Journal headings
"Legal sciences"
All rubrics
Release: 2025-1 (45)
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.
LEGAL MECHANISMS FOR CHALLENGING TRANSACTIONS IN BANKRUPTCY PROCEDURES
Release: 2025-3 (47)
DOI: 10.21777/2587-9472-2025-3-85-92
Keywords: insolvency (bankruptcy), arbitration administrator, bankruptcy creditors, contesting transactions, civil and special grounds for contesting, non-competitive contesting, competitive contesting, inclusion in the register of creditors’ claims
Annotation: Bankruptcy has occupied an important niche in the life of society over the past decades. This conclusion is confirmed by the prevalence of the category of cases related to the insolvency of economic entities and individuals in the arbitra- tion case file. The purpose of the bankruptcy procedure is either to restore the debtor’s solvency, or the most effective settlement of debts owed to creditors. Achieving these two goals is possible through the sale of the debtor’s property, and therefore instruments of replenishment of the bankruptcy estate are of particular interest to civil lawyers, among which subsidiary liability and challenging invalid transactions are the most prominent. In this article, the author conducts a study of the mechanisms for challenging invalid transactions in insolvency (bankruptcy) cases based on theoretical and practical sources. A consistent analysis allowed us to identify three key models of challenging, including: out-of-competition challenging, competitive challenging, and challenging creditors’ claims when they are included in the register. Gaps in legal regulation have been identified, the elimination of which is critically important for the formation of a monotonous judicial practice, as well as the stability of legal relations and the rule of law. In the text of the article, the Russian Federation is abbreviated as RF.
EUROPEAN DEMOCRACY AND RUSSIA: CREATING THE IMAGE OF THE ENEMY. A VIEW FROM ITALY
Release: 2025-2 (46)
DOI: 10.21777/2587-9472-2025-2-88-92
Keywords: Russia, West, democratic state, sovereignty, state power, freedom, principle of nationality, war
Annotation: This article analyzes the international legal problems of sanctions imposed by European states against Russia fr om the standpoint of democratic principles of modern states and sovereignty of states, and offers a critical view of Western anti-Russian propaganda justifying sanctions. The article concludes that the West's "demoniza- tion" of Russia is based not on actions that significantly distinguish it from the rest of the world, but on the need inherent in state systems to create an enemy in order to assert their superiority. The object of criticism is those Western propagandas that, based on immoral manipulative dynamics, cope well with constructing an enemy only because they are disguised as a convincing, at least outwardly, ideological goal based on democratic principles. In reality, such mechanisms conceal strategies for the struggle for power in violation of the basic principles and norms of international law, going far beyond the territory wh ere wars are being waged, that is, into geopolitical games with economic and geographical interests on a much larger scale. Throughout the text of the article, the Russian Federation is abbreviated as RF.
LEGAL REGULATION OF SOLVING PROBLEMATIC ISSUES OF QUALIFICATION OF CRIMES IN THE FIELD OF ECONOMICS
Release: 2025-4 (48)
DOI: 10.21777/2587-9472-2025-4-91-97
Keywords: legislative adjustment, economic crimes, analysis, structure, dynamics, judicial practice, elements of the corpus delicti, method of committing crimes, legal problematic aspects
Annotation: The Constitution of the Russian Federation, in paragraph 1, article 8, establishes a rule indicating the imple- mentation of economic legal relations in Russia, providing for the guarantee of “the unity of the economic space, the free movement of goods, services and financial resources, support for competition, and freedom of economic activity”3. Precisely for the implementation of these significant aspects in the system of state regulation in Russia that the state policy in the field of economic security is being implemented at the federal, regional, municipal and sectoral levels, aimed at countering challenges and threats to economic security, preventing crisis phenomena in the resource and raw materials, industrial, scientific, technological and financial spheres, as well as to prevent a decrease in the quality of life of the population, consolidating the efforts of federal government bodies, state authorities of constituent entities of the Russian Federation, local governments, the Central Bank of the Russian Federation and civil society institutions to ensure economic security in order to protect objectively significant economic needs the country and the implementation of the national priorities of the Russian Federation4, which consist in the development of organizational, regulatory and legal measures, the implementation of which is guaranteed by the criminal law. 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
Release: 2025-1 (45)
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.