No 9 (2023)

The system of domestic education, including legal education, has been in a state of transformation since the early 1990s. Copying the Western structure, returning to the origins of the domestic education system of the younger generation, have not yet formed clear trajectories of further movement among the representatives of the leadership of the educational system of the Russian Federation. In our opinion, in order to understand the processes currently taking place and predict the directions of development of domestic legal education in new conditions, it is important to study the experience of the transformation of legal education during the change of the form of the state in Russia, in the conditions of radical political transformations, the construction of the Soviet legal system.

The presented article highlights the problems of the formation of the training of specialists of the judicial system of the Far East. The authors, using archival material, reveal the process of completing courses, pay attention to the academic disciplines taught, report on the problems of students’ academic performance. The results of the functioning of the course system for judges of the Far East, which operated in the 1920s, are summarized.

The authors come to the conclusion that the systemic disintegration of the structure of social and political life created by October 1917 the prerequisites for the beginning of revolutionary events and marked the transition from one paradigm to another, characterized by a change in the state structure, ideology, political, economic and social relations. The educational space, being a part of public life, is generated on the basis of a set of ideological and state attitudes, therefore it has also been involved in the transformation process. The establishment of Soviet power in the Far Eastern region contributed to the opening of prospects for the development of legal education in the period under study. Despite the Bolsheviks’ rejection of the right of the Russian Empire, a new legal concept was gradually emerging, forming and developing. On its basis, the entire system of legal training of specialists for the Soviet judicial authorities was transformed.

Problem statement. The restoration of the property rights of the parties upon termination of the contract in the absence of equivalence of counter-grants involves the reimbursement of all benefits derived in connection with the use of the property to be returned, which is ensured, inter alia, by the payment of interest per annum. Such percentages may have a different legal nature, which should be taken into account to ensure the fairness of the consequences of termination of the contract and uniformity of judicial and arbitration practice.

Goals and objectives of the study: investigation of the legal nature of interest, the accrual of which is possible upon termination of a synallagmatic paid contract, under which non-equivalent property grants were made; identification of problems with the application of the institute of interest upon termination of the contract on various grounds and the formation of proposals to overcome them.

Research methods: dialectical, analysis, synthesis, formal and legal.

Results, brief conclusions. When determining the period of interest accrual upon termination of the contract, it is necessary to take into account their legal nature (interest-liability or legal interest), the presence or absence of special regulation, as well as the nature of the grounds for termination of the contract (whether there was a violation of the contract by the party receiving the advance or not); the regulatory basis for such differentiation follows from the prohibition enshrined in paragraph 4 of Article 1 of the Civil Code of the Russian Federation to take advantage of one’s illegal or unscrupulous behavior.

The article is devoted to identifying similarities and differences between a preliminary agreement and related legal structures (framework agreement, smart contract, option). For these purposes, the author analyzes the preliminary contract, the framework contract, the smart contract, as a result of which, as well as on the basis of the comparative method and the modeling method, he comes to the conclusion that the structures of the option, the framework contract are duplicated in relation to the preliminary contract, at the same time proving that this shortcoming can be eliminated by reforming the preliminary contract.

The author concludes that a preliminary contract is a generalized concept that includes various legal relations aimed at their organization in the future, necessary to generate certain legal consequences, in particular legal relations associated with the conclusion of the main contract. In this regard, the article formulated a proposal on the possibility of creating a single special contractual structure of a preliminary contract, combining the features of an option and a framework contract.

In addition, the article formulates recommendations on supplementing the current legislation with norms on the possibility of concluding a preliminary contract in blockchain-based systems.

One of the most important tasks facing the judicial system is to achieve uniformity of judicial practice. At the same time, a complex issue of civil procedural law, on which there is currently a need to achieve uniformity of judicial practice, is the correct establishment of the jurisdiction of cases to magistrates, depending on the price of the claim. The article analyzes the problems associated with the establishment of jurisdiction of civil cases to magistrates. The content of the concept of “the price of a claim” is considered in the context of the current norms of civil procedural legislation. Special attention is paid to the study of monetary amounts included and not included in the price of the claim.

The purpose of the study is to establish criteria for including in the price of the claim the claims made by the plaintiff in civil proceedings. In order to achieve this goal, the author has set the task of analyzing and interpreting the norms of current legislation and current law enforcement practice on this issue. The lack of uniformity in the interpretation and application of legal norms by courts on the issue under study is stated. Within the framework of the conducted research, the following criteria were identified for including the plaintiff’s claims in the price of the claim: the property nature of the claim, the impossibility of collecting the specified amount without the plaintiff’s application, the independence of the amount of the specified amount from the price of the claim, as well as the inability to apply with the specified claim in the same case after its resolution on the merits. At the same time, it is proposed to specify in the current legislation the procedure for determining the price of a claim, in connection with which the need to change art. 91 of the Civil Procedure Code of the Russian Federation in terms of supplementing it with a provision providing for the impossibility of including in the price of the claim claims for compensation for moral damage and for the recovery of court costs.

The purpose of the study is to identify the main trends in the humanization of modern Russian criminal justice.

The methodological basis of the research is the universal dialectical method of scientific cognition, which made it possible to study the subject of research in relation to other legal phenomena, as well as general scientific methods of cognition (analysis, synthesis, induction, deduction) and private scientific methods of cognition.

Conclusions. The author comes to the conclusion that the main trends in the humanization of modern Russian criminal justice are the formation of a stable judicial practice of widespread use of preventive measures alternative to detention; the development of compromise and alternative ways of resolving criminal law conflicts that allow to compensate for the damage caused by the crime and avoid stigmatization of the person who committed the crime, as well as ensuring access to justice in conditions of modern digital society.