Abstract: The established practice of applying Articles 330-333 of the Civil Code of the Russian Federation does not always contribute to the effective use of penalties to ensure the fulfillment of obligations. This may be due to the lack of a legal definition of "lost profit" in the law, clear criteria for the apparent disproportionality of the penalty to the consequences of non-fulfillment of the obligation, with the presence in Article 330 of the Civil Code of the Russian Federation of the evaluation category "apparent disproportionality", which the courts interpret differently, and sometimes bypassing explanations on this score of higher judicial instances. Legal uncertainty is created by the norms of Parts 1 and 2 of Article 333 of the Civil Code of the Russian Federation, which do not allow making an unambiguous conclusion about the legality of applying their provisions to reduce the legal penalty to persons engaged in entrepreneurial activity. The subject of scientific research is to identify problematic issues of law enforcement practice to reduce the penalty in accordance with Article 333 of the Civil Code of the Russian Federation. The paper uses formal legal and comparative legal analysis of judicial practice in order to formulate the author's conclusions regarding the subject of the study.Through the application of this methodology, it was established that the courts are based on the norms of Articles 330-333, 394 of the Civil Code of the Russian Federation, explanations of the Plenum of the Supreme Court of the Russian Federation No. 7 of 03/24/2016, No. 81 of 12/22/2011, acts of the Constitutional and Supreme Arbitration Court of the Russian Federation, as well as on the provisions of federal laws and other regulatory legal acts, however, the practice of applying Part 1 of art. 333 The Civil Code of the Russian Federation in relation to persons engaged in entrepreneurial activity is dichotomous, there is no uniformity. According to the results of the study, problems were identified, solutions were proposed, expressed in the consolidation in Article 333 of the Civil Code of the Russian Federation of clear grounds (criterion) for reducing the penalty in order to avoid excessively broad judicial discretion, and in fact arbitrary judicial interpretation of the apparent disproportionality of the penalty to the consequences of non-fulfillment of the obligation.

DOI: 10.7256/2454-0706.2023.11.68975

Abstract: The subject of the study is a comparative legal analysis of Russian and foreign legislation in terms of the legal nature of the civil penalty as an interim measure in order to implement positive experience in Russian law enforcement practice. The author examines in detail the legislative foundations of the civil penalty by the EU countries, the USA and England in terms of establishing a common and different legal essence, and legislative meaning in the formulation of provisions aimed at the implementation of this institution by subjects of property relations. The substitution of the security function of the civil penalty by a foreign legislator, its "sanction" essence, is noted, however, along with this, the unconditional observance by the US courts of the freedom of expression of the parties to the contract in terms of determining the rules for the application of the penalty is seen as a positive experience. The author believes that such an approach can be copied in Russia, where the courts take a slightly different position, reducing the penalty on the debtor's application in the vast majority of cases. The paper uses a comparative legal analysis of foreign practice of civil penalty regulation in order to formulate conclusions regarding the subject of the study. Through the application of this methodology, it was found that, in foreign countries, unlike Russia, a civil penalty is applied as a measure of civil liability, and not a security one, which does not affect the positive practice of its application. The main conclusions of the study, along with the definition of similarities and differences in the application of the civil penalty by Russian and foreign legislators, are: the predominance of the security function of the Russian model of penalty, stimulating contractual discipline of participants in property relations; a "rational" approach to establishing the right of the parties to reduce the size of the penalty, ensuring a balance of interests of the parties; determining the possible copying of positive American experience in terms of unconditional compliance with the freedom of expression of contractual regulation of the civil penalty by entrepreneurs by fixing in the Civil Code of the Russian Federation a written confirmation of the creditor's right to recover the penalty in case of delay of the obligation or its improper performance and acceptance of such performance by the creditor. Such a rule makes it possible to strengthen the security function of the penalty and act as a way to protect the interests of the creditor in the event of improper (defective) performance of the obligation by the debtor.

DOI: 10.7256/2454-0684.2023.2.43808

Abstract: The subject of this paper’s research is the peculiarities of legal regulation and development of the e-commerce market during the COVID-19 pandemic. The author examines in detail the concept of "e-commerce," which is understood as an economic sphere that combines trade and financial transactions that are carried out through contactless interaction of the parties involved. The article also analyzes the system of legal regulation of the e-commerce market and identifies trends for further improvement. Particular attention is paid to the impact of the pandemic on civil law turnover, resulting in the e-commerce market becoming the dominant commodity exchange in the Russian Federation. The study provides statistics on commodity exchange on online platforms for 2021–2022, which has grown significantly compared to previous years. The author’s main conclusions are that the COVID-19 pandemic accelerated the processes of digitalization in all spheres of public life, as a result of which trade and financial transactions, for the most part, began to be carried out via the Internet and laid the foundation of the digital economy; to date, electronic commerce has become predominant, but is not devoid of shortcomings of legal regulation; trends of strengthening digital transformation are aimed at delineating the legal status and responsibility of participants in trade ("marketplace," "online store," etc.), expanding the list of types of digital assets and determining their legal regime (account, etc.).

DOI: 10.25136/2409-7136.2022.12.39370

Abstract: The subject of the study is the legal relations related to the implementation of the principle of good faith by the participants of corporate law. The author examines the acts of interpretation that reveal the essence of good faith behavior in corporate legal relations. Sets itself the following questions based on the analysis of legislation, scientific materials and law enforcement practice, related to the definition of legal problems related to the implementation of the principle of good faith. Particular attention is paid to the integrity of the sole body of a legal entity, the current state of legislation and law enforcement practice is investigated, in terms of specifying the integrity of behavior. The authors establish their insufficiency, the need for additional doctrinal research in the context of an innovative revision taking into account modern civilizational (political) risks and threats. Based on the study of Russian legislation and the practice of implementing the principle of good faith in corporate legal relations, the authors conclude that their doctrinal rethinking is necessary, only judicial clarification of the criteria of good faith of the executive body of a legal entity is established, their insufficiency is determined in the context of the actual civilizational and political-legal situation in the country. The results of the scientific research are the establishment of the insufficiency of the application of the criteria for determining the integrity of the executive bodies of a legal entity, defined by the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 30.07.2013 No. 62 "On certain issues of compensation for damages by persons who are part of the bodies of a legal entity". The authors raise the question of the need to rethink the criteria of good faith, taking into account civilizational (political) risks and threats.

DOI: 10.7256/2454-0706.2022.11.39084

Abstract: The subject of the study in this paper is the transformation of the practice of applying legislation regulating the exemption from civil liability during the pandemic. The authors analyze in detail the content of such related categories: "force majeure" and "force majeure clause". The article highlights the features of exemption from civil liability due to insurmountable circumstances, their doctrinal clarification, the ratio of definitions. Separately, the materials of law enforcement practice of disputes related to non-fulfillment of obligations due to the introduction of restrictive measures related to the spread of COVID-19 are analyzed in the context of identifying the nature of such restrictive measures and the possibility of their attribution to force majeure circumstances exempting from civil liability. The novelty of the study is determined by a small number of scientific papers, a wide range of legal problems that have arisen as a result of numerous judicial practice of fulfilling obligations in the context of the implementation of restrictive measures and self-isolation regime in the context of countering the spread of COVID-19. Special attention is paid to the analysis of normative legal acts defining the specifics of the implementation of contractual obligations between counter-parties due to the introduction of restrictive measures during the pandemic. The main conclusions of the author are: the COVID-19 pandemic itself does not relate to a force majeure circumstance, but is qualified by Russian courts as a kind of force majeure, in connection with which the authors consider it necessary to propose a new version of Article 401 of the Civil Code of the Russian Federation.

DOI: 10.25136/2409-7136.2022.11.39102

Abstract: The subject of the study is the legal relations arising in connection with the turnover of digital financial assets in the context of determining the prospects for further improvement of their legal regime. The purpose of the study is to determine, on the basis of legislation, scientific materials and law enforcement practice, the range of legal problems arising in connection with and about the inheritance of digital financial assets, and to establish possible ways to overcome them. The methodological basis of the research is a set of methods of scientific cognition of objective legal reality, namely: the method of synthesis, the method of analysis, the method of induction and the method of deduction, as well as the comparative legal method. The scientific novelty lies in the absence of doctrinal studies on the inheritance of digital financial assets, along with the fact that the needs of the professional environment are already experiencing the need for a legal mechanism for the implementation of the rights of heirs to digital property. In the content of the scientific article, based on the analysis of the current legislation, a range of legal problems affecting the possibility of their application within the framework of hereditary legal relations is defined, in particular: the dualism of the material-binding nature of digital objects does not allow to determine the composition of the hereditary mass; the order of inheritance of such objects is not normatively defined. The study identifies the prospects for legislative regulation, ways to eliminate legal problems, including on the basis of the experience of foreign law and order. The conclusions and results of the study can be used as a basis for the development of methodological recommendations of the Federal Notary Chamber of the Russian Federation regarding the determination of the order of inheritance of digital property.

DOI: 10.7256/2454-0706.2022.10.39022

DOI: 10.25136/2409-7136.2022.9.38711

Abstract: The subject of the study is to establish the relationship between the cognitive properties of persons authorized to accept legally significant decisions and the results of their activities. The possibility of measuring the instantaneous level of intuitive abilities in representatives of legal professions has been empirically proven. The authors consider in detail the possibilities of using digital tools to create tools that allow quantifying the level of physical intuition in various focus groups. The target audience was employees of the investigative committee, lawyers and civil servants of the supervisory authority. Special attention is paid to the identification of indicators - criteria of intuition, depending on the direction of activity, work experience and gender identity of respondents, determining the result of a legal decision made by the subjects of professional activity. The main conclusion of the authors is the necessity and possibility of developing a program for measuring intuition and testing it among officials who make legally significant decisions, which made it possible to establish the influence of cognitive abilities on the result of this activity, determine the mechanism of intuition, predict the effectiveness of legal decisions. A special contribution of the author to the research of the topic is the development of digital tools (on the example of databases), which forms the basis of empirical testing of theoretical hypotheses that the quantitative measurement of the average level of instant intuitive abilities using digital technologies is important in assessing the adoption of a legally significant decision. The scientific novelty of the research is determined by the lack of scientific and evidentiary developments devoted to the study of intuition and the mechanism of its influence on the subjects of legal activity.

DOI: 10.25136/2409-7136.2021.12.37062

Abstract: The need for the reform of civil legislation and, namely, the real right, is a frequently discussed and valid problem of the Russian civil law. The solutions this problem have been devised for over a decade, which resulted in the Concept of the Development of Legislation on Real Right that presents the fundamentally new system of limited real rights, particularly the superficies. The subject of this article is the institution of superficies, the establishment of the real right essence of which comprises the hypothesis of scientific research. The authors examine the doctrinal provisions that regulate the legal nature and essence of this phenomenon, outline the advantages of the right of superficies with regards to the practice of application of lease obligations under the condition of superficies, analyze the foreign experience of exercising the right of superficies for its implementation by the Russian legislator within the framework of finalizing the Concept of the Development of Legislation on Real Right. The conclusion is made on the prospects for regulating superficies as the real right due to the existence of reasonable advantages with regards to tenancy, as well as on establishment of possibility of abusing such right by the developers (tenants) in the context of application of the provisions of the Article 39.20 of the Land Code of the Russian Federation – benefits in acquisition of the right to public land; feasibility of consolidation of the nature of the right of superficies in the aspect of using proprietary methods of protection (including the claims of the owner) that would ensure and guarantee the holder of the right of superficies the protection against claims of third parties, including landowner; finding compromise solution with regards to securing guarantees for compensation payment to the superficiary for the build real estate object if the right of superficies is terminated. This would allow retaining the principle superficies solo cedit and enhancing the proprietary nature of the right of superficies.

DOI: 10.7256/2454-0706.2021.12.37093

Abstract: Succession law implies several types of testament, one of which is the testament in emergency circumstances. From the scientific perspective, such form of expression of will is referred to as atypical and acts as a subject of this research. Such method of documentation of the last will of the testator is intended to facilitate the usual form of testament due to the extraordinariness of the situation the person found himself in. However, the analysis of the civil legislation of the Russian Federation and judicial practice demonstrates that the norms on the testament in emergency circumstances contain more impediments than facilitation of the procedure. This determines the problem of the legal phenomenon under review. The article examines the norms of succession law that regulate the testament in emergency circumstances, doctrinal provisions on the effectiveness of its legal regulation, as well as judicial practice on the matter for the detecting the problems and ambiguities of this legal phenomenon, which is given special attention, since all shortcomings of the legislator are usually manifested through law enforcement. The novelty of this research lies in analysis of the practice of application of the institution of testament disposal in emergency circumstances in order to determine the range of relevant issues and proposals aimed at the improvement of legal regulation of the atypical form of testament. The conclusion is made on the possibility of using electronic or technical means for certification of testament in emergency circumstances; refutation of the provisions of the Chapter 2, Paragraph 1 of the Article 1129 that stipulate the validity of such testament, presence of two witnesses, and handwritten expression of last will with the signature of the testator as mandatory requirements; need for legislative consolidation of the signs of extraordinariness of situation, and determination of situations that should be regarded by law enforcement officials as life-threatening, which also include sudden deterioration of health.

DOI: 10.25136/2409-7136.2021.11.36927

Abstract: The subject of this research is the novelty of civil legislation – hereditary fund, which is characterized by dual legal nature; on the one hand, as a subject of inheritance law, while as property asset managed. The object of this research is the totality of legal relations that emerge due to creation of hereditary funds, determination of their legal status, and implementation of their activity associated with ensuring the safeguard of assets and effective management of mass of inheritance for the purpose of realization and protection of the property interests of beneficiaries (heirs, creditors). The author examines the current mechanism for creating a nonprofit fund in accordance with the provisions of legislation and civilized doctrine, and notary practice, as well as outlines a range of problems that affect unlocking full potential of this institution (property, social, and economic). The scientific novelty is reflected in the author's recommendations for solution a number of legal issues is creation of the hereditary fund. The conclusion is made on the need for further legislative and technical improvement of the provisions of hereditary funds in the Russian Federation, reducing imperativeness and expansion of the allowable principles in their legal regulation, namely a testamentary prescription on the creation of hereditary fund may determine the purpose and lists of activity of the hereditary fund, the subject and property responsibility for the implementation of registration acts with regards to creation of hereditary fund, as well as possibility of granting the beneficiary of the fund the rights of the sole executive body. The mandatory nature of prescriptions to establish 6-month term for registration of hereditary fund; application of the Article 10 of the Civil Code of the Russian Federation in the instance of abuse of the right to agree on candidates for the administration of hereditary fund; establishment of equality of rights to devised property of hereditary fund not only to beneficiaries, but also to forced heirs (creditors) in appropriate shares.

DOI: 10.7256/2454-0595.2019.4.30200

Abstract: The object of the research is the abuse-of-right phenomenon. The subject of the research is application of regulatory standards that regulate abuse of right used to resolve disputes and complaints concerning internal procurement of goods, works and services. The authors focus on the analysis of law-enforcement practice of Russia's Federal Anti-Monopoly Service that apply provisions of Article 10 of the Civil Code of the Russian Federation in cases unsolvable by direct statutes, of whether it is possible to apply these provisions by other parties besides courts, arbitration courts and referees courts. The methodological basis of the research includes general and special research methods such as analysis, induction, comparison, hermeneutical and legal dormatic analysis. The scientific novelty of the research is caused by the fact that the authors analyze practical implementation of Article 10 of the Civil Code of the Russian Federation by Russia's Federal Anti-Monopoly Service from the point of view of legality and reasonability of such actions as well as their compliance to the definition of abuse of right. The main conclusions of the research are the following: Article 10 of the Civil Code of the Russian Federation is applicable in cases when particular legal provisions of federal laws are violated meanwhile abuse of right lies outside legal provisions and formally does not violate them (and when it does, actions should be qualified as offences). Contents of Article 10 of the Civil Code about 'other form' and 'other measures' create incidents when provisions are applied by unauthorized entities such as Russia's Federal Anti-Monopoly Service. The authors believe it is illegal to apply other consequences of abuse of right not covered by Article 10 of the Civil Code of the Russian Federation, in particular, to charge customer to review applications for participation in internal procurement.

DOI: 10.7256/2454-0595.2018.11.28105

Abstract: The subject of the research is the legal regulation of the Far Eastern lands that are granted based on the rental and lending right. The object of the research is the actual problems that may arise in the process of regulation and implementation of the Far Eastern Hectare state policy. The authors examine such aspects of the topic as the absence of a proper control over observation of land regulations, imperfection of the To the Far East federal information system, vast 'grey zones' that do not allow to give out land pieces, absence of particular criteria when re-issuing a freehold land, and the problem of property pieces that have never been registered before. The methodological basis of the research involves general and special research methods such as analysis, induction, comparison, hermeneutical and dogmatic analysis. This is the first time when the gratuitous use institution is studied by a law researcher through the analysis of the law on the Far Eastern hectare which proves the novelty and importance of the research. In the course of their analysis of the Far Eastern hectare law, the authors raise important problems that may arise in the process of its regulation and implementation and offer their solutions, in particular: 1. To amend the laws regulating the use land resources of intended purposes by conducting routine inspections by competent authorities half a year; 2. To set forth criteria for purchasing a land piece at the end of a five-year term of the land use, or to apply the principle of the payable land use and to make necessary amendments to the provisions of a special law; 3. To increase the term of inspection of a land piece up to 60 calendar days; 4. to take measures to cover 'grey zones' that would allow to uncover more unoccupied land pieces.

DOI: 10.25136/2409-7136.2018.9.27244

Abstract: The article is devoted to the study of the nature of the form of expression of the participants in civil turnover, and the problems of its enforcement in concluding franchise agreements, referred to in Russia as a contract of commercial concession. The urgency of the problems raised by the authors is directly related to the growing rates of growth of franchises in Russia. According to the Russian Franchise Association, Russia is the world leader in the growth of franchise companies and in 2018 in Russia 1050 franchise brands were recorded, 60% of which are brands of Russian companies. The subject of the research is the civil concession agreement as an institution of contract law in the context of identifying topical problems of law enforcement in terms of its form and validity, and in connection with this, proposals for improving civil legislation. To write this article, the authors have used general research methods (analysis and synthesis, generalization, deduction, comparison, analogy) and special research methods (comparative law and structured systems analysis). As a result of their research, the authors identify three topical problems of law enforcement including the lack of state registration of a commercial concession contract while the contract is actually executed by both parties. Particular attention is paid to the study of the legal nature of the state registration of a commercial concession contract in relation to the general requirements of its form, since the authors found that the courts in different ways qualify non-compliance with the requirements of state registration of a contract of commercial concession: in some cases the contract is null and void, others are considered valid. The novelty of the research is caused by the development of legislative proposals aimed at elimination of the the problems identified.

DOI: 10.7256/2454-0595.2018.7.27145

Abstract: The article is devoted to a nettlesome issue of preservation and protection of biological diversity as one of the main targets of the government management. This is the issue that needs a complex interdisciplinary solution. The government should take whatever action is possible to preserve and efficiently use important biological resources, and to reinforce control over the right to use and results of fishery resources development. Vronskaya analyzes whether it is possible to efficiently use a civil institution of invalidation of transactions as one of the means of protection of biological resources. Taking into account special features of the Far Eastern district, the author of the article focuses on transactions that interfere with public interests in water biological resources. In her research Vronskaya has applied the following research methods: analysis and analogy, comparative law method (in particular, comparing legal provisions of the Russian Federation and the Commonwealth of Independent States regarding the time allowed for claims to invalidate a transation), induction (to analyze means of civil protection of biological resources), and formal logic. The novelty of the research is caused by the fact that the author studies efficiency of applying civil (private) mechanisms to ensure public interests in preservation of water resources. Based on the analysis of the judicial practice of arbitration courts, the author of the article outlines the gaps in the legal rlegulation of the institution of water resources development and offers relevant solutions, in particular making amendments to laws on preservation of water biological resources.