Vol 7, No 1 (2023)

The present research is devoted to the study of law principles perception in different legal understanding concepts. The purpose of work is to analyze the concept and place of law principles in the legal system within the framework of various types of legal understanding, and the tasks of work are the law principles perception in the natural law concept by R. Dworkin, the libertarian theory of law by V.S. Nersesyants, positivist and integrative legal understanding. It is substantiated that the law principles concept, the allocation of their types and the definition of their role in the legal system is largely due to the type of legal understanding, which the scientist is a supporter of. Emphasis is placed on the axiological component of the studied approaches in relation to the law principles. It is proved that the natural-legal, liberal, positivist and integrative types of legal understanding allow focusing on the aspects of legal reality associated with various kinds of ideas in the field of law. It is concluded that in terms of law enforcement, the positivist approach is of the greatest importance, since it allows the subjects of law not only to understand the main ideas embodied in the legislation, but also orients them towards the practical implementation of normatively defined law principles. Natural-legal, liberal and, to some extent, integrative approaches have theoretical and methodological value – they do not directly matter for the regulation of social relations, but form the legislator's idea of the value of certain ideas, the possibility of their consolidation in the texts of normative legal acts and hence their further practical implementation.

The philosophical and legal analysis of the category “legal reality” is presented in relation to the problems of the correlation of this legal phenomenon with the category “social reality”. The author declares and proposes to study the special relationship between the concepts of “social reality” and “legal reality” outside the framework of the general theory of law. Taking into account the connection of these concepts, it seems that “legal reality” as a philosophical and legal category is closest to interpretation as a “layer”/a “slice” or, in essence, a separate manifestation of “social reality”. Special attention is paid to the formulation of the problem of different understanding of social phenomena in relation to legal and social reality, the issues of possible interpretation of the facts of social life in absolutely different ways in “legal reality” and “social reality”. Differences, on the other hand, do not act as contradictions, but represent, to a certain extent, a variety of forms of social life. If there are points of contact, there is room for interpretation of various manifestations of “legal reality”. As examples of the contact between “social reality” and “legal reality”, the author refers to the social and legal aspects of such a legal category as “thing”, as well as the importance of language for the formation of “legal reality”.

A lively interest in the topic of the real state of affairs in the field of healthcare, regarding the determination of the level of cancer incidence in Russia, the search and development of fundamental and progressive approaches to the tactics of treating cancer patients, the quality of palliative care, and even during a situation associated with a high level incidence of COVID-19 and acute respiratory viral infections, can hardly be questioned in terms of substantiating its relevance. The subject of the study is the modern system of providing medical care to cancer patients, from the point of view of legal regulation and medical practice, existing and predicted “pros” and “cons”. Tasks: to prove the relevance of the problem in the quantitative and statistical aspect, to reveal common and special characteristic elements (“traits”), to identify risks, legal bases and their assessment, the most successful legal solutions in the appropriate direction, as well as to draw practice-oriented conclusions, and, first of all, related to the adoption of a new departmental order for the provision of medical care in Russia in the field of “oncology” from January 2022. In a methodological way, the empirical method of analysis, the method of synthesizing “legal matters” that define and provide a system of care for cancer patients in modern conditions of countering coronavirus infection, is quite actively used. The results obtained will be interesting for studying and taking into account in the environments of medical and legal communities interested in similar or related topics in rethinking, contrasting, developing scientific and medical legal, special, expert and other views and hypotheses.

The formulation of the problem is due to the priority of the state’s tasks in the field of fire safety and the need in this regard for the development of legal regulation of fire insurance, which in turn focuses on the development of regulatory legal acts regulating public relations in the field of fire insurance. Law-making activity is inextricably linked with the application of legal and technical rules, with the development of precise terms. There are some problems of terminological uncertainty in the legal regulation of fire insurance. The purpose of work is to analyze the legal and technical characteristics of the term “fire insurance” used in legal acts, to determine the degree of its compliance with the requirements of terminological accuracy. The research is aimed at solving problems related to terminological uncertainty in the legal regulation of fire insurance. The subject of the study includes regulatory legal acts, court decisions, insurance rules, scientific texts using terms related to fire insurance in their content. The methodological basis is made up of general scientific methods. The method of dialectics, system-structural, formal-legal, comparative and other methods are used. The general theoretical views on concepts, terms, definitions are investigated. The lexical properties of the accuracy of the term “fire insurance” are considered. The discrepancy between the semantic content of the term “fire insurance” and its purpose has been revealed. The use of the term “fire insurance” is proposed and an attempt is made to define the concept corresponding to this term by the author. The conclusion is made about the possibility of using the term “fire insurance” in legal texts.

The work is devoted to the study of subjective component of participants in tort relations in cases where the psycho-emotional state of an individual is negatively affected. The procedure and conditions for compensation for moral damage, the concept of nervous shock and the conditions for compensation for damage, if any, are analyzed. The comparative legal method and the formal logical method are used Based on the results of this study, the main conditions for compensation for moral damage and nervous shock are determined, and the subjective factor is determined, which plays a key role in bringing the tortfeasor to justice. A retrospective analysis of the formation of psychological trauma legal understanding as an independent legal category and the conditions for compensation for damage in the event of its occurrence is carried out. Such theories of compensation for damage as the “impact theory”, the theory of primary and secondary victims, the thin skull rule, which played a predominant role at various stages of the development of tort law, are considered. The scientific novelty of the work lies in the determination of the main conditions for compensation for moral damage and the influence on the conditions of compensation of individual elements of the subjective factor.

The purpose of the study is to consider controversial positions existing in the law enforcement practice of the Supreme Court of the Russian Federation and related to registration actions for the transfer of ownership of vend in the Federal Service of State Registration, Cadastre and Cartography. Research objectives: to determine the necessity of state registration of the transfer of ownership, to identify the main ways to protect the rights of a bona fide acquirer of vend, to study the features of the division of real estate of spouses. General scientific methods (dialectical, logical, systematic), private scientific methods (historical, statistical, sociological), as well as special legal (comparative legal, formal legal) were used. The actual circumstances taken into account by the courts in disputes over the rights to real estate are indicated. It is noted that in the current legislation there are no clear criteria for classifying property vend. The ways of protecting the right of a bona fide buyer are considered, including confirmation of the actual transfer of the apartment under the contract of sale and obtaining the consent of the second spouse when concluding a preliminary contract of sale on the seller’s side. Such subjects of legal relations as spouses have been studied, since when dividing the joint acquired property, the question of determining the share in the ownership of vend is most acute. It is noted that the fact of registration is not always an unconditional basis for the emergence of ownership of vend.

We analyze the issues of legal regulation of jurisdiction of disputes types to arbitration in the BRICS states (Brazil, Russia, India, China, South Africa). Evidently, an importance of the BRICS countries in modern international economy is objectively obvious, since they are major economic and political actors on the world stage. The Russian Federation plays an important role in this association. The institution of commercial arbitration or arbitration dispute proceedings is a historically recognized and effective way to resolve conflicts and protect the rights and interests of economic entities. The experience of the BRICS countries in regulating this institution seems interesting for research. A detailed and objective comparative analysis of the BRICS states legislation regulating arbitration sphere is carried out. The types of arbitrable and non-arbitrable disputes are identified. The main problems in the legal regulation of this area are identified, the main of which is a lack of clear and specific indications of disputes types that are subject to and not subject to arbitration. We suggest ways and means of solving the above problematic issues.

We consider a number of problematic issues related to the conduct of forensic analysis during the investigation at the initial stage of the use of slave labor. We present some problematic situations that arise in the course of the investigator’s analytical activity in the category of criminal cases under consideration, including situations related to establishing the compliance of a criminal act with the requirements of the disposition of Article 127² of the Criminal Code of the Russian Federation. The evidentiary series of factual data is given, testifying to the exercise of the powers of the owner in relation to an individual. Also, attention is focused on the fact that the forensic analysis of the category of criminal cases under consideration should take into account the totality of the evidence available in the case, taking into account, among other things, the stage of preparation for the commission of a crime.It is concluded that at the initial stage of the investigation, the investigator should, in the course of forensic analysis, evaluate the entire range of factual data at his disposal, on the basis of which the main directions for putting forward versions and planning the entire course of the investigation will be based. It is also noted that a systematic approach to conducting forensic analysis will allow, in the optimal time frame, to carry out all the necessary investigative actions and operational-search measures aimed at uncovering and investigating such a complex criminal act as the use of slave labor.

The work is devoted to the analysis of the conceptual zero project of the pandemic agreement presented at the second meeting of the Intergovernmental negotiating function of the World Health Organization in December 2021. The purpose of the study is to determine the ratio of national and supranational elements in the regulation of global impact and global decision-making within the framework of the world health architecture being created. The methodological basis of the study is such principles of scientific cognition as objectivity, comprehensiveness, consistency, complexity. The work uses such methods as formal-legal (contributed to a comprehensive analysis of the conceptual zero project, the structure and content of the proposed mechanism of legal impact), structural analysis and synthesis (used to detect contradictions and cause-effect relationships), comparative-legal (contributed to the identification of negative trends of the World Health Organization pandemic agreement project being developed in relation to sovereignty and security of the Russian Federation), scientific and prognostic (provided an opportunity to assess the admissibility of the implementation of the project norms in Russian legislation). Conclusions are drawn that the draft of the World Health Organization “pandemic agreement” under consideration contradicts the sovereignty and security of the Russian Federation. The fundamental principles and conditions limit the sovereign right of the participating states to protect national security and the rights of citizens. The draft of the conceptual zero project of the World Health Organization pandemic agreement allows for its adoption without the express consent of the member states, including the Russian Federation, provided for by the constitutional procedure, on the basis of notification in a simple notification procedure.

The main stages of the life path of Doctor of Law, Candidate of Historical Sciences, Professor Valery Grigoryevich Baev are highlighted. His contribution to the development of education in the Tambov region was noted both in the course of scientific, pedagogical activities, and as a result of administrative work in state and local government bodies. Attention is paid to the applied V.G. Baev pedagogical methods based on the interactive format of the relationship between the teacher and the student, the involvement in the educational process of the most prominent representatives of practical jurisprudence, as well as Russian and foreign scientists, the use of works of fiction and cinematographic art to discuss ethical issues of professional activity of a lawyer. In particular, it was noted that practical classes became a platform for scientific discussions, as well as discussions of ethical problems of the legal profession, when each student in the group was a participant in them, and the axiological approach to the study of law formed an awareness of its unconditional authority and significance, which happened through acquaintance with the world masterpieces of domestic and foreign literature and cinematography, helped education of a comprehensively developed personality. The scientific works of the scientist devoted to the peculiarities of German constitutionalism of the second half of the 19th – first half of the 20th century are analyzed.