Journal headings
"Legal sciences"

Annotation: The article examines the legal positions of the Constitutional Court, justifying the right of the claimant to appeal the ruling on the cancellation of the court order due to the absence of valid reasons for the debtor to skip the deadline for filing objections, as well as the provisions of the draft law, consolidating the results of constitutional control in the system of legal norms. The purpose of the study is to evaluate the developed novels based on an analysis of the conceptual foundations of writ proceedings. According to the author, the key idea characterizing writ proceedings is the presumption of indisputability of the claimant’s claims, which determines ways to simplify and accelerate the form of protection of rights under consideration, including through truncation of adversarial proceedings and the issuance of judicial acts in absentia. At the same time, guarantees of the rights of the parties to the proceedings, ensuring procedural equality and protection against abuse of rights, are of particular impor- tance. The author concludes that the right of the claimant to appeal against the decision to set aside the judgment based on the debtor’s defenses raised outside the time limit should be stated in the text. As a result of the study, the importance of the legislative formalization of the legal provisions of the Constitutional Court, which establish guarantees of the rights of the claimant in writ proceedings and are not related to the unconstitutionality of the legal norm, is substantiated.

Annotation: The issues of applying the provisions of the Code of Administrative Offences of the Russian Federation, re- garding the use of the results of activities for the implementation of state control (supervision) and municipal control and the initiation of proceedings on an administrative offense, are increasingly becoming the subject of numerous discussions and publications. Within the framework of this article, the authors analyze individual control and supervisory measures and control and supervisory actions, through which officials of control and supervisory authorities receive and record evidence of violations of mandatory requirements in control and supervisory activities, and their subsequent possibility for use as evidence in cases of administrative offenses. It is concluded that strict compliance with the requirements of legality serves as a guarantee of recognition of the actions and decisions of officials of control and supervisory authorities as legitimate, and the results of control and supervisory measures and control and supervisory actions as appropriate evidence in the proceedings on an administrative offense.

Annotation: The relevance of the topic under consideration lies in the desire to neutralize some of the problems that arise when agricultural land is seized in case of improper use of land. The purpose of the study is to study a number of features of the seizure of agricultural land in case of improper use of land that require legislative regulation. Particular attention is paid to the problems of legislative application in the process of seizure of these land plots. The article analyzes the regulatory framework governing the procedure for termination of rights to land plots, as well as the exercise of the powers of state land supervision in this area of activity. Some features that have negative consequences both for agricultural land and for the owners of these plots were studied. Recommenda- tions and possible ways of resolving the existing problematic situations are given, namely, amendments to the regulation of the term and procedure for the seizure of agricultural land in case of improper use of land. The article uses the formal legal method, general scientific methods of cognition.

Annotation: The article is devoted to understanding the transformation of the historical concept of the symphony of powers and the religious tradition of conciliarity of society. The successful application of these concepts and traditions is predicted in the reconstruction of their essence (but not forms) as the idea of harmonious cooperation of au- thorities for the sake of the common good, as well as popular unity in the organization of modern civil society and public authority. The basis of such reconstruction is seen to be traditional values and the achievements of scientific and technological progress while ensuring a balance of private, group and common interests. The long history of interaction between society and the authorities of our state makes it possible to assess the posi- tive and negative consequences of using certain approaches in various periods of Russia’s development. It is concluded that effective modernization of public authority is possible only in alliance with civil society, relying on the spiritual, moral and state-legal traditions of Russia using the achievements of world state-legal science and practice, as well as modern technologies.

Annotation: This article is devoted to the analysis of the current state of the norms of domestic legislation on banks, the banking system of the Russian Federation and banking activities, as well as the identification of the main trends in its development. The article analyzes the amendments and additions made to the current legislation, primar- ily to the provisions of the Federal Law “On Banks and Banking Activities”, which is one of the key regulatory legal acts regulating the functioning of the Russian banking system. The article identifies the main innovations in domestic legislation on banking operations. A number of proposals is also formulated, which is aimed at clarify- ing and supplementing the conceptual apparatus used in this Law, with the aim of further improving the legal regulation of banking operations in Russia. The relevance of the study of innovations in banking legislation is beyond doubt. The explosive growth in the number of banking products offered to the public and legal entities is observed. The increasing debt burden of the population and, as a result, an increase in the total number of bankruptcy procedures for individuals forces the legislator to “hone” the basic definitions of the Law.