Sovetskoe gosudarstvo i pravo最新文献

{"title":"Agreements and contracts in the field of family relations: correlation and features of legal regulation","authors":"N. Letova","doi":"10.31857/s102694520025930-4","DOIUrl":"https://doi.org/10.31857/s102694520025930-4","url":null,"abstract":"In the article, the author presents the differences between categories “agreement” and “contract”, analyzes their features of application in the field of family relations, criteria are defined for their differences in Civil and Family Law. The author proves the backbone relationship between the grounds for the emergence of agreements, contracts and their content in the field of family relations, determines their essence, concludes that there is a certain “mixture” of these categories in the norms of the Family Code of the Russian Federation. The article substantiates that it is unacceptable to consider “agreement” and “contracts” as identical categories, since this leads not only to their incorrect application in practice in the regulation of family relations, but also does not allow them to be differentiated from contracts used in the field of civil relations. Such a theoretical “gap” leads to the impossibility of a clear distinction between transactions under Family and Civil Law.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"152 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75632000","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":"On strengthening public principles in the legal regulation of entrepreneurship","authors":"V. Andreev","doi":"10.31857/s102694520024858-4","DOIUrl":"https://doi.org/10.31857/s102694520024858-4","url":null,"abstract":"The article considers entrepreneurial activity as the component of the foundations of the economic system of Russian Federation, as a multidimensional economic and legal concept. The legal regulation of entrepreneurship is of a diversified nature, in which civil legislation is of system-forming importance. It is proposed in the article to strengthen public principles in regulating the goals of the activities of commercial organizations, the inclusion of small and medium-sized businesses in the general outline of civil legal regulation, determining the place and role of the obligation associated with the implementation of entrepreneurial activity in relation to the transaction and the contract.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"446 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75808094","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":"Criminal policy of the state in the field of national security","authors":"Yuriy V. Golik","doi":"10.31857/s102694520024845-0","DOIUrl":"https://doi.org/10.31857/s102694520024845-0","url":null,"abstract":"The global processes taking place in the international political arena are more likely to correspond to the state of a silent confrontational and information war, forcing Russia to defend itself more actively, reflecting more and more blows from potential and established opponents. Ensuring State security is an integral and one of the most important functions of the state, it has as its task the prevention and suppression of actions that violate peace and order. It is this topic that is closely interrelated with the processes of preventing and countering crime, since the success of countering crime and, accordingly, ensuring national security depends on the effective functioning of the relevant processes. Taking into account the above factors priority task of the state is to ensure both its own security and the security of its citizens. The article examines individual elements of crimes that infringe on national security, which allows us to assess the scale and depth of the chosen topic. The authors have made proposals that should contribute to strengthening the rule of law while ensuring national security.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82502136","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":"Freedom of profession and protection of private property in the decisions of the Federal Constitutional Court of Germany","authors":"P. Kucherenko","doi":"10.31857/s102694520024326-9","DOIUrl":"https://doi.org/10.31857/s102694520024326-9","url":null,"abstract":"In this article, on the example of the decision of the Federal Constitutional Court of Germany, the correlation between the freedom of profession and the constitutional guarantee of private property in Germany will be considered. As an example, one of the early cases of the Federal Constitutional Court of Germany called “District Chimney Sweeper”, which was decided on April 30, 1952, is taken. In this case, the Federal Constitutional Court of Germany came to the conclusion that the “enterprise” of a chimney sweep is a craft in which the private law aspects of economic life completely fade into the background, and in which moments of strict public law regulation certainly dominate. This circumstance does not allow us to bring the concept of “guaranteed right to engage in a craft” under “property” in the sense of Article 14 of the German Basic Law of 1949.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89190187","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":"Reorganization as a way to protect private and public interests during the introduction of restrictive measures in regard to Russian legal entities","authors":"A. Gabov","doi":"10.31857/s102694520024775-3","DOIUrl":"https://doi.org/10.31857/s102694520024775-3","url":null,"abstract":"“Reorganization” in accordance with the current Russian legislation is understood as such a significant change in a legal entity that falls under the five named in Art. 57 of the Civil Code of the Russian Federation forms (merger, accession, division, spin-off of a legal entity, transformation). The goals of reorganization in the normal (ordinary) conditions of the activity of a legal entity may be different (expanding the territory or areas of activity, optimizing the management structure, etc.). In the current conditions - the introduction of large-scale restrictive measures (sanctions) by foreign states and international organizations against Russian legal entities - the state also turned to the use of reorganization to form certain measures of influence (counteraction) on such restrictive measures, based on the fact that their introduction puts Russian legal entities in a disadvantageous position compared to competitors from unfriendly states, since it deprives them of the opportunity to access their property located (recorded) in foreign states. This problem was especially acute for Russian credit institutions, whose assets were “frozen” as a result of the introduction of restrictive measures. To overcome the negative consequences of this, a special decision was made - the possibility of reorganizing a credit institution in the form of a spin-off of a Russian legal entity from it, to which the assets of the credit institution, to which access is restricted, can be transferred (Federal Law No. 292-FZ of July 14, 2022 “On amendments to certain legislative acts of the Russian Federation, invalidation of paragraph six of part one of Article 7 of the Law of the Russian Federation “On State Secrets”, suspension of the operation of certain provisions of legislative acts of the Russian Federation and on the establishment of specific features of the regulation of corporate relations in 2022 and 2023”). The content of this Law, its differences from the norms that regulate reorganization in ordinary conditions, became the subject of analysis for the author of this article. The author shows which legal decisions are insufficiently developed from a legal and technical point of view, and which decisions can (and should) “move” over time from the category of extraordinary to ordinary","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89484566","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":"Lawful inaction: problem issues about the implementation of the operative-investigative activity during the solvation of the crime suppression task","authors":"V. Semenchuk","doi":"10.31857/s102694520018545-0","DOIUrl":"https://doi.org/10.31857/s102694520018545-0","url":null,"abstract":"The article describes the problematic issues about the operative-investigative control over the continuing crimes. The author presents the reasons why operative officers don’t immediately suppress crimes. Analysis of judicial practice shows that such forced inaction is recognized as acceptable because of various socially justified reasons, although there is no sufficient legal basis for this. For the solvation of presented problem author proposed to improve the Federal Law “On operative-investigative activity”: establish the conditions for documenting continuing crimes; establish the definitions for the operative-investigative measures and special conditions for the “experimental” measures; provide guarantees for the restoration of the victim’s rights violated due to the necessity of the operative-investigative control over continuing crimes.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85799467","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":"Topical issues of the formation of the legal status of independent experts accredited to conduct anti-corruption examinations","authors":"O. Kazantseva","doi":"10.31857/s102694520021765-2","DOIUrl":"https://doi.org/10.31857/s102694520021765-2","url":null,"abstract":"The article examines the patterns of formation and implementation of the legal status of independent experts, accredited to conduct anti-corruption expert examinations. Scientific research is based on many years of experience in conducting independent anti-corruption expert examinations of normative legal acts and their drafts as an independent expert accredited by the Ministry of Justice of the Russian Federation. The author came to the conclusion about the lack of clear legal regulation of the status of independent experts, which prevents its formation as an effective preventive mechanism against corruption. In order to improve the effectiveness of independent experts and to avoid problems arising in practice, it is necessary to specify at the legislative level all elements of the legal status of independent experts (rights, duties, responsibilities, guarantees), as well as the procedure of relations with public authorities in case of disagreement on the results of an independent anticorruption expertise.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"109 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86354488","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 status of the prosecutor in arbitration proceedings","authors":"E. Mikhailova","doi":"10.31857/s102694520026148-3","DOIUrl":"https://doi.org/10.31857/s102694520026148-3","url":null,"abstract":"The article examines the legal position of the prosecutor in the system of participants in arbitration proceedings. Based on the analysis of the nature of arbitration proceedings and civil cases considered by arbitration courts, it was concluded that, despite the consolidation of the independent constitutional status of arbitration proceedings as a separate procedural form of protection, it is still impossible to draw a clear distinction between civil and arbitration proceedings. Both in civil and in arbitration proceedings, both private law and public law disputed legal relations are the subject of judicial activity. This circumstance determines the commonality of the goals and objectives of civil and arbitration proceedings, which directly affects the procedural status of the persons involved in the case. The prosecutor traditionally treats the legislator to the persons participating in the case, both in civil and in arbitration proceedings. A retrospective look at Russian procedural legislation led to the conclusion that it is necessary to maintain the supervisory function of the prosecutor not only in civil, but also in arbitration proceedings. The truncated powers of the prosecutor in the arbitration process do not correspond to the tasks he performs in the field of civil jurisdiction, and it is proposed to expand them in a number of areas.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76184005","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":"Bur’yanov, S.A. (2023). To the question of defining the concept of the right to freedom of conscience","authors":"Sergey Buryanov","doi":"10.31857/s102694520024322-5","DOIUrl":"https://doi.org/10.31857/s102694520024322-5","url":null,"abstract":"The article examines various approaches to the definition the concept of the right to freedom of conscience. The author's definition of the concept is proposed","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91141501","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":"Formation of a culture of information security of citizens of the Russian Federation in the face of new challenges: public law problems","authors":"T. Polyakova","doi":"10.31857/s102694520025209-0","DOIUrl":"https://doi.org/10.31857/s102694520025209-0","url":null,"abstract":"The article is devoted to the study of legal issues of the development of information security culture of citizens of the Russian Federation in the context of the digital transformation of society. Given the priority of the tasks of ensuring information security in the national security system of the Russian Federation, the purpose of this article is to identify legal problems in the process of implementing the strategic tasks of ensuring national information security, including ensuring the information security of the state, society and citizens. At the same time, the attention of the authors is focused on the legal problems of forming a culture of information security of citizens, since they are the most vulnerable objects of information-psychological, destructive influence. The need to ensure the state of protection of citizens in the information space is associated not only with the realization of their rights, but also requires compliance with relevant duties and rules of conduct. The formation of a culture of information security requires the improvement of state policy aimed at the development of legal regulation not only in the private law, but also in the public law sphere. In connection with this, the authors substantiate the conclusion that these legal problems require scientific research in public law science, given the new passport of the specified scientific specialty. In the process of research, the tasks set were implemented using general scientific methods (analysis, synthesis). Based on the dialectical method, it has been established that a wide range of challenges and threats to information security in modern conditions requires interdisciplinary and intersectoral approaches. It has been substantiated that it is necessary to develop an integrated approach and conduct a general information campaign for the population aimed at increasing legal literacy on information security issues, contributing to an increase in the level of trust in digital services and further digitalization of the state economy.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88905092","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}