Release: 2025-1 (45)

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DOI: 10.21777/2587-9472-2025-1-7-12
Keywords: political and legal doctrine, legal doctrine, science of state law, form, content, formalization of science, sys- tematization of forms, classification of forms
Annotation: The aim of the study is to consider the key aspects of such a scientific problem as the relationship between the form and content of domestic political and legal doctrines. Applying a set of general scientific methods of cogni- tion based on a dialectical approach to the understanding of state and legal phenomena and the corresponding processes, the author comes to the conclusion that along with the development of interdisciplinarity within the framework of the modern stage of scientific rationality, rethinking the forms of external expression of political and legal doctrines in the context of their content (and elements of the corresponding political and legal doctrines) is acquiring a decisive character in light of the prospects for the general development of the science of the history of political and legal doctrines in the 21st century. The article substantiates the need for closer attention to the issue of the forms of external presentation of political and legal doctrines. The author bases his position using, first of all, a specific historical approach and analyzing pre-revolutionary teachings, as well as the results of the development of scientific legal thought in the field of science of state law. It is there that the dependence of the content on the form of external presentation of their teachings chosen by the authors (dissertation, monograph, scientific article) is manifested. In the text of the article, the Russian Federation is abbreviated as RF.
REGULATORY IMPACT ASSESSMENT AS A WAY TO INCREASE THE EFFECTIVENESS OF REGULATORY AND LEGAL ACTS
DOI: 10.21777/2587-9472-2025-1-13-21
Keywords: regulatory impact assessment, effectiveness, regulatory legal acts, system, conflict, legal mechanism, monitor- ing, law enforcement
Annotation: The article describes such interrelated categories, in the authors’ opinion, as “effectiveness of regulatory legal acts” and “assessment of regulatory impact” within the framework of scientific and practical approaches. As part of the study, the authors raise the question of whether, in principle, an objective assessment of the effectiveness of acts is possible, to what extent it depends on law-making and law enforcement. The answer to this question is complex and multifaceted and requires fundamental research. In this article, the authors conclude that any draft law should not be a mechanical set of legal norms, but should comply with the requirements of legal technology, language norms, and anti-corruption legislation; it should be adopted in accordance with the authority of the body that issued it, and should not contain provisions that run counter to the norms of higher-level acts. In ad- dition to all of the above, obviously, the draft law should be “working”, that is, aimed at optimizing those public relations that are the subject of its regulation. The authors consider the regulatory impact assessment procedure as one of the means to increase the effectiveness of regulatory legal acts by achieving these and other criteria. In the text of the article, the Russian Federation is abbreviated as RF.
THE COAT OF ARMS OF THE REPUBLIC OF ABKHAZIA AS THE CULTURAL CODE OF THE ABKHAZIAN STATEHOOD: SOCIAL ORDER IN SYMBOLS OF BALANCE AND PROGRESS
DOI: 10.21777/2587-9472-2025-1-22-29
Keywords: legal system, legal regulation, legal awareness, the concept of “cultural code”, the Abkhazian Nart epic, justice, cultural environment, Coat of arms of the Republic of Abkhazia
Annotation: The purpose of the study is to consider the “cultural code” as one of the most relevant concepts for humani- ties disciplines studying the state of culture in modern society. Interdisciplinary approaches to the definition of the “cultural code” are taken as a basis, indicating the complexity of this concept. The authors identify the meaningful structure of the concept of “cultural code” in relation to the Abkhaz reality in the parameters of deconstruction and reconstruction of images and symbols using the example of the State Coat of Arms of the Republic of Abkhazia and personifying symbols of social order and progress. Based on the results of the study, the authors identify several key theses and conclusions, in particular: the necessary features of legal regulation of public relations; that the theory of cultural code provides a contextual understanding of human communica- tive behavior and represents the relationship between communication and culture. This also means that in the dynamic interaction of the individual and the social whole, traditions and innovations, freedoms and obligations, both the individual human potential and the public benefit receive an increment.
ON THE PROSPECTS OF RUSSIA’S CONSTITUTIONAL DEVELOPMENT
DOI: 10.21777/2587-9472-2025-1-30-42
Keywords: The Constitution, Russia, values, private property, natural resources, ideology, the West, rights and freedoms, democracy
Annotation: The article is devoted to the analysis of the prospects for the constitutional development of the Russian Federation at the present stage of development of society and the state in the context of accumulated experience and current challenges in international relations. The article substantiates the need to adopt a new Constitution of the Rus- sian Federation. While appreciating the content, potential and direction of the 2020 constitutional amendments, the author is convinced that there is an urgent need for further accelerated progress in this direction. This is due to the fact that at least four fundamental provisions of the Basic Law are subject to cardinal revision until their decisive and final repeal. We are talking about part 2 of Article 13, which prohibits state ideology, part 2 of Arti- cle 9 of the Constitution, which allows private ownership of Land and other natural resources, part 1 of Article 1, declaring Russia a democratic state, article 2, proclaiming man, his rights and freedoms as the highest value. In the text of the article, the Russian Federation is abbreviated as RF.
TAKING INTERIM MEASURES AGAINST THE PROPERTY OF A PERSON WHO IS NOT A DEBTOR IN A BANKRUPTCY CASE
DOI: 10.21777/2587-9472-2025-1-43-50
Keywords: interim measures, subsidiary liability, the person controlling the debtor, the debtor in bankruptcy proceedings, third parties in bankruptcy proceedings, circumvention of the law for unlawful purposes, challenging the debtor’s transactions
Annotation: In the article, the authors consider the institution of interim measures taken with respect to the property of a person who is not a debtor in a bankruptcy case. Based on the analysis of the current legislation and the practice of its application, the specifics of the procedure and grounds for taking such interim measures are being studied. Based on the results of the study, it was concluded that the imposition on a person to whom no claims have been filed within the framework of bankruptcy relations, the adverse consequences of making such claims to a debtor-citizen or to a subsidiary debtor in the form of interim measures against the property of such a person should be carried out only at a court hearing to clarify his status as a controlled person and the actual ownership of his property, and an application for the adoption of these interim measures in the framework of a dispute over challenging a bank- ruptcy transaction that is not a debtor’s transaction, or without submitting claims to challenge the transaction to a person, it should be recognized as an abuse of law in the form of circumvention of the law for an unlawful purpose. In the text of the article, the Russian Federation is abbreviated as RF.
ON SOME ASPECTS OF FAMILY LEGAL RESPONSIBILITY AND ITS GROUNDS
DOI: 10.21777/2587-9472-2025-1-51-55
Keywords: family law, scientific discussion, method of family legal regulation, family legal responsibility, family offense, protection of family rights, public legal mechanism, private legal mechanism
Annotation: The article is devoted to updating the scientific discussion regarding the existence and legal nature of family legal responsibility, as well as its grounds. Taking into account the importance and substantial significance of the scientific assessment of all theoretical and applied aspects of responsibility in family law, the authors conclude that the current state of affairs in legal science clearly indicates the need to adjust both the composition of the principles of family law and the relevant characteristics of the method of family law regulation, including the recognition of an independent place family legal responsibility in the Russian national system of legal protec- tion measures. In addition, as a result of a brief analysis of the legal literature, the authors conclude that there is no unified methodological approach to determining the quantitative and substantive characteristics of the elementary composition of a family offense. The overall result of the reasoning is the conclusion that the sphere of state interests in terms of protecting and strengthening the family, preserving traditional family values, clearly indicates the need for the determining influence of public law mechanisms that ensure the effectiveness of family law regulation, which cannot but affect the specifics of family law responsibility. In the text of the article, the Russian Federation is abbreviated as RF.
PROBLEMS OF LEGISLATIVE GUARANTEES OF LABOR RIGHTS OF ELECTION COMMISSION MEMBERS
DOI: 10.21777/2587-9472-2025-1-56-61
Keywords: electoral rights, guarantees of labor rights, elections, electoral commissions
Annotation: The purpose of this study is to investigate public relations related to the guarantee of citizens’ labour rights at their primary place of employment in connection with their participation as voting members of electoral commissions during the preparation and conduct of elections. The subject of the study is the relevant norms of domestic regula- tory legal acts. For this purpose, the current electoral and labor legislation is analyzed, the norms and principles of legal regulation are compared. Based on the results of the study, the main problems of legislation in the subject area and proposals for their elimination are identified. The results of the work can be taken into account for the purpose of improving legislation, as well as in ensuring organizational measures aimed at implementing guarantees of labor rights of members of election commissions. Implementation of guarantees of labor rights of members of election commissions is associated with ensuring a balance of public-legal and economic interests, which involves a deep analysis of trends and continuous improvement of legislative regulation and the law enforcement process. In the text of the article, the Russian Federation is abbreviated as RF.
Maksurov A. A.
DOI: 10.21777/2587-9472-2025-1-62-70
Keywords: lease, tenant, public property, pre-emptive right, protection of competition, preliminary agreement, subject of proof
Annotation: The subject of this study is the specifics of the tenant’s realization of his pre-emptive right to conclude a lease agreement for a new term. The author examines the issues of the relationship between civil legislation on lease and legislation on the protection of competition (competition law). The author proposes to consider five special aspects of the implementation of the pre-emptive right by the tenant of public property from the point of view of clarification and interpretation of the provisions contained in the legislation. The article emphasizes that the specifics of provid- ing publicly owned property to a private law entity under lease terms are determined by the very purposes of using public property, expressed in the need to coordinate (harmonize) state and public interests of public and private principles. The main method for preparing the article was the method of system analysis, the application of which was facilitated by the techniques of formal logic and generalization of legal practice. Based on the results of the study, the author proposes possible changes to the civil legislation aimed at protecting the interests of the tenant in connection with the implementation of his pre-emptive right to conclude a lease agreement with him for a new term. In the text of the article, the Russian Federation is abbreviated as RF.
FEATURES OF MODERN INTERPRETATION OF THE INVIOLABILITY OF THE RIGHT OF OWNERSHIP
DOI: 10.21777/2587-9472-2025-1-71-76
Keywords: inviolability of property rights, spouses, interpretation of legal norms, seizure of land plots, common property of spouses, Constitution of the Russian Federation, bankruptcy of citizens, legal regime of property
Annotation: The legal regulation of property rights and its interpretation in judicial practice currently indicate a revision of the institution of property law. When various economic interests collide, the problem of defining the boundaries of the right of ownership arises, and, thus, it determines the relevance of the study. The problems of determin- ing the rights of the owner in the case of seizure of land plots and in the event of foreclosure on the share of the spouse in the common property of the spouses show a tendency to reduce its property sphere. In order to prevent erroneous interpretation of the inviolability of the right of ownership, it is necessary to provide a theoretical justification for the priority of more significant interests when determining the scope of the owner’s property sphere. It is necessary to limit the seizure of garden and vegetable plots of land owned by citizens, and to simplify the procedure for reimbursing the cost of a land plot to the former owner in the event of its seizure. In the text of the article, the Russian Federation is abbreviated as RF.
EVALUATION OF THE CONCLUSIONS OF FORENSIC MEDICAL EXAMINATIONS IN CRIMINAL CASES OF IATROGENIC CRIMES: OVERVIEW OF VIOLATIONS
DOI: 10.21777/2587-9472-2025-1-77-83
Keywords: iatrogenic crimes, commission forensic medical examinations, medical violations, investigation of medical er- rors, evidence, evaluation of evidence, evaluation of expert opinions, violations in the investigation
Annotation: The presented article is devoted to the investigation of iatrogenic crimes (crimes caused by medical errors in the provision of medical care). The relevance of the stated topic is dictated by acute social sensitivity to medi- cal violations, the importance of the object of encroachment (human life and health), as well as the continuing difficulties in proving criminal cases in this category. The novelty of the author’s approach to the problem is not the proposal of theoretical recommendations, “how to investigate” criminal cases of the analyzed category, but the analysis of violations, on the basis of which specific application rules are formulated, “how NOT to” conduct an investigation. The aspect related to conducting commission forensic medical examinations of the quality of medical care provided is considered in detail. Typical violations of investigators in evaluating expert opinions have been identified. It has been revealed that these evidences are not always reasonably given priority. The judicial practice of the courts passing acquittals against medical workers in connection with the incompleteness or incorrect assessment of expert opinions is analyzed. Typical violations of investigators in assessing the expert opinions received have been identified. It has been re- vealed that these evidences are not always reasonably given priority. The article analyzes the judicial practice of courts passing acquittals against medical workers due to incomplete or incorrect assessment of expert opinions. This work can be used both in the investigative and judicial practice of investigation and consideration of criminal cases of iatrogenic crimes, and for the development of further theoretical provisions on the issue under study. In the text of the article, the Russian Federation is abbreviated as RF.
THE “ABUSE” BY THE DEFENSE PARTY OF THE RIGHT TO APPEAL THE VERDICT
DOI: 10.21777/2587-9472-2025-1-84-90
Keywords: appeal, court, defender, accused, verdict, law, criminal case, abuse of law
Annotation: This article is devoted to the study of the problem of abuse of the right to appeal the verdict by defense counsel and defendants. Despite the fact that this constitutional right is designed to protect the legitimate interests of the parties, it is often used as a tool to resolve private issues, which not only contradicts the main objectives of criminal proceedings, specified in Article 6 of the Criminal Procedural Code (hereinafter — CPC) of Russian Federation, but also violates the rights and legitimate interests of other participants in criminal proceedings. The main obstacle to combating such abuses is the formal compliance of the content of appeals with the norms of the CPC of Russian Federation. The actions of unscrupulous appellants entail a number of negative consequences, which should include an increase in the workload of appellate bodies, violation of the principle of reasonable time of criminal proceedings, evasion of defendants from criminal responsibility as a result of the expiration of the statute of limitations. The article cites examples from law enforcement practice that contradict the applicants’ desire for justice, correction of judicial errors or restoration of their violated rights. The authors of the article conclude that it is necessary to improve Article 389.6 of the CPC of Russian Federation by clarifying the criteria for admissibility of appellate complaints (submissions). In the text of the article, the Russian Federation is abbreviated as RF.
COOPERATION BETWEEN CHINA AND RUSSIA IN THE FIELD OF MEDICAL EDUCATION IN THE CONTEXT OF UPDATING GLOBAL LAW
DOI: 10.21777/2587-9472-2025-1-91-101
Keywords: global law, global medical education, cooperation, healthcare, international regulation, international law, SCO, fundamentals of public health protection
Annotation: The purpose of the study is to provide a legal analysis of the processes and main forms of cooperation between the People’s Republic of China and the Russian Federation in the field of healthcare and medical personnel training, identify existing problems in this area and develop proposals for their solution. It is proved that in the context of global existential challenges to modern humanity, it is necessary to update global law, adequate to the nature and scale of threats. The information on the current state of cooperation between China and Russia in the field of medical education and professional training of doctors is summarized. A comparative review of the national legislation of the two countries and the scientific literature on the designated research topic has been conducted. It was noted that the PRC and the Russian Federation face similar problems and strive for the same goals in the field of healthcare and training of medical workers, and also have common needs for both bilateral cooperation and expanded interaction with member countries of regional and international governmental and professional communities. Based on a comparative legal analysis of the regulatory framework for medical education in China and Rus- sia at the present time, the conditions and factors determining the need to improve the professional training of medical professionals in these countries have been identified. Possible ways to strengthen the participation of the People’s Republic of China and the Russian Federation in global health management and the training of highly qualified medical personnel are considered. At the same time, it was noted that such problems as the lack of a clear position on the issues of medical education standards, insufficient legal support for medical activities and professional training, as well as contradictory reasoning of innovations prevent the forming of unified approaches to synchronization and management of training of highly qualified personnel in the process of implementation of grand national projects for the development of health care in the PRC and the Russian Federation in the period up to 2030. The opinion is expressed on the need to develop intergovernmental cooperation between China and Russia in the field of health care training, to expand the space of cooperation through the mechanisms of “SCO” and “BRICS plus” with the global involvement of countries with similar interests and goals, legal means, to strengthen the unified image of effective global interaction and partnership in the field of medical education and health care in general. The opinion is expressed about the expediency of creating a global synchronized system of medical education in the future, justified by the global normative system. In the text of the article, the Russian Federation is abbreviated as RF.