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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 07/2023
Contents of Issue № 07/2023
Chereshneva I. - Family entrepreneurship: towards the formulation of the problem pp. 1-11



Abstract: Modern geopolitical conditions combined with the sanctions cause an objective need to search for internal economic mechanisms capable of both leveling the consequences of an unprecedented economic impact on Russia and acting as a support for its further socio-economic development; therefore, the appeal to the study of family entrepreneurship seems justified. At the same time , its relevance is due to the following reasons: 1) the socialization of the economy and law; 2) the social component of entrepreneurship; 3) the development of social entrepreneurship; 4) state family policy. The subject of this work is family entrepreneurship - a complex intersectoral institution that combines the norms of family and business law. In the course of the study, the author draws attention to the consideration of the following issues: 1) the relevance of family entrepreneurship; 2) the main essential features of family entrepreneurship; 3) the need for legislative consolidation of family entrepreneurship as a special legal regime for the activities of a certain category of subjects. The research uses general scientific methods of analysis and synthesis, a systematic approach; special legal methods. As a result of the study, the following conclusions were made. The constitutive feature of family entrepreneurship is the family-legal ties that develop between family members; other features also include: 1) the similarity of institutional forms of family entrepreneurship with small business; 2) the implementation of entrepreneurial activity, including to achieve a social positive effect; 3) the axiological component of family entrepreneurship. Consideration of family entrepreneurship as a special legal regime for the activities of a certain category of subjects allows for variability, represented by two directions. The first is civilistic, where there is no need to allocate a special legal regime for the activities of a certain category of subjects, and the second is social, in which the understanding of family entrepreneurship as a family value leads to its isolation as one of the special legal regimes for the activities of certain categories of subjects. The latter option is preferable.
Договор и обязательства
Topilin I.V. - Comparative legal analysis of consumer protection in the field of trade in the post-Soviet countries pp. 12-24



Abstract: The subject of the study is the legal regulation of consumer protection in the field of trade in the post-Soviet countries. The object of the study is the social relations arising from the protection of consumer rights in the field of trade. The author examines in detail the civil law regulation of consumer protection in the field of trade in the post-Soviet countries. Particular attention is paid to the subject matter, subject matter, form, essential terms of the retail sale contract, as well as the seller's pre-contractual obligation, the right to exchange goods of proper quality, unilateral termination of the contract, penalty, etc. When writing the work, the following methods were used: universal systematic method of cognition, comparative legal, formal legal methods, as well as the method of logical analysis of normative legal acts. The analysis of the legislation of the post-Soviet countries shows that the deviation from the principle of equality of participants in relations and freedom of contract on the issue of concluding a retail sale contract was carried out in favor of the consumer by establishing additional guarantees. The degree of deviation from the principle of equality of participants in relations and freedom of contract on the issue of concluding a retail sale contract in favor of the consumer in the post-Soviet countries differs. The legislation of the Russian Federation, to a greater extent than in other post-Soviet countries, establishes guarantees for consumers: the pre-contractual obligation of the seller to provide the necessary and reliable information about the product, the right to exchange non-food goods of proper quality, the right to unilateral termination of the retail sale agreement in the event of the purchase of goods of inadequate quality, the right to a legal penalty, the right to compulsory compensation for moral damage, the establishment of a limited period for satisfying the consumer's requirements by the seller, exemption from payment of state duty and alternative jurisdiction over consumer protection claims, a fine for non-fulfillment of the consumer's requirements on a voluntary basis.
Финансовое и налоговое право
Kovrigin A.A. - Institute of the Financial Commissioner as a tool for resolving insurance disputes pp. 25-33



Abstract: The subject of the study is the specifics of legal relations arising in the sphere of functioning of the institution of the financial commissioner as an instrument for resolving insurance disputes. Due to the fact that the novelty of the Institute of the financial Commissioner has caused sufficient activity of research interest in scientific circles over the past five years, the author of this study pays attention to certain aspects not previously studied. The object of the research is the institution of the financial commissioner as a tool for resolving insurance disputes in the context of its doctrinal understanding and legal essence. Particular attention is paid to the transformation of the method of alternative settlement of insurance disputes (in foreign legal systems) into a jurisdictional institution providing mandatory pre-trial settlement. The main conclusions reached by the author are as follows. The domestic Institute of the Financial Commissioner distorts the legal nature of the institution of the financial Ombudsman, transforming an alternative way of resolving the dispute into a stage of consideration of the appeal as a mandatory pre-trial settlement. From an effective tool for resolving an insurance dispute, forming a systematic approach to resolving standard disputes and optimizing the insurance services market as a whole, the institution of a financial commissioner has been turned into a mandatory jurisdictional stage for considering insurance disputes of a certain category. The regulatory framework governing the activities of the financial Commissioner does not include professional and functional special principles of activity. Meanwhile, it is the special functional principles that determine the legal essence of the institution of state power authorized to consider appeals in any field. The conclusion is formulated about the incomplete implementation of the requirements of Federal Law No. 123-FZ, which is confirmed by the analysis of information from open sources. The main contribution of the author to the research of the topic is the analysis of the legal nature and purpose of the institution of the financial commissioner as a tool for resolving insurance disputes. The scientific novelty lies in the substantiation of the conclusion about the transformation of the institute implemented from foreign legislation into an institute with a fundamentally different purpose and content.
Duben A.K. - International cooperation on information security: experience and prospects for development pp. 34-42



Abstract: The development of information and communication technologies plays a crucial role for the economic and socio-political development of each country individually and of humanity as a whole. The paper cancels the experience of interstate cooperation, provides the main directions of development in the field under study. Effective cooperation between States based on mutual respect in the field of information security and the development of digital technologies on various international and regional platforms within the framework of various unions and associations is aimed at ensuring national and international interests in order to protect information technologies, as well as ensuring the inadmissibility of vulnerability of information systems and deterrence of information threats. This article concludes that it is necessary to develop and approve the conceptual framework for the legal provision of information security for the development of regional interstate cooperation within the framework of the Union State of the Republic of Belarus and the Russian Federation, the EAEU, CSTO, CIS, SCO and BRICS. This is important for solving the tasks of ensuring national and international information security, implementing agreements within the framework of these regional interstate associations and further forming a system of universal public-legal mechanisms for ensuring information security. We believe that interstate cooperation determines the vector of development of interaction between states in the field of international information security, which is aimed at strengthening the potential of the States participating in the interstate association with effective prevention and neutralization of threats to collective security arising in this area.
Договор и обязательства
Zatonov R.I. - Conscientiousness and reasonableness in resolving the issue of releasing a citizen from debts in the bankruptcy procedure (statement of the problem) pp. 43-53



Abstract: The article is devoted to finding an answer to the question of what criteria of good faith and reasonableness the behavior of a citizen-debtor must meet in order for him to be released from fulfilling his obligations upon completion of the consumer bankruptcy procedure. The article attempts to answer questions about what conscientiousness and reasonableness are; whether there are clear standards for recognizing a debtor in good faith in a consumer bankruptcy proceeding; what problems does law enforcement practice face after the formulation by the Supreme Court of the Russian Federation of the position that the unreasonableness of the debtor does not mean his bad faith in resolving the issue of releasing him from debts upon completion of the bankruptcy procedure, expressed in the Ruling of the Judicial Board for Economic Disputes of the Supreme Court of the Russian Federation dated 06/03/2019 № 305-ES18-26429 in case № A41-20557/2016. In particular, the author analyzes extremely topical issues related to the release of a citizen debtor from debts arising from a guarantee for business loans, as well as an assessment of the purpose of attracting credit funds as a tool for analyzing the debtor's good faith.
Law and order
Danilov P.S., Senokosova E.K. - A new period of evolution of the system of crimes against military service pp. 54-70



Abstract: The object of the study is the system of crimes against military service, as determined both in the current criminal law and in domestic criminal laws that have lost their force, as well as the system-forming criterion for its construction in the form of time and the situation of the objective side of crimes against military service. The purpose of the study is to establish that the specified criterion for constructing a system of crimes against military service in certain periods of the development of the national state and law had a direct impact on the structure of the system under study. The relevance of the study is connected with the need to solve the problems of protecting relations that develop in connection with the passage (carrying out) military service. The research is based on a systematic approach, as well as proven general scientific and private scientific methods. The novelty of the study lies in the fact that the norms of the criminal law on crimes against military service are studied from the point of view of a systematic approach. The authors continue to consider these norms precisely as a system, that is, a certain model, which is based on the criteria for its construction (system-forming criteria). The study of domestic sources of criminal law and an extensive list of scientific literature made it possible to establish that the criterion of constructing the objective side of the system of crimes against military service in the form of time and situation influenced its structure, but at present it is excluded, which allows us to state the beginning of a new period of its evolution, opening the "doors" for novelties of criminal legislation as in parts of the norms on crimes against military service, as well as other provisions of the criminal law. The study may be of interest both for scientists studying the problems of criminal liability for crimes against military service, and for representatives of the legislative branch of government in the Russian Federation.
Human and state
Rybka O.S. - Protection of the rights of persons undergoing medical examination for the purpose of conscription in the Russian Federation pp. 71-81



Abstract: The object of this study is the social relations of medical examination during the conscription of citizens for military service in the Russian Federation, as well as the rights and interests of persons involved in these relations. The subject of this study is the protection of the rights and interests of persons who undergo a medical examination when conscripted into the army in the Russian Federation. The author reveals in detail the violations of citizens' rights by the conscription commission of the military commissariat during the medical examination by the military medical commission, including relying on judicial practice, and also suggests ways to solve problems related to these violations.   The scientific novelty of the topic lies in the study of problematic aspects and practice of applying legislation in the field of medical examination during conscription, such as violation of the rules of examination, as well as disregard for the rights of citizens and the integrity of the procedure. This scientific study can provide new data and analysis of shortcomings in the medical examination procedure, which may be useful for subsequent amendments to legislation or the development of appropriate practical recommendations. The scientific study of this topic will also allow us to determine which legal mechanisms can be used to protect the rights of citizens in case of violation of their rights, as well as to develop recommendations for improving legislation and practice of its application in order to improve the situation in this area.
Финансовое и налоговое право
Lepshakov K. - Analysis of the legal regulation of cryptocurrencies in Russia. Judicial practice of accounting for virtual money in bankruptcy pp. 82-98



Abstract: This article discusses the problem of legal regulation of cryptocurrencies in Russia. It is recommended to create the necessary regulatory conditions for such a financial instrument as cryptocurrencies. Attention is paid to the development of legislation in the field of the use of digital currency in Russia, not only in the direction of prohibition, but also in the direction of creating all the necessary accessible and legitimate conditions for the legitimate use of digital currency (cryptocurrencies) in Russia. The article also addresses the issue of the lack of uniform judicial practice, where cryptocurrency is the subject of dispute. The lack of legislative regulation of the cryptocurrency market in Russia affects the fair judicial protection of holders of crypto assets. The article also reveals the problem of including cryptocurrencies in the bankruptcy estate during the bankruptcy procedure of individuals. Both positive and negative judicial practice is given.   As a result of the analysis, there is a positive developing trend, where the legislator in some legislative acts already defines digital currency as property, and also, in accordance with Article 128 of the Civil Code of the Russian Federation, the qualification of cryptocurrencies as "other property" is given. Thus, with the active development of legislation on the use of digital currency, it is possible to introduce cryptocurrencies into the list of objects of civil rights, where judicial practice on this issue will become more uniform. The purpose and objective of this study is to identify the main problems of legal regulation of cryptocurrencies and ways to solve them in a timely manner through the prism of emerging Russian legislation and emerging judicial practice. The study used the method of analysis of regulatory legal acts, scientific articles and journals revealing the problems of legal regulation of cryptocurrencies in Russia, as well as the analysis of positive and negative judicial practice when using cryptocurrencies by individuals and legal entities. The result of the study is the need for the formation and development of legislation in the field of the use of cryptocurrencies in Russia.
Law and order
Zainullin R.I. - Tactical interrogation techniques in modern crime investigation practice pp. 99-108



Abstract: The subject of the research in this scientific article is to determine the degree of effectiveness of the most common interrogation tactics in the practice of crime investigation. Analysis of the forensic literature has shown a huge variety of tactical interrogation techniques proposed by the science of criminology, most of which raise justified doubts about their scientific validity and practical expediency of their application. At the same time, there is an urgent problem of the use of specific tactics by investigative workers who have short experience in investigative work. In carrying out this research, the author used the method of description and analysis, the method of interviewing, activity and system-structural approaches, methods of statistical generalization. The scientific novelty and practical significance of the conducted research, the results of which are reflected in this article, lies in the fact that the author has identified a list of the most common interrogation tactics in the forensic literature that have sufficient scientific justification, and also assessed the degree of their applicability in the practical activities of the district level of investigative units. As a result of the conducted research, the need to revise the traditional provisions of forensic tactics in the field of interrogation and the formation of new approaches to determining the content of forensic support for preliminary investigation is determined, and the author draws attention to the need for a more critical reassessment of those forensic recommendations that are put forward by modern criminologists in terms of their viability and effectiveness.
Bakharev D.V. - The tradition and prospects of studying the mechanism of criminal behavior from the standpoint of modern biosocial interpretation of the phenomenology of human aggression pp. 109-116



Abstract: In recent decades, there has been an increasing interest in the biopsychophysiological side of the criminal's nature in foreign criminology. The representatives of the biosocial trend are focused on advanced developments in the field of studying the biological side of aggressive human behavior. Serious progress has been made in this direction over the past thirty years, primarily due to the discoveries of cognitive neuroscientists, endocrinologists and molecular geneticists. In addition, specialists in the field of human physiology and nutrition have also made some progress in understanding the patterns of interaction of biological and social elements in the formation of the mechanism of aggression. Discoveries in the field of epigenetics can also give a significant impetus to the development of social sciences, which have fundamentally changed researchers' ideas about the role and relationship of the genetic base and the external environment in the mechanism of heredity. All relevant information on this subject is analyzed and summarized in a timely manner by foreign biosocial specialists, expanding, among other things, the criminological discourse in terms of studying the patterns of formation of the mechanism of criminal behavior, as well as individual crime prevention (primarily violent). This article is an attempt to review advanced research in the field of today's biology of human behavior, as well as those measures that are already being implemented (taking into account current scientific information about the socio-biological side of the criminal's nature) abroad in order to minimize the scale of criminal aggression.
Polyakova A.V. - 3D-technologies in forensic examination pp. 117-125



Abstract: One of the promising directions of digitalisation of forensic examination is the introduction of 3D technologies for the creation and study of digital three-dimensional models of forensic objects. The purpose of this study is to systematise data on existing technologies for obtaining three-dimensional models of forensic objects, as well as to determine the main areas of their application in forensic examination. The author analysed foreign and domestic experience of 3D-technologies application in this field. The objects of this study are methods of building three-dimensional models, as well as their technical and software, which can be used to solve the problems of forensic examination. The analysis of the main methods of obtaining 3D-models allowed the author to identify the main directions of implementation of 3D-technologies in forensic science. First of all, it is the fixation and preservation of information about traces, objects and things of an accident scene, which can later become the objects of forensic examinations. With the help of three-dimensional modelling methods it is possible to solve identification and diagnostic expert tasks, integrate the results of expert studies and other investigative actions into a single reconstruction. Based on these directions, scientific research in the field of application of three-dimensional technologies can be continued, in addition, the accumulation of empirical material that can be used in the practice of production of various types of forensic examination will continue.
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