Journal headings
"Legal sciences"

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.

Annotation: The study object of this article is the burden on the legislature of Russia, and the subject of research is to find the way to reduce it. The purpose of the work is to consider the statutory instruments of corporate bodies as the source of law, in order to cope with the burden on the legislature of Russia. The following basic methods were applied in order to achieve this goal: statistical analysis and comparative law analysis. The statistics from official government resources have been used for the analysis, the opinions of various scientists on specific problems and related issues have been studied. The result of the research shows that there is a tendency to constantly increase the amount laws and a constant novelization of legislation also exists. Furthermore, in the course of the study, a negative reaction of society to the phenomena mentioned above has been revealed. Recognition of statutory documents of legal entities as normative legal can be considered as a way to solve the problem. The proposed method will in theory give a number of positive consequences, such as the promotion of the trend of self-regulation of organizations. As a consequence it will give a more trusting relationship between legal entities and legislative and judicial authorities. As a result of the research, it can be considered that the proposed idea deserves more detailed consideration and further development.

Annotation: The subject of study in the article is a set of norms of civil, arbitration procedural legislation governing the use of videoconferencing in a trial. The aim of the work is a comprehensive study of the legal norms that characterize the appointment and conduct of a trial in arbitration and civil proceedings in the mode of videoconferencing. The methods of comparative analysis, comparative legal research and characteristics, methods of dialectical analysis, methods of philosophical and philosophical-legal analysis and other methods of scientific knowledge are used in the work. According to the results of the conducted work it was found that the definition of the concept of videoconferencing goes beyond the limits of legal and procedural regulation, is a supra-legal and supra-procedural phenomenon, associated with reasons of force majeure and extraordinary nature. The results of the work can be applied both in the theoretical and practical areas of application and purpose of the videoconferencing, are of interest for the doctrinal interpretation of the arbitration process as a science.

Annotation: The potential of the analogy of law, which made it possible to find new forms and methods of interaction with litigants, was actively developing in the conditions of the pandemic. The article reveals some problems of the functioning of the judicial systems of the studied countries in order to highlight the advantages and disadvantages of this experience. The task of the study is a brief review of the experience of civil proceedings in the context of a pandemic on the example of Australia and China, consideration of certain aspects of the digitalization of justice. The purpose of the study is to highlight the practical proposals of foreign jurisdictions to increase the accessibility of justice, to reflect the advantages and disadvantages of the experience gained in modernizing approaches to the use of information technology. Methodological basis is the formal legal method, comparative legal method, as well as general scientific methods of cognition. The analysis of foreign experience of working in a crisis situation allows us to formulate ideas for the future, highlighted by the conditions of the pandemic and requiring public discussion. It is significant that a number of mechanisms of the two independent systems proposed for implementation have common fundamental features: the transition to the active use of videoconferencing, including with parties located abroad, the availability of mechanisms for suspending procedural deadlines during the pandemic.

Annotation: Medieval Serbia and Bosnia were in direct contact with Western Europe and Byzantium. Bosnia was part of Rascia (Serbia) until the middle of the 10th century, and since then it has embarked on the path of independent development. At that time, Bosnia was under Byzantine domination, and later, by virtue of Hungary, Western influence prevailed. Both Western and Byzantine influences are visible in medieval Serbia. Since the time of Stefan Nemanja and his son Sava (Saint Sava), Byzantine influence has prevailed. The dual, Western and Byzantine influences on medieval Serbia and Bosnia will be presented through the analysis of four issues: state system, social organization, the penal system and the spiritual (ecclesiastical) area.