Pub Date : 2024-01-20DOI: 10.37399/issn2072-909x.2024.2.79-85
Yurij A. Latynin
The problematic aspects of compensation for damage or making amends for the harm caused by the crime are investigated as one of the basic signs of the type of exemption from criminal liability in the form of a court fine. As a result, the author formulates and substantiates the concepts of compensation for damage and compensation for damage caused by a crime, in relation to the category of a court fine. The article analyzes the judicial practice and the elaboration of this problem in the scientific literature. Relevant conclusions and proposals have been formulated.
{"title":"Compensation for Damage or Compensation for Damage Caused By a Crime, as a Sign of a Court Fine","authors":"Yurij A. Latynin","doi":"10.37399/issn2072-909x.2024.2.79-85","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2024.2.79-85","url":null,"abstract":"The problematic aspects of compensation for damage or making amends for the harm caused by the crime are investigated as one of the basic signs of the type of exemption from criminal liability in the form of a court fine. As a result, the author formulates and substantiates the concepts of compensation for damage and compensation for damage caused by a crime, in relation to the category of a court fine. The article analyzes the judicial practice and the elaboration of this problem in the scientific literature. Relevant conclusions and proposals have been formulated.","PeriodicalId":513966,"journal":{"name":"Rossijskoe pravosudie","volume":"73 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140501646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-20DOI: 10.37399/issn2072909x.2024.2.17-29
S. Titor, R. Shagieva
Devoting the article to the quality of education, it should be noted that quality as an essential characteristic of any subject is found everywhere. In society, at the state-management and household levels, it is customary to talk about the quality of life, the quality of medicine, the quality of education, the quality of public services and management, etc. All social processes, all relations are considered today from the point of view of their quality. The quality of education has always been and will be the most relevant topic for research. High-quality education generates a highly moral person of society. This article analyzes the quality of vocational education as a legal institution, thanks to which the authors come to the conclusion that it is necessary to legislate the concept of quality of vocational education, defining it as a comprehensive characteristic of educational activities and training of students, expressing the degree of their compliance with federal state educational standards, educational standards, federal state requirements, as well as the needs of the state and society in represented by representatives of employers, expressed in the demand for graduates in the labor market.
{"title":"The Quality of Professional Education as a Legal Institution","authors":"S. Titor, R. Shagieva","doi":"10.37399/issn2072909x.2024.2.17-29","DOIUrl":"https://doi.org/10.37399/issn2072909x.2024.2.17-29","url":null,"abstract":"Devoting the article to the quality of education, it should be noted that quality as an essential characteristic of any subject is found everywhere. In society, at the state-management and household levels, it is customary to talk about the quality of life, the quality of medicine, the quality of education, the quality of public services and management, etc. All social processes, all relations are considered today from the point of view of their quality. The quality of education has always been and will be the most relevant topic for research. High-quality education generates a highly moral person of society. This article analyzes the quality of vocational education as a legal institution, thanks to which the authors come to the conclusion that it is necessary to legislate the concept of quality of vocational education, defining it as a comprehensive characteristic of educational activities and training of students, expressing the degree of their compliance with federal state educational standards, educational standards, federal state requirements, as well as the needs of the state and society in represented by representatives of employers, expressed in the demand for graduates in the labor market.","PeriodicalId":513966,"journal":{"name":"Rossijskoe pravosudie","volume":"87 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140501926","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-20DOI: 10.37399/issn2072-909x.2024.2.5-16
Dmitrij E. Goloshumov
The article highlights the history of the creation of the institution of administrators in Russia, examines the problems of the unsettled legal status and official position of administrators of federal courts, due to the uncertainty of their dual subordination, as well as the stages that took place in the field of reforming the institution of court administrators, and conducts a comparative analysis of the functional responsibilities of administrators of courts of general jurisdiction and administrators of federal arbitration courts. The main prerequisites for the adoption of the Concept for reforming the institution of federal court administrators are highlighted, the main goal of which was to consolidate the scope of functional responsibilities of the court administrator, which were initially derived from the organizational and support functions of the Judicial Department and from the managerial powers of the chairman of the court, and the measures taken since the adoption of the Concept for its implementation are described, as well as the results achieved at this stage. It is concluded that the results achieved during the implementation of the Concept, as well as other measures to reform the institution of court administrators, are ambiguous. An opinion was expressed on the need to reduce the scope of powers of the head of the court administrator’s office, on the current duplication of the functions of the court administrator and other employees of the court apparatus, as well as on the controversial existence of his compulsory legal education.
{"title":"The Concept of Reforming the Institute of Administrators of Federal Courts of General Jurisdiction and Federal Arbitration Courts","authors":"Dmitrij E. Goloshumov","doi":"10.37399/issn2072-909x.2024.2.5-16","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2024.2.5-16","url":null,"abstract":"The article highlights the history of the creation of the institution of administrators in Russia, examines the problems of the unsettled legal status and official position of administrators of federal courts, due to the uncertainty of their dual subordination, as well as the stages that took place in the field of reforming the institution of court administrators, and conducts a comparative analysis of the functional responsibilities of administrators of courts of general jurisdiction and administrators of federal arbitration courts. The main prerequisites for the adoption of the Concept for reforming the institution of federal court administrators are highlighted, the main goal of which was to consolidate the scope of functional responsibilities of the court administrator, which were initially derived from the organizational and support functions of the Judicial Department and from the managerial powers of the chairman of the court, and the measures taken since the adoption of the Concept for its implementation are described, as well as the results achieved at this stage. It is concluded that the results achieved during the implementation of the Concept, as well as other measures to reform the institution of court administrators, are ambiguous. An opinion was expressed on the need to reduce the scope of powers of the head of the court administrator’s office, on the current duplication of the functions of the court administrator and other employees of the court apparatus, as well as on the controversial existence of his compulsory legal education.","PeriodicalId":513966,"journal":{"name":"Rossijskoe pravosudie","volume":"120 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140501611","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-20DOI: 10.37399/issn2072909x.2024.2.49-58
I. Y. Voronov
The nature of gaps in Russian legal acts on labor and labor law is analyzed, the analysis of scientific points of view on the nature of gaps in labor law is carried out. The article criticizes scientific approaches based on legal positivism, as well as on the scientific and debatable concept of integrative legal understanding, in which the nature of gaps in labor law is traditionally revealed using the terms “labor legislation”, “labor law norms”, as well as social regulators of actual social relations and moral categories. The author’s conclusions and proposals are formulated from the position of the scientifically grounded concept of integrative legal understanding. In particular, it is concluded that the real gaps exist not in labor law, but in national legal acts in the field of labor. There is usually no gap in labor law if there are principles and norms of labor law applicable to the disputed legal situation contained in the unified system of forms of labor law implemented in the Russian Federation. The author’s proposals for changing certain norms of the Labor Code of the Russian Federation are formulated.
{"title":"The Nature of Gaps in Russian Legal Acts on Labor and Labor Law","authors":"I. Y. Voronov","doi":"10.37399/issn2072909x.2024.2.49-58","DOIUrl":"https://doi.org/10.37399/issn2072909x.2024.2.49-58","url":null,"abstract":"The nature of gaps in Russian legal acts on labor and labor law is analyzed, the analysis of scientific points of view on the nature of gaps in labor law is carried out. The article criticizes scientific approaches based on legal positivism, as well as on the scientific and debatable concept of integrative legal understanding, in which the nature of gaps in labor law is traditionally revealed using the terms “labor legislation”, “labor law norms”, as well as social regulators of actual social relations and moral categories. The author’s conclusions and proposals are formulated from the position of the scientifically grounded concept of integrative legal understanding. In particular, it is concluded that the real gaps exist not in labor law, but in national legal acts in the field of labor. There is usually no gap in labor law if there are principles and norms of labor law applicable to the disputed legal situation contained in the unified system of forms of labor law implemented in the Russian Federation. The author’s proposals for changing certain norms of the Labor Code of the Russian Federation are formulated.","PeriodicalId":513966,"journal":{"name":"Rossijskoe pravosudie","volume":"132 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140501945","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-20DOI: 10.37399/issn2072909x.2024.2.86-93
Vladislav D. Khalin
At the current level of development of the legal system of the Russian Federation, one of the most pressing problems is combating money laundering and its subsequent use for illegal purposes. Information technology creates an opportunity to improve the criminal technology of committing crimes and their concealment. One of the newest ways of money laundering is the use of digital game currency. The use of digital gambling currency is a relevant tool for money laundering, disguising cash transactions and their further sale. Such currency can be used to buy and sell virtual goods in various online communities, including social networks, online and offline games. Such currency can then be exchanged for fiat or decentralised funds, which in turn facilitates novel money laundering schemes. The purpose of this paper is to investigate in-game currency, the ways it can be used for money laundering, and to develop possible measures to counteract this unlawful act. To achieve the set goal of the study we used dialectical, comparative legal, formal-legal, system-structural and other methods; the analysis of criminal cases for the period from 2018 to 2023 was carried out, media materials were reviewed and analysed. As a result of the conducted research the use of digital game currency as a method of money laundering was considered, the main categories of in-game currencies used for laundering of proceeds of crime were identified, and a possible way to counteract the use of digital game currency for the purpose of laundering of criminal proceeds was proposed.
{"title":"The Use of Digital Game Currency as a Way to Legalize the Proceeds of Crime","authors":"Vladislav D. Khalin","doi":"10.37399/issn2072909x.2024.2.86-93","DOIUrl":"https://doi.org/10.37399/issn2072909x.2024.2.86-93","url":null,"abstract":"At the current level of development of the legal system of the Russian Federation, one of the most pressing problems is combating money laundering and its subsequent use for illegal purposes. Information technology creates an opportunity to improve the criminal technology of committing crimes and their concealment. One of the newest ways of money laundering is the use of digital game currency. The use of digital gambling currency is a relevant tool for money laundering, disguising cash transactions and their further sale. Such currency can be used to buy and sell virtual goods in various online communities, including social networks, online and offline games. Such currency can then be exchanged for fiat or decentralised funds, which in turn facilitates novel money laundering schemes. The purpose of this paper is to investigate in-game currency, the ways it can be used for money laundering, and to develop possible measures to counteract this unlawful act. To achieve the set goal of the study we used dialectical, comparative legal, formal-legal, system-structural and other methods; the analysis of criminal cases for the period from 2018 to 2023 was carried out, media materials were reviewed and analysed. As a result of the conducted research the use of digital game currency as a method of money laundering was considered, the main categories of in-game currencies used for laundering of proceeds of crime were identified, and a possible way to counteract the use of digital game currency for the purpose of laundering of criminal proceeds was proposed.","PeriodicalId":513966,"journal":{"name":"Rossijskoe pravosudie","volume":"147 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140501720","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-20DOI: 10.37399/issn2072-909x.2024.2.30-41
I. Tsindeliani, E. V. Bezikova, Artem V. Shitkov
The study seems relevant because there is no uniform practice for certain categories of disputes related to the bankruptcy of individuals. The main purpose of this scientific article is to determine the features and current state of consideration of the analyzed category of disputes, identify current problems, and develop proposals for their resolution. The achievement of this goal is realized mainly through the solution of such tasks as the study of current legislation, the practice of the Supreme Court of the Russian Federation, the established judicial practice of courts of general jurisdiction, as well as arbitration courts. On the basis of general scientific and private scientific (comparative legal, technical-legal, formal-logical) methods used in this study, judicial conflicts and practice were analyzed, issues requiring legal solutions were identified, measures aimed at improving the current legislation were proposed. As a result, it will become obvious that the main issues on which such disputes arise are procedural in nature. The results of the study indicate the need to detail the legal norms on the jurisdiction of cases in the division of jointly acquired property of spouses, one of whom is bankrupt; jurisdiction of cases related to non-competitive contesting of transactions; jurisdiction of cases involving subsidiary liability when an organization is excluded from the Unified State Register of Legal Entities administratively.
{"title":"Actual Problems of the Application of Bankruptcy Legislation in Courts of General Jurisdiction","authors":"I. Tsindeliani, E. V. Bezikova, Artem V. Shitkov","doi":"10.37399/issn2072-909x.2024.2.30-41","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2024.2.30-41","url":null,"abstract":"The study seems relevant because there is no uniform practice for certain categories of disputes related to the bankruptcy of individuals. The main purpose of this scientific article is to determine the features and current state of consideration of the analyzed category of disputes, identify current problems, and develop proposals for their resolution. The achievement of this goal is realized mainly through the solution of such tasks as the study of current legislation, the practice of the Supreme Court of the Russian Federation, the established judicial practice of courts of general jurisdiction, as well as arbitration courts. On the basis of general scientific and private scientific (comparative legal, technical-legal, formal-logical) methods used in this study, judicial conflicts and practice were analyzed, issues requiring legal solutions were identified, measures aimed at improving the current legislation were proposed. As a result, it will become obvious that the main issues on which such disputes arise are procedural in nature. The results of the study indicate the need to detail the legal norms on the jurisdiction of cases in the division of jointly acquired property of spouses, one of whom is bankrupt; jurisdiction of cases related to non-competitive contesting of transactions; jurisdiction of cases involving subsidiary liability when an organization is excluded from the Unified State Register of Legal Entities administratively.","PeriodicalId":513966,"journal":{"name":"Rossijskoe pravosudie","volume":"26 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140502247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-20DOI: 10.37399/issn2072-909x.2024.2.59-69
S. Zhenetl’, Ol’ga N. Zakirova
The article is devoted to the procedural and substantive role of the prosecutor, as a subject with public powers, exercising competence in the field of protecting the interests of a minor or a person recognized as legally incompetent, in case of refusal of a legal representative from medical intervention necessary to save life. The object of the study was a set of public relations in order to protect the rights of a minor or a person recognized as incapacitated if the consent of the legal representative for medical intervention necessary to save life is not accepted. As a result of the conducted research, the authors concluded that the participation of the prosecutor should be directed not only within the framework of judicial proceedings, but also pre-trial settlement of the disputed situation.
{"title":"Participation of the Prosecutor in the Protection of the Interests of a Minor or an Incapacitated Person in Case of Refusal of a Legal Representative from Medical Intervention Necessary to Save Life","authors":"S. Zhenetl’, Ol’ga N. Zakirova","doi":"10.37399/issn2072-909x.2024.2.59-69","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2024.2.59-69","url":null,"abstract":"The article is devoted to the procedural and substantive role of the prosecutor, as a subject with public powers, exercising competence in the field of protecting the interests of a minor or a person recognized as legally incompetent, in case of refusal of a legal representative from medical intervention necessary to save life. The object of the study was a set of public relations in order to protect the rights of a minor or a person recognized as incapacitated if the consent of the legal representative for medical intervention necessary to save life is not accepted. As a result of the conducted research, the authors concluded that the participation of the prosecutor should be directed not only within the framework of judicial proceedings, but also pre-trial settlement of the disputed situation.","PeriodicalId":513966,"journal":{"name":"Rossijskoe pravosudie","volume":"76 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140501637","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-20DOI: 10.37399/issn2072-909x.2024.2.94-107
Natalia N. Raskatova, Andrey S. Raspitin
Within the framework of this article, the authors attempt to identify and highlight the conflict in the current legal regulation and judicial practice that arises when appeals courts consider complaints filed by bankruptcy creditors against decisions of courts of general jurisdiction, including the problem of abuse of the procedural right to appeal a judicial act in order to exclude bankruptcy creditors, including bona fide creditors, from the register of creditors’ claims and removing their claims from the register. The authors purposefully made a selection of relatively recent judicial practice in order to emphasize that the conflict covered has taken place up to the present time. The authors draw attention to the current lack of a unified approach not only among the court of appeal, but also among the courts of cassation instance, to the consideration of appeals of bankruptcy creditors against decisions of courts of general jurisdiction, on the basis of which the claims of “competing” creditors are included in the register of creditors’ claims. Based on the results of the analysis, the authors conclude that there is an urgent need explanations from the Supreme Court of the Russian Federation regarding the procedure for considering appeals from persons participating in the debtor’s bankruptcy case (with the exception of arbitration managers).
{"title":"Problems of Judicial Practice on Consideration of Appeals of Bankruptcy Creditors Against Decisions of Courts of General Jurisdiction","authors":"Natalia N. Raskatova, Andrey S. Raspitin","doi":"10.37399/issn2072-909x.2024.2.94-107","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2024.2.94-107","url":null,"abstract":"Within the framework of this article, the authors attempt to identify and highlight the conflict in the current legal regulation and judicial practice that arises when appeals courts consider complaints filed by bankruptcy creditors against decisions of courts of general jurisdiction, including the problem of abuse of the procedural right to appeal a judicial act in order to exclude bankruptcy creditors, including bona fide creditors, from the register of creditors’ claims and removing their claims from the register. The authors purposefully made a selection of relatively recent judicial practice in order to emphasize that the conflict covered has taken place up to the present time. The authors draw attention to the current lack of a unified approach not only among the court of appeal, but also among the courts of cassation instance, to the consideration of appeals of bankruptcy creditors against decisions of courts of general jurisdiction, on the basis of which the claims of “competing” creditors are included in the register of creditors’ claims. Based on the results of the analysis, the authors conclude that there is an urgent need explanations from the Supreme Court of the Russian Federation regarding the procedure for considering appeals from persons participating in the debtor’s bankruptcy case (with the exception of arbitration managers).","PeriodicalId":513966,"journal":{"name":"Rossijskoe pravosudie","volume":"57 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140502084","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-20DOI: 10.37399/issn2072-909x.2024.2.70-78
Aleksandra S. Mikhailova
The paper discusses the features and conditions for the emergence of the right to inherit by law, by will and inheritance contract, taking into account the history of the formation and development of the institution of inheritance. The purpose of the study is to identify the main distinguishing features of inheritance by will, inheritance contract and by law. The objectives of the study are to analyze the features of the formation and development of inheritance by law, inheritance contract and testament based on the study of historical trends in the development of the institution of inheritance and the norms of the current legislation. The following methods were used in the course of the study: the general scientific dialectical method, which implies objectivity and comprehensiveness of the knowledge of the phenomena under study; systemic; normative; logical; comparative legal; historical and legal methods. The significance of the advantage of inheritance by will over inheritance by law, established by the norms of the Civil Code of the Russian Federation, is revealed, taking into account existing points of view regarding the validity of the grounds for inheritance fixed today by the legislation. Particular attention is paid to the importance of the formation of the will in the process of its expression through the making of a will. The author comes to the conclusion that the division of inheritance into legal and testamentary is conditional due to the fact that inheritance by will itself is legal, the validity of establishing the priority of inheritance by will. Given this, the author draws attention to the importance of the conditions for the formation of the will of the testator, the possibilities and consequences of distorting the will in the process of its formation.
{"title":"On the Question of the Grounds for Inheritance","authors":"Aleksandra S. Mikhailova","doi":"10.37399/issn2072-909x.2024.2.70-78","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2024.2.70-78","url":null,"abstract":"The paper discusses the features and conditions for the emergence of the right to inherit by law, by will and inheritance contract, taking into account the history of the formation and development of the institution of inheritance. The purpose of the study is to identify the main distinguishing features of inheritance by will, inheritance contract and by law. The objectives of the study are to analyze the features of the formation and development of inheritance by law, inheritance contract and testament based on the study of historical trends in the development of the institution of inheritance and the norms of the current legislation. The following methods were used in the course of the study: the general scientific dialectical method, which implies objectivity and comprehensiveness of the knowledge of the phenomena under study; systemic; normative; logical; comparative legal; historical and legal methods. The significance of the advantage of inheritance by will over inheritance by law, established by the norms of the Civil Code of the Russian Federation, is revealed, taking into account existing points of view regarding the validity of the grounds for inheritance fixed today by the legislation. Particular attention is paid to the importance of the formation of the will in the process of its expression through the making of a will. The author comes to the conclusion that the division of inheritance into legal and testamentary is conditional due to the fact that inheritance by will itself is legal, the validity of establishing the priority of inheritance by will. Given this, the author draws attention to the importance of the conditions for the formation of the will of the testator, the possibilities and consequences of distorting the will in the process of its formation.","PeriodicalId":513966,"journal":{"name":"Rossijskoe pravosudie","volume":"1 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140501426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-20DOI: 10.37399/issn2072-909x.2024.2.42-48
Roman V. Anan’ev
The article discusses the features of a convertible loan agreement from the perspective of a civil transaction. Its characteristic features as an investment transaction are determined, taking into account the peculiarities of this type of contractual obligations. It is established that the convertible loan agreement is a bilateral, reimbursable, consensual/real, causal transaction, while it has the signs of aleatory, conditionality and fiduciary
{"title":"Signs of a Convertible Loan Agreement as a Transaction","authors":"Roman V. Anan’ev","doi":"10.37399/issn2072-909x.2024.2.42-48","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2024.2.42-48","url":null,"abstract":"The article discusses the features of a convertible loan agreement from the perspective of a civil transaction. Its characteristic features as an investment transaction are determined, taking into account the peculiarities of this type of contractual obligations. It is established that the convertible loan agreement is a bilateral, reimbursable, consensual/real, causal transaction, while it has the signs of aleatory, conditionality and fiduciary","PeriodicalId":513966,"journal":{"name":"Rossijskoe pravosudie","volume":"172 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140501689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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