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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 12/2022
Contents of Issue № 12/2022
Human and state
Gorban V.S., Gruzdev V.S. - The Nature and Main Activities of the American Bar Association pp. 1-18



Abstract: The subject of the study is the problems of the participation of public organizations in ensuring and improving the legal regulation of public relations, as well as the coordination of professional activities of lawyers, analyzed by the example of the functioning of the American Bar Association. The article examines and highlights the issues of the history of the formation of the legal profession and legal education in the United States, the formation of a professional association of lawyers in this country, its status and main activities. Previously, the issues of the organization and activities of the American Bar Association have not been studied in Russian legal science, although the results of such a study can serve as a comparative study of Russian and foreign experience on essential aspects of the functioning of professional associations of lawyers in Russia.   The scientific novelty of the study is to highlight the nature and functions of the American Bar Association, which fills a significant gap in the study of foreign experience of professional associations of lawyers. The results obtained are based on original sources, acts and materials published directly by the American Bar Association, as well as commentatory literature. The features of the formation of the legal profession in the USA, the role and place of the association of lawyers, the nature of program documents and contradictory aspects of the implementation of the goals and objectives of this professional association in its practice are demonstrated, including conclusions about the importance of a number of targets that are implemented in the main modules of the activities of this public professional association.
Договор и обязательства
Vronskaya M.V., Pavlova A.D. - Criteria of Integrity of the Sole Executive Body: Problem Statement pp. 19-31



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.
Druzhinin A. - Accreditation monitoring as a tool for assessing compliance with accredited indicators of educational programs of higher education. pp. 32-43



Abstract: The subject of this article is the transformation of the system of state regulation of higher education and, in particular, the procedures for state accreditation of educational activities. The reform of the system of state accreditation of educational activities creates a number of opportunities for the management teams of educational institutions of higher education. The article presents an assessment of how the new law enforcement practice can affect the quality management of education in higher education institutions based on the analysis of current regulatory legal acts and new legislation. For this purpose, general scientific and special legal methodology (formal legal, comparative legal) was used in the research process. The novelty of the research lies in the application of interdisciplinary approaches to the study of the subject, in combining the results of the analysis of normative legal acts with an assessment of the impact of law enforcement practice on the management system of organizations of higher education and new opportunities to improve the quality of educational programs. At the same time, the conclusion is made about the possibility of greater concentration of teams of organizations on improving the quality of educational programs due to the reduction of the bureaucratic burden on the teaching staff.
Law and order
Batchaeva A.A. - A Principled Approach to the Reconciliation Procedure: Theory and Practice pp. 44-52



Abstract: The article examines the problems of regulation and implementation of the provisions of the law on reconciliation in criminal cases. The interrelation of the norms of the institute of reconciliation with a number of principles of criminal procedure law is substantiated and it is concluded that the institution of reconciliation of the parties does not fully comply with the purpose of criminal proceedings and its principles such as the protection of human and civil rights and freedoms and the presumption of innocence. In this regard, the article proposes changes that it is advisable to make to the criminal and criminal procedure law, as well as to the guidance clarifications of the Plenum of the Supreme Court of the Russian Federation to eliminate such contradictions. So we consider it necessary: in the text of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 27.06.2013 N 19, to exclude the mention of the established guilt of the person against whom the criminal case is terminated in accordance with Article 25 of the Code of Criminal Procedure of the Russian Federation, and also to reflect the judgment that it is unacceptable for the law enforcement officer to allow formulations in the text of the resolution on the termination of the criminal case, indicating the proof of guilt the person against whom the decision to terminate the criminal case is made; from Articles 25, 213 of the Criminal Procedure Code of the Russian Federation, it is necessary to exclude an indication of the possibility of reconciliation with the suspect; part 2 of Article 42 of the Criminal Procedure Code of the Russian Federation should be supplemented with paragraph 4.1 of the following content "to reconcile with the suspect, the accused person in accordance with the procedure established by Article 25 of this Code"; paragraph 15 Part 4 of Article 47 of the Code of Criminal Procedure of the Russian Federation should be supplemented with the wording explaining to the accused the right to reconciliation in accordance with the procedure provided for in Article 25 of the Code of Criminal Procedure of the Russian Federation.
Экологическое и земельное право
Kudelkin N. - A Conceptual Approach to Improving the Legal Regulation of Environmental Protection and Nature Management in the Arctic pp. 53-66



Abstract: The subject of the work is the legal norms regulating social relations that arise in the process of environmental protection and the implementation of various activities in the Arctic, as well as data on the features and state of nature of the Arctic region. The aim of the work is to formulate a special concept aimed at protecting the environment and ensuring rational use of natural resources, which can be used to improve legal regulation in these areas. The methodological basis of the study was a system of various methods, logical techniques and means of cognition; general scientific, private and special methods were used in the process of work. Such as analysis, synthesis, analogy, deduction, induction, formal legal and others. The relevance of the research topic is indicated by the fact that the Arctic is a unique region of great importance both for the environment of the planet and for various aspects of human life. At the same time, the Arctic nature is characterized by increased sensitivity to various impacts, such as economic activity and climate change. Accordingly, the Arctic region needs special legal regulation of environmental protection and nature management. The paper gives a general description of the Arctic region. The main threats to the Arctic environment are considered on the example of the Arctic zone of the Russian Federation. The main result of the work is the special concept proposed in it, aimed at protecting the environment and ensuring rational use of natural resources in the Arctic. At the same time, the main idea of the concept is to create a single natural and ecological framework of the Arctic. The paper emphasizes that the application of this concept for the improvement and development of domestic legislation should not only increase the level of nature protection in the Arctic, but also contribute to ensuring the interests of the country for the sustainable development of the region.
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