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Vol 9, No 1 (2024)
View or download the full issue ЭПО (Russian)

ON THE 280th ANNIVERSARY OF THE BIRTH OF G.R. DERZHAVIN

9-15 238
Abstract

The article is devoted to the 280th anniversary of the birth of the first Minister of Justice of Russia, G.R. Derzhavin. The main purpose of the article is to present the individual components of the biography (information from sources published in 1845, 1871, 1874) of G.R. Derzhavin, the first Minister of Justice of the Russian Empire, a contemporary of Catherine the Great, an amazing poet, novelist and playwright, singer of God and Felice, who saw M.V. Lomonosov and blessed A.S. Pushkin, a contemporary of the poet and literary critic A.P. Sumarokov and playwright, founder of Russian sentimentalism V.A. Ozerov, as well as the one who welcomed the new century and the young tsar – the royal grandson of Catherine the Great. The article reflects the periods of childhood, youth, and adolescence of G.R. Derzhavin, and traces the main stages of his professional activity. The following research methods were chosen: analysis, formalization, comparison, analogy, concretization, generalization, expert assessments, description.

THEORY AND HISTORY OF STATE AND LAW

16-25 226
Abstract

In this article, the author puts forward and consistently substantiates the thesis about the possibility of using the ancient Old Testament texts of the Pentateuch of Moses (Torah) as sources of information about the legal culture and legislation of Ancient Egypt. For this purpose, a review of the system of currently formed sources of documentary data on the law and legislation of Ancient Egypt was carried out, the views of modern jurists on the sources of ancient Egyptian law were presented, the problem of an acute shortage of authentic sources of reliable information about the legal aspects of life in Ancient Egypt was identified. The author of the article proposes to supplement this area of historical and legal knowledge with the results of the analysis of the Hebrew narratives about the life in Egypt of such biblical characters as Patriarch Abraham, Patriarch Jacob, righteous Joseph, prophet Moses, taking as a basis those of the biblical evidence that can be verified and confirmed by the data contained in authentic ancient Egyptian sources. In the first part of the historical and legal study of the Old Testament testimonies of the Mosaic Pentateuch on the law of Ancient Egypt, the author examines the famous biblical story about the journey of Patriarch Abraham to this country through the prism of knowledge of ancient Eastern law, compares biblical data with relevant information known from the Ancient Egyptian Book of the Dead, ancient Egyptian papyri, inscriptions on stone steles, etc.

26-33 789
Abstract

The Marxist theory of the state is able to reliably explain the foundations of social development, offering as a model the formation approach, which is a logical system for describing the stadiality of the development of history and explaining such a complex phenomenon as the state in its entirety. The Marxist theory of the state has been enriched somewhere, and where it was subjected to revision, which led in some cases to the rejection of its fundamental assumptions. Today there is a need to summarize the key points of the Marxist theory of the state in its orthodox way, that is, in the way it is presented in the works of the founders – Karl Marx and Friedrich Engels. Relying on fundamental theoretical works and using dialectical-materialist methodology, as well as using system-structural and historical method, the article investigates the conditionality of transitions from formation to formation, reveals the special character of capitalism as a stage of social development, which distinguishes it from previous formations, refutes the strict schematism in the change of formations, erroneously attributed to the founders of Marxism. The results of the study include conclusions about the basic elements of the Marxist theory of the state, generalized preconditions characterizing the emergence in the capitalist mode of production of elements that represent progressive forms of economic communication of the following formations, the economic social formation as a whole is considered, conclusions are drawn about the nature of the socialist formation and its internal tendencies

34-42 266
Abstract

The article examines the philosophical and legal definition of the categories “freedom” and “contract” as constituent elements of a single civilistic category “freedom of contract”. First of all, the article draws attention to the categories of “freedom” and “contract”, establishes their philosophical and legal definition, which in the future will contribute to the comprehensive definition and filling of the central concept of the “principle of freedom of contract” for this study. Based on the analysis of the categories “freedom” and “contract”, the authors conclude that contractual freedom is a very relative concept, in contrast to the absolute freedom idealized by some philosophers in a philosophical sense. The subjects of the contract always arrive in a state of relative freedom. However, the highest degree of dispositivity in contract law favorably distinguishes civil law freedom of contract from freedom in other branches of law, where subjects, on the contrary, are conditionally free or even obliged to conclude a particular contract, due to mandatory public law regulation. A civil law contract implies maximum freedom for its parties.

43-49 295
Abstract

The article is devoted to the study of legal custom in social security relations, where its specificity as a form of law is most clearly revealed. On the one hand, this is due to the primacy of public principles in social security law, which is reflected in its subject, method and sectoral principles, on the other hand, due to the special nature of social security legal relations, the legal nature of which remains unchanged even in the conditions of a post-industrial society, when issues of preservation and further increasing the level of social protection of the population become decisive in the context of achieving sustainable development goals. The relevance of the topic is also dictated by the need to find optimal legal solutions for the implementation of the goals and objectives outlined in the Decree of the President of the Russian Federation of July 21, 2020 No. 474 “On the national development goals of the Russian Federation for the period until 2030”, mainly within the framework of the national goal “Preservation of population, health and well-being of people.” In this regard, the article presents the most significant problems of the implementation by Russian citizens of the right to social security by type of social security (pensions, social benefits, compensation payments, etc.) and the volume of social provision, and also identifies the role of legal custom in the process of improving the norms of Russian legislation on social protection and social security in the context of achieving national development goals. The article provides an analysis of materials from judicial practice, in particular decisions of higher courts, in cases of protecting the right of citizens to social security.

50-57 252
Abstract

The article presents the main results of the study of modern problematic issues related to the identified differences that arise in the presence of an obvious interdependence of legal culture and legal awareness, as closely related political and legal concepts and phenomena. The features of the modern conceptual approach to the formation of legal awareness and the education of legal culture in the conditions of emerging multipolarity are identified and summarized. Logical, comparative, empirical, analytical, historical-legal, descriptive and others were used as the main methods of cognition during the research. The scientific novelty of the study was formed by the conclusions, according to which, in particular, firstly, there is a need to separate the concepts of (1) individual legal awareness, (2) public legal awareness and (3) legal culture; secondly, in the modern conditions of the multipolar world, the formation of legal awareness takes place in a multi-level environment and the changes taking place in the public consciousness are most adapted for the subsequent modification of the social structure in the innovative geostrategy and, thirdly, the study of legal awareness is actually inseparable from the study of formal or informal social organizations (including civil society institutions) and other forces, managers of the legal institutional system (legal infrastructure) and competing numerous forms of social control.

CRIMINAL LAW AND PROCEDURE

58-69 263
Abstract

The social purpose of criminal prosecution in Russia and assignment of a punishment for the committed crime is to redeem the offender. The purpose of this work is to report the results of monitoring of the female crime condition and dynamics in Russia and Komi Republic through the criminological and social/demographic structure of condemned women who are imprisoned in correctional camps for socially detrimental conduct. The authors have elected the analysis of statistical data and comparative analysis of data as their research methods. The elected methods allow us to record a profile of reality, to segregate and to reflect trends in women’s illegal behavior in today’s Russia, to predict processes that occur within such complex negative social and legal phenomenon as female crime. An almost full coincidence of the social profile of a Russian female offenders at the federal and regional levels can be observed, when we compare the available country-wide data with the regional statistics (at the example of Komi Republic), thus confirming the determining factors that guide the female crime and are rooted in the conditions of women’s stay in the social environment. As of 2022, in the population decline conditions, the total number of women staying in Russia’s correctional camps for various crimes reached 28,361. Less than 1% of the total number of condemned women imprisoned in Russia’s correctional camps for women in 2022 (209 of 28,361 condemned women) were female offenders imprisoned in correctional camp FKU IK-31 of the UFSIN of Russia for Komi Republic. The comparative analysis of the social and demographic characteristics of condemned women staying in Russia’s correctional camps and IK-31 above mentioned for the same period demonstrates a direct proportion that is affected by the adverse factors of the social environment against the background of female crime indicators at the federal and regional levels.

70-76 270
Abstract

The article discusses some problematic issues related to sexual violence against minors. Statistics are provided that indicate the prevalence and alarming nature of this negative social phenomenon, which has devastating and long-term consequences for its victims. The research used methods of theoretical analysis and generalization of scientific sources, as well as judicial practice. Based on the use of the method of causal analysis, the determinants of the commission of violent sexual crimes against minors are investigated, the main of which, in the author's opinion, include the prevalence of such negative social phenomena in society as alcoholization and drug addiction, the destructive effects of information television networks and the Internet, the lack of proper control over minors by adults. The need for an integrated and systematic approach is emphasized when taking preventive measures, which should be a set of legislative, organizational, educational and other measures, and have as their main goal ensuring the state of sexual integrity of the younger generation. It is concluded that only by understanding the nature of the consequences for minors of sexual violence committed against them, and by implementing effective preventive measures, a society can ensure a prosperous future for its youngest members.

77-82 218
Abstract

The article discusses the main digital technologies that determine the specifics of the formation of traces of the illegal production, storage, transportation or sale of counterfeit money or securities, as well as the illegal circulation of funds and payments are considered. At the same time, attention is drawn to the types of traces as a specific form of transformation of computer information implemented in the economic sphere. It talks about the features of such material traces, which are mainly formed as a result of the lack of direct visual contact of persons involved in illegal activities. The location of virtual traces is computer hardware and telecommunication networks. It is indicated that these traces (due to their specific properties) can remain in these very means and networks for quite a long time, even in cases where active measures are taken to destroy them. It is noted that activities aimed at destroying digital traces generate new, similar traces. The article talks about the features of the processes occurring inside computer hardware and technologies that are beyond the limits of human perception, the specifics of displaying these traces on material media, making the traces suitable for identification, collection, processing and storage.

83-86 250
Abstract

This article discusses the main purpose of the national criminal legislation and the prerequisites for the adoption of the new Criminal Code of the Kyrgyz Republic in 2021. The need for correctness, fairness and validity in the application of the Criminal Code as an instrument of criminal justice is argued. Particular attention is paid to the analysis of the shortcomings of the new Criminal Code of Kyrgyzstan - its gaps and collisions. The traceability of unsystematic and multidirectional changes and additions in criminal law reforms is emphasized. The continuation of the correction of criminal law policy and the current Criminal Code is predicted, the importance of the scientific approach, the use of criminological expertise and taking into account the requirements developed by the theory of criminalization and penalization are substantiated.

87-94 469
Abstract

Within the framework of the article, the author raises a number of the most problematic issues related to the choice of a preventive measure in the form of detention. Recognizing the undoubted effectiveness and necessity of the preventive measure under consideration, the author, following other researchers, concludes that it is necessary to optimize the current legislation regulating the procedure for the use of detention. Examining the materials of law enforcement practice, the author comes to the conclusion that quite often detention is applied to persons who have committed crimes by negligence. According to the author, when choosing a preventive measure, the form of guilt in the commission of a crime should also be taken into account, and detention should be applied to careless criminals only in exceptional cases.

The author also raises the problem of choosing a preventive measure against persons suffering from diseases that exclude the possibility of detention. Using the example of judicial practice materials, the author shows that judges, due to the lack of a guideline, choose undeservedly lenient preventive measures that do not allow them to ensure the interests of the proceedings. The author offers his own vision of solving this problem.

95-100 245
Abstract

The article discusses current problems of increasing the efficiency of evidence in domestic criminal proceedings in terms of using the capabilities of operational investigative measures and highlights the scientific controversy that takes place on this issue. The author analyzes the theoretical and practical aspects of introducing elements of an operational investigative nature into the field of criminal procedural proof. The work examines the experience of individual countries, both far and near abroad, where the institution of covert (secret, special) investigative actions has been effectively functioning for a long time, and compares them with the investigative actions provided for by the Criminal Procedure Code of the Russian Federation and including secret methods of obtaining information; both their common and distinctive features are noted. Particular attention is paid to the possibility of reforming the criminal procedural legislation of Russia by consolidating in it a system of covert investigative actions.

CIVIL LAW

101-111 362
Abstract

The article analyzes the currently existing civil law regimes of property rights, obligation rights, and exclusive rights from the perspective of their possible application in relation to virtual (digital) property. It is noted that in the Russian doctrine, with reference to foreign sources and foreign experience, attempts have been made to adapt the concept of property law to the objects of the virtual world. At the same time, a number of domestic researchers adhere to the position that virtual (digital) property, taking into account its legal nature, intangible form and existence exclusively within a certain system, should be considered within the framework of intellectual property. Recognizing the impossibility of extending the regimes of property law and exclusive rights to virtual objects, the legal doctrine also notes that digital rights arise for digital objects that arise and exist exclusively in electronic form. In addition, the author criticizes the legislator's approach to classifying digital rights as objects of civil rights and proposes to exclude digital rights from the list of objects of civil rights (Article 128 of the Civil Code of the Russian Federation), at the same time include virtual (digital) property directly into it, extending the civil law regime of digital rights to it, taking into account the content of the latter, without which currently, this definition has an abstract character.

112-119 220
Abstract

The relevance of the issues of improving tourism legislation within the framework of the Union State is due to external and internal factors of economic development in both Russia and Belarus. In the Russian Federation, a large package of amendments to regulatory acts regulating public relations in the field of tourism is currently being prepared due to the fact that the tourism industry affects a number of branches of law: civil, land, business. It is necessary to solve a number of legal problems related to the harmonization of norms governing tourism activities within the framework of the Union State. The article discusses possible directions for the development of regulatory regulation in the field of tourism, and concludes that it is necessary to use an integrated approach to establishing the legislative framework for tourism activities. The authors explore the steps that both sides of the Union State are taking in order to achieve common goals for the harmonization of legislation in the field of tourism activities. The authors pay special attention to the analysis of the legislation of the Republic of Belarus.

120-124 206
Abstract

The article discusses the current aspects of the legal regulation of the convertible loan agreement in Russia and the People’s Republic of China. It is noted that the relevant federal law was adopted in Russian legislation not so long ago, which regulated certain problematic aspects of execution of the convertible loan agreement, which is a positive step towards improving the practice of its implementation. The methodological basis of the research for writing the article consists of logical, systematic and formal-legal (dogmatic) methods. Conclusions were drawn that by now the convertible loan agreement has not found its regulatory consolidation and appropriate recognition in Chinese legislation, although in fact there are all grounds for its implementation. Convertible bonds, which cannot be identified with convertible loan agreements, have become particularly popular in China due to existing legislative gaps. In the final part of the article, it is emphasized that the experience gained in Russia in regulating convertible loans may be useful for the PRC.

125-130 169
Abstract

The purpose of the scientific research is to perform a detailed analysis of the role and effectiveness of the Government Commission for Control of Foreign Investments in the Russian Federation (hereinafter – “Pravkommission”) as a regulator of the legal status of the investor. The article analyzes the existing legal regulation, goals and objectives of the activities of the Pravkommission. Based on the analysis, the author identifies the shortcomings of the current legal regime of the activities of the Pravkommission, and also proposes changes to improve the efficiency of its activities. The scientific novelty of the research lies in the generated proposals for changing the legal regime of the activities of the Pravkommission in the future in order to increase the legal protection of investors and the investment attractiveness of Russia. In particular, according to the author, it seems advisable to transfer its functions for approving certain types of transactions/operations to a specific federal executive authority, for example, the Ministry of Economic Development of the Russian Federation, the Ministry of Finance or several different federal executive authorities at once, depending on the type of transaction or operation being approved.

131-137 207
Abstract

The combination in the legal status of the Bank of Russia of the functions of a consumer and a regulator of financial services, as well as banking supervision, is one of the causes of a conflict of interest. The authors analyzed the anti-corruption obligations, prohibitions and restrictions established for employees of the Bank of Russia. The main features and structure of the anti-corruption norms of federal legislation and acts of the Bank of Russia in terms of determining the conflict of interest and mechanisms for its resolution are highlighted. It was revealed that, unlike other state bodies, a specific ban for employees of the Bank of Russia is a ban on obtaining loans from commercial banks. It is argued that for the Bank of Russia, the legislation has created an exclusive regime that allows you to independently establish the rules for the implementation of procurement activities outside the sphere of independent control. Such a regime ensures the constitutional independence of the Bank of Russia, which is necessary for it to exercise its powers in the economic sphere. But at the same time, it makes the possibility of ensuring counteraction to corruption and other abuses in the field of procurement only dependent on the behavior of the Central Bank of the Russian Federation itself. The article formulates recommendations for improving the system of prohibitions, restrictions and duties of employees in the Bank of Russia.

138-148 181
Abstract

The institution of bringing to subsidiary liability the persons controlling the debtor is a mechanism for protecting the property interests of creditors who rightly expect compensation for losses due to unlawful or incompetent actions of specific persons who have a certain influence on the activities of the debtor. Being an exceptional measure of a legal nature, this mechanism is quite often used in bankruptcy cases, including when a credit institution is involved as a debtor in the case. Meanwhile, almost every fourth application to bring a person controlling a credit organization to subsidiary liability remains unsatisfied. This circumstance indicates the presence of a systemic problem in understanding those fundamental criteria, in the presence of which the law enforcer has the right, and in some cases is obliged, to implement the legal mechanism in question for protecting the rights of creditors. In this regard, the authors made an attempt to analyze the legal doctrine in order to determine the concept and essence of subsidiary liability of controlling persons in the bankruptcy of banks, as well as to study the mechanism for bringing controlling persons to subsidiary liability in the bankruptcy of banks. The methodological basis of the study is the dialectical approach with its inherent general philosophical methods of cognition and the laws of dialectics. Analysis, synthesis, induction, deduction, analogy, generalization, as well as logical, historical, systemic, structural-functional and comparative methods were used as general scientific research methods. Legal analysis of legal phenomena and categories was carried out using special legal methods: formal legal, comparative legal, legal unification, legal analogy.

149-156 194
Abstract

The article presents the main forms of implementation of the tax policy. In order to implement the objectives of tax policy at an effective level, the state uses various tax instruments that differ significantly from each other. The most effective direction of tax control at the moment is the comprehensive administration of tax production through the implementation of the system of federal data processing centers, the functioning of the risk management system and the comparative characteristics of the submitted information of payers and data of their counterparties. In turn, the growth in the number of international transactions will require improving the process of managing tax risks in foreign economic activity, in this regard, taking into account the trends of digitalization of the economy will allow for a more flexible tax system. The introduction of digital technologies into the process of tax administration is the main task in implementing the transformation of the tax system in a modern economy, the process of introducing modern technologies that appear as the digital economy integrates will be able to ensure transparency of this process in the state budget system, in conditions of “frontal” cost reduction.

INTERNATIONAL AND INTEGRATION LAW

157-169 297
Abstract

This article attempts to explore and analyze international commercial courts, examining their structure, functioning, and fundamental aspects of their activity. The primary emphasis is placed on the comparative study of various models and approaches used in global commercial courts, with their effectiveness in dispute resolution and attractiveness to participants being considered. This article summarizes the main traits of several international commercial courts in Asia, Middle East and Europe. The methodological framework of this research relies on the dialectical method. General scientific and specific scientific methods were employed, including descriptive, formal-legal, systemic and analytical methods, among others. Their application allowed for a comprehensive and thorough examination of the issues addressed in this article. Various aspects of procedures, rules, decision-making mechanisms in the context of international commercial courts, as well as their approaches to the recognition and enforcement of court decisions, are analyzed in the article. The author highlights the significance and challenges associated with such courts, discusses their strengths and weaknesses, and offers recommendations and directions for future research in this area. This article provides a comprehensive overview and analysis that could be valuable for specialists in international law and stakeholders interested in a deeper understanding of the functioning of international commercial courts and their role in resolving global commercial disputes.

ЭНЕРГЕТИЧЕСКОЕ ПРАВО

170-173 208
Abstract

The article outlines the main systemic principles of modern energy law as a complex branch of law, as well as describes the current trends in its development, among which the author refers: 1) convergence of approaches within the framework of regulation of energy law, taking into account the interaction of countries in effective integration formats; 2) regulation of energy relations, taking into account the low-carbon trend in the global energy sector; 3) development of regulation of relations on the use of renewable energy sources; 4) creation of legal conditions for the development of hydrogen energy The author concludes that modern energy law is a complex branch of law, which, combining elements of the subject and method of legal regulation of civil, administrative law and a number of other branches, has its own specifics, generates new regulatory properties in relation to a very wide range of public relations in the energy sector. At the same time, according to the author, energy law has a special object of rights, about which relations are developing – such an object is energy.

174-178 279
Abstract

Integration processes in the modern world are actively developing, especially within the Eurasian space. The presented article explores the theoretical and practical aspects of unifying the legal regulation of the fuel and energy complex (FEC) as a tool for Eurasian integration. This process involves the harmonization and standardization of regulatory acts related to the extraction, transportation, and utilization of energy resources in the member countries of integration associations. The authors analyze heterogeneous approaches to understanding the legal nature of FEC unification. An attempt is made to identify the main features and characteristics of unification in the law of the Eurasian Economic Union (EAEU), with particular attention to potential problems and challenges that may arise in the process of unifying legal regulation within Eurasian integration. Possible solutions to contentious issues are proposed in the paper. Special attention is paid to the study of EAEU norms through comparative analysis of the EAEU treaty and international agreements between integration members. As a result of such unification, the efficiency of the fuel and energy sector’s functioning is increased, administrative barriers for market participants are reduced, and competitiveness on a global scale is enhanced. The subject of this study is the norms of international treaties and the norms of EAEU law.

SPORTS LAW

179-183 338
Abstract

The article will address issues related to the legal regulation of labor relations in the sports industry, as well as the specifics of concluding, changing and terminating employment contracts in the event of suspension of athletes and coaches from participating in international competitions. The analysis of such aspects as the rights and obligations of the parties to labor relations, possible reasons for the suspension of athletes and coaches from participating in international competitions, the procedure for changing and terminating employment contracts in such cases, as well as issues of compensation for damage caused by suspension from competitions. The article will also consider specific cases of suspension of athletes and coaches from participating in international competitions and court decisions on such cases. The article will be useful for specialists in the field of sports law, employees of sports organizations and anyone interested in the legal aspects of labor relations in the sports industry.

FAMILY LAW

184-188 222
Abstract

This article examines the specifics of Russian legislation at the time of conclusion and the problems of implementing a marriage contract with an analysis of the regulatory framework in order to amend the legislation. In our country, unlike in the West, a prenuptial agreement is an innovation with a poorly developed instrument (mechanism) of application, which complicates work not only in practice, but also leads to lively disputes in theory. The institution of a marriage contract is a necessary, promising tool for regulating the property relations of spouses, including in the case of divorce and division of jointly acquired property, however, special attention should be paid by the Russian legislator in the field of improving its legal regulation. Using the example of an analysis of judicial practice, the author demonstrates how often there are claims for invalidation of a marriage contract due to the fact that the law does not allow the parties to include all the desired conditions in the marriage contract.



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ISSN 2411-118X (Print)