No 4 (2024)

The adoption of the Fundamentals of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values and the restoration of the title “Mother Heroine” in the Russian state award system testifies to the state’s concern about the problem of a strong and large family, makes us turn to the Soviet experience in solving the demographic problem that arose during the Great Patriotic war.

The purpose of the work is to assess the impact on society of legislative decisions taken to improve the demographic situation in the conditions of the Great Patriotic War. The objectives of the study are: to describe and characterize new legal measures in the field of demography, to establish the impact of legislative decisions on family values, to determine the prospects for using individual measures to improve the demographic situation in modern Russia.

The work uses historical-legal, formal-dogmatic, statistical and comparative research methods.

The measures taken aimed at stimulating the birth rate are analyzed: 1) material support for large families and single mothers; 2) the abolition of the right to claim for establishing paternity; 3) complicating the divorce procedure; 4) moral encouragement of motherhood. Statistical data on the cost of food are given, indicating that the material support of motherhood by the state (payment of benefits) could not have a significant positive impact on the birth rate.

The Soviet state resorted to stimulating demographic processes on the basis of existing ideas about the system of human needs, but the approach used turned out to be fraught with serious social problems. The change in public morality – the manifestation of tolerance towards men who are indifferent to the fate of their offspring, which led to the aggravation of the problem of fatherlessness – was a “side effect” of the radical novelization of family law and changes in the norms on the social security of citizens. In the Soviet and modern period, the need to recognize the merits of fathers with many children who conscientiously fulfill their maintenance and upbringing duties to their children remained out of sight of the legislator.

Such a category as “publicity” implies, first of all, the openness of a certain space of interaction between certain agents, and in this regard, the content of the concept of public policy is determined through free communication between its agents. In Part 3 of Article 132 of the Basic Law, the category “unified system of public power in the Russian Federation” is legally fixed. Public authorities and local self-government bodies are included in this system. At the same time, it is not always possible to orient oneself correctly in the field of the legal personality of the body. Executive authorities carry out two basic functions: an administrative function, within which the powers to execute laws and administrative and administrative powers (including discretionary) are exercised, and a governmental (political) function.

Analysis and synthesis, generalization, analogy and modeling. The methods allowed us to build a system of arguments, on the basis of which we came to scientifically sound conclusions and results.

The article reflects the legal personality and characteristic features of executive authorities. On the basis of legal personality, competence is formed, which represents a set of legally established ways of performing public functions and is an artificially constructed concept by scientists to characterize the subject of law, consisting of three structural elements: legal capacity, capability and delictability.

The development of digitalization spheres increases the value of such a resource as information. Legal regulation of aggregator sites, where information is collected and provided to a wide range of users with the ability to evaluate and rank marketable information (description of services / goods, establishment of rating indicators) is insufficient. The analysis of judicial practice and the identified problems of protection of honor, dignity and business reputation when referring to aggregators of market information require special attention in the issues of medical services.

The aim and objectives of the study are to analyze the possibilities of protection of honor, dignity and business reputation of professionals providing medical services when applying to aggregators of market information – specialized websites of service consumers.

Research methods: general scientific methods of cognition (comparison, description, analysis, synthesis, etc.), special-legal (legal-dogmatic, legal modeling). It should be emphasized that the process of digitalization has a significant impact on most spheres of life of society, in this regard, it was necessary to turn to communicative and anthropological approaches to analyze the impact of digital technologies on the process of development of communications in society.

As a result, the conclusions were made about the recognition of the complexity of legislation, which combines norms of public and private legal nature regulating the public relations under study, the need to improve the tools of interaction between subjects in the field of digital reality (owners, operators of sites-aggregators of conjectural information and consumers of services, professionals and organizations providing medical services), the introduction of changes in the norms of legislation in order to eliminate different interpretations and possible conflicts of law.

The article defines the main mechanisms for attracting persons who lead (managed) a legal entity to civil and public liability. The concepts of a person influencing the actions of a legal entity (Article 53.1 of the Civil Code of the Russian Federation), a person controlling the debtor (Article 61.10 of the Bankruptcy Law) and a civil defendant in criminal proceedings (Article 54 of the Code of Criminal Procedure of the Russian Federation) are revealed. Due to the variety of mechanisms established by the legislator for the restoration of creditors’ property rights, the article analyzes the advantages and disadvantages of each separately.

Using examples from judicial practice, the author proves that there is no dispositivity in choosing the method of replenishing the bankruptcy estate at will, and the opinion that the difference in methods is insignificant, that it is not the rule of law that you refer to that is important, but the fact of restoration of rights after harm by the debtor is incorrect. The author makes an assertion that the choice of the appropriate method is justified by the individuality of the dispute, the conditions of treatment, the person applying and the result desired by creditors, depending on the chosen method of protecting creditors’ rights. The legislator distinguishes between ways to protect the rights of creditors, where each case has its own goals, objectives and results.

The paper raises the question of finding criteria for the correct and most profitable tool for restoring creditors’ property rights in a bankruptcy case, taking into account procedural and legal features.

The article is aimed at developing the theory and judicial practice in bankruptcy cases and ensuring the stability of the already formed practice, maintaining a balance of interests, as well as resolving conflicts.

The article discusses the issues of bringing to subsidiary liability provided for in clause 3.1 Article 3 of the Federal Law “On Limited Liability Companies”, designed from the end of 2018 to provide additional guarantees for the protection of the rights and legitimate interests of creditors in the event of exclusion of the company from the unified state register of legal entities as an inactive legal entity on the basis of an administrative act of the registering authority, bypassing liquidation procedures, in accordance with Article 21.1 of the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs”.

In the work, the authors made an attempt to determine the nature and place of this responsibility in the civil law system, as well as to offer recommendations for unifying the practice of its application.

As a result of a comparative legal analysis, the authors of the work came to the conclusion that subsidiary liability is a measure of civil liability for a tort, and the norm enshrined in clause 3.1 Article 3 of the Federal Law “On Limited Liability Companies” is an exception to the general rule on the termination of an obligation by liquidation of a legal entity (Article 419 of the Civil Code of the Russian Federation). Due to the similarity of this liability with subsidiary liability in case of insolvency (bankruptcy), the authors propose to apply by analogy the provisions of the provisions of Chapter III.2 of the Federal Law “On Insolvency (Bankruptcy)” and the clarifications of the Supreme Court of the Russian Federation, enshrined in the Resolution of the Plenum of December 21, 2017 No. 53 “On some issues related to holding persons controlling the debtor liable in bankruptcy”.

The article is devoted to the implementation of the rights of citizens in criminal cases of private prosecution at the stage of initiation of a criminal case. Based on the analysis of the norms of Arti- cles 318, 319 of the Criminal Procedure Code of the Russian Federation, the legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, attention is drawn to the problems that arise when initiating criminal cases of private prosecution. It is noted that the procedure for initiating a criminal case of private prosecution has been generally developed, but at the same time needs further improvement. The content of the application for the initiation of a criminal case, the procedure for filing it and determining jurisdiction are sufficiently regulated by the criminal procedure law of the Russian Federation, which refers to guarantees of personal rights both in relation to the victim (private prosecutor) and the person accused of committing a crime in a private prosecution case. The article contains an analysis of the procedural procedure for initiating a criminal case by the body of inquiry and the justice of the peace and the conclusion that the justice of the peace (judge of the district (city) court) is in any case obliged to accept the statement of the victim (private prosecutor) in the case of a private prosecution and verify it only in the form of a statement. It is from the moment when the judge makes a decision to accept the application for production that the criminal case of a private prosecution should be considered initiated, while the body of inquiry has the right to make a decision on the initiation of a criminal case, having assessed the sufficiency of the grounds. According to the author, all legal procedural mechanisms in cases of private prosecution have been created by the legislator and are currently being applied by magistrates (district (city) courts).

Due to the large number of disputes arising in connection with the application of legislation on taxes and fees, the purpose of this article is to identify the features and problems of modern taxation through a comprehensive analysis of decisions of the Supreme Court of the Russian Federation. To achieve the goal, the article analyzed court decisions taken on disputes arising from the use by taxpayers of tax benefits for various taxes, insurance premiums and within the framework of special tax regimes.

When using the comparative legal method, as well as methods of scientific analysis and synthesis, a conclusion is formulated about the need to exclude complex and “confusing” formulations in the texts of legislation on taxes and fees, which exclude the unambiguity of its interpretation, which negatively affects compliance with the principle of legality by subjects of tax legal relations.