Journal headings
"Legal sciences"
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Release: 2025-1 (45)
DOI: 10.21777/2587-9472-2025-1-51-55
Keywords: family law, scientific discussion, method of family legal regulation, family legal responsibility, family offense, protection of family rights, public legal mechanism, private legal mechanism
Annotation: The article is devoted to updating the scientific discussion regarding the existence and legal nature of family legal responsibility, as well as its grounds. Taking into account the importance and substantial significance of the scientific assessment of all theoretical and applied aspects of responsibility in family law, the authors conclude that the current state of affairs in legal science clearly indicates the need to adjust both the composition of the principles of family law and the relevant characteristics of the method of family law regulation, including the recognition of an independent place family legal responsibility in the Russian national system of legal protec- tion measures. In addition, as a result of a brief analysis of the legal literature, the authors conclude that there is no unified methodological approach to determining the quantitative and substantive characteristics of the elementary composition of a family offense. The overall result of the reasoning is the conclusion that the sphere of state interests in terms of protecting and strengthening the family, preserving traditional family values, clearly indicates the need for the determining influence of public law mechanisms that ensure the effectiveness of family law regulation, which cannot but affect the specifics of family law responsibility. In the text of the article, the Russian Federation is abbreviated as RF.
PROBLEMS OF LEGISLATIVE GUARANTEES OF LABOR RIGHTS OF ELECTION COMMISSION MEMBERS
Release: 2025-1 (45)
DOI: 10.21777/2587-9472-2025-1-56-61
Keywords: electoral rights, guarantees of labor rights, elections, electoral commissions
Annotation: The purpose of this study is to investigate public relations related to the guarantee of citizens’ labour rights at their primary place of employment in connection with their participation as voting members of electoral commissions during the preparation and conduct of elections. The subject of the study is the relevant norms of domestic regula- tory legal acts. For this purpose, the current electoral and labor legislation is analyzed, the norms and principles of legal regulation are compared. Based on the results of the study, the main problems of legislation in the subject area and proposals for their elimination are identified. The results of the work can be taken into account for the purpose of improving legislation, as well as in ensuring organizational measures aimed at implementing guarantees of labor rights of members of election commissions. Implementation of guarantees of labor rights of members of election commissions is associated with ensuring a balance of public-legal and economic interests, which involves a deep analysis of trends and continuous improvement of legislative regulation and the law enforcement process. In the text of the article, the Russian Federation is abbreviated as RF.
Maksurov A. A.
Release: 2025-1 (45)
DOI: 10.21777/2587-9472-2025-1-62-70
Keywords: lease, tenant, public property, pre-emptive right, protection of competition, preliminary agreement, subject of proof
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.
FEATURES OF MODERN INTERPRETATION OF THE INVIOLABILITY OF THE RIGHT OF OWNERSHIP
Release: 2025-1 (45)
DOI: 10.21777/2587-9472-2025-1-71-76
Keywords: inviolability of property rights, spouses, interpretation of legal norms, seizure of land plots, common property of spouses, Constitution of the Russian Federation, bankruptcy of citizens, legal regime of property
Annotation: The legal regulation of property rights and its interpretation in judicial practice currently indicate a revision of the institution of property law. When various economic interests collide, the problem of defining the boundaries of the right of ownership arises, and, thus, it determines the relevance of the study. The problems of determin- ing the rights of the owner in the case of seizure of land plots and in the event of foreclosure on the share of the spouse in the common property of the spouses show a tendency to reduce its property sphere. In order to prevent erroneous interpretation of the inviolability of the right of ownership, it is necessary to provide a theoretical justification for the priority of more significant interests when determining the scope of the owner’s property sphere. It is necessary to limit the seizure of garden and vegetable plots of land owned by citizens, and to simplify the procedure for reimbursing the cost of a land plot to the former owner in the event of its seizure. In the text of the article, the Russian Federation is abbreviated as RF.
EVALUATION OF THE CONCLUSIONS OF FORENSIC MEDICAL EXAMINATIONS IN CRIMINAL CASES OF IATROGENIC CRIMES: OVERVIEW OF VIOLATIONS
Release: 2025-1 (45)
DOI: 10.21777/2587-9472-2025-1-77-83
Keywords: iatrogenic crimes, commission forensic medical examinations, medical violations, investigation of medical er- rors, evidence, evaluation of evidence, evaluation of expert opinions, violations in the investigation
Annotation: The presented article is devoted to the investigation of iatrogenic crimes (crimes caused by medical errors in the provision of medical care). The relevance of the stated topic is dictated by acute social sensitivity to medi- cal violations, the importance of the object of encroachment (human life and health), as well as the continuing difficulties in proving criminal cases in this category. The novelty of the author’s approach to the problem is not the proposal of theoretical recommendations, “how to investigate” criminal cases of the analyzed category, but the analysis of violations, on the basis of which specific application rules are formulated, “how NOT to” conduct an investigation. The aspect related to conducting commission forensic medical examinations of the quality of medical care provided is considered in detail. Typical violations of investigators in evaluating expert opinions have been identified. It has been revealed that these evidences are not always reasonably given priority. The judicial practice of the courts passing acquittals against medical workers in connection with the incompleteness or incorrect assessment of expert opinions is analyzed. Typical violations of investigators in assessing the expert opinions received have been identified. It has been re- vealed that these evidences are not always reasonably given priority. The article analyzes the judicial practice of courts passing acquittals against medical workers due to incomplete or incorrect assessment of expert opinions. This work can be used both in the investigative and judicial practice of investigation and consideration of criminal cases of iatrogenic crimes, and for the development of further theoretical provisions on the issue under study. In the text of the article, the Russian Federation is abbreviated as RF.