Journal headings
"Legal sciences"

Annotation: In the article, the authors consider the institution of interim measures taken with respect to the property of a person who is not a debtor in a bankruptcy case. Based on the analysis of the current legislation and the practice of its application, the specifics of the procedure and grounds for taking such interim measures are being studied. Based on the results of the study, it was concluded that the imposition on a person to whom no claims have been filed within the framework of bankruptcy relations, the adverse consequences of making such claims to a debtor-citizen or to a subsidiary debtor in the form of interim measures against the property of such a person should be carried out only at a court hearing to clarify his status as a controlled person and the actual ownership of his property, and an application for the adoption of these interim measures in the framework of a dispute over challenging a bank- ruptcy transaction that is not a debtor’s transaction, or without submitting claims to challenge the transaction to a person, it should be recognized as an abuse of law in the form of circumvention of the law for an unlawful purpose. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: Detention refers to preventive measures, in the election of which the interests of the parties involved in criminal proceedings most acutely clash. Despite its objectively inherent shortcomings, expressed primarily in the restriction of essential human rights, detention continues to be an uncontested measure in the investigation of the most socially dangerous acts. The evidence of the urgency of the problem is repeated (over 40 times!) introduction by the legislator of amendments and additions to the articles of the CPC regulating the grounds for appointment and terms of detention. The Constitutional Court of the Russian Federation also addressed the clarification of their constitutional and legal meaning. Statistical data from recent years indicate a steady decrease in the number of registered crimes in the country, which has decreased by more than 1 million in 15 years. Contrary to this, in recent years the number of persons detained in pre-trial detention centers and pre-trial detention facilities in the context of the penal enforcement system of the Ministry of Justice of the Russian Federation has been increasing. Moreover, the growth continued, despite the annual decrease in the number of applications granted by the courts for the election of this preventive measure. According to the authors, the main reason for this phenomenon is due to the continued “aggravation” of the crime structure and the resulting tendency to increase the length of detention both to the maximum permissible and beyond it. The authors make extensive use of statistical data in the article, presented on the official websites of various departments, as well as the results of the last two special censuses of convicts and persons in custody, in the analysis of which they were directly involved. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The article discusses the features of the qualification of thefts committed with the use of violence. The number of such acts continues to grow, which confirms the relevance of the issues under consideration. The subject of the study is the criminal law norms that provide for liability for malicious encroachments on property that involve the use of violence, both dangerous and not dangerous to life or health. The purpose of the study is to propose criteria for distinguishing between robbery and assault, as well as to substantiate proposals for their correct classification. The article provides examples from forensic and investigative practice that illustrate the issues of classifying thefts involving violence. The following methods were used in the study: formal-logical, comparative- legal, as well as analysis, synthesis, and deduction. The novelty of the research lies in the fact that the author, based on a generalization of judicial practice, has provided clearer suggestions for qualifying the actions that are being frustrated in order to avoid errors in the law enforcement sphere. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The purpose of the study is to characterize de lege lata and de lege ferenda to the subject and objective side of the crime provided for in Article 312 of the Criminal Code of the Russian Federation, taking into account exist- ing controversial issues. An important feature of the subject of the crime provided for in Part 1 of Article 312 of the Criminal Code of the Russian Federation is that the property must be entrusted to the potential subject of the crime in accordance with the established procedure. The article presents cases related to violations of the procedure for entrusting property. Separate problematic issues related to the seizure of property in common shared ownership are considered. The debatable issues concerning the methods of committing a crime under Part 1 of Article 312 of the Criminal Code of the Russian Federation are analyzed. The author examines the issue of how to consider the actions of a person who has squandered the entrusted property through negligence. Examples are given when, when committing a crime under Article 312 of the Criminal Code of the Russian Federation, an ideal set of crimes can be formed. The correlation of the norms contained in Part 1 of Article 312 of the Criminal Code of the Russian Federation and Article 160 of the Criminal Code of the Russian Federation is considered. In addition, the author provides suggestions for editorial clarification of Article 312 of the Criminal Code of the Russian Federation. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The article is devoted to updating the scientific discussion regarding the existence and legal nature of family legal responsibility, as well as its grounds. Taking into account the importance and substantial significance of the scientific assessment of all theoretical and applied aspects of responsibility in family law, the authors conclude that the current state of affairs in legal science clearly indicates the need to adjust both the composition of the principles of family law and the relevant characteristics of the method of family law regulation, including the recognition of an independent place family legal responsibility in the Russian national system of legal protec- tion measures. In addition, as a result of a brief analysis of the legal literature, the authors conclude that there is no unified methodological approach to determining the quantitative and substantive characteristics of the elementary composition of a family offense. The overall result of the reasoning is the conclusion that the sphere of state interests in terms of protecting and strengthening the family, preserving traditional family values, clearly indicates the need for the determining influence of public law mechanisms that ensure the effectiveness of family law regulation, which cannot but affect the specifics of family law responsibility. In the text of the article, the Russian Federation is abbreviated as RF.