THEORY AND HISTORY OF LAW ENFORCEMENT
A comprehensive general theoretical analysis of legal anomie in the legal system of modern Russian society is carried out. It is said that the theory of state and law currently lacks even the foundations of a holistic concept of legal anomie, but it is precisely this that acts as one of the causes of corruption, terrorism, extremism, legal irresponsibility, a high level of delinquency, massive non-compliance with prohibitions, distancing a significant number of citizens from state power and its rejection. The authors note that anomie to one degree or another always exists. At the same time, the state of social anomie inevitably increases when significant changes occur that affect the social structure and norms. Anomie is an interdisciplinary category that requires appropriate approaches to itself. Social anomie is based on the general interdisciplinary concept of "social deviations", which is studied by a variety of sciences: philosophy, sociology, psychology and many others. A brief description of the theoretical and methodological foundations of the study of social deviations, social anomie and its specific variety - legal anomie is given. For the most complete analysis of legal anomie, it is proposed to use not only systemic (within the category "legal system"), but also comprehensive (within the category "social and legal life") approaches, as well as a number of other methods (in particular, historical, structural and functional and statistical). Legal anomie manifests itself in the form of a decline in the value of law and order, a discrepancy between the goals of society and the means to achieve them offered by the state, the lack of trust between society and public authorities, sustainable legal nihilism. And if in sociology (and some other sciences) there are different directions and concepts for understanding anomie, then in the theory of state and law, a system of scientific knowledge about legal anomie has not yet been formed. Legal anomie in the legal system should be considered comprehensively, in development and comparison, revealing the contradictions and mutual conditionality of its various characteristics, possible pairing, as well as the positive and negative aspects of the existing contradictions between legal anomie and individual elements of the legal system of society. Due to the fact that legal anomie in modern society (following the social and legal life) develops and becomes more complicated, it is concluded that it is necessary to further study it, which will provide: firstly, its more complete knowledge and prediction of consequences, and secondly, the development of effective preventive measures, and, thirdly, the strengthening of counteraction to it.
The problem of implementing the idea of a social state is considered from the point of view of state-legal monism and pluralism at the level of humanity, that is the possibility of the emergence of a universally recognized model of such a state or the inevitability of the coexistence of various such models due to national, economic, cultural factors operating in specific countries.
Attention is drawn to the fact that such a problem is also relevant in relation to the ideas of a democratic and rule-of-law state. In general, the coincidence of formal characteristics of states reflected in modern constitutions is accompanied by statements about the absence of unified concepts of democracy and human rights. To an even greater extent, this is characteristic of the search for a solution to the so-called social issue. The theses underlying the concept of the welfare state by L. von Stein are presented. In particular, it is indicated that, in his opinion, the simple development of the social security system of the poor class is not enough to solve the “social issue”. The further development of the idea of a social state is shown, discussions are touched upon regarding the understanding of its essence and the problems that were revealed during the social reforms carried out by socio-democratic and liberal forces in capitalist states at the end of the 19th and 20th century.
The main approaches to the constitutionalization of the social state are revealed (the “simple” proclamation of “social” statehood in the constitution; the clear formation of the goals and objectives of such a state; the absence of an indication of the social nature of the state). The classifications of the welfare state carried out by G. Esping-Andersen, as well as modern researchers of Russia and neighboring countries are analyzed. It is established that the very existence of a “social issue” and the importance of one or another of its solutions are gradually becoming generally recognized. Despite this, the fixation of the social character of the state has not yet received the same universal distribution as, for example, theses about the democratic and legal nature of the state. Both the implementation of the idea of a welfare state where it is legally recognized, and its declared “projects” are very diverse, while the typology of the welfare state is subject to further study. The social model, the framework of which determines the position of the state in relation to society, is, on the one hand, the result of the evolution of a complex of factors specific to each country, and on the other, the result of a conscious choice. Different models of the welfare state are characterized by different degrees of realization of the interests of different social classes, a different relationship between the beginnings of society and the state. Accordingly, these models are “attractive” to representatives of the haves and have-nots to varying degrees, they compete with each other at the international level. It is concluded that the idea of a social state can be reduced to a certain unity, whereas the ways of its implementation are inevitably multiple.
Public legal relations, especially those related to finance, are a developing and complex group of public relations with a long history. All over the world, there is a continuous process of modernization of legislation, the establishment of new rights and obligations of participants in public relations, the formation or abolition of prohibitions, restrictions, permits. Legal regulation mechanisms are also being improved in the world. Society has always had a need for a stable existence, a harmonious and happy life, which the state should provide. Without understanding the clear boundaries of the rights and duties of each individual, associations of citizens and the state as a whole, it is impossible to build a balance between private and public interests. The purpose of the research is a historical, philosophical, political and legal analysis of the category of "legal limit" in public law. Despite the large amount of fundamental research in science, there is no formed concept of the legal limit in public law in general, and in financial law in particular. In the course of the research, the author uses a different methodology. In particular, the historical method allowed us to establish the specifics of the development of limits and limitations as various states develop. The comparative method served as the basis for the analysis of paired or opposed categories: limit and limitation, justice and injustice, certainty and uncertainty, permissibility and prohibition, etc.
Special attention is paid to the theory of public and private law, the aspects of the balance of private and public interests, as well as the boundaries defining these interests, are investigated. The article pays attention to legal principles and legal regimes. In the historical context, the correlation of the limits of the rights of the state and society in relation to each other is analyzed. The issue of legal limitsin certain types of financial relations comes to the fore. The conclusion is formulated about the instability of legal limits in public law and the role of political ideologies that change the legal traditions of society. The need of society for stability and confidence in its state, guarantees of legality and clear legal boundaries, objectively built on a fair basis, issubstantiated.
The author also concludes that the limit in public law is a unique entity and can be considered as an independent stable category, and can act as a unique and universal tool, helping to reveal the meanings of other legal categories. The article emphasizes that oppositions form an important basis for understanding the essence of legal limits.
There has always been and continues to be a need in society to eliminate injustice, and the uncertain legal limits only reinforce it. That is why certainty is an important component of legislation. Speaking, for example, about the principle of certainty of taxation existing in tax law, one should agree with the words of A. Smith, who emphasized in his writings that uncertainty of taxation is a greater evil than unevenness.
Thus, in conditions of large-scale economic and political challenges, clear boundaries of a public-legal and private-legal nature should be built for the harmonization of public life.
THE LAW ENFORCEMENT BY PUBLIC AUTHORITIES
The subject of the study is the concept of developing a mechanism for the reputational responsibility of organizations endowed with the rights provided for in paragraph 3.1 of Article 4 of the Federal Law from August 23, 1996 No. 127-FZ "On Science and State Scientific and Technical Policy".
The purpose of the article is to propose specific tools for the implementation of the mechanism of reputational responsibility of organizations with the right to independently award academic degrees. The article examines the method of self-examination of the certification model of the organization, indicators of its effectiveness, and also provides proposals for the development of indicators for monitoring the activities of dissertation councils of organizations with the right to independently award academic degrees.
The use of general logical research methods, including analysis and synthesis, the formal legal and comparative legal methods, allowed the authors to come to the following conclusions: (1) for the effective conduct of self-examination in each organization, it is advisable to adopt local regulations that approve the regulation on the procedure for conducting selfexamination and the report on the conduct of self-examination; (2) the list of information and data given in the article to be assessed during self-examination is exemplary, and can be expanded taking into account the characteristics of a scientific or educational organization; (3) organizations can be recommended to distribute digests about the dissertations defended, their real contribution to the development of science to leading educational and scientific organizations, and post them in free access on the official website of the organization. They may also contain information about self-examination and monitoring of dissertation councils, scientific attestation processes, other information that contributes to the formation of a stable positive image of the organization, the scientific community's trust in its certification model. It is substantiated that, within the framework of the new model of scientific attestation, the development of the institution of reputational responsibility of organizations with the right to independently award scientific degrees is the key to ensuring the quality of reproducible scientific personnel.
The subject of this study is a scientific understanding of the formation and development of the supreme state authorities of the People's Republics of Donbass (DPR, LPR) as unrecognized states from the time of their self-declaration in 2014 to their admission to the Russian Federation in 2022.
The purpose of the study is to identify the main features, stages of formation and development of institutions of supreme state power (the head of state, parliament, government and courts) in the republics of Donbass in the period from 2014 to 2022.
The methodological basis of the research was a wide range of general and special methods of scientific cognition. Dialectical, analysis and synthesis, induction and deduction were used as general scientific methods. Comparative-legal, system-structural and formal-legal methods were used as special methods. General scientific methods, especially dialectical ones, allowed us to study the factors and the process of evolution of the constitutional status of the supreme state authorities of the DPR and LPR in the conditions of military confrontation with the mother state and political rapprochement with Russia. Using the comparative legal method, a comparative analysis of the status of the highest state authorities of the DPR, LPR and the Russian Federation was carried out. The system-structural method was used in the study of intra-system changes in the constitutional status of the studied authorities. With the help of the formal legal method, a study of normative legal sources was conducted, which made it possible to form the logic of the presentation of the material and the conceptual apparatus of the declared topic.
The procedure for the formation and activities of the state authorities of the DPR and LPR are regulated by an array of legal acts, the norms of which reflect both the identity of the power institutions of the republics of Donbass and the tendency to the reception of constitutional and legal institutions existing in Russia. This allows us to state with confidence the presence of a number of features in the process of evolution of the highest state authorities of the republics of Donbass, which reflect the focus on integration with a more developed state system of Russia, the formation in a short historical time, the proximity of the mechanism of organization and content of the competence of the highest state authorities of the two republics, caused, including their formation in the conditions of the special the legal regime of martial law.
The results of the study can be useful at the present stage of integration of new subjects of the Russian Federation into the legal system of the Russian Federation and into the system of its state authorities.
The conclusion is reasoned that the transformation of the institutions of the supreme power of the republics of Donbass has passed two stages and is currently in the third. The first stage is characterized by the formation of its own republican system of supreme state authorities (2014-2018). The second stage is characterized by further improvement and transformation of the status of the supreme state authorities of the republics against the background of increased Russian legal influence (November 2018-2022). The third stage is explained by the adoption of the DPR and the LPR into our state in September 2022 and the beginning of systematic work to change legislation regarding the creation of higher state authorities of new subjects of Russia.
Within the framework of this study, theoretical approaches to understanding public power in the context of various areas of scientific knowledge are analyzed. In the course of this work, attention is drawn to the constitutional approach, according to which the unified system of public power in the Russian Federation includes two independent, but interacting levels: state and municipal. In this regard, it is noted that the federal legislation adopted in the development of constitutional provisions significantly expands this approach and actually establishes a three-level system of public power. As a consequence, the problem of substantiating the existence of a unified system of public power in the subjects of the Russian Federation is being actualized. Using the system-logical method of research, the provisions of Federal Law No. 414-FZ of December 21, 2021 "On the general principles of the organization of public power in the Subjects of the Russian Federation", which normatively establish the category of a unified system of public power in the subject of the Russian Federation, are analyzed in the work. Certain provisions of the said federal law are not fully consistent with each other and with other federal legislation, including with regard to the constitutional and legal understanding of the unified system of public power. At the same time, attention is drawn to the fact that the territorial principle cannot underlie the allocation of an independent regional level of public power, since the derivation of public power from the understanding of "state" and "statehood", on the basis of equality of the subjects of the Russian Federation as a constitutional principle, makes it impossible to have a different ratio of intra-system connections in the systems of public power in the subjects of the Russian Federation. The formal legal approach made it possible to trace the dynamics of changes in the constitutional (statutory) legislation of the subjects of the Russian Federation, depending on the understanding of the place of state authorities of the subjects of the Russian Federation in the unified system of public power. Various normative variations of the constitutional (statutory) legislation of the subjects of the Russian Federation, aimed at bringing it into line with the same constitutional text, indicates the absence of an unambiguous and uniform understanding of the place of the system of state authorities of the subjects of the Russian Federation in the unified system of public power in the country. Thus, it is noted that the development of a uniform approach based on the positions of the Constitutional Court of the Russian Federation, which are mandatory for all subjects of legislative activity, to the content of the category "unified system of public power in the Russian Federation" is fully capable of ensuring the goal of its formation stated in Part 3 of Article 132 of the Constitution of the Russian Federation in compliance with all constitutional principles and norms. In this regard, within the framework of the unified system of public power in Russia, we should not talk about independent unified systems of public power in the subjects of the Russian Federation, but should focus on the formation of a unified system of public power throughout the territory of our state.
The subject of the study is the norms of administrative legislation regulating the territorial features of public administration in Russia. The chosen topic receives a certain update against the background of the formation of the definition of "system of public authority", which is not fully covered at the doctrinal level. The purpose of the study is to assess the current state of legal regulation of the activities of territorial bodies of federal executive bodies. In the context of the functioning of the power vertical, there is a need to unify their administrative and legal status, since the unity of the public authority system is the achieved result of the constitutional reform of 2020. Methodology and research methods. As the basis of the research methodology, the author chose the formal legal method, based on the established principles of dialectical cognition. With its help, the non-transparency of the organization of territorial bodies exercising the fullness of state administration in the subjects of the federation was revealed. The main scientific results of the study are built around the hypothesis of excessive institutionalization of the territorial and central divisions of the executive authorities with the priority of subordinate legal regulation. It has been proved that in this case, both the efficiency of public administration and the trust in public law institutions on the part of civil society may decrease.
Conclusions. Based on the legal nature of the territorial bodies of the federal executive authorities, it can be concluded that they are in hierarchical subordination, but at the same time they are endowed with the full implementation of the powers attributed by law to their jurisdiction. In the absence of a single normative act that would detail the constitutional foundations for the exercise of public authority, most of them are established in the manner prescribed by the normative act issued by the entity that manages the activities of the relevant federal executive authority. This practice has hidden defects that reduce the effectiveness of public administration. The best way to create a transparent mechanism of public administration is to abandon the practice of legal regulation of the administrative and legal status of the territorial bodies of federal executive authorities by by-laws. By-laws may have a certain potential in terms of the distribution of powers within the structure of the territorial body of the federal executive authority, however, “status” norms should be present in the provisions of a separate federal law regulating the procedure for the establishment, transformation and liquidation of the territorial bodies of the federal executive authority.
A legal experiment refers to approbation of legislative novelties on a limited scale and covering a limited number of people aiming at assessing effectiveness and usefulness of novelties in order to determine optimal options for future commonly applicable law-making decisions. During the Soviet period, legal experiments were conducted in a systematic manner. The scientific concept of the experiment was in place, including the methodology of conducting the experiment, goal setting, principles of the experimental legal regime, its stages, and results’ evaluation. Today, legal experiments are not regulated. The criteria and principles for conducting legal experiments are formulated mostly for the scientific field. Nevertheless, there are some emerging legal forms where definitions and procedures for conducting experiments are being legally codified. This may be a sign of the emergence of a new direction in the development of the administrative laws. Experiments are conducted in various areas of legal relations, such as economics and finance, culture, environmental and social spheres, digitalization, ets. A recent example of a legal experiment in the environmental sphere is the Law on conducting an experiment on limiting greenhouse gas emissions in some regions of Russia, which was adopted in 2022. The experiment will continue until 2028. It involves introduction of a pilot cap and trade system. Sakhalin region has been chosen for its piloting. Cap and trade system is being introduced for key regional emitters – regional regulated organizations (RRO) in an attempt to achieve carbon neutrality of the Sakhalin Region by 2025. The analysis of the pilot regulatory framework for the Sakhalin experiment has led to the following conclusions:
– the experiment is based on a combination of administrative and civil law norms;
– generally speaking, the pilot regulatory framework in the Sakhalin Region meets the main criteria for conducting the experiment. However, lack of a clear system for evaluating its results and uncertainty regarding its further application in the country are significant drawbacks;
– the use of quotas as one of the administrative and legal methods of regulation is being tested. A comprehensive experiment could involve testing other methods in order to identify the most effective approach for greenhouse gas emissions’ reduction. The option of paying a fixed amount (1000 rubles) for exceeding the quota represents a quasi-tax, which can be seen as a separate regulatory method;
– the state support measures are a counterweight of the additional financial burden put on the RRO and should be specified is dedicated normative acts. Substantial support measures may potentially allow for replacement of a special coefficient that reflects the amount of the tax payed by RRO used in the quota calculation methodology and thus help to ensure harmonization with foreign analogues.
16. Balandina A.S. Analysis of theoretical aspects of tax benefits and tax preferences. Vestnik Tomskogo gosudarstvenogo universiteta = Tomsk State University Journal, 2011, no. 4 (16), pp. 105–110. (In Russ.). 17. Danilova V.V. Tax preferences: the concept, types, goals and procedures for obtaining. Oplata truda: bukhgalterskii uchet i nalogooblozhenie, 2022, no. 4, pp. 19–26. (In Russ.). 18. Wells D.A. The Theory and Practice of Taxation. New York, D. Appleton and Company Publ., 1900. 666 p. 19. Chua A.T. Precedent and Principles of WTO Panel Jurisprudence. Berkeley Journal of International Law, 1998, vol. 16, iss. 2, pp. 171–196. 20. Belousov A.L. Preferential regimes for conduct of business: regulation problems and law improvement areas. Khozyaistvo i pravo = Economy and Law, 2022, no. 10, pp. 30–41. (In Russ.). 21. Belousov A.L. Legal aspects of formation and development of special investment contracts in the Russian Federation. Legal Bulletin, 2022, vol. 7, no. 4, pp. 9–16. (In Russ).The subject. The preferential tax regime provided to the participants of special investment contracts has been functioning in the Russian legal system for about 8 years. Despite the systematic "fine-tuning" of its legal regulation, taxpayers still face the legislative gaps and contradictions of separate normative provisions entailing tax risks. It seems appropriate to put forward the hypothesis that the existing tax treatment of the participants of special investment contracts is not devoid of these drawbacks, especially in terms of regional regulation, and could be improved. Purpose of the study. The article represents an attempt to verify the aforementioned hypothesis and deals with selected provisions of the Russian legislation regulating preferential tax regime for participants of special investment contracts, which in addition to the Russian Tax Code includes the Federal Law "On Industrial Policy in the Russian Federation", regional and municipal normative legal acts. Methodology. The methodological basis of this study are general scientific methods (analysis and synthesis, induction and deduction), private scientific methods (interpretation of legal acts), as well as content analysis, study of reports and analytical references of governmental organizations. The main results. The study revealed that the Russian legislation, mainly regional and municipal, is not fully developed. As a consequence, the preferential tax regime for the participants of special investment contracts cannot efficiently function on the entire Russian territory. Also, the regulatory framework adopted at the federal level uses incorrect terminological apparatus in terms of defining tax support measures available to participants of special investment contracts, which entails tax risks for them. Conclusions. The revealed drawbacks of the preferential tax regime for participants of special investment contracts can be leveled by means of point-by-point amendments to the federal legislation. To this end, the authors of the present study propose specific steps to overcome these drawbacks.
Subject of research. The article is dedicated to the “tax treaty override”; it outlines debatable aspects, associated herewith. “Tax treaty override” is an action (in certain cases - omission of action) to expand taxation beyond (jurisdictional boundaries), defined in double taxation agreements which is implemented mainly through the intentional alteration of national legis-lation. The correlation between national and international legal norms has major impact upon the agreements on double taxation of income taking into account that many states including Russia are participants to the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting 2016, which modifies rules of the men-tioned agreements and therefore begets a large number of possible collisions.
Goal of the article. The goal of the article is to demonstrate that even if constitutional pro-visions don’t prevent the adoption of legislation on taxes and charges in contradiction with international obligations – that doesn’t imply that the latter lack legal significance. The goal also includes revealing specific features of double taxation agreements one of which is deep integration with domestic tax legislation that doesn’t stand still, but is evolving constantly. Methods of research. The preparation phase included the following research methods: formallogical analysis, system-based analysis, description, juxtaposition, synthesis and summarizing.
Basic outcomes. The author draws a conclusion that the alteration (expansion) of tax jurisdiction which impacts i.a. the contents of tax residents’ rights of one or both treaty countries (party countries, treaty states) is actually the essence of tax treaty override. The main objectives of regulatory impact are jurisdictional capabilities (distributive rules) of states and tax reliefs for residents (individuals for the tax agreements). The phenomenon under consideration represents an artificially generated collision between the provisions of tax treaties and more recent norms of domestic legislation of one of the countries subject to a tax agreement, while the mentioned issue should be resolved in favor of domestic regulations. The main goals of regulatory impact include: jurisdictional capabilities of states (dis-tributive rules) and tax reliefs or benefits for residents (individuals for the tax agreements). Tax treaty override emerges when a provision of a law prevails and cannot be overridden by the means of tax agreements, including the test of correspondence between a national legal definition and the agreement context. At the same time legal changes that have prevailing power may correspond with international law (reasonable protection of national tax base) since the treaty states seek to eliminate double taxation without creating possibility of taxation freedom or reduction of taxation through tax avoidance and tax evasion.
The present article deals with the study of the principles of legal zoning through their disclosure in judicial practice. The topic is underdeveloped. The purpose of the study is to identify the role of judicial practice in the legal regulation of urban zoning, as well as the impact on law enforcement and lawmaking activities in this area. The authors propose to use a classification of principles of legal zoning by level of their action (general legal principles, principles of sectoral legislation and special principles) and revealing their content through the analysis of judicial practice materials. In addition to general scientific methods, the comparative legal, formal legal and interpretation methods made it possible to achieve better results. The analysis was conducted with respect to judicial acts adopted by the Supreme Court of the Russian Federation, as well as judicial acts of courts of general jurisdiction and arbitration courts of cassation and appeal instances. More than 150 judicial acts in several catego-ries were examined in total:
– Challenging general plan and land use rules as a legal act;
– Challenging the refusal to grant permission for permitted use or challenging the granted permission for permitted use;
– Challenging the refusal to grant permission to deviate from the maximum parameters of permitted construction, reconstruction of the object of construction or challenging the permission to deviate from the maximum parameters of permitted construction.
According to the results of the study it is possible to identify several ways of working with the principles of legal zoning:
– direct quotation and application, if it is a principle of sectoral legislation, which is enshrined, for example, in the Urban Planning Code of the Russian Federation;
– disclosure of content without precise formulation, for example, the principle of protection of previously arisen rights of right holders of land plots when changing legal zoning, which is not directly mentioned in judicial acts, but is disclosed through references to current legislation;
– the formation of new principles not enshrined in the current legal acts, such as the principle of primacy of the master plan or the principle of belonging of a land plot only to one territorial zone. Approaches and legal provisions, broadcasted by judicial practice, are reflected in the law enforcement and law-making activities of local self-government bodies. The authors draw attention to the fact that local self-governing bodies assess and take into account the emerging judicial practice in different ways. This fact is confirmed by the current editions of the rules of land use and development in different Russian cities.
THE LAW ENFORCEMENT BY THE JUDGES
Subject of the research. The article deals with the problems of access to court and violation of the adversarial principle in case of unreasonable decision by the court to leave the claim without movement. The purpose of the research: to determine the nature of possible violations of the principles of access to justice and competitiveness at the time of filing a claim and to identify a way to eliminate violations. Research methods: formal-legal method, anal-ysis, synthesis, formal-logical method.
The main results. The procedural and legal consequences of noncompliance with the requirements for a statement of claim is the issuance by the court of a decision to leave the statement without movement, in which it indicates the grounds for this procedural action and the period during which the plaintiff must eliminate the circumstances that served as the basis for leaving the statement of claim statements without movement (part 1 of article 136 of the Civil Рrocedure Code of the Russian Federation). The problem is that an appeal against this ruling is not provided. In cases where the shortcoming of the submitted application is the absence of evidence in the annex to it, which is impossible for the applicant to obtain, the applicant will not be able to comply with the court order or appeal against the ruling issued by the court. In fact, the applicant is deprived of access to the court. In this situation, the plaintiff cannot count on any court assistance in obtaining (reclaiming) the necessary evidence: the court provides assistance in collecting evidence only at the stage of preparing the case for trial, i.e. after the case has been opened. The Constitutional Court of the Russian Federation did not see any problems in this situation, because it is impossible to independently appeal the ruling of a court of general jurisdiction on leaving the statement of claim without movement, however, failure to comply with the requirements specified in it is the basis for issuing a ruling on the return of the statement of claim, against which a private complaint can be filed. The paradoxical nature of such a statement that leaving the statement of claim without movement does not prevent the further movement of the case. In our opinion, the problem under discussion would be solved much easier if Article 136 of the Civil Рrocedure Code of the Russian Federation had provided for the obligation of the court to accept the statement of claim, that is, to initiate a civil case after the deadline set by the court for the presentation of evidence, provided that the applicant justifies the impossibility of obtaining requested documents for reasons beyond his control. Then it would be possible for him to receive the assistance provided by law from the side of the court. Otherwise, the person may lose access to the court. Conclusions. The court has the right to point out the shortcomings of the statement of claim, which is carried out by issuing a ruling on leaving the statement of claim without movement, indicating the deadlines for execution. If the plaintiff fails to submit the requested evidence within the time limit set by the court, the court returns the claim to the plaintiff. In this moment the balance in the implementation of the principles of competitiveness and judicial activity is violated. Therefore, it is proposed in this situation to accept the statement of claim after the expiration of the period appointed by the court for the provision of evidence, and to assist the plaintiff in obtaining it.
The subject of the study within the framework of this article are the norms of civil procedural law and arbitration procedural law concerning the issuance of judicial acts in connection with a change in factual circumstances relevant to the case. The purpose of the study is to identify and classify cases in which the current legislation and law enforcement practice allow the issuance of a new judicial act in connection with a change in the actual circumstances of the case. At the same time, the purpose of the study is related to the confirmation of the hypothesis about the diversity of the bases of such a classification.
Within the framework of this study, the functional method, the system-structural method, the formal-legal method and the hermeneutic method were used. The use of these methods is due to the need to analyze a large volume of legal norms and judicial practice on the subject of the study. The article analyzes the legal mechanisms, the application of which is associated with the issuance of judicial acts in the framework of civil and arbitration proceedings based on changes in the factual circumstances of the case. The following mechanisms are identified as these mechanisms: the possibility of filing a claim with a new basis, revision of judicial acts under new circumstances, changing the method and procedure for the execution of a court decision, postponement and installment of the execution of a court decision, indexation of the amounts awarded.
Cases of application of these mechanisms are classified according to the procedural order of consideration by the court of changes in circumstances and its consolidation in judicial acts, while the following types are distinguished: cases related to the consolidation of circumstances by making a new court decision on a claim with a new basis; cases related to the consolidation of circumstances by making a court ruling in connection with the emergence of new circumstances; cases related to the consolidation of circumstances by issuing a court ruling in connection with a change in the method and procedure for the execution of a court decision, postponement and installment of the execution of a court decision, indexation of the amounts awarded. Cases of the use of these mechanisms are also classified by the type of judicial act fixing such changes, while the following types are distinguished: cases related to the consolidation of circumstances by issuing a court decision; cases related to the consolidation of circumstances by issuing a court ruling.
The author concludes that the use of the term "new circumstances" is incorrect in relation to certain grounds for reviewing judicial acts, in connection with which it is proposed to amend the norms of procedural legislation. In relation to these cases, it is proposed to use not the term "new circumstances", but the term "change in the content of legal norms or their interpretation that is relevant to the case".
Based on the above, the purpose of the study has been fully achieved.
THE LAW ENFORCEMENT IN PRIVATE LAW
The subject. Proclaiming the ideas of partnership and solidarity, the state designates a completely new development focused on socio-economic relations in Russia, involving new principles of interaction between society, business and the state. The revision of the status of subjects of social partnership will be aimed at further development of the system of guarantees of human and civil rights and freedoms. Purpose of the study. The purpose of this work is a comprehensive analysis of the trade union as a subject of social partnership based on the study, analysis and generalization of the scientific base, current legislation and practice of its application. Effective protection of the rights and legitimate interests of employees is possible only if there is an effective mechanism of implementation of trade union control over their compliance. Therefore, it seems that in the near future the share of public control over compliance with labor legislation and labor protection should increase. Methodology. In the process of achieving the goal and solving the tasks set, the general scientific dialectical methods of cognition, as well as logical, historical, comparative legal and formal legal methods were used. Structural and systemic methods are also the basis of the study. The conclusions of the work are based on dialectical unity and the struggle of opposites. The main results. In the process of scientific research, it can be concluded that a society should be able to exercise public control over the observance of human rights in this society. During the reforms, trade unions lost the right to legislative initiative at the federal level, the rights to state supervision of compliance with labor legislation and the state of labor protection, and consideration of individual labor disputes. At the same time, trade unions have re-ceived a number of new rights, for example, to participate in the resolution of collective labor disputes, in collective bargaining, to conclude social partnership agreements, etc.
Despite the declared principle of independence of trade unions from the state, as a result, it is impossible to create and legalize the legal status of the trade union movement without a state regulator. Therefore, the independence of any legal entity is, in principle, relative. Nevertheless, associations of employees are provided with a sufficient amount of corporate independence, which actually ensures their national and individual characteristics. Conclusions. Trade unions are an important element of civil society. Without increasing their role, it is impossible to achieve harmony in social and labor relations. In this regard, the question of the new status of trade unions in Russia should be raised. This conclusion is justified by the fact that free and independent trade unions are the guarantors of social justice and security. Consequently, the use of the market mechanism by the population depends on whether it is possible to regulate the labor market within the framework of law and policy. Moreover, the labor market improves the status of employees in relation to employers only with strong trade unions.
Introduction. Thе Russian Federation and the USA, being parties to the 1967 Outer Space Treaty, in their national legal acts refer to this source. Each of these states recognizes that the 1967 Outer Space regime is to be perfected, while having different legal outer space policy. The USA is a leader of the military outer space infrastructure and of creation national outer space legislation and separate international agreements (“The Artemis Accords”), thus imposing its own track to develop the 1967 Treaty.
Materials and methods. This research addresses relevant international documents on international space law as well as acts of national legislation pertaining to the topic. Research results. In modern political conditions the quality of a state defense and its economic development is linked to the efficiency of the outer space infrastructure, including communication and reconnaissance satellites. While the U.S. intends to achieve military supremacy in the outer space, the 1967 Treaty seems to be a barrier to such intention although the U.S. provides its own interpretation of the Treaty. Another significant area of competition between Russia and USA in the outer space legal policy is the observance of the natural resources treaty provisions. According to the USA, a state is entitled unilaterally exploit the space resources, and its persons are entitled to commercial use of such resources based on national law. This position of the United States resulted in creation of its national legislation opportunities for natural resources activities in outer space. The Russian Federation continues to defend multilateral approach to the exploitation of space resources and to call upon strictly observance of the 1967 Outer Space Treaty. There are also competitive legal positions of the USA and Russia relating to the notion of “common province of mankind” provided by the 1967 Treaty.
The main results. In this context, the paper after providing prolegomena to the competitive principle in international law, suggests some theoretical ideas for perfecting of the legal position of the Russian Federation as a response to the modern outer space legal policy of the USA.
Discussion and conclusions. In the legal literature on this issue different views are assessed – from a radical rejection of the US model of behavior and continuation of efforts to strengthen the 1967 Treaty regime, to proposals to adopt a new national Russian legislation providing rights of persons to exploit the natural resources of celestial bodies, thus provid-ing incentives for private investors. This track leads to more competition with the USA, observing at the same time the 1967 Treaty as the “corpus juris specialis”.
The sources of international family law are not accurately defined in Russian legislation and legal doctrine, and are often misinterpreted in practice as well. The subject of this study, therefore, is the legal form of private international law norms, to determine the set of sources to be used to resolve cross-border family disputes in Russia. The research methodology adopted by the author includes the logical methods of analysis and synthesis, as well as formal, legal and comparative private scientific methods. A logical result of insufficient attention to the sources of private international law is the persisting ambiguity in their composition, which has manifested into the analysis of the sources of international family law.
The author concludes that the broad understanding of private international law sources proposed by legal doctrines and the Supreme Court of the Russian Federation does not find full confirmation in resolving cross-border family disputes in practice. Outdated regulation does not allow international treaties to maintain precedence in the system of sources. Despite the Ruling of the Supreme Court of the Russian Federation on the procedure for its application, the use of international treaties has not become wide-spread in resolving cross-border family disputes by Russian courts.
The inconsistency of Russian legislation with the generally recognized principles and norms of international law has sparked academic discussion regarding their regulatory impact. This, however, did not prevent the highest court from referring to them as the sources of private international law for the Russian Federation. This study demonstrates the lack of convincing evidence for their use as a source of international family law.
Acts of international organizations, when provided in the form of an international treaty or regulation, can serve as a basis for resolving cross-border family disputes. Acts that do not have a similar expression are not sources, but can influence the legislator due to their rec-ommendatory nature.
The domestic legislation of the Russian Federation comprises a large number of Acts con-taining the norms of international family law. While agreeing with the idea of its codification as a whole, the author opines that it requires not only a thorough analysis of de lege lata, but also a balanced approach to de lege ferenda.
Customs recognized in the Russian Federation have the potential value of a source of international family law. However, at the same time, their use in resolving cross-border family disputes is not supported by empirical data.
Foreign law, including foreign customs, is the set of rules that can be applied in resolving disputes, subject to regulatory permission. They should be distinguished from the sources of law of the national legal system. Therefore, it is incorrect to consider them as sources of private international law of the Russian Federation.
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