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CORRELATION OF THE UDRP PROCEDURE AND ARBITRATION PROCEEDINGS

Page:23-27

Release: 2022-1 (31)

DOI: 10.21777/2587-9472-2022-1-23-27

Annotation: The paper analyzes the features of the consideration of domain disputes under the UDRP procedure and the possibility of attributing such proceedings to arbitration. The purpose of the investigation is a brief overview of the experience of conducting proceedings both through UDRP and arbitration courts. The purpose of the investigation is to highlight the problems of the legal nature of the case under the UDRP procedure and arbitration proceedings. 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 dispute resolution using UDRP does not allow us to consider this mechanism as a kind of arbitration. However, it allows us to conclude that these alternative conflict resolution mechanisms have a number of common features. It is confirmed by the judicial practice cited in the work, especially in light of the fact that disputes over domain disputes will only expand, among other things, due to the constant increase in the volume of the economy in the field of information and communication technologies.

TO THE QUESTION OF THE CONCEPT OF "POLITICAL SYSTEM"

Page:24-30

Release: 2022-3 (34)

DOI: 10.21777/2587-9472-2022-3-24-30

Annotation: The interest and relevance of this problem is due to the constant increase in the strengthening of the politicization of society, the broad involvement of the population in it. The focus here is on the political system, where the initial understanding, characteristics for it is its definition, concept. In this regard, the main purpose of the report is an attempt to develop such a definition, as well as a description of the constitutional regulation of issues of the political system. It shall be noted that it is very difficult to offer one universal such here. This is due to the versatility, the multidimensional nature of the political system of a particular country. In our opinion, the axes of its definition are based on politics, that it is defined by certain institutions. Two types are named: structural and regulatory. Hence, the definition of a political system is proposed – a set of diverse and at the same time dynamically connected structural and regulatory institutions through which power is exercised in the state. First of all, three main research methods were used: dogmatic, historical and comparative.

EVIDENCE USED TO SUBSTANTIATE THE POSITION ON THE CLASSIFICATION OF GOODS FOR CUSTOMS PURPOSES

Page:26-33

Release: 2022-4 (35)

DOI: 10.21777/2587-9472-2022-4-26-33

Annotation: The article discusses the specificities of proving classification disputes arising between declarants and customs authorities. The author indicates the most common errors that arise in the process of identification and classification of goods for customs purposes. As an empirical material, the author examines current judicial practice, during the analysis of which it is concluded that the parties to the trial are not always ready to substantiate their position on the choice of the classification code of the goods. Various materials may be cited as evidence, but each evidence individually is not decisive, none of the evidence has a pre-established force for the court and is subject to evaluation in conjunction with other evidence. In this regard, the author provides several practical recommendations on the list of evidence that can be used when the parties justify their position on the issue of attributing goods to a specific commodity item.

ON THE ISSUE OF THE PRACTICE OF APPLYING THE REGULATIONS OF THE RF CIVIL CODE ON THE ESSENTIAL TERMS OF THE SALE AGREEMENT

Page:26-29

Release: 2022-2 (32)

DOI: 10.21777/2587-9472-2022-2-26-29

Annotation: The article analyzes the law enforcement practice on the issue of determining the essential terms of the sale agreement and illustrates the adoption of opposite decisions on similar legal issues by the courts. The authors cite data confirming not so much the importance of scientific discussion on the list of essential terms of the sale agreement in general and its individual varieties in particular, as the urgent need to form the position of the highest court on this issue and its presentation in the relevant acts of the judiciary. In the course of a brief study the authors come to the conclusion that the legal regulation of this issue is not without declarative features in such general legal principles as justice and legality. Precisely this, in turn, confirms the urgent need to form the position of the highest judicial instances on the issue of the list of essential terms of the sale agreement and its presentation in the relevant acts of the judiciary.

THE USE OF DIGITAL SYSTEMS IN THE ACTIVITIES OF CORRECTIONAL INSTITUTIONS AND PRE-TRIAL DETENTION CENTERS

Page:28-32

Release: 2022-1 (31)

DOI: 10.21777/2587-9472-2022-1-28-32

Annotation: The paper investigates the issues of the implementation of modern digital technologies, technical means necessary to ensure the regime and supervision, security, safety of personnel, convicts, persons in custody, as well as other persons interacting with the system of execution of criminal penalties in the activities of management bodies and institutions of the penal enforcement system of Russia. The study was conducted in the period from 2003 to 2021 in the Moscow oblast, Smolensk oblast, Murmansk oblast, Ryazan oblast, Kalmykia region and Moscow. The purpose of the investigation is to assess the implementation of digital technologies and systems in the activities of institutions and bodies executing criminal penalties, executing a preventive measure in the form of detention, to ensure an appropriate regime, ensuring the safety of convicts, suspects, accused detainees, employees of the penal enforcement system and other persons, the realization of their rights, duties and legitimate interests. The activity of institutions of the penal enforcement system related to the execution of criminal punishment in the form of imprisonment, the execution of a preventive measure in the form of detention, as well as the activities of the Federal Penitentiary Service of the Russian Federation were investigated.