Journal headings
"Legal sciences"
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Release: 2025-2 (46)
DOI: 10.21777/2587-9472-2025-2-16-21
Keywords: citizenship, obtaining citizenship, recognition as a citizen, grounds for acquiring citizenship, new subjects of the Russian Federation, special military operation, SMO
Annotation: The presented work analyzes the institution of recognition as a citizen of the Russian Federation as a new basis for acquiring citizenship, introduced in 2023 by the Federal Law “On Citizenship of the Russian Federation” and a number of federal constitutional laws adopted due to the accession of new regions to Russia. Based on the results of the analysis, the need to review the procedure for automatic recognition as Russian citizens of those citizens of Ukraine who arrive in Russia from third countries, having previously lived in territories that came under the control of the Russian Federation after September 30, 2022, is justified. Based on the results of a brief study, the author proposes to revise the legislator’s approach to the automatic recognition by Russian citizens of those Ukrainian citizens who have permanent registration in the territories which became part of Russia after September 30, 2022, and did not express their intention to return to their place of residence or apply for Russian citizenship during a special military operation. This proposal concerns, first of all, those persons who arrive in the Russian Federation from third countries. In the text of the article, the Russian Federation is abbreviated as RF.
ON THE ISSUE OF THE CONCEPT, SIGNS AND FEATURES OF FINANCIAL AND LEGAL NORMS
Release: 2025-3 (47)
DOI: 10.21777/2587-9472-2025-3-21-26
Keywords: branch of law, financial law, financial and legal norm, signs of financial and legal norm, classification of financial and legal norms, financial relations, structure of legal norm, hypothesis, disposition, sanction
Annotation: This article is devoted to the analysis of the concept of “norm of financial law” as the main regulator of public relations arising in the process of financial activities of the state, that is, activities for the creation, distribution and use of state and municipal monetary funds for material (monetary) support of the tasks and functions of public legal entities. This publication examines the essence of financial law norms, the specifics of their structure, classification, analyzes the views of legal scholars on the signs characterizing financial and legal norms, and identifies the main differences between financial and legal norms from those of other branches of Russian law. Consideration of these issues seems relevant, since in the domestic scientific and educational literature there are relatively few studies devoted directly to financial and legal norms. As a result of this brief study, the author’s definition of the concept of “norm of financial law” is formulated, and the main features inherent in this type of legal norms and important are highlighted. In the text of the article, the Russian Federation is abbreviated as RF.
IMPOROPER USE OF PREMISES IN RUSSIAN CIVIL LAW
Release: 2025-2 (46)
DOI: 10.21777/2587-9472-2025-2-22-28
Keywords: premises, non-residential premises, residential premises, misuse, ownership, property, use of buildings
Annotation: The article examines the issues of legislative regulation and trends in law enforcement practice in the field of improper use of premises in light of changes in the provisions of civil legislation in this area. The article ana- lyzes a few examples of judicial practice in this category of cases. It evaluates the arguments on the possibility of applying Art. 287.7 of the Civil Code of the Russian Federation not only to premises, but also to buildings. Attention is drawn to the extensive intervention of public law in the issue of the targeted use of real estate by participants in private law relations. Based on the results of the study, the author concludes that the issue of the purpose of using non-residential premises is not clearly regulated by law and may cause ambiguous interpretation in law enforcement practice. The consoli- dation of the type of permitted use of capital construction objects in urban planning legislation took place even before the analyzed tough sanction appeared, which could lead to the termination of ownership of a valuable real estate object. In the light of the significant tightening of sanctions for the misuse of premises, science and judicial practice have yet to formulate approaches to the border of discretion of participants in private law relations when using objects belonging to them. 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 ISSUE OF THE LEGAL NATURE OF PREVENTIVE SELF-DEFENSE OF CIVIL RIGHTS
Release: 2025-3 (47)
DOI: 10.21777/2587-9472-2025-3-27-31
Keywords: self-defense, self-protection, preventive self-defense, legal nature, civil rights, means of civil protection, method of protecting civil rights, unlawful encroachment, system of legal means
Annotation: This article is devoted to an issue that has not received an unambiguous resolution both in the scientific literature and in the current civil legislation. The institution of self-defense of civil rights occupies a special place in the system of civil law methods of protection due to the relative simplicity and universality of its legal structure. In its most general form, self–defense of law is a method of countering an already existing unlawful encroachment, which in its content must correspond to the nature of such an encroachment, namely, be proportionate. Meanwhile, the legal structure of self-defense of law, from the point of view of current legislation, necessarily presupposes the presence of unlawful encroachment. This state of affairs inevitably leads to the need to resolve the issue of the legal nature of the so-called “preventive self-defense”, defined in the legal literature as a kind of self-defense of law. The general result of the authors’ arguments is the conclusion about the relatively independent legal nature of the institution of preventive self-defense and the need to separate this institution in the system of means of civil protection of rights and legitimate interests. In the text of the article, the Russian Federation is abbreviated as RF.