditions of external and internal threats the institute of administrative amnesty which allows optimize the state regulation of different areas of social life, to make it more point-oriented and targeted.
The main goal. Comprehensive analysis of amnesty on cases of administrative offenses as a measure of state support in conditions of external and internal threats.
The problems under consideration. In the article attention pays to the modern legal regulation of this institute, identifying the characteristic attributes and grounds for the introduction, and also gives suggestions on improving the practice of administrative amnesty in the Russian Federation in modern conditions.
The methods used. In the preparation of the article, both general scientific (dialectical, analysis) and special legal methods (formal-legal, historical-legal) were used.
Conclusions. The legal regulation of amnesty in cases of administrative offenses was considered, the characteristic features of this legal institution were identified, examples of the grounds for introducing a state support measure were given, and proposals for improving the legal regulation of administrative amnesty were given.
Keywords: amnesty, administrative amnesty, administrative responsibility, coronavirus infection, COVID-19, state support.

Julia V. Pantazy

ON THE ISSUE OF BRINGING TO ADMINISTRATIVE RESPONSIBILITY FOR THE DISSEMINATION OF “FAKE” NEWS

Abstract. The relevance of this article is determined by the problem of dissemination of false information under the guise of reliable information (so-called "fakes").
The main goal is to analyze the norms of the CAO RF on responsibility for "fakes", law enforcement practice on these norms, review of foreign experience in combating "fakes".
The problems under consideration - the article studies the conditions that contributed to the growth of "fake" news, as well as the official reaction of the state to "fakes", which was expressed in the amendment of the CAO RF and the application of the corresponding corpus delicti of administrative offenses.
The methods used. The article uses general scientific methods of induction and deduction, analysis and synthesis.
In addition to general scientific methods, special legal methods (comparativist, formal-legal) were used.
Conclusions. The article characterizes the Russian legislation on administrative responsibility for the dissemination of fakes and the practice of its application, gives an overview of foreign experience in countering "fakes".
Keywords: administrative responsibility, fake news, mass media, Internet, social networks, freedom of speech, right to information, punishment, administrative fine, fakes