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Vol 16, No 1 (2020)
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CIVIL AND FAMILY LAW

5-10 185
Abstract
The category of “quality” is multifaceted, has social, technical, economic legal and other aspects. In the framework of this work, the category of “quality” is considered in relation to the product and only from the standpoint of civil law. Issues of product quality are always relevant, since low-quality goods can not only and not so much infringe on the interests of the person purchasing and / or using the goods, but also the interests of third parties and even the state. Poor-quality goods may be unsafe, pose a threat to the life and health of people, their property. Based on the data of philosophical and economic sciences, the authors analyze the components of the concept of “quality of goods”. The authors conclude that, from the point of view of civil law, these include the name of the product, its usefulness for a particular consumer, the ability of the product to be consumed, the presence of the product's consumer properties / readiness of the product for circulation. These components are also considered from the standpoint of objective and subjective qualities.
11-16 253
Abstract
The article deals with issues related to the exercise of parental access rights as a way of communicating with the child. A parent who claims to exercise the right of access is a separately residing parent and, as a rule, a foreign citizen. The implementation of the right of access is related to the application of the Hague Convention on Civil Aspects of International Child Abduction, 1980. In this connection, the author investigates the problems of application of the right of access by the Russian courts in solving family disputes related to upbringing of children. The situation is analyzed as to the possibility of a broad interpretation of the concept of "access rights", taking into account established international practice. The problem of a misunderstanding of the essence of access rights and the related limited application of the Convention's provisions are identified. The author is of the view that the rights of access and the procedure for communication with the child (in case of separation of parents) are independent legal institutions and do not replace each other. Comparative legal analysis confirms the author's conclusions, which are justified by examples of court practice. The choice of the method of protection of parental rights is determined by the person applying for protection and cannot be changed by the court in violation of the plaintiff's rights. Thus, the conclusion is made that it is necessary to analyze the jurisprudence of the European Court of Human Rights in order to properly apply the Convention.
17-30 836
Abstract
The essential features of the concept of the sham marriage are considered (registration of marriage, the expression of the will of the couple to register marriage, and the lack of intention to create a family). The analysis of the legal grounds for the emergence of marriage bona fide spouse rights in case of the invalidity of the sham marriage and the rehabilitation of the sham marriage, which are sets of legal facts, is carried out. The authors argue for the possibility of invalidating the sham marriage after the death of the spouses. There is a critical point of view on the issue of establishing administrative or criminal liability for the sham marriage if only private rights are violated. It is advisable to protect private rights violated by the sham marriage by means of private law, which allows ensuring the personal privacy. At the same time, the commission of the sham marriage can be considered as a qualifying feature of an illegal act that violates public law (violation of the procedure for admission to citizenship, acquisition of the right to state benefits, and others), or as an aggravating circumstance when imposing the appropriate punishment. In the comparative legal aspect, the system of measures to counteract the sham marriages is considered. Given that the liberalization of views on cohabitation and the possible de lege ferenda recognition of their legal force will complicate the problem of fictitious marriages, it is proposed to put the recognition of the status of spouses for cohabitees under the condition of providing evidence of the creation of a family and establishing the relevant fact in court.

LABOUR AND SOCIAL LAW

31-38 152
Abstract
In the article, the area of interaction between the science of labour law and the economy, sociology, conflictology and psychology is proposed to be called “labour legal conflictology”. It is argued that labour legal conflictology should study the regulation of both the conflict management system in an organization and the conflict management system at the different levels of social partnership. The system of labour legal conflictology is constituted by “employment law conflictology” and “collective labour law conflictology”. It is concluded that the system of conflict management in an organization as an object of employment law conflictology is a unity: 1) the employer’s policy on conflict management; 2) the organizational structures of the employer's management with the fixed responsibilities of its representatives; 3) a system of local regulations and enforcement acts that mediate conflict management in an organization; 4) conflict management procedures. The conflict management system in social partnership consists of: 1) principles of social partnership; 2) organizational relationships of the parties to social partnership; 3) a system of regulations and enforcement acts that mediate conflict management in social partnership; 4) procedures for the settlement and resolution of disagreements arising in the process of establishing and changing working terms and conditions.
39-48 138
Abstract
The author justifies the tendency to increase the role of special legal norms in Russian legislation, established in order to increase the effectiveness of the State’s legal policy on social assistance and protection of subjects with special legal status. The views of scientists on the understanding of legal policy are critically compared, and in particular, the incorporation of the principle of equality in its implementation. Based on the study of legal doctrine, a system of normative legal acts, through a formal-legal approach, the legal position of the individual is inextricably linked to advantages as a form of improvement of the legal position of the individual. As a result, modern special rules of law containing various types of legal advantages (benefits, privileges, immunities and special legal procedures) have been systematized, both for socially vulnerable categories of citizens and for subjects with power. The shortcomings of the modern legal policy to strengthen the legal position of these subjects are argued, including on the example of certain categories of positions in the internal affairs bodies. As a conclusion, the social necessity and the State need for a systematic, scientifically based use of the potential of legal advantages as a means of assisting and protecting the subjects of social relations have been proved.

FINANCIAL AND TAX LAW

49-54 157
Abstract
In the article, the author explores the legislative concepts of «form», «methods», «measures» of tax control. It is indicated that in the text of the Tax Code of the Russian Federation there is a mixture of these concepts. An own terminological gradation is proposed, according to which, forms of tax control are implemented by separate methods of tax control, and the latter are carried out in certain ways and in a set of measures. The author, analyzing tax legislation, concludes that there are significant legislative gaps, there is no consolidation of certain methods of tax control and methods of their implementation, however they are implemented in practice by tax authorities in relation to taxpayers. In addition, the rules are formulated rather vaguely about which individual tax control measures can be carried out and serve as valid evidence when carrying out certain types of tax audits, as well as outside the framework of audits or during tax monitoring. In conclusion, the author points out that there is a need for a clear reinforcement of new methods, methods and measures of tax control using digital technologies of current online control in accordance with modern tasks of tax administration.
55-62 187
Abstract
The article is devoted to the problem of using «transit» interbudget transfers when providing subsidies to municipalities from the budget of a constituent entity of the Russian Federation. An analysis of regulatory legal acts establishing the procedure and conditions for the provision of subsidies from the budget of the Novosibirsk Region allows us to conclude that there is insufficient legal regulation of the conditions for using subsidy funds by recipients of the subsidy, which leads to a distortion of the nature of interbudget transfers. As a way out of this situation, the author considers the possibility of using subsidies to the budgets of municipalities from local budgets, the provision of which is provided for in Article 142.3 of the Budget Code of the Russian Federation.
63-68 119
Abstract
Based on the analysis of civil and tax legislation and the practice of its application, an idea of the relationship between these industries in various ways of termination of a legal entity (voluntary and compulsory liquidation, invalidation of a legal entity and exclusion of an organization from the Unified state register of legal entities) is formed. It is proposed to consider the termination of a legal entity as a General institution for special methods of termination. It is concluded that it is necessary to notify the organization's stakeholders in advance through digital technologies about the upcoming exclusion of a legal entity; to take measures to collect tax debts before excluding an organization from the state register; before forming a list of organizations for exclusion, charge the tax authorities to conduct an analysis of the real state of the taxpayer. It is the tax authority that carries out compulsory liquidation and exclusion from the register, which has a huge impact on the state of subjects of civil turnover.

CRIMINAL PROCEDURE. JUDICIAL ACTIVITY

69-76 309
Abstract
This article is devoted to the initial stage of criminal proceedings - the initiation of criminal proceedings on the grounds of an economic crime. This stage does not boil down to the formal act of issuing the relevant resolution, but includes the subject and procedures for proving the so-called preinvestigation check. Moreover, according to the current legislation, the appointment and production of forensic examinations, the selection of samples for a comparative study, etc. are legal during this period. Such verification may result in a system of evidence to make an informed criminal procedural decision to initiate a criminal case or evidence for a preventive response to signs of an economic crime. The authors focus on some debatable issues of the criminal procedural status of the leading subject of the criminal case - the investigator (interrogator). This raises the acute problem of the gap between the functions of proving and making criminal procedural decisions.
77-83 118
Abstract
The administration of a judicial institution on a professional basis is determined by the separation of the judicial management function, as a global trend and the development of a modern judicial organization. The author has made suggestions aimed at changing the mechanism of legal regulation in order to form a model of administration of a judicial institution that meets the challenges of public and state development. By introducing amendments to the federal constitutional laws “On Courts of General Jurisdiction in the Russian Federation” and “On Arbitration Courts of the Russian Federation”, legislative consolidation of the organizational segment of the courts as one of the fundamental principles of their internal structure is proposed. A similar proposal is aimed at creating a single regulatory framework for the formation of a professional model of administration of a judicial institution. The necessity of modernizing the legal status of a court administrator is substantiated, the specificity of which is determined by professional competencies in the effective management of judicial personnel and the implementation of information technologies in the judicial sphere.
84-92 248
Abstract
The article deals with the issues of legal regulation and the actual implementation of the procedures for appealing against the actions of officials carrying out operative-investigative activity. It is noted that there is uncertainty in the choice of the type of legal proceedings (criminal or administrative) also as a level of the court for such complaints (court of the subject of the Russian Federation or district court). Another problem is related to the actual assignment responsibility for the plaintiffs to substantiate complaints about covert operative-investigative measures which, as a rule, leads to a refusal to consider them. The authors are invited to introduce a universal appeal procedure in the framework of administrative proceedings. The secret nature of the operative-investigative activity does not allow the plaintiff to fully substantiate the essence of his claims, so this task may be performed by the court. In order to preserve information constituting a state secret, it is necessary to introduce a closed procedure for dealing with such complaints.


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ISSN 2542-0410 (Print)