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

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Vol 2, No 2 (2023)
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ЧАСТНО-ПРАВОВЫЕ (ЦИВИЛИСТИЧЕСКИЕ) НАУКИ

13-18 191
Abstract

In the article the author examines the legal nature of subsidiary liability of persons controlling the debtor for the obligations of a legal entity and the directions of development of judicial practice of its application in resolving bankruptcy cases, including outside the framework of bankruptcy proceedings

19-27 137
Abstract

The article analyzes the main features and elements of the social state. It is noted that along with the presence of social budget expenditures, its other equally important manifestation is the creation of conditions for the self-realization of citizens, the formation in the state of a complex system of economic and social institutions that allow achieving this goal. Moving towards such a goal means moving away from the classical formulation of equality of citizens, since it involves a number of additional measures to support individual citizens or their associations in order to reduce the level of social tension in a particular society and reduce poverty. In this regard, the author analyzes the issues of the implementation of this second group of social functions of the state on the example of the grounds for the free provision of land plots to private ownership from public lands. It is noted that such procedures exist in Russia and the republics of the former USSR, however, the grounds and procedure for granting such lands have a number of significant differences due to historical, economic and other reasons

28-32 213
Abstract

The unhindered exercise of civil rights in the sphere of obligations has three levels of action: rights arising from the general provisions of civil law; rights arising from other sub-branches of civil law (for example, property rights) and affected by obligations; rights of claim under obligations. The very concept of “right of claim” is not disclosed in the legislation and has not been the subject of detailed scientific research.
The principle of unhindered exercise of civil rights is implemented in relation to obligations in the following trinity: prohibition of the debtor to violate the creditor’s right of claim, which is equivalent to his obligation to properly perform the obligation; prohibition of anyone (including the creditor) to obstruct the debtor to perform his duties; prohibition of anyone (including the debtor) to obstruct the creditor to accept performance.

33-41 281
Abstract

The land plot occupies a special place in the system of real estate objects, which is reflected in civil, administrative, land, environmental and other legislation. The study showed that, despite more than thirty years of history of land transformations, the legal regime of a land plot as a real estate object continues to be debatable, due to the persistence of a number of gaps and conflicts in land and civil legislation. The legal regime of a land plot differs from the public law regime of land as a natural object and natural resource, it is regulated, mainly, by the norms of civil legislation, with the establishment of a number of prohibitions and restrictions (in terms of turnover) enshrined in land and environmental legislation. The further development of the regulatory clarification of the legal regime of land plots every year will be increasingly influenced by the achievements of scientific and technological progress associated with an increase in the number of artificial land plots, as well as an increase in the number of energy facilities based on the use of various types of renewable energy sources

ПУБЛИЧНЫЕ НАУКИ

43-47 133
Abstract

The article is devoted to the study of the possibility of successful development of the “green” economy in conditions of insufficient regulation of the legal and administrative aspects of the problem. The absence of regulatory legal acts regulating the extraction and processing of non-renewable resources, the organization of production and consumption, the protection of species, etc., from the position of the “green” economy causes some vagueness in defining the goals and objectives of environmental measures. Attention is drawn to the multiplicity of interpretation of the term: “green” economy. The increased attention to this problem on the one hand indicates its undoubted relevance, however, on the other hand, it may be the reason for the erosion of the very concept of the “green economy”. The consumption of non-renewable resources, the problem of waste disposal, the use of technologies by agricultural and processing enterprises that reduce the value of food, determine the need to take measures aimed at preserving the environment. Measures of influence on business entities should be not so much directive as economic in nature.

КРИТИКА И БИБЛИОГРАФИЯ

ТРИБУНА МОЛОДОГО УЧЕНОГО

55-60 238
Abstract

In the proposed article, in accordance with modern civil law, the actual problems of the implementation of a testamentary refusal are considered. The author of the article tried to define a more precise concept of a testamentary refusal, to explain the procedure for its execution, to identify persons who are directly involved in the process of execution of a testamentary refusal. The author has investigated a court case related to a testamentary refusal, identified some features of the right to inherit shares in the authorized capital of a limited liability company. In conclusion, the author formulated proposals for improving the legislative regulation of a testamentary refusal and the procedure for its execution



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ISSN 2949-1193 (Online)