Journal headings
"Legal sciences"

Annotation: The experience of Russia shows that those enterprises that have entered the bankruptcy procedure, as a rule, cease their activities. At the same time, it should be noted that various methods exist abroad and are more actively used to prevent a company from being brought to bankruptcy. For example, in Western Europe, about 75 % of “problem” enterprises restore their solvency before the start of the litigation process. In the event that bankruptcy is inevitable, this procedure considered as a judicial way of restructuring the business of debtor organizations. The article shows that the choice of a system of entry into the bankruptcy procedure, different from the national models used, through the monitoring procedure is justified and has as a basis not only a formal legal aspect, which the Constitutional Court of the Russian Federation pointed out in its ruling, but also a deep economic sense based on the political economy of K. Marx, on principles of capital forming and its turnover. The methodological basis was formed by formal-legal, comparative-legal methods. The article proposes one of the possible ways to restore the activities of a limited category of enterprises belonging to small and medium-sized businesses.

Annotation: The performance of obligations by a third party often leads to practical problems and fails to adequately protect the rights of its participants. The purpose of the article is to find the most effective criteria for distinguishing obligations performed by a third party, as well as possible options for their subsequent action in connection with this circumstance. The methodological basis of the article is a set of dialectical and systematic research methods, as well as a teleological approach, according to which third parties perform obligations for the debtor, which affects their termination in different ways. The classification of these obligations on various grounds is given on the example of subrogation claims, a surety agreement and a property insurance contract. The author’s position regarding third parties as participants in obligations that do not have an independent claim, but carry the function of performing the obligation, is reasoned. The proposals to improve individual articles of civil legislation, allowing to eliminate gaps in legal regulation, are made.

Annotation: This article analyzes the problems of legal proceedings against persons under the age of majority, for several reasons, in particular: motherhood and childhood, the family are under special protection of the state, which is reflected in the basic law of our country, through the prism of the discussion relevant in recent years on the development of juvenile justice, and the development of specialized approaches to consideration of the categories of criminal cases mentioned above. The research objective is a brief review of the experience of conducting proceedings in the selected category of cases. The purpose of the study is to highlight the problems of the legal nature of the case. The methodological basis of the research was: the formal legal method, the comparative legal method, as well as general scientific methods of cognition. The conducted analysis allows us to conclude that the mechanism of judicial protection of the rights and legitimate interests of minors envisaged in the criminal procedure legislation needs to be improved, which is possible through moderate reception of positive foreign experience, for example, due to a more detailed and accurate interpretation of the provisions of the norms of the relevant procedural code.

Annotation: The paper describes the main directions of international legal cooperation in the field of ensuring the right to affordable and high-quality education for all. The problems of ensuring the right to education at the universal level, including those related to changes in the education system caused by the Covid-19 pandemic, have been identified. The purpose of the work, in particular, identification of features of international legal mechanisms for ensuring the right to education, was achieved through the general scientific methods used in the work (dialectical method, methods of analysis, synthesis, induction, deduction) and special scientific methods (legal analysis, comparative legal method). The conclusions formulated in the paper show the need for further improvement of international cooperation between states in the field of providing affordable and high-quality education for all, taking into account the conditions of modern society. The result of the work shows the importance of the right to education for both international and national law, as well as the influence of international education standards on domestic mechanisms for its implementation.

Annotation: The relevance of this article is due to the lack of unity of approaches in the scientific doctrine in relation to proprietary methods of protection. The imperfection of the current legislation and law enforcement practice necessitates a new scientific understanding of the civil law categories of property law. In this regard, this article presents the author’s view on the resolution of theoretical problems related to the stated topic. The subject of the research is normative legal acts, law enforcement practice and scientific concepts related to the main proprietary legal methods of protecting civil rights. The aim is to form an integrated approach to the understanding of property law methods of protection. The research methodology involves the use of both general scientific (analysis, classification, analogy) and private scientific methods of cognition (system-structural, method of interpretation, modeling). The article gives a procedural description of the two main proprietary legal methods of protection – vindication and negatory claims, including by analyzing the elements of these claims. The conclusions relate to the need to form a unified legislative concept on proprietary methods of protection, to determine the legal nature of the requirement to release property from arrest, as well as the conditions for the effectiveness of the use of various proprietary methods of protection.