No 8 (2023)

The category of legal relations in the domestic legal science is mainly considered in the spirit of the normative theory of law: the public attitude is subjected to the regularizing influence of the norms of law and turns into a legal relationship, the subjects of which are bound by subjective rights and legal obligations. However, in many cases, this scheme does not explain the specifics of the relationship that develops between the subjects, which is formed and actually exists, receiving a judicial assessment afterwards.

The purpose of the study is to develop scientifically based knowledge about the formation, content and functioning of actual legal relations and the specific role of individual judicial regulation in this. The objectives of the study are to identify the features of actual legal relations, to determine the role of individual judicial regulation in their fixation, to study legal situations in which the formation of actual legal relations takes place.

The work as a whole is based on the methodology of a scientifically based integrative understanding of law. The authors used methods of a general scientific nature (methods of formal logic, systemic, functional, historical methods) and private scientific methods of jurisprudence (formal legal, methods of interpretation of law).

The law, represented by the norms and principles contained in the multilevel system of forms of national and international law, does not just recognize certain social relations as legal, it regulates legal relations. In a number of cases, at the time of the emergence of a legal relationship, there is no proper certainty in the very fact of its existence. For example, this is possible in case of overcoming gaps in legal contracts and acts, in case of “abuse of law”. The authors also highlight situations with the realization of legal interests, overcoming legal conflicts. Such legal relations are factual. The legal assessment of the legal relationship is given in the decisions of the law enforcement bodies, among which judicial acts play a central and decisive role.

In the above cases, within the limits of individual judicial regulation, the fact of the existence of an actual legal relationship is revealed, as well as the scope of the rights and obligations of specific subjects in appropriate situations is determined.

The paper examines the need to highlight at the legislative level an independent institution of the contract in financial law. Purpose and objectives of the study: to determine how relevant for the public branches of law at the present stage of development of domestic legislation is the formation of an independent institution of contractual relations, taking into account the convergence of public and private principles. Based on a formal legal analysis of the available scientific papers on the topic of the study, a conclusion is made about the importance of introducing the legal term “financial public contract” into legal circulation. Through comparison, the author comes to the conclusion that there is a dual understanding of the contract in financial law: on the one hand, as a formalized source of law, on the other, as an individual law enforcement agreement. At the same time, the latest interpretation of the financial public contract meets modern demands in the field of achieving government objectives by attracting the private sector both as a performer and an investor. The author’s understanding of the financial public contract is formulated. Improving the legal framework is possible only on the basis of sufficient doctrinal research on this issue, taking into account the opinion of law enforcers. It is necessary to continue to form a scientific and applied justification for the independent legal regulation of contracts in the public branches of Russian law, including financial law.

In historical retrospect, the article examines some aspects of the regulation of the payment of value added tax by entities recognized as bankrupt, taking into account the practice of the highest judicial authorities, as well as in terms of the reaction of the legislator to these legal problems. Conclusions are drawn that the studied issues allow us to see the competition of opposing values expressed, on the one hand, in national legal acts on taxes; and, on the other hand, in national legal acts on bankruptcy. The legislator as a result from January 1, 2021 chose the path of complete exclusion of value-added tax on any assets sold by a bankrupt.

The article is devoted to research of the time of the opening of inheritance, one of the legal facts related to the opening of inheritance. The purpose of the article is the systematization of topical doctrinal studies, their comparison with the relevant Russian judicial practice and formulation of author»s scientific position. In the study, the authors used general scientific, private-scientific and special-legal scientific methods such as dialectics, analysis, synthesis, deduction, analogy, systemic and formal-legal methods.

The authors examined the changes to the Civil Code of the Russian Federation on the time of opening the inheritance, its significance for heirs and other persons; considered the problems of enforcement of these rules and the ways of their solution are proposed. As a result, based on the analysis the authors proposed ways to solve the identified problems by making changes to the Civil Code of the Russian Federation and the Tax Code of the Russian Federation. In particular, for the protection of the interests of heirs and third parties’ authors suggested to supplement the inheritance law with the rule governing the definition of the moment of death (calendar date, as well as hours, minutes and seconds). Special attention is paid to the theoretical and practical problem of simultaneous death of persons who died in different time zones. The expediency of establishing a single account of the time during determining the time of death of such persons to address the issue of uniform simultaneous death.

The author considers the problems of legal regulation of public relations in the field of eviction of citizens under a social contract of employment and the discrepancy between law enforcement and judicial practices justifies the need for improving legislation in general.

The purpose of the study is to identify legal problems in the modern legal system that regulates the eviction of citizens from residential premises under a social contract of employment. This goal predetermined the following tasks: it is necessary to consider the legal nature of the eviction of citizens from residential premises under a social contract of employment in modern housing law; to analyze the current legislation of the Russian Federation in the field of eviction of citizens from residential premises under a social contract of employment, including the grounds and procedure for such eviction; study the jurisprudence on the topic under consideration.

Methods. The methodological basis of the research is the methods of cognition of legal phenomena and processes. Depending on the tasks to be solved, in this study, such methods of cognition of the subject as formal legal, comparative legal, and system analysis have been used.

Conclusions. As a result of the study, the author identified problems in terms of providing another comfortable living quarters within the boundaries of the settlement where the living quarters were previously located, this problem is evidenced by the existing and ambiguous practice of the courts; problematic is the issue of the equivalence of residential premises provided under a social tenancy agreement: questions remain open about the number of rooms in the new residential premises, the equivalence of the total area of the previously occupied residential premises, the increase in the area of the new comfortable residential premises compared to the previous one. The author sees it logical to introduce a number of changes to the existing norm contained in Article 89 of the Housing Code of the Russian Federation (hereinafter referred to as the HC RF), which would lead to a correct interpretation of the norms of housing legislation by the courts.

The article analyzes the problems of justice of modern criminal justice. Various interpretations of the category “justice” are considered. The conclusion is formulated about the need to form a new methodological concept that develops algorithms for analyzing judicial activity in the field of criminal proceedings from the standpoint of criminology based on an integrative approach. Situational analysis of judicial evidence will allow to form effective methodological and tactical recommendations that contribute to improving the quality of epistemological research by a judge of the actual circumstances of a criminal event, increasing the level of public confidence in the judicial system, assessing justice as fair.

The article also reflects the author’s vision of the impact of the informatization process on judicial activity. The thesis has been formed that online justice is a utopia, virtual technologies hinder the knowledge of objective truth, reduce the degree of justice.