Vol 9 - No 4 (2024)
THEORY, HISTORY AND PRACTICE OF LEGAL REGULATION OF PUBLIC RELATIONS
Alexander E. Kirpichev
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DEAD ENDS OF LEGAL PERSONALITY: REVERSE PIERCING OF THE CORPORATE VEIL, HORIZONTAL LIABILITY AND OTHER CASES OF SUBSIDIARY LIABILITY |
Abstract. The relevance: the development of judicial practice in various legal systems demonstrates a steady tendency to reconsider the limits of corporate legal personality and overcome the principle of legal entity autonomy in exceptional cases.
The main goal: to analyze the theoretical foundations and practical mechanisms for holding subsidiary companies liable in modern law, including the doctrines of «reverse piercing of the corporate veil,» «single enterprise,» and «horizontal liability.»
The problems under consideration: the relationship between the principle of legal entity autonomy and other fundamental legal values; criteria for determining cases of overcoming corporate form; mechanisms for holding subsidiary companies liable.
The methods used: functional approach to comparative law, dogmatic analysis of legal constructions, historical method of legal institutions research.
Conclusions: three main cases of overcoming the principle of subsidiary autonomy are identified: human rights protection, antitrust regulation, and overcoming sanctions of unfriendly states. The necessity of a more flexible approach to determining the limits of legal entity autonomy while maintaining the basic advantages of this legal construction is substantiated.
Keywords: legal entity, corporate veil, subsidiary, legal personality, responsibility, corporate law, abuse of law.
Svetlana M. Mironova, Zoya G. Litvinenko
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COUNTERING ILLEGAL EMPLOYMENT IN THE RUSSIAN FEDERATION: IMPACT ON THE STATE OF THE LABOR MARKET |
Abstract. Currently, with the expansion of employment types, the issue of distinguishing illegal informal employment, defining their characteristics and methods of combating them is becoming relevant. Federal Law No. 565-FZ "On Employment of the Population in the Russian Federation" reflects issues of combating illegal employment in Russia, which is expressed in the consolidation of general rules for the organization and work of regional interdepartmental commissions to combat illegal employment, their interaction with other government bodies, including tax authorities.
It is not clear whether illegally employed and informally employed are synonyms or are different categories. In this regard, it is of interest to study the issue of the very concept of illegal employment, combating illegal employment, legal regulation of this issue, as well as the practice of current implementation at the regional level.
The materials of the study were regulatory legal acts, statistical data of the Russian Federation, Russian scientific research.
The comparative legal method, methods of formal logic (analysis, synthesis, generalization, induction, deduction, etc.) were chosen as the main research methods.
Recently, the concept of employment as a whole has been changing, new types of employment have appeared, for example, platform employment, self-employment, which inevitably affects the change in the labor market. At the same time, the emergence of such types of employment that are atypical for the earlier period predetermines, on the one hand, a revision of the concepts of "illegal employment", "informal employment", on the other hand, the need to organize measures to combat illegal employment in the regions, which requires the creation of appropriate interdepartmental commissions. At the same time, based on the very concept of "illegal employment", enshrined in the law on employment, in fact, we are talking about identifying cases of substitution of labor relations for other types of employment. At the same time, the emergence of platform employment, which in its characteristics differs in part from labor relations, necessitates the normative consolidation of the characteristics of such employment, which requires the earliest possible adoption of a federal law on platform employment in Russia.
Keywords: employment; labor market; illegal employment; combating illegal employment; platform employment.
Ilya A. Mitrichev
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EMOJI IN FOREIGN JUDICIAL PRACTICE |
Abstract. The article examines cases of using emoticons (emoji) in foreign judicial practice. The relevance of the work is primarily due to the emergence of emoticons (emoji) in law enforcement and judicial activities. The need to provide a legal assessment of this way of expressing human thoughts. It is noted that the language used by people when communicating using the Internet has changed. Now it can be considered an "oral and written" language. The main goal of the article is to study the use of emoticons (emoji) in foreign judicial practice in order to assess the applicability of existing approaches in the world for Russian judicial reality. The article discusses the problems of defining emoticons (emojis), the problems of differences in the way the same emoticon (emoji) is displayed in different applications, as well as in different operating systems on both mobile and stationary devices.
When writing the article, general scientific methods (dialectical, logical, system analysis method) and special methods of legal science were used. For example, based on the objectives of the article, the comparative legal method was actively used in terms of comparison
The article provides examples of judicial practice in different countries. Both widely known examples and unknown cases are given. More attention is paid to examples of the practice of the PRC.
It has been established that the number of court decisions that touch upon emoji is not large compared to the number of all other cases. However, the number of cases of using emoticons in business is large - most situations do not reach court proceedings. The work reflects two approaches to the interpretation of emoticons (emoji), which are found in world judicial practice: the Four Corners Rule and the approach of the situational scheme for interpreting emoticons proposed in the PRC.
Keywords: emoticons, emoji, emoticon, text interpretation, contractual relations, comic contracts.
Leonid A. Zashlyapin
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LEGAL STATUS OF A DOCTOR IN EXAMINING A CORPSE ACCORDING TO THE CHARTER OF CRIMINAL PROCEDURE OF 1864 |
Abstract. The relevance of the study of the legal status of a doctor in criminal proceedings is associated with the expansion of his participation in procedural actions by the legislator. At the same time, it seems to be only partially definite. This is especially true for the examination of a corpse with the participation of a doctor, in which the competence norms form a competition between a forensic medical expert and a doctor.
It cannot be ruled out that the prototype of the normative rules on the legal status of a doctor was the previous criminal procedure legislation. In the Statute of Criminal Procedure of 1864, the doctor was mentioned as a participant in the criminal process several dozen times, his legal status had signs of uncertainty, creating problems of law enforcement. The identification of these signs can contribute to the improvement of the modern legal status of a doctor in the criminal process.
The main goal solved in the article is aimed at identifying the normative features that characterize the procedural (legal) position of the doctor in the examination of the corpse; correlation of the legal status of the doctor with the position of other participants in the examination of the corpse.
The method used in the course of the study was the chronodiscrete monogeographic comparative legal approach.
The conclusions formulated in the end are as follows.
The procedural position of the doctor in the rules of the Statute of Criminal Procedure of 1864 on the examination of a corpse did not have the signs of a formed procedural status. The doctor was an ordinary knowledgeable person who excluded the implementation of medical knowledge during the examination of the corpse, did not allow him to exercise the special legal capacity of the doctor in the examination of the corpse.
In the vertical procedural hierarchy, the doctor had a minimum amount of rights that excluded his criminal procedural activity, and his mention in the law created legal uncertainty.
Keywords: criminal process, criminal proceedings, doctor, specialist, expert, legal status, procedural status, status, legal capacity.
Sultan t. Khapchaev
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CONSULTATION AS THE BASIS OF THE ISLAMIC MODEL OF PUBLIC ADMINISTRATION |
Abstract. The relevance of the research is determined by the growing need to find effective models of public administration in Muslim countries that combine Islamic traditions with modern democratic principles.
The main purpose of the work is to comprehensively analyze the principle of "al-shura" as a fundamental decision-making mechanism in Islamic political and legal tradition and to evaluate the possibilities of its integration with modern democratic institutions.
The considered problems include the study of religious foundations of the shura principle, its historical evolution, features of institutionalization during the period of righteous caliphs, and analysis of the correlation between the Islamic concept of consultation and modern democratic practices.
The methods used are based on an integrated approach, including historical and legal analysis of Islamic sources, comparative method when comparing Islamic and Western political traditions, and systematic analysis when examining the mechanisms of consultative bodies' functioning.
The conclusions of the study indicate the possibility of creative synthesis between the shura principle and modern democratic institutions at institutional, procedural, and value levels, which can contribute to the formation of more effective forms of political organization in Muslim societies.
Keywords: shura, Islamic democracy, consultation, Islamic political system, righteous caliphs, Islamic law, public administration.
STATE-LEGAL REGULATION OF PUBLIC RELATIONS
Vladimir M. Lensky, Arkady I. Kochkarev
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PROBLEMS WITH THE IMPLEMENTATION BY DISTRICT POLICE OFFICERS OF CERTAIN MEASURES TO ENSURE THE PROCEEDINGS IN CASES OF ADMINISTRATIVE OFFENSES |
Abstract. The article considers certain measures to ensure proceedings in cases of administrative offenses used by district police officers in the implementation of their competencies, identifies problematic issues and makes proposals for their solution and consolidation in the domestic legal system.
The relevance of the article is due to drawing attention to the problems of the implementation by district police officers of measures to ensure proceedings in cases of administrative offenses, indicated in paragraphs 3 - 7 of part 1 of article 27.1. Administrative Code of the Russian Federation and insufficient legal regulation.
The main goal is the establishment and legislative regulation of measures aimed at increasing the efficiency of the use of personal inspection, inspection of things in the physical person, as well as removal from driving a vehicle of the corresponding type.
The problems under consideration are the absence in the administrative legislation of the Russian Federation of provisions regulating the voluntary issuance by a person of items, documents and valuables that may be relevant as material evidence.
The absence in part 1 of article 4.3 of the Code of Administrative Offenses of the Russian Federation of a provision establishing as an aggravating administrative liability the refusal to voluntarily issue items, documents and valuables subject to seizure.
Methods used. In the article, along with general scientific methods, comparative-legal, formal-logical, and other approaches were used.
The novelty of the publication lies in the conclusions recommended by the authors and proposals for improving administrative legislation.
Conclusions. To solve problematic issues that make it difficult
implementation by district police officers of personal inspection, inspection, being in the face of things, as well as removal from driving: toughening of sanctions, for refusal to voluntarily issue items, documents and valuables subject to seizure, used as material evidence in the production by district police officers of personal inspection, inspection, being in the face of things; provision of special devices - breathalyzers to those police stations located in remote, inaccessible areas of rural areas.
Keywords: personal search, inspection of things on the face, material evidence, breathalyzer.
Inna N. Pleshakova
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IMPROVEMENT OF THE SYSTEM OF MANDATORY PENSION INSURANCE IN THE RUSSIAN FEDERATION: DEVELOPMENT OF THE ATYPICAL IN SOCIAL SECURITY |
Abstract. The relevance of this scientific article is the consideration of theoretical issues of improving the system of compulsory pension insurance, payments from pension savings (lump sum payment of pension savings, urgent pension payment, payment of pension savings to the legal successors of a deceased insured person) as compulsory insurance coverage, which has features that are not typical in social security.
The main objective of the study is to study and analyze the issues of providing non-standard payments in the compulsory pension insurance system. The author analyzed the conditions for assigning payments from pension savings formed with the participation of additional insurance contributions, contributions to co-financing the formation of pension savings, income from their investment, funds (part of the funds) of maternity (family) capital.
The problems of the research under consideration are expressed in the study of a large array of legislation regulating the issues of providing non-standard payments in the compulsory pension insurance system, in the specifics of the conditions, grounds for providing such payments to insured citizens in the compulsory pension insurance system, as well as in the transfer of rights to the successors of insured persons.
The methods used in the study included general scientific methods (analysis, synthesis), as well as special methods (formal-legal), and the dialectical method.
The author concludes that in the Russian Federation the compulsory pension insurance system is developing dynamically at the present stage. Problems are identified not only in the functioning of the compulsory pension insurance system, but also in the low level of formation of pension savings by insured citizens. The purpose of such payments is to focus on equalizing the social status of insured citizens in society, stimulating them to actively participate in good faith in the compulsory pension insurance system. The study substantiated that payments from pension savings in the compulsory pension insurance system are not entirely typical for social security, as indicated by their features in the acquisition of the subjective right of the insured citizen.
Keywords: compulsory pension insurance, social risks, pension savings, legal successors, payments, atypical.
Denis A. Chistyakov
Abstract. Relevance of the Article: Following the adoption of the fourteenth package of sanctions in the summer of 2024, there has been an increase in the number of unfulfilled foreign trade contracts, which necessitates the improvement of administrative legislation regarding the responsibility of Russian residents to currency control authorities.
Main Objective of the Article: To analyze the main doctrinal and practical problems faced by parties to foreign economic contracts in cases of violation of currency control legislation, and to develop proposals for improvement based on the conducted analysis.
Problems Analyzed: The article analyzes issues related to the formation of the legal composition of administrative offense provided for in Part 5.2 of Article 15.25 of the Code of Administrative Offenses of the Russian Federation, as well as the emergence and termination of administrative liability provided for by this legal norm.
Methods Used: Analysis, synthesis, induction, and deduction of doctrinal legal sources (textbooks and classical monographs), as well as legal articles, commentaries, and essays. Analysis and summarization of relevant judicial practice on a given issue in the area of administrative and other civil cases.
Conclusions: The author proposes to improve the legislation by moving away from the discretionary nature of determining the deadlines for completing the performance of obligations under a foreign economic contract, eliminating the legal link between the deadlines for completing the performance of obligations under a foreign economic contract and the deadline for bringing to administrative liability, as well as the moment of full formation of the legal composition of an administrative offense, and replacing the excluded legal link between the deadlines for completing the performance of obligations under a foreign economic contract and the deadline for bringing to administrative liability, as well as the moment of full formation of the legal composition of an administrative offense, with a link to the crossing of material values across the customs border of the Russian Federation.
Keywords: administrative responsibility, currency transactions, currency control, currency control statement, foreign economic contract, force majeure, export, customs control, repatriation of funds.
RUSSIAN AND WORLD PROBLEMS OF CRIMINAL SCIENCE
Stanislav A. Batmanov, Victoria A. Koteneva
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LEGAL CERTAINTY OF LEGISLATION ON THE SUBJECT OF MEDICAL CRIMES |
Abstract. The relevance of this study is due to the high latency of medical crimes, the particular complexity of investigating this category of cases in the context of a variety of bylaws and the lack of timely regulation of the daily activities of medical workers.
The main goal of the study is to develop criteria for determining the appropriate subject of responsibility in cases involving medical professionals to criminal liability in the context of legal certainty of legislation in the relevant field.
The problems under consideration: in the context of legal certainty of legislation on medical crimes, the authors raise the issue of evaluating the actions of a medical worker when performing a particular medical service, determining the status of a medical worker to resolve the issue of the applicability of a particular measure of criminal liability to him and delineating responsibility between medical workers when providing assistance to the same patient.
The methods used: analysis, modeling, induction.
Conclusions: the criteria for determining the appropriate subject of responsibility are proposed, and the conclusion is made about the need for clear maintenance of medical records.
Keywords: legal certainty, iatrogenic crimes, medical crimes, the subject of responsibility in iatrogenic crimes, criteria for determining the subject of responsibility in iatrogenic crimes.
Artem Veliev
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AIDING AND ABETTING SUICIDE: THE ISSUES OF STATUTORY REGULATION AND LEGAL ENFORCEMENT |
Abstract. The article deals with topical issues of qualifying crimes covered by Article 110.1 of the Criminal Code of the Russian Federation. The relevance of this work is due to both the comparative novelty of the discussed provisions and the presence of challenges related to their ambiguous interpretation in both criminal law doctrine and law enforcement practice. In this regard, the primary objective of the study is to find ways to address the shortcomings in the criminalization of such acts. General scientific and specific legal methods were applied in this study. Besides, judicial practice, legal interpretations by the Plenum of the Supreme Court of the Russian Federation, normative acts, and papers of other researchers were used.
The article discusses legitimacy of joint qualification of aiding and abetting suicide, possibility of unaddressed incitement to suicide, the interrelation between offenses provided in Articles 110 and 110.1 of the Russian Criminal Code, as well as validity of sanctions for aggravated forms of aiding and abetting suicide.
As a result of the research, new approaches have been proposed to address the issues discussed. Amendments to the current legislation have also been suggested.
Keywords: criminal law, suicide, aiding and abetting suicide, inducement to suicide, assisting suicide.
Lidiya Grebenkova
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AGE OF CRIMINAL RESPONSIBILITY FOR INVOLVING A MINOR IN ACTIONS THAT POSE A DANGER TO THE MINOR'S LIFE |
Abstract. The article examines the age characteristics of the subject liable under Article 151² of the Criminal Code of the Russian Federation.
The relevance of this study stems from the fact that, in contemporary society, protecting the normal development, life, and health of minors is a priority of criminal policy. However, criminal law theory lacks a unified approach to determining the age of criminal responsibility. Various opinions exist regarding the age limits for criminal liability for crimes where the victims are minors.
The main objective is to propose a scientifically grounded solution to the issue of the age of criminal responsibility under Article 151² of the Criminal Code of the Russian Federation.
The problems addressed include: discrepancies in the legislator's approaches to establishing the age of criminal responsibility; grounds for raising the age threshold for liability for acts against minors; and the correlation between the social danger of acts committed by adults and minors against other minors.
The methods employed include general scientific methods of cognition, analytical review of scientific literature, formal-legal and critical-legal analysis, and legal hermeneutics.
Conclusions: The necessity of lowering the age of criminal responsibility under Article 151² of the Criminal Code of the Russian Federation to 16 years is substantiated due to the high social danger of the offense, the capacity of individuals aged 16-18 to understand its illegality, and the prevalence of this crime among minors. Enhanced penalties for adult offenders are proposed.
Keywords: criminal liability, age, minors, endangerment, involvement in illegal activities, social danger.
Tatyana Yu. Kuznetsova
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ON THE ISSUE OF RESPONSIBILITY FOR RECEIVING SEXUAL SERVICES FROM A MINOR UNDER THE LEGISLATION OF THE COMMONWEALTH OF INDEPENDENT STATES |
Abstract. The relevance of the study is determined by the problem of responsibility for receiving sexual services from minors, which is extremely relevant for the countries of the Commonwealth of Independent States (hereinafter – the CIS). Despite the adoption of a number of international conventions and protocols aimed at combating the sexual exploitation of children, this criminal act continues to spread widely in the region. The high level of poverty, social inequality and the lack of effective social protection measures for children create favorable conditions for the involvement of minors in the field of commercial sex. In addition, the lack of elaboration of criminal law norms governing responsibility for receiving sexual services from children makes it difficult to bring perpetrators to justice.
The main purpose of this study is a comprehensive analysis of the criminal legislation of the CIS countries in the context of establishing responsibility for receiving sexual services from minors. Within the framework of this goal, it is planned to study the existing criminal law norms concerning responsibility for the sexual exploitation of minors in the CIS countries, as well as compare the approaches of different states to the definition and qualification of this crime, identifying similarities and differences in legislative initiatives. In addition, it is necessary to assess the effectiveness of the application of these norms in practice and identify existing problems in law enforcement. In conclusion, recommendations will be proposed to improve the criminal legislation of the CIS countries aimed at strengthening the protection of the rights of minors and increasing responsibility for receiving sexual services from minors.
The methodological basis of the study was the methods of formal logic (analysis, comparison, generalization). As conclusions, recommendations are proposed to improve the criminal legislation of the CIS countries in terms of establishing responsibility for receiving sexual services from minors.
Keywords: minor, sexual services, sexual freedom and inviolability, public morality, client, remuneration.
Daria A. Rudenko
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THE LIMITS OF THE APPLICABILITY OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN THE ADMINISTRATION OF CRIMINAL JUSTICE |
Abstract. The relevance of the study of the features of the use of artificial intelligence in criminal proceedings at the judicial stage is due to the fragmented regulation of this toolkit and the lack of a single normative legal act that establishes the grounds and limits of the operation of this technology.
The main purpose of the article is to determine the limits of the use of artificial intelligence technologies in the administration of justice in criminal cases.
The methods used. The methodological basis was the provisions of materialistic dialectics as a general scientific method of cognition used to identify the essence of digital technology and to understand the specifics of its use in the field of criminal justice. A set of general scientific and special methods has also been applied to ensure the objectivity, comprehensiveness and completeness of the study of the subject of research. The author uses normative legal acts, the approaches of scientists, the experience of foreign countries in the context of the prospects for the use of artificial intelligence at the judicial stage, as well as the professional experience of the author, who is a practicing lawyer, as a theoretical and empirical base.
The problems under consideration. The author raises the problem of uncertainty of the limits of the use of artificial intelligence technologies in the administration of justice in criminal cases. Within the framework of this problem, the question of the possibility of a total replacement of a human judge by a robot machine is being considered.
Conclusions. The author, concluding that adjudication cannot be delegated to artificial intelligence, justifies the allocation of five acceptable areas of its use within the judicial stage of criminal proceedings: solving repetitive tasks by intelligent analysis of an array of data (optimization function), monitoring compliance by the court with formal requirements and rules (control function), prompt establishment of legally significant circumstances during the judicial review of criminal cases (auxiliary function), support for the judge's decision-making (the function of assistance in decision-making), assistance to the court in the statistical field (statistical function).
Keywords: artificial intelligence, judicial stage, algorithmization, criminal process, criminal proceedings, electronic justice.
LEGAL REGULATION OF ECONOMIC ACTIVITIES
Alyona A. Karpenko
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COMPARATIVE LEGAL ANALYSIS OF NON-CASH MONEY, ELECTRONIC MONEY AND THE DIGITAL RUBLE |
Abstract. The relevance. Cashless settlements and e-money have responded to the need to speed up and simplify exchange transactions in a globalized and digitized economy. Electronic payment systems and bank transfers have made it possible to optimize the settlement process and make it more transparent and efficient. In turn, the emergence of cryptocurrencies and blockchain technologies has opened a new chapter in the history of money, offering decentralized forms of settlement independent of traditional financial institutions. The popularity of remote means of payment requires proper legal regulation, which, at the current stage, faces a number of difficulties and contradictions.
The main goal. To identify the main characteristics of non-cash money, electronic money and digital ruble
The problems under consideration. The author analyzes the economic and legal definition of “money” and determines whether this category covers non-cash monetary funds. The study examines the conflict between the concepts of digital currency and digital ruble, which acts as a “new form of national currency”, as well as the technological inaccuracy of attributing the digital ruble to non-cash money.
The methods used. The article uses interdisciplinary approaches to illuminate the legal essence of “money” and its individual forms, which became available to economic entities with the development of digitalization. The formal-legal method was used in analyzing the legislative material.
Conclusions. The author concludes that the definition of “money”, “non-cash money” and “digital ruble” should be normatively fixed, taking into account their legal essence technological and economic properties.
Keywords: National payment system, non-cash money, electronic money, digital ruble, forms of money.
Тatyana I. Mikhailova
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ON THE ISSUE OF THE DISTRIBUTION OF THE BURDEN OF PROOF IN DISPUTES ON THE RECOGNITION OF A CREDITOR'S CLAIM AS A COMMON OBLIGATION OF SPOUSES IN A BANKRUPTCY CASE OF A CITIZEN |
Abstract. Relevance: In the framework of bankruptcy cases of citizens, isolated disputes on the recognition of a creditor's claim as a common obligation of spouses have become widespread. However, the courts take opposite positions on the issue of the distribution of the burden of proof in such disputes. This leads to a violation of the principle of uniformity of judicial practice, the rights of creditors and spouses of debtors.
Main objective: Analysis of the problems of imposing the evidentiary burden on the issue of recognizing the common debt obligations of spouses in the bankruptcy case of one of them, as well as developing their balanced solution.
Issues considered: Legal uncertainty on the issue of the presumption of common marital debts and the lack of a uniform approach in the distribution by the courts of the burden of proving the general nature of the obligation of spouses in separate disputes in the framework of bankruptcy cases of an insolvent spouse (ex-spouse).
Methods used: General scientific methods (analysis, synthesis, logical method), formal legal method.
Conclusions: There is a procedural link between the possible application of the presumption of the general nature of the obligations of the spouses and the distribution of the burden of proof in a separate dispute within the framework of the bankruptcy of one of the spouses. Rejecting the presumption of the common obligations of the spouses and placing the burden of proof on the creditor puts him in a state of evidentiary asymmetry in relation to the bankrupt citizen and his spouse. The author suggests a way to distribute the burden of proof between the parties to the process without making excessive demands on the creditor and automatically recognizing the debts of the spouses as common. A balanced approach in these disputes will be the redistribution of the burden of proof by the court, in which one of the parties is relieved of the need to prove a certain fact if another related fact is proven. In order to transfer the burden of refuting the creditor's position to an insolvent citizen and his spouse, it should be sufficient for the creditor to confirm the probabilistic assumption about the general nature of debts.
Keywords: bankruptcy of a citizen, common debts of spouses, common obligations of spouses, burden of proof of common debt, personal debts, evidentiary asymmetry.
Sofya A. Nikulina
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COMPARATIVE ANALYSIS OF CONTRACTS FOR THE TRANSFER OF RESIDENTIAL PREMISES FOR USE |
Abstract. The article examines the contracts stipulated by the current legislation that regulate relations on transfer of residential premises for use. The author determines the list of such contracts, analyzes their content highlighting the distinctive features of each contract in comparison with each other. The object of the study is public relations arising between the parties in connection with the transfer of residential premises for use. The subject of the study is the current civil and housing legislation of the Russian Federation, as well as legal acts of all levels in the field of regulation of relations on transfer of residential premises for use. The purpose of the work is to carry out a comparative analysis of all contracts on transfer of residential premises for use and to identify their distinctive features for each comparative criterion. The methodological basis is made up of general scientific and special methods of cognition, such as: dialectical, formal-legal, structural-functional, as well as analysis, synthesis, comparison, deduction. The author identifies a large number of criteria for comparison, by means of which the content of each contract is disclosed in sufficient detail. At the same time, the author conducts a comparative analysis, comparing contracts with each other, in order to demonstrate their distinctive features. The main conclusion of the work is the identification of similar and different features of contracts for the transfer of residential premises for use. The author's contribution is the analysis of 7 contracts for the transfer of residential premises according to 19 criteria, which clearly demonstrates that they differ in their legal nature and regulation of relations in this area. This comparative analysis is necessary for a detailed understanding of the complex social relations arising in connection with the transfer of residential premises for use.
Keywords: residential premises, hiring, tenant, lessor, social hiring, specialized residential premises, gratuitous use, rent, civil legislation, housing legislation.
