Release: 2023-1.1 (37)

2023-1.1 (37)
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ILLEGAL INTEREST AS AN ELEMENT OF QUALIFICATION OF ABUSE OF RIGHT

Page:7-11

DOI: 10.21777/2587-9472-2023-1.1-7-11

Annotation: The article is devoted to the definition of the concept of illegal interest and its role in qualifying the abuse of the right. The coverage of legitimate interest in legislation and judicial practice is considered. It is noted, that the legislator pays quite a lot of attention to the protection of legitimate interests in many legal acts, but does not give it legislative consolidation. The interpretation of this definition by the courts has a different character and does not always coincide. At the same time, illicit interest is a criterion for determining the most important legal category of abuse of the right. The presence of an unlawful interest of a person indicates his/her intention to violate the rights of other persons or bad faith behavior expressed in an indifferent attitude to the violation of the rights of participants in legal relations. The article also identified the distinctive features of a legitimate interest and defined the boundaries of its determination by the courts. Based on the results, a definition of abuse of the right is drawn up, which emphasizes the role of illegal interest in this legal category.

THE IMPROVEMENT OF THE MECHANISM FOR IMPLEMENTING AN ACCESSIBLE ENVIRONMENT FOR THE DISABLED ON THE EXAMPLE OF RUSSIAN AND FOREIGN LEGISLATION

Page:12-17

DOI: 10.21777/2587-9472-2023-1.1-12-17

Annotation: The subject of scientific study in the article is a set of norms of Russian legislation that determine the mechanism for implementing an accessible environment for the disabled. The purpose of this work is a comprehensive study of the existing mechanism for implementing an accessible environment for the disabled, taking into account domestic and foreign experience. The work uses methods of comparative analysis, comparative legal research and characteristics, methods of dialectical analysis, methods of philosophical and philosophical-legal analysis, dispositive and imperative methods, the method of legal regulation. Based on the results of the work carried out, the conclusion is substantiated that the legal regulation of public relations with the participation of persons with disabilities is an important tool for achieving a balance between public power and individual freedom in modern states. The results of the work can be applied both in theory and in practice, as they indicate further directions for improving and developing the mechanism for implementing an accessible environment for people with disabilities.

PROSPECTS OF THE PENSION MODEL IN MODERN RUSSIAN REALITIES

Page:18-25

DOI: 10.21777/2587-9472-2023-1.1-18-25

Annotation: The relevance of the article is due to the lack of uniform ideas about the pension provision model corresponding to modern realities. Russia is facing the same problems in the pension sector as all economically developed countries. The completed demographic transition has led to a qualitative transformation of the age structure of the population, a significant increase in the number of elderly citizens combined with a decrease in the proportion of able-bodied citizens. The model of the pension system of our country, which has retained the features of the Soviet distribution system, requires a conceptual revision today. The author’s view on the resolution of theoretical problems is presented, conclusions are formulated about the vector of development of pension provision, the subject of the study is domestic and foreign scientific research devoted to the prospects of the pension provision model. The purpose of the study is related to the development of an up-to-date vision of the pension provision model. The conclusions stated concern the need to develop a new social contract of generations that can set the vector of development of the pension provision model for the future decades, ensuring the predictability of state social policy and, as a consequence, the prevention of social conflicts.

ORGANIZATION OF MUNICIPAL FINANCIAL CONTROL

Page:26-32

DOI: 10.21777/2587-9472-2023-1.1-26-32

Annotation: The article contains an analysis of the municipal government reform in the regions of the Russian Federation, including issues of the organization of municipal external financial control in the subjects of the Russian Federation. It is known that the procedure for creating an effective mechanism for the work of the municipal government is not possible without an effective system of financial control at the municipal level. Basing on the example of the Chuvash Republic, we have justified the need for a transition from a two-level system of local government to a one-level system. At the same time, arguments are given in favor of transferring the authority to conduct municipal external financial control from the control and accounting bodies of the Ministry of Defense to the control and accounting bodies of the subjects of the Russian Federation. The above actions should practically contribute to compliance with the basic principles within the framework of financial external control. First of all, positive changes will occur in relation to the principle of independence, and therefore the effectiveness and objectivity of such control will be justified.

REFUTATION OF DEFAMATORY INFORMATION AS ONE OF THE METHODS OF LEGAL PROTECTION OF BUSINESS REPUTATION: CONDITIONS OF APPLICATION

Page:33-37

DOI: 10.21777/2587-9472-2023-1.1-33-37

Annotation: Due to the rapid development of information and communication links and the active entry of Russian corporations into international markets, the issues of protection of intangible benefits are increasingly becoming the object of legal science research. One of the objects of non-property rights is business reputation, as well as ways of its legal protection. The analysis of judicial practice shows the importance of considering regulatory issues in the field of business reputation protection, since the application of current legislation in the field of business reputation protection often faces certain problems. According to the norms of civil legislation, one of the methods of protecting business reputation is protection by refuting defamatory information. The article discusses the necessary and sufficient conditions for the application of protection of business reputation by refuting the defamatory information of the applicant. As a result, it is shown that the use of protection of business reputation by refuting defamatory information is possible only if all three conditions defined by the norms of civil law.

THE CORRELATION OF THE CONCEPTS OF "INSOLVENCY" AND "BANKRUPTCY"

Page:38-43

DOI: 10.21777/2587-9472-2023-1.1-38-43

Annotation: The article presents the result of a study of the legal meaning of such terms as “insolvency” and “bankruptcy” on the basis of existing approaches formulated in the scientific and legal doctrine, namely: the traditional approach (distinguishing the concepts of “insolvency” and “bankruptcy” and referring them to different legal areas); the approach according to which these concepts are interconnected and correlated as a cause (insolvency) and a consequence (bankruptcy); the legislative approach. A comparative analysis of the definitions of the thesaurus under study is carried out according to the scientific and theoretical position of specialists and researchers in the field of domestic law. The issue is raised on the expediency of differentiating the concepts of “insolvency” and “bankruptcy” in relation to legal practice. The methodology of analysis includes several preferential research methods, namely: comparative, historical, dogmatic. Based on the analyzed theoretical knowledge, as well as using those as the main argument, a conclusion was stated that accumulates modern approaches to the definition and differentiation of the terms “insolvency” and “bankruptcy”.

COMPARATIVE LEGAL ANALYSIS OF GENERAL PARTNERSHIPS IN THE RUSSIAN FEDERATION AND FOREIGN COUNTRIES

Page:44-48

DOI: 10.21777/2587-9472-2023-1.1-44-48

Annotation: This article discusses the issues of legal regulation of the process of the legal status of general economic partnerships in the Russian legal field and in foreign countries. The legal nature of economic partnerships is revealed, as well as their distinctive features are highlighted. One of the most promising and interesting tasks for legal theory and significant for the development of the Russian economy is the study of the legal structures of forms of entrepreneurship in foreign countries and the possibility of using this experience to improve the relevant norms of Russian civil legislation. Based on such grounds, a comparative legal analysis of the legal regulation of general partnerships in the Russian Federation and foreign countries was carried out, considering their common features and significant differences. The results of the analysis show that it is possible to identify certain significant problems that are associated with the omission of the legislator in the process of transforming such a form of organization as a partnership, which in turn creates obstacles to conducting economic activities within this form of organization.

SOME ASPECTS OF RECOVERY OF ALIMONY IN ENFORCEMENT PROCEEDINGS

Page:49-56

DOI: 10.21777/2587-9472-2023-1.1-49-56

Annotation: The relevance of the topic under consideration lies in the desire to neutralize some of the problems that arise when collecting debts on alimony obligations, due to the increasing total debt and an increase in the number of enforcement proceedings for the recovery of alimony. The tasks of the study are a brief overview of the legislative regulation of the assignment of alimony and the process of their recovery, identification of problematic aspects on this topic. The purpose of the study is to highlight the problematic aspects of the forced recovery of alimony, with suggestions for their possible elimination. Methodological basis: formal legal method, comparative legal method, as well as general scientific methods of cognition. The article discusses some of the problems that arise when collecting debts on alimony obligations. The regulatory framework governing the procedure for paying alimony, as well as the procedure for the activities of the Federal Bailiff Service of Russia in this area is analyzed. Some factors that have both positive and negative impact on the recovery were studied. Recommendations and possible ways of resolving the existing problematic situations are given, namely, amendments to the current legislation in order to tighten the regime of entry into the territory of the Russian Federation of persons who are debtors of alimony obligations.

DELIBERATIONS OF THE PARTIES AND LAST WORDS OF THE DEFENDANT IN COURT

Page:57-61

DOI: 10.21777/2587-9472-2023-1.1-57-61

Annotation: The subject of the study – the norms of law, provisions of literature on the pleadings and the last word of the defendant. The purpose of the study is to identify the theoretical and legal features of the parties’ pleadings and the last word of the defendant. General scientific and special methods of scientific knowledge form the methodological basis of the research. Conclusions on the article are: the debate of the parties is formed from the speeches of the prosecutor and the defender; the issue on the order of speech is resolved by the court, but the prosecutor is always the first, and the defendant, his defender, is the last; at the stage of the debate of the parties, inadmissible evidence and those not presented in court proceedings cannot be mentioned. In this regard, Part 5 of Article 292 of the Code of Criminal Procedure of the Russian Federation should specify that the presiding judge has the right to stop persons participating in the debate, including in cases when they cite evidence not considered at the court session. The defendant (his/her defender) has the right of the last remark. Following the debate of the parties, the defendant may exercise the right to the last word. At this stage, he/she cannot be asked questions, nor is the duration limited.

SPECIFICITIES OF THE QUALIFICATION OF A MURDER COMMITTED IN A STATE OF AFFECT

Page:62-66

DOI: 10.21777/2587-9472-2023-1.1-62-66

Annotation: The article discusses some features of the qualification of murder committed in a state of affect. The main objective and subjective features of this composition are considered, which serve to qualify the act in question in accordance with the criminal law norm. The scientific novelty of the article lies in the characterization of affect as a special feature of the corpus delicti. The establishment of this feature is particularly relevant due to the fact that affect is a mitigating circumstance provided for by the disposition of Article 107 of the Criminal Code of the Russian Federation. In the course of the research, both general scientific and private methods of cognition were used. The scientific and practical significance of the article lies in the possibility of using the main provisions of the study in the qualification of the considered corpus delicti and in the further development of the problems of criminal prosecution for murder in a state of affect.

CRIMINAL PROCEDURE FUNCTION: CONCEPT AND CONTENT

Page:67-71

DOI: 10.21777/2587-9472-2023-1.1-67-71

Annotation: The subject of research in this article is the criminal procedure function, its concept and content. The main purpose of the study is the analysis of such a category of criminal procedural law as a criminal and procedural function. In order to achieve this goal, it seems necessary to identify the historical stages of the forming and development of the institution of criminal procedural function, the approaches of legal doctrine to the definition of the concept and content of the criminal procedural function, the essential characteristics of the institution under study, allowing to distinguish it from other criminal legal phenomena. The author’s judgments regarding the definition of the content and concept of criminal procedural function are substantiated. Various methods of cognition were used, including the historical method, the method of analysis and synthesis. In the course of the study the author comes to the conclusion that the content of the criminal procedure function and its inherent features are determined differently by scholars on legal procedure, which remains relevant from the point of view of modern legal doctrine.