№ 2 (2024)

 The process of contractual interaction has rapidly moved into the digital environment, which has affected consumers. Credit agreements are widely concluded in mobile and Internet applications and via SMS. This has entailed controversial and problematic situations, and, accordingly, tasks for their resolution and discussions about the nature and legal regulation of the use of the digital environment in the contractual process. At the same time, the question of how exactly the counterparty should confirm the fact of the formation of an electronic signature by a certain person still remains unanswered.

In this article, the author analyzes judicial practice and reveals potential approaches to the nature of electronic transactions. Noting the preservation of the traditional approach to concluding contracts remotely, the article suggests some ways to minimize the risks of switching to electronic interaction with consumers of financial services.

 The analysis of problems of the correlation of national and international law, despite their diversified research, do not lose their theoretical and practical significance. The participation of states in international legal relations, their preservation of independence in the exercise of state power inside and outside the country necessitates the establishment of limits to the influence of international law on national law, as well as the use of those methods of implementation that will ensure the interests of this state. The article analyzes the approaches developed by science to the relationship between national and international law, ways of implementing the principles and norms of the latter into the national legal system on the example of modern Russian law.

It is concluded that it is precisely the monistic concept based on a balanced ratio of national and international law with the priority of the latter that allows preserving state interests and forming a complex, but well-coordinated and effectively functioning system of principles and norms of law enshrined in a hierarchically structured system of forms of national and international law.

 The article examines the concept of separation of powers in the current public legal system of the Russian Federation. Taking into account the adopted amendments to the Constitution of the Russian Federation in 2020, shortcomings in the effective functioning of this system were identified. Based on the above positions of legal scholars regarding the public-legal nature of the Russian model of separation of powers, it is noted that the uncertainty of the model of the form of government can lead to negative consequences. The influence of the adopted amendments on the branches of government is considered and the features of the separation of powers model in Russia are highlighted. In conclusion, the author concludes that there is a necessary need to develop and implement new reforms aimed at optimizing the functioning of the current system of separation of powers in the state.

 The article examines the administrative and legal status of refugees and internally displaced persons in the Russian Federation. It reveals the specific measures applied to refugees and internally displaced persons, as well as the problems that arise during their application. The measures of social protection (support) in the territories of the Donetsk People’s Republic, the Lugansk People’s Republic, the Zaporozhie region and the Kherson region are defined in detail.

The author sets out to identify problems in legislation that regulate the situation of refugees and internally displaced persons and suggests ways to solve them, for example: establishing the amount of social benefits for refugees and internally displaced persons; simplifying the procedure for obtaining housing for refugees and internally displaced persons; creating a separate the fund of budget places in universities only for refugees and internally displaced persons; create a separate register of vacancies for refugees and internally displaced persons and etc.

 The article combines theoretical and practical aspects of the problem of financial recovery of legal entities during bankruptcy. The author points out the need for financial recovery to prevent the liquidation of organizations and preserve jobs. The article describes the features of the procedure for carrying out financial recovery, which is regulated by insolvency legislation. The rights of persons who have the right to apply for the introduction of financial recovery are analyzed. The need to develop a financial recovery plan that takes into account the company’s strategy and plans for optimizing business processes is noted. The author emphasizes the importance of debtor management by creditors and banks to ensure debt repayment. The main participation of creditors is expressed in the management of transactions related to the debtor’s property, the issuance of loans and the establishment of trust management of property. The administrative receiver also plays an active role in managing the debtor’s affairs by looking after its accounts payable and assets. Failure to fulfill the duties of an administrative manager entails administrative liability, which is an equally significant and controversial issue, especially taking into account the positions formulated in judicial practice. As a result, the author comes to the conclusion that successful financial recovery requires a clear understanding of the procedure, as well as the possession of property, financial, legal and organizational skills. Topics related to financial recovery require further research and discussion in the scientific and expert community.

 The key problems and risks inherent in the procedure for approving a list of unclaimed land shares by the general meeting of participants in shared ownership are examined in the light of changes made to the Federal Law “On the Turnover of Agricultural Lands” in 2022. An attempt is made to find a balance of private and public interests in the context of the extrajudicial procedure for transferring ownership of unclaimed land shares to municipalities by expanding the possibilities of judicial contestation of decisions of general meetings to refuse approval of a list of unclaimed land shares or to unjustifiably exclude individual land shares from this list.

 The development of the current Russian legislation testifies to the actively pursued demographic policy of the state. However, abortions, which are opposed to fertility, are actively performed on the territory of the Russian Federation. This is due to the fact that a woman’s right to an abortion, which can be carried out on three grounds, is regulated by law.

The characteristic of abortion as a categorically negative act is associated, in particular, with a negative impact on the reproductive system of the female body and, as a result, the complexity of pregnancy in the future; a negative moral assessment; the action of a pregnant woman, actually consisting in the killing of the fetus, as an organism that is genetically different from the mother’s body; the presence in the state of the foundations for the formation of an ideology based on traditional values, which include a strong family, the essence of which is the priority of raising children, stable marital relations.

As a conclusion, it is proposed to prohibit abortions at the request of a woman at the legislative level, leaving only two grounds for this action – medical and social factors.

 The relevance of the topic of the presented work lies in the emerging trend of an annual increase in the number of detected crimes in the field of illicit trafficking in pornographic materials and objects. Domestic legal mechanisms in this area are not effective enough, since the prevalence of illegal trafficking in pornography does not correlate with the number of persons prosecuted. The objectives of the conducted research are to study the experience of international legal regulation in the field of regulation of pornography trafficking, to identify distinctive features that can be used to optimize domestic criminal legislation. The normative basis of the study was the provisions of Russian and international legislation in the field of combating trafficking in pornography, as well as legal monuments, the empirical basis was statistical data and Internet research. The article examines international legal documents in the field of countering pornography trafficking, identifies certain provisions that can be implemented in the Russian legal system. Based on the analysis, the need to adjust the content of international legal mechanisms on liability for illegal trafficking in pornography is justified.

 It is difficult for a modern person to imagine their daily communication without a mobile gadget and Internet. Unfortunately, information is not always reliable, and sometimes it is deliberately false, so there is a need for legal regulation of public relations on the Internet. In the course of virtual communication or interaction of citizens, legal relations may arise that entail legal responsibility. The goals of the manuscript are to figure out what defamation is, what are the causes of this phenomenon, what ways of regulating defamation exist in legislation, as well as to find out its differences from other forms of false information and offensive statements.

 The relevance of this paper lies in the interest of legal experts in examining controversial issues at the intersection of secular and canon law. The aim of this research is to ensure the protection of religious privacy within the context of the constitutional principle of secularism. In this regard, the author has set the main objective of the work as identifying problematic issues related to the application of the institution of confessional secrecy that may arise in civil proceedings. Through this process, the author undertakes a comprehensive examination of the institution of canon law, defines its boundaries and components, and explores the interaction between the church and state. Additionally, the issue of whether a priest may disclose confidential information is raised. At the same time, there is a controversial issue being brought up for discussion regarding the possibility of applying standards for the protection of religious privacy in relation to clergy members of various religious organizations.

The outcome of this discussion has led to the identification of several issues, the proposal of new terminology, and the unification of legislative positions regarding the immunity of clergy in civil and criminal procedures.

 The article examines the law enforcement practice of the arbitration courts of the Russian Federation on the issue of property immunity for the only living space suitable for permanent residence of the debtor. Due to the lack of legislative regulation, the authors have identified the problem of developing criteria that exclude the possibility of applying guarantees provided for in Article 446 of the Civil Procedure Code of the Russian Federation. At the same time, on the basis of law enforcement practice, among those highlighted are: issues of “intent” and actions of the debtor on the eve of bankruptcy, the non-absolute nature of executive immunity, the luxury of property. These criteria are correlated with the period before bankruptcy was initiated against the debtor, and during the debtor’s stay in the procedure.

 In the modern world, one of the pressing global problems is maintaining stability, preventing conflicts while observing the fundamental principles of human and civil rights and freedoms. In this regard, new attempts are being made to study the nature of euphemisms. The article is devoted to the study of euphemisms in modern Russian law. The reasons for their appearance, functional role and significance are determined. This problem is the subject of study of linguistics and jurisprudence, and therefore is considered innovative and promising in terms of scientific research.

The work provides theoretical information on the history of the emergence and development of the concept of “euphemism”, and also draws on a large number of examples from the materials of law enforcement practice of courts and the texts of regulatory legal acts of the Russian Federation. The author concludes that legal language, which, on the one hand, is characterized by strict regulation and precision, is still impossible to imagine without the use of euphemisms to replace other, illegal or unwanted, words and expressions. The stricter the social control of the speech situation and the speaker’s self-control of his own speech, the more likely the appearance of euphemisms in legal speech.