Vol  10 - No 1 (2025)

PRIVATE LAW REGULATION OF SOCIAL RELATIONS

 

Elizaveta Gromova

TECHNOLOGICAL COMPANY AS A NOVEL OF RUSSIAN LEGISLATION

Abstract. Relevance. Development of technological entrepreneurship is one of the national interests of our country. In this regard, the legislator makes attempts to stimulate the activities of entities of this type of entrepreneurship. The aim of the paper is to analyze the legal regime and measures to stimulate technological companies - novelties of Russian legislation. The problems under consideration: lack of specification of the key norms of the basic act on technological companies; inconsistency of a number of its provisions with the current legislation. Methods. The formal legal method made it possible to study the conceptual and categorical apparatus that has developed in the field of research of technological companies; comparative legal analysis made it possible to identify the features of technological and distinguish them from related institutions; retrospective analysis made it possible to identify the main milestones in the development of technological companies in Russia. Conclusion: the need to regulate the activities of such companies in the legislation on small and medium-sized businesses.

Keywords: technology companies, technology, legal regime, novelty, incentives, small innovative enterprises, small technology companies.

 

Elena A. Usacheva

QUALIFICATION AND LEGAL CONSEQUENCES OF CIVIL TRANSACTIONS CONDUCTED BETWEEN SPOUSES REGARDING COMMON JOINT PROPERTY

Abstract. The relevance of the research is related to the ongoing discussion about the legal consequences of civil law transactions concluded by spouses regarding common joint property.

The main goal is to identify, formulate and evaluate the current position of Russian judicial practice regarding the legal qualification of a civil-law transaction concluded by spouses regarding common joint property.
The problems under consideration: methods of changing the legal regime of matrimonial property, qualification of transactions of spouses on the acquisition of property in shared ownership during marriage, qualification of a civil-law transaction concluded by spouses regarding common joint property.
The research is based on the dialectical method of cognition, using general scientific and special methods.
Conclusions. In accordance with the updated law enforcement position, a civil-law transaction concluded between spouses regarding common property is an independent basis for terminating the joint property regime without reclassifying the transaction. This position is vulnerable from the point of view of legal validity and socio-economic feasibility. It is advisable to further develop law enforcement practice in the direction of preserving the freedom of the participants in the transaction in choosing its type while simultaneously taking into account the family and legal specifics of the legal relations that bind them.
Keywords: statutory matrimonial regime, common joint property, division of matrimonial property, marriage contract, agreement on division of matrimonial property, transactions of spouses. 

 

Timofey I. Ivanenko

TRANSFORMATION OF THE INSTITUTE OF IRRESISTIBLE FORCE: HISTORICAL AND LEGAL ANALYSIS

Abstract. In recent years, there has been an obvious popularization of the institution of force majeure as a way of exemption from civil liability caused by the inability to fulfill obligations assumed under the contract. Such actualization is primarily associated with changing external factors – political, social, economic, and epidemiological. The article analyzes the existing problems of the concept of force majeure circumstances, their practical application on the basis of historical and legal analysis. The institution of force majeure has been known since the time of Roman law, and further doctrinal and legislative developments have formed several approaches to understanding the circumstances of force majeure. In the current conditions of development, there is an increasing need to analyze historical and legal features, through which the search for modernization of legislation in terms of the concept, signs and application of the institution of force majeure circumstances becomes possible.

The main purpose of the study is to determine the relationship between the features of the historical and legal development of the institute of force majeure circumstances and the problems of the modern institute of force majeure circumstances.
The main research methods used are methods of analysis, comparison, including comparative legal analysis and historical and legal analysis.
The author concludes that historically the approach to force majeure has changed depending on the development of public relations and the emergence of new extraordinary circumstances, which is typical of modern law.

Keywords: circumstances of force majeure, force majeure, doctrine of frustration, civil liability, incident, historical and legal analysis.

 

 PUBLIC REGULATION OF SOCIAL RELATIONS

Pavel M. Kolesnikov

EVOLUTION OF ALGERIAN PUBLIC PROCUREMENT LEGISLATION: FROM FRAGMENTATION TO CONSTITUTIONALIZATION

Abstract.Relevance. Algerian legislation on public procurement has come a long way in its normative and substantive development, reflecting not only internal economic transformations in the country, but also the legal importance given by the state to such an area of ​​legal relations as public transactions. The culmination of this legal and regulatory development was, firstly, the inclusion of provisions on public transactions in the Algerian Constitution and, secondly, the adoption of Organic Law «On the establishment of general rules for public procurement», which for the first time, at such a high level, regulated the system of public procurement. These circumstances, as well as the current instability of the legal provisions, make it necessary to examine them objectively.  

Main purpose. An analysis of the key stages in the evolution of Algerian public procurement legislation, as well as an examination of the problems that have accompanied this development for almost sixty years.

Problems under consideration. The article touches upon the problem of development of Algerian legislation in the field of public procurement, examines its peculiarities, as well as the influence of the French legal tradition on the formation of Algerian law on public procurement in the light of the constitutional reform. Taking into account the fact of proclamation of Islam as the state religion, special attention is paid to the issue of correlation of the current legislation on public transactions with the prescriptions of the Sharia.

Methods used. Within the framework of this study, historical-legal, comparative-legal, formal-legal methods, analysis of normative-legal material.

Conclusions. The evolution of Algerian legislation in the field of public transactions is associated not only with a gradual change in the form of the rules themselves, but also with fundamental transformations of the political and economic system of the Algerian state, the country’s exit from the French protectorate and its autonomous integration into the system of international economic relations.  Since gaining independence, Algeria has been striving to acquire its own legal model, including in the field of administrative and economic relations. To a large extent, this model, as well as the entire national legal system, formally, continues to be based on French law, however, in fact, the legislator is trying to introduce into it its own national component, based on the cultural and religious identity of Algerian  society.  The problem of adequately reflecting such an identity in the field of public procurement, led to the transformation of the economic goals pursued by the country's leadership in different periods of time. And, if initially, the legal acts regulating the sphere of public transactions were distinguished by a pronounced socialist orientation, now socialist protectionism has given way to a liberal model of economic administration, which has adopted both the ideas of the free market, based on the principles of fairness and competition, as well as the basic postulates of Islam, as a regulatory system and state religion in general.

Keywords: Algerian legislation, public procurement, evolution, public contract, public transactions, constitutionalization, Islam, Sharia, competition, fight against corruption.

 

Pailak G. Martirosyan

CURRENT PROBLEMS AND PROSPECTS FOR THE DEVELOPMENT OF LEGAL REGULATION OF PUBLIC CIVIL SERVICE IN THE JUDICIARY

Abstract. The relevance of the issues discussed in the article is due to the need to create and improve the institution of the state judicial service, which is associated with a number of significant and increasingly obvious problems arising in the field of legal regulation of judicial authorities in Russia. First of all, it should be noted that currently court staff at all levels have the status of government civil servants, which, of course, is related to their official legal status and responsibilities. However, the activities of these officials are unique, as they not only ensure the normal functioning of the judiciary, but also play a key role in the administration of justice, the execution of court decisions, as well as in ensuring other powers assigned to the courts. It is important to emphasize that their activities are directly related to the functioning of the judiciary as an institution that plays a central role in the system of separation of powers in Russia. This raises the question of the need to separate judicial officers into a separate category of employees, different from the general mass of State civil servants working in executive authorities. The main purpose is to study current problems and prospects for the development of legal regulation of the civil service in the judiciary. The problems under consideration are: the separation of the judicial service as a separate type of public service; the introduction of the practice of having two or three judicial assistants for one judge. Methods used: analysis, synthesis, formal legal method, comparative legal. Conclusions: the need to create a state judicial service; the introduction of the practice of having two or three judicial assistants for one judge; providing judicial assistants with separate functions for the administration of justice.

Keywords: State civil service; passage of state civil service; judicial service; judicial authorities; judicial officers.

 

 THEORY, HISTORY AND PRACTICE OF LEGAL REGULATION OF SOCIAL RELATIONS   

Maxim R. Rezakov

LEGAL REGULATION OF THE INTERACTION OF EDUCATIONAL AND MIGRATION POLICIES IN RUSSIA: EQUALITY OF OPPORTUNITIES AND INTEGRATION THROUGH EDUCATION

Abstract. Relevance. The increased labor migration has identified a number of gaps in the field of migration policy of our state and has determined the relevance of the considered legislative position of the legal regulation of the interaction of educational and migration policy.

The main aim of our research is to understand low-making directions that define modern ways in Russian education and to specify socialization effectiveness in case we grant the education rights to migrant children.

The issues under consideration are the interaction of educational and migration policy in Russia, the integration of migrants into society.

The methods used are comparative method, historical-legal, formal-legal.

Conclusions.  Ensuring equality in education for all students should be based on real consideration of equal opportunities to receive it, which inevitably leads to the question of the need to transform the education system in the country and expand the position of multicultural education.

Keywords: education, migration, educational policy, migration policy, person, citizen, equality, opportunities. Index.

 

Polina E. Fedorova, Leonid A. Zashlyapin

EVOLUTION OF THE ORDER OF STORAGE OF MATERIAL EVIDENCE

Abstract. The relevance of the study of the problems of storage of material evidence is predetermined by the Russian legislator, who in the current criminal procedure law has increased the number of regulatory norms devoted to the procedure for storing the said evidence by tens of times. At the same time, the very multi-branch existence of the institute of material evidence in criminal, civil, arbitration proceedings, administrative proceedings attracts attention to it.

The main goal realized in the article was to test the hypothesis that the normative regulation of the rules for storing material evidence during the periods of validity of various criminal procedure laws could be insufficient, which created problems in assessing the quality of evidence. The methods of conducting the study were formal-legal and chrono-discrete approaches.

The conclusions formulated as a result are as follows.

The regulatory rules for storing material evidence under the UUS did not form an unbroken chain. The gaps in regulation were filled with circular instructions that were not criminal procedural law. Due to this, the assessment of the quality (property) of material evidence was difficult.

In the Soviet criminal procedural law of 1923, the number of norms establishing the rules for storing material evidence (in relation to the UUS) was reduced. The emerging gaps in the regulation of the movement of objects recognized as material evidence were filled with detailed instructions. In this case, the procedural form of storing material evidence was largely absent, making it difficult to assess this evidence. A similar situation was observed in the last Soviet law.

The current law has significantly expanded the regulation of the rules for storing material evidence. In the theory of criminal procedure, a differentiation of the procedural order into general and special arose, allowing the development of the rules for storing material evidence as a complete procedural order for storing material evidence.

Keywords: criminal procedure, criminal proceedings, preliminary investigation, trial, procedural order, proof, evidence, material evidence, storage.

  

Alim A. Khamukov 

FEATURES OF THE ADOPTION AND APPLICATION OF EU ANTI-RUSSIAN SANCTIONS

Abstract. With the escalation of the Ukrainian crisis in February 2022, the European Union (EU) imposed thousands of new sanctions restrictions against Russia aimed at causing maximum damage to the Russian economy. In such conditions, according to the author, the relevance of research increases significantly, the subject of which is the procedure for adopting and applying restrictive measures of unfriendly states, as well as ways to minimize their negative impact on Russia.

The author of this article aims to analyze the specifics of the adoption and application of EU anti-Russian sanctions.

The article examines the problems arising from the lack of uniform legislation in the EU that ensures compliance with the Union's sanctions, which reduces the effectiveness of their implementation.

The study reveals the procedure and specifics of the adoption of EU sanctions and their application by the competent authorities of the member states of the Union. The role of judicial practice in this process is analyzed. The author also identified similarities and differences between the procedures for the implementation of national legislation and the direct application of restrictive EU measures in different countries of the European Union, and identified the disadvantages of the sanctions regime, the proper use of which, in the author's opinion, will help offset some of the costs caused by sanctions.
Keywords: European Union, anti-Russian sanctions, EU Court of Justice, restrictive measures, circumvention and violation of sanctions, EU Council.