PUBLIC LAW (STATE LAW) SCIENCES
Economic instability is a period when financial risks objectively increase, and the need for the well-coordinated functioning of the protective mechanisms for the rights of consumers of financial services becomes especially relevant. The strategy of state policy in the field of consumer protection for the period up to 2030, approved by the Government of the Russian Federation, is aimed at developing these mechanisms. consumer rights. At the same time, the existing legal regulation of mediation processes does not allow to effectively realize the full potential of mediation as a mechanism for resolving disputes in the Russian Federation. Thus, there is a need for its scientific study, especially in the light of current trends in the functioning of national financial institutions.
The purpose of the study is to identify the problematic aspects of regulating mediation legal relations, as well as formulating proposals for improving the organizational and legal foundations of mediation as a promising innovative mechanism for protecting the rights of consumers of financial services.
The main research methods that made it possible to characterize the features of the legal regulation of mediation as an alternative to the judicial and administrative method of protecting the rights of consumers of financial services, as well as to formulate proposals for improving the legal regulation of mediation procedures in general, and mediation with the participation of consumers of financial services in particular, were general scientific methods. knowledge (analysis and synthesis, generalization and analogy), the philosophical method of dialectical knowledge, special methods of technical-legal and comparative legal analysis.
As a result of the study, the need to improve the legal regulation of mediation in general, including mediation in disputes on the protection of the rights of consumers of financial services, is substantiated, for which it is proposed: 1) to establish a mandatory system of self-regulatory organizations (SROs) to unite mediators as subjects of professional activity. The Ministry of Justice of the Russian Federation shall entrust the maintenance of the register and control over the activities of SROs of mediators; 2) to provide in the procedural codes a rule on the mandatory informational conversation of the parties to the conflict with the mediator on the categories of disputes for which the current legislation establishes the use of a mandatory pre-trial claim procedure; 3) supplement the regulations of the executive authorities with sections on mediation; 4) develop and approve a unified training program for mediators, taking into account professional standards and federal state educational standards; 5) provide for the obligation of the Bank of Russia to post lists of mediators on its website; 6) establish the responsibility of financial organizations for violating the principle of voluntary mediation and imposing “pocket mediators” on consumers of financial services. Along with this, the generalization of the positive experience of its application in various categories of disputes, in the form of a Code of Best Practice, will contribute to an increase in the demand for mediation.
The aim of the work is to analyze the problems of administrative and legal regulation of the activities of medical clusters in the Russian Federation.
Based on the goal, the objectives of the study include an analysis of the problems associated with determining the administrative and legal status of medical clusters.
The importance of discussing the issue of medical clusters is due to the fact that health protection legislation in relation to medical organizations located in an international medical cluster is applied taking into account the specifics of special legislation on international medical clusters.
The fundamental conclusion of the article is that medical clusters of various types are in the field of not quite the same type of public law regulation, which is caused by the diversity of approaches to understanding and typology of medical clusters. Accordingly, the task is to uniformly define the concept, features and structure of all medical clusters in the Russian Federation in order to develop specific approaches to the public law regulation of their activities, seeing the goal of high-quality, breakthrough development in the field of medical activity.
The administrative-procedural legal personality of foreign organizations is the most important legal category that determines the ability of an organization to have, acquire, exercise and perform administrative-procedural rights and obligations, that is, to be a subject of administrative-procedural legal relations.
The amendments made to the Constitution of the Russian Federation in 2020, as well as foreign policy factors (2020–2023) have left an imprint on the legal personality of foreign organizations in the Russian Federation.
This problem determines the relevance of studying the administrative-procedural legal personality of foreign organizations. The purpose of this study is to determine the administrative and procedural legal personality of foreign organizations within the framework of the administrative process as a whole, including the problems of limiting the procedural rights of foreign organizations enjoyed by legislators and law enforcement officers in the Russian Federation.
In connection with this goal, the following tasks should be noted: the study of regulatory and law enforcement practice affecting the issues of administrative and procedural legal personality of foreign organizations; identification of ways and means by which the legislator and the law enforcement officer have the opportunity to limit the administrative and procedural legal personality of foreign organizations.
The conclusion of this study is that the state as a whole equates the administrative and procedural legal personality of foreign and Russian organizations. There were no facts of restriction of the administrative-procedural legal personality of foreign organizations, in accordance with the procedure provided for by the Code of Administrative Procedure of the Russian Federation, at the time of this study. However, the legislator and law enforcement officer use other, indirect ways of restriction, for example, recognition of a foreign organization as terrorist or carrying out extremist activities.
The article raises the question of the criteria for distinguishing the payer's subjective right to tax optimization and the abuse of such a right. The lack of clarity and legal certainty in this matter leads to a violation of the fiscal interests of the state, as a result of which budgets incur financial losses, or the legitimate rights of taxpayers are violated. An attempt to resolve this problem within the framework of judicial law–making, of course, brought a positive result, however, as practice has shown, this was not enough. The purpose of the article is to define the boundaries between the concepts of "the payer's right to tax optimization" and "abuse of tax law" with the justification of fixing these provisions in the Tax Code of the Russian Federation. Special attention is paid to the reasons that contribute to increasing the possibilities of the payer to abuse his tax right to optimization.
As a result of the study, it is noted that the payer's right to tax optimization should be understood as a reduction in the amount of tax liabilities through lawful actions of a person, including the use of the rights granted by law related to exemption from taxes, fees (mandatory payments), their reduction or reimbursement. And the abuse of tax law is a form of the taxpayer's realization of his subjective tax right when it contradicts its true purpose, formally established in the law, is harmful and entails unjustified economic advantages over others.
Conclusion. The exercise of the right to tax optimization is always the lawful behavior of the payer. The main limits beyond which the payer's right to optimize taxation passes into its abuse are harmfulness and obtaining tax advantages over other payers. Harmfulness is not illegal or unlawful behavior of a person but indicates that he uses his right to tax optimization in order to achieve another result that was not originally provided by the legislator when establishing the meaning and content of this right. Therefore, abuse of tax law does not entail any legal liability for the payer, since he does not violate the norms of tax legislation and does not go beyond the limits specified by law, beyond which a tax offense already begins (a criminal offense under Articles 198, 199 of the Criminal Code of the Russian Federation). The consequences in this situation consist only in the rightful actions of the ruling entity (court or tax authority).
PRIVATE LAW (CIVIL LAW) SCIENCES
The purpose of this article is to develop recommendations for improving the legal regulation of the lease of land plots from the composition of agricultural land in the Russian Federation. To achieve this goal, it seems necessary as tasks to identify the problems of legal regulation of land lease relations in the Russian Federation, to conduct a comparative analysis of Russian and foreign legislation governing the lease of land plots, including from the composition of agricultural land, to identify shortcomings and positive experience in this area legal regulation in the Russian Federation and foreign states.
The purpose and objectives of the work determined the methodology of this study, which is based on a number of methods, in particular: comparative legal, concrete statistical, formal logical, dialectical method of cognition of social phenomena and processes.
As a result of the study, the author formulated a number of conclusions, as well as some recommendations regarding the improvement of Russian legislation in this area. In particular, both Russian and foreign legislation establishes the obligations of tenants for the protection of agricultural land, the rational use of land. But in the EU member states, in our opinion, the state plays a more active role in regulating land relations, providing for fairly strict requirements for the lease of land plots from agricultural land: the tenant must have an agricultural education, experience in agriculture, live in these areas, to have the necessary financial resources for agricultural production. The measures of economic incentives for farmers-efficient land users, enshrined in foreign legislation, also mean a lot. It is proposed to introduce a number of changes into Russian legislation, taking into account foreign experience in regulating land lease relations, which will contribute to the effective use and protection of agricultural land leased.
The aim of the work is to highlight the issue of the correlation between the application of civil procedural rules and the norms of the Code of Administrative Procedure of the Russian Federation when considering cases on the termination of the activities of religious organizations. It cannot be said that this is an absolutely new direction of research, but the practice of applying the norms under study makes it necessary to give them a proper theoretical and practical assessment. An attempt is made to highlight a more general problem of the relationship between civil and administrative processes using a particular example.
The objectives of the work include the illustration and analysis of theoretical, research, as well as the practice of applying procedural norms in connection with the decision on the termination of the activities of religious organizations.
Various grounds for terminating the activities of religious associations may have a different sectoral nature, however, legal proceedings in this category of cases are not differentiated between the norms of the Code of Civil Procedure of the Russian Federation and the Code of Administrative Offenses of the Russian Federation, as in cases with other non-profit organizations.
The thesis is proved that the division of procedural norms is secondary, derived from the grounds for the termination of the activities of religious organizations. At the same time, going to court in accordance with the Code of Civil Procedure of the Russian Federation is not a prerequisite for the liquidation of a religious organization, but may be the result of disagreements in the governing body of a religious organization.
The fundamental purpose of this study is to study and identify new types of anti-competitive actions on digital platforms, to identify an extremely new subject composition of economic entities of digital platforms.
In order to achieve this goal, it seems necessary to consider domestic and foreign legislation on the protection of competition, the provisions of the doctrine, to analyze judicial practice on the identification of anti-competitive actions on digital platforms in the Russian Federation and a number of foreign countries: Germany, China, Japan, to define the concept, the meaning of the subjects of the digital platform, the composition and types of their actions, methods the impact of the subjects of the digital platform on competition.
To solve the tasks set in the article, a number of research methods are used: logical (description, proof, classification), system-structural analysis, comparative, statistical, which helps to separate the necessary from the random and identify the regularity of processes, sociological method – based on the opinions and assessments of experts, formal-legal.
As a result of the study, it was revealed that in the Russian Federation, the legislation on the protection of competition in relation to digital activities began to move forward, which marked the adoption of the Fifth antimonopoly Package of the FAS of Russia. This regulatory act fixed the prohibition of the "network effect" of aggregators of digital platforms, the criterion of the dominant position of an economic entity in the digital space, as well as a new condition for the transaction of economic concentration.
Conclusion. These measures of the antimonopoly authority indicate the flexibility of the legislation of the Russian Federation for the long-established process of digitalization of competitive legal relations. Innovations make it possible to regulate the most complex sphere of relations – the digital market, which is marked by two-level competitive legal relations: the first level of relations that develops between economic entities, digital entities, the second - between the compositions of economic and digital entities. Significantly new types of anti-competitive actions allow participants of digital platforms to interfere with the laws of competition of the digital market.
Purpose: to trace the patterns of development of the institute of unjust enrichment from the point of view of the emerging judicial and arbitration practice and the influence of the principle of good faith on it.
Objectives: to determine the degree of development of the institution of unjust enrichment and a promising direction for the development of its norms; to see the problem of modern judicial practice in cases of unjust enrichment in connection with the application of the rules of limitation to it; highlight the essential idea that is the basis for the existence and application of the rules on unjust enrichment; give a scientific assessment of the works of domestic civil lawyers who are developing the problem of unjust enrichment; turning to foreign civil law science, to see the significance and role that it assigns to the moral foundations of the institute of unjust enrichment, to propose a civil law mechanism for protecting the victim in connection with the receipt of benefits by another person without reciprocal satisfaction, but in the presence of a formal legal basis.
Results: the concept of developing the norms of the institution of unjust enrichment and the practice of their judicial application from the standpoint of the principle of good faith was developed.
Conclusions: it is proved that the institution of unjust enrichment in civil law is one of the most complex, controversial and least developed in civil law theory; the analysis of judicial and arbitration practice showed that the courts are mainly focused on the formal legal application of the norms of the institute of unjust enrichment, and in some cases the court decisions themselves act as the basis for obtaining unjustified benefits by the defendant; it is shown that modern Russian civil law is not so active in developing the problem of the role of moral grounds in regulating relations arising from unjust enrichment; it is argued that the main idea of the institution of unjust enrichment is the idea of justice, which should be taken into account by both the legislator and the courts in law enforcement processes; taking into account the possibility of enrichment of the subjects of civil law relations in the presence of a formal legal basis, the author supports the idea of introducing an additional claim, which will be based on the protection of the moral principle of justice in property relations.
CRIMINAL LAW SCIENCES
In criminal proceedings, providing access to the materials of a criminal case allows you to obtain the information necessary for participants to build their procedural behavior. Access to information is clothed in a special procedural form, which has two main options: during pre-trial proceedings and after its completion. Familiarization with the materials of the criminal case at the end of the preliminary investigation is of the most significant importance. But it is this stage that raises the most questions in the science of criminal procedure, accompanied by the greatest problems and difficulties in law enforcement.
The most acute discussions are conducted around the timing of familiarization. The legislator did not limit the participants in the period of familiarization and only in cases of obvious delay, such a period can be set by the court at the request of the investigator.
The absence of a specific duration of the term, the presence of an evaluative concept of "obvious delay", the significance of the familiarization itself and its re-sults for the purpose of criminal proceedings required in-depth scientific research, the results of which differ significantly due to the variety of approaches used and the methods chosen.
The purpose of this study is proposals for determining the optimal duration of the procedural period for familiarization with the materials of a criminal case at the end of the preliminary investigation, obtained on the basis of an analysis of the prescriptions of the Code of Criminal Procedure of the Russian Federation and the practice of their application, using methods of mathematical legal linguistics.
Research objectives: theoretical analysis of the period of familiarization with the materials of the criminal case at the end of pre-trial proceedings; generalization of theoretical and practical problems in the field of determining the duration of the procedural term; hypothesizing the possibility of using methods of mathematical legal linguistics to solve the problem of determining the duration of the term; actual application of the method of legal experiment to calculate the duration of the familiarization period; evaluation of the results obtained mathematical results from the point of view of the appointment of criminal proceedings.
Research methods: dialectical, mathematical, linguistic, analytical, modeling, hypothetical.
Results: the result of the study was the author's development of determining the optimal duration of the period of familiarization with the materials of the criminal case at the end of the pre-trial proceedings.
Based on the analysis of modern approaches to solving the problem of resocialization, social adaptation, social rehabilitation of convicts, the article analyzes the current trends in probation in foreign countries. The significance of the system of normative legal regulation of the institution of probation in resolving issues of resocialization of convicts is stated. The author defines the essence of the basic categories within the framework of the issues under study with an emphasis on today's socio-legal and criminological assessments, such as the concept, principles, content, examines the subjects of probation, methods and forms of corrective intervention, as well as categories of people in need of support. A list of differentiating criteria is given – legal traditions, political regime, geographical, national, religious, psychological factors, political and legal culture of the population, which allow revealing the content and distinctive features of the phenomenon in question in countries belonging to different legal families. Based on the analysis of the essence of the institution of probation, the content of correctional interventions, a conclusion is made about the specific nature of the resocialization process, its duration, stages, sequence, continuity, dynamism, interconnectedness of the actions of subjects whose competence includes issues of guardianship and support of offenders. The author emphasizes the importance of variability, individuality of measures of a socio-economic, medical, educational, pedagogical, legal nature used in the re-socialization, social adaptation of the offender, while focusing on possible ways of providing services by the state to provide assistance aimed at restoring the personality and exercising control over his behaviour.
Based on the results of the research, identified in the course of the analysis of the side of the phenomenon under consideration, its most significant distinguishing features are formulated: regulation by the rules of law; independence of the institution for the national system of law; the composite nature of the legal institution of probation; a wide range of functions and forms of resocialization impact on the probation client; the nature of the provision of services (both on a reimbursable and non-reimbursable basis); a wide range of interested ministries and departments, the integrative nature of the participation of various institutions, the assistance of volunteers, the public; client-centric approach to each offender in order to achieve an individual result; effective distribution of efforts of subjects of law enforcement activities; saving material resources; the will and conscious desire of the probationer to lead a socially approved lifestyle; openness of the functioning of the probation institution with the support of civil society and civil initiative.
ISSN 2782-5841 (Online)