No 3 (2024)

The article deals with certain legal issues related to the use of budgetary funds provided in the form of subsidies as state support for individuals, individual entrepreneurs, legal entities.

The article analyzes the judicial practice and legal positions of the highest judicial instances, which are formed in the resolution of disputes arising with the use of budgetary funds provided in the form of subsidies. The legal features of subsidies are disclosed.

The article shows that despite the steady growth in demand for daily rental of residential premises, the use of apartments for designated purposes raises many questions in society, legal doctrine and judicial practice, among which is the issue of the ratio of short-term rentals and the provision of hotel services, as well as the need to ensure a balance of interests between owners of residential premises leased daily hiring, and persons permanently residing in an apartment building (neighbors) and thus implement the principle of solidarity, and protection of the right to housing at the same time as the economic efficiency of the use of living space.

The authors proceed from the fact that at the moment the relations developing in connection with the daily rental of residential premises do not have a clear legal regulation, which entails the need in each specific situation to raise the question of the legal qualification of the concluded contract, and often requires judicial interpretation.

Analyzing judicial practice, the draft law with the proposed amendments, as well as the doctrine, the authors conclude that when qualifying a contract mediating the transfer of an apartment for daily rent, the differentiation should primarily occur based on the intention to create a sufficiently stable connection with the place of residence. Some ways are proposed to ensure a balance between the interests of the owners of apartments for rent, on the one hand, and neighbors, on the other hand. In conclusion, it is summed up that this problem requires a thoughtful and adequate response from the legislator, and the hope is expressed that in the new law and the judicial practice that develops on its basis, it will be possible to ensure a balance of interests and implement the principle of solidarity.

The article is devoted to the study of certain provisions of the Federal Law № 430-FZ “On Amendments to Part One of the Civil Code of the Russian Federation” which is expected to come into force on September 1, 2022. Disputes about the types, order of formation and acquisition of the right of ownership of immovable property are among the most common in judicial practice. In addition, the process of improving the legislation on immovable property cannot be effective without a deep scientific understanding of the problems of the relevant legal institute. As a consequence, the study of new legislation and law enforcement practice in the field of real estate turnover is relevant and timely. The purpose of this work is to analyze the new provisions of the Civil Code of the Russian Federation on the legal regime of real estate.

The study is based on general scientific methods: logical, analysis, synthesis, which made it possible to structure the material, to reveal relationships in the study of individual real estate objects. Also, private scientific methods were used in the work: formal-legal, comparative-legal, method of interpretation of legal norms.

The author notes the positive nature of innovations in the field of legal regulation of such real estate objects as a land plot, a parking place, an object of construction in progress, a single real estate complex. At the same time, problematic issues that have not found legislative resolution in the new chapter 6.1 of the Civil Code of the Russian Federation “Real Estate” are identified in the work, ways to solve them are proposed.

This study is devoted to the specifics of foreclosure on a share in the ownership of real estate in situations where the creditor is simultaneously a co-owner of a share in the right to this property, and accordingly has a preferential right to purchase the debtor's share. Some issues still remain unresolved at the legislative level, which causes difficulties in considering cases of this category.

In judicial practice, there is no unified approach to the methodology for determining the market value of the share in the ownership right to which foreclosure is taking place. It is unclear how the plaintiff's demands for foreclosure on the debtor's share should sound with recognition of ownership of the share for the recoverer in terms of payment of funds by the plaintiff to the defendant. The authors propose to change the procedure for foreclosing on a share in the ownership of a real estate object if the co-owner and the recoverer coincide in one person: foreclosure will be carried out through bidding, after determining the winner, co-owners will be offered to purchase a share at a price determined as a result of bidding. This procedure will allow you to determine the actual market value of the share for which foreclosure is taking place, while respecting the pre-emptive right of purchase.

The quality of judicial decisions is one of the main factors according to which the fairness of justice, the activities of the judiciary, as well as the law enforcement system as a whole, and the ability of the state to effectively protect individual rights and freedoms are assessed. The quality of court decisions significantly affects the assessment of the judicial system by society, is an important condition for trust in the court.

The purpose of the article is to identify criteria for assessing the quality of decisions made by the court.

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, analogy, modeling) and private scientific methods of cognition (formally legal, historical-legal, comparative-legal, concrete-sociological.

Conclusions. The quality of judicial decisions in criminal proceedings directly depends on compliance with the requirements imposed on them. Such requirements include legality, reasonableness and fairness. Enforceability, completeness, reliability, consistency, persuasiveness, certainty, unconditionality, transparency, clarity and comprehensibility, correctness are also often considered as criteria for the quality of court decisions. The criteria for the quality of judicial decisions can be contained not only in the norms of the law that define the basic requirements for them – legality, validity, motivation, fairness – but also be in other sources, or even be actually outside the framework of legal regulation (completeness, reliability, consistency, correctness). Evaluation of the quality of solutions should also be carried out in terms of these criteria.

The article is devoted to the analysis of the essence of international law, the nature of its sources and the role of courts in the formation of its norms. This process is demonstrated by the example of the practice of the Court of the Eurasian Economic Community and the Court of the Eurasian Economic Union as a judicial body of an integration organization. The author summarizes the work of the Court over the first 12 years of its functioning, lists achievements and unresolved issues.

The author concludes that the main source of international law is custom – repeated rules of behavior in similar situations, recognized as mandatory. In repeated judicial positions, a uniform judicial practice is formed – judicial custom, which serves as an instrument for the formation of international law: the court creates a legal position, which over time may become a rule of law. In the practice of the Court of the EAEU, generally recognized (general) principles of law turned out to be the most relevant source of law.

The judgments and advisory opinions delivered by the Court of the EAEU have a direct impact on the economy and social relations of all member states of the Union in areas within the competence of the integration organization. Currently, the most important aspects of the Court’s activities that require reform are the procedure for selecting and appointing judges, the rules for selecting the President of the Court, as well as provisions related to the execution of judgments of the Court.