Vol  9 - No 2 (2024)

THEORY, HISTORY AND PRACTICE OF LEGAL REGULATION OF PUBLIC RELATIONS

Ivan A. Ivannikov

ANARCHIST TEACHING M.A. BAKUNIN AND MODERNITY (TO THE 210TH ANNIVERSARY OF THE THINKER’S BIRTH)

Abstract. The relevance of the article is determined by the presence in the modern world of social problems and contradictions, including in the system of international relations, which are in many ways similar to those that existed in the second half of the 19th century and were conceptualized by the classic of anarchism Mikhail Aleksandrovich Bakunin (1814 –1876). The main goal is to analyze the main political and legal ideas of M.A. Bakunin about the optimal form of social organization, the value of a free individual and autonomous communes, a federal union of autonomous communes and peoples, including the Slavic federation. Problems addressed. The article examines the stages of development of M.A.’s worldview. Bakunin and his views on the state, state power, legislation and the optimal form of social organization. Methods used: dialectical, hermeneutical, comparative, retrospective, chronological, the principle of ascent from the abstract to the concrete, actualization. It is concluded that the doctrine of the form of state M.A. Bakunina was the most progressive in the 19th century and has not lost its relevance in modern political and legal thought.

Keywords: M.A. Bakunin, social organization, autonomous commune, social revolution, Paris Commune, state power, state, charter, federation, equality.

 Leonid A. Zashlyapin 

EVOLUTION OF VICTIM STATUS IN THE SOVIET CRIMINAL PROCESS

Abstract. The relevance of the study of the status of the victim is based on the attention of the constitutional legislator to this problem, the actualization of relevant studies in authoritative publications, including the journal "Legal Bulletin". The difference between the article and the existing publications is that it implements the goal and presents the results in the aspect of the evolution of the legal status (legal personality, legal objectivity) of the victim under the Criminal Procedure Code of the RSFSR of 1923 and the Criminal Procedure Code of the RSFSR of 1960.

The object area was the normative rules governing the position of the victim during the period of the Criminal Procedure Code of the RSFSR of 1923 and the Criminal Procedure Code of the RSFSR of 1960 and the synchronous doctrinal positions corresponding to these periods. The main research methods were modeling, system approach, legal and dogmatic method.

As a result, it is concluded that the initial period of the Soviet law did not allow to construct the procedural status of the victim, who was the object of law. In the final period of the Soviet legislation, there were trends in the legal personality of the victim, which determined the possibility of forming the procedural status of the victim.

Keywords: criminal process, criminal proceedings, participant in the process, subject of the process, subject of law, victim, legal personality, legal object, object of law, victim, status of the victim.

 Polina E. Zemskova

LEGAL FICTIONS IN MODERN CIVIL PROCEEDINGS IN RUSSIA

Abstract. The article proposes an expansive approach to the definition of the “legal fiction” concept. Within the framework of this broad approach, the author qualifies as legal fictions a number of systematically repeated approaches to resolving uniform incidents found in Russian civil procedural practice. The relevance of the study is due to the fact that Russian civil procedural practice consistently produces formal and at the same time rather “inconvenient” approaches to resolving certain categories of incidents. Such approaches need legal qualifications: either as conflicts to be eliminated or as normal legal phenomena generated by the peculiarities of the complex apparatus of the civil process. The subsequent fate of such approaches will depend on such qualifications: whether they are subject to “destruction” or whether they will be preserved and strengthened in the practice of civil proceedings.
The main goal of the study is to substantiate the legal qualification of such approaches as a special form of legal fiction.
In particular, the article examines three main problematic procedural approaches.
Firstly, an approach is considered in which a repeated forensic examination in an appellate court can be initiated without proceeding to consideration of the case according to the rules of procedure in the court of first instance; based on the results of such an examination, the party does not have the right to clarify the claims.
Secondly, the following practice is analyzed: the practice of prohibiting courts on their own initiative to change the basis of a claim in a situation where the qualification of such a basis is controversial.
Thirdly, as another illustration of the author’s idea, the rule established in procedural practice is given: the fact of repayment of a debt after the relevant court decision is not a basis for canceling this court decision on appeal.

The described problems are studied primarily using systemic-structural and functional methods, the use of which allows the author to substantiate the conclusion that the described approaches, formed in judicial practice, represent a special form of legal fiction.
Keywords: legal fiction, procedural legal fictions, civil procedural law, repeated forensic examination, appellate instance, clarification of claims, basis for claim.

 Larisa V. Katkova, Oleg A. Mekka

THE VALUES OF LEGAL CULTURE IN THE MINDS OF UNIVERSITY STUDENTS

Abstract. The relevance of the research topic is due to the fact that legal culture in its various manifestations is often considered abstractly, without relying on specific empirical material. Meanwhile, the scientific approach requires that any theoretical position requires verification. In addition, interpretations of legal culture that do not adequately reflect its essence are common in the scientific literature. First of all, we are talking about those models of legal culture that reduce it to law-abiding behavior and knowledge of the law, which, in the opinion of the authors, is completely insufficient. Thus, the essential value-ideological content of legal culture remains in the shadow. Having nothing against the concepts of "legality" and "law-abiding", we note that this approach does not take into account the real diversity of completely legal targets, orientations of citizens existing in the political and legal sphere.
The main goal – to show how the basic legal value categories "freedom", "justice", "equality" are reflected in the consciousness of such a social group as students.
The problems under consideration. The main problem is seen in the fact that the approach to legal culture dominates in the legal literature, defined by the authors as monological, universalist or objective. This approach does not take into account the specifics of group consciousness and behavior, as well as the content of individual historical periods. With this approach, citizens are considered exclusively as objects of ideological influence, and culture itself is deprived of its main quality – diversity. This problem is solved within the framework of axiological and sociological approaches to the consideration of legal culture.
The methods used.
The authors, understanding legal culture as a normative value system that determines the behavior of individuals and social groups in the political and legal sphere, apply axiological and sociological approaches to the analysis of legal values. In particular, the results of interviewing university students are presented.
Conclusions. The basic values of legal culture are an interconnected complex. Depending on the content of the current situation, one or another value comes to the fore and acts as a system-forming element. In addition, there is a semantic modification of legal values in the process of their practical use as political and legal guidelines.
Different interpretations of legal culture determine the technologies for the formation of legal culture, and here the main options are object (focusing on knowledge of laws and law-abiding behavior) and subjective (focusing on activity in protecting one's own interests, using legal institutions both state and non-state).
Keywords: legal culture, type of legal culture, value bases of students' legal culture, legal value, freedom, justice, formal equality, axiological approach, concrete historical approach, semantic modification of legal value, legal understanding, type of legal understanding.

 Ksenia A. Shvarts

CORRELATION BETWEEN THE CONCEPTS OF RELOCATION AND REDOMICILIATION AND VARIOUS CRITERIA FOR DETERMINING THE PERSONAL LAW OF A LEGAL ENTITY

Abstract. Actuality: During the economic and political trends of the 2019-2020s, for the practical possibility and success of changing the personal law of a legal entity, it is necessary to comprehensively analyze the legislation of the countries of current and potential economic activity, since different legal orders may use different approaches to determining the lex societatis of legal entities , which complicates the choice of economic development strategy for companies.

Primary goal: The purpose of the work is to determine the correlation between relocation and redomiciliation, as the main options for changing the personal law of a legal entity, and the existing methods for determining lex societatis.
Problem in question: The problem of the relationship between the legal institutions of redomiciliation and relocation and conflict of law links used in determining the personal status of commercial legal entities in private international law is posed.
Methods used: The methods used in this study: general scientific (analysis, analogy, deductive and inductive methods) and special (formal-legal) methods of cognition. The practice of applying the legislation on redomiciliation when changing the personal law of legal entities in accordance with the Federal Law “On International Companies and International Funds” No. 290-FZ of 08/03/2018 (hereinafter referred to as the Law on International Companies), and the judicial practice of the European Union (hereinafter referred to as the EU) are analyzed. and domestic courts. Factors that make it difficult to use the redomiciliation procedure established by law due to differences in approaches to determining the personal status of legal entities have been identified. The concept of “relocation” and the development of this legal institution in the course of global socio-economic and political trends of 2019-2023 are analyzed. The legislation of the EU and Latin America on the issue of relocation of legal entities was analyzed. It has been established that the institution of relocation is widespread in practice. Being a complex multi-component legal institution, however, when analyzing law enforcement practice, the relocation of a company most often entails determining the personal law of a legal entity at the place of main activity or location of management bodies.
Conclusions: The following results were obtained during the study: the institutional meaning of redomiciliation as used in the doctrine and legislation of most countries confirms that the concept is synonymous with the application of the criterion of the place of incorporation of a legal entity, and in some cases with the application of the criterion of the location of a legal entity. This understanding is typical for those legal orders where the determination of the personal status of a legal entity is legally linked to the above principles.
Keywords: personal law of a legal entity, personal statute of a legal entity, conflict of laws method, private law, redomiciliation, relocation, doctrine, legislation, change of jurisdiction.

STATE-LEGAL REGULATION OF PUBLIC RELATIONS

Margarita A. Burdakova

PROSPECTS FOR THE DEVELOPMENT OF THE PROFESSIONAL INCOME TAX IN THE RUSSIAN FEDERATION

Abstract. The relevance of the study lies in the fact that one of the most discussed and interesting topics in the tax sphere is a new special tax regime – the tax on professional income, which was introduced in the territory of the Russian Federation as an experiment. Despite the success of this experiment, there are certain disadvantages and legal conflicts that should be taken into account in the legal regulation of this issue by the end of the experiment.
The relevance of the theoretical development of the topic predetermined the purpose of the work: to identify the problems of legal regulation of the tax on professional income and to identify options for their solution.
Within the framework of this work, the author considered three main problems. The first problem is devoted to the issue of granting the subjects of the Russian Federation the right to change the size of the tax base, which has not changed since the entry into force of the Federal Law on the tax on Professional Income. The second problem is related to the fact that the legislator has not defined the concept of the place of business of the self-employed, which causes a corresponding legal conflict. The third problem concerns the unresolved issue of social and medical insurance for the self-employed, which violates the constitutional right of citizens to receive social guarantees from the state.
Summing up the results of the study, the author concluded that the legal regulation of taxation of the self-employed needs to be reformed, since it is partially separated from real law enforcement.
The author of the study proposed appropriate solutions aimed at changing the Federal Law on the tax on professional Income. According to the author, the proposed options will improve the legal regulation of taxation of the self-employed.
Keywords: professional income tax, tax experiment, special tax regime, self-employed, taxpayers, tax base, place of business, social and medical insurance.

 Nikita S. Lipen

ON THE LEGAL QUALIFICATION OF THE ADOPTION OF AN ILLEGAL REGULATORY LEGAL ACT

Abstract. The article discusses various approaches to the legal assessment of the adoption of an illegal normative legal act – is it a lawful or illegal act.

The relevance of the article's problems is due to the importance of consistency and consistency of legislation, the legality of regulatory legal acts. This is a necessary condition for the rule of law and the rule of law.
The main purpose of this work is to evaluate various approaches to the legal qualification of the adoption of an illegal regulatory legal act.
The problems under consideration. The article analyzes approaches to the reasons for the adoption of illegal regulatory legal acts, as well as the possibility of bringing to legal responsibility for these actions.
The methods used. The study was conducted on the basis of modern general scientific methodology. The main method was the formal dogmatic approach. Along with it, logical, systemic, sociological and other approaches were also used.
Conclusions. Violations of the rule of law in law-making activities are not systemic in nature, but they exist, as evidenced by the activities of the justice and prosecutor's offices, judicial practice in cases of challenging normative legal acts. The adoption of normative legal acts containing illegal provisions has its objective and subjective reasons. First of all, this is due to the complexity of the legal regulation of public relations. The subjective reasons are insufficient qualifications or insufficient conscientiousness of specialists of law-making bodies. The adoption of illegal normative legal acts should not be considered as an offense, but as a law-making error that does not entail legal responsibility.
Keywords: Normative legal act, legislation, legality of law-making, law-making mistake, offense, legal liability. 

LEGAL REGULATION OF ECONOMIC ACTIVITIES

Artur V. Belichenko

SECTORAL QUALIFICATION OF LEGAL NORMS GOVERNING FAMILY RELATIONS AND LEGAL RELATIONS ARISING ON THE BASIS OF THESE NORMS

Abstract. The conducted recodification of civil legislation, the adoption of new codes regulating other public relations have aggravated the problem of the correlation of civil law and civil legislation with related branches of Russian legislation and law. This was due to a number of circumstances, including the adoption of the Family Code of the Russian Federation, the subject of regulation of which in one way or another includes relationships that have the characteristics specified in Article 2 of the Civil Code of the Russian Federation, that is, signs of public relations that constitute the subject of regulation of civil legislation and law; the relationship of civil law regulation with public legal regulation, which entailed, in particular, textual and logical consolidation of civil law norms in procedural codes in an environment where legal science continues to ignore the very existence of legal norms logically fixed in legislative acts; unresolved in legal science a number of problems related to the system of Russian legislation and law, in particular, the problems of complex branches of legislation and law. The methodological basis of the study was made up of general scientific and special legal research methods, namely: the dialectical method, the system-structural method, as well as the method of analysis and synthesis. Under the circumstances described, there is an urgent need for research and sectoral qualification of legal norms that are established by the Family Code of the Russian Federation and which regulates, in particular, relations having the characteristics specified in Article 2 of the Civil Code of the Russian Federation. Thus, in the process of forming family legislation and law, part of the relations that have signs of relations that constitute the subject of regulation of civil legislation (Article 2 of the Civil Code of the Russian Federation) was removed from the specified subject and attributed to the subject of regulation of family legislation.
Keywords: family law; family law; norms of family law; family legal relations; civil law; civil law; norms of civil law; civil legal relations; subsidiary legal relationship; legal system.

 Darya V. Verkhova

FEATURES OF REAL ESTATE TRANSACTIONS BY GUARDIANS OF A MINOR

Abstract. The article is devoted to the features and modern problems of implementing the rights of minors when concluding real estate transactions. Despite the fact that ensuring legal guarantees for minors when making transactions with their property is one of the priority tasks of the legislation on the protection of the rights of minors, however, it is currently not possible to completely exclude violations of rights in this area, which requires adequate legislative solution, as well as the practice of its implementation. The issue of protecting the rights of minors left without parents is especially acute.
The purpose of this article is to analyze, based on the norms of Russian legislation, the peculiarities of transactions with real estate by guardians of a minor, as well as to formulate proposals for improving the legal regulation of this area in order to prevent violations of the rights of minors and ensure, if necessary, their timely protection.
Methodological basis. To achieve this goal, the author uses such general scientific research methods as analysis, synthesis, abstraction, deduction and induction, as well as special scientific ones (historical, comparative legal, structural-systemic, formal legal and logical methods).
Conclusions. The key feature of transactions with real estate by guardians of a minor is that the guardian can alienate property only if there are grounds specified in the law, and also only after receiving prior permission from the guardianship and trusteeship authorities. In addition, the property of a minor may be transferred by the guardianship and trusteeship authorities to trust management, transactions within which can also be made only after obtaining prior permission, and also exclusively in the interests of the minor, who is the beneficiary of such an agreement.
However, the main provisions of the Civil Code of the Russian Federation, which determine the procedure for managing the property of wards, are not fully specified in the Federal Law “On Guardianship and Trusteeship”, but are duplicated, and therefore significant gaps in the legal regulation of these issues remain.
Keywords: rights of minors, transactions with property of minors, real estate transactions, guardian, guardianship and trusteeship authorities, violations of the rights of minors.

 Denis D. Levit

THE LEGAL REGIME OF THE RESULTS CREATED BY ARTIFICIAL INTELLIGENCE TECHNOLOGIES

Abstract. In recent years, there has been an active development of information, computer technologies, and artificial intelligence technologies, which is accompanied by the active introduction and use of such technologies in daily human activities. As a result, practical and theoretical issues arise related to the establishment of a legal regime in relation to the results obtained with the help of artificial intelligence, as well as the extension of legal protection to such results. At the same time, disputes related to the human desire to establish copyrights in relation to objects created using neural networks and artificial intelligence are increasingly being considered in law enforcement practice. The author aims to analyze the criteria of protection in force in Russian legislation, in particular, the criterion of the creative nature of works, the correlation of the results obtained with the activities of artificial intelligence and to determine the main directions for further development of legislation.
The main problem of the sphere of legal protection of the results obtained with the help of artificial intelligence technologies is as follows: two situations arise – on the one hand, developers of artificial intelligence, persons who use artificial intelligence to obtain certain results, seek to commercialize artificial intelligence technologies, on the other hand, the current legislation, the concept and content of exclusive rights do not allow such commercialization due to the lack of opportunity to establish a legal regime with respect to the results obtained using artificial intelligence technologies.
The main research methods used are methods of analysis, comparison, including comparative legal analysis.
The author draws conclusions about the need to revise the content of the category of the creative nature of the work and consolidate the possibility of legal protection of individual objects obtained through the use of artificial intelligence technologies.
Keywords: artificial intelligence, intellectual property law, result of intellectual activity, neural network, copyright, author.

 Nikolay A. Morozov

CROSS-BORDER CORPORATE BANKRUPTCY IN THE RUSSIAN FEDERATION: JUDICIAL PRACTICE BEFORE AND AFTER THE WESTWALK PROJECTS LTD. CASE

Abstract. The article is devoted to the issue of the possibility of bankruptcy of foreign legal entities within the Russian jurisdiction
The globalization of economic relations, manifested in the growth of cross-border financial and commodity flows, has led to the erosion of assets of commercial companies within a variety of jurisdictions. The sanctions policy of foreign states has revealed the painful consequences of such a trend and created a number of insurmountable obstacles for Russian creditors who have a claim to a foreign counterparty, but are deprived of access to the jurisdiction of its location. In such realities, the absence of legislation on cross-border insolvency leads to legal uncertainty, which can be resolved by clarifications of higher courts. In February 2024, the Supreme Court of the Russian Federation made an attempt to resolve these contradictions by outlining the procedure for bankruptcy proceedings against a foreign debtor.
The purpose of the study: to identify the positions reflected in the scientific discourse and judicial practice, which can have a practical effect in the current political and economic realities.
Problems considered. The article considers the problems arising from the lack of legislative fixation of the institute of cross-border insolvency. One of the most important consequences of this is the lack of uniform law enforcement practice on the issue under consideration.
Methods used. Methodologically the work is based on a set of general scientific and special methods. Special methods of research include formal-legal, comparative-legal method, as well as the method of legal hermeneutics.
Conclusions. The Russian Supreme Court's position on cross-border insolvency has opened the Russian legal order to bankruptcy of foreign entities within Russian jurisdiction. The Supreme Court has established the contours of the bankruptcy mechanism in relation to a foreign debtor, which has led to a significant increase in the number of foreign debtor bankruptcy cases. At the same time, the possibility of opening main proceedings in Russian jurisdiction in the current international legal realities, in the author's opinion, will hardly be reflected in practice. These remarks are currently confirmed by the practice of Russian courts.
Keywords: a creditor, a debtor, an insolvency, a cross-border bankruptcy, a legal entity.

 Stanislav V. Strelnikov

LEGAL RISKS OF AN EMPLOYEE WHEN INCLUDING A BONUS AS AN INCENTIVE (STIMULATING) PAYMENT IN THE ACTUAL SALARY AND THE PROSPECTS OF RECOVERY IN A COURT OF LAW

Abstract. The relevance of this study lies in the impossibility for an employee to recover unpaid incentive (stimulating) payments (bonuses) from the employer in the vast majority of court disputes due to a number of different problems, which entails a violation of the employee's right to timely and fair wages as a universally recognised right protected by international and Russian legislation.
The main purpose of the study is to identify, analyse and assess the legal risks for the employee in the wording of standard bonus criteria and other provisions of local regulatory acts of employers establishing the system of remuneration of labour, in relation to the prospects of recovery in court. It also analyses judicial practice on disputes on the recovery of incentive payments, legal regulation of this institution in the Russian Federation with the identification of shortcomings, problems, gaps, which are inherent in labour legal relations at the current stage of development with the development of proposals to improve legal regulation and law enforcement practice in this area.
The problems under consideration are expressed in the abuse of the right by the employer in the form of fictitious bonuses (usually premiums), which are actually part of the salary, as well as in the formulation of general and subjective criteria for labour evaluation in local regulations, due to which in practice it is difficult for an employee to justify the amount of the bonus, to substantiate the right to it and to recover it in court, which is also facilitated by the formal consideration of this category of disputes by Russian courts.
The methods used in this study are general scientific (analysis, analogy, deductive and inductive methods) and special (formal legal) methods of cognition.
The conclusions of this study are as follows: the author believes that it is the imperfection of labor legislation, as well as the formal approach of the courts to this category of disputes lead to the possibility of abuse of the right on the part of the employer for non-payment of incentive (stimulating) payments. On the basis of the analysis of the research problems the assessment of typical wording of bonus criteria in local normative acts on the possibility of collecting the bonus in court in case of its non-payment and related legal risks was carried out. Emphasis is also placed on the prospects of collecting the bonus due to its non-payment in case of dismissal, including taking into account the specifics of labor (position, industry of labor). Based on various typical circumstances of this category of disputes, the prospects of judicial recovery of unpaid bonuses are revealed. Practical recommendations for proving fictitious bonuses in court and improving normative legal regulation in this area have been developed.

Keywords: labour disputes, wage payment system, wages, salary, abuse of the right by the employer, recovery of bonuses, prospects for recovery of bonuses, non-payment of incentive and reward payments, non-payment of bonuses, employee's legal risks, non-payment of wages, criteria and indicators of bonuses.

 Dahanago R. Apazheva

PROBLEMS OF LEGAL REGULATION OF BANKRUPTCY OF AGRICULTURAL ORGANIZATIONS IN THE RUSSIAN FEDERATION

Abstract. Relevance: Agriculture plays a key role in Russia's economy, ensuring food security. Effective regulation of agricultural organizations' bankruptcy is necessary to maintain stability in the agricultural sector.
Main objective: To analyze the problems of legal regulation of agricultural organizations' bankruptcy in the Russian Federation and develop proposals for their solution.
Issues considered: Lack of clarity in legislative definitions, insufficient consideration of agricultural production specifics, difficulties in implementing preferential rights to acquire property, insufficient qualifications of bankruptcy trustees, risks of deliberate bankruptcy.
Methods used: Systematic approach, analysis of legal norms and scientific research.
Conclusions: It is necessary to improve legislation, clarify definitions, consider the specifics of agricultural production, enhance the qualifications of trustees, and update methods for detecting deliberate bankruptcy. There is a need to improve information and consultation services for agricultural organizations regarding bankruptcy procedures.
Keywords: bankruptcy, agricultural organizations, legal regulation, problems, financial situation, legislation, signs, assets, debtor.