DOI: 10.25136/2409-7136.2024.2.39743

EDN: JHJLNI

Abstract: The article examines the legal, organizational foundations and a number of topical problems of insignificant transactions in Russian legislation with an indication of the origins of these norms in ancient Roman jurisprudence. The subject of the study is the problems caused by the recognition of transactions as insignificant in modern Russia. The object of the study is the legal provisions of civil law that carry out the legal regulation of void transactions. The purpose of the work is to form proposals that contribute to their leveling by identifying and analyzing the actual problems of the insignificance of transactions. The methods used are dialectical-materialistic, historical, a system of empirical research methods (analogy, modeling) and special methods (formal-logical, system-analytical), etc. The author examines in detail the signs of void transactions, the problems of recognizing the nullity of the transaction; the subject of which is property, with respect to the disposal of which there is an imperative prohibition, restriction. Particular attention is paid to the problems of the insignificance of the part of the transaction. The main conclusions of this study are the following: it is justified to bring into compliance with Article 12 of the Civil Code and the legal position of the Supreme Court of the Russian Federation (Resolution of the Plenum of June 23, 2015 No. 25) with respect to the method of protecting civil rights ("application of the consequences of the invalidity of an insignificant transaction"); to formulate Article 169 of the Civil Code of the Russian Federation in a new edition reflecting the concept of "public interest". A special contribution of the author to the study of the topic is the proposal to specify Article 180 of the Civil Code of the Russian Federation in terms of indicating exceptions to the general rule of invalidation of part of the transaction. The results of the article can be used in improving civil legislation, in law enforcement, in further scientific research. Conclusions: despite the improvement of the norms of civil law, the massive nature of the recognition of transactions as void indicates significant problems, as insignificant transactions in general, as well as parts of these transactions (in practical and scientific-theoretical contexts), requiring optimal solutions.

DOI: 10.25136/2409-7136.2024.2.69638

EDN: EWAHUM

Abstract: The subject of this article is the socio-legal conditionality of establishing liability for criminal evasion of customs and other payments. This article aims to answer the question of the validity of the elevation of the specified illegal act in the field of economic activity to the category of criminally punishable acts by analyzing relevant statistical data, recent legislative changes in the criminal law, studying the author's positions on the expediency of criminal law protection of calculation and collection of customs and other payments, and also taking into account technical transformations in the customs infrastructure. The author used dialectical, systemic, sociological, statistical, comparative legal methods to study the patterns of changes in the field of customs relations and subsequent legislative transformations in criminal legislation, the impact of these legislative decisions on statistical indicators of countering customs crime. As a result of the analysis of current statistical data related to the dynamics of the number of registered crimes, economic harm caused, recent legislative changes in the criminal law sphere, the study of author's positions on the expediency of criminal law protection of public relations related to the calculation and collection of customs and other payments, as well as taking into account information and technical transformations in the customs infrastructure the author concludes that it is advisable to establish a criminal law prohibition on evasion of customs payments, special, anti-dumping and (or) countervailing duties levied on organizations, as well as individuals. The relevance of this article is also due to the fact that over the past almost 10 years there have been no works devoted to the analysis of the socio-legal conditionality of establishing liability for evasion of customs and other payments paid in connection with the movement of goods across the customs border.

DOI: 10.25136/2409-7136.2024.2.69755

EDN: GCIIFQ

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: 10.25136/2409-7136.2024.2.40018

EDN: XQISBU

Abstract: The institution of reorganization of legal entities is quite common in modern Russian conditions, however, to date, firstly, there has not been a consensus in the scientific literature on the essence of reorganization, and secondly, many gaps contained in civil legislation that violate the balance of rights of the subjects involved in it, which have been repeatedly pointed out by scientists, have not been eliminated- lawyers. Purpose: the author examines the essence of the institution of reorganization of legal entities, to identify the shortcomings of civil law norms affecting the issue of ensuring a balance of interests of entities participating in the reorganization. The methodological basis was the general scientific method of analysis, as well as private scientific methods of formal legal analysis and interpretation. Results: based on the results of this study, it was found that the institution of reorganization of a legal entity should be considered as a system of legal relations, the object of which is the creation of a legal entity. The author also determined that the imperfection of the existing norms of civil legislation is one of the main reasons for the violation of the rights and interests of entities involved in the reorganization of legal entities. Conclusions: as a result of the conducted research, the author comes to the conclusion that there is a need for clearer legislative regulation of the recognition of the reorganization as failed and invalidation of the decision on the reorganization of a legal entity. Additionally, ways are determined to eliminate the relevant gaps and increase the level of protection of the rights and interests of all participants in the reorganization.

DOI: 10.25136/2409-7136.2024.2.69584

EDN: XHKKTL

Abstract: The article analyzes the formation and development of the grounds for introducing a specific person into the status of a suspect. The arguments of the processualists regarding the grounds for its occurrence provided for by the current Code of Criminal Procedure of the Russian Federation, recognized by both the majority of scientists and the author as rather controversial, creating difficulties in law enforcement, are investigated. Attention is focused on the importance of modernizing the grounds for introducing a person into a procedural status that generates personalized criminal prosecution, due to the need to improve the institution of suspicion in modern criminal proceedings. The author uses a historical method to identify the moment of formation and track the development of the grounds for the emergence of the procedural status of a suspect in criminal proceedings of the Soviet and modern periods. It is stated that it is necessary to reduce the grounds for the appearance of the procedural figure of the suspect to a single one, unifying it for all forms of preliminary investigation, implementing the exemption of the decision to introduce a person into the status under investigation from correlation with coercive measures, due to the primacy of suspicion. A special contribution of the author is linking the importance of the priority of suspicion over coercive measures with the complication of the proof process due to the improvement of crime, as well as the number of crimes that oblige their investigation in a form that entails the impossibility of applying a notification of suspicion as a basis that meets the requirements of the priority of suspicion. The novelty of the study consists in a proposal entailing an increase in the procedural significance of the suspect and bringing the provisions of the criminal procedure law in line with modern trends.