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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 09/2022
This issue is currently being formed. All articles presented on this page have already been included in this issue, are considered published, and will remain unchanged in the final version of the issue along with other metadata of the articles.
Учредитель: Даниленко Василий Иванович, w.danilenko@nbpublish.com
Главный редактор: Даниленко Денис Васильевич, доктор права (Франция), danilenko_d@mail.ru
Contents of Issue № 09/2022
Семейное право
Purge A.R. - Cryopreservation of embryos: on the question of the concept pp. 1-9


Abstract: The scientific novelty of this study consists in conducting an in-depth comparative legal analysis of the features of the legislative regulation of the essence of the embryo cryopreservation procedure as one of the methods of assisted reproductive technology (using the example of the Republic of Tajikistan and the Russian Federation), as well as formulating the author's own definition of the legal relationship under study. The main methods of this scientific research were the method of 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 object of this scientific research is the concept and essence of the embryo cryopreservation procedure in accordance with the current legislation of Russia and the Republic of Tajikistan. In turn, the subject of this study was the norms of Russian and Tajik legislation defining the concept and procedure for cryopreservation of embryos, relevant materials of legal practice (statistical data and data from medical websites); scientific works of domestic scientists devoted to the development of the chosen topic. As the main result of this study, the author has developed a proposal on the possible prospective consolidation of the legal definition of the concept of "cryopreservation of embryos" in the provisions of the current legislation of Russia and the Republic of Tajikistan.
Aganina R.N. - Modern Format of Audit Activity Regulation pp. 10-24



Abstract: The focus of this article is the paradigm of regulation of auditing activities at the present stage. The subject of the study is a number of provisions of the Concept of development of auditing activities until 2024. This program document determined the further vector of development of state regulation and self-regulation of auditing activities. The separate novelties of the legislation in the context of the modern format of regulation of audit activity are analyzed. The article summarizes the emergence of a "regulatory triangle" in the audit services market in connection with the granting of control powers to the Bank of Russia, which leads to excessive regulation of auditing activities. The main changes in the institute of self-regulation of auditing activities are noted: updating the conceptual apparatus, abandoning standardization and the numerical composition of the self-regulating organization.    The article provides an assessment of a two-level system of requirements imposed on the subjects of audit activity. Positively assessing the institution of mandatory requirements, the author of the article is skeptical about the second direction of regulation - recommendations. Consideration of the recommendations as a prototype of the standards of a self-regulatory organization is not reflected in the legislation on auditing. The problems of excessive regulation of the audit services market due to the granting of control powers to the Bank of Russia are outlined. The author sees an opportunity to improve the quality of audit services provided in the form of a return to the practice of issuing qualification certificates in certain areas, in particular, in the direction of "audit of credit institutions". Thus, strict filtering of subjects should be carried out at the stage of access to the audit market, and control powers under this model should remain with the Federal Treasury and the self-regulatory organization. The refusal to standardize auditing activities, the functioning of only one self-regulating auditing organization devalues the very idea of self-regulation. Under such conditions, self-regulation of audit activity does not act as a worthy alternative or continuation of state regulation.
Теория и философия права
Magushov S.V. - Individual Сontract as a Form of Law and its Normativity pp. 25-39



Abstract: Modern society cannot be imagined without the institution of individual contractual regulation – our daily life is surrounded by a large number of contractual legal relations. In this regard, it is relevant to consider such a controversial topic as the recognition of the status of a form of law for an individual contract. The object of the study is social relations related to the conclusion, modification and termination of an individual contract. The empirical base consists of labor and civil law contracts. Based on this, the article has an interdisciplinary character – therefore, the subject is in the field of development of three legal sciences at once – the theory of state and law, civil and labor law. The science of the theory of state and law acts as a methodological basis necessary for evaluating the obtained industry data. General scientific methods are used – structural and functional method, analysis and synthesis, induction and deduction, analogy. Both private scientific methods are used – a formal dogmatic method necessary for the study of law, and a retrospective (historical) method for looking at the problem not in statics, but in dynamics. The novelty is expressed in the substantiation of the normativity of an individual contract and the recognition of its status as a form of law not only within the existing paradigm, but also by offering a different view of the very concept of normativity. The analysis of contracts is proposed to be carried out with the hypothesis of the presence of regulatory regulation in them as well. This approach allows us to talk about contracts that were previously recognized as containing only individual regulation, at least partially normative and, as a result, to see them as a right. As the main conclusion, it should be noted that a significant number of individual contracts contain not only individual, but also regulatory regulation. It also seems reasonable to talk about the existence of individual contracts consisting entirely of regulatory regulation.
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