Journal headings
"Legal sciences"

Constitutional and municipal lawCivil, business and contract lawCriminal law and criminalisticsLegal aspects of classification and standardizationRostrum of the young scientistCustoms and financial lawIssues of theory and history of lawContent, problems and trends in the development of public lawRelevant issues of private lawRelevant aspects of criminal law, criminal proceedings and criminalisticsLegal proceedings. Prosecutorial and human rights activitiesAll rubrics

All rubrics

RELEVANT PROBLEMS OF INTERROGATION AND CONFRONTATION BY USING VIDEOCONFERENCING SYSTEMS IN PRE-TRIAL PROCEEDINGS

Page:30-34

Release: 2023-1 (36)

DOI: 10.21777/2587-9472-2023-1-30-34

Annotation: The introduction of Article 189.1 of the Criminal Procedure Code of the Russian Federation caused certain difficulties in conducting preliminary investigations, both from a procedural and tactical point of view. The article discusses problematic issues, the possibilities and expediency of conducting an initial interrogation and confrontation by using videoconferencing systems. The article analyzes the possible risks of losing the evidentiary value of testimony obtained during remote interrogation, as well as a possible increase in document flow, an increase in the number of subjects of investigation and a possible increase in the staff of internal affairs bodies. Attention is drawn to the lack of consensus among modern lawyers regarding the effectiveness of interrogation and confrontation through the use of videoconferencing. Special attention is paid to the organization and tactics of investigative actions through the use of videoconferencing with the participation of persons located in different time zones. According to the results of the study, it is proposed to make amendments to Article 189.1 of the Code of Criminal Procedure of the Russian Federation.

EXECUTIVE IMMUNITY IN THE EVENT OF A DEBTOR’S BANKRUPTCY

Page:31-38

Release: 2023-3 (39)

DOI: 10.21777/2587-9472-2023-3-31-38

Annotation: The relevance of this article is due to the fact that there are problems with the seizure of property from the bankruptcy estate in bankruptcy cases, if such property is protected by executive immunity. The article reveals the issue of changing the law enforcement practice in relation to executive immunity. The actual judicial and practical changes in the sale of the debtor’s only housing as part of the insolvency (bankruptcy) procedure were studied. The nature of property immunity in case of bankruptcy of the debtor and the establishment of the limits of such immunity are investigated. In order to achieve the goal of the article the following tasks are outlined: to understand the concept of “enforcement immunity”, to determine the qualifying features, to determine the operation of this institution and compare it in the bankruptcy procedure with enforcement proceedings, to consider the limits of executive immunity, having studied in more detail the Resolution of the Constitutional Court of the Russian Federation dated April 26 2021 No. 15-P, as well as to determine the specifics of the sale of property that falls under executive immunity. General and specific methods of cognition were used during the investigation.

REFUTATION OF DEFAMATORY INFORMATION AS ONE OF THE METHODS OF LEGAL PROTECTION OF BUSINESS REPUTATION: CONDITIONS OF APPLICATION

Page:33-37

Release: 2023-1.1 (37)

DOI: 10.21777/2587-9472-2023-1.1-33-37

Annotation: Due to the rapid development of information and communication links and the active entry of Russian corporations into international markets, the issues of protection of intangible benefits are increasingly becoming the object of legal science research. One of the objects of non-property rights is business reputation, as well as ways of its legal protection. The analysis of judicial practice shows the importance of considering regulatory issues in the field of business reputation protection, since the application of current legislation in the field of business reputation protection often faces certain problems. According to the norms of civil legislation, one of the methods of protecting business reputation is protection by refuting defamatory information. The article discusses the necessary and sufficient conditions for the application of protection of business reputation by refuting the defamatory information of the applicant. As a result, it is shown that the use of protection of business reputation by refuting defamatory information is possible only if all three conditions defined by the norms of civil law.

ON THE ISSUE OF THE ESSENCE OF A CIVIL CONTRACT AND CONTRACT LAW

Page:35-42

Release: 2023-1 (36)

DOI: 10.21777/2587-9472-2023-1-35-42

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.

THE INFLUENCE OF REGULATIONS ON THE DEVELOPMENT OF LABOR INSTITUTIONS IN THE URALS IN 1935–1940. ATLYAN PENAL COLONY

Page:36-41

Release: 2023-4 (40)

DOI: 10.21777/2587-9472-2023-4-36-41

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.