Vol 6, No 1 (2022)

The development of a market-based management system as an integral attribute of the economic policy of the Russian Federation is possible only with the introduction of legal and organizational measures to stimulate entrepreneurial activity, as well as to minimize the manifestation of possible violations by business structures in it. The research is based on a hypothesis about the possible role of compliance in establishing a balance of private and public interests in the implementation of control and supervisory activities by public administration bodies. The purpose of work is a scientific analysis of the concept of “compliance”, its legal nature and content, as well as the study of problems and prospects for the implementation of its universal form – antimonopoly compliance as a means that allows to maintain a balance of interests between public control bodies and business sector. The methodological basis included the dialectical method, a group of general scientific methods of cognition – the method of analysis and synthesis, the structural method, as well as private scientific – formal legal and comparative legal methods. Within the framework of the research, the features of compliance in the activities of business entities are analyzed, analytical and regulatory legal materials related to the implementation of antimonopoly compliance in Russia and foreign countries are studied. We conclude that antimonopoly compliance can contribute to the independent prevention of violations by business entities, reduce the level of state interference in their activities by reducing the number of inspections by antimonopoly authorities, and also, in combination with a risk-based approach, to a certain extent optimize the system of state control over compliance with antimonopoly legislation.

The work is devoted to the search by Austrian politicians for ways to solve the national question through the federalization of a multinational empire in the 19th – early 20th centuries. The purpose and objectives of the study: the study of political and legal concepts devoted to the issues of federalization and the solution of the national question within the boundaries of a multinational state, which became widespread in European thought in the 19th – early 20th centuries. We use comparative legal, historical, comparative and system-structural methods. The use of these methods of cognition allows us to analyze and summarize the historical and legal material in detail, draw the necessary conclusions and identify ways to solve the identified problems within the framework of modern trends. In the course of study, we analyze the concepts of reforming the Habsburg Empire by W. von Andrian-Werburg, L. von Lohner, O. Ostrozhinsky, A. Fischhof, A. Popovichi, K. Renner, O. Bauer, K. Luger, I. Seipel, G Lammash and other prominent representatives of the political and legal thought of Austria-Hungary. We consider various approaches to the process of federalization of the Austrian Empire from theological to ethnic-legal concepts. The data obtained can be used in further historical and legal research devoted to the study of the general problems of federalism and the peculiarities of the design of federalism in multinational state formations. We prove that the multinational empires that appeared in the Middle Ages, which were united mainly by the dynastic principle, faced with the problems of nationalism in modern times, had to respond to the challenges of their time. One of the ways to solve the problem was the transformation of empires on a federalist basis. However, the federalization of the Austrian Empire in the 19th – early 20th century did not happen due to the rejection of radical reform and the desire to “slow down” the processes of modernization of the empire, which became one of the main reasons for the collapse of the multinational state after the end of the First World War.

The research is focused on the fact that illegal enterprise is characteristic of the whole world. At the same time, the informal sector of the economy accounts for 10 to 20 % of gross domestic product in developed countries and about 60 % in emerging economies. We indicate that the Criminal Code of the Russian Federation reflects responsibility for illegal enterprise in Article 171. We emphasize that there is a discussion at the doctrinal level about the expediency of having this corpus delicti. The purpose of the study: to analyze the (un)foundedness of the criminalization of corpus delicti associated with illegal business (Article 171 of the Criminal Code of the Russian Federation). Tasks: to analyze the social danger of an act related to illegal enterprise; characterize the relative prevalence of this act; to study the historical continuity of the reflection of this corpus delicti in the criminal law of Russia; conduct an analysis of foreign legislation to reflect such a corpus delicti. As a result, we analyze the social danger of this crime, as well as its compliance with the principles of criminalization, such as the relative prevalence of the act, compliance with historical succession and modern foreign experience.

The scientific research is devoted to the law characterization of risk. Risk as a law category has a rather contradictory assessment in matters of subjects activities of civil law, including in situations of bringing them to civil law liability. We present doctrinal opinions regarding the risk concept, as well as the provisions of Russian civil law containing regulatory prescriptions regarding risky activities. We point out that the risk theory correlates with the general scientific theory of probability, and illustrative examples are given that prove such a connection between them. The purpose of the study: to conduct a doctrinal and legal analysis of risk as a civil category, as well as to formulate the author’s definition of the concept under study. The methodological basis of the work is based on such methods as: comparison method, complex analysis method, as well as a number of special scientific cognition methods: historical, comparative legal, formal legal. The author’s formulation of risk concept, including a number of identifying features, is proposed. We indicate that risk is a category of subjective-objective property. We conclude that the fact of the existence of the so-called increased responsibility is presumed by the nature of such activity, which is expressed in an increased risk of its implementation, and which this person is aware of, accepted, and because of its objectivity in the activities of a person cannot be completely excluded.

We consider the relationship between legality principle and parties’ equality principle in the claim proceedings. We believe that the basis for ensuring the actual implementation of this principle is a correct understanding of the interdependence of these principles. We focus special attention on the interdependence of legality and equality of the parties, which in absolute terms can be regarded as a sign of complementarity. We aim to analyze the relationship between legality principle and parties’ equality principle in the claim proceedings. Tasks: to study the concept and significance of the principle of “legality” and “equality”, to consider the problems of implementing these principles of the Code of Civil Procedure of the Russian Federation, to propose improvements for the process of implementing these principles in the Code of Civil Procedure of the Russian Federation. We establish that the reason for non-compliance with certain requirements, leading to the abandonment of the statement of claim, may be the unfair (un) intentional activities of some interested parties. Our contribution to the study is to identify a procedural defect in Article 147 of the Code of Civil Procedure of the Russian Federation. This article does not directly contain a prohibition for the court at the stage of preparation for the court session, to hold a court session without proper notification of the parties, which is a violation of the principles of legality and equality of the parties in the proceedings. On this basis, we consider it possible to correct and (or) supplement Article 147 of the Code of Civil Procedure of the Russian Federation with part 3. The need for these changes is justified by the importance of ensuring real equality of parties.

The relevance of work is due to the presence of legal problems of the institution of criminal case termination, which have accumulated in recent years and the need to develop measures for the legal regulation of this sphere of legal relations. The purpose of work is to study the institute of criminal case termination as an object of legal regulation. The objectives of the study are to identify trends in the development of the institution of criminal case termination, emerging legal contradictions, respect for the rights of participants in the process, as well as developing proposals and recommendations for solving existing problems. We use classical methods of legal research: analysis, synthesis, generalization of law enforcement practice, logic. Based on the analysis of legislation, decisions of higher courts and law enforcement practice, a conclusion is made about the emerging trends in the field of reforming the institution of criminal case termination, primarily related to the realization of the right of persons to rehabilitation. We substantiate the conclusion that the power to terminate the criminal case in the sense of understanding it as a final decision should be entrusted to the court, since in its essence this is its resolution on the merits. We prove the need to reform the institution of criminal case termination, however, the legislator should focus on correcting its contradictions, inaccuracies and existing gaps in order to bring it into line with the norms enshrined in the Constitution of the Russian Federation, the principles proclaimed by it and the purpose of criminal proceedings.

We present an overview of the All-Russian Scientific and Practice Conference “Legal regulation in the sphere of health care under the conditions of new challenges: theory and practice issues”, held on March 25–26, 2022 and organized by Derzhavin Tambov State University. Other co-organizers of the conference are also noted, which are Kemerovo State University, Russian University of Transport, Main Military Clinical Hospital of the National Guard Troops of Russian Federation, Tambov branch of the Association of Lawyers of Russia and “Plus Guarantee Tambov” Company. The conference is aimed at discussing and understanding the current state of legal regulation of medical field in the prism of such aspects as the development of public administration digitalization in the field of healthcare, transformation of state supervision and strengthening of administrative responsibility in this area, commercialization of medical services, emergence of a new coronavirus infection (COVID-19 ) and complication of sanitary and epidemiological situation, as well as the development of the need to overcome the problems of criminal law protection of the health of citizens and the corresponding law enforcement practice. The conference participants are scientists and practitioners in the sphere of medicine and jurisprudence. The review highlights the content of plenary and breakout sessions, which are titled: “Legal support for the organization of healthcare in the face of modern challenges”, “Criminal legal protection of public relations in the field of healthcare: modern challenges and ways to respond to them”; “Trends in administrative and legal regulation in the field of healthcare: problems and development prospects”; “Legal aspects of medical activity in federal executive bodies providing for military service, and in law enforcement agencies: problems, prospects, domestic and international issues”.

The work is dedicated to the rector of Derzhavin Tambov State University, a major public and political figure, editor-in-chief of the journal “Current Issues of the State and Law” Vladimir Yuryevich Stromov, who passed away on March 10, 2022. The work notes the professional development and path of V.Y. Stromov, who managed in different periods to combine a lawyer, theorist, deputy, rector. The scientific interests of V.Y. Stromov, which included issues of implementation and effectiveness of criminal penalty, emphasize the identified socio-cultural phenomenon of criminal penalty, declarative nature of the penal policy. Attention is paid to the vigorous activity of V.Y. Stromov within the legal community as a member of the Association of Lawyers of Russia, subsequently – Chairman of the executive Committee of the Tambov branch of the Association of Lawyers of Russia and a member of the Board of the Association of Lawyers of Russia at the federal level.