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Publications of Purge Anna Rolandovna
Legal Studies, 2021-9
Purge A.R. - On the property responsibility of genetic parents under the surrogacy agreement: experience of the Russian Federation and the Republic of Tajikistan pp. 218-227

DOI:
10.25136/2409-7136.2021.9.35923

Abstract: The object of this research is the institution of property responsibility of genetic parents under the surrogacy agreement established in legislation of the Russian Federation and the Republic of Tajikistan, as well as the problematic of practical implementation of the surrogacy agreement. The subject of this research is the legislative norms that regulate the procedure of bringing genetic parents under the surrogacy agreement to property responsibility in the territory of the Russian Federation and the Republic of Tajikistan; corresponding materials of law enforcement practice; statistical data and reports published in the official mass media. The scientific novelty of consists in analysis of the problems of property responsibility of genetic parents under the surrogacy agreement, which was concluded in the territory of the Republic of Tajikistan. The main research results lies in the development of the original pointwise proposals on the long-term solution to these issues (it is worth noting that such proposals have not been previously expressed in the context of legal experience of the Republic of Tajikistan).
Legal Studies, 2021-5
Purge A.R. - The problems of legal regulation of cryopreservation: the experience of the Russian Federation and the Republic of Tajikistan pp. 48-57

DOI:
10.25136/2409-7136.2021.5.35712

Abstract: The object of this research is the social relations emerging with regards to cryopreservation procedure as one of the assisted reproductive technology, as well as the problems of legal regulation of such relations (based on the experience of the Russian Federation and the Republic of Tajikistan). The subject of this research is the legislative norms that regulate the cryopreservation procedure currently effective in Russia and Tajikistan; corresponding law enforcement practice; statistical data and publications of the official media sources. The scientific novelty consists in carrying out a comprehensive comparative legal analysis of the peculiarities of legislative regulation of cryopreservation procedure in different world’s countries (on the example of the Russian Federation and the Republic of Tajikistan), determination of the existing problem, and development of their possible solutions. The acquired results encompass the author’s original recommendations aimed at elimination of the detected problems of legal regulation of this method of assisted reproductive technology, which usually requires the development and adoption of the special normative legal act that would regulate the cryopreservation procedure in both, the Russian Federation and the Republic of Tajikistan.
Administrative and municipal law, 2021-4
Purge A.R. - Assisted reproductive technologies: correlation between public law and private law principles pp. 59-68

DOI:
10.7256/2454-0595.2021.4.36549

Abstract: The object of this research is the correlation between public law and private law principles in the context regulation of the use of assisted reproductive technologies in the Russian Federation and the Republic of Tajikistan. The subject of this research is the norms of the Russian and Tajik legislation that regulates the procedure of using assisted reproduction technologies, as well as public law and private law principles of their regulation. The scientific novelty of this work lies in carrying out a comprehensive analysis of the relevant problematic on correlation between public law and private law principles in the context of regulation of the use of assisted reproductive technologies in the Russian Federation and the Republic of Tajikistan (taking into account the contradiction and conflicts of law of these legal relations). The author’s special contribution lies formulation of the original proposals for the progressive solution to the problem of correlation between public law and private law principles in regulation of the use of assisted reproductive technologies in the territory of the Russian Federation and the Republic of Tajikistan.
Administrative and municipal law, 2020-5
Purge A.R. - To the question of legal nature and directions of social control pp. 48-59

DOI:
10.7256/2454-0595.2020.5.32964

Abstract: Examination of the legal nature of social control is one of the key trends in its development, while maintaining a balance between democratic and humanistic values on the one hand, and requirements of imperative and authoritative-compulsory method of public administration on the other. The object of this research is the questions related to realization of social control in the Russian Federation. The subjects of this research became the public relations associated with the grounds and order of execution of social control in the Russian Federation. Research methodology contains the general scientific methods (of sociology, political science and logic) along with special legal methods, namely the methods of legal-systematic analysis. Current social processes are characterize by two oppositely directed trends: on one side, strengthening of the middle class, layer of business owners and self-employed citizens, development of the element of capitalism; while on other side – the complication of social life, demand for the new and more effective means of administrative control, which is reflected by epidemic situation in Russia. Therefore, the conducted assessment of development capacity of social control should consider its impact (which is not always positive) on the capabilities of public administration. An attempt is made to align the development of social control with the demand for improvement of administrative regimes.
Administrative and municipal law, 2020-1
Purge A.R. - To the question on the need for expansion of administrative legal regulation of family relations pp. 1-9

DOI:
10.7256/2454-0595.2020.1.31738

Abstract: The object of this research is the questions of ensuring protection of persons from domestic violence in the Russian Federation. The subject of this research is the administrative legal relations associated with legislative establishment and practical implementation of the necessary means for prevention domestic violence. The author explores a number of other relevant steps towards expansion of administrative legal regulation in the Russian family relations, which pursue the goal of establishing administrative legal guarantees in the Russian Federation from unjustified intrusion into the family’s affairs. The application of formal-legal methodology based on the analysis of legal categories and constructs allowed determining the role and significance of administrative legal means for prevention of domestic violence proposed in legislative projects. The importance and novelty of the conducted research consists in comprehensive assessment of the provisions of the Federal Law Project “On Prevention of Domestic Violence in the Russian Federation” and introduced recommendations on its improvement. The relevance is defined by the fact that the problem of “domestic violence” has not previously been an object of due attention on behalf of the government.
Administrative and municipal law, 2019-6
Purge A.R. - Comparative Analysis of Maintenance Obligations Under the Legislations of the Russian Federation and Muslim Countries pp. 24-34

DOI:
10.7256/2454-0595.2019.6.30911

Abstract: This article is devoted to the legal regulation of maintenance obligations in the Russian Federation and several Muslim countries. Purge pays special attention to the description of conditions and terms for collection of child maintenance and comparative analysis of these terms in Russia and Muslim states. The object of the research is the relations between parents and children in the sphere of family law and comparison of these relations in the Russian Federation and Muslim countries. The subject of the research is the legal laws and regulations that ensure efficiency of the legal regulation of these relations. In the course of the research Purge has applied general research methods (logics and philosophy) as well as comparative law and formal law approaches to carry out comparative analysis. The theoretical novelty of the research is caused by the fact that the author carries out comparative analysis of the legal norms in the Russian Federation and Muslim countries on child maintenance obligations. The practical novelty of the research is caused by the author's suggestions and recommendations on the legal regulation of maintenance obligations taking into account the experience of the Russian Federation and several Muslim states. The author makes a conclusion that there is a great number of different approaches to the regulation of family relations based on religious principles and legal provisions. 
Administrative and municipal law, 2019-4
Purge A.R. - Some Issues of the Legal Regulation of Carriage-By-Sea Contracts pp. 1-6

DOI:
10.7256/2454-0595.2019.4.29693

Abstract: The article is devoted to the analysis of particular issues that may arise in the process of legal regulation of carriage-by-sea contracts including termination and elimination of such contracts. The object of the research is the social relations arising in the process of conclusion and termination of carriage-by-sea contracts. The subject of the research is the provisions of maritime and civil law that ensure efficient legal regulation fo relations resulting from carriage-by-sea contracts. Solutions of aforesaid problems must become a priority for Russian legislator and contribute to the development of maritime law. In the course of the research Purge has applied both general research methods (adopted from philosophy and logic) and special law methods that allowed to analyze legal definitions and to make their comparison. The theoretical novelty of the research is caused by the fact that the author analyzes legal provisions and examples of judicial practice of the Russian Federation that regulate relations arising in the process of carrying cargo by sea. The practical novelty of the research is caused by the fact that the author makes particular recommendations on legal regulation of relations arising out of carriage-by-sea contracts concluded in the territory of the Russian Federation. 
Administrative and municipal law, 2018-10
Purge A.R. - Administrative Procedure for Marriage Registration in the Russian Federation and Some Islamic Countries pp. 16-28

DOI:
10.7256/2454-0595.2018.10.27865

Abstract: This article is devoted to the legal regulation of the administrative procedure for marriage registration in the Russian Federation and some Islamic countries. The author pays special attention to the description of the conditions for marriage registration and comparative analysis of these conditions in Russia and Islamic countries. The object of the research is the actual social relations arising as a result of marriage registration in the Russian Federation and some Islamic countries. The subject of this research is the legal provisions of administrative, family and civil law that ensure efficiency of the legal regulation of the aforesaid relations. In the course of the research the author has used general research methods (philosophy and logics) as well as comparative law and formal law approaches that allow to create a legal definition and carry out a comparison thereof. The main conclusion fo the research is that it is possible to extend conditions for marriage registration in a particular Russian Federation constituent in accordance with religious traditions of individuals inhabitting the territory. The theoretical novelty of the research is caused by the fact that the author carries ot a comparative anlaysis of the legal provisions of the Russian Federation and Islamic countries that regulate the aforesaid relations. The practical novelty of the research is caused by the fact that the author makes particular suggestions regarding the legal regulation of the marriage registration in the Russian Federation taking into account the experience of Islamic states. 
Administrative and municipal law, 2018-8
Purge A.R. - Regarding the Need to Extend the Administrative Regulation of Family Relations in Russia pp. 1-6

DOI:
10.7256/2454-0595.2018.8.24751

Abstract: The present article is devoted to the administrative regulation of family relations in the Russian Federation. The aim of imposing administrative responsibility in family relations is to protect the rights and legal interests of all family members in accordance with the law of the Russian Federation. The object of the research is the actual social relations that may arise in the process of state regulation of family and childhood. The subject of the research is the standards of administrative and family law that ensure efficiency of the legal regulation of family relations. In the course of the research Purge has used general research methods (philosophy, logics, gnoseology) as well as formal law approach that allows to define legal terms, classify them, interpret legal acts, etc. The main conclusion made by the author is that there is a certain need to extend the administrative regulation of family relations, in particular, the parent-and-child relations. The theoretical novelty of the research is caused by the fact that the author provides additional arguments that prove the need to reinforce administrative (public law) beginning in the legal regulation of family relations. The practical novelty of the research is caused by the author making suggestions de lege ferenda regarding efficient legal regulation of family relations. 
Administrative and municipal law, 2017-9
Purge A.R. - Administrative responsibility in family relations pp. 1-9

DOI:
10.7256/2454-0595.2017.9.24198

Abstract: The article studies the procedure of imposition of administrative responsibility for the breach of obligations in family relations. The research object is family and administrative relations begotten by the breach of obligations by family members. Administrative responsibility in family relations is aimed at legal protection of rights and legal interests of family members and other relatives and persons in cases and within the limits specified by the legislation of the Russian Federation. The author uses general scientific and specific research methods. The comparative-legal method is used to analyze the new and the old rules. The formal-legal method is also used. The author concludes that the Administrative Offences Code of the Russian Federation contains very few compositions connected with family relations. The author believes it is necessary to include the fact of improper parenting into the circumstance in proof in administrative proceedings involving juveniles. It must be noted that administrative responsibility in family relations hasn’t been studied properly so far, the author uses the materials of the only currently existing thesis research. 
Administrative and municipal law, 2017-8
Purge A.R. - Legal characteristics of civil responsibility for the damage done by law enforcement and judicial authorities pp. 19-25

DOI:
10.7256/2454-0595.2017.8.24009

Abstract: The present article studies the theory and practice of legal responsibility of the state for the damage done by law enforcement and judicial authorities. The research object is the scope of civil, administrative and procedural relations, connected with responsibility for the damage done by judicial and law enforcement authorities. The research subject is the regulations of Russian legislation on delictual responsibility and law enforcement practice of courts of general jurisdiction of consideration of disputes over compensation of damage done by law enforcement and judicial authorities. The author uses general scientific and specific methods of cognition; the comparative-legal method is used for the analysis of the new and the old legal norms. The formal-legal method is also used. The analysis of law-enforcement practice of courts, which impose responsibility on the state for the actions of law-enforcement authorities, reveals not only the criteria and peculiarities of this form of responsibility, but also the tendencies of the legal policy of the state, its consistency in respect of its own responsibility to private individuals for the actions of its officials. The ability of the state to take the responsibility for the condition of justice, struggle against crime and protection of property rights can also be assessed as excellent from the position of the principles of legal regulation and the practice of using the institution of responsibility of the acts of the authorities.  
Legal Studies, 2016-8
Purge A.R. - Adjudication of disputes between parents about the abiding place of an underage child pp. 27-37

DOI:
10.7256/2409-7136.2016.8.19824

Abstract: The research subject is the set of provisions of Russian family legislation regulating the procedure of defining the abiding place of an underage child of the parents living apart, and the law enforcement practice of courts of general jurisdiction in the consideration and adjudication of such disputes. The research object includes family and adjective relations between the parents of an underage child arising during the consideration and adjudication of disputes about defining the abiding place of an underage child. The author applies general and special scientific methods. To analyze the new and the old family law rules, the author uses the comparative-legal and the formal-legal methods. The article studies the practice of application of legal norms in the adjudication of disputes about the abiding place of a child. The variety of factors causing the family crisis and, subsequently, the disputes between parents about the abiding place of a child, testify to a necessity to use the existing potential of measures, aimed at the protection of rights and lawful interests of the participants of family relations, and to form new mechanisms of family, maternity, paternity and childhood support. The author’s analysis helps reveal the existing shortcomings in this sphere of family relations and the possible ways of their overcoming. The author concludes that one of the problems of defining the abiding place of a child with one of the parents is the enforcement of court decision. Court decisions on such cases are often not observed by the parties, and it causes new family rights cases. 
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