Journal headings
"Legal sciences"

Annotation: Criminal and legal assessment of instigators who induce other co-conspirators of a socially dangerous act to commit a crime under Article 214 of the Criminal Code of the Russian Federation often causes difficulties for law enforce- ment subjects. For this reason in the activities of law enforcement agencies there are errors in the form of insufficient or incorrect qualification of unlawful acts. Based on the study of 155 criminal cases, the authors have identified the main methods of incitement: bribery (57% of cases), persuasion (39%), as well as rare cases of blackmail, deceit and offers (4%). The authors pay special attention to the ways in which property owners or representatives of legal entities use incitement to obtain insurance payments, as well as the involvement of minors in the commission of vandalism. Judicial and law enforcement practice, as well as scientific literature containing the rules of qualification of crimes in the presence of an instigator are analyzed. The result of the conducted research is the proposals on application of the provisions of the current criminal law. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The subject of this study is the specifics of the tenant’s realization of his pre-emptive right to conclude a lease agreement for a new term. The author examines the issues of the relationship between civil legislation on lease and legislation on the protection of competition (competition law). The author proposes to consider five special aspects of the implementation of the pre-emptive right by the tenant of public property from the point of view of clarification and interpretation of the provisions contained in the legislation. The article emphasizes that the specifics of provid- ing publicly owned property to a private law entity under lease terms are determined by the very purposes of using public property, expressed in the need to coordinate (harmonize) state and public interests of public and private principles. The main method for preparing the article was the method of system analysis, the application of which was facilitated by the techniques of formal logic and generalization of legal practice. Based on the results of the study, the author proposes possible changes to the civil legislation aimed at protecting the interests of the tenant in connection with the implementation of his pre-emptive right to conclude a lease agreement with him for a new term. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The article analyzes the content of the legal principle nemo judex in propria causa within the framework of the domestic legal system. The variety of formulations of this principle is analyzed, as well as its legal nature in the context of the correlation of legal principles and legal axioms. The procedural and legal norms in which this principle finds its expression are considered in detail. Judicial practice regarding the application of this prin- ciple in the consideration of civil and administrative cases by courts is being studied. The conclusion is drawn about the extended interpretation of the nemo judex in propria causa principle in the domestic legal system in terms of its application not only in relation to courts, but also in the framework of the activities of other subjects of legal relations considering legal cases or performing other legally significant functions. It is concluded that the principles of independence and competitiveness do not coincide with this principle. At the same time, it is proposed to disclose in the procedural rules the principle of impartiality, a special case of which is the principle of nemo judex in propria causa. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: This article is devoted to a rather interesting and understudied area of criminal procedure science, precisely, the methodology of drafting criminal procedure acts. In this work, the author substantiates the relevance of the issues under consideration and analyzes the main concepts of “methodology,” “technique,” and “method.” The author compares and relates these concepts in relation to criminal procedure activities. The author’s goal is to explore the possibility of applying methodology in the drafting of criminal procedure acts and to define its essence. The work was carried out using the dialectical method, methods of analysis and synthesis, a systematic approach, logical-legal and legal interpretation. As a result of the conducted research, the work substantiates the theoretical and practical significance of conducting research on issues related to criminal procedure acts and the methodology of their compilation; it develops a definition of the concept of “methodology” and its relationship with the terms “method” and “technique”. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The article is devoted to a comprehensive analysis of the legal regulation of the status of insolvency practitioners in the United Kingdom. In particular, it examines such aspects of the topic as the procedure for obtaining the status of an insolvency practitioner and the requirements imposed on persons vested with this status; the role of professional associations responsible for licensing and certifying insolvency practitioners; and the remuneration of persons con- ducting insolvency proceedings. It is noted in the legal literature that “the regulation of insolvency and liability for illegal actions related to bankruptcy has been developing in England for several centuries.”2 The modern stage of the development of insolvency legislation, however, began with the adoption of the Joint Stock Companies Act (1844) and the Joint Stock Companies Winding-Up Act (1844). Thus, the United Kingdom has gone through a significant process of improving the legal framework of insolvency, which makes its study relevant, including for the purpose of borrowing best practices. The methodological basis of the study consists of general scientific methods of analysis and synthesis, as well as the specific scientific method of comparative legal analysis. The conclusion provides a number of findings that may be relevant for optimizing the legal regulation of insolvency in the Russian Federation. In the text of the article, the Russian Federation is abbreviated as RF.