Abstract: The subject of this study is the normative legal provisions of the application and functioning of baby boxes on the territory of various states. The object is the social and legal justification of the need in the modern world for the use of baby boxes in the context of the implementation of the constitutional principle of the child's right to life. Article 3 of the Universal Declaration of Human Rights enshrines the inalienable and inalienable right of every human being to life, and, of course, this requirement fully applies to every child. Moreover, the principle has been proclaimed at the international legal level, according to which the child is the exclusive object of protection by any state in the world and society: for example, in part 2 of Article 25 of the Universal Declaration of Human Rights it is enshrined that infancy and childhood give the right to special care and care. The methodological basis of this study is represented by a set of such methods of scientific cognition of objective legal reality, applied during preparation and writing, as: comparative analysis, as well as the formal legal method. In addition, the methods of scientific cognition of objective legal reality used by the author also include the logical method, system-structural analysis, and the method of legal modeling. The author analyzes the main social and legal reasons for the emergence and spread of the practice of using baby boxes in a number of foreign countries and in certain regions of Russia. Ambiguous points of view on the need for legal regulation and practice of using baby boxes in Russia are also presented today at the doctrinal level: some authors talk about the expediency and effectiveness of their use, others note their uselessness and insecurity, pointing to the existence of other mechanisms for voluntary parental abandonment of newborn children established by law. In the course of the analysis, the author presents the reasons for the need to introduce the practice of using baby boxes both in the Russian Federation and in other countries, and as a result, this entails the need for legislative regulation of the relations in question.

DOI: 10.25136/2409-7136.2024.2.69755

Abstract: The subject of the study is the norms of Russian family legislation regulating relations related to the procedure for establishing the fact of recognition of paternity. The object of this study is family and procedural relations arising in connection with the establishment of the fact of recognition of paternity. The concept of "illegitimate children" is one of the oldest in the history of law. His appearance is associated with the strengthening of the monogamous family. The universal principle of equality, declared for the first time in Soviet law, demanded the equalization of illegitimate children, including in rights with children born in marriage. However, until the very end of the action of the CPC of the RSFSR, such a fact as the recognition of paternity was absent from it. Since the procedural features of the proceedings to establish the fact of recognition of paternity could not be reflected in the IC of the Russian Federation – due to the material nature of the regulated relations, for the purpose of uniform application of civil procedure legislation regulating the procedure for considering cases of special proceedings, the fact of recognition of paternity was for the first time included in the list of facts of legal significance established by the CPC of the Russian Federation. Thus, the date of occurrence in the Russian civil procedure legislation of the institution of establishing the fact of recognition of paternity is (if we do not accept the judicial practice that created it) the date of entry into force of the Civil Procedure Code of the Russian Federation in 2002. In the course of the work, general scientific and special methods of cognition were used: comparative legal in the analysis of new and previously existing family legal norms, as well as the formal legal method. It cannot be said that the procedural rules for establishing paternity have not been the object of research in Russian jurisprudence. However, issues of non–search proceedings, issues of establishing the fact of recognition of paternity - attention in these studies has not been adequately paid, although procedural features and the presence of a considerable number of problematic aspects of the consideration of this category of cases are beyond doubt. So far, this institution has not been significantly demanded by judicial practice, but a special military operation implies an increase in its relevance, since in the absence of the serviceman himself, the court requires any evidence of the fact that he recognizes paternity in relation to the child. Currently, this status is particularly important for receiving social benefits that the State has guaranteed to members of military families.

DOI: 10.7256/2454-0706.2023.6.40900

Abstract: The object of the study is social relations, the regulation of which is carried out by establishing a legal structure. The subject of the research is the legal concepts of legal science, which allow designing and using cybernetic categories of modeling legal situations and phenomena in the legal field. The concept of legal construction is the result of applying a certain cybernetic method of cognition of law. One of the methods related to the tools of this method is the method of modeling. In other words, a legal construction is a model obtained as a result of applying a cybernetic modeling method to a public relation (or rather, to the method of legal regulation of this type of public relations). Among the methodological problems of the modern general theory of law, the problem of legal discourse stands out, i.e. the practical language spoken by law (the language of legal constructions), and the theoretical language in which they talk about law (the language of legal concepts). On the other hand, modern law-making activity requires the use of a variety of methods of legal regulation, the improvement of legal technology, allowing the best way to express the will of the legislator, contributing to the simplification and acceleration of the implementation and application of law. Such legal means include legal constructions. The paper substantiates the approach according to which the concept of legal construction is the result of applying a certain cybernetic method of cognition of law.

DOI: 10.7256/2454-0595.2023.2.40894

Abstract: The article is devoted to the analysis of individual problems of legal regulation of the state defense order in the Russian Federation. The object of the proposed study is the real social relations arising from the conclusion and termination of the state defense contract. The subject of this study is the norms of law that ensure the effectiveness of legal regulation of relations arising from the state defense contract. The resolution of the identified problems should become one of the priority tasks facing the domestic legislator in the course of improving this institution of law. In the course of the research, both general scientific methods of cognition (philosophy, logic) and comparative legal methods were used, allowing to carry out legal concepts and conduct their comparative analysis. The relevance and novelty lies in the fact that the issues of external security and, moreover, the defense of the Russian Federation in the last 30 years have been, as we can conclude now, not the most relevant – neither for the legislator (who has not yet formed a legal regime of wartime in criminal, administrative, or civil legislation), neither in the Russian civil law, which, although it paid some attention to the newly created public procurement system in 2014, has not yet dealt separately and specifically with the issues of the defense procurement system. It is concluded that, on the one hand, the Russian legal system for a long time completely lacked the model of relations of the state defense order in wartime, on the other hand, the Soviet civil–legal constructions used to mobilize industry, agriculture and transport during the Great Patriotic War were completely forgotten (due to their "planned" nature).

DOI: 10.25136/2409-7136.2022.11.39258

Abstract: The subject of the study is the regulatory and legal provisions of the surrogacy in the Russian Federation, Ukraine, the Republic of Belarus and the Republic of Moldova. The object of this study is the concept and essence of surrogacy as a method of assisted reproductive technologies in accordance with the current legislation of the Russian Federation and the CIS countries under consideration. The methodological basis is represented by a set of methods of scientific cognition of objective legal reality applied in the course of preparation and writing: comparative analysis (also known as the comparative legal method), as well as the formal legal method. In addition, the methods of scientific cognition of objective legal reality used by the author also include the logical method, system-structural analysis, and the method of legal modeling. The article discusses the main provisions of the institute of surrogacy of the Russian Federation and the CIS countries in a comparative legal aspect. The main normative legal acts fixing the general provisions on surrogacy in the CIS countries are outlined. The concept of surrogate motherhood is considered, its main features are outlined. The list of subjects entitled to apply for surrogacy services is indicated. The concept of a surrogate mother is considered and the main criteria for her are indicated. The scientific article highlighted the main problems existing in Russian surrogacy. Conclusions were drawn about the need to introduce certain provisions of the legislation of the CIS countries into the Russian legal reality in order to improve domestic legal regulation.

DOI: 10.7256/2454-0706.2022.11.39395

Abstract: The subject of the study is the regulatory and legal provisions of the Institute of surrogacy in the Russian Federation. The object of this research is the concept and essence of surrogacy as a method of assisted reproductive technologies in accordance with the current legislation of the Russian Federation. The methodological basis is represented by a set of methods of scientific cognition of objective legal reality applied in the course of preparation and writing: comparative analysis (also known as the comparative legal method), as well as the formal legal method. In addition, the methods of scientific cognition of objective legal reality used by the author also include the logical method, system-structural analysis, and the method of legal modeling. The sharp drop in the birth rate in Russia in 2022 exacerbates the issue of the early legislative establishment of legal mechanisms that have not yet been used by the Russian state, but which are quite capable of assisting Russian citizens in the use of assisted reproductive technologies, overcoming infertility and, ultimately, in the exercise of their conventional and legal rights to create a family and procreation. The author conducted a sociological observation based on the materials of websites specializing in informing citizens about assisted reproductive technologies, identified the most typical problematic and conflict situations in the relationship of potential biological parents and potential surrogate mothers, made conclusions and suggestions to eliminate the identified problems from social practice. In particular, it is concluded that it is necessary to organize departments at maternity hospitals specializing in monitoring the condition of surrogate mothers and their implementation of medical recommendations, including compliance with the pregnancy preservation regime.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

DOI: 10.25136/2409-7136.2017.8.23709

Abstract: This article studies the practice of application of legal provisions in settlement of disputes arising from a permanent rent contract. The object of this study is the civil and procedural relations connected with the consideration and settlement of disputes arising from a permanent rent contract. The subject of study is the provisions of Russian civil legislation regulating the relations connected with the conclusion, modification and termination of a permanent rent contract, and also law enforcement practice of courts of general jurisdiction consisting in consideration and resolution of disputes connected with a permanent rent contract. The author applies general scientific and special methods of cognition: comparative-legal method is used for the analysis of new and old civil rules. The author also applies the formal-legal method. With regard to the specificity of permanent rent, significant scope of judicial practice in recent years has been connected with entering into and participation in rental commitments of the successors (heirs) of the original recipients. The current judicial practice helps describe the nature and the content of the most common disputes arising from a permanent rent contract, and detect and analyze the problems of law enforcement.

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.

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.