Judicial Practice Research Articles

Judicial practices in brazil: How do inquisitorial institutions apply adversarial norms?

Judicial practices in brazil: How do inquisitorial institutions apply adversarial norms?

PROTECTING OF CHILDREN’S RIGHTS BY THE PROSECUTOR THROUGH REPRESENTATIVE MEANS: SEARCH FOR THE INTERESTS OF THE STATE

The article highlights some peculiarities of the legislative regulation of the prosecutor’s protection of children’s rights by means of representative means through the prism of court practice on determining the State’s interest in this area. The purpose of the article is to highlight the peculiarities of legislative regulation of the prosecutor’s function of representing the State’s interests in court in the area of child protection and also to make proposals for improving the efficiency of the mechanism of protection of children’s rights by means of prosecutorial representation. The author notes the imperfection of the legislative regulation of the representative function of the prosecutor’s office, which narrows its human rights protection potential. It is proved that imperfect legislation and the lack of consistent and unambiguous judicial practice create difficulties in the prosecutor’s office’s function of representing the interests of the State in the field of child protection. The author formulates the author’s own concept of prosecutorial representation in the field of child protection, which is proposed to be understood as the activities carried out by specially authorized subjects - juvenile prosecutors - with a valueoriented social focus on the realisation of a child’s rights to life, healthcare, treatment, recreation, education, social security, comprehensive development and upbringing in a family environment, as well as on the protection of the State’s interests in this area as a strategic national priority. In order to increase the effectiveness of representative activities and the efficiency of protection and enforcement of children’s rights in this area, it is proposed to introduce appropriate legislative changes to the mechanism for calculating and making appropriate payments to orphans and children deprived of parental care.

SYSTEMATIC AND LEGAL ASPECTS OF LEGAL RESPONSIBILITY FOR ILLEGAL ACTS WITH AMBER

The article is devoted to the disclosure of certain systemic and legal aspects of responsibility for illegal actions with amber. Relevant judicial practice is analyzed. Proposals for improvement of Art. 240-1 of the Criminal Code of Ukraine “Illegal extraction, sale, purchase, transfer, forwarding, transportation, processing of amber”. The issue of the application of the criminal law norm of insignificance for the legal assessment of illegal amber mining and its illegal handling was considered. The existence of a conflict between the investigated criminal law ban and Art. 47 of the Code of Ukraine on Administrative Offenses “Violation of the State Property Right to Subsoil”, comments are expressed regarding its (collision) overcoming in the aspects of de lege lata and de lege ferenda. It is argued that the socially dangerous consequences of illegal mineral extraction (in particular, amber) should be labeled as damages. It is shown that carried out within the limits of Art. 240-1 of the Criminal Code of Ukraine, the differentiation of responsibility related to the size of illegal actions with amber is insufficient. The relevant provisions of the project of the new Criminal Code of Ukraine were analyzed, the advantages and disadvantages of the relevant formulations were clarified. In particular, the proposal of the drafters of a potential criminal law to distinguish the grounds of criminal responsibility for the illegal acquisition of natural resources, on the one hand, and individual manifestations of involvement in the behavior of those who commit illegal extraction of natural resources from their natural environment, on the other, was supported. The issue of the appropriateness of anchoring in Part 1 of Art. 240-1 of the Criminal Code of Ukraine instructions on actions other than illegal amber mining.

Informality and Relations in International Judicial Appointments: Evidence from Sub-regional Courts in Africa

Abstract Informality in international judicial selection practices has been acknowledged but rarely systematically researched. Described as “design innovations” that are hard to grasp, national judicial appointments to international courts (IC s), even in the most established democracies, are permeated by opacity and secretiveness that remains puzzling to researchers and the legal complex alike. This article presents evidence from three African sub-regional courts to reify the informal dimension of international judicial appointments. Drawing on qualitative research that employs two country case studies, Uganda and Malawi, we demonstrate how the particularly thin formal selection rules leave much leverage to informalities at various levels of governance. Through interviews and judicial biographical data, we reconstruct judicial appointment practices and their dynamics to account for relevant informalities and relations that shed light on the selection of judges to IC s. We argue that appointment practices are less ad hoc or arbitrary than they often appear but mirror the states’ commitment to regional integration, political assessment of the respective regional organisation, and perceptions of the courts’ relevance and ambitions in relation to the political appointers and selectors. Moreover, we raise new concerns about the risk of more silent and subtle backlash against bold regional courts.

O quarto ao lado: terror, intimidade e processos de Estado em meio a um conflito agrário.

In this paper, I turn to an agrarian conflict in which an episode of sexual violence happened. Thus, I pursue the State processes and the intimate relationships in which terror is articulated in the conflict course. In close dialogue with Michael Taussig and Veena Das's arguments, I discuss: a) the terror incommensurability produced in the midst of police and judicial practices; and b) the silence that allows life to go on after the traumatic event. To do so, I make use of notes and memories of what I experienced during the two years of monitoring the case, of an in-depth interview with a squatter community leader and of the analysis of the court records about the agrarian conflict and the sexual violence episode.

Chinese Modernization of the Rule of Law: Governance Philosophy, Judicial Logic and Practice Review

The socialist rule of law with Chinese characteristics contains a wealth of practical wisdom in governance, and is a scientific methodology for our comprehensive construction of a socialist country under the rule of law. The Party's 20th National Congress deepened the understanding of the regularity of socialist rule of law construction, and expanded and innovated the practical dimension of socialist rule of law thought with Chinese characteristics. The socialist rule of law with Chinese characteristics is not a simple construction of the rule of law theory, but a two-way deepening and sublimation of the rule of law theory and the rule of law practice. China's rapid economic development and long-term social stability have broken the "Huntington paradox", which mainly relies on the following two aspects of the rule of law practice. The first is China's unique grass-roots governance model, which is typically represented by Fengqiao experience and Pujiang experience. Fengqiao experience and Pujiang experience are combined fists, closed-loop measures to solve grassroots conflicts and disputes, and typical experiences in the process of China's rule of law practice. The second is "strict justice" and "fair justice". In judicial practice, it is necessary for judicial justice to guarantee the procedural rights of litigants. As two basic practical concepts in the socialist rule of law with Chinese characteristics, the concept of grassroots governance and the concept of justice enrich the practical wisdom of the construction of the rule of law in our country and help the transformation of our social governance model.

The Distribution of Burden of Proof in Environmental Civil Public Interest Litigation

Environmental problems, in the current society, have attracted the attention and attention of the society and the public. Relevant laws are applied under the research of legislators and the reference of foreign legal experience. With the development of environmental civil public interest litigation, a series of problems have gradually emerged with judicial practice, and the allocation of the burden of proof is somewhat unreasonable. Through to our country and outside the environment of civil public interest litigation laws and regulations, understand the environment of the characteristics of the burden of proof and analysis its can perfect, points out that should distinguish the application of public welfare and private benefit, refining the causal relationship responsibility distribution, improve the system of proof obstruction, environmental damage appraisal system and environmental information disclosure system and other related measures.

Features of theoretical approaches to the category "abuse of law" in the countries of the Anglo-American legal family

The article examines the peculiarities of theoretical approaches to understanding the category of «abuse of law» in the countries of the Anglo-American legal family, primarily in Great Britain and the United States. In particular, by using a set of philosophical and worldview, general scientific, special scientific methods (primarily, comparative legal, historical legal, normative, functional) and principles of scientific knowledge: the evolution of theoretical ideas about the abuse of law, their consolidation in legislation and practical implementation in individual states of the Anglo-American legal family; the peculiarities of the legal terminology used in the legislation and judicial practice of Great Britain and the USA to determine the abuse of the right are revealed; the characteristic features and general trends of the theoretical understanding and legislative consolidation of the category of «abuse of law» in the specified states have been established. It is argued that the principle of good faith is inherent in the entire legal system of Great Britain as a whole and is reflected in its individual provisions, and the duty to establish the facts about the presence or absence of abuse of the law corresponds to judicial or other competent authorities. It has been established that the doctrine of good faith is important in US judicial practice, but there is no description of the criteria of good faith in US law, their definition is left to the discretion of the court. It is proved that both English and American legislators do not provide a clear definition of the term ‘abuse of law’ in the provisions of legislation. The content of this concept is defined and disclosed in judicial practice and legal doctrine, which are closely interrelated and are based on the assessment of such actions from the standpoint of reasonableness, good faith and fairness. Depending on the branch of law and the legal system of the state, abuse of law is most often understood as damage or loss. Damage is the destruction or diminution of material goods. Losses are understood as real losses and lost profits. It is concluded that despite the fact that the problem of abuse has not been comprehensively resolved, in practice the judicial system of the United Kingdom and the United States is quite effective in combating manifestations of abuse of law.

Using of secret cooperation in combating corruption crimes: problematic issues of court practice

It is indicated that, during the investigation of corruption crimes, there is usually a need to conduct covert investigative (investigative) actions in view of the specifics of corruption criminal offenses, a significant level of their latency, committed in the context of a conspiracy, as well as the status of the subjects of these crimes, who in certain cases are aware with the methods of work of law enforcement agencies. The article examines the problematic issues of judicial practice of using secret cooperation in criminal proceedings regarding corruption crimes. It has been established that law enforcement officials, when engaging in confidential cooperation in criminal proceedings regarding corruption crimes, face difficulties related to: 1) risks of disclosing information about persons who carry out tacit cooperation; 2) risks of provocation to commit a corruption crime; 3) procedural registration of a person’s consent to be involved in tacit cooperation in conducting NSRD and the decision of the authorized body. These problematic issues are solved in different ways in operational, investigative and judicial practice and indicate that there are still challenges in combating corruption crimes that require the efforts of both law enforcement agencies and scientists aimed at solving them. It is extremely important to prevent the provocation of a criminal offense by a person involved in confidential cooperation when countering corruption crimes using the institution of tacit cooperation. Despite the fact that there are grounds for not recognizing the obligation of a person’s written consent to involve him in confidential cooperation and conducting NSRD in criminal proceedings regarding corruption crimes, the presence of such consent can still serve as a certain argument in favor of the absence of provocation on the part of the person involved in confidential cooperation and recognition of evidence as admissible.

Legal remedies against amber abuse: problems of implementation and optimization

The article is devoted to the coverage of certain problems related to the use of criminal legal means against persons who commit the crimes provided for in Art. 2401 of the Criminal Code of Ukraine illegal extraction, sale, acquisition, transfer, forwarding, transportation, processing of amber, and with the improvement of such means. Emphasis is placed on the study of relevant judicial practice. The provision on the need to differentiate criminal responsibility for illegal actions with amber depending on group forms of complicity is argued. It is proved that the proposed improvement of Art. 2401 of the Criminal Code of Ukraine will be consistent with the requirements established in jurisprudence for the construction of qualified compositions of criminal offenses. The theoretical position is supported, according to which, if the relevant composition of the criminal offense does not include such features as its commission by a group of persons and an organized group, then the qualification of the offense committed by the organizer and members of the group should be carried out with a reference in the qualification formula to part 2 or part 3 st. 28 of the Criminal Code of Ukraine with the inclusion in the legal wording of the indictment of the characteristics «committed by a prior conspiracy by a group» or «committed by an organized group.» Based on the study of judicial practice materials, it has been established that the exemption of persons who commit the analyzed crime from serving a sentence is widespread (Article 75 of the Criminal Code of Ukraine), and the imperfection of the sanctions of Article 2401 of the Criminal Code of Ukraine, considerations were expressed regarding their optimization, namely the consolidation in Part 1 of Art. 2401 of the Criminal Code of Ukraine provides for a fine as the non-alternative main punishment, and in Part 2 and Part 3 of this article - alternative punishments in the form of a fine and imprisonment for a certain period. The imperfection of judicial practice related to ensuring the individualization of criminal responsibility for «amber» torts has been demonstrated - the imposition of a fine as the main type of punishment in the minimum amount and failure to take into account the role, nature and degree of participation of each of the accomplices in the commission of a criminal offense.

Obstruction of the lawful activities of the Armed Forces of Ukraine and other military formations vs. complicity in evasion of military service during mobilization: problems of qualification in judicial practice

The article analyzes the final verdicts delivered in 2024 and posted in the Unified State Register of Court Decisions, in which the actions of the accused are qualified under Article 114-1 of the Criminal Code of Ukraine. The author identifies five variants of the defendants’ unlawful behavior which were qualified as obstruction of the lawful activities of the Armed Forces of Ukraine, namely, creation and/or administration of channels in Internet messengers for posting information on the delivery of summonses by employees of the Territorial Center for Manning and Social Training; drafting and issuance of knowingly false official documents which served as the basis for assigning a person a relevant disability group and which excluded the registration of vehicles for military use; issuing to other persons certificates, chevrons of membership in a public organization and enrollment in a volunteer military unit, which did not exempt such persons from military service; enrollment in a full-time higher education institution without relevant military registration documents for money and issuance of a certificate of enrollment; participation in blocking a vehicle in which employees of the Territorial Center for Recruitment and Social Training carried out mobilization activities on the territory of the. It is stated that most of the cases qualified under Article 114-1 of the Criminal Code of Ukraine are subject to criminal law assessment as complicity in evasion of conscription for military service under mobilization (Article 336 of the of the Criminal Code of Ukraine) or under other articles of the Special Part of this Code which provide for liability for the sole commission of the relevant crimes. The author identifies and characterizes the features of the object of the crime under Article 114-1 of the Criminal Code of Ukraine, as well as the signs of obstruction of lawful activity as a socially dangerous act.

The Essence of the Ex aequo et bono Method and the Rules of its Application for the Resolution of International Disputes

One of the most important functions of law is the resolution of disputes. However, legal means of dispute resolution, such as judicial settlement and arbitration, are often not chosen by the parties involved in international disputes. This can be explained by several reasons. In legal doctrine, it is a common view that parties avoid legal means due to the binding nature of the decisions rendered, yet this is far from the only reason why parties refuse these methods. In particular, one of the main reasons they avoid legal means is the uncertainty regarding whether the decision based on law will be equitable. There are many grounds for this, as legal norms contained in international legal documents, adopted several decades ago, may not correspond to modern realities. Therefore, the application of such norms can quite reasonably raise concerns among the parties about the potential for an inequitable decision based on them. In such cases, the method of ex aequo et bono may prove to be a practical tool for excluding the possibility of an inequitable decision based on legal norms. Contrary to popular misconception, the use of the ex aequo et bono method does not imply a complete rejection of legal norms. When applying this method, basic legal norms are often used to provide a legal foundation for decisions and to enhance their overall objectivity. However, in the application of the method ex aequo et bono, those legal norms that may lead to an inequitable decision are not applied. In this case, an equitable decision is often determined based on an analysis of the goals and principles of legal documents regulating the relevant issues, including an analysis of the document containing the legal norm whose application could have led to an inequitable decision. Thus, the ex aequo et bono method is a rather flexible peaceful means, combining valuable features of both equity and law. There is a deficit of information regarding the ex aequo et bono method in international legal documents. In particular, the lack of a clear definition, conditions, and rules for applying the ex aequo et bono method presents a significant obstacle to its extensive use in international practice. Therefore, appropriate lawmaking work should be undertaken in this area to fill legal gaps. The goal of the scientific article is to study the legal aspects of the ex aequo et bono method and identify the main problems negatively affecting the practice of its application. The results of the research showed the high practical value of the ex aequo et bono method in dispute resolution, especially in modern conditions when the use of flexible means is becoming increasingly relevant. The article aimed to condense, specify and expand legal knowledge about the ex aequo et bono method and may present significant scientific value for lawyers interested in judicial and arbitration practices; legal scholars; practicing judges and arbitrators; parties with unresolved disputes; as well as philosophers researching the relationship between equity and law.

Exemption from serving a sentence with probation for pregnant women and women with children under the age of seven as a means of probation: specific problems of application practice

The article highlights certain problems of the judicial practice of applying the institution of exemption from serving a sentence with probation for pregnant women and women with children under the age of seven as a means of probation. It was established that, unlike the general rule on exemption from serving a sentence with probation (Article 75 of the CC of Ukraine), the provisions of Article 79 of the CC of Ukraine are mainly focused not on the possibility of correcting a person without isolating him from society, but first, on ensuring the interests of the child. Courts adhere to the same position when, releasing those specified in part 1 of Article 79 of the CC of Ukraine, persons from serving a sentence with probation, do not motivate the possibility of correction of the specified category without isolation from society. It was found that in many cases the courts also do not consider the interests of the child when deciding provided for in Article 79 of the CC of Ukraine. Based on the analysis of law enforcement practice, the author concluded that courts follow the trend of “automatic” appointment of the institute under investigation, given the fact that the guilty party is pregnant or has a dependent child under the age of seven. The correctness of the legal position of the Supreme Court is emphasized, according to which the “automatic” application by the courts of the norm of Article 79 of the CC of Ukraine on the basis of the offender belonging to the category of persons provided for by the specified norm, is inadmissible, since its application must be preceded by an assessment of the person of the offender, the possibility of her correction without isolation from society and ensuring the interests of the child. It has been established that by fixing the provisions regarding the probationary period, which is set for those released from serving a probationary sentence under Article 79 of the CC of Ukraine, the legislator did not specify its minimum duration, constructing the relevant norm in such a way that it could be individualized depending on the age of the convicted child. At the same time, the courts in their decisions do not always indicate the specific age of the child, which makes it impossible not only to correctly determine the time limits of the examination period, but also to apply the investigated institute in general. The author found that some courts incorrectly apply the norm of part 1 of Article 79 of the CC of Ukraine regarding the determination of the probationary period, as they establish a probationary period that exceeds the time during which a woman can be dismissed from work in connection with pregnancy, childbirth and before the child reaches the age of seven. It was concluded that the correct practice of applying the provisions of Article 79 of the CC of Ukraine, means of probation are not only the determination of the state of pregnancy or the presence of a minor child in the convicted person and the determination of the probation period until the latter reaches the age of seven, but also taking into account the circumstances of the committed criminal offense, the guilty party and the interests of the child.

Interference with the legal professional activities of journalists: public danger and immediate objects

It is indicated that freedom of speech and self­expression are key components of any modern democracy. International and national legislation provides everyone with the right to freedom of thought, speech, and the free expression of their views and beliefs. At the same time, the practical implementation of these fundamental freedoms remains a difficult task. In Ukraine, the professional activity of journalists is under the protection of the state, and the legislative norms regulating this protection are generally sufficient. However, despite this, cases of obstruction of the legal professional activity of media representatives do not stop, as evidenced by judicial practice The work reveals main provisions on the public danger of obstructing legitimate professional activity of journalists (Article 171 of the Criminal Code of Ukraine), the direct main and additional objects of this tort. To clarify the content of these elements of the composition of a criminal offense, the concept of the object of a criminal offense as a legal relationship is taken as a basis. It has been established that the social danger of obstructing the legal activity of a journalist lies in the fact that this criminally illegal act has such a negative impact on society in general and the journalist in particular: 1) restricts freedom of speech, i.e. the right to freely express one’s thoughts; 2) hinders citizens’ access to information; 3) directly threatens democratic processes in the state; 4) leads to self-censorship; 5) negatively affects public consciousness, makes it more vulnerable and can lead to its manipulation; 6) threatens psychological and physical safety of journalists, their property, honor, dignity, etc., depending on the manifestation of interference with their legal activities. It is proposed to recognize state-protected legal relations in the sphere of the legitimate professional activity of journalists, which determine the order of such activity, as the main direct object of the criminal offense provided for in Art. 171 of the Criminal Code of Ukraine. It is argued that the criminal offense provided for in Art. 171 of the Criminal Code of Ukraine, usually includes direct additional optional objects, which can be legal relations related to the provision of criminal law protection of life, health, honor, dignity, property of a journalist, public order, normal activity of an organization, the right of citizens to obtaining reliable and objective information, etc. At the same time, direct additional mandatory object takes place only in case of committing the specified tort by an official using his official position.

The category of legal obligation in the judicial practice of the ECtHR

It is indicated that the category of duty, as opposed to the rights and freedoms of a person and citizen in the context of studying the content of the Convention and its interpretation in the practice of the ECtHR, has not yet become the subject of a comprehensive study. That is why we believe that the study of the understanding of the obligation in the content of the Convention and the corresponding practice of the ECtHR will be of urgent importance for legal science. The activity of the European Court of Human Rights on the application and interpretation of the Convention on the Protection of Human Rights and Fundamental Freedoms is increasingly gaining importance, particularly in the aspect of interpreting certain legal phenomena. The reason for this trend is the fact that the norms of the Convention on the Protection of Human Rights and Fundamental Freedoms are formulated extremely comprehensively from a content point of view, so their meaning in all the variety of content manifestations is revealed precisely in the practice of the European Court of Human Rights. The interpretative activity of the ECtHR is also of great importance for ensuring the principle of legal certainty. It is the interpretation of legal norms that allows the subject of law to understand their essence, purpose and purpose, as well as to correctly use such norms in certain legal situations. In addition, the interpretative activity of the Strasbourg Court is a tool for increasing the effectiveness of the implementation of convention norms and the level of protection of the legal rights and freedoms of a person and a citizen. And although the practice of the ECtHR does not provide us with definitions of legal obligation, it almost does not indicate its signs, however, responding to the dynamic development of social life, the ECtHR comes to more and more relevant interpretations of the studied concept. A clear example of this is the ECtHR’s chosen approach to the interpretation of the state’s obligations in the field of human rights, which provides for ever wider variations, without singling out exclusively negative or positive obligations. In addition, from the content of the Convention, we identified the concept of «ordinary civic duties» and gave them a description based on the judgments of the ECtHR. Finally, we emphasized the use in the practice of the ECtHR of the concept of «obligation of due diligence», which has not yet been properly developed in domestic science, but plays an important role in the doctrine of obligations.

Legal aspects of civil liability of healthcare professionals for violation of patients’ rights in the course of provision of medical services: current challenges and prospects for improvement of legislation

In today’s world, where the quality of medical services and patients’ rights are becoming increasingly important, the issue of civil liability of medical professionals is becoming extremely relevant. The article is devoted to a comprehensive study of the legal aspects of civil liability of healthcare professionals for violation of patients’ rights in the course of providing medical services in the context of current challenges and prospects for improving Ukrainian legislation. The article examines theoretical and practical issues related to the peculiarities of civil liability in the medical field. The legal basis for such liability, its forms and consequences are analysed. Particular attention is paid to the specifics of proof in medical cases and the problems faced by patients in defending their violated rights. The article analyses the judicial practice of consideration of cases involving violation of patients’ rights, identifies the main trends and problems of law enforcement. On the basis of this analysis, the author formulates proposals for improving the mechanisms of civil liability in the medical field. Special attention is paid to the new challenges facing the healthcare system in the context of technological progress and globalisation. The author examines the issues of liability in the use of telemedicine, artificial intelligence in diagnosis and treatment, as well as the problems of protecting patients’ personal data. Based on the study, the author proposes specific ways to improve Ukrainian legislation in the area of civil liability of medical professionals. In particular, the author considers the possibilities of introducing specialised rules on medical liability into the Civil Code of Ukraine, creating an effective system of pre-trial settlement of disputes in the medical field, and strengthening guarantees for the protection of patients’ rights. The article contains substantiated conclusions regarding the need for a systematic approach to reforming legislation in the area of civil liability of medical professionals. The author emphasises the importance of a balance between protection of patients’ rights and creation of favourable conditions for professional activity of healthcare professionals.

Determinants of crimes committed by members of criminal organizations in the sphere of circulation of narcotic drugs, psychotropic substances, their analogues and precursors

The article, based on the study of judicial practice and scientific literature, examines the determinants of crimes committed by members of criminal organizations in the sphere of circulation of narcotic drugs, psychotropic substances, their analogues and precursors. According to the results of the study, it was established that the actions of members of criminal organizations in the sphere of circulation of narcotic drugs, psychotropic substances, their analogues and precursors are determined by a complex of numerous factors, in particular: socio-economic (low level of socio-economic security of part of the population), moral and psychological (moral degradation of a certain part of society, its positive attitude to the use of prohibited substances, to the possibility of quick enrichment through violation of moral and legal norms), medical (drug addiction), socio-political (corruption, lack of a State strategy for drug policy in Ukraine), organizational and managerial (lack of forces, means and tools for combating these crimes, ineffectiveness of pre­trial investigation and trial in relevant criminal proceedings, low level of professionalism of some of the specified employees, difficulties of proving organized drug business operating on the Internet, problems of bringing these subjects to criminal responsibility), legal (imperfect grounds for criminal liability of members of organized criminal associations; shortcomings of the criminal procedural legislation, which determines the procedure for detection, pre-trial investigation and trial of criminal offenses, which allow the prosecution to complicate these processes; the system of punishments for committing them, as well as the system of execution and serving of such punishments, is ineffective).

Features of the regulation of the legal status of public law legal entities in France

In the article, the author considers issues related to the legal status of legal entities under public law in France. The legal status of legal entities under public law is regulated by the Constitution of France, special legislation in the field of administrative law. The article analyzes the criteria for distinguishing legal entities into legal entities of private and public law, developed by the judicial practice of French courts. In the article, the author examines the types of legal entities of French public law, in particular, the latter include: the state, territorial entities, public institutions. The article examines the legal nature and types of public service, which is carried out in the field of defense, transport, and industry management. The article defines a public service, as a rule, the specified services do not have the status of a legal entity, the specified status belongs to the state that creates these services. The author researches public institutions of France that belong to legal entities under public law. The article defines the concept of a public institution, classifies public institutions according to various criteria, and defines the organizational structure of these institutions. A variety of public institutions is industrial and commercial in nature. The author examines the historical aspects of the emergence and development of this type of institution. The article examines the characteristics of a public institution, in particular, the following characteristics are distinguished: 1) it is a legal entity under public law; 2) has a socially beneficial purpose; 3) is under the supervision (guardianship) of the state can be fully applied to the legal regulation of public benefit institutions, which also have the status of a legal entity, pursue a socially beneficial goal, and are under the supervision (guardianship) of the state. The article examines the legal nature of associations of persons of liberal professions (lawyers, attorneys, notaries, doctors, pharmacists, veterinarians, and others). The article examines the judicial practice of French courts on issues of compensation for damage caused by the activities of a state institution. The author examines and investigates issues of the legal regime of property of legal entities under public law.

О возможности признания публично-правовых образований и лиц, выступающих по их специальному поручению, контролирующими должника и привлечении их к субсидиарной ответственности

One of the central legal concepts of insolvency (bankruptcy) as a complex branch of legislation in Russia is the so-called “controlling debtor”, which appears in disputes on bringing to subsidiary liability in bankruptcy proceedings. Traditionally, legal science and judicial practice consider as such individuals and legal entities that may determine the debtor’s behavior by virtue of legal or actual affiliation with the debtor. However, public-law entities and persons acting on their special instructions in the debtor’s management bodies escape from the field of view of doctrine and practice. In this connection, the authors in this article analyze the possibility of bringing public-law entities and persons acting on their special instructions to subsidiary liability within the framework of the Federal Law “On Insolvency (Bankruptcy)”. In the course of the study, the authors come to the conclusion that it is necessary to distinguish between subsidiary liability of public legal entities and persons acting on special instructions in the debtor’s management bodies. on special assignment in the debtor’s management bodies. In addition, the authors give a negative assessment of the possibility of bringing to subsidiary liability persons acting in the management bodies of the debtor by special order and on behalf of publiclaw entities, since there is no guilt - one of the mandatory elements of the offense. The relevance of the article consists in revealing the peculiarities of bringing to subsidiary liability of persons acting on special assignment on behalf of public-law entities.

Электронная подпись в сделках с недвижимостью

of real estate transactions. The paper analyzes the main approaches to understanding the essence of electronic signatures through the prism of experience of domestic and foreign legislators. Mechanisms for the use of electronic signatures in real estate transactions are presented. The issues related to the use of electronic signatures in real estate transactions are outlined, taking into account judicial practice.