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ECONOMICS. LAW. SOCIETY

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No 1 (2020)
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7-12 521
Abstract
The article deals with a range of issues related to the features of the constitutional reform carried out in the postSoviet state. Special attention is paid to the complex nature of the reform aimed at creating constitutional and legal conditions that contribute to improving the living standards of the population, ensuring the security of the country, strengthening the state's sovereignty, and improving the state mechanism. The author analyzes in detail the proposed amendments to the Constitution of the Russian Federation, developed in the development of the Message of the President of the Russian Federation V. V. Putin to the Federal Assembly on January 16, 2020, the prerequisites, goals and consequences of the adoption of these amendments. Based on the analysis, the author draws a number of conclusions, in particular, that one of the features of the current constitutional reform is its direct focus not only on creating conditions conducive to improving the living standards of the population and strengthening civil society, but also ensuring the security and sovereignty of the state.
13-17 1957
Abstract
On April 25, 2016, at the III International scientific and practical conference «Actual problems of business and corporate law in Russia and abroad», the following was noted: «In the conditions of a deep economic crisis and the end of the hydrocarbon era, the state faced the need to rethink the role of entrepreneurs in the Russian economy and take radical measures aimed at creating attractive conditions for doing business». The article attempts to rethink the role of entrepreneurship in modern conditions. The global economic crisis, as well as the mutual sanctions imposed by the countries, once again proved that entrepreneurship is one of the main tools in achieving the stability of the state economy. At the same time, entrepreneurship is not just aimed at manufacturing products, providing services, performing works, as well as bringing them to other business entities, to the state or to a specific consumer. In modern society, entrepreneurship has a fairly wide range of functions: from General economic, which is due to the role of entrepreneurship as a market subject, to innovative, since healthy competition in the field of entrepreneurship stimulates the search for new ideas of an organizational, managerial or technical nature, which is an impetus to the growth of innovative and technical development.
18-33 691
Abstract
The article is devoted to the study of the legal basis for the disposal of property in the event of death, first of all, a will, as well as the novelties of inheritance law – a joint will of spouses and an inheritance contract. The author studies the concept and legal nature of a will, considers issues related to various aspects of making, maintaining, and canceling joint wills of spouses, the concept and features of an inheritance contract that reflect its difference from classic civil law contracts, and pays attention to resolving issues about the nature of inheritance succession when concluding an inheritance contract, and the need for heirs to accept an inheritance in one of the ways provided for in the law. The research is based on modern methods of scientific knowledge, including the method of comparative analysis, methods of system and logical analysis, the method of dialectical analysis, etc. The methods used made it possible to formulate a number of conclusions. A will is a one-sided transaction that is strictly personal. The specifics of a will as a transaction always lie in the deferred legal effect – it comes into effect at the moment of opening the inheritance and only then creates rights and obligations for the heirs. Many General provisions on transactions do not apply to a will because of its specificity. The joint will of the spouses is a type of traditional will, and it can be characterized as a one-sided transaction «with a plurality of persons» on the side of the testator. Such a will implies a General expression of will, which determines some specifics of its composition, content, execution, cancellation, as well as restrictions on the principle of freedom of will: in particular, it is proposed to provide rules according to which a joint will can be canceled only during the life of both spouses and only on their mutual will; the principle of freedom of will should also be restricted after the death of the first spouse by prohibiting the disposal of inherited property covered in a joint will.
34-40 392
Abstract
This article discusses a number of problematic issues related to the use of cadastral valuation in transactions with publicly owned property. The advantages of using cadastral valuation for determining the value of public property objects are outlined. Legal conflicts that arise when making transactions with public property are investigated and proposals are made to improve the legislation of the Russian Federation regulating this sphere.
41-47 464
Abstract
The article is devoted to the analysis of the norms of land and civil legislation from the position of identifying problems in the current mechanism of termination of the right of land private ownership by force. The author considers such grounds for compulsory termination as the seizure of land for state or municipal needs, as well as the novella of 2018 – the alienation of land in private ownership, in the case of its withdrawal in connection with the non-use of such land for its intended purpose or its use in violation of applicable law. According to the results of consideration of the main issues related to the forced termination of the right of private ownership of land, the article concludes that the mechanism of withdrawal is sufficiently regulated. At the same time the analysis of the current legislation and law enforcement practice made it possible to propose a number of measures aimed at increasing the level of protection of the rights of private owners of land plots in the case of the implementation of the mechanism of their forced withdrawal.
48-56 557
Abstract
In the article examines the fundamental approaches to the classification of security as a category of civil law, based on its definition primarily as the absence or elimination of the element of danger, reliable security; applicability to various, often heterogeneous processes of natural, socio-economic, etc. properties; attribution to a part of being and consciousness, along with the comfort of existence, high income, higher education, social status and publicity. The subject of the study was the relationship arising in the process of life and satisfaction of needs aimed at obtaining benefits and, first of all, the benefits associated with the elimination of various kinds of dangers throughout this process. Analyzed the basic principles of civil security officers legal basis for further improvement and development of such important social initiatives, which is considered as the participation of citizens and their associations in the implementation of state policy in the field of security in modern conditions continued in Russia the process of formation of institutions of civil society. In the course of the study, the following main conclusions are made that, first, civil law security, including personal security, including in educational activities, is an integral part of the complex system of legal support for both national and state security of the Russian Federation, as on the basis of constitutional and legislative approaches, the concepts of “security”, “national security” and “state security” are identical; their use and application, following the logic of the Constitution of the Russian Federation and the Federal law on security, is defined as equivalent and, secondly, in the modern, not always favorable conditions caused by the processes of globalization and iberostate, the state and its institutions, including the educational institutions (educational institutions) are required to ensure the security of the individual, including the safety of subjects of educational activity, which is their inalienable right as owners of intangible good inherent in subjects of civil law relations.
57-62 2547
Abstract
Problems of protecting honor, dignity and business reputation (both of citizens and organizations) in a market economy are expressed in the public dissemination of defamatory information (or information about a person) and are currently gaining special significance and require adequate civil law regulation. The relevance and importance of protecting honor, dignity and business reputation is determined by the fact that these categories of intangible goods have always been a guarantee of the stability of public relations, and human decency is the most important condition for the successful development of society and the state. The concepts of «honor», «dignity» and «business reputation» are closely interconnected and interdependent, having a single theoretical, legal and social basis. The general theoretical basis of this work was made up of the scientific works of outstanding scientists, including M. M. Agarkov, S. I. Bratus, O.S. Ioffe, N. I. Matuzov, A. P. Sergeev, A. M. Erdelevsky and others. The methodological basis was made up of general scientific and special methods. The systemic method was used to study the formation of the concepts of «honor», «dignity» and «business reputation», as well as the process of their development to date. The methods of analysis and synthesis, induction and deduction, the analogy method, as well as the descriptive method were used to establish factors that affect legal regulation in this area. In addition to the above methods, methods such as data collection and processing for the theoretical description of the studied social relations were used. The conclusions formulated in this paper can be useful for subsequent research, analysis and identification of urgent problems in the field of protection of intangible goods, and the study is a comprehensive work devoted to urgent problems in the field of protection of intangible goods, which will allow further research in terms of clarifying scientific ideas about such concepts as «honor», «dignity», «business reputation», as well as how to protect them.

COMPARATIVE LAW

63-73 301
Abstract
The article defines the main directions and conceptual approaches to the regulation of problematic issues of tort liability in the field of development, production and use (consumption) of nanobiotechnological products under the legislation of the EU member States as the subject of research. The research methodology is based on the definition of innovative approaches to the use of judicial tests «if not» (equal conditions test), «significant contribution to injury (risks)», «significant increase in risks», «doubling of risks» and other methods used by judicial authorities to determine the degree of danger of harm (damage) caused by nanobioproducts and the possibility of compensation to victims. Scientific novelty of the research determine the findings, according to which, in particular, the study of the requirement of causation as applied to non-contractual liability is one of the most important elements when considering the application of tort law in the field of civil security nanobiotechnology regulation, as well as proposals aimed at improving the legal support of the domestic model of determining cause-and-effect relationships in determining the degree of harm (damage) caused by nanoproducts, by analogy with the studied models used in the EU.
74-82 317
Abstract
The author ascertains the fact that the current system of society management through the development and implementation of legal norms governing social processes, including the processes of economic interaction, in relation to the current period of state development, in fact, is the only acceptable one that allows you to quickly respond to new economic challenges, timely create legal norms that can ensure efficient, rational and safe, from the point of view of states devices, the introduction of the economic cycle, not only the new objects of the material world and technology, including various types of cryptocurrency, but also new means of payment. As one of the components of the effective development of the economy, the possibility of the free movement of goods, services and financial resources on the state territory, i. e. their economic turnover, guaranteed by the norms of the Civil Code, is called. Moreover, as one of the legal means of managing economic turnover, we consider such a category of civilistic doctrine and dogma as civil circulation, which provides for three civil legal regimes for the economic circulation of goods, services and financial resources that allow the state to exert a regulatory influence on their movement within the state territories, including restricting or prohibiting their economic circulation despite the principle of free movement enshrined in the Civil Code Nia goods, services and financial assets in the national territory. Based on a comparative study of civil law norms enshrined in the Civil Codes (hereinafter referred to as the Civil Code) of the member states of the Eurasian Economic Union (hereinafter - the EAEU): the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation, which establish the regimes of civil circulation of economic objects activities, the degree of influence of the civil turnover regime applied by the state on the development efficiency of the corresponding segment of economic Ocean, including in relation to possible valid on the territory of the state of civil-legal regime of economic turnover cryptocurrency. The study used general scientific and private scientific methods of cognition: dialectical, system analysis, legal hermeneutics, formal legal. It is concluded that it is necessary to develop a single EAEU GC and establish common rules for the cryptocurrency economic turnover for the EAEU member states.

CRIMINAL LAW AND PROCEDURE

83-89 403
Abstract
In this article, the author explores the features of legislative regulation of issues related to the presentation of such a phenomenon as an offense. Attention is focused on the essence of this legal phenomenon, the reasons for the formation, the methodology for determining and aspects of development, as well as the problem of differentiation of offenses in the field of criminal and civil proceedings. The author of the article, focusing on the difficulties of distinguishing civil tort from crimes in domestic law enforcement practice, connects the problems of the quality of such regulation with poor knowledge of the concept under study, and especially those segments of its use where the law enforcement will to establish responsibility is not supported by a sufficient legislative basis.

PLEKHANOV SCHOOL OF YOUNG SCIENTISTS

90-96 404
Abstract
The article draws attention to the problem of state-legal regulation of the process of re-socialization of young women released from prison. The need for legislative regulation of relations related to ensuring appropriate conditions for social adaptation of persons released from their places of detention, protection of their labor, social and economic rights is being updated.
97-108 1219
Abstract
The article investigates prevailing approaches to understanding the legal nature of one of the general consequences of transaction invalidity - restitution. Following the analysis of various viewpoints on the question of the true nature of restitution, the authors found the most preferable approach to understanding the examined mechanism as a special way of protecting private interests. Particular attention was paid to the study of the binding nature of restitution, as well as its independence in the system of civil rights protection methods. The authors consider the problem of the correlation between restitution, vindicatory and condictional requirements. Based on the analysis of judicial practice, arguments are presented in support of the possibility to apply the rules established by article 328 of the Civil Code of the Russian Federation, by analogy of statute.
109-116 842
Abstract
The article considers the definition, main signs of unauthorized construction and its dual nature. Investigates current judicial practice and identifies imperfections of legal regulation of legalization of unauthorized construction objects. Studies the question of what consequences of the construction of unauthorized buildings should be considered proportionate. The article analyzes the use of the criterion of good faith when a court makes a decision to recognize ownership of an unauthorized construction. The author pays special attention to the problem of a formal approach to regulating the institution of unauthorized construction, since when making a decision on recognizing property rights in accordance with article 222 of the Civil code of the Russian Federation, violations committed by the developer are actually legalized. The article emphasizes the importance of following an individual approach to determining the balance of private and public interests when considering a dispute about unauthorized construction, due to its dual nature and justified need for multivariate behavior of participants in civil turnover. Based on the research, the author concludes that the legal regulation is imperfect and makes proposals to amend legislation governing the legal regime of unauthorized construction objects, taking into account the provisions of the Concept of development of civil legislation of the Russian Federation.
117-120 4302
Abstract
The article analyzes the aspects of legislative regulation of business relations, the importance of the influence of the corresponding historical epochs and the state of society on the formation and development of entrepreneurship by searching for the optimal combination of public and private interests in business law. The article considers the global trends of influence on the sphere of legal regulation of business activity, proposes and justifies the idea of developing a single law in the field of business (economic) law, which will include both private law and public law norms.
121-129 6250
Abstract

In the modern post-industrial era, when the level of the environment has become an important factor in the quality of life, health and well-being of people, the right to a favorable environment is one of the fundamental environmental rights. Despite certain efforts undertaken by the world community to create effective mechanisms to overcome the environmental crisis, environmental degradation is still observed in many countries, including the Russian Federation, which leads to a decrease in the number of healthy population, and, therefore, is direct threat to society and the state. Consequently, the relevance of the research topic is determined by the fact that environmental rights as an important component of the constitutional status of an individual do not currently have an adequate level of legislative guarantees for their implementation; therefore, the need to create an effective mechanism for the implementation of these rights, the provision and protection of which should be implemented taking into account domestic and international human rights experience in this area. The subject of the study was the norms of international law, the legislation of the Russian Federation, as well as decisions of the European Court of Human Rights and the Constitutional Court of the Russian Federation, legal literature materials affecting the content of environmental human rights, as well as certain issues of their implementation and protection. The following methods were the methodological basis of the study: 1) historical (development of the Institute of Environmental Human Rights); 2) the methods of analysis, synthesis and comparison were applied when considering various points of view on the complex nature of constitutionally enshrined environmental rights; 3) systemic and structural-functional methods made it possible to identify the role of the rights in question; 4) the formal legal method was used in the analysis of international legal acts, legislation of the Russian Federation, decisions of the Constitutional Court of the Russian Federation on controversial issues; 5) the statistical method was used to indicate high environmental pollution in general. Conclusions: in the process of analyzing regulatory legal acts and judicial practice of the Russian Federation, including the first case for compensation for non-pecuniary damage caused to the health of citizens and examined by the Ozyorsk city court of the Chelyabinsk region, as well as the practice of the European Court of Human Rights, we have identified significant environmental protection problems rights: the complexity of the system of proving the existence of harm caused to the life and health of citizens, its causal relationship with the economic activities of legal entities or individuals, non-enforcement of court decisions, lack of legislative consolidation of criteria for a favorable environment. Ways are proposed to increase the effectiveness of judicial protection by eliminating deficiencies in the current legislation, the idea was expressed of creating environmental courts in Russia, since courts of general jurisdiction are unable to effectively administer justice in the field of protecting the environment and human health.



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ISSN 2411-118X (Print)