Journal headings
"Legal sciences"

Annotation: The legislator pays considerable attention to the suppression, disclosure, investigation and prevention of extremist crimes. Therefore, the struggle against crimes of this category is an important direction in the fight against crime, both on the part of law enforcement agencies and the state as a whole. The article analyzes the reasons for initiating a criminal case. It is noted that the reasons for initiating a criminal case of an extremist orientation are operational-search activities carried out by operational units, reports from tax authorities, information received directly from persons involved in other crimes. The procedural features of conducting individual investigative actions are investigated. It is emphasized that the conduct of investigative actions in this category of criminal cases is mainly associated with the seizure of information from electronic devices. The seized information is subsequently the subject of various forensic examinations. The author identifies some shortcomings in law enforcement practice for recording information in electronic form, as well as shortcomings and errors in the appointment of forensic examinations. Possible ways of resolving procedural problems are indicated.

Annotation: The purpose of the work is to study regulatory criminal-and-legal relations and its elements as a debatable category in the theory of criminal law. The relevance of the topic is determined by the presence of different opinions of scientists on the essence and content of regulatory criminal-and-legal relations, their relationship with criminal law relations and criminal liability. During the study of the issue, general scientific and private scientific research methods were used: dialectical, formal-logical, system-structural. The article analyzes the history of the issue of regulatory criminal-and-legal relations recognition in the general theory of law and the theory of criminal law, the contribution of individual scientists to the development of its concept. The article examines the moment of the initial emergence of these legal relations and their connection with the fact of publication and operation of criminal law norms, the characteristics of these legal relations from the point of view of their classification in the theory of law. The elements of the structure of regulatory criminal law relations (object, subjects, content) are considered, their relationship with positive criminal responsibility and criminal law behavior is determined, the author’s opinion on the issues under consideration is expressed.

Annotation: In modern civil turnover non-profit organizations have a number of important functions, including solving problems that the state system cannot cope with. In this regard one of the main trends of the institution of legal entities in Russian Federation is the transfer of non-profit organizations’ activities from the scope of private law regulation to the sphere of public law. At the same time most of the self-regulatory organizations are created and function precisely as non-profit legal entities. The article describes the features of the concept of self-regulation and selfregulating organization, its main features and functions as a non-profit corporate legal entity. The research uses general scientific, formal and logical methods of cognition. The author comes to the conclusion that self-regulation institution has an inter-branch legal nature being an element of the method of public relation regulation in civil law and also functions within certain public legal boundaries. The legal definition of a self-regulating organization makes it possible to consider it as a non-profit legal entity with the main characteristics of a corporation.

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.