Journal headings
"Legal sciences"

Annotation: The article is devoted to the analysis of the essence of a civil contract as the main legal fact that generates property relations, as well as the place of contract law in the Russian legal system. The article considers the emergence of legal norms on contracts in domestic law, their evolution, the types of contracts provided for by the norms of Russian law at various stages of its development (Russkaya Pravda, Codes of Laws, the Code of Laws of the Russian Empire, the civil legislation of the USSR), as well as the place of the contract in the system of legal facts that generate, modify and terminate civil legal relations on at the present stage of development of domestic law. The views of legal scholars on the role and place of contracts in the system of legal facts are analyzed, a comparative characteristic of a civil law contract and other types of contracts, the conclusion of which is provided for by legal norms, is presented. The conclusion is made about the correlation of the concepts of “civil law” and “contract law” at the present stage of development of the Russian legal system.

Annotation: Тhis article examines the period of forming and functioning of such correctional institution, as Atlyan labor colony, from the moment of organization to the moment of reorganization. Based on the normative acts presented in chronological order and archival materials launched into scientific circulation for the first time, the author comes to the conclusion that the Atlyan labor colony for minors, since its establishment in 1935 and until 1940, was a place for re-education and training of pupils. It can be stated that in the first half of the 1930s, in certain institutions, with the active assistance of employees working in labor colonies, a differentiated approach to education was introduced. A very significant and effective means of correcting teenage delinquents was patronage (mentoring) from masters – specialists who captivated children with their skills. Thus, the author points to the positive achievements of individual labor colonies in the re-education of juvenile offenders in the early 1930–1940s.

Annotation: The article analyzes the institution of the mediation procedure in the Russian Federation, as well as in foreign countries, identifies its positive and negative aspects, as well as the problems of legal regulation of the named institution, both in the organizational and procedural context. Despite the long and ornate path of development of this dispute resolution mechanism autonomous from the state, its unpopularity is primarily due to more attractive conditions for litigants to apply to classical institutions for the protection of violated rights. At the same time the state is interested in the development of non-state forms of conflict resolution, in particular in mediation, including due to their low implementation cost for the state, compared to the judicial system, but this criterion should not affect the quality of the final “product”, which also seems to be a certain problem for the successful use of mediation in Russia. In the course of the study relevant conclusions are substituted and further improvement of the institution of mediation is proposed.

Annotation: The article presents the result of a study of the legal meaning of such terms as “insolvency” and “bankruptcy” on the basis of existing approaches formulated in the scientific and legal doctrine, namely: the traditional approach (distinguishing the concepts of “insolvency” and “bankruptcy” and referring them to different legal areas); the approach according to which these concepts are interconnected and correlated as a cause (insolvency) and a consequence (bankruptcy); the legislative approach. A comparative analysis of the definitions of the thesaurus under study is carried out according to the scientific and theoretical position of specialists and researchers in the field of domestic law. The issue is raised on the expediency of differentiating the concepts of “insolvency” and “bankruptcy” in relation to legal practice. The methodology of analysis includes several preferential research methods, namely: comparative, historical, dogmatic. Based on the analyzed theoretical knowledge, as well as using those as the main argument, a conclusion was stated that accumulates modern approaches to the definition and differentiation of the terms “insolvency” and “bankruptcy”.

Annotation: The article, based on statistical data from the GIAC of the Ministry of Internal Affairs of Russia and the Judicial Department of the Supreme Court of the Russian Federation, analyzes the state and dynamics of crimes that violate the inviolability of the housing. There has been a positive trend towards a decrease in the number of convicts since 2018. At the same time the share of the crimes under consideration in the total number of crimes under Chapter 19 of the Criminal Code of the Russian Federation remains significant. Typical personality portraits of criminals committing criminal acts both according to the main and qualified elements of the crime are described. Persons brought to justice often do not believe that they are committing a crime because they invade someone else’s home during domestic quarrels, as well as for other, as it seems to them, “valid” reasons. The most of crimes are committed in a state of intoxication. Factors that make it difficult to bring a violator to justice under Part 3 of Article 139 of the Criminal Code of the Russian Federation: qualification features, active counteraction of a suspect (accused).