Journal headings
"Legal sciences"

Annotation: The article states that hierarchical relations between people are a natural phenomenon. Hence the separation of the ruling elite in society is just as natural and inevitable. Moreover, those in power have a certain set of such personal qualities and character traits that, in fact, allow them to occupy leading positions. Author analyzes in detail these qualities.

Annotation: The article is dedicated to S.I. Gessen, a representative of Russian Baden neo-Kantianism, whose views (S.I. Gessen, B.V. Yakovenko, F.A. neo-Kantianism as a distinctive formation. The creativity of S.I. Gessen demonstrates both the reception of the main principle in the interpretation of history, which is understood as having a relative character, since everything is decided by values, and the methodological developments of the founders of the Baden school of neo-Kantianism.

Annotation: The potential of the analogy of law, which made it possible to find new forms and methods of procedural interaction with litigants, has not been fully exhausted and has been actively developing in a pandemic. The example of Austria and the Federal Republic of Germany suggests that it is important to keep the golden mean between the observed tendency towards de-ceremonization of court proceedings and the need to follow the fundamental principles of justice. The objective of the research is to provide a brief overview of the experience of civil law proceedings in the context of a pandemic using the example of Austria and the Federal Republic of Germany, and to consider 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 technologies. The methodological basis of the study was: formal legal method, comparative legal method, as well as general scientific methods of cognition. An analysis of the foreign experience of the legislator and law enforcement officer in a crisis situation allows us to formulate for the future some ideas highlighted by the conditions of the pandemic and requiring public discussion. It is indicative that despite the analysis of the experience of two independent systems, a number of mechanisms proposed for implementation have common fundamental features: the transition to the active use of video conferencing, including with parties located abroad, the presence of developed mechanisms for the suspension of procedural deadlines during extraordinary events.

Annotation: This article will address the most pressing problems of law enforcement in simplified proceedings of the arbitration court, which are caused, for the most part, by the imperfection of the current legislation in this area, in particular, Chapter 29 of the Arbitral Procedure’s code of the Russian Federation, and require close attention from the legislator. First of all, these are such controversial issues as the expediency of setting a 15-day period for filing an objection and evidence; what procedure for notifying the parties is acceptable in simplified proceedings, and what is not; how are the key procedural principles of competition and dispositivity implemented in the framework of a single hearing on a case; and whether the category of cases that the legislator currently refers to the main goals of the simplified procedure – procedural economy. In addition, it is impossible to deny the existence of theoretical problems in simplified arbitration proceedings, for example, in determining the legal nature and essence of simplified proceedings, which is also the purpose of this article.

Annotation: The article provides a description of the current legislation governing relations arising from contracts paid services, examines the legal definition of “service” and “provision of services”, the peculiarities of the contract of compensated rendering of services in comparison to a contract perform work, shows new trends and directions of development of contractual structures services in the private law sphere (digitalization, uberization), identifies a number of gaps and contradictions in the legal regulation of the contract of compensated rendering of services, the proposals on their elimination. It is concluded that the theoretical basis of the contract for the provision of paid services needs to be adjusted, supplemented and clarified, and the legal norms governing the contract for the provision of paid services need to be upd ated and improved by law. While the prospects for the development of the legal institution of paid services are seen, firstly, in the expansion and detailing the general provisions on contracts for the paid services in the Civil Code of Russia, secondly, in the development of a se t of special rules contained in other legal acts regulating varieties of contractual institute of paid services in general.