THEORETICAL AND HISTORICAL LEGAL SCIENCES
The article examines the process of evolution of ideas about the national-state structure of Russia in the 19th – early 20th centuries. The origins of the idea of federalization of the state are established, approaches to federation and their development are analyzed. It is concluded that by the beginning of the 20th century the most widespread idea was a united and indivisible Russia. Radical changes in the approach to the national-state structure were associated with the evolution of the Bolshevik ideology. The process of its transformation and final design is described and analyzed, the main reasons are identified.
The article discusses the legal aspects of the institute of compensation for damages to indigenous small-numbered people (ISNP) from the economic activities of subsoil users in Russia. Special attention is paid to the genesis of this institute in Russian Federation legislation since the 1990s. The focus is on the regional peculiarities of legal regulation in the Republics of Khakassia, Sakha (Yakutia), and Krasnoyarsk region. The problems of law enforcement practice, issues of fair balance between ISNP rights and subsoil users, and the need for legislative measures to improve the compensation mechanism are also discussed.
PRIVATE LAW SCIENCES
In the Russian legal order, the exclusion of an organization from the Unified State Register of Legal Entities by decision of the registration authority statistically prevails over other grounds for termination of civil legal capacity. The actual grounds for exclusion from the register are mainly legal structures in which the passive behavior (inaction) of the legal entity itself and its creditors are the main circumstances. There is a dynamic of positive law in this area: now a legal entity can lose its civil legal capacity at the initiative of its founders – as a result of the active behavior of civil law entities. An analysis of the norms of the law and official statistics leads to the conclusion that the rules on the exclusion of legal entities from the register, coupled with a flexible legal (registration) policy, make it possible to stabilize the number of subjects of economic relations. The emergence of a normative model for the exclusion of legal entities from the register is a consequence of complex technical and economic processes: an increase in the intensity of civil property turnover, digitalization of society and the economy.
The article examines the concept of deoffshorization from the perspective of various sciences. From an economic point of view, the emphasis is made on reducing the role of the offshore factor in Russian business by decreasing the number of offshore companies used or the quantitative value of capital outflow. From a legal point of view, that is a set of measures for state regulation of the economy, which is aimed at limiting (stopping) capital outflow to offshore jurisdictions. It is argued that they should be implemented using not only binding and prohibitive, but also stimulating legal means that promote domestic investments, both internal and external, carried out by Russian individuals and legal entities. The lack of a unified legal definition, ambiguity in the content and legal meaning of the legal means to be applied do not allow the full potential of deoffshorization to be realized.
This article covers key aspects of foreign investment regulation in education in the BRICS countries (Brazil, Russia, India, China and South Africa), analyzes the legal specifics of each country’s approach to foreign investment in education, and offers recommendations for improving the investment climate and legal regulation in this sector. The analysis identifies similarities and differences in the legal frameworks of these countries, paying special attention to the principles of openness, investor protection and compliance with international standards. The article identifies the main challenges faced by foreign investors, including administrative barriers, legislative instability and cultural differences. Recommendations are offered for improving the legal regulation of foreign investment in education, including the development of a multilateral agreement within the BRICS, harmonization of investor protection standards and support for educational technologies. The study concludes that harmonization of the legal frameworks within the BRICS can create a stable environment for attracting foreign investment and modernizing education systems.
The paper considers practice-oriented problems of civil law protection against defamation, highlights the main legal algorithms for protection against defamation. Based on the analysis of normative provisions and judicial practice, the author comes to the conclusion that the available guidance clarifications on the application of legal norms do not actually ensure uniformity in their application in practice. The terminology used by the legislator is characterized by evaluation, which creates prerequisites for an expansive and incorrect interpretation of the provisions of the law, as a result of which the success of protection against defamation depends not only on the state of legal security (regulatory framework), but also to a large extent on the quality of law enforcement of the relevant legal norms.
The article examines the issues of legal regulation of information cooperation between sides of social partnership in the industrial relations. The doctrinal positions in the area under consideration, as well as the current Russian and foreign legislation, are analyzed. The relevance of information cooperation is substantiated not only in the traditional model of labor organization, but also in platform work. It is concluded that mutual informing between sides on issues of regulating labor relations and other relations directly related to them is an independent form of social partnership. The need for legislative establishment of a bilateral obligation to provide information is proved. The principles of information cooperation are formulated. A mechanism for implementing information cooperation between sides of social partnership is proposed and disclosed.
CRIMINAL LAW SCIENCES
The article discusses the current problems of legal assessment of the use of various types of information in the commission of crimes against property. As a result of the conducted research, several criteria have been formulated that endow certain information with the quality of “sensitivity”. It is concluded that any information can acquire the quality of a threat based on its content, form, expression and transmission to the addressee, as well as the peculiarities of the addressees’ subjective perception of such information.
The article is devoted to the consideration of the problem of differentiation of criminal liability for organising prostitution (Article 241 of the Criminal Code of the Russian Federation) and qualification of this crime when it is committed as part of a group of persons by prior conspiracy or an organised group. Based on the analysis of judicial statistics, the authors argue the need to use as a tool for differentiating criminal liability for organising prostitution the qualifying circumstances of committing the crime by a group of persons by prior conspiracy or an organised group. Special attention is paid to the issues of qualification of organisation of prostitution committed in group forms of complicity, such as the establishment of signs of an organised group, the need for additional qualification of criminal activity under articles on banditry and organisation of a criminal association.
The article discusses current issues of preventing women’s crime as the most humane and rational way to combat crime. The main directions of female crime prevention are analyzed, which include legal, economic, political, social, ideological and psychological measures. The reasons for the insufficient effectiveness of current measures to prevent women’s crime are indicated. The analysis provided the basis for the formulation of some recommendations on its basis to improve the effectiveness of the prevention of women’s crime, in particular, the creation of a separate unit specifically engaged in the study and prevention of this type of crime and coordinating the activities of its subjects. It is concluded that it is necessary to jointly develop a more advanced mechanism for the interaction of all subjects of preventive activities among themselves, since preventive measures can be effective only with an integrated approach.
The article examines the main problems associated with the legislative definition of the terms of application of preventive measures in criminal proceedings. The maximum terms of application of the ban on certain actions, bail, house arrest and terms of detention are analyzed in detail. Based on the analysis, amendments to the criminal procedure legislation are proposed related to the specification of the terms of application of preventive measures during the investigation of a criminal case in the form of an inquiry; the establishment of terms of application of all prohibitions on certain actions; the consolidation in the law of the maximum terms of application of bail; the definition of specific periods of time for which the application of preventive measures can be extended upon expiration of the maximum terms.