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

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Vol 3, No 1 (2024)
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STATE LEGAL RELATIONS

13-19 72
Abstract

This article presents the historical-law attempt to systematize G.F. Shershenevich’s performances about philosophy of law and it methodology role in jurisprudence. The author analyses theoretic performances about philosophy and philosophy of law in the structure of one, the significance of it for jurisprudence in understanding of them. The main analysis object of the article is Shershenevich’s arguments for scientific philosophy of law, philosophy of law conception as sum of general theory of law, philosophy of law history and policy of law.

20-24 95
Abstract

The article is devoted to the problems of the relationship between legal naturalism and positivism in modern Western legal science. Foreign jurisprudence places great hopes on the hybrid nature of their interaction. Goal: identification and analysis of the relationship between legalism and positivism in modern Western legal science. The article uses the following methods: comparative legal, analytical, logical. Results: there is every reason to believe that the future of legal philosophy remains largely behind the recognizable natural law theory of positive law.

PRIVATE LAW PROBLEMS

26-35 72
Abstract

The relevance of this study lies in the fact that achieving the ambitious goals of Russia’s transition to the standards of a “green” economy requires not only the greening of all spheres of public life (transport, agriculture, industry, etc.), but also the further development of public administration functions, the most important of which is state environmental control (supervision). The article examines the current legal norms regulating the procedure for its implementation, guarantees of the rights of entrepreneurs, and proposes an author’s definition of state environmental control (supervision). The main shortcomings of the legal regulation of environmental supervision, including the lack of municipal environmental control, are discussed. The prospects of digitalization of control, the ratio of environmental and natural resource control, new tasks of state environmental control in modern conditions are explained. Special attention is paid to the practice of state environmental control in the three Caspian regions. It is noted that the specifics of environmental control identified there do not give grounds for concluding that they are moving to a “green” economy

36-41 84
Abstract

Considering digital financial assets as one of the segments of property rights, believing that the essential content of the construction of «digital financial assets» are mandatory monetary claims, the rights of the holder of equity securities, the rights of shareholders of a non-public joint-stock company, and the right to demand the transfer of equity securities, fixed in a special order (by making (changing) entries in an information system based on distributed registry technology), the author argues that digital financial assets can constitute a certain segment of the common property of spouses. The current norms of the Family Code of the Russian Federation governing the implementation of the common property of spouses operate in categories of property law, which is incorrect in relation to the broader category of “property”, since in addition to things, the Russian legislator refers to property and property rights and property obligations. Taking into account the different legal nature of the categories “things” and “property rights”, the author argues that due to the well-established doctrinal civil approach to the categories “possession” and “use”, these legal constructions cannot be applied to relations related to the exercise of compulsory property rights. Such protection mechanisms as vindication cannot be used in relation to compulsory property rights, although these legal instruments have shown their high effectiveness in the framework of the protection of property rights.
The author argues that the joint exercise by the spouses of their property rights, including the regime of joint ownership, as well as the imposition of joint duties on the spouses, should be considered as a legitimate regime of marital property.

42-46 69
Abstract

The development of the institution of a legal entity was accompanied by the interweaving of private and public interests, which is reflected in the scientific discussion about the place of the institution of a public legal entity in the system of subjects of civil law. The article discusses some historical aspects of the development of public legal entities.

47-52 89
Abstract

The article is devoted to the study of the institution of assignment of the right of claim and its role in the civil law of the Russian Federation. The author considers the concept of assignment of the right of claim, the parties to the agreement and the specifics of the transfer of the right of claim. The article reveals theoretical and practical issues, analyzes legislation and judicial practice, and on this basis, the author concludes that the assignment of the right of claim is a common type of transaction and requires more attention from the legislator.

53-56 63
Abstract

One of the most common problems of protecting consumer rights in the construction industry is violation by the developer of the terms of the shared construction agreement. Some issues of liability are discussed in this article, in particular, violation of the terms of the contract, resulting in deterioration in the quality of the object or in general unsuitability for use; discrepancy between the area of the transferred object; violation of the work deadline.

57-61 71
Abstract

Each participant in legal relations has a constitutional opportunity to protect his rights. This constitutional right is specified in sectoral substantive and procedural Russian legislation, a mechanism for their implementation and legal remedies have been created. However, some problems arise in the protective capabilities of subjective law.

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ISSN 2949-1193 (Online)