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MAIN PAGE > Journal "Legal Studies" > Contents of Issue є 08/2023
Contents of Issue є 08/2023
Anthropology of law
Rybka O.S., Chekulaev S.S. - Alternative ways of conflict resolution in Islamic law and the possibility of their application on the territory of the Russian Federation pp. 1-20

DOI:
10.25136/2409-7136.2023.8.40994

EDN: SXPOZX

Abstract: The subject of this study is alternative dispute resolution (ADR), namely the methods of ADR in Muslim law. The author examines in detail the methods of ADR regulated by Islamic law, such as Sulkh, Tahkim, Muhtasib, Fatwa, Med-Arb, as well as Wali Al-Mazalim, which is not currently used, but is of interest in the framework of the study. Also in the course of the study, the experience in regulating the ADR of a country like Malaysia is touched upon, in particular, aspects of regulating such methods as Sulh and Tahkim are touched upon. In the course of the study, the methods of ADR in Muslim law are compared with similar institutions in other legal systems. The scientific novelty of the study lies in the fact that it includes an analysis of existing alternative dispute resolution mechanisms in Islamic law and considers the possibilities of their application in Russia, as well as discusses problems related to this issue. The answers to these questions can become the basis for further development of legal science in the field of alternative dispute resolution methods, as well as find application in real life to reduce the burden on the courts, as well as for cross-cultural application in various fields, including with Islamic banking institutions. The main conclusions of this study are the possibility of applying Sharia law to regulate ADR, as well as a proposal to increase the possibilities of using ADR in court cases by creating a state mediation center and creating categories of cases in which the use of mediation in such a center will be a prerequisite for further consideration of the case.
Theory
Dostavalova A.S. - Legal essence of self-determination of a person and a citizen pp. 21-30

DOI:
10.25136/2409-7136.2023.8.43770

EDN: UIBRNX

Abstract: the subject of the research is the definition of the social and legal essence of self-determination of a person and a citizen. An analysis of domestic doctrinal research on this subject made it possible to single out three aspects in understanding the self-determination of a person: determining one's behavior without the intervention of third parties, establishing one's status, and the possibility of obtaining information about oneself. Each of the presented concepts, denoted by the term "self-determination", has its own value and contributes to improving the quality of life of citizens. However, an incorrect understanding of the legal essence of self-determination can give rise to negative social consequences, which already has its manifestations in Russian society. As a result of the study, the conclusion was formulated that, contrary to the widespread opinions of legal scholars, the first aspect of self-determination is not a subjective right or part of it, but the embodiment of the principle of the inadmissibility of arbitrary interference by anyone in private affairs, the effect of which, in turn, is limited the principles of inadmissibility of abuse of the right, good faith of subjects of civil law and restriction of rights in order to protect the interests of other persons. The second aspect of self-determination is not a power, but a legal fact - a unilateral transaction, in the course of which it is necessary to take into account the requirements of the legislation on the conditions for its validity. The third aspect is not a personal non-property, but an organizational subjective right, the possibility of realizing which depends on the legitimacy of the goals of using the requested information by a citizen.
‘инансовое и налоговое право
Andrianova N.G. - Digital Ruble: Features of Financial Legal Regulation pp. 31-38

DOI:
10.25136/2409-7136.2023.8.43816

EDN: UNLLBU

Abstract: The features of the financial legal regulation of the digital ruble are analyzed in the article. The author analyzes the key provisions of the Digital Ruble Concept proposed by the Bank of Russia, as well as the latest amendments to the legislation introduced at the end of July 2023, regulating the specifics of the legal regulation of the digital ruble. It is indicated that the allocation of the digital ruble as a separate form of money was carried out by the Bank of Russia in the economic aspect, the digital form of the Russian national currency by its legal nature refers to non-cash funds. The definitions of the concepts of "digital ruble", "digital currency" and "cryptocurrency" are analyzed in the article, their main features are highlighted. As a result of the study, the author has found that the digital form is common to the digital ruble, digital currencies and cryptocurrencies. The digital ruble is a Central Bank digital currency and cannot be classified as a digital currency. Unlike digital currencies, the digital ruble is legal tender on the territory of the Russian Federation and refers to fiat money. These essential features of the digital ruble make it possible to conclude that it is impossible to apply Federal Law No. 259-FZ of 31.07.2020 "On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation" to the regulation of the digital ruble and on the implementation of legal regulation of the digital ruble mainly by the rules of financial legislation.
Questions of current interest
Belikova K.M. - Investing capital in new territories of the Russian Federation: some practical problems and solutions pp. 39-50

DOI:
10.25136/2409-7136.2023.8.43795

EDN: UNXEHA

Abstract: The subject of the research in this article is the legal regulation of entrepreneurial activity in the form of capital investment in new territories of the Russian Federation Ц Donetsk and Lugansk People's Republics, Zaporozhye and Kherson regions in the context of a number of practical problems and solutions. The legal analysis of the Draft Law on the creation of a free economic zone (FEZ) in the new regions of Russia and the search for an answer to the question of who, under the sanctions of Western states and their unions, will act as investors in these territories, taking advantage of the serious benefits given. The research is conducted with such methods of scientific cognition as: general scientific dialectics, historical, of comparative legal analysis. The author proceeds from the subjective-objective determination of processes and phenomena. It is concluded that Russia, in the context of creating FEZ in new territories, needs to rely primarily on its own resources (on internal loans, people's enterprises, etc. based on the experience of the USSR and foreign states). On the other hand, it is necessary to develop BRICS and internal cooperation within BRICS in order to rid these countries of fear to invest in the Russian Federation, relying on the justification by diplomatic and military forces of the Russian understanding of the international legal aspect of the implementation of the right of peoples to self-determination and the principle of territorial integrity of the state. At the same time, it is concluded that excessive concentration of Russian assets in the hands of foreign investors should be avoided in the future.
Human and state
Mayakova E.O. - Work with citizens' applications in the context of digitalization: departmental aspects pp. 51-63

DOI:
10.25136/2409-7136.2023.8.43860

EDN: UUSFXQ

Abstract: Applications act as an important channel of feedback between the population and state authorities. An important element of the system of federal executive bodies of the Russian Federation, which are entrusted with the functions of ensuring the rights of citizens to appeal, is the Ministry of Internal Affairs of the Russian Federation. The article discusses the main provisions that determine the unified procedure for working with applications from citizens and organizations in accordance with the new conditions for the development of our state - the introduction of the "Digital Government" system. On the example of the Ministry of Internal Affairs of the Russian Federation, the possibilities and mechanisms for working with citizens' applications using the electronic document management service of the unified system of information and analytical support for the activities of the Ministry of Internal Affairs of Russia are specified. The author comes to the conclusion that information about working with citizens' appeals characterizes the state and effectiveness of the system of internal affairs bodies, since it is primarily associated with the accumulation of various information, quantitative and qualitative assessments of which can bring the system closer to solving priority tasks, namely, ensuring protection public order and the fight against crime. When analyzing the registration and control forms of the section "Appeals of citizens and organizations" of the application service for electronic document management of the unified system of information and analytical support for the activities of the Ministry of Internal Affairs of Russia, a number of problems were identified that arise in connection with the introduction of digital technologies, indicating that the procedure for considering applications in the bodies internal affairs is carried out in conditions of inferior legal regulation. The conclusion is made about the available resources in the development of the current classification system for incoming applications.
Gorokhova S.S. - About some problems of law enforcement activities in the field of state social assistance and support to poor citizens in Russia pp. 64-83

DOI:
10.25136/2409-7136.2023.8.43853

EDN: UVBQZX

Abstract: The subject of the study is the most common conflict situations that are resolved, mainly in court, in the field of providing state social assistance and support to the poor citizens. The author analyzes the existing, rather extensive judicial practice in this area, focusing on the most socially significant aspects of law enforcement that need further improvement. The methodological basis of the study was a set of general scientific methods of cognition, based on a dialectical general philosophical basis, and, in turn, determining the use of certain private scientific methods, primarily statistical methods in the law enforcement sphere. The article was prepared as part of the state assignment to the Financial University under the Government of the Russian Federation in 2023. The sphere of assistance to low-income citizens and families is extremely conflictual from the point of view of law enforcement. The most common categories include legal disputes related to: contradictions between federal legislation and regulatory acts of the regions of the Russian Federation; imperfection of federal and regional legislation; improper application of the norms of substantive and procedural law; violation of the terms of the social contract; recovery of funds unreasonably paid to recipients of social assistance; bringing to administrative responsibility for misuse budget funds; challenging the refusal to provide social services, in the form of vouchers for sanatorium treatment.
State institutions and legal systems
Laptev A.S. - The digital portal "Criminological Planning" is the main assistant in making managerial decisions in the field of crime prevention pp. 84-95

DOI:
10.25136/2409-7136.2023.8.43734

EDN: WTCQBX

Abstract: The subject of the study is the norms of the current Russian legislation regulating the organization and correlation of planning levels, including in the field of national security, as well as the creation of a digital environment in the activities of public authorities and local self-government. The aim of the work is to develop proposals to improve the practice of countering (preventing) crime, primarily at the regional and municipal levels, to increase the effectiveness of the impact on its determining factors. The author creatively used general scientific methods in cognitively significant unity (analysis, synthesis, system-structural). The foreign experience of using information systems in the activities of regional law enforcement agencies for the analysis, forecasting (crimes, the identities of offenders, victims of crimes) is studied. The novelty of the work is due to the need to increase the use of information technology capabilities in the process of developing and implementing measures to prevent regional crime. The author substantiates the expediency of using the Criminological Planning portal within the framework of the Digital Strategic Planning platform as an adaptive information management system that provides support for management decisions by planning subjects in the field of crime prevention by the leadership of the country, region, municipality, its structure, requirements for information infrastructure are proposed, all the possibilities that the work will provide are reflected the portal, including through the implementation of professional training of specialists in the field of criminological planning through the remote method of communication, as a result of which an optimal system of subjects involved in criminological planning will be created in each region of Russia.
Transformation of legal systems
Zhevnyak O.V. - Digital platforms as a type of economic market relations and the reflection of this aspect in the legal regime of digital platforms pp. 96-127

DOI:
10.25136/2409-7136.2023.8.43646

EDN: WTHVTJ

Abstract: The article analyzes the characteristics of a digital platform as a type of economic market relations, identifies those that have legal significance, and models a system of elements of the national legal regime of digital platforms in Russia that reflect these characteristics. The research methodology is based on the fact that the digital platform has different aspects of understanding. The article provides an analysis of the economic understanding of the digital platform, which is also not unambiguous: the platform is studied as a type of economic relations. Based on the analysis, conclusions are drawn about the main characteristics of the platform economy, which have legal significance. Further, the legal model of these characteristics is formulated. The scientific novelty is in the modelling of the national legal regime of digital platforms in Russia based on the analysis of the digital platform as a type of economic relations, as well as in specific conclusions regarding the legal significance of the characteristics of digital platforms: a system of contractual relations that develop on the digital platform is built, depending on the participants in the relationship and the function contracts; the presumption of the legal regime of the accession agreement for agreements concluded between users and the platform operator is proposed; it is proposed to introduce into the legal mode of the digital platform the right of the operator to declare the platform open or closed; if the platform operator declares it open, the contracts concluded with him should be subject to the regime of public contracts, which should be specified in the legislation; it is necessary to include in the legal regime of digital platforms the norms on categories of consumers for which other conditions of a public contract can be determined, taking into account their economic loyalty and other factors justified from an economic and social standpoint; the relationship between the platform operator and its users may be mediated by contracts for the provision of services free of charge, which should not deprive the user of the legal status of a consumer.
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