Journal headings
"Legal sciences"

Annotation: The subject of this study is the specificities of distinguishing cases of abuse of rights in the framework of insol- vency (bankruptcy) proceedings of legal entities. The author uses a logical classification technique that provides a systematic look at the usually proposed chaotic definition of forms (types) of abuse of law in bankruptcy. The issues of the relationship between form and content in the context of abuse of rights as a special type of behavior are investigated. As a result, the author suggests considering the types of abuse of law in bankruptcy without separating this type of misconduct from its harmful results. The work criticizes both the positions of researchers who identify forms and types of abuse of rights in bankruptcy and the opinions of scientists who distinguish be- tween these concepts, but not always on the right grounds, or draw incorrect conclusions from such distinctions. The need to distinguish six forms (types) of abuse of rights in bankruptcy of legal entities, which are distinguished from types of abuse of rights, is substantiated. New arguments are presented to support the classification of abuse of law in bankruptcy as proposed in the doctrine, as well as additional classifications. These additions should include possible changes in civil legislation aimed at protecting the interests of participants in the insolvency (bankruptcy) case of legal entities, other interested parties, the State and society as a whole from misconduct resulting in abuse of law. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: This article is devoted to the analysis of the concept of “norm of financial law” as the main regulator of public relations arising in the process of financial activities of the state, that is, activities for the creation, distribution and use of state and municipal monetary funds for material (monetary) support of the tasks and functions of public legal entities. This publication examines the essence of financial law norms, the specifics of their structure, classification, analyzes the views of legal scholars on the signs characterizing financial and legal norms, and identifies the main differences between financial and legal norms from those of other branches of Russian law. Consideration of these issues seems relevant, since in the domestic scientific and educational literature there are relatively few studies devoted directly to financial and legal norms. As a result of this brief study, the author’s definition of the concept of “norm of financial law” is formulated, and the main features inherent in this type of legal norms and important are highlighted. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The article examines the issues of legislative regulation and trends in law enforcement practice in the field of improper use of premises in light of changes in the provisions of civil legislation in this area. The article ana- lyzes a few examples of judicial practice in this category of cases. It evaluates the arguments on the possibility of applying Art. 287.7 of the Civil Code of the Russian Federation not only to premises, but also to buildings. Attention is drawn to the extensive intervention of public law in the issue of the targeted use of real estate by participants in private law relations. Based on the results of the study, the author concludes that the issue of the purpose of using non-residential premises is not clearly regulated by law and may cause ambiguous interpretation in law enforcement practice. The consoli- dation of the type of permitted use of capital construction objects in urban planning legislation took place even before the analyzed tough sanction appeared, which could lead to the termination of ownership of a valuable real estate object. In the light of the significant tightening of sanctions for the misuse of premises, science and judicial practice have yet to formulate approaches to the border of discretion of participants in private law relations when using objects belonging to them. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The purpose of the study is to consider the “cultural code” as one of the most relevant concepts for humani- ties disciplines studying the state of culture in modern society. Interdisciplinary approaches to the definition of the “cultural code” are taken as a basis, indicating the complexity of this concept. The authors identify the meaningful structure of the concept of “cultural code” in relation to the Abkhaz reality in the parameters of deconstruction and reconstruction of images and symbols using the example of the State Coat of Arms of the Republic of Abkhazia and personifying symbols of social order and progress. Based on the results of the study, the authors identify several key theses and conclusions, in particular: the necessary features of legal regulation of public relations; that the theory of cultural code provides a contextual understanding of human communica- tive behavior and represents the relationship between communication and culture. This also means that in the dynamic interaction of the individual and the social whole, traditions and innovations, freedoms and obligations, both the individual human potential and the public benefit receive an increment.

Annotation: This article is devoted to an issue that has not received an unambiguous resolution both in the scientific literature and in the current civil legislation. The institution of self-defense of civil rights occupies a special place in the system of civil law methods of protection due to the relative simplicity and universality of its legal structure. In its most general form, self–defense of law is a method of countering an already existing unlawful encroachment, which in its content must correspond to the nature of such an encroachment, namely, be proportionate. Meanwhile, the legal structure of self-defense of law, from the point of view of current legislation, necessarily presupposes the presence of unlawful encroachment. This state of affairs inevitably leads to the need to resolve the issue of the legal nature of the so-called “preventive self-defense”, defined in the legal literature as a kind of self-defense of law. The general result of the authors’ arguments is the conclusion about the relatively independent legal nature of the institution of preventive self-defense and the need to separate this institution in the system of means of civil protection of rights and legitimate interests. In the text of the article, the Russian Federation is abbreviated as RF.