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ECONOMICS. LAW. SOCIETY

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Vol 9, No 2 (2024)
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THEORY AND HISTORY OF STATE AND LAW

9-15 195
Abstract

Since the emergence of Christianity, the church (both Catholic and Orthodox) has permanently inspired parishioners and laypeople that the progenitors of mankind committed a grave sin in Eden (they disobeyed God’s instructions not to eat the fruit from the tree of knowledge of good and evil), which all representatives of the human race inherited. Therefore, every person bears the seal of this original sin from the moment of birth, which is why everyone needs to regularly attend church and turn with a penitent prayer to the Almighty, begging forgiveness before the Creator for this (as well as for others) sin. For these purposes, the Fathers and teachers of the church have even developed special prayers. Adam and Eve undoubtedly violated God’s prohibition. But can this disobedience of theirs be qualified as the original sin, the black seal of which lies on all mankind? This, as well as other complex spiritual and moral issues arising from the paradigms established in Christianity on the problem raised, constitutes the subject of the research in this article. In it, the author made an attempt through the prism of the appeals of the Old and New Testaments, natural and positive law to find intelligible answers to the questions posed through a logical and semantic analysis of the relevant provisions of the Bible.

16-31 85
Abstract

In this article, the author consistently develops the scientific hypothesis put forward by him in a previous publication about the possibility and necessity of using the Old Testament texts of the Pentateuch of Moses (Torah) as ancient written sources of information about the institutions of law and the state in Ancient Egypt. To do this, following the method of historicism, the biblical biography of the Jewish righteous Joseph, whose entire adult life was spent in Egypt, is studied in detail chronologically through the prism of categories of historical and legal science. The indications found in this story about the existence and content of individual ancient Egyptian legal norms or legal institutions in order to verify their objectivity are compared with archaeological finds related to the civilization of Ancient Egypt (papyrus texts, inscriptions on steles, tomb walls, etc.). The analysis made it possible to draw and substantiate the conclusion about the consistency of the evidence of the Pentateuch of Moses, on the one hand, and authentic ancient Egyptian written sources, on the other hand, about the legal culture of the oldest centralized state on our planet, as well as about the exceptional historical and legal value of information about the state and law of Ancient Egypt and other ancient Eastern states contained in The Old Testament of the Bible.

32-40 176
Abstract

In the article the types of documents that identify citizens of the Russian Empire and foreigners are presented, from the time of Peter the Great to the present day. The categories of the population to whom they could be issued based on their permanent place of residence are indicated, as well as who was deprived of such a right. The contents of the “Code of Statutes on Passports and Fugitives” and the role of this document in controlling the migration and emigration of Russian citizens are discussed in detail. Considerable space is devoted to the characterization of individual provisions of the “Charter on Passports”; a comparative legal study of the two presented documents on passports is carried out. An attempt is made to show the role of these legal acts in regulating the provision of public order and personal safety of citizens by the police of the Russian Empire. An analysis is given of the starting legislative acts of Russia, the USSR, and the Russian Federation, which regulated and governed the procedures for issuing passports, which makes it possible to determine the standards of this work.

41-48 194
Abstract

Based on the comparative legal method, the article examines the first European experience of enshrining the principle of separation of powers into legislative, executive and judicial in the constitutions of the Polish- Lithuanian Commonwealth and France of 1791. The author analyzes the features of the formation and powers of the Legislative Corps of the French kingdom, as well as the bicameral Seme of the Polish-Lithuanian Commonwealth. Within the framework of a comparative analysis, the status of the constitutional monarchs of France and Poland is compared, their prerogatives within the executive branch, the institution of regency and the system of succession to the throne are examined. In addition, the author pays special attention to the status of the judicial authorities, called upon to administer justice. The article notes the influence of the US Constitution of 1787 on European fundamental laws, notes the role of the revolutionary events of the Great French Bourgeois Revolution designed to destroy the feudal order of absolutism, as well as the political desire of the Polish elite to preserve statehood by abandoning the ancient liberties of the gentry, which consisted in electing kings, the right of free veto when passing laws and the ability to legally resist the king by declaring an armed rebellion - rokosz. The Polish model of separation of powers is characterized as less controversial than the French one, since the members (Guardians of the Laws of the Polish-Lithuanian Commonwealth), i. e. ministers, could sit in the Senate. The Polish separation of powers did not recognize the separation of church power from secular power, therefore the primate, the head of Polish Catholics, was also a member of the government.

49-57 98
Abstract

The research is focused in the Indian factor’s influence on the development of revolutionary endeavors in the British colonies in North America. According to the author, this factor is one of the key reasons that led to the beginning of the struggle of the North American colonies for independence in 1775. In order to achieve this goal, the author analyzes the policy of the British Empire towards Native Americans. The analysis is based on the materials and decisions of the Privy Council in the pre-revolutionary period of 1745–1766. This source has not been thoroughly studied before, which determines the scientific novelty of the presented work. As a result of studying this source by using the induction method, the author comes to the following conclusion. The Crown’s geopolitical vision of the Indians contradicted the interests of the colonial population of agrarian America. In the XVIII century the metropolis saw the Indian tribes of North America as allies, and in some cases as its subjects. In the first case, such an attitude was part of the strategy in the imperial struggle with France, and in the second – part of the internal policy of the British Empire, which tried to maintain a balance of interests in one of its own colonies and prevent complications in relations between colonists and the indigenous peoples of the continent, which in most cases acquired the most tragic consequences and could require the metropolis a military solution. The need to overcome the veto on expansion in the western direction became one of the reasons for the beginning of the struggle of the North American colonies for independence.

CRIMINAL LAW AND PROCEDURE

58-63 273
Abstract

The article highlights topical issues related to the definition and qualification of serious harm to health, which are one of the most dangerous forms of violent attacks against human health. The purpose was to identify the features and problems faced by the courts in determining the degree of harm and sentencing for this crime. In the course of the research, general scientific methods of theoretical analysis, generalization and systematization of scientific data were used, on the basis of which a legal analysis of the concept of “harm to health” was carried out, its main features were identified. Attention is drawn to the possible difficulties that law enforcement officers and courts may have in qualifying criminal acts of this category of crimes. The elements of the subjective and objective sides of this type of crime are considered in detail, including questions of intent and intentions of the perpetrators. Special attention is paid to the importance of cooperation between medical and legal experts in determining the severity of harm to health in order to ensure the correct qualification of the act. It is concluded that solving the problem of proper qualification of intentional infliction of serious harm to health is an important task of criminal justice in order to ensure a fair and legitimate reaction of the state to the commission of an act prohibited by law.

64-68 180
Abstract

The article analyzes the process of digital transformation in the Russian Federation, as well as the degree of its influence on criminal proceedings. Attention is drawn to the systematic activities of the state to regulate the phenomenon under consideration, giving it the status of a national development goal. The author summarizes that the digital transformation, which is actively carried out in the Russian Federation, has a significant impact on the sphere of criminal proceedings. As part of the study, directions for the digital transformation of criminal proceedings are identified, which make it possible to increase the efficiency of criminal proceedings and guarantee the inviolability of the legal status of the individual. The author analyzes the consequences of the implementation of information technologies in the field of activity under consideration, indicating the goals that seem possible to achieve during digital transformation. Please note that all law enforcement agencies have created structural units responsible for informatization of their activities, communication with citizens using various information technologies. The problems of implementing information technologies during the implementation of prosecutorial supervision over the legality of activities in the pre-trial stages of criminal proceedings are highlighted. The author touches on the problem of using artificial intelligence in criminal proceedings, summarizing the inadmissibility of replacing a person with various software systems.

69-74 158
Abstract

The article considers the specific role of the defender as a participant in the criminal process, the features of his functions and tasks. The importance of the participation of a professional defender (lawyer) in criminal proceedings is explained by the fact that it is in this area that significant restrictions and violations of constitutional rights may arise, including the right of citizens to protection. It is with the help of a defender that a citizen suspected or accused of a crime forms his position on the case and can prove his innocence to the investigation and the court or achieve mitigation of punishment. The functions and tasks of a defender are a complex mechanism of advocacy in criminal proceedings. Meanwhile, in some cases, lawyers face difficulties in the criminal process, which is explained by insufficient regulation of their participation in the case. In particular, the authors note that the current legislation does not contain the concept of a lawyer’s investigation, despite the fact that at the present stage of criminal proceedings a lawyer is allowed to independently collect evidence. At the same time, the legal possibilities for collecting evidence from a lawyer are much narrower than those of law enforcement officials.

75-80 198
Abstract

Within the framework of this article, the author raises the question of the need for further improvement of the criminal procedure and related legislation in terms of the procedure for electing and implementing a preventive measure in the form of supervision by the command of a military unit. The author, analyzing the acts specified in the Code of Criminal Procedure of the Russian Federation, discovers a false reference by the legislator to military regulations, which in fact do not contain the required norms. According to the author, the current lack of legislative regulation of the procedure for the election and implementation of the preventive measure in question does not allow us to fully talk about its actual effectiveness. The author confirms this conclusion with practical research materials: the results of questionnaires and interviews of military investigators and military prosecutors, as well as materials of judicial and investigative practice. Entering into a polemic with process scientists, the author formulates his own vision of the legislative regulation of the procedure for the election, execution and serving of the preventive measure in question

81-84 267
Abstract

In the framework of this study, the author attempts to analyze the initial stage of the investigation of fraud committed using IT technologies. As the author notes, one of the peculiarities of investigating fraud using computer information is that typical traces of a crime should be searched for in computer devices and on the Internet, these traces are virtual in nature, their detection, seizure and subsequent research involves the involvement of a computer information specialist in the investigation of a criminal case. In this category of cases, a computer-technical examination (CTE) is mandatory to detect traces of a crime. The results of the examination form the basis of the evidence base for this category of cases. At the same time, as the author concludes, the information security measures taken are not able to prevent fraud in the field of computer information.

85-91 142
Abstract

The article deals with the issues of legal regulation of various social services (employment centers, social adaptation centers, non-governmental centers for free legal aid, etc.) for the provision of social services to persons who are released from serving their sentences. The subject of the study is the analysis of the specifics of the provision of social, labor, social, social and legal services to various groups of persons exempt from serving sentences both within the framework of the state and non-state social service system in the region. The conducted study of the special legal capacity of non-profit organizations as providers of social services made it possible to identify the essential characteristics of promoting social adaptation and the formation of responsiveness in this category of persons. The general scientific and private scientific methods used by the author (comparative legal, formal legal, statistical) have revealed ways of successful cooperation between the institutions of the Federal Penitentiary Service of Russia with state and municipal authorities and social services, which affect the increase in employment and re-socialization of convicts, as well as contribute to compensation for victims. The author provides suggestions on innovations in sectoral legislation, including the transformation of public relations in connection with the expansion of activities of institutions of the penal enforcement system in conjunction with state and non-state social services with the assistance of the implementation of programs for the re-socialization of convicts. Based on the results of the study, the following conclusions were made: 1) the interaction of institutions of the Federal Penitentiary Service and Centers for Social Adaptation, Centers for the provision of free legal aid contribute to the formation of a system of social services for the comprehensive re-socialization of persons released from places of deprivation of liberty; 2) it is necessary to expand the types of social and labor services provided by Employment Centers to persons released from places of deprivation of liberty; 3) inclusion in the register of subjects of social entrepreneurship of legal entities that produce goods, perform work and provide services to convicts in institutions of the Federal Penitentiary Service; 4) it is necessary to develop mechanisms for effective interdepartmental interaction of institutions of the Federal Penitentiary Service with the Ministry of Labor and Social Protection of the Russian Federation, the Ministry of Science and Higher Education of the Russian Federation, the Ministry of Health of the Russian Federation, etc., aimed at increasing the employment of convicts, both during the period of serving their sentence and during probation. This will contribute to their re-socialization in society.

CIVIL LAW AND PROCEDURE

92-100 402
Abstract

The article analyzes the civil law category “property”, which appeared in Roman law, is used in modern domestic legislation, but in the absence of its legal definition it belongs to one of the controversial categories of civil science. In this regard, the article presents various doctrinal points of view on both the concept of property itself and its content. Thus, property refers to individual things and their totality, or things, money and securities. Alternatively, this concept covers things, their aggregates, money and securities, as well as property rights. Property also refers to the totality of cash, money, securities, property rights, as well as the obligations of the subject. Based on the norms of Article 128 of the Civil Code of the Russian Federation, the author analyzes the relationship between the concepts of “property” and “thing”, analyzes the possible content of the concept of “other property”, considers in general terms the category of property rights from the position of its content as an object of civil rights. As a result, the author questions the need to use the legal category “property” as a generalizing concept of objects of various legal nature and rights arising on them in the modern system of objects of civil rights.

101-106 143
Abstract

The relevance of the research topic is dictated by the fact that digitalization processes taking place in all spheres of economic life of society have affected binding legal relations in the field of retail sale. Every year, distance trading is becoming more popular among citizens and people engaged in entrepreneurial activities. During the period of mass sales, citizens are most actively using online services of trading platforms. Online shopping, organized by online stores across the country, shows that civil relations are increasingly arising by signing contracts remotely, which, on the one hand, is a convenient option for buyers, and on the other hand, distances it from the seller in case of improper fulfillment of obligations by the latter. The remote method of selling goods is regulated by art. 26.1 of the Law of the Russian Federation dated 07.02.1992 No. 2300-1 “On Consumer Rights Protection”, the Rules for the Sale of goods under a Retail sale agreement approved by Decree of the Government of the Russian Federation dated 31.12.2020 No. 2463. Thus, the digitalization of the country leaves its mark on the provision of services and the sale of goods, which creates a number of problems related to the violation and protection of consumer rights. The subject of the study is the rights of consumers who purchase goods remotely. In the scientific works of scientists D. K. Dolina, L. Yu. Kiseleva, V. G. Borshcheva issues related to the specifics of concluding a purchase and sale agreement by remote means, regulation of legal relations between participants and the main tasks in the field of consumer protection were considered. The paper analyzes court decisions on disputes related to the purchase of goods on marketplaces. The authors of the work studied the legislative framework governing legal relations for the protection of the rights of consumers to whom the goods purchased online were not transferred. The methodological basis of this article consists of general scientific and special research methods: formal-logical, comparative, methods of analysis and synthesis, the method of generalization. The article defines the legal issues of the features of distance trading, and concludes that the purchase of goods via the Internet is associated with the emergence of conflicting legal situations that should be taken into account by both sellers and buyers.

107-110 230
Abstract

The article is devoted to the analysis of defects in arbitration clauses that create problems when considering disputes between participants in cross-border commercial disputes. The authors note that the main negative consequence of the presence of pathology in the reservation is the inability to consider the dispute on its merits until the dispute is resolved on the establishment of a body competent to consider the dispute, which ultimately leads to the need for the parties to apply to the state courts for resolution of a commercial dispute. Using specific examples, the authors demonstrate defects that are very often allowed by the parties when concluding an arbitration agreement. The purpose of addressing this topic is to fix and analyze the defects often identified in the practice of international commercial arbitration, leading to the pathology of the arbitration clause. On this basis, the authors have given separate recommendations to avoid defects in the wording of the text of the arbitration clause.

111-122 212
Abstract

The subject of this study is notarial activity, as well as control over its legality. The activities of notaries need to be monitored, such a need is due to a number of social, legal and economic reasons, in this causal complex, the most relevant reason for the authors is the prevention of conflict situations through state control in the law enforcement practice of notaries, as well as checking the general legality of the application of current legislation by notaries. The study used dialectical, logical, formal–legal, systemic-structural methods. The authors analyzed the features of control over the activities of notaries, characterized the main types of control, identified problems in the implementation of the managerial function of the state for the implementation of this control; a new approach to the classification of control checks is proposed, the need to distinguish two types of them is proved: systematic and extraordinary.

123-128 121
Abstract

The article examines the peculiarities of the legal regulation of the alienation of residential premises from public ownership to the ownership of individuals. In particular, the procedure for the privatization of residential premises belonging to the state and municipal housing stock, and used by citizens under a social rental agreement, is disclosed. The authors raise the problematic issue of the procedure for the transfer to the ownership of individuals of the so-called luxury apartments, which become state property as a result of the application of legal sanctions to their past owners as a result of the identification of facts of corruption offenses. The authors also analyzed a number of problematic aspects identified as a result of studying law enforcement practice in the field of privatization: we are talking about cases of invalidation of the contract for the transfer of residential premises to ownership as a result of privatization, as well as cases of refusal to participate in privatization. The authors also address the problems of protecting the rights of minors in the process of privatization. The article also pays attention to the reverse process of privatization – deprivatization. The authors conclude that it is necessary to continue improving the legal norms defining the status of participants in privatization, whose rights may be violated due to gaps in legislation.

INTELLECTUAL PROPERTY LAW

129-133 96
Abstract

The article is devoted to issues related to the peculiarities of using libretto being the object of copyright as part of the complex work. A peculiarity of this type of work is its narrow applicability in the field of art – its use as a literary basis for staging opera and ballet performances, which is why judicial practice does not have an established position on the issues of proving authorship and the legality of using libretto when staging performances. The purpose of this work is to study the features of libretto as the copyright object which influence the legal regulation of libretto when used in the creation of a musical stage work. The objectives of this work are: 1) description of the criteria for libretto as the object of copyright for its qualification as a derivative work according to the rules of paragraph 1 of Article 1260 of the Civil Code of the Russian Federation; 2) studying the connection between libretto and musical work, choreography when creating a musical stage work; 3) research into the possibility of using the same libretto when staging ballets to the music of different composers. It is concluded that, unlike other script works, libretto as an independent work can be used in different ballet productions based on the same literary source and being independent synthetic works though. The ability for transformation and diverse embodiment makes libretto a unique tool in the hands of stage works creators, allowing each time to reinterpret classic literary works.

134-143 128
Abstract

The subject of this study is artificial intelligence (AI) as one of the leading areas of venture capital investment in Russia over the past seven years. Along with the significant beneficial effect of this technology for the economy, there are risks of harm or violation of rights and legitimate interests of persons involved in the development, implementation or operation of AI systems. As a result, human resource development and intellectual property protection are highlighted as key factors in investment attractiveness of AI. The methodological basis of this study is the analysis of the importance of specialized professional skills improving and mastering digital competencies by a wide range of people, as well as the analysis of intellectual property protection in the field of AI development or its use for creating new intellectual property object. The author proposed the highlighting of digital competencies’ levels: basic (elementary), specialized (applied) and professional (advanced); the introduction of a public domain regime for objects created using AI, which implies the mandatory indication of the resource with which the object was created, and automatic labeling of materials created using AI.

144-148 107
Abstract

The article examines the features of the legal regime of the means of individualization of an enterprise as a property complex. The civil legislation does not regulate specific types of results of intellectual activity and means of individualization used in the process of functioning of the enterprise. The legislation also lacks detailed regulation of the features, methods of exercising exclusive rights to them, as well as their disposal. To form an integral, consistent concept of the legal regime of means of individualization in the company, the author defines the nature of these objects and the types of means of individualization that are protected as part of an enterprise as a property complex, as well as indicates the specifics of the emergence of their legal protection and the exercise of exclusive rights. The transfer of the exclusive right to a commercial designation to another person is possible only as part of the enterprise for the individualization of which it is used. In this case, the original copyright holder loses the right to use this designation for the individualization of other enterprises belonging to him. Since some means of individualization are not subject to registration with Rospatent, the author suggests including information about them in the constituent documents of the organization – owner of the enterprise, as well as specifying them in the documents submitted for registration of an individual entrepreneur.

149-158 123
Abstract

We are in a post truth era. Behind a series of news events, the global public opinion field is full of false information, misleading information, and information that cannot be identified. At the same time, with the interweaving process of globalization and anti-globalization the global public opinion field is also nearly stratified, torn, and no longer sharing consensus. The main reason for this phenomenon is naturally due to the drastic changes in the global political, economic, and international relations landscape, but at the same time it cannot be denied that the media systems and institutions of different countries also have indispensable influence effects, including traditional professional media, as well as social media, platform media, and smart media. The development of the Internet and new media has innovated the way news is disseminated, but it has also raised a series of ethical issues such as fake news. Only by working together can we fundamentally reduce falsehoods, thereby ensuring the authenticity of news content and improving the ecological environment for news production and dissemination. Fake news isn’t limited to popular social network and the world’s fringe news sites, legitimate news sites can also publish disinformation in full view. For this reason the competition for speech power and new media diplomacy define the new trends and characteristics of international communication.

DIGITAL LAW

159-164 154
Abstract

The article examines the legal nature of electronic money and the digital ruble. Non-cash payments for commodity and non-commodity transactions are carried out in different forms, which have specific features of the functioning mechanism, due to the variety of types of settlement algorithms, the nature of document flow, time and method of payment. Combinations in the content of these elements make it possible to further improve noncash payments and the emergence of new forms that more fully meet the current state and prospects for the development of the Russian digital economy. A conclusion is made about the transformation of the content of the terms “monetary system” and “money turnover” in the digital economy.

165-169 124
Abstract

This article is dedicated to the analysis of changes in the position of electronic media in the context of digitalization, especially in the light of the transition to online formats and digitalization. The key changes in the mechanisms of media influence on society in the new digital realities are analyzed. The influence of the media on society at the present stage has increased not only in a quantitative sense – by obtaining the possibility of endless replication of news, which allows reaching the widest possible audience in a short time, but also due to the anonymity of the authors of fake news texts or news containing a tendentious selection of facts, as well as by obtaining them, although not state power but the power of a private legal nature, provided by the principles of civil law, its blank norms and gaps.

INTERNATIONAL LAW AND COMPARATIVE LAW

170-174 259
Abstract

The article explores and analyzes the essence and legal significance of the special military operation in the context of a forced measure to ensure international security from the penetration of destructive and inhumane ideas of fascism and neo-Nazism into other countries. The task of the special military operation set by the President of the Russian Federation has been half completed, Ukraine has been demilitarized, the weapons it uses in combat operations are entirely foreign-made, the state no longer has its own weapons. However, the task of denazification of Ukraine still needs to be completed by the Armed Forces of the Russian Federation. The collective West, which has declared Russia an aggressor, seeks to convince the world community of an encroachment on the sovereignty of an independent state, of the illegal annexation of the regions of Ukraine to Russia, and their occupation. In this regard, international security, thanks to the anti-people Kyiv regime, is under a serious threat from the use of nuclear weapons and subsequently nuclear war, the result of which is the same – the death of all humanity. Therefore, the study proves the fact that it is possible to ensure international security only through the complete denazification of Ukraine and the cessation of arms supplies by other countries to its territory. History and practice show that our state has always successfully repelled the attacks of aggressors, while it itself has never sought to enslave other peoples. The multinational character of Russia tells us not about forced expansion of its borders, but about the desire of other peoples to be part of the country and under its constant protection. The elections in the newly annexed territories once again convincingly proved this to us. Particular attention is paid to the application and use of various types of innovations during a special military operation, which ultimately, together with the professionalism and courage of our soldiers and officers, lead our country to an unconditional and inevitable victory.

175-180 160
Abstract

The purpose of the present paper is to highlight specifics of the theory of control in relation to foreign companies and transactions. In accordance with this goal, our paper is aimed at solving a number of tasks: (1) to show the specifics of determining the legal status of a branch of a Russian legal entity opened on the territory of a foreign state or reflect the specifics of the legal regime of its activities; (2) consider individual cases in which notices of the controlled foreign companies should not be provided under the Russian law; (3) consider issues related to the procedure for calculating income tax of controlled foreign companies, in particular, when terminating certain double taxation avoidance agreements with certain unfriendly states; (4) reflect the risks of implementation of controlled transactions, as well as liability for unlawful failure to provide notices of controlled transactions or submission of inaccurate information; (5) address the specifics of importing products of foreign origin as samples, and also consider the need to file notices of controlled transactions with respect to the supply of samples. The methodological basis of the study contains dialectical, systemic and modeling methods.

181-186 102
Abstract

The article presents the main results of the study of modern problematic issues related to the peculiarities of the normative legal support of the activities of public and non-public joint-stock companies in the Russian Federation and the Socialist Republic of Vietnam in the modern period of the development of multipolarity, digitalization of the socio-economic sphere and in the conditions of overcoming the adverse effects of international sanctions and pandemic phenomena. It is noted, among other things, that joint-stock companies are a key force in the economy, so the state should pay special attention to these enterprises. Based on the practice and policy of improving market economy institutions to meet the requirements of an open economy and the integration of joint-stock companies’ needs, the article presents the features of legal support for the activities of joint-stock companies in the Russian Federation and Vietnam. Comparative legal analysis was carried out. Based on the study, limitations were identified, as well as the main directions and improvement solutions were proposed, contributing to improving the quality and effectiveness of legal support activities of joint-stock companies in the future. The research methodology includes logical, comparative, experimental, analytical, descriptive and other methods. The scientific novelty of the study lies in the clarification of the fact that legal support of joint-stock companies is not just a temporary policy, but a long-term work demonstrating the economic function of the state. At the same time it reflects the nature of the service that brings public and private benefits that the state should provide for joint-stock companies. The study also suggests directions and solutions for improving the law on legal support of joint-stock companies, as well as the expedient implementation of the law on legal support of joint-stock companies in order to increase the support activities effectiveness in accordance with current and future practice.

187-192 122
Abstract

The article is devoted to the systematic analysis and search for problems of applying the principle of good faith in the civil law of Russia and Vietnam. The author emphasizes the importance and necessity of defining the principle of good faith in the regulation of contractual relations not only between Russia and Vietnam, but also among all participants in international relations. The article proposes a number of significant changes and improvements for legislation relating to the principle of good faith, based on theoretical study, analysis of the existing state of law and practice of its application in the contract law of two different legal systems. The purpose of these proposals is to improve the regulatory framework governing the principle of good faith in order to increase its practical effectiveness in law enforcement. The research method includes an analysis of legislation, judicial practice and academic sources. The scientific novelty lies in identifying the features of state interaction based on the principles of good faith. The article concludes that it is important and necessary to adhere to these principles in order to develop trust between the parties, ensure the stability of the business environment and strengthen mutually beneficial partnership between the two countries. It is of the greatest interest both for specialists in the field of civil law, as well as for subjects of international relations and business.

ЭНЕРГЕТИЧЕСКОЕ ПРАВО

193-202 136
Abstract

The the article considers the current topical trends in the development of control and supervisory activities in the field of design, construction, modernization and operation of energy facilities abroad by Russian companies in connection with the general trends of reforming state control (supervision) carried out in Russia in recent years. The following trends are highlighted: 1) widespread introduction and development of risk-oriented approach; 2) ensuring the priority of the preventive component of control and supervision activities; 3) maximum digitalization of state control (supervision); 4) rational combination of state control (supervision) with elements of public control; 5) systematic interaction of Russian companies constructing energy facilities abroad with the bodies exercising state control (supervision) in the relevant countries; 6) the development of a new system of state control (supervision) in Russia. A number of proposals have been formulated, in particular: 1) to consider the issue of rational relaxation of control and supervisory measures in respect of companies that have experience of successfully completed projects and realize effectively progressing projects for the construction of energy facilities; 2) to ensure reasonable transparency of Russian projects for the construction of energy facilities on the territories of foreign countries for subjects of public control provided by the legislation of these countries; 3) to consider the issue of developing, within the framework of interdepartmental cooperation with the participation of the Ministry of Energy of the Russian Federation, the Ministry of Construction of the Russian Federation, Rostechnadzor, Rosatom State Corporation, and other interested bodies and organizations, Methodological recommendations on topical issues of organizing control and supervisory activities in the field of design, construction, modernization and maintenance of energy facilities abroad by Russian companies.

FAMILY LAW

203-209 172
Abstract

The article is devoted to the study of the issues of responsibility of spouses for the harm caused by their minor children. In the course of the study, the normative legal regulation of the responsibility of spouses for harm caused by their minor children was analyzed, the grounds for such responsibility were identified and individual problems arising from the application of existing norms were considered. The purpose of this work is a comprehensive study of issues arising in practice in the application of civil and family legislation on the responsibility of parents (spouses) for harm caused by minors. The methodology of the work includes the use of general scientific methods such as analysis, synthesis, as well as special methods of legal science, such as formal legal and comparative legal. As a result of the analysis of the current legislation, the author revealed the imperfections of the legislative regulation of the liability of spouses for harm caused by their minor children, namely, the discrepancy of the conceptual apparatus used in the construction of the institution of parental responsibility for harm caused by minors in civil and family legislation. In addition, various approaches of the courts in determining the type of parental responsibility have been identified. Based on the results of the work, the author has developed the approach to improving legislation, which is expressed in the need to bring the provisions of family law into line with the provisions of civil law, and to exclude certain provisions concerning parental responsibility in the area under consideration.



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ISSN 2411-118X (Print)