Journal headings
"Legal sciences"
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Release: 2025-1 (45)
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
Release: 2025-1 (45)
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
Release: 2025-1 (45)
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
Release: 2025-1 (45)
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
Release: 2025-1 (45)
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.