Participants Of Legal Relations Research Articles

International and national legal guarantees for the realization of the status of groups of people with low mobility

The article analyses the international and national legal guarantees for the implementation of the status of groups of people with low mobility. The article identifies the key principles of international normative acts in the field of rights and freedoms of groups of people with low mobility. Their significance lies in guaranteeing the relevant areas of activity of Ukraine as a State party to create legal, economic, social, and other conditions for ensuring the rights and opportunities of persons with low mobility on an equal footing with other participants in legal relations. The status of implementation of international guarantees of the status of groups of people with low mobility in national legislation is analysed. The Constitution of Ukraine, the primary laws of Ukraine ‘On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine’, ‘On the Status of War Veterans, and Guarantees of Their Social Protection’, normative acts of the President of Ukraine “On the National Program of Vocational Rehabilitation and Employment of Persons with Disabilities for 2001-2005”, “On Measures to Strengthen Social Protection of Persons with Disabilities; the Cabinet of Ministers of Ukraine’s regulations on Measures to Improve the Situation of Persons with Disabilities, On Approval of the Action Plan for Creating an Unhindered Living Environment for Persons with Disabilities and Other Low-Mobility Groups for 2009-2015 ‘Barrier-Free Ukraine’, and many others are studied. The implementation of the regulations has resulted in the creation of an unhindered living environment for groups of people with low mobility, the functioning of training courses on creating an unhindered environment for the life of people with disabilities, etc. The author substantiates the view that the provisions of the analysed current legal acts are the basis for the further formation and implementation of the State policy on the development and adoption of State social guarantees in general and for groups of people with low mobility in particular, national standards and technical specifications, and also for conducting research and development and research work on the implementation of the principles of reasonable accommodation and universal design.

Правовое решение: понятие и функции

The article is devoted to the substantiation of the fact that the understanding of legal decisions as acts emanating from state-power subjects, creating legal norms or specifying the content of the rights and obligations of participants in legal relations, is unjustifiably narrow. It is proposed to consider a legal decision as a means of presenting legal requirements that reflect the subject’s ideas about fair and expedient, expressing his legal choice and justified by a reference to generally binding legal imperatives or his own subjective law. The author pays special attention to the analysis of the signs of legal decisions and their functions.

Об уголовной ответственности за неисполнение обязанностей при выдаче квалифицированного сертификата ключа (электронной цифровой подписи)

The article is devoted to the urgent problem of ensuring the proper circulation of qualified key certificates (electronic digital signature) by criminal legal means. The criminological aspects of crime in the field of electronic document management are investigated. The reasons for the criminalization of this sphere and the formation of illegal infrastructure in it are noted. Violations in the registration of certificates of electronic digital signature keys determine economic and ordinary crimes. The necessity of improving the legal responsibility of participants in legal relations in the field of electronic document management is substantiated. Bottlenecks have been identified in the legislation regarding non-fulfillment or improper fulfillment by an employee of the certification center of his professional duties. The authors supported the draft laws of previous years on the introduction of criminal liability for offenses in the field of electronic document management. The necessity of finalizing modern legislative initiatives in this area is substantiated. A review of judicial practice confirmed the expediency of supplementing the Criminal Code with Article 327.3 "Unlawful actions in relation to an enhanced electronic digital signature". Responsibility for illegal actions of an employee of an accredited certification center for issuing an electronic digital signature is proposed. The range of subjects of the crime has been clarified. These include employees of certification centers, citizens who purchase electronic digital signatures and are their owners, as well as representatives of intermediary organizations.

Formation of the preconditions for the emergence of criminalistics as a science in Ukraine (9th–18th centuries)

The article examines the peculiarities of the emergence and formation of methods of forensic investigation, which over time, in the 19th century, took shape in the science of forensics. To solve the problems, the authors used several methods, both general scientific and special. Among them: formal-legal, comparative-legal, historical-legal, dialectical, historical, systemic, hermeneutic, etc. The authors identified the main, in their opinion, stages of the development of criminology in Ukraine, starting with the formation of the Old Russian state. The first steps of the creation and implementation of forensic methods during the investigation of crimes, which were enshrined in the most famous monuments of law – «Laws of King Hammurabi», «Laws of the XII Tables», Byzantine legal collections, «Ruska Pravda», «Lithuanian Statutes», «The rights by which the Little Russian people are judged.» The article proves that the formation of individual manifestations of forensic research in Ukrainian lands during the Middle Ages and the first centuries of modern history was based on world experience in this area, as well as on the idea of justice, the need to restore law and order. It is emphasized that the formation of ideas about the methods of forensic research that appeared in Ukraine is connected with the genesis of the Ukrainian legal system and turned, over time, into one of its institutions. The authors suggest that, in contrast to the application of punishment, which had a class character, the organization of forensic investigations established the truth and therefore did not depend on the class affiliation of the participants in legal relations. The opinion that both in ancient times and at the beginning of the Middle Ages, forensic methods were closely intertwined with the elements of the investigative process, within which they were actually applied, is substantiated. It was established that the crippling forms of punishment, which were applied by court decision, were also intended to «emphasize» the identity of the criminal, to single him out in order to facilitate the search in case of repeated offenses. The authors concluded that the legal regulation of forensic research methods became a guarantee of their development, distribution and transformation, over time, into an independent science.

Развитие идеи всеобщего юридического равенства в России в начале ХХ в.

The article considers the features of the theoretical and ideological formation and development of the idea of universal legal equality of participants in legal relations in Russia at the beginning of the twentieth century as one of the basic principles of state law. Political and legal views on this issue of a prominent Russian jurist of the early twentieth century, F.F. Kokoshkin, are being analyzed. Destructive factors and remnants of feudalism that impede state transformations and the introduction of the principle of universal legal equality in Russia are analyzed, such as estate, restrictions on nationality, and unwillingness to the transformations of various political forces represented in the State Duma.

Normative act in the administrative litigation legislation and practice: definition and distinction from similar phenomena

The article indicates that, regardless of the form of the official document, the fact that it governs through its generally binding provisions the legal status (establishment, change or termination of rights and duties) of an unlimited circle of participants in legal relations to which this official document applies (the general direction of the rules of conduct) rather than covering only specifically defined (personified) persons - are sufficient conditions for ascertaining the normative nature of a particular official document or its certain provisions. It was established that if an official document is not characterized by these properties or only one of them is inherent in it (mandatory nature of the rule of conduct that it establishes, changes or terminates, its general orientation and the possibility of its repeated application), then this indicates that a document belongs to acts of official interpretation of legal norms (including those that are formally binding for their issuers) or acts of application of law (including administrative acts), public policy documents or other official documents.
 In addition, the author drew attention to the fact that, unlike normative acts, individual legal acts are formally binding for specific (clearly determined) persons and define only their individual rights and/ or duties within particular situations, exhausting their legal validity after their settlement. Equally important is the correct separation of normative acts from acts of official interpretation (clarification) of law, which, having a general nature and being calculated for the use of their interpretatory provisions during the period of validity of respective legal rules are not legally binding for participants in legal relations regulated by the relevant law. At the same time, it was noted that according to established judicial practice, which is based on the principles of the rule of law (primarily, on legal certainty as its component) and good governance, acts of official interpretation (clarification) of legal rules, as a general rule, bind their issuers, but due to the lack of such an effect for other participants in the respective legal relationships, these acts are not universally binding in the literal sense of this feature.

Transfer pricing: A European perspective for Ukrainian legislation and practice

The transfer pricing issue is urgent for Ukraine considering the extreme need to attract funds (including from foreign partners) for the reconstruction of the state in the conditions of martial law and post- war times. Given the above, the purpose of this study was to cover the specific features of the implementation practice and court resolutions regarding the transfer pricing disputes in Ukraine, as well as the prospects for implementing the relevant provisions of supranational directives of the European Union. The formal- logical and concrete-legal tools, including the abstraction, formal legal and comparative legal methods, helped to cover the legal status of participants in legal relations, application of the “arm’s length” principle, corresponding and compensating adjustments, procedure and functional characteristics of transfer pricing, evaluating the documentation, guaranteeing access to information sources of the appropriate quantity and quality, considering the practice of the Supreme Court of Ukraine regarding transfer pricing and the regulations of the European Union Transfer Pricing Directive. The study proved that confirming the amounts of expenses is to be implemented following the legally defined procedure for transfer pricing regarding the obligations to increase the financial result of the tax (reporting) period, proper tax reporting and control, responsibility for non-submission/overdue submission of a report on controlled transactions. The application of the “arm’s length” principle was established considering such imperative criteria as determining the taxable profit and checking the factual price in the relations with non-residents, comparability of economic transactions in the context of assessing the factual controlled transaction. Criteria for the comparability of economic transactions were summarised related to assessing the essential properties of the transaction itself, the nature of assets and risks, goods transferred and/or the services rendered, fundamental and dynamic strategies of behaviour, economic status, performed functions of associated participants in legal relations. The practical value of this study for researchers, law enforcement bodies, and stakeholders lies in the coverage of the European perspective on transfer pricing implementation for Ukraine

Применение технологий искусственного интеллекта при подготовке и реализации индивидуальных актов органов публичной власти и их должностных лиц: реалии и тенденции

Purpose. Research and identify features of the use of artificial intelligence technologies in the preparation and implementation of individual acts of public authorities and their officials; and also identify the risks that arise when using artificial intelligence technologies in the process of adoption and implementation of individual legal acts. Methodology: the article uses methods of comprehensive research and system analysis, synthesis, formal legal. Conclusions. The study allowed us to conclude that AI is currently used, in particular, when informing participants in legal relations about the activities of public authorities and their officials, the procedure for their adoption of individual legal acts and their implementation, the procedure for contacting these bodies and officials, the procedure for appealing decisions and actions; when citizens and legal entities apply to public authorities and their officials; in the process of adoption of individual legal acts; in the process of implementing individual legal acts and monitoring their implementation. Scientific and practical significance. This study allows us to draw scientific attention to the issues of using AI in the process of preparing and implementing individual acts. The conclusions formed in the article can serve as the basis for further scientific discussion.

Exhaustion of rights and parallel import: legal assessment from the point of view of security

In the context of external challenges and threats, integration and digitalization of the economy, attention is growing to the issues of exhaustion of rights or parallel imports. The article considers the issues of exhaustion of exclusive rights to intellectual property objects from the point of view of ensuring security.The object of the study is the model of exhaustion of exclusive intellectual property rights in Russia, its features from the point of view of ensuring various types and levels of security. Based on the proposed periodization of the legal regulation of exhaustion of rights in Russia in the context of Eurasian economic integration, the author examines the formed model of exhaustion of intellectual property rights, highlights its features, identifies options for its scientific justification from the standpoint of ensuring national security in the context of internal and external threats.Methods of systemic, historical and institutional analysis, formal logical and comparative legal methods were used. The author proposes a periodization of the legal regulation of exhaustion of rights in Russia in the context of Eurasian economic integration, a classification of participants in legal relations directly or indirectly involved in the mechanisms of creation, use and turnover of intellectual property rights. Attention is drawn to three aspects of the mechanism of exhaustion of rights that has developed and is developing in Russia: the conceptual apparatus of the mechanism, the complexity and multilevel nature of the security provided by it and the mobile nature of the mechanism of exhaustion of rights. Conclusion are drawn that in modern Russia the established model of exhaustion of rights, combining elements of regional and international principles of exhaustion, can be considered as a way to counteract sanctions pressure, measures to protect domestic copyright holders, producers and consumers, measures to support the domestic economy, conditions for the formation and strengthening of technological sovereignty. It is proved that the established correlation of various models of exhaustion of rights in Russia reflects the dominance of aspects of national security protection, the strengthening of economic components of intellectual property rights protection.

THE MAIN SUBJECTS OF THE CONSTITUTIONALIZATION OF CRIMINAL LAW AND CRIMINAL PROCEDURE OF THE REPUBLIC OF KAZAKHSTAN

The relevance of the topic of constitutionalization of the legal system in general and the criminal legal sphere in particular is predetermined by the increased importance of the ideas of the rule of law, constitutionalism and constitutional order in the modern world. In this aspect, the concept of constitutionalization is increasingly used in legal doctrine and legal practice, denoting an integral system of effective implementation of constitutional and legal values and principles in the norms of Kazakh legislation and law enforcement practice. The significant role of the norms of the Constitution of the Republic of Kazakhstan determines their regulatory, organizational, value and human rights impact on the formation and development of criminal and criminal procedural legislation. In this regard, the role and importance of constitutionalization subjects increases, the degree of their influence on the formation of legislative proposals for improving legislation, as well as on the adoption of legislative acts that ultimately determine the regime of constitutional order and constitutional legality. The immediate results of constitutionalization are ensured through law enforcement activities and lawful behavior of participants in legal relations. In this regard, it seems necessary to consider the role of the main subjects of the constitutionalization of criminal law and the process in conjunction with the analysis of such concepts as sources of constitutionalization, objects of constitutionalization, auxiliary subjects of constitutionalization. The article analyzes these issues taking into account the fact that the Kazakh doctrine has not yet developed scientifically sound proposals that would consider constitutionalization as a complex system with its interrelated elements: subjects, object, content. The author of the article considers the constitutionalization of criminal law and criminal procedure law as an independent institutional phenomenon of legal reality, the end result of which is the regime of constitutional order and constitutionalism. The main engine and locomotive of constitutionalization will be the subjects that establish, modify, specify or cancel the operation of the norms of national legislation, taking into account constitutional values.

To the Question of the Distribution of the Risk of Non-Achievement of the Result in the Sefre of Providing Medical Services

The article analyzes the issues of risk distribution of failure to achieve results in the provision of medical services and concludes that the distribution of risks falls on the customer of such a service. The beneficial effect of the medical service is absorbed by the patient in its process. Despite the wording of the legislation on the protection of citizens’ health, quality assessment issues are solved not through the prism of determining the degree of achievement of any result, but through the ratio of performed actions (medical manipulations) in comparison with the prescriptions of the standard of medical care. The authors believe that the medical service itself never has a materialized result, the intangible result is also not guaranteed by the service provider, but only the proper fulfillment of the terms of the contract by him. It is revealed that the medical service does not have a materialized result, and the objects that are used in the process of medical manipulations arise from contractual relations and are used as things in the process of providing a medical service. It is concluded that such things become part of human tissues and organs as a result of their implantation and lose the properties of things, becoming an integral component of his body. The medical organization guarantees the proper performance of the service, which ensures a balance of interests of the participants in legal relations for the provision of medical services, in which each party is obliged to fulfill the terms of the contract properly.

Načelo nezavisnosti i prevara u poslovima dokumentarnog akreditiva i samostalne bankarske garancije

This paper analyzes the independence principle and the impact of fraud on the obligation to pay letter of credit or guarantee amount in documentary letter of credit and independent bank guarantee. The independence principle implies that participants in legal relations base their rights and obligations only on facts of the relations in which they find themselves in. The most important exception to independence principle is fraudulent claim for collection. First of all, rules of the ICC and UNCITRAL were discussed. It is necessary to start from rules of these organizations because they adopted the most important autonomous sources of law for these transactions. Then, rules of American and German law are analyzed with the aim of determining the necessary standard of fraud in these legal systems, since this issue is not regulated in detail in Serbian law. Therefore, it is necessary to consider comparative solutions. In the last part, fraud is discussed from Serbian law point of view. In Serbian law, the most important mechanism for protection against fraud are court interim measures which prohibit payment of the letter of credit, i.e. the guarantee amount.

Conceptual Foundations of Positive Responsibility: Legal Aspect

The paper examines the main theoretical approaches to understanding the phenomenon of the rule of law and determining its essential characteristics, identifies the advantages and disadvantages of the most common points of view of scientists within the framework of scientific discourse devoted to the idea of building a rule of law and the possibility of its real implementation. The author concludes that in a state governed by the rule of law, the binding of power by legislative prescriptions cannot and should not be an end in itself, such a restriction is necessary to fully ensure the rights and freedoms of a citizen, when the state itself really recognizes the highest value of human rights, recognizes their priority. At the same time, attention is drawn to the fact that even the availability of the widest possible range of opportunities for a person to exercise his rights and freedoms does not guarantee the emergence of a desire, an aspiration to actually implement them, is not a guarantee of proactive, responsible legal behavior of citizens.The author proposes to introduce another essential characteristic of the rule of law: its citizens are self-determined, aware of themselves as bearers of positive legal responsibility. The main aspects of the scientific discussion about its essential characteristics and place both within the framework of legal responsibility and in the legal plane as a whole are investigated. The point of view is substantiated, according to which its positive component occupies a rightful place in the structure of legal responsibility: this is the driving force for bona fide participants in legal relations, while it is tied to the legal plane through legal awareness, it relies on it here. It is proposed to consider positive legal responsibility as a form of realization of a developed, mature legal consciousness of a person and its practical significance is shown by the example of a trial with the participation of jurors.

Examination in the Conditions of the Moratorium Regime

The paper attempts to theoretically substantiate a new legal institution in the system of administrative law, which requires independent scientific understanding. The author identifies the essential features of the moratorial administrative law regime, allowing to determine its place and purpose in the system of administrative law regulation. In the process of analyzing the urgent legal norms adopted in the Russian Federation in recent years, it has been established that many administrative law institutions are implemented within the framework of the moratorium regime. One of them is the Institute of expertise in the field of public administration. On the one hand, examination as a professional tool for assessing legally significant circumstances and facts necessary for making a public management decision provides an additional safeguard of compliance with the interests of the state, society and the individual in the implementation of economic or other activities. On the other hand, it acts as an administrative barrier, the overcoming of which requires additional time, labor, and financial costs from the participants of legal relations. In this regard, the establishment of moratorium measures in the implementation of the institute of expertise in the field of public administration should be recognized as justified in emergency conditions. Special attention is paid to the characteristics of the main types of the moratorium in the field of state expert activity.

Legal regulation of the interaction of the armed forces of Ukraine and voluntary formations of territorial communitie

The peculiarities of the interaction of the Armed Forces of Ukraine with territorial defense units and voluntary formations of territorial communities in the conditions of aggression of the Russian Federation against Ukraine, the problems of legal support for such interaction and the legislative determination of the status of voluntary formations of territorial communities are considered. Formulation of the problem. As a result of the imperfection of the legislation concerning the territorial defense of Ukraine, there are problems of interaction between the Armed Forces, territorial defense and voluntary formations of territorial communities. The contradiction of individual articles of Ukrainian legislation provokes a decrease in the level of effective use of territorial defense and voluntary formations of territorial communities in the conditions of full-scale aggression of the Russian Federation against Ukraine. Analysis of recent research and publications. The full-scale war of the Russian Federation against Ukraine has led to the consideration of the problems of regulatory support for the territorial defense of Ukraine and the voluntary formations of territorial communities. A. L. Beikun and O. M. Romashko in their work consider the essence and content of the legal regulation of the security and defense sector of Ukraine, the effectiveness of the interaction of all components of the security and defense sector, including the Ukrainian Armed Forces in the conditions of Russian aggression. Yu. L. Kolhushkin in his dissertation highlights the issue of administrative and legal provision of territorial defense of Ukraine. Troianskyi O. A. analyzes the legal principles of citizens’ participation in the territorial defense of Ukraine and voluntary formations of territorial communities, he analyzes the main components of territorial defense, considers the peculiarities of the formation of voluntary formations of territorial communities. Main material. Legal regulation of the interaction of the Armed Forces of Ukraine and voluntary formations of territorial communities provides for ordering and regulating the behavior of the specified participants in legal relations with the help of legal norms. The need for proper regulation of the interaction of the Armed Forces of Ukraine and the Defense Forces of Ukraine arose in connection with military operations in the conditions of aggression of the Russian Federation against Ukraine in accordance with the Law of Ukraine No. 1702-IX “On the Basics of National Resistance”. Territorial defense forces exist in many states and are one of the factors in strengthening the state's defense capability. In most countries, the territorial defense forces are closely related to the armed forces or are their integral part. The legislation of Ukraine defines the voluntary formation of a territorial community as a military-civilian component of territorial defense, a paramilitary unit formed on a voluntary basis from citizens of Ukraine living within the territory of the relevant territorial community which is intended to participate in the preparation and fulfillment of territorial defense tasks. Changes made to the legislation of Ukraine regarding the interaction of the Armed Forces with voluntary formations of territorial communities and the use of units of voluntary formations of territorial communities in the combat zone have created some problems. This concerns the inconsistency between the new content of the status of voluntary formations of territorial communities and the obligations during the formation, material and technical support of voluntary formations of territorial communities as well as rights and guarantees for territorial defense and voluntary formations of territorial communities. It is necessary to emphasize that the regulatory support for the interaction of the Armed Forces of Ukraine and the voluntary formations of territorial communities needs further improvement, firstly, a clear definition of the status, rights and guarantees of voluntary formations of territorial communities; secondly, provision of the financial component and, thirdly, material and technical support, including weapons and military equipment.

Optimization of public administration methods in the conditions of digitalization

The article touches upon the issues of the optimization of public administration methods in the conditions of digitalization. It has been established that the digitalization of public administration leads both to the introduction of new digital methods in public-authority activities and to the qualitative change of already existing and established ones. Among the new digital methods and technologies of public administration, the following are highlighted: the method of big data analysis, which involves the processing of a significant array of large volume and variety of data, which are analyzed with the help of special computer technologies and significantly increase the efficiency of planning and forecasting in public administration; the use of artificial intelligence, chatbots in the process of powerful interaction with private entities for the implementation of the most important public functions and services; use of complex digital solutions.It is noted that the digitalization of public administration methods occurs not only in relation to the external influence of public administration (on private, organizationally separate entities), but also involves updating the methods of intra-organizational activity of public administration entities. The latter requires an updated personnel strategy and the formation of digital competencies among public servants. A conclusion is made regarding the possibility of extrapolation of the “smart working” model to the public service in those areas where it is possible, which uses new technologies to increase the productivity and satisfaction of employees from work, including remote, and digital workplaces.It is stated that the challenges of modernity and technological shifts also change the nature of the established methods of public administration. Tendencies towards their liberalization and flexibility of application have been revealed. The specified changes are characterized by the example of updating the classical methods of public administration: coercion, warning, and encouragement in connection with the digitalization of public administration. It was concluded that digitalization provides an opportunity to make the interaction of public administration quite flexible, due to the possibility of prompt resolution of a wide range of problematic situations and alternative options for the behaviour of participants in legal relations

Review of the Practice of Administrative Proceedings in Cases of Challenging Actions (Inaction) and Decisions of Control and Supervisory Authorities on the Restoration of Violated Mandatory Requirements

Problem statement. Currently, the process of improving administrative legal proceedings is actively underway in the Russian Federation. It involves, in particular, the development of legal proceedings in cases of challenging actions (inaction) and decisions of control and supervisory authorities on the restoration of violated mandatory requirements, that is, on the resolution of restoration disputes. This, in turn, requires identification and detailed analysis of the problems that arise in judicial practice in this category of cases. Such allocation will help to further improve the administrative-procedural legislation and more effective protection of the rights and legitimate interests of participants in legal relations. Goals and objectives of the study. The purpose of the work is to identify existing problems and difficulties that arise when courts resolve cases on challenging actions (inaction) and decisions of control and supervisory authorities on the restoration of violated mandatory requirements. This requires solving the tasks of determining the subject of such disputes, delineating the competence of courts of general jurisdiction and arbitration courts to resolve them, determining the applicable legislation, as well as identifying specific types of judicial errors in this category of cases. Methods. During the research, systematic, logical, formal legal methods were used. Results, brief conclusions. According to the results of the study, conclusions were drawn about the presence of certain typical categories of errors when resolving cases by courts on challenging actions (inaction) and decisions of control and supervisory authorities on the restoration of violated mandatory requirements. These errors are systematized and the possibilities of their prevention are indicated, taking into account the legal positions of the Supreme Court of the Russian Federation.

Private Enforcer as a Participant of Legal Relations in the Executive Process

Private Enforcer as a Participant of Legal Relations in the Executive Process

The Methodological Significance of Werner Maihofer’s “legitimate expectation” Category for the Judicial Practice of the Supreme Court


 
 
 The article is devoted to the analysis of the actual judicial practice of the Supreme Court regarding the interpretation and application of the concept of “legitimate expectations.” For the purpose of a detailed analysis of this institute, the scope of its application by the Supreme Court is conditionally divided by the author into three separate blocks: 1) regarding the protection of property rights − reasonable expectations as a component of the concept of “property;” 2) regarding the proper implementation of their own competence by subjects of authority; and 3) regarding the good faith and reasonable behavior of equal participants in legal relations. It has been established that each of these blocks has an excellent understanding of the idea of legitimate expectations, the order and conditions of its application by the Court. Two polar positions of the Court are followed: if in one case the Court satisfies the claim, recognizing that legitimate expectations are violated, referring to their rootedness in the very essence of the legal relationship (i.e. regardless of the legal norm), then in the other case − it refuses to satisfy the claim due to the lack of normative consolidation of the right or interest, for which such an expectation could arise. The author substantiates the statement that the inconsistency of the Supreme Court, the inconsistency of its positions regarding the application of the concept of legitimate expectations is largely due to the lack of an appropriate doctrinal foundation. The idea of “reasonable”/“natural”/“legitimate” expectations proposed by the existentialist legal philosopher Werner Maihofer (1918–2009) could, in the author’s opinion, become this doctrinal core and contribute to the unification of the understanding of the category of legitimate expectation in judicial practice. A separate aspect of the research was the clarification of the presence/absence of connections between the modern judicial interpretation of the concept of “legitimate expectations” and its doctrinal interpretation − the views of Maihofer and establishing the possibility of applying the ideas of the German philosopher of law for the doctrinal justification of the institution of legitimate expectations within those limits and at preservation of those contents which are necessary and sufficient for effective legal protection. In the investigation proposed by the author, the need to take into account in the judicial practice of the Supreme Court the arguments of the German philosopher of law regarding legality and the need to protect such an expectation that arose as a result of established and desirable or permissible behavior in the social community, which, however, is not supported by a legislative norm. Moreover, the application of such an approach should be the basis of all positions of the Court in which we are talking about legitimate expectations, regardless of whether such expectations arose on the basis of an existing right or interest, or a potential, “future” right, or related they are related to the powerful activity of authorized subjects, or arose on the basis of private law relations, etc.
 
 

Legal institutionalization of the interests of the Russian Federation in the field of greenhouse gas emissions reduction

Climate has a significant impact on agricultural production. The development of climate legislation is currently relevant for both national and international legislation. The period after the accession of the Russian Federation to the Paris Agreement was marked by the adoption of a large number of regulatory legal acts in the field of climate protection, including the reduction of greenhouse gas emissions. However, this institute began its development long before this event – with scientific research and public interest, and went from international recognition of the global goal and consolidation of the principles of climate protection to the implementation of individual norms into national legislation, first, and then in the form of the formation of a system of legal regulation. This article is devoted to understanding from a legal point of view the process of legal institutionalization of public relations in the field of climate protection and, including the reduction of greenhouse gas emissions. Since our country's accession to the Paris Agreement, there has been a process of active formation of legal norms in the field of climate protection and reduction of greenhouse gas emissions, both at the level of federal laws and subordinate regulatory legal acts, as well as through the adjustment of legal norms of related legislation. That is, public relations are consolidated through the norms of law, public legal and private-law ways of influencing participants in legal relations developing in the field of climate protection and reduction of greenhouse gas emissions in Russia.