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The Phenomen of Law and Legislation: Strategies and Methods of Cognition

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Vol 4, No 4 (2025)
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PRIVATE LAW PROBLEMS

13-23 8
Abstract

One of the strategic directions of the state policy of the Russian Federation is the sustainable development of the agro-industrial complex, including support for agricultural producers as key participants in agrarian transformations. However, the current legislation demonstrates inconsistency in approaches to determining the legal status of these entities: different normative acts provide different definitions used solely for the purposes of specific laws. This fragmentation creates legal uncertainty and makes it difficult to implement government support measures. The legal establishment of the category of agricultural producer directly affects the possibilities of receiving subsidies, participating in rehabilitation programs, applying special tax regimes, and participating in bankruptcy proceedings. At the same time, certain forms of agricultural activity, such as family farms and small business entities, despite their economic importance, often find themselves outside the legal field or receive the status of “support entities” without a clear legal identification. This necessitates a systematic understanding of the legal content and boundaries of the agricultural producer category, the identification of legal gaps and the formation of proposals for the unification of terminology in agricultural legislation.

Purpose: to analyze the existing legal regulation of the legal status of agricultural producers, identify discrepancies in terminology used in agricultural, tax, bankruptcy and cooperative legislation, and substantiate the need to unify approaches to defining this key subject of agricultural policy in the Russian Federation.

Materials and methods: dialectical and systematic methods, method of comparative analysis, method of normative and legal analysis, logical method.

The results of the study. As a result of the analysis, it was found that there is no uniform approach to the definition of an agricultural producer in Russian legislation. Federal laws regulating various spheres of agrarian legal relations, such as the law on agricultural Development, the law on agricultural cooperation, the law on insolvency (bankruptcy), the law on financial rehabilitation of agricultural producers, as well as the provisions of the Tax Code, contain definitions of varying scope and criteria, applicable within the scope of the relevant legislation.relevant regulations. It is also established that certain groups of subjects of agrarian relations – in particular, family farms, personal subsidiary farms of citizens and small forms of management – are either directly excluded from the number of agricultural producers within the framework of individual laws, or are included in the circle of recipients of support measures without their preliminary legalization as subjects of civil or agrarian legal relations.

Discussion and conclusion. The revealed terminological disunity in the regulation of the legal status of agricultural producers indicates the need to form a unified approach to the concept and criteria for attribution to this category. The unification of the conceptual framework is particularly important in the context of the implementation of strategic goals of the state agrarian policy, including food security, sustainable rural development and support for family entrepreneurship. In conditions where differences in definitions are not only formal, but also substantive, law enforcement agencies, government authorities and commodity producers themselves are forced to act in conditions of uncertainty. This may lead to a refusal to receive subsidies, the inability to apply special tax regimes or participate in financial recovery programs, despite the actual conduct of agricultural activities.

24-29 11
Abstract

This article provides a comprehensive analysis of the concept of legal entity liability in the Russian legal system. It examines the types of legal liability applicable to organizations: civil, administrative, criminal (in the context of Article 173.2 of the Criminal Code of the Russian Federation), and tax. Particular attention is paid to issues of law enforcement practice, including criteria for assigning guilt and delineating the liability of a legal entity and its director. It concludes that the complex and evolving nature of this concept requires further theoretical elaboration.

30-40 11
Abstract

The article examines the dynamics of the interaction of the principle of the inadmissibility of arbitrary interference in private affairs with the norms of natural resource law. It is proved that historically natural resource law has developed as a branch of public law focused on the protection of public interests, but in recent decades it has clearly manifested private law principles. In order to effectively involve natural resources in economic turnover and attract investments, it is necessary to guarantee individuals a certain degree of autonomy and protection of their rights. Therefore, there is a common feature in all sub-sectors of natural resource law – arbitrary interference in private affairs is considered illegal and unacceptable, which means that the principle of the inadmissibility of arbitrary interference in private affairs, as well as all other principles of civil law, apply in all sectors affecting property rights, if this does not contradict their specifics. This follows from the constitutional principles of property rights and freedom of economic activity. In natural resource law, economic activity in the use of natural resources is regulated by the norms of both public and private law: citizens and legal entities can freely act within the limits established by law and contract, and government authorities have the right to interfere in their activities in cases directly provided for by federal laws.

ПУБЛИЧНО-ПРАВОВЫЕ НАУКИ

42-50 9
Abstract

The principle of the ecosystem approach is today one of the fundamental principles of international environmental law. It is enshrined in a number of international conventions, treaties, declarations and resolutions, as well as integrated into the practice of international arbitration. The application of an eco-system approach is aimed at comprehensive nature protection with the establishment of a balance of human and nature interests. The introduction of an ecosystem approach into Russian legislation will improve the effectiveness of environmental protection, ensure ecosystem sustainability, and promote environmental safety. Such measures will allow Russia to align its national policy with international standards and face future environmental challenges, including climate change. The normative content of this principle is that the State, when making decisions on the management of natural resources (for example, fishing), should be guided by requirements based on the prevention and prevention of harm to other living resources and the depletion of the environment. The inclusion of this principle in environmental legislation requires additional discussion on which government agency should implement this approach, how it should be formulated and in which legislative acts. In addition, it is necessary to identify common approaches and methods for collecting and recording indicators of ecosystem services.

51-56 9
Abstract

The objective of this study is to conduct a comprehensive theoretical-legal review of the evolution of the legal status and functional areas of activity of the Prosecutor’s Office of the Russian Federation within the context of modern digital transformation and geopolitical instability. The article aims to systematize scholarly perspectives regarding the place of the Prosecutor’s Office in the separation of powers, as well as to analyze the effectiveness of new supervisory methods introduced in response to modern challenges. The research reveals that in contemporary legal doctrine, the Prosecutor’s Office is viewed as an independent institution within the system of checks and balances; it does not belong exclusively to any single branch of government, yet it ensures the uniformity of the rule of law. The analysis demonstrates that a key vector of development is the digital transformation of the agency: from the implementation of the State Automated System of Legal Statistics (GAS PS) to the prospective use of Artificial Intelligence (AI) and Virtual Reality (VR) technologies to optimize supervisory activities. Particular attention is paid to the transformation of supervisory functions under conditions of geopolitical pressure. It is established that «supervisory support» for National Projects and the protection of the social rights of vulnerable groups (minors, families of mobilized personnel, and refugees) have become priority areas. The study also identifies the need to improve legislation regarding counter-extremism in cyberspace and to revise international cooperation mechanisms amidst the crisis facing extradition institutions.

57-64 9
Abstract

The article analyzes the trends and prospects of the development of the processes of harmonization and unification of international law in the context of modern geopolitical and technological realities. The authors examine the impact of global challenges, from geopolitical conflicts and sanctions regimes to digitalization, artificial intelligence, and biotechnology, on the evolution of legal norms. Special attention is paid to the barriers to unification (state sovereignty, cultural differences) and the tools for harmonization (model laws, conventions, and regional integration associations). Based on a comparative legal analysis, the following predictions are made: the strengthening of hybrid approaches (combining strict unification with soft law), the role of transnational corporations and platform technologies in shaping global standards.

65-72 5
Abstract

he current stage of development of the Russian state and social structure is taking place in a context of reforms that have affected the most important spheres of life in Russia. Significant changes have occurred and are occurring in the domestic economy and politics, culture and the social sphere, state power and administration. These processes are objectively aimed at strengthening the fundamental foundations of the Russian state and the implementation of the most important constitutional principles. This article reveals the legal foundations of the system and structure of executive bodies of the Republic of Kalmykia. General scientific and specialized legal research methods are used as research methods. Current legislation served as the material. At the present stage, it is extremely difficult to define the strict framework of a perfect system of regional executive power. This is hampered by the constant changes in the economic and social policy situation. The relevance of the study is further enhanced by the fact that the frequently changing structure of executive bodies and the redistribution of powers leads to them performing uncharacteristic and unusual functions. In this regard, in the future, it is possible to study the issue of legal regulation of the status of individual executive bodies by developing an appropriate regulatory framework for the region.

73-80 8
Abstract

The article examines the phenomenon of terrorism as a multifaceted sociopolitical phenomenon, analyzes its essence, significance and evolution of terrorist practices in Russia. The main stages considered in the work are: the period of revolutionary terror of the 19th – early 20th century – the activities of radical organizations aimed at overthrowing the autocracy and the modern stage from 1991 to the present – the transformation of terrorism in post-Soviet Russia: religiously motivated attacks, international and transnational terrorism.

81-91 8
Abstract

A feature of Russian civil society is the process of involving its institutions in the sphere of activity traditional for public authorities. Among them, non-commercial organizations hold a special place. NCOs react most quickly to human needs, and the problems they raise become part of state and municipal policy. A legal paradox has also arisen, related to the fact that NCOs can legally engage in entrepreneurial activity. The article analyzes the provisions that “entrepreneurial activity” and “income-generating activity” of NCOs are independent legal categories. An attempt is made to find distinguishing criteria between these concepts using examples from the practice of prosecutorial supervision.

УГОЛОВНО-ПРАВОВЫЕ НАУКИ

93-105 10
Abstract

The article presents an analysis of the crime detection rate at transport infrastructure facilities in the Russian Federation, and examines the key factors influencing the high crime detection rate in the field of combating crime in the transport sector. The results obtained can serve as a basis for further improvement of law enforcement agencies and the development of new measures to ensure security at transport infrastructure facilities.

106-114 10
Abstract

The article examines the structure of economic and corruption crimes as one of the key indicators of threats to the economic security of the Republic of Kalmykia. The study is based on the analysis of official statistics from law enforcement agencies for 2020-2024, as well as publications by the Prosecutor’s Office and the Ministry of Internal Affairs in the media and social networks. Given the limited access to detailed official statistics on crime categories, a qualitative-quantitative approach was used to identify the priority areas of criminalization of economic relations. It has been established that the highest concentration of economic and corruption-related crimes is observed in the areas of budget allocation, implementation of national projects, housing and communal services, and the agro-industrial complex. It is concluded that the identified structure of crime reflects the stable mechanisms of the shadow economy.

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ISSN 2949-1193 (Online)