Pravoprimenenie-Law Enforcement Review最新文献

{"title":"Unification of document flow in the USSR: historical and legal aspect","authors":"O. V. Marchenko","doi":"10.52468/2542-1514.2022.6(4).45-58","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).45-58","url":null,"abstract":"The subject. The growth of document flow is associated with a complex of reasons, among which there are objective factors. However, there is often an unjustified increase in the number of documents created and processed in institutions. This is due to the presence of unnecessary, unused forms, duplication of electronic documents with traditional and others. Measures to improve and rationalize the organization of document flow contribute to solving these problems. Identifying the main trends and problems in this area will help determine ways to improve the current system of document management standardization in Russia. In Russian science, no attempts have been made so far to identify the main stages in the history of the development of standardization of document management. In this connection, the problem of periodization of the development of standardization of document flow in Russia for the purpose of systematization and scientific generalization of this field of knowledge comes to the fore.The purpose of the article is to identify the prerequisites for the origin of document unification, as well as to characterize the periods of development and main directions of document flow standardization in the USSR.The methodology includes historical-legal method, formal-legal method, systematic approach, chronological method, analysis, synthesis.The main results of research. This study identifies and characterizes the main periods of development and the main directions of standardization of document flow in the USSR, and also defines the characteristic features of standardization of document flow in the designated period. A chronological approach can serve to achieve this goal, which allows us to trace the evolutionary development of document management standardization in the Soviet period.Conclusions. The study of the legal regulation of standardization of documentation in the USSR allows us to conclude that the Soviet stage was associated with the direct emergence of standardization as a sphere of state policy in general and document management in particular. In this regard, it is proposed to distinguish three periods in the historiography of the problem: 1917 – early 1960s and 1960s – 1970s.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"41 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76815654","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Primary elements of the indigenous peoples’ right to self-determination and their reflection in international cases","authors":"M. Zadorin, E. Gladun","doi":"10.52468/2542-1514.2022.6(4).121-138","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).121-138","url":null,"abstract":"The article touches upon the issues of law enforcement and court practice related to the collective rights of aboriginal communities.The purpose of the article is to reveal the content of the right to self-determination through the prism of the most significant cases related to indigenous peoples.The methodological basis of research is the general principles of scientific knowledge, widely used in works in the field of law: system-structural, formal-legal, comparative-legal, historical, methods of analysis and synthesis, analogies, etc. Particular attention was paid to the formal legal method, which was used by the authors of the study to analyze international judicial practice on the rights of indigenous peoples, as well as, in some cases, the national legislation of the countries participating in a particular case.The main results, scope of application. The right to self-determination of indigenous peoples is multicomponent and includes a number of specific elements and facets of interpretation. The authors have made an attempt to reveal the fundamental elements of the right to self-determination of indigenous peoples, which, in their opinion, consist of: the right to sovereignty as such, or autonomy and recognition as collective subjects of law, the right to land and resources, traditional nature management, autonomous education, mothertongue and culture.For each of the above-mentioned elements, a specific case is described, which was considered in international courts, primarily in the International Court of Justice, the Inter-American Court of Human Rights, the ECHR and etc.Conclusions. International recognition of a state through inclusion in the UN General Assembly is impossible without the permission of the Security Council; the issue of “effective occupation” has played and continues to play a large role in the issue of governance and sovereignty over a specific space and territory, and not only settlers, but also traditionally living indigenous peoples play a significant role;Indigenous peoples living in the coastal zone should have the right to dispose of income from the exploitation of the continental shelf; the relationship with the land is not only a matter of ownership and production, but a material and spiritual element that indigenous peoples must fully enjoy, if only to preserve their cultural heritage and pass it on to future generations; the status of “national minority” deprives the indigenous people of priority in the use of land for traditional reindeer herding; means of ensuring freedom of expression of indigenous peoples is an important element for the promotion of identity, language, culture, self-identification, collective rights.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"9 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87208788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Fiscal issues of government policy for the investment protection and promotion","authors":"I. Tsindeliani, E. Vasilyeva, M. Egorova, D. V. Tyutin, Zh. G. Popkova","doi":"10.52468/2542-1514.2022.6(4).95-120","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).95-120","url":null,"abstract":"The subject. The institution of investing in the Russian Federation is determined by the set of economic and legal reformations. That is why discussions and debates about the necessity of creating of the investment code, unification of existing rules of investment activity regulation still exist. It is also necessary to form and systemise a kind of a common registry of state support measures and it is also necessary to control the provision of state support. Russian science studies legal regulation of state support of business subjects only in specific ways. Despite the plenty of works on the topic of legal regulation of activity of small and medium-sized businesses, this field of legislation is not developed enough to give an opportunity to conduct complex researches of theoretical and practical aspects relating to exclusively legal and financial framework of state support of the investment activity. In this article we detect and reveal general problems connected to introducing of tax frameworks of state support of promotion of investments in the conditions of existing Russian legislation. In the context of this article we show the analysis of novelties related to egal regulation of tax instrument of state support of investments. Theoretical importance of this article lies in suggestions on improving of this field of national legislation.This research is aimed at theoretical realising of legal regulations of current measures on performing of tax policy while implementing Act on investments.The methodology. The basic method of research of mentioned problems is a formal legal one. There are some problems in the process of investing based on the Agreement on protection and promotion of investment. With the help of this method these problems were examined taking into consideration the implementing tax policy in this field of entrepreneurship.The main results. Several legal problems are revealed and specified in this article. Authors prove their own point of view which consists of idea of detailed theoretical elaboration of the problematics in order to implement a framework of Agreement on protection and promotion of investment successfully, given that it is necessary to enact the list of bylaws by the Government of the Russian Federation and to create an impeccable software.Conclusions. Authors suggest measures for improving of legal regulations of current investment legislation and tax and fees legislations. It is crucial to point out that such issues as a procedure of entering into agreements (including the procedure of holding a tender within public project initiative) and common requirements to them; standard form of an agreement; the procedure of monitoring of realisation stages of an investment project (in relation to which the Agreement on protection and promotion of investment was signed); the procedure of keeping of a register of such Agreements; the procedure of the identifying of the level of the compensation of spendings needed for the p","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"20 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75231173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal problems with the transformation of waste into the products (a case study of phosphogypsum)","authors":"M. Buchakova, N. D. Vershilo, O. Dizer","doi":"10.52468/2542-1514.2022.6(4).139-148","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).139-148","url":null,"abstract":"The subject. One of the problems of contemporary states is waste and the search for opportunities for transformation into products. In this aspect, phosphogypsum, which is a waste product of mineral fertilizers, is interesting. It is subject to recycling in a small amount now.he purpose of the article is to identify legal possibilities for regulating relations related to industrial waste in terms of their secondary use.The main results, scope of application. Phosphogypsum can be used for the construction of highways, dams; the production of fertilizers and salts; the production of construction products using non-recycled phosphogypsum; agriculture; in the production of gypsum binders and products made from them; in the cement industry; as a filler in various industries. With the technological possibility of recycling such waste as phosphogypsum, there is no legal possibility of their use. The absence of the necessary legal regulation of relations in the field of waste disposal, clear legally fixed criteria for classifying waste as secondary material resources and the possibility of their use, may entail certain negative consequences for economic entities.Conclusions. The process of waste transformation into products from a legal point of view should consist of the following stages: waste disposal (both with and without pretreatment); the process of waste transformation into products directly (with a license for waste of hazard classes I – IV, compliance with licensing requirements, conclusion of the state environmental expertise on processing and disposal technologies, equipment used in this process, etc.). The following stage is legally correct and documented recognition of waste that is secondary material resources. The last stage is exclusion of said waste that is secondary material resources from approved waste generation standards and limits on their placement, as well as reflection of their movement in the journal of waste generation and movement.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"108 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81282487","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"COVID-19 vaccination in the national security system of the Russian Federation: coordination of private and public interests","authors":"N. Pankevich, V. Rudenko","doi":"10.52468/2542-1514.2022.6(4).75-94","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).75-94","url":null,"abstract":"The subject. Having a proven positive social and economic effect, vaccination remains one of the most important institutions in the system of public safety. The development of this institution requires a rational legal support, considering not only current epidemic process, but also potential threats of bioterrorism and the development of biological weapons. In this light, effective legal regulation of vaccination measures, determination of their desirable forms and scope of the population coverage, as well as cooperation between citizens and the State in ensuring epidemiological safety become a matter of paramount importance.The purpose. The authors propose to discuss two issues: the limits of the possibility of introducing the institution of mandatory vaccination and the issue of legal assistance for the population to participate in vaccination programs in order to achieve the maximum possible coverage.The methodology. The article employs a comprehensive approach which combines formal interpretation and comparative analysis of legal acts and courts decisions with the insights from sociology, behavioral sciences and discourse analysis. The article focuses on the international and national standards of regulation of the vaccination by the means of public and private law in order to achieve herd immunity.Our analysis of the vaccination institute place in the legal system demonstrates that this institution can be included in a row of disciplinary, coercive and binding institutions for citizens prescribing mandatory participation. However, its coercive potential is relatively small and is limited to certain segments of the society that are of strategic importance for ensuring the epidemiological safety. The article posits that such groups remain in the legal field of exceptions, whereas in general, the vaccination institute presumes that the mandatory component is prescribed primarily to the state, not the citizens. And therefore, the citizen's participation in vaccination has the character of an individual rational choice.Conclusions. Our analysis shows that the law on vaccination should be focused on the facilitating socially desirable individual choice rather than binding norm prescription. In this area, the main tasks of legal regulation are establishment of an adequate system of accounting and distribution of individual risks, as well as fair compensation for possible damages during vaccinations. The second main direction of legal development is overcoming information asymmetry in the situation of individual decision-making in order to reduce the shortage of reliable data and to ensure effective communication within an expert community, the state and the person. We propose that this development contributes to the transformation of a purely legal norm on vaccination into a social and cultural one and strengthens the cooperative strategies of citizens in the fight against vaccine-controlled diseases.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89860594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Electoral qualifications and restrictions on passive suffrage in elections in Russia","authors":"A. Kondrashev, N. Sidorova","doi":"10.52468/2542-1514.2022.6(4).59-74","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).59-74","url":null,"abstract":"The subject of the article is electoral qualifications and voting restrictions in the Russian Federation legislation.The purpose of the article is to determine the permissible boundaries of electoral restrictions, to define the grounds for acknowledgment of such qualifications (restrictions) as unconstitutional (excessive, disproportionate, breaching the principle of legal equality) as well asto formulate legal argumentsthat will contribute to advancing electoral qualification system in Russia.The authors’ hypothesis is as follows: in comparison with electoral qualifications that are already enshrined in the Constitution, the rise in the number of new electoral qualifications fails to comply with the Constitution’s provisions and is inconsistent with the Russian Federation’s international commitments. The authors meticulously analyse the process of eligibility imposition, draws the line between “electoral qualifications” and “restrictions” in electoral right and compares the Russian system of electoral qualifications (restrictions) with the system of electoral restrictions and limitations in foreign countries.The main results and the scope of application. The analysis of the given issues has shown that electoral qualifications are specific requirements (conditions). Thus if a state is a democratic one and acts in compliance with the electoral requirements(conditions), the citizens of such state are eligible to run for public office. At the same time electoral restrictions (filters) can be considered as supplementary actions that the citizens have to complete in order to be registered as candidates for the elections. Such actions also diminish the legal chances of the citizens to take part in ongoing elections. The authors prove that guided by political rather than legal criteria, Russian law-makers are prone to impose new eligibility restrictions that in turn impede the process of constitutional values balance search.A significant number of electoral qualifications is inconsistent with the purposes which legislators pursue imposing new restrictions and limitations on citizens’ rights as well as with fundamental principles of possible restrictions on citizens’ rights set forth by numerous ECHR’s decisions (proportionality, necessity in democratic society, legitimate goal and sufficient reasons). Since dozens of electoral qualifications exist in the Russian legislation, millions of Russian citizens are deprived of their right to vote. Electoral qualifications do not satisfy the RF Constitution requirements stated in articles 17, 18, 19, 32, 54 as well as the principles of universalsuffrage (universality, equal suffrage and free elections).The authors conclude that the legal regulation of voting right restrictions such as a signature threshold and a municipal filter are to be altered radically. In the short term, the signature threshold preservation is quite feasible provided a substantial decrease in the number of signatures and the simplification ","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"148 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77370716","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Global mental shift: political values of the youth of Russia and Europe","authors":"I. Vetrenko, Yuval Bayer, V. Vasilyeva","doi":"10.52468/2542-1514.2022.6(4).15-31","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).15-31","url":null,"abstract":"The subject of the article is the political values of the youth of Russia and Europe.The purpose of our study is to identify the political values of the Youth of Russia and Europe and conduct a comparative analysis based on the methodology of comparative analysis. Four hypotheses are tested that suggest the values of young people, regardless of the region or country of residence, are common, despite the differences in forms of government, political culture, living standards and traditions of the respondents.The main research tasks were: 1. Identification of common value orientations of modern youth studying at universities. 2. Determination of the type of cultural mentality (according to the methodology of Russian American sociologist Pitirim Sorokin) of the youth of Russia and European countries included in the sample. 3. Determining the place of politics and the opportunity to participate in policymaking in the system of values of today's youth. 4. Identification of attitudes (loyalty / acceptance / non-acceptance) to modern democratic values, as well as identification of the preferred form of political governance among young people. 5. Determination of the desired type of taxation. 6. Establishing the relationship between political values and quality of life. 7. Determining the understanding of the components of happiness (wellbeing) and the meaning of life of modern youth. 8. Diagnosis of the degree of involvement in politics/apathy of today's youth.The main results, scope of application. Study made it possible to introduce into contemporary science a new term \"integral model of values\" – an interconnected set of several life values of a person, each of which describes individual components of values, to form a complete and comprehensive idea of the value system of certain social groups. Empirical study made it possible to identify the basic components of the integral model of values of modern youth in Russia and Europe in a comparative aspect. Under the integral model of values, authors mean an interconnected set of several private value models of a person (mentality, basic human and social values, life satisfaction and a subjective feeling of happiness, political views and actions, cultural values, etc.), each of which describes individual components of values, and all together they form a complete and comprehensive idea of the value system of certain social groups. In the structure of the integral model of youth values, authors included: mentality, political values, political mobility and a system of universal values. In accordance with this structure, we present the results of our study.Conclusions. Authors not only managed to identify the already established values and, on the basis of them, draw up an integration model of the values of the youth of Russia and Europe through their comparison, but also to determine the needs of today's youth for certain values.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"46 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80257871","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The concept of cyberspace in international law","authors":"K. A. Ivanova, M. Myltykbaev, D. D. Shtodina","doi":"10.52468/2542-1514.2022.6(4).32-44","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).32-44","url":null,"abstract":"The subject. The article is devoted to the analysis of approaches in the development of the concept of cyberspace in international law.The purpose of this article is to try to highlight the attributes of cyberspace, which will allow to resolve existing gaps in the field of universal cyber regulation in international law. The research presented in this article was conducted by combining various disciplinary approaches, including comparative law, comparative politics and international relations, political theory, and sociology. In addition, the study includes methods of dialectical logic, analysis and synthesis, as well as a formal-legal analysis of UN international legal acts.The main results and scope of their application. As states pay increasing attention to cyberspace management as the technical architecture that powers the global Internet and governance in cyberspace, in terms of how states, corporations and users can use this technology, the role of international law in cyberspace is increasing, becoming more prominent, becoming more important. At the same time, note that international law has no specific rules for regulating cyberspace. Moreover, the technology is both new and dynamic. Thus, for several years there have been open questions as to whether existing international law applies at all to cyberspace. Cyberspace is now the backbone of global commerce, communication and defense systems, and is a key aspect of the critical infrastructure that sustains our modern civilization. Technology and information spread almost instantaneously, and the global economy and supply chains are integrated to a degree unprecedented in history. Nevertheless, there is still no developed universal concept of cyberspace in international law, only approaches at the level of the UN, international organizations, including the First Committee of the UN General Assembly on Disarmament and International Security, the G20, the European Union, the Association of Southeast Asian Nations and the Organization of American States and doctrinal approaches are singled out.Conclusions. The competition for strategic technology and the competition for advantage in the \"information space\" is growing, so far without the standard international rules of the road. Moreover, the future is likely to prove even more transformational. The potential threats are also extraordinary: autonomous weapons, cyber warfare, sophisticated disinformation campaigns and geopolitical instability. In such circumstances, it is crucial to develop a universal notion of cyberspace because of the persistent significant vulnerabilities and number of threats in global communications.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"17 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83418990","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"National law and legal pluralism","authors":"S. Biryukov","doi":"10.52468/2542-1514.2022.6(4).5-14","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(4).5-14","url":null,"abstract":"The subject of the article is correspondence and competition legal monism and legal pluralism. The purpose of the study is to confirm or refute the author's hypothesis that a peculiar dialectic of legal monism and legal pluralism is inherent in domestic law.The methodology. The methods of various sciences related to the study of social and legal pluralism are combined. In particular, the system approach, dialectical method, methods of formal logic, formal-legal and comparative-legal methods, theoretical-sociological and theoretical-cultural analysis are used.The main results, scopresue of application. Within the framework of various social sciences, types of legal understanding, both a monistic view of law and various opinions about its plurality are presented (natural and positive law; the law of various states; domestic and international law; official and unofficial law).Domestic law in developed countriesis unified, but it is a complex unity consisting of various subsystems (levels). The question of whether these subsystems can not only correspond to each other and complement each other, but also compete with each other, be used by various entities within the framework of choosing the optimal regime of legal regulation has always been ambiguousfor lawyers.Discussions about legal monism and legal pluralism contribute to the development of theoretical knowledge about law. Situations of more or less pronounced legal plurality undoubtedly influence the specifics of all the main types of legal activity: from legal education and criticism of law to law enforcement. For the latter, the problem of compatibility of the principles of legality, formal equality and various forms of legal plurality has always been one of the most important.Conclusions. The main manifestations of weak legal pluralism in modern domestic law can be considered as: (1) identification of subsystems of the law of the subjects of the federation and municipalities; (2) recognition of partial legal autonomy of various non-public organizations and autonomous communities (mainly in the field of private law). Each of these manifestations is considered separately. The problem of constitutionalization of legal pluralism is also touched upon. It is shown that a peculiar dialectic of legal monism and legal pluralism isinherent in domestic law.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"152 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77465864","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The concept and content of the contract of participation in shared construction and its legal characteristics","authors":"A. E. Kolieva, G. Khachiev, F. G. Konova","doi":"10.52468/2542-1514.2022.6(3).252-261","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(3).252-261","url":null,"abstract":"The subject of the research is the contract of participation in shared construction. This type of contract is characterized by a special subject structure and defined as independent bilateral commercial agreement owing to which it stands out of other types of contracts. The practice of using this legal institution shows its possibilities and advantages in terms of increasing the number of citizens who have received the opportunity to improve their housing conditions. Nevertheless, today in Russia there is a question of stopping the use of shared-equity construction because there are also negative aspects of the implementation of this right, including an increase in the number of defrauded shareholders. The ambiguity of this legal institution throughout the history of its existence has been the subject of study by many scientists. One of the main issues of these studies was the equity participation agreement as a form of expression of legal relations between developers and participants in shared construction, which provides protection of the rights of all parties to the specified transaction. The equity participation agreement is the basis of legal relations between the parties and regulates their rights and obligations.The purpose of this article is to investigate the main features of the contract in shared construction, to summarise different points of view on the definition of this legal document, to consider the algorithm of concluding this kind of contract, to review Russian legislation in the sphere of shared construction, Russian judicial practice and negative aspects of buying real estate units under this type of contracts.Methodology. A systematic approach was used in combination with logical methods of cognition. It made it possible to study the theoretical, factual and legal grounds of the phenomenon of shared construction in Russia.The main results, scope of application. The article stipulates the main features of the contract of shared construction, different points of view on the definition of this kind of contracts, the algorithm of concluding a contract of shared construction and Russian judicial practice in this sphere.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"255 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76168662","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}