Journal headings
"Legal sciences"

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.

Annotation: The article analyzes the content of the legal principle nemo judex in propria causa within the framework of the domestic legal system. The variety of formulations of this principle is analyzed, as well as its legal nature in the context of the correlation of legal principles and legal axioms. The procedural and legal norms in which this principle finds its expression are considered in detail. Judicial practice regarding the application of this prin- ciple in the consideration of civil and administrative cases by courts is being studied. The conclusion is drawn about the extended interpretation of the nemo judex in propria causa principle in the domestic legal system in terms of its application not only in relation to courts, but also in the framework of the activities of other subjects of legal relations considering legal cases or performing other legally significant functions. It is concluded that the principles of independence and competitiveness do not coincide with this principle. At the same time, it is proposed to disclose in the procedural rules the principle of impartiality, a special case of which is the principle of nemo judex in propria causa. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: This article is devoted to a rather interesting and understudied area of criminal procedure science, precisely, the methodology of drafting criminal procedure acts. In this work, the author substantiates the relevance of the issues under consideration and analyzes the main concepts of “methodology,” “technique,” and “method.” The author compares and relates these concepts in relation to criminal procedure activities. The author’s goal is to explore the possibility of applying methodology in the drafting of criminal procedure acts and to define its essence. The work was carried out using the dialectical method, methods of analysis and synthesis, a systematic approach, logical-legal and legal interpretation. As a result of the conducted research, the work substantiates the theoretical and practical significance of conducting research on issues related to criminal procedure acts and the methodology of their compilation; it develops a definition of the concept of “methodology” and its relationship with the terms “method” and “technique”. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The article is devoted to a comprehensive analysis of the legal regulation of the status of insolvency practitioners in the United Kingdom. In particular, it examines such aspects of the topic as the procedure for obtaining the status of an insolvency practitioner and the requirements imposed on persons vested with this status; the role of professional associations responsible for licensing and certifying insolvency practitioners; and the remuneration of persons con- ducting insolvency proceedings. It is noted in the legal literature that “the regulation of insolvency and liability for illegal actions related to bankruptcy has been developing in England for several centuries.”2 The modern stage of the development of insolvency legislation, however, began with the adoption of the Joint Stock Companies Act (1844) and the Joint Stock Companies Winding-Up Act (1844). Thus, the United Kingdom has gone through a significant process of improving the legal framework of insolvency, which makes its study relevant, including for the purpose of borrowing best practices. The methodological basis of the study consists of general scientific methods of analysis and synthesis, as well as the specific scientific method of comparative legal analysis. The conclusion provides a number of findings that may be relevant for optimizing the legal regulation of insolvency in the Russian Federation. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The article discusses the key issues of the integration of artificial intelligence in the practice of expert activity in judicial proceedings. At the same time, the problem of the “black box” – the opacity of algorithms, which prevents a full legal assessment of the results – is highlighted. The complexity of the explainability of deep neural network solutions and their incompatibility with the requirements of procedural law, which provides for the verifiability and reproducibility of expert opinions, is analyzed. The authors discuss modern methods for increasing the transparency of artificial intelligence, as well as multi-level expert verification with mandatory documentation of procedures. The need for interaction between developers, experts and lawyers to create legally acceptable and scientifically sound systems is emphasized. Special attention is paid to the role of an expert in the context of digitalization. The risk of replacing an expert with algorithmic solutions and the associated decrease in the quality of judicial conclusions and loss of professional autonomy is considered. In general, the authors note that the successful implementation of artificial intelligence in judicial practice requires a balance between technological innovations and maintaining the key role of an expert, as well as the forming of a comprehensive regulatory framework that ensures transparency, legality and quality of expert opinions. In the text of the article, the Russian Federation is abbreviated as RF.