Law Science Research Articles

Исковая давность: анализ отдельных предложений по совершенствованию законодательства

The article analyzes the problem of legal regulation of the limitation on actions period in civil relations. In the science of civil law there are constantly conducted studies of such issues as the application of statute of limita-tions, the expiration of its term, the performance of duties by the subjects of civil law after that, as well as the restoration of the statute of limitations. This is due to the fact that the subjects of civil legal relations, in the course of their activities, are constantly faced with the terms under consideration and their application in prac-tice. At the same time issues in law enforcement arise. Necessity of systematic analysis of gaps and contradic-tions in the legal regulation of the institute of limitation of actions, as well as their systematization for improve-ment of legal regulation became the main determining factors in choosing the topic of scientific research.

Law and management in sport, in the activities of third sector organizations on the example of the Association of the Scientific Law of Sports Law

Law and management in sport, in the activities of third sector organizations on the example of the Association of the Scientific Law of Sports Law

Property Tax Legal Relations: Concept and Features

The article is devoted to the study of the essential features of property tax legal relations in Russia. The author analyzes the legal positions of the Constitutional Court of the Russian Federation in the field of taxation and highlights certain approaches to understanding property tax legal relations. As part of the study, the author focuses not only on studying the practice of the Constitutional Court of the Russian Federation, but also explores the existing scientific views of the science of financial law, as well as civil law. The author highlights the features of property tax legal relations that characterize both their public law form and economic content. In connection with the findings, the article formulates the author's definition of property tax legal relations.

Financial Law Science and New Institutional Structures

The article analyzes the current state of financial and legal science. It is emphasized that it performs descriptive and prognostic functions, and therefore, today, in the context of a rapidly changing legal reality, it accumulates material for the creation of a legal methodology. It is noted that attempts to change the concept of financial law as a branch of law, including not only public, but also private finance, are becoming more frequent. The reasons for the inconsistency of such a position are indicated. It is emphasized that the modern science of financial law "gives birth" to new institutional structures that require in-depth research. The main reason for this is the change in the subject of financial law, which today is defined through the category of "public finance". Special attention is paid to the enumeration of those financial and legal institutions that are generated by the expansion of the subject of financial law to the level of public finance, as well as other financial and legal institutions, in which have arisen today within the framework of budget and tax law. These include: the Institute of finance of state corporations and companies, the Institute of non-state monetary funds burdened with a public function, the Institute of deoffshorization, the Institute of treasury support, the Institute of treasury payments, etc.

On the role of the institution of categorization of criminal offenses in combating crime

The theoretical and practical aspects of the importance of the institute of categorization of criminal offenses in the Republic of Kazakhstan in combating crime are considered. The authors analyzed the modern legal understanding and law enforcement of the institute of categorization of criminal offenses from the point of view of criminal legislation and the science of criminal law. The authors presented a number of novelties and recommendations for further improvement of law enforcement activities in the current criminal legislation of the Republic of Kazakhstan. The difficulty for legal users lies, for example, in the fact that there are separate articles consisting of several parts, part of one article of which can be attributed to four different categories of crimes (for example, articles 120, 121, 122 of the Criminal Code refer simultaneously to crimes of medium, severe, especially grave severity; article 143 of the Criminal Code is less serious, grave means crimes of medium gravity, grave; Article 367 of the Criminal Code means all four categories of crimes at the same time: Part 1-less serious, part 2-medium gravity, part 3-serious crimes, etc.). This issue deserves detailed independent research and understanding. As a positive example, we will cite the legal technique used in Article 7-1 of the former Criminal Code of the Kazakh SSR “the concept of a grave crime”. The legislator of that period clearly defined the concept of a serious crime, since he compiled a list of all serious crimes falling under this category. This made it easier for law enforcement agencies to manage events in the process of work and to give the right qualifications for certain crimes committed, which, in turn, means the correct imposition of punishment.

Concepts and types of administrative and legal forms of activity of the State Bureau Of Investigations of Ukraine

Based on the analysis of scientific concepts, various interpretations of the concept of "form", "administrative-legal form", "form of managerial activity" are considered from the point of view of the science of administrative law and the theory of management of law enforcement agencies. It is indicated that the definition of the concept and content of the administrative-legal form contributes to a full-fledged study of the specifics of the competence of the State Bureau of Investigation of Ukraine, their place in the system of law enforcement agencies. The proper definition of the administrative and legal form of activity of the SBI of Ukraine as a law enforcement body is provided, which should be understood as the external expression of administrative actions (procedures) of the bodies of the SBI of Ukraine (their officials), which are defined by administrative and legal norms, are carried out within the limits of the competences and powers granted by law, aimed at the achievement of certain goals and the fulfillment of the tasks assigned to the SBI of Ukraine by the state, and which, in the process of implementing executive and administrative activities, may or may not cause legal consequences.
 It is emphasized that the administrative and legal forms of activity of the SBI of Ukraine are characterized by the following features: 1) they are external ways of expressing the activities of the SBI bodies of Ukraine; 2) regulated by normative legal acts; 3) are used for the purpose of performing tasks and implementing functions assigned to the SBI of Ukraine in the law enforcement sphere; 4) are defined and applied within the competence of the SBI of Ukraine and depend on the scope of powers of the employees of the SBI of Ukraine; 5) are chosen depending on the ultimate goal, the achievement of which the activity of this law enforcement body is aimed at; 6) mostly cause certain legal consequences.
 It was concluded that according to the current legislation of Ukraine, the administrative forms of activity of the SBI of Ukraine should be divided into two types: legal and organizational forms, based on the significance of the consequences that arise as a result of the implementation of the powers granted to it by law. Legal administrative forms include those that cause the appearance of a specific legal result. Legal forms in the activity of the SBI of Ukraine include: 1) issuance of departmental normative acts; 2) conclusion of agreements; 3) committing legally significant actions. It is indicated that those forms that do not directly have legal significance are illegal. These include: holding meetings, developing plans, projects and programs, forecasting actions, providing methodical recommendations to structural units, taking appropriate measures aimed at improving the quality of practical activities of units.

Investigating the Role of Culture in Legal Practices in Spain

Law, as the science that organizes and regulates society, will inevitably change its method and approach with the change in social relations. Developments, especially in the field of public law, with the speed with which the laws adopted in the legislative process cannot be adapted and updated with them, have made other sources of law, such as judicial procedure, have different functions. The following article seeks to examine and analyze the question of whether culture has influenced the formation of judicial procedure in Spanish public law. And in case of a positive answer, in what form? The results of the positive response to the developments in the contemporary world and their impact on the science of law are the judicial procedure in three parts: a) creating and establishing new norms, b) supplementing the existing norms in the legal system, c) protect the rights and freedoms of individuals, which have been recognised as a consequence of the status of judicial proceedings among the sources of public law and its promotion.

Content of the contract as a type of employment contract

The current state of legal regulation of mandatory and additional terms of employment contracts and contracts in Ukraine has been studied and its shortcomings have been identified. It has been specified that a rather long legislative uncertainty regarding mandatory and additional terms of an employment contract and the current conflict of legislation on this issue have led to the existence of different positions in the science of labour law regarding the terms of an employment contract. Scientists’ views on the essence of the content of an employment contract have been analysed.
 It has been proven that the terms of the employment contract should be considered the terms that are drawn up by its parties. Traditionally, such conditions in labor law are divided into mandatory and additional. The terms of the employment contract are recognized as mandatory, without which the content of the employment contract or contract cannot be considered concluded. Those without which the conclusion of an employment contract or contract is possible are considered additional.
 Mandatory and additional terms of the contract have been defined. Mandatory terms of the contract are: place of work; labor function; the moment of the start of the work and the duration of the contract; rights and duties; terms and amount of remuneration; financial support of the employee; labor organization; responsibilities of the parties; terms of termination of the contract. Additional terms of the contract are: term and conditions of the trial; non-disclosure of commercial secrets and other legally protected information; frequency and duration of professional training, retraining and advanced training of the employee; improvement of working conditions, industrial life and recreation; medical and sanatorium provision; social and household benefits and social and cultural services. There is a well-founded need to supplement the Code of Labor Laws of Ukraine with Article 21-2 “Content of the employment contract and contract”, in which mandatory and additional conditions of the employment contract and contract shall be established.

Regulatory Analysis Digital Markets Act (Dma) European Union In Business Competition

this research aims to analyze the concept of the Business Competition Digital Markets Act (DMA) European Union and analyse the regulation affecting Digital Markets Act (DMA) EU to the digital market. The science of law will have authority and strength if it is integral in ontological, epistemological, and axiological aspects. Normative legal research has the characteristics of library research. The results of this study showThe combination of these three factors to win the competition to win the hearts of consumers can be obtained through innovation, application of the right technology, and managerial ability to direct company resources in winning the competition. In response, the European Commission recently published a proposal for a Digital Markets Act to complement existing competition policy tools through mandatory from before for platforms. Both consumers and companies should benefit from digital markets. However, it may backfire if there are no clear boundaries to follow.

Place of forgery of documents in the system of encroachments on document circulation under the criminal law of Ukraine

The dynamism of criminal legislation, the inconsistency of its provisions with each other and with the provisions of regulatory legislation, present the science of criminal law with the task of systematizing relevant material, classifying normative provisions on the basis of objective criteria, finding gaps and excesses in legal regulation, collisions and unjustified competition, and developing proposals for improvement of the state of legal protection of a certain object against criminal and illegal encroachments. At the same time, it should also be borne in mind that document circulation as an object of criminal law protection has not found its separate reflection in the system of the Special Part of the Criminal Code of Ukraine and is protected by the norms on criminal offenses that encroach on completely different generic objects. This makes it difficult to have a systematic idea of the place of criminal offenses related to forgery of documents in this system. The science of criminal law has in its arsenal deep and thorough studies of both the system of encroachments on the document circulation itself and certain problems of the criminal law regulation of certain types of document forgery. At the same time, the development of social relations, the appearance of specific types of documents, the introduction of changes and additions to the Criminal Code of Ukraine, does not allow to conclude that the problem of determining the place of forgery of documents in the system of encroachments on document circulation under the Criminal Code of Ukraine is finally resolved. The article puts forward and substantiates a hypothesis regarding the system of types of encroachments on the document circulation and determining, on the basis of objective criteria, the place in it of a group of criminal offenses related to forgery of documents. Forgery of documents is a set of criminal offenses aimed at the appearance in objective reality of a false document. In this way, it differs from the illegal handling of real or forged documents, which also interferes with the circulation of documents.

О будущем права собственности

History shows that the concept of the right to ownership has proved to be more volatile than the concept of obligation. Dreams of a “final theory” of the right to ownership are not yet destined to come true — a change in ideas about this right is happening now, just before our eyes. The task of the science of private law in these conditions is not to turn a blind eye to the changes that are taking place, as being not in accordance with the prevailing doctrine, but, on the contrary, to notice these changes and begin to actively study them.

On the Scope of the Concept of "Relationships to Provide Environmental Safety"

The article discusses the problem of determining the scope of the concept of "relationships to provide environmental safety" and the effectiveness of the legal regulation of this group of environmental relations. Based on the analysis of strategic planning documents and regulatory legal acts (both current and invalid), the state of legal regulation of the considered group of social relations is determined, and problematic aspects of the effectiveness of the regulation of this sphere of relations are identified. In order to establish the causes of the current situation, the paper examines the doctrinal approaches that have developed in the science of environmental law to determine the place of relations to ensure environmental safety in the subject of environmental law. The study of the stated problem is carried out from the standpoint of a broad approach to the subject of environmental law, which includes three groups of relations: relations for environmental protection, relations for nature management, relations for proeiding environmental safety. When deciding on the scope of relations to provide environmental safety, the authors reveal the link of these relations with the prevention and minimization of environmental risks. The paper notes that this feature makes it possible to distinguish between relations on providing environmental safety from relations on environmental protection and nature management. Exploring the current legislation, the authors come to the conclusion that there are shortcomings in the regulations that impede effective legal influence on the social relations in question, and suggest ways to eliminate these shortcomings. In addition, the article notes that a serious obstacle to the formation of effective regulatory requirements in this case is the insufficient theoretical (scientific) development of issues of providing environmental safety, as well as the absence of a special regulatory legal act that defines the basis for regulating the relations in question.

Legal grounds for justification of the legal status of the convicted as bearers of constitutional rights and freedoms

The article analyzes the legal grounds for substantiating the legal status of convicts as holders of constitutional rights and freedoms, as well as the need for a comprehensive analysis of this issue from the point of view of the science of constitutional law of Ukraine. After all, such an approach acts as an important and necessary doctrinal basis for comprehensive improvement of penitentiary legislation and the practice of its implementation. However, on the basis of the analysis of the achievements of modern legal doctrine, the fact is stated that such studies are clearly lacking. Instead, the main attention is paid to the study of the rights and freedoms of persons serving a sentence within the framework of other legal sciences. The thesis is proved that a look at the mentioned problem from the point of view of the science of constitutional law of Ukraine will allow to reveal those fundamental and most important aspects that cannot objectively be revealed within the scope of the study of other legal sciences. So, in particular, it will make it possible to look at the existing rights, freedoms and duties of convicts critically and from the perspective of high constitutional standards in this area, as well as to form a scientific basis for the fundamental reform of the legal status of convicts and the internal organizational mechanisms for ensuring it. On the basis of the analysis of the constitutional text, a conclusion is made about the substantial attention of the constitution maker to the legal position of convicts in Ukraine. Such an approach gives this status not only stability and certainty in today's conditions, but also a clear direction for the future. In this regard, it is noted that the formation of the constitutional-legal status of convicts is carried out not only thanks to the specific constitutional norms concerning these issues, but also thanks to the legal properties of the Constitution of Ukraine as a normative-legal act and the nature of the punishment, based on the appointment of which a person acquires the status of a convicted person. Taking into account the above, a general conclusion is made that today there is every reason to talk about the constitutional and legal status of convicts in Ukraine, which is due to the fact that such persons are full bearers of constitutional rights and freedoms. In this regard, it is relevant to look at the mentioned problem from the point of view of the science of constitutional law of Ukraine.

Interpretation Methods of the Constitution in German Constitutionalism (Distinct Aspects)

At this stage of development, it is vital for the science of Georgian constitutional law to actively conduct comparative-legal studies in order to perceive better both their own (constitutional) identity and the experience of other legal cultures and the prospects of integrating their best practices into the national legal system.
 The article analyzes the key issues for the theory of constitutional law (distinct spectrum), in the context of interpretation methods of the constitution seeing the example of the German constitutionalist discourse, which in turn, is essential considering the science of European constitutional law, on the subject of perceiving and determining the worth schemes of basic human rights and, in general, understanding the essence of constitutionalism.

MECHANISM FOR THE REALIZATION OF BASIC CULTURAL RIGHTS

Cultural rights occupy an important position in the system of fundamental human and civil rights and freedoms. The relevance of the presented article is due to the need to increase attention to the issues of cultural development of the state as a whole, cultural rights and freedoms of the individual, in particular, on the part of both the public and the relevant state structures. The culture of any nation is distinguished by its specifics, by certain features in form and content. The problem of theoretical understanding of cultural rights becomes the subject of research in the science of constitutional law, theory and history of the state and law. All the necessary conditions for the exercise of cultural rights should be created in our state and society, including through the improvement of legislative regulation of relations in culture and related spheres. The category of "mechanism for ensuring human rights" does not yet have an unambiguous interpretation. In the article, the analyzed category is considered from various positions, and the mechanism is distinguished as a set of certain elements of legal regulation, law-making, the formation of lawful behavior, the realization of citizens' rights and freedoms, ensuring human rights, protecting fundamental human and civil rights, ensuring rehabilitation. It should be noted that a large number of international acts, both universal and regional, are in force at the international level. Unfortunately, an independent Declaration of Cultural Rights has not yet been adopted. The authors propose the approval of such a document, which would be of enormous importance for the harmonization of legal regulation of relations in the field of culture, in particular the cultural rights of the individual, increasing the prestige of the spiritual and cultural component.

Genesis of the Principle of Transparency in the Activities of Administrative Courts

The topicality is determined by the current state of development of the principles of transparency and openness of the activity of administrative courts, the existence of a basis for the development of a single category of transparency, which covers both concepts, as well as the connections between them. The purpose of the article is to provide a description of the development of transparency as a concept of the science of administrative law, to determine its features in the field of activity of administrative courts, and to define, on this basis, a scientific approach to further research on the issue of transparency in this area. Achieving this goal became possible through the use of a complex of methods of both general scientific and specifically legal nature. At the same time, the requirements of scientific objectivity are taken into account. Thus, the application of the formal-dogmatic method made it possible to clarify the content of the applied concepts and categories. With the application of the system method, the administration of the work of administrative courts as a system is presented. This made it possible to examine the elements of this system and the connections between them as a basis for further research into the issue of transparency in the activity of administrative courts. The application of the formal-logical method made it possible to carry out a comparative analysis of the fundamental categories of the study. The vectors of the actual development of scientific opinion regarding related concepts, as well as the concept of transparency - regarding the activities of prosecutor's offices and executive authorities, are analyzed. On this basis, the thesis about the gradual convergence of the concepts of transparency in the activities of the executive authorities and prosecutor's offices, the increase in the amount of common features in these concepts is substantiated. It is substantiated that the transparency of the judiciary's activity is considered, mainly, in the context of overcoming the closure of the judiciary as a Soviet legacy, while due attention is not paid to the actual specifics of the judiciary's activity. Based on the results of the research, conclusions were formulated regarding the specificity of transparency in the field of judicial power, and the vectors of further research into this issue and the factors of further development of transparency regarding the activity of administrative courts were determined.

The Evolution of the Institution of Error in the Criminal Law of Russia

Relevance. An analysis of the legal literature shows that when defining an error in criminal law, lawyers use different conceptual categories, which confuses the understanding and qualification of a legal or factual error. In this connection, the article considers the genesis of the institution of error in the criminal law of Russia, in particular, the classical approach to understanding, defining and systematizing errors, fixing the position that the only basis for criminal liability is the commission of an act that contains signs of all elements of a crime. In the article, the problem of an error in the current criminal law of the Russian Federation is revealed from the standpoint of the need to establish the internal attitude of the subject both to actions (inaction) and to the consequences in real life, to each legally significant objective sign of a particular act.The purpose of the study is to analyze the improvement of the institution of error in the criminal law of the Russian Federation.Objectives: to analyze the special historical and modern literature on the genesis of errors in domestic criminal law and, based on the current law, the achievements of the domestic science of criminal law, to summarize the experience of defining and logic-linguistic concepts of criminal law error.Methodology. The research was based on the application of philosophical methods for studying the categories that make up the concept of a criminal law error, as well as on general scientific methods: system-structural, analysis and synthesis; specific legal, comparative legal analysis of documents, content analysis of texts, etc.The results of the study are distinguished by the theoretical and applied orientation of the genesis of the institution of error in domestic criminal law and the identification of the most complete characteristics of the concept of criminal law error. Conclusion. Based on the results of the study, it is stated that the modern understanding of the institution of error takes into account historical approaches to the considered phenomenon in Russian criminal law, is based on them and corresponds to the criminal policy of the Russian Federation.

Aspek Pidana dalam Undang-undang Jaminan Fidusia Menurut Hukum Pidana Islam (Analisis Putusan No. 509/Pid.Sus/2021/ PN.Jmb)

Islam as a religion that leads to salvation has discussed muamalah issues which are expected to be a guide for mankind. Consumer financing in installments with fiduciary agreements is currently the people's favorite. However, it causes many problems, namely criminal threats in the event of misappropriation of collateral. This study will explain the views of Islamic criminal law regarding fiduciary engagement in consumer financing and the legal sanctions regarding misappropriation of collateral in the context of Decision No. 509/Pid.Sus/2021/PN.Jmb. This type of study is normative legal research with a conceptual approach. Sources of data used were obtained from scientific journals, laws and regulations, fatwas of scholars, and books. The results of this study indicate that in this decision, the defendant was guilty of diverting fiduciary collateral items without the approval of the financing institution as the recipient of the guarantee and was sentenced to 1 year in prison and a fine of 50 million IDR and collateral items were handed over to the financing institution for execution. The analysis of Islamic criminal law in this case is that the defendant's actions are convincingly included in the “ghulul,” namely the crime act of diverting objects under his control even though the rights of other people are involved and are threatened with “ta’zir.”

Family Values in Russian Law and the Problem of Orphanhood: Past, Present and Future

Relevance. The concept of state family policy, approved by the Government of the Russian Federation until 2025, is aimed at preserving and maintaining traditional family values, respect and full support for family, childhood, motherhood and fatherhood. At the same time, the problem of orphanhood in our country, including social, is not resolved, which actualizes the conduct of scientific research and scientific discussions in this area.The purpose of the article is to form a scientific approach to the definition of family values in Russian law through the problem of orphanhood.Objectives: to trace the history of the formation of family values, to determine the main traditional family values, to form the concept of traditional family values and the forms of their legal regulationMethodology. The methodology of the research is based on the achievements of the general history and theory of law, private law and public law science, with the help of which the available theoretical and empirical data on traditional family values were systematized and an appropriate concept was built.Results. In the course of the study, the concept of family values in Russian law was formed and effective legal mechanisms aimed at consolidating traditional family values in Russian law were proposedConclusion. Family values in Russian law are undergoing transformation due to various factors, therefore, it is necessary to determine the main traditional values of the Russian family, introduce effective legal mechanisms that allow preserving traditional family values and, accordingly, the prestige of forming and creating a family. The definition, implementation and promotion of these values will be an effective method of combating orphanhood in Russia.

Combating Legalization (Laundering) of Illegal Proceeds in the PRC: Criminal and Legal Aspect

The relevance of the study is due to the theoretical and real complexity of the actions that make up the "legalization (laundering) of proceeds from crime." Globalization, informatization and internationalization of public relations implies the need to go beyond interdisciplinary and domestic research on the topic of criminal law counteraction to the legalization of proceeds from crime.The purpose of the study is to identify areas for improving the provisions of domestic criminal law science, criminology and law enforcement in the field of combating money laundering based on studying the similar experience of a neighboring state - China.Objectives: to identify legal sources of criminal law counteraction to money laundering in the PRC; establish the content of the signs of the considered corpus delicti; compare the data obtained with domestic legislative and doctrinal sources; propose measures to improve the theory and practice of combating money laundering in Russia.Methodology. Dialectical, structural-functional, comparative-legal methods of scientific knowledge, methods of analysis, synthesis, induction and deduction.Results. The article reflects the results of a comparative analysis of article 191 of the PRC Criminal Code, carried out according to two criteria - a comparison of amendments to the PRC Criminal Code, a comparison of criminal law approaches to combating money laundering developed in Russia and China. The conclusion is made about an evolutionary approach to improving the mechanisms for regulating money laundering in China.Conclusions. The results obtained may be of applied importance for domestic criminal and criminological science and law enforcement practice.