No 1 (2024)

 This paper analyzes the current Russian criminal legislation on the legal regulation of the liability of persons who committed a crime before reaching the age of majority. The relevance of the topic lies primarily in the fact that juvenile delinquency is a fertile ground on which adult delinquency is reproduced. For example, according to K. E. Igoshev and G. M. Minkovsky, about 60 percent of persons who committed crimes before the age of majority, then, as adults, continue to commit crimes that subsequently form a recidivism, a dangerous recidivism and a particularly dangerous recidivism. Consequently, the level of success in solving problems in the field of combating crime as a whole is correlated with the measures of preventive and criminal law influence in relation to the age category of the population under consideration.

The objectives of the study are, in particular, the comparative-legal, formal-legal (dogmatic) analysis of the norms of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), international legal documents, the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 1, 2011 No. 1 “On the judicial practice of applying legislation regulating the peculiarities of criminal responsibility and punishment of minors”, the theoretical analysis of scientific works on the topic of this work.

The purpose of the study is to identify problems in the field of criminal law regulation of the liability of persons who committed a crime before reaching the age of majority, and to develop proposals for its improvement.

 Doctrinal legal provisions in Russia are becoming increasingly important in terms of determining the strategy and tactics of legal regulation in the face of new challenges. This is manifested primarily in the consolidation of official doctrines at the level of regulatory legal acts of the President and the Government of the Russian Federation. The purpose of the study is to generate scientific knowledge about the essential properties of legal doctrine. Objectives: to identify the relationship between forms and sources of law; explore the properties of the doctrine as an atypical source of law, its types and forms of manifestation.

Forms and sources of law should be distinguished: the source is the factors that predetermine the content of the rules of law, while the form of law is the external documentary form of expression of the rules of law. Legal doctrine in the Russian Federation manifests itself as official and scientific, while the official doctrine is approved by regulatory legal acts. Legal doctrine, primarily official, acts in Russia as an atypical source of law, increasingly influencing the content of legal regulation. Its legal force has not yet been fully determined.

 The article analyzes the legislation regulating the administrative responsibility of foreign citizens. The main problems related to the application of administrative responsibility to foreigners, such administrative penalties as an administrative fine applied to foreign citizens subject to expulsion, administrative expulsion and deportation of foreign citizens outside the Russian Federation, where attention was focused on the difference between these concepts. Also the problem of providing legal assistance to foreign citizens was identified, where The problems that a lawyer may face were listed, in this regard, ways to solve problems were proposed and proposals were developed to improve legislation in this area.

 This article presents the results of an analysis of legislation and law enforcement practice related to the license agreement granting the right to use a computer program. Certain types of licenses and their characteristic features are considered, the most important principles of legal regulation of license agreements are described based on the study of foreign regulations and judicial practice on this issue. Particular attention is paid to the principle of dichotomy of ideas and their expressions, as well as the practice of their differentiation. Based on the results of the study, it is concluded that it is advisable to study the experience of litigation on this issue in foreign countries.

 The article raises the issue of bringing a person exercising the powers of the sole executive body of management in a business company to civil liability. This problem remains relevant at the present time, since in judicial practice there are a large number of cases in which the general director is held accountable, including in the case of instructions (with the consent) of higher management bodies of a legal entity. The paper presents the main provisions and options for solving this issue. The result of the study was the formulation of conditions for bringing certain individuals to civil liability, and also a conclusion was made about the significance of the circumstances of the case, which indicate dishonest and (or) unreasonable actions (inaction) of the director.

 In this paper, consider: the role of the economic interest of the participants of corporate groups (holdings); the opposition of the economic interests of the minority and majority participants of the corporation; the responsibility of the directors of subsidiaries of legal entities for transactions within the holding. The legal issues of the study involve the analysis of the legal regulation of corporate governance and control in holdings, the search for a balance to protect the rights and interests of the corporation’s participants. To estimate the need of developing the criteria for recognizing the group-wide interest of holding companies and standards for protecting the rights of minority shareholders, the mechanisms of legal regulation of these legal relations in the legislation of European Union countries and foreign scientific sources were considered.

It is concluded that Russian doctrine and judicial practice recognize a group-wide economic interest, but do not contain established criteria for its recognition. In turn, the consolidation of these standards used to protect the rights of minority shareholders would improve the level of corporate governance in corporate groups and prevent unfair infringement of the rights of majority shareholders.

 The article is devoted to the study of the peculiarities of the formation of digital legal awareness among young people in the modern period of development of society, as well as the factors influencing this process. The content of the concept of “digital legal awareness” is analyzed. Attention is focused on the aspect of the need to form and develop consumer and user culture of citizens of the Russian Federation as an integral part of legal awareness, and through this prism the development of the scoring system in Russia is analyzed. It is noted that such a perception model as clip thinking is most characteristic of the youth environment. Attention is also drawn to the fact that social networks have a great influence on the formation of digital legal awareness, a distinctive feature of maintaining pages in which is the brevity, accessibility, and content of the transmitted information that correspond to clip thinking. It is emphasized that the mandatory maintenance of pages of state bodies, local governments, subordinate organizations and courts in social networks, the purpose of which is the development of digital legal awareness of citizens, may become an urgent area for the professional development of a number of young professionals. It is concluded that the formation of digital legal awareness is carried out in different directions, in different ways, on different platforms, being one of the most important issues of our time.

 Tax optimization within the limits set by law allows taxpayers to reduce the amount of taxes paid, but taxpayers often use methods and techniques of illegal tax optimization, resulting in underestimation of the tax base and incomplete payment of taxes. This is evidenced by the increasing number of reports in the media about the institution of criminal proceedings against Internet bloggers under Article 198 of the Criminal Code of the Russian Federation for non-payment of taxes. Detection of facts of illegal tax optimization – understatement of the tax base under the simplified taxation system in relation to Internet bloggers – is most often connected with the fragmentation of business and withdrawal of funds to an account in foreign banks. As the market for information services is rapidly developing, tax administration methods that allow automatic tracking of sites and transactions of large Internet bloggers should also be rapidly developed. In this case, data collected automatically should be compared with accounting data. The mechanisms of tax optimization used by Internet bloggers are analyzed to propose ways and methods of counteracting them.

 The article draws attention to the special powers of proxy representatives in the arbitration procedure. At the moment there are some restrictions in the legislation in connection with the political situation in the country, in particular, concerning the problem of recovery of funds by foreign organizations through the representative’s bank account. In this article the author draws attention to the innovations in the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”, as well as to the court practice developed during the amendments. The conclusion of the article summarizes the fact that the current practice is contrary to the law and also puts the parties to the process in an unequal position, in this regard some amendments should be made that will clarify the provisions, concerning special credentials of representatives.

 The social and age immaturity of adolescents who commit crimes requires special rules for criminal proceedings against minors. The differentiated form of proceedings in such cases is based on additional guarantees of ensuring the rights of criminally prosecuted minors. The published results of scientific research on the problems of ensuring the rights of persons in respect of whom proceedings are being conducted according to the rules determined by Chapter 50 of the Code of Criminal Procedure of the Russian Federation were taken as a theoretical basis for this article.

The article identifies the main features of ensuring the rights of minors in Russian criminal procedure. The author makes proposals for improving criminal procedural legislation. It is concluded that modern Russian criminal procedure have been able to implement the basic standards of child-friendly justice, but still it is necessary to clarify the content of individual criminal procedural norms in order to ensure uniform law enforcement practice.

 The authors consider the possibility of introducing obscene expressions into the text of the interrogation protocol, which is a zone of intersection of language and law. The article analyzes Russian legislation and judicial practice concerning the use of profanity in procedural documentation. The authors come to the conclusion that it is impossible to use profanity in official procedural documents and draw attention to the need to regulate the procedure for excluding (replacing) profanity in order to avoid falsification of the results of investigative actions and in order to solve problems arising at the intersection of language and law, which are the main promising task of legal linguistics.