PUBLIC LAW SCIENCES
Clarification of the trends in the formation and development of science and practice of constitutional law contributes to the concretization of its categorical and conceptual apparatus, which becomes especially relevant in connection with the amendments to the 1993 Constitution of Russia, approved by the all-Russian vote on July 1, 2020.
In the course of the research, the following was discovered: the ongoing processes of novelization of constitutional science and practice are based on some successive aspects of doctrine and practice; continuity in constitutional law is one of the forms of preserving constitutional identity, the problem of which is acute to this day, given the growing process of globalization, which erases the differences between the Basic Laws of States.
This article examines the interests of the population of municipalities as a constitutional and legal category on the basis of a dialectical approach. The scientific novelty is their consideration in the trinity of spiritual and moral values, energy and information needs and material and technical well-being of the population. The synergetic effectiveness of this trinity is substantiated through the direct stable connection of the elements of the triad. Harmony between all interests is important for improving the quality of life in municipalities. Therefore, strategic planning documents should be consolidated, affecting all three groups of needs of the population and providing for their synchronized provision by each level of public authority, only in this case it is possible to achieve the main constitutional goal – the effective solution of tasks in the interests of the population by public authorities.
PRIVATE LAW (CIVILISTIC) SCIENCES
Based on a systematic analysis of the general provisions of civil law on the forms of transactions, contracts and methods of performance of obligations, and doctrinal points of view on the essence of the smart contract as a product of digitalization conclusions are made that the smart contract has a complex and ambiguous legal nature, allowing to define it as a kind of electronic contract, a separate form of written transaction (contract), a way to fulfill an obligation. In the absence of its legal concept, it does not replace the traditional civil law contract. The subject composition and content of the smart contract is mediated by the scope of its application. We should not exaggerate the role and importance of smart contracts and expand the scope of their application outside of civil turnover.
Although the term “digital rights” and their kinds are now stipulated in the Civil Code of the Russian Federation and other federal laws, the concept of a smart contract and its legal issues arising with its use are not reflected in the current legislation. In our view, it is a drawback since digital rights are transferred from the one to another person in an information system with the use of a smart contract. Smart contract is deemed to be a contract which is concluded and performed in a special information system being decentralized and distributed (like blockchain) and enabling making transactions of digital rights. The peculiarities of a smart contract enhance stability of civil turnover and promote due performance of obligations. It is argued to be possible to transit digital rights in virtue of law on such lawful grounds as a court decision, hereditary succession in case of presenting a certificate of inheritance, where an operator of an information system makes an appropriate record in accordance with the rules of such information system. The lack of legal regulation of a smart contract restrains the broader use of digital rights as well as implementation of accrual of digital rights on the basis of decisions of law enforcement bodies.
The article is devoted to theoretical and practical problems of distinguishing the concepts of “medical services” and “quality of medical services”, which in turn is important for clarifying the relationship between the concepts of “quality of medical services” and “quality of medical care”, as well as for distinguishing contractual and tort liability of medical organizations for the quality of medical services. Based on a comparison of the legislation on the provision of services, on health protection, on consumer protection and taking into account its interpretation given by the highest judicial authorities, the author comes to the conclusion that the subordinate regulatory legal acts on the provision of medical services are not in full compliance with the legislation on consumer rights, recommends using the experience of health authorities and the system of compulsory medical insurance for the examination the quality of medical care during the consideration of criminal and civil cases by the courts, related to the violation of the requirements for the quality of medical care.
The article explores the possibility of recognizing the results of digital fabrication as objects of intellectual property rights. The conclusion is that the legal regime of the results of digital fabrication is determined by the absence of distinctive features of the objects of copyright, which does not prevent recognition of their objects of neighbouring rights. The legal regime for the results of digital fabrication should include the protection of the rights of persons who have rights to character or image that is the basis for digital fabrication. The original subject of digital fabrication is a person who has the right to use as a basis for the use of digital fabrication technology (such as a protected character or image) and a software product with AI features.
This article is devoted to topical issues of procedural science and practice that arise when exercising the right to protection in civil proceedings. Despite the relatively recent changes made to civil and arbitration procedural legislation, their practical implementation still requires detailed explanations from both the judicial community and science.
Certain provisions on the statute of limitations also continue to cause discussions despite their seemingly detailed elaboration.
The article includes consideration of such issues as determining the deadlines for filing appeals and cassation complaints in civil cases, namely the procedure for calculating them; grounds for restoring missed deadlines (justification of the validity of the reasons for missing the procedural deadline for individuals and legal entities, the concept of "objective circumstances", procedural reasons, error with the court, errors in the complaint); provisions on the limitation period for certain types of transactions. It should be noted that the act of the highest judicial instance considered in the article also clarified the procedure for appeal, both providing for the stage of appeal, and bypassing its direct appeal to the cassation instance and further to the Supreme Court of the Russian Federation; the procedure for presenting new evidence in cases where this was previously unreasonably refused; the scope of verification of the judicial act on the complaint (in whole or in part) was determined.
Author researched the main approaches to the definition of veterinary services in the theory of Russian civil law; the problem of the correlation of activities for the provision of veterinary services and the implementation of measures for state veterinary control (supervision) is also revealed and materials of judicial practice related to the issue of research are studied. Eventually according to the results of the study, the author's definition of the concept of «provision of veterinary services» as the action or activity ( process) carried out by the service provider and aimed at the needs of the owner of a live animal, public interests in order to prevent diseases of humans and other animals, the needs of the animal itself, through treatment, modification or maintenance of the animal's health in proper condition, or complete cure of the animal from the detected disease (diseases), and other activities that belong to the field of veterinary medicine.
CRIMINAL LAW SCIENCES
The article discusses the correlation of the general concept of “theft” with special types of theft. At present, at the doctrinal and, moreover, the normative level, the question of how to identify a “special type of theft” has not been resolved. The authors attempted to answer the question of how justified the interpretation of the definition of a special type of theft as an independent phenomenon is.
It is concluded that special types of theft deserve a separate definition.
In the structure of corruption crimes in the field of procurement to meet state and municipal needs (hereinafter referred to as the procurement sector), a significant part of the crimes naturally falls on thefts committed using one’s official position. Theft, committed in the field of procurement, can be conditionally divided into two groups: 1) theft, the executor of which is an official of the customer, and 2) theft, the executor of which is a representative of the supplier (contractor, executor). The subject of this research is theft related to the first group. The purpose of the study is to consider the specifics of qualification of embezzlement in this area, as well as to propose criteria for delimiting appropriation and embezzlement from fraud committed using one’s official position in the field of procurement.