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Theoretical and Applied Law

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No 4 (2022)
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ARTICLES

7-13 577
Abstract

The article is devoted to the history of the study of the principles of civil law. It is discovered the various periods of the development of Russian legislation. The author classifies studies of the in the pre-revolutionary, Soviet and post-Soviet periods. The author concludes that the digitalization of society has changed the approaches to various traditional institutions and has also posed new challenges to the principles of civil law. The solution of these issues should be based, among other things, on the traditional approaches of domestic civil law.

14-18 206
Abstract

The issues of determining the legal structure of legal institutions have always been acute in the doctrine. The article deals with the theoretical concepts of the contract for the carriage of goods by sea at the beginning of the 20th century. It is noted that all the studied positions of scientists have a certain value and significance. According to the author, despite the fact that the main provisions of the contract in question were reflected precisely in the civil legislation of that period, it represented an independent, unique, complex type of sui generis contract. The paper shows the importance of theoretical study of the contract for the carriage of goods by sea in a historical context and its influence on the evolution of domestic legislation.

19-24 109
Abstract

The article is dedicated to analysis of the existing legal consolidation of investment right of individuals protection measures in shared construction. The author notes following disadvantages of the legal consolidation in escrow invoicing: the lack of indexing of investors’ money in the account; the lack of partial disclosure with the purpose of avoiding bankruptcy. The article shows the necessity of legal confirmation of investor control over the developer’s activities during the investment project implementation and proposes measures to enhance the protective mechanisms and investment risks reduction aimed at stimulating the citizens’ investment in construction.

25-33 321
Abstract

 The article is devoted to the study of the activities of a specialized subject for the prevention of delinquent behavior of minors in the system of internal affairs bodies, today called the juvenile department. The historical aspect of the creation and reformation of this subject, the problems of activity at the present stage are analyzed. On the basis of the study, an assumption is made about the illegality of certain powers of this unit, as well as about the unreasonable expansion of functions and powers at the present time, which affects the quality of preventive activities. 

34-38 265
Abstract

The author qualifies the giving of an immovable thing as a type of disposition transactions and the author contrasts the giving and the basic obligatory contract. The article analyzes the factual composition of the giving-contract, concludes about the abstract nature of this contract. 

39-44 174
Abstract

 The article analyzes the issues of introducing the institution of environmental compliance by business entities as a necessary and important process in the development of green entrepreneurship.
As a problem, the author highlights the lack of a system of legal incentives for enterprises that rationally use natural resources in their economic activities (environmental entrepreneurship).
Turning to the issue of legal regulation of environmental compliance, the author paid attention to the legal nature of this institution, identified possible legislative measures to stimulate enterprises that develop,  implement and operate environmental compliance.
Considering the issue of legal regulation of environmental compliance, special attention is paid to the introduction of this institution within the framework of the reform of control and supervisory activities, the process of its development in terms of shifting the focus from supervisory measures to preventive measures. 

45-53 189
Abstract

The purpose of the work was to consider in the article certain features of ensuring biological safety in the Russian Federation, legal novelties in this area, general trends, analysis of possible identified problems. With the help of general philosophical methods, as well as with the help of the formal legal method, the ethical aspect of ensuring biological safety in the context of countering the COVID-19 pandemic was investigated. The general characteristics of bioethics and its principles are given, individual political decisions and regulations are analyzed in the context of these principles. According to the results of the study, it is concluded that there are problems in compliance with the principles of bioethics during the period of countering COVID-19, these problems are listed and commented on.

54-60 126
Abstract

The relevance of the topic stems from the need for legal support for the development of science as a generally recognized tool for the further progress of society. The Charter of the Russian Academy of Sciences is considered as the main document that fixes the legal status of the Academy of Sciences in the current legislation. The charter solves the problem of a comprehensive and systematic consolidation of the legal status of the Academy of Sciences, holistically covers and regulates in interconnection all, without exception, the most important issues of the organization and activities of the Russian Academy of Sciences. The article gives a general description of the Charter, shows the charter goals and objectives, organizational structure and functions of the Russian Academy of Sciences. An analysis of some problematic issues of the Charter of the Russian Academy of Sciences has been carried out. It is concluded that in the Soviet period of the history of the Russian Academy of Sciences, ambiguous events took place that had an impact on the subsequent development of fundamental science in the context of the country’s transition to market relations. An attempt is made to predict the further course of possible events in the legal regulation of fundamental science, the status of the Russian Academy of Sciences. The article is dedicated to the 300th anniversary of the Russian Academy of Sciences.

61-67 451
Abstract

This article analyzes the actual problems of inheritance by will in Russia and abroad. The problems of interpretation of the provisions of the legislation of the Russian Federation on inheritance are presented, the practical problems most often encountered in judicial practice are reflected. The development of legislation in the field of inheritance is analyzed. On the basis of the study, the authors propose measures aimed at improving the institution of  inheritance by will.

68-74 252
Abstract

The article provides an overview of the decisions made by the courts of general jurisdiction in individual labor disputes involving professional athletes in the period from August 01, 2020 to October 15, 2022. The author analyzes the judicial practice for the specified period, comparing it with similar statistics for the time period from January 2016 to October 2020. An attempt was made to answer the question of why, due to the arbitrability of individual labor disputes of athletes that became possible in August 2020, the number of such disputes resolved in state courts decreased slightly.

ESSAYS

75-79 178
Abstract

The article is devoted to the consideration of the significance of forensic inquiry used in insolvency (bankruptcy) cases. In particular, the financial and economic expertise is considered. The significance and tasks of financial and economic expertise are determined. The law enforcement practice in the appointment of financial and economic expertise is considered. The issue of not improving existing methods for conducting financial and economic expertise is considered.

80-81 217
Abstract

 The article examines the essence of the principle of justice in Russian criminal law, its reflection in the norms of the criminal legislation of Russia, as well as the influence of this principle in sentencing. 

82-87 211
Abstract

The article considers the principle of equality of all before the court. Based on the relationship between the possibilities for ensuring procedural equality in the courts of first and appellate instances, the subsequent assessment of the legality of a judicial act in the courts of cassation and at the stage of supervisory proceedings, the authors came to the conclusion that the existing means of ensuring equality through economic instruments does not fully correspond to the goals of legal proceedings. In this regard, procedural equality between economically strong subjects, economically self-sufficient subjects and other participants in legal proceedings should be ensured by granting a different scope of procedural rights to persons in a worse economic situation relative to the opposite side.

REVIEWS

90-96 150
Abstract

 The essay is devoted to the analysis of the works of Professor Yu. Ya. Baskin and the substantiation of the great contribution he made to the development of domestic legal science. 

97-108 151
Abstract

This article provides an overview of the Fourth Baskin Readings conference organized by the North-Western Institute of Management of the RANEPA. The conference was devoted to the problem of justice in law. The participants considered the problems of determining the content of the concept of  justice, its criteria, the problems of justice in various branches of law and science, and also suggested options for formulating such criteria in relation to different situations. 



ISSN 3034-2813 (Online)