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THE DIGITAL RUBLE AS AN OBJECT OF LEGAL REGULATION IN THE RUSSIAN FEDERATION: THE CONCEPT AND PROSPECTS OF APPLICATION

Page:20-24

Release: 2024-4 (44)

DOI: 10.21777/2587-9472-2024-4-20-24

Annotation: This article is devoted to the analysis of the concept of the "digital ruble" as an object of public relations regu- lated by the norms of civil, banking and currency legislation of the Russian Federation. The article examines the views of Russian legal scholars on the essence of the digital ruble, the place of the digital ruble in the system of objects of civil rights, and the specifics of calculations using the digital ruble. The conclusion is made about the duality of the legal nature of the digital ruble, which combines the following features: 1) an object of civil rights; 2) the form of the currency of the Russian Federation used for settlements in accordance with the procedure and on the terms provided for by the norms of domestic banking and currency legislation, as well as legislation on the national payment system of Russia. The expediency of legislating the definition of the "digital ruble" in the Federal Law "On Currency Regulation and Currency Control", as well as further improving legislation on the domestic digital currency and the sphere of its use, is emphasized.

TYPES OF REAL ESTATE OWNERS ASSOCIATIONS NOT NAMED IN LEGISLATION: FEATURES OF THE LEGAL STATUS

Page:20-25

Release: 2024-1 (41)

DOI: 10.21777/2587-9472-2024-1-20-25

Annotation: The study examines certain types of real estate owners’ partnerships that require deep scientific understanding due to the lack of their special detailed legal regulation. The subject of the research is scholarly works and provisions of the current legislation on real estate owners’ associations. Methods of scientific research: analysis, synthesis, deduction, induction, analogy. The main conclusions are: a partnership of real estate owners is a collective category – it consists of its types, which may or may not be provided for by law; types of real estate owners’ partnerships not specified in legislation will include any type of real estate owners’ partnership that is not the most common (provided for by law), but is specified in the charter of the partnership, as such, based on the specifics of the real estate subject to management; the main criterion for classification as a real estate own- ers’ partnership is the ability to manage the corresponding type of real estate. The author also came to other conclusions. The study of this topic will make it possible to make an additional contribution to the scientific understanding of poorly studied certain types of real estate owners’ partnerships.

POLITICAL AND LEGAL KNOWLEDGE, ITS MORAL FOUNDATIONS, RELIABILITY AND COMPLETENESS AS A CONDITION FOR THE CIVILIZATIONAL SELF-IDENTIFICATION OF RUSSIA

Page:23-35

Release: 2024-3 (43)

DOI: 10.21777/2587-9472-2024-3-23-35

Annotation: The purpose of the study is to assess the place of political and legal knowledge in the modern development of the state and law, to determine the role of its moral foundations, reliability and completeness as conditions for the civi- lizational self-identification of Russia. Using general scientific methods of generalization and analogy, such special legal methods as formal legal, historical and legal, comparative legal, the main components of Russian political and legal knowledge are compared with the political and legal approaches of the West. The need to overcome the established stereotypes of social universalism, economic determinism and secularism inherited from the era of the Great Revolutions in the domestic political and legal knowledge is argued. The struggle for Russian scientific sovereignty should be based on overcoming Eurocentrism as a worldview basis for the humiliation of national self- consciousness and deformations of Russian civilizational development. The reinterpretation of Russian political and legal knowledge involves considering the Soviet Union as an experienced political and legal model of the state of justice and social equality. The conclusion that any constitution is built on the value priorities of society is substanti- ated. The civilizational spiritual and moral features of Russia are incompatible with the worldview principles of the West. Modern Russian political and legal knowledge reflects the results of the cultural and historical development of the multinational people of the Russian Federation and the archetypes inherent in it that have developed over many generations as prototypes of state and legal forms, society’s ideas about justice and the role of law. Political and legal knowledge can be fruitful and effective only if it is harmoniously based on the cultural and historical experience of the people, if it overcomes the moral neutrality of knowledge itself and the practice of statecraft that grows out of it, and if it accepts knowledge of traditional spiritual and moral values as a tuning fork. In the text of the article, the Russian Federation is abbreviated as RF.

ON THE ISSUE OF THE FEATURES OF INTERNATIONAL AND DOMESTIC LAW AS INDEPENDENT LEGAL SYSTEMS

Page:25-31

Release: 2024-4 (44)

DOI: 10.21777/2587-9472-2024-4-25-31

Annotation: The article describes the features of international and domestic law as independent legal systems. The author studies the constructive features of both legal systems and proves the independence of two legal phenomena: the legal system of international law and the domestic (national) legal system. The author proposes a system of ten criteria by which it is possible to conduct a comparative analysis and differentiate international and national law. The article emphasizes the significant substantive and functional consistency of both variants of legal systems, which ensures the effective development of both national and international law. The comparative legal method in its functional version became the main one for the preparation of the article. Based on the results of the study, the author states that there are significant constructive differences between national and international law, which allow us to speak about their independence. At the same time, the study demonstrates that they are also characterized by substantive and functional consistency.

TRANSFER OF THE RESPONSIBILITY TO PAY CONTRIBUTIONS FOR CAPITAL REPAIRS OF APARTMENT BUILDINGS

Page:26-31

Release: 2024-1 (41)

DOI: 10.21777/2587-9472-2024-1-26-31

Annotation: The lack of legislative regulation of the issue of the legitimacy of imposing obligations to pay a contribution for major repairs not only on the owner of residential premises, but also on other persons to whom it is provided on the basis of property and obligations rights is indicated. Contradictory approaches of judicial practice to resolving these disputes are demonstrated. In some cases, courts consider it impossible to transfer such an obligation (for example, in relation to family members of the owner of a residential premises), in others they justify a positive answer to this question by reference to the nature of the emerging right (for example, in relation to holders of the right of operational manage- ment). In disputes related to the transfer of residential premises on the basis of a contract, the idea is formulated about the exclusive nature of the owner’s obligation to pay a contribution for major repairs and the impossibility of its transfer within the framework of contractual relations. It is concluded that in order to resolve the contradictions that have arisen, it is necessary to develop a unified position on the possibility of transferring to third parties the burden of maintaining not only residential premises, but also the common property of an apartment building.