Journal headings
"Legal sciences"

Annotation: The article is devoted to relevant issues of the implementation of digital technologies in the field of jurisprudence. The modern movement of society towards digitalization involves an increasing number of social relations into its orbit – from science and education to economics and law. The development of digital technologies affects both the field of private and public law, which requires a serious analysis of the key factors of the introduction of digital technologies in the field of civil law. The purpose of this article is: to identify the legal understanding of the concept of digital technologies in general, and artificial intelligence in particular; to analyze the advantages and risks of using digital technologies in civil law; to make proposals for improving the implementation of digital technologies in the field of jurisprudence. The authors conclude that there is a need for legislative regulation of the use of digital technologies in public systems and propose the introduction of experimental legal regimes, which can become the tools that in the future can show their effectiveness in solving the problem of innovative and safe implementation of digital technologies in civil law.

Annotation: The introduction of Article 189.1 of the Criminal Procedure Code of the Russian Federation caused certain difficulties in conducting preliminary investigations, both from a procedural and tactical point of view. The article discusses problematic issues, the possibilities and expediency of conducting an initial interrogation and confrontation by using videoconferencing systems. The article analyzes the possible risks of losing the evidentiary value of testimony obtained during remote interrogation, as well as a possible increase in document flow, an increase in the number of subjects of investigation and a possible increase in the staff of internal affairs bodies. Attention is drawn to the lack of consensus among modern lawyers regarding the effectiveness of interrogation and confrontation through the use of videoconferencing. Special attention is paid to the organization and tactics of investigative actions through the use of videoconferencing with the participation of persons located in different time zones. According to the results of the study, it is proposed to make amendments to Article 189.1 of the Code of Criminal Procedure of the Russian Federation.

Annotation: The relevance of this article is due to the fact that there are problems with the seizure of property from the bankruptcy estate in bankruptcy cases, if such property is protected by executive immunity. The article reveals the issue of changing the law enforcement practice in relation to executive immunity. The actual judicial and practical changes in the sale of the debtor’s only housing as part of the insolvency (bankruptcy) procedure were studied. The nature of property immunity in case of bankruptcy of the debtor and the establishment of the limits of such immunity are investigated. In order to achieve the goal of the article the following tasks are outlined: to understand the concept of “enforcement immunity”, to determine the qualifying features, to determine the operation of this institution and compare it in the bankruptcy procedure with enforcement proceedings, to consider the limits of executive immunity, having studied in more detail the Resolution of the Constitutional Court of the Russian Federation dated April 26 2021 No. 15-P, as well as to determine the specifics of the sale of property that falls under executive immunity. General and specific methods of cognition were used during the investigation.

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.

Annotation: The article is devoted to the analysis of the essence of a civil contract as the main legal fact that generates property relations, as well as the place of contract law in the Russian legal system. The article considers the emergence of legal norms on contracts in domestic law, their evolution, the types of contracts provided for by the norms of Russian law at various stages of its development (Russkaya Pravda, Codes of Laws, the Code of Laws of the Russian Empire, the civil legislation of the USSR), as well as the place of the contract in the system of legal facts that generate, modify and terminate civil legal relations on at the present stage of development of domestic law. The views of legal scholars on the role and place of contracts in the system of legal facts are analyzed, a comparative characteristic of a civil law contract and other types of contracts, the conclusion of which is provided for by legal norms, is presented. The conclusion is made about the correlation of the concepts of “civil law” and “contract law” at the present stage of development of the Russian legal system.