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Vol 19, No 4 (2023)
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THEORETICAL AND HISTORICAL LEGAL SCIENCES

5-14 174
Abstract

The article, primarily on the basis of legislation and archival materials, consistently examines the conditions, ideas, directions and means of autonomy in the management of the Caucasus region. Maintaining the stability of the unified political and legal space of the imperial state required the authorities to carry out systematic measures taking into account the socio-political and legal traditions of the local multi-ethnic population. The author analyzes various kinds of legislative acts regulating the features of the official status of the governor in the Caucasian territories of the Russian Empire. The military-people’s administration, the predominant role in the local administrative system of the Ministry of War led to the subordination of the administration of the region to a predominant extent directly to the emperor.

15-19 195
Abstract

The article analyzes the views of Russian emigrants-monarchists of the 1920s on ways to ensure the unity of Russia. The positions of three main ideological groups of monarchical emigration are considered: right-wing conservative parties, left-wing liberal societies and the center. Special attention is paid to archival materials of the Reichengall Congress of Russian Emigration in 1921 . Various monarchical organizations, despite the difference in views on the future structure of the state, converged on two main ways to ensure national-territorial unity: granting individual regions the rights of national-cultural autonomy together with broad local self-government and the formation of a civil nation.

20-33 137
Abstract

The article examines the first attempts to streamline legalization in the field of church law in the processes of systematization of legislation in Russia in the 1820–30s. The place of systematization of spiritual legalizations in the legal policy and plans of M. S. Speransky to restore order in the legislative body of Russia after the publication of the Complete Collection and the Code of Laws of the Russian Empire is shown. The activities of the Holy Governing Synod, the highest state body for the affairs of the Russian Orthodox Church, are covered in streamlining church laws and attempts to create collections of laws based on the initiative private projects of Bishop Augustine and the Secretary of the Synod Chancellery Y. M. Ginovsky. An analysis of the concept, the progress of preparation and the results of consideration in 1835-1836 is also given. the main interdepartmental project of the Holy Governing Synod and the Second Branch of the Own and. And. V. office for the creation of the Collection of Laws on the Spiritual Section, which was headed by A.P. Kunitsyn.

34-41 240
Abstract

Anti-corruption includes, first of all, prevention, which implies the use of controlling mechanisms in the most corrupt areas. One of them is public administration. An additional means of combating corruption should be the state information system (hereinafter – GIS) “Poseidon”. However, at present, the actions of this system do not apply to the municipal level, which, according to the author, violates the principle of unity of public authority and requires correction.

PRIVATE LAW (CIVILISTIC) SCIENCES

42-52 153
Abstract

Various stages of capital amnesty carried out in the Russian Federation have been identified and considered from 1993 to 2022. They are related to the adoption of new (modified) rules contained in special legislative and other normative acts. The most significant and profitable preferences for declarants, conditions of implementation of amnesty of capital are defined for its every period. In the context of the formation and development of the digital economy, gaps in the current legislation are identified, and proposals for its improvement are made. In particular, it is concluded that if the mechanism for voluntary repatriation of capital from abroad is renewed, it should extend to all persons regardless of their legal status. It is also necessary to include digital rights, digital currencies and brokerage accounts in the list of objects subject to declaration for the purpose of amnesty. It is advisable to carry out redomicilation of legal entities wishing to return domestic capital from any countries.

53-62 272
Abstract

Recently, the UK and EU have introduced legislation in the field of generative artificial intelligence, using different models of legal regulation. China, based on the experience of different countries, has taken an eclectic position in relation to generative artificial intelligence. The Cyberspace Administration of the People’s Republic of China has published a number of regulations to regulate generative artificial intelligence services that create content based on data sets. The article provides an overview of legal regulation in the field of generative artificial intelligence, analyzes the shortcomings and features of Chinese legislation in this area, and offers recommendations for its improvement, which can be used, among other things, to change Russian legislation in this area.

63-68 234
Abstract

Participants in civil legal relations negotiate in completely different situations, which can be generally represented in two forms: as a stage preceding the conclusion of an agreement, and as a way to resolve a dispute, which can be more effective than litigation. Argument and conflict are not the same thing, and it is because of this difference that negotiation can help with a task that at first glance is not solvable. At the same time, to negotiate correctly and effectively, to come to an agreement is a certain skill that will work the better, the more people train it in themselves. One way or another, the movement of the dispute leads to negotiations, and the skill of conducting them makes it possible to resolve a large number of civil law disputes without resorting to jurisdictional forms.

69-76 190
Abstract

The article analyzes such a measure as the removal of a child by decision of the guardianship and trusteeship authorities, which was allowed in 1927–1968, after which it was canceled, and since 1996 it has returned to family law and has become allowed not in all cases of inappropriate parental behavior, but only if there is an immediate threat to the life and health of the child. An assessment is also given of bills devoted to reforming the norms of the Family Code of the Russian Federation on the removal of a child by decision of the guardianship and trusteeship authorities. The article presents arguments in favor of the legislative idea of the need to deprive guardianship and trusteeship authorities of the powers to independently extrajudicially remove a child from the family and leave these powers only to police officers.

77-87 119
Abstract

Cooperation carried out within the framework of public-private partnerships is characterized by high risks of dishonest behavior of the parties to the agreement. The circumstances that encourage dishonest behavior of the state and private partners are considered. The stages of implementation of public-private partnership projects have been established, at which the risk of dishonest behavior is the highest. Recommendations aimed at minimizing such risks are proposed. It is concluded that it is necessary to increase the transparency of ongoing procedures, expand the parameters taken into account and controlled when making decisions within the framework of public-private partnerships, the importance of detailed documentation of the facts of economic life and attract public attention to public-private partnerships.



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ISSN 2542-0410 (Print)