The article touches upon the problem of introducing information technologies into the contractual component of railway transportation of goods. The author has established that the freight contract is made in a simple written form and may have an electronic expression. The relevance of the research topic is determined by the fact that currently there are no legislatively established forms for such transactions using smart contracts. The paper considers both the positive and negative effects of the use of electronic data exchange systems on a digital platform using blockchain technologies in the conclusion of electronic contracts in railway transport. The subject of the research is the norms of the civil legislation of the Russian Federation, materials of legal literature in the field of cargo transportation and digital legal relations between the relevant subjects. The methodological basis of the study was the historical method (development of an automated logistics system in railway transport); methods of analysis, synthesis and comparison (when considering different points of view regarding the form of concluding a contract for the carriage of goods); formal legal method (when formulating basic concepts: smart contract, electronic contract, etc.).
ПОЗДРАВЛЕНИЯ
This article is aimed at considering the legal nature of the subject of research - a unified information system (UIS) for public procurement, digitalization of public services of the UIS. When writing the article, theoretical and empirical research methods were used. The purpose of the article is to analyze the dynamics of the formation and development of the UIS, the impact of electronic service on the implementation of the public procurement process and the quality of protection of the rights and interests of the state customer. The analysis of the legislative framework for public procurement, changes made to the legislation in terms of digitalization of the electronic portal zakupki.gov.ru, as well as the implementation of legal norms governing the process of electronic document management in the procurement sector was analyzed. The role of electronic progress in the public procurement process has been studied as a way to protect the interests of the state customer and the effective use of state budget funds. On the basis of the study, conclusions were drawn about the need to balance the interests of the state customer and business entities (executor of the state contract) when implementing innovations in EIS electronic services. The ways of solving the development and effective use of EIS electronic services are highlighted, namely, updating the functions of the protective mechanism of the interests of the state customer on the platform of the state e-procurement portal zakupki.gov.ru.
The article is devoted to issues related to the features of the integration of blockchain technologies in the field of intellectual property (intellectual property) management. The author was tasked to identify the problems that exist in the field of intellectual property management, as well as to conduct research on the possibilities of using blockchain to solve such goals. An additional task was to demonstrate how the blockchain can cope with the challenges that exist in the traditional intellectual property management system. The article uses scientific research methods such as theoretical analysis, comparison, synthesis, induction and deduction. Disclosed aspects related to the management of industrial property and copyright. A technological analysis of solutions on the identified features of the blockchain in relation to intellectual property management was carried out. The conclusion is made that when integrating blockchain technologies in the field of intellectual property (intellectual property) management, this will simplify the system for searching for objects of intellectual property, speeding up this process and providing guarantees to intellectual property owners that their achievements will be protected.
The article discusses the idea of integrating some of the norms contained in Chapter 3 of the Civil Code of the Russian Federation, affecting the issues of legal capacity of persons and the age criterion on the Internet. The differentiation of rights, as well as the capabilities of users according to age and other criteria, is necessary for the correct implementation of activities in the digital environment and the protection of their legitimate interests in the legal field. The need to distribute rights and obligations in the network is due to the commercial nature that the Internet is beginning to acquire. Three decades ago, the network was used only in the interests of the state, then to obtain information, a little later, communication through the network became popular, but now the Internet is a powerful tool for commercial activities in various fields, from the provision of services by individuals to the placement of government orders.
ИСТОРИЯ ГОСУДАРСТВА И ПРАВА
The article deals with the historical and legal problems of the legal registration of the institution of feeding in the context of the creation and strengthening of a single centralized Russian state at the beginning of the 16th century. Based on the study of the content of grand-ducal and specific charters on feeding, draws a number of conclusions about the limitation of the powers of representatives of the all-power authorities in the field. It is proved that the Moscow sovereigns by legal means limited the arbitrariness of governors, volostels, tiuns and other officials of the all-Russian administration by strictly prescribed deadlines, the volume of obligatory payments in kind or in cash for their material maintenance, as well as by granting appropriate privileges to individual professional communities fishermen, falconers, beaver hunters, etc. Within the framework of the institution of feeding, it is revealed that the wild virus, known to Russkaya Pravda, is preserved as the current norms of law, which raises an additional question about the relationship between the legal force of the Grand Duke's Code of Laws of 1497, letters of Moscow sovereigns, lists of Russian Pravda and local customs (for example, according to payment of ubrus or hatcher marten). It is proved that the specific feeding systems were absolutely identical to the nationwide ones, acting in the interests of Muscovite Russia.
INTERNATIONAL LAW
knowledge were used. The purpose of the article is to provide a rationale for the starting positions of the analysis of the influence of the current legal regulator of relations on the formation of the main problems of cooperation between the Caspian states in the investment sphere and key sectors (energy, trade, transport, others). The implementation of this goal was carried out on the basis of an analysis of the regulatory legal acts adopted by the Caspian states and designed to regulate interaction in the Caspian on the use of its resources in the context of the current stage of development of relations between them, which made it possible to identify the uncertainty of the legal status of the Caspian as the main reason for the formation of economic problems of cooperation between the Caspian states. The results of the analysis made it possible to substantiate approaches to the formation of the legal foundations of the Caspian Sea economic cooperation and apply them in establishing the content of the necessary conceptual apparatus and principles for the formation of norms governing the legal status of the Caspian Sea, proposed as the main elements of the missing foundations of the current legal regulation of cooperation between the Caspian Sea states - owners of the Caspian Sea and his resources.
CIVIL LAW
Due to the appearance of such a phenomenon as a business accelerator in the Russian legal reality, questions about the legal qualification of this legal phenomenon and, in particular, the question of the possible attribution of the business accelerator to objects or subjects of law inevitably come to the fore. The answer to this question is the key one within the framework of the legal regulation of the business accelerator, since it determines the ability to exercise rights and bear responsibilities, as well as the ability to be an independent participant in legal relations that develop within the framework of the acceleration program. On the one hand, the business accelerator has the characteristics of a property complex, which may have an appropriate legal regime, on the other hand, the actual aspects of the business accelerators are formed in such a way that the business accelerator has the characteristics of an independent subject of law. The article presents a subject-object analysis of the signs of a business accelerator in the context of the main scientific concepts in order to identify the presence of signs of a legal entity, an object of law and separately signs of a property complex that occupies a special place in the Russian legal system. Based on the results of the analysis, conclusions are formulated and presented, which are the basis for further research in this area, as well as an attempt to formulate the author's definitions of the business accelerator.
The process of evolution of civilizations posed complex problems of a global scale to mankind. Well-established human rights in the field of migration have acquired a comprehensive application in the international space and are guaranteed by national and supranational legislations of countries that recognize the jurisdiction of international organizations and are directly involved in the activities of these organizations. However, the ongoing changes related to environmental impacts on nature cause many problems, in particular problems with climate change. The ongoing climate changes cause concern among states in regulating migration processes on own territory, taking into account ensuring the socio-economic conditions of the population, the national security of their borders in combination with compliance with international law. The article reflects the results of a study that was conducted on the basis of general scientific methods of analysis and synthesis, the system method, as well as private scientific, in particular, comparative legal. The solution of the scientific and practical problem of the previously adopted international legal order is distinguished by the fact that this study proposes the formation of a global international legal regulation of public relations in the field of migration and the adoption of possible measures to prevent accelerated climate change and thereby forced movement of the planet's population.
ЭНЕРГЕТИЧЕСКОЕ ПРАВО
In this article, from a legal point of view, topical issues of the development of hydrogen energy in the Russian Federation are investigated, its significance in modern conditions is noted, and the prospects that this industry opens up for the Russian economy are indicated. Based on the analysis of the regulatory framework and strategic planning documents, legal approaches are proposed to improve specific mechanisms that can contribute to the significant development of hydrogen energy in Russia. The author proposes a set of possible solutions for improving regulations and legal mechanisms aimed at strengthening both internal and external vectors for the development of domestic hydrogen projects in order to increase their competitiveness, increase the influence of the Russian Federation in the global energy industry and gain in the future our country the status of a recognized leader in the development of hydrogen energy.
CIVIL LAW AND PROCEDURE
In the article considered the issue of the need to update the approach to establish signs of an ownerless thing. From a historical perspective, the process of changing the content and number of criteria, according to which a thing is recognized as ownerless in the doctrine of civil law and civil law, is considered. The analysis carried out allowed the author to come to the conclusion that it is necessary to take into account the provisions of the institution of ownership in the development of the current concept of criteria for ownerlessness of a thing. Particular emphasis is placed by the author on the importance of correlating the signs of an ownerless thing with the upcoming changes in real-law relations by virtue of the Concept for the development of the civil legislation of the Russian Federation and the Concept for the development of legislation on property law.
The article discusses some existing problems of compliance with and implementation of the principles of judicial proceedings in civil proceedings, proposed ways to solve these problems in the context of ensuring the tasks of civil proceedings, namely, the correct and timely consideration and resolution of civil cases in order to protect violated or disputed rights, freedoms and legitimate interests of citizens and legal entities. The methodological basis of the research is based both on general theoretical legal concepts and on the provisions of procedural law. Dialectical, formal-logical, comparative-legal, technical-legal, system-structural methods with methods of analysis, synthesis and description were used as research methods. The authors come to the conclusion that it is not necessary to unambiguously understand the possibility of direct application of the legally fixed principles of civil proceedings. The law-realization activity of judges, one way or another, is influenced by legal doctrine and judicial precedent, as well as by hotel elements of a subjective nature related to the experience, practice, legal awareness, legal beliefs of a particular representative of the judicial community. Realizing that this statement is indisputable, the authors, however, are convinced of the priority of legislative consolidation and clearer regulation of the foundations of civil proceedings.
CRIMINAL LAW AND PROCEDURE
The article is devoted to the study of the category «imcriminal inaction», referring to a specific group offense that are not crimes, but in their essence pertaining to criminal. The author substantiates the relevance studies of the category of «imcriminal inaction» precisely as varieties of this group of offenses, a comparative contemplation of the pleadings of the draft federal law on incorporationin the Criminal Code of the Russian Federation and Code of Criminal Procedure of the Russian Federation of amendments at the same time as the entry into force of the concept «criminal misdemeanour». The article concludes that the introduction category of «criminal misconduct» is a complex and requiring a deep analysis of substantive law process. Insofar as simple renaming of certain groups of crimes into criminal мisdemeanors without taking into account those already enshrined in the Criminal Law offenses that are not crimes, but, in their essence, related to criminal, according to the author, is an unsystematic and point change. In this regard, the article calls for ways to isolate and isolate criminal offenses that are already contained in the criminal law. Examples of criminal offenses are given. The relationship of compositions with administrative prejudice is shown with criminal offenses. The definition of non-criminal criminally illegal inaction as a kind of «criminal misconduct» is given.
Abstract: the article examines the problems of legislative regulation and law enforcement practice in terms of the implementation of preventive measures during the preliminary investigation in the form of an inquiry. The author comes to the conclusion that the Criminal Procedure law explains in sufficient detail the procedure for the application of preventive measures during the preliminary investigation, however, when it comes to the implementation of preventive measures within the framework of the inquiry in full or abbreviated form, the legislator is silent, pointing only to the fact that within the framework of the investigation in the form of an inquiry, there are some features of the application of preventive measures. Such reservations, according to the author, only confuse the law enforcement officer, create conditions under which the application of preventive measures becomes impossible during the investigation. With concrete examples, the author illustrates, on the one hand, the imperfection of the current legislation, and on the other, the confusion of the interrogators in the implementation of such an important institution of criminal procedure. Based on the study of the materials of investigative and judicial practice, the theoretical views of domestic procedural scientists, the author formulates his own vision of ways to solve problems that arise in practice by developing proposals to improve the criminal procedure law in terms of the application of preventive measures during the investigation
НАСЛЕДСТВЕННОЕ ПРАВО
The article presents a study of topical problems of the institution of a hereditary contract in the law of Russia, France and Germany. In the study, general scientific and particular scientific methods were used, such as: analysis, comparison, structural, systemic and functional approaches, etc. The basis of scientific research was the method of comparative analysis, which made it possible to identify the most pressing and conflicting nuances of the legal structure of the inheritance contract. An analysis of the legal norms, doctrines, judicial and notarial practices in the law of Russia, France and Germany allows us to conclude that the advantages of the legal structure of the inheritance contract for the testator are not obvious. In addition, this institution is characteristic and traditional for German inheritance law, where it was originally formed at the end of the 19th-20th centuries. Until 2016, French legislation abandoned the institution of an inheritance contract, however, after the adoption of EU Directive No. competence, applicable law, recognition and enforcement of decisions, acceptance and enforcement of public certificates in inheritance cases, as well as on the issue of introducing a single European certificate of inheritance "French legislators recognized the inheritance contract as a way of disposing of the testator's property, but with a clause that allows only recognition of inheritance contracts concluded in other EU countries. Institutionalization of the legal structure of the inheritance contract in Russian civil law from 06/01/2019. raises many questions from a legal and practical point of view, moreover, the lack of sufficient scientific research into the practice of concluding inheritance contracts in foreign countries, the study of notarial and judicial practice leaves the fate of article 1140.1 of the Civil Code of the Russian Federation is relatively uncertain. In the modern world, legislators of countries are in the process of finding and developing the most effective legal way to dispose of the testator's property in the event of death. However, the introduced legislative innovations, as a rule, require a large-scale scientific research based on the socio-economic policy of the state and the needs of the formed social relations. In the case of arbitrary copying of the legal norms of foreign countries, domestic legislation does not develop, but rather destructures.
The article is devoted to the topical topic of inheritance law, set out in the field of interdisciplinary research of joint testamentary dispositions under the laws of Russia and Germany. Using the method of systematic analysis the legal constructions and peculiarities of the mutual bequests of spouses in German inheritance law are investigated. The article focuses on the peculiarities of cancellation and contestation of spousal wills under the Civil Code of Germany. The author explores the concepts of the "Berlin will" and the "joint marital will" from the perspective of the Civil Code of the Federal Republic of Germany. The article examines the effectiveness of the Berlin will, exploring the implications in the dissolution of the relationship and the remarriage of spouses; analyzes situations where there is a compulsory share of heirs. It is concluded that, in contrast to Russian law, inheritance law in Germany provides more opportunities for the testator to choose the appropriate type of disposition, as well as ways of legal protection in cases of annulment and contestation of the joint will. Approaches to solving disputes over joint bequests in Russian inheritance law from the perspective of restrictions on the freedom of the will and the legal protection of heirs have been proposed. The author considers it necessary The author considers it necessary to continue to study the existing experience of German law in the legal regulation of the institute of testamentary dispositions to solve the problems of current Russian legislation from the perspective of its possible borrowing and use in rule-making activity.
PLEKHANOV SCHOOL OF YOUNG SCIENTISTS
In this article the mechanisms of state management of the investment attractiveness in the Republic of Tatarstan are discussed. Particular attention focuses on the current legislation of the Russian Federation, which regulates investment processes in the region under consideration. The state management of the investment attractiveness of the region consists in the formation of favorable conditions that are aimed at improving the reliability and efficiency of investments. The work highlights and describes the main mechanisms of state management of the investment attractiveness of the region. These include legal, administrative, economic and organizational methods and tools. The legislation of the Republic of Tatarstan, which regulates investment activities in the region, are also studied. In addition, the article identifies regulatory documents aimed at reducing administrative barriers for participants in the investment process. Considerable attention is paid to financial measures (in the form of tax benefits) and infrastructural measures of the state administration of investment activities. The article also highlights the state authorities of the Republic of Tatarstan, created to improve investment attractiveness and attract investment in the economy.