HISTORY AND THEORY OF STATE AND LAW
The article considers the legal grounds, a set of sources and legal means for setting moral education in the schools of the Russian Empire in the second half of the 19th – early 20th centuries. The author of the article analyzes the main legislative acts – charters, rules and circulars, which determined the regulation of educational work in schools at the national, educational-district and local levels. The author concludes that the will of the legislator fixed the target settings of moral education of students, the limits of the power of responsible subjects and regulated the main directions of educational work. However, the circular orders of the Ministry of Public Education did not always contain a mechanism for achieving the goal, transferring this issue to the level of the educational district authorities and the management of individual educational institutions. It significantly reduced the effectiveness of the implementation of legislation in this area.
The integration of law is understood as the purposeful activity of State bodies to influence the systems of rights existing on the territory of the annexed people and expressed in certain sources of law through the use of special legal means for the purpose of unification with their own system of law. The historically and logically correct choice of the subject of integration activity contributes to the creation of a solid system of public relations, the registration of the political and legal status of the annexed people. The question of the choice of the subject and the legal means of integration is predetermined by the fundamental characteristics of the integrated legal systems. During the integration of the systems of customary law of peoples (Western provinces, Bessarabia, Baltic provinces, Finland, Poland), the mechanism of action and further evolution of which depend on court decisions, a special role belonged to judicial institutions.
The article deals with the institution of law in political and legal issues of the views of the theorist of anarchism P. A. Kropotkin. Based on the philosophical-legal, formal-legal and formal-philosophical research methods, the author analyzes the foundations of the legal thinking of Petr A. Kropotkin, the concepts of law and law used in his theory, as well as their influence on the institutions of self-government. As a result of the study, it was established that law in Kropotkin’s theory is a consequence of the natural human need for sociability and the establishment of rules of behavior based on the principles of justice and equality. Petr A. Kropotkin believed that customary law, in the course of the evolutionary development of a society, attracted attention to the emergence of the institution of self-government, focusing on the ability of the community to administer justice and form its own administrative apparatus. Kropotkin’s attitude towards the emergence of a centralized state was declared, which, with the help of the law, encroached on the right of communities to self-government and destroyed any public initiative. Pointing to the negative role of the state in the life of society, Petr A. Kropotkin developed a political and legal theory of anarchism, in which communities, possessing autonomy, constituting a federation of various levels, focusing on the conventional system of law in organizing community self-government.
CIVIL AND BUSINESS LAW
The article analyzes the features of legal regulation of venture investment contracts. Topical legislative problems of the functioning of the venture industry in the Russian Federation are highlighted. The forms of venture investment transactions are considered: an increase in the authorized capital, the provision of a convertible loan and the sale of the company’s treasury share. Particular attention is paid to the nature of the relationship between the parties and the stages of registration of a venture transaction. As a recommendation for the development of venture business in the Russian Federation, the need to adopt a special federal law on venture investment is substantiated. This law will eliminate the problem of haphazard legislation in this area and will make it possible to determine a clear legal structure of the venture investment agreement. In addition, the law will allow the introduction of a new, convenient and effective organizational and legal form of venture investment. It will contribute to a more equitable distribution of risks between investors, flexibility of interaction between participants in transactions, prompt adoption of management decisions on investment.
The article examines the issue of the basis and such conditions of pre-contractual liability of a medical organization, such as wrongfulness and guilt. As a result of the analysis, it is concluded that the guilt and unlawfulness of a medical organization, when it is brought to pre-contractual liability, are supplemented by a condition of bad faith, which may complement guilt or wrongfulness or not be applied at all. In cases where the norms of the law are violated, an additional characterization of the behavior of a medical organization as unfair is not required.
The problem of determining the essential conditions of the public-private partnership agreement remains is actual for the national legal system, since anti-corruption risks and issues in litigation still remain. The article analyzes the essential conditions of the public-private partnership agreement. The author identifies four conditions: 1) carrying out construction works creating of a new or modernized object; 2) a private partner's ownership of the object of the agreement; 3) the duration (more than three years) of the agreement; 4) financing of the partnership project on cofinancing by partners. The issue also argues that other conditions don’t determine the essence of the public-private partnership agreement.
FAMILY LAW
The article deals with the problems of ensuring the recovery of alimony in favor of children, legal regulation and law enforcement practice of restricting the right to leave the Russian Federation in the presence of alimony arrears in favor of a child as an interim measure, violation of the debtor's rights; analyzes the norms of the legislation of the Russian Federation and international treaties in the field of enforcement proceedings, focuses on the main mistakes of bailiffs when establishing restrictions on the right to leave. The author substantiates the expediency of excluding the temporary restriction of the right to leave the Russian Federation from the list of measures of compulsory maintenance of alimony obligations in respect of persons permanently residing outside the Russian Federation.
The article is devoted to the peculiarities of the legal procedure for change of gender in Spain. Changing the biological sex of a person has become a common legal practice in some countries. However, the legislative solution is different. In Spain, the following approach is used: gender transformation is based on the social identity of the individual and is possible without therapeutic or surgical intervention. Currently, the judicial procedure for confirming the change of biological sex by a person remains in place, but the issue of amending the current legislation and introducing administrative regulations for this legal fact with attribution to the jurisdiction of civil registration authorities is being considered.