Vol 8, No 2 (2025)

the article examines the theoretical and practical aspects of the place and role of procedural duties in the mechanism of civil proceedings. The author focuses on the fact that procedural duty is one of the key categories of civil procedure law, ensuring the implementation of the principles of fairness, equality of the parties and legality in the consideration and resolution of disputes in court. The research is based on an analysis of the norms of the Civil Procedure Code of the Russian Federation, judicial practice, as well as the scientific works of leading procedural scientists. The paper reveals the content of procedural duty as a legal phenomenon, defines its types, subject composition and functional purpose. Special attention is paid to the relationship between the procedural duties of participants in legal proceedings and their rights, as well as the consequences of failure to fulfill such duties for ensuring the effectiveness of justice. The author emphasizes that procedural duties play an important role in the structure of civil proceedings, as they are aimed at creating conditions for a comprehensive, complete and objective investigation of the circumstances of the case. At the same time, it is noted that improper performance or evasion of procedural duties can significantly complicate the implementation of the tasks of justice, including the protection of violated or disputed rights, freedoms and legitimate interests of citizens and organizations.

the article is devoted to the doctrinal approach to the essence of traditions, their classification and features. The role of legal tradition as one of the elements of the civilizational and cultural foundations of society and its recognition by the state is revealed. The author argues that in modern society, the creative and educational nature of national traditions is deepening, modernizing, and increasingly being integrated into public life. They are considered to be a reflection of the moral, ethical side of people's lives, their social practices, which do not contradict the generally recognized norms of universal morality.

the article is devoted to the analysis of the formation of natural law theories in antiquity. This approach is due to the fact that at present the concept of natural law, on the one hand, is the most popular among researchers, on the other hand, it has not been sufficiently studied. There are many scientific approaches in modern philosophy of law regarding the origin of natural law concepts. When analyzing this phenomenon, they turn to the Enlightenment, which is a tradition of scientific research in the study of this concept. But it should be noted that in the era of antiquity, the first philosophical theories, considering natural law, filled it with a broader ideological meaning than in the Enlightenment. The concept of natural law, developed by the thinkers of the Enlightenment, was prepared by the philosophy of antiquity, and such as Socrates, Plato, Aristotle, Cicero and many others. The object of the study is the philosophy of law, the subject of the study is the origins of natural law in the philosophical and legal concepts of antiquity.

transactions occupy an important place in the system of civil legislation and law enforcement practice, since they are the main instrument that ensures the regulation of both property and personal non-property relations between various subjects of civil law, including both individuals and legal entities. Transactions can be considered as a specific form of expression of will, which leads to the emergence, change or termination of civil rights and obligations. Transactions are legal facts related to the category of "actions". This means that they are the result of active actions of subjects, it can entail various legal consequences.

the problem of the correct choice of preventive measures by the courts in modern criminal proceedings is very relevant. At the same time, the problems associated with the choice of such a preventive measure as detention, which is the strictest of all provided for by the norms of criminal procedure legislation, become particularly important. Despite the fact that the current legislation contains an exhaustive list of general and special grounds for choosing detention as a preventive measure, the process of proving such necessity takes place formally. As law enforcement practice shows, the authorities of the preliminary investigation base their choice of a preventive measure in the form of detention on unsubstantiated assumptions regarding the possibility of the persecuted person committing one of the actions listed in Article 97 of the Code of Criminal Procedure, and therefore the courts choose this measure in the absence of the necessary grounds. The existing trends undermine the positive attitude of society towards the Russian justice system, the impartiality of which, as well as the right to freedom, is guaranteed by constitutionally declared principles. Hence, the only solution to the problem may be to ensure the adversarial nature of the parties in the judicial process on petitions for the election of preventive measures, since the adversarial nature of the parties to ensure an objective examination of all the circumstances of the committed unlawful act, taking into account the identity of the person accused (suspected) of its commission, must be carried out when assessing all the grounds necessary to make a decision on the election of the strictest all preventive measures provided for by legislative norms, including taking into account the gravity of the committed act. This approach will not only ensure transparency of the decision-making process on the part of the court, but also ensure respect for constitutionally declared human and civil rights, taking into account the balance of public (state) interests and private (individual) interests in criminal proceedings.

prosecutor's supervision is one of the most important functions of the prosecutor's office, aimed at ensuring the rule of law in the state. It includes the systematic activities of prosecutors to identify and suppress violations of the law. The effectiveness of the prosecutor's office in observing the rights of minors is the most important condition for their well-being and full development. The areas of activity of the prosecutor's office in the field of protecting the rights and interests of minor citizens of our country are multi-vector, however, the key ones are assistance to minors and their families who find themselves in a difficult life situation, as well as the protection of property and housing rights of minors. In this article, the author examines the key areas of activity of prosecutors in the above areas. The factual basis of the study is drawn by the author from the materials of the Khabarovsk Territory Prosecutor's Office in 2024. Study of official certificates and decisions on specific cases considered in the Khabarovsk Territory. The author, having studied the regulatory legal acts on the activities of the prosecutor's office in the Russian Federation, scientific research of various scientists, came to the conclusion that the effectiveness of the prosecutor's office in observing the law and protecting the interests of minor citizens depends on interaction with other law enforcement agencies.

in the article, in order to identify the problems of the civil-legal status of personal funds and develop proposals for the modernization of legislative norms of civil law, the legal structures and mechanisms of functioning of these funds are studied. Improving the legal mechanism of action of personal funds is important for the formation of law enforcement practice. Despite the fact that in theory proposals have been developed to reduce the problems of the legal status of funds as non-profit unitary organizations (§ 7 of the Civil Code of the Russian Federation), the conceptual question of the conformity of the form and content of a personal fund remains open. On the one hand, the introduction of personal funds into the legal field of Russia has led to an expansion of the dispositivity of civil law, on the other hand, it has created new problems. To eliminate the identified shortcomings, additions to the regulatory legal acts on personal funds are proposed. It is proposed to narrow the optional norm for managing a personal fund by supplementing the current legislation with norms on the mandatory creation of a board of trustees, a supervisory body, a collegial executive body headed by an executive director who acts under a power of attorney from the sole executive body for the said funds (clause 3 of Article 123.20-7 of the Civil Code of the Russian Federation). Identification of problems in the civil-legal status of personal funds made it possible to formulate proposals for modernizing legislative norms. The proposed changes to the legislation, its development, in the opinion of the author of the article, will open up new opportunities in the activities of personal funds and business protection.

this scientific article attempts to identify the main purpose of concluding a prenuptial agreement, as well as to present a typology of motives that induce spouses to enter into these contractual relations. It is presumed that the main and actually the only purpose of the conclusion of the prenuptial agreement is the desire of its subjects to settle important aspects of their property relations. At the same time, the opinion is consistently presented according to which it is appropriate to subdivide the specific motives for concluding a prenuptial agreement into legal and unlawful ones: the first group of motives is based on any lawful inducements of the subjects of marital legal relations, while the second group of motives is based on some intents contrary to the letter and spirit of the law. The most common, typical unlawful motives for concluding the prenuptial agreement are given and characterized in detail, among which are presented the fraudulent motive of obtaining property benefit in the absence of collusion between the spouses, the fraudulent motive of obtaining property benefit in the presence of collusion between the spouses and the violent motive of obtaining property benefit. It is noted that despite the external diversity of various legal and even more illegal motives that induce future or current spouses to conclude a prenuptial agreement, all of them have a common semantic «core» – obtaining certain property satisfaction.

in this article, the author examines the legal nature of subsidiary liability of KDL provided for by the Bankruptcy Law, analyzes the views of scientists on the source of origin of this type of liability, taking into account changing judicial practice, and draws conclusions based on the analysis. The purpose of this study was historical materials, regulatory legal acts, and the opinion of scientists, which made it possible to identify the main ideas of the institute of subsidiary liability, as well as statistical data, on the basis of which it was concluded that the institute of subsidiary liability at the current stage of development of bankruptcy legislation is dynamically developing and solving legal issues related to compensation for damage in in general, for bringing to bankruptcy. The findings of the study can be applied in practice for a more in-depth understanding of the behavior of the person controlling the debtor on the subject of illegality and guilt, which will allow participants in the proceedings to more fully disclose the presence or absence of grounds for bringing subsidiary liability to the KDL in each specific bankruptcy case.

the article examines the processes of reforming the customs authorities of the Russian Federation in the context of the introduction of modern customs control technologies and the transition to a service administration model. The directions and prospects of reforming the customs authorities of the EAEU countries through the prism of the processes of Eurasian interstate integration are proposed. The authors analyze the current challenges associated with the strengthening of integration processes within the Eurasian Economic Union (EAEU), and consider the need to adapt customs services to new conditions. Special attention is paid to the analysis of strategic documents aimed at changing customs regulations. Attention is focused on the special strategic nature of the development of interstate integration processes in the post-Soviet space for the Russian Federation in terms of ensuring economic priorities, mutually beneficial foreign economic activity, and the public and private interests of the Russian state, society, citizens, and legal entities. The study examines the reasons that influenced the change in the structure of customs authorities, analyzes the organization of the work of the customs authorities of the Russian Federation in the context of building an integration model of customs administration within the EAEU. Special attention is paid to the issues of digitalization of customs procedures, harmonization of legislation, improvement of control efficiency and simplification of trade operations. Recommendations are offered on optimizing the work of customs authorities to strengthen economic security and promote international trade in the region.

the development of the real estate market in Russia is accompanied by an increase in demand for new forms of residential facilities, one of which is apartments. Apartments occupy a special place in the structure of residential and non-residential real estate, as they are located on the border of these two categories. In legal and law enforcement practice, there are a significant number of controversial issues related to the legal regulation of apartments, which makes this topic relevant for both researchers and legislators. This article analyzes the current problems of the legal regulation of apartments in housing relations in Russia, conducts a comparative study with foreign legal systems and develops proposals for improving domestic legislation.

the relevance of the article is determined by the constant development of criminal justice, the desire of the state to humanize punishment. The article analyzes the problems of application of various types of criminal punishments in Russia, with an emphasis on punishments related to imprisonment and restriction of rights, in particular arrest and deprivation of the right to engage in certain activities. Based on general and special legal methods of scientific research, an analysis of the theoretical basis and practice of sentencing in the Russian Federation at the present stage is carried out. The article examines the problems of implementing arrest as a punishment measure associated with the lack of the necessary infrastructure for its execution, and also suggests solutions, including reducing the term of arrest and using existing facilities for its detention. It also examines the feasibility of using punishment in the form of deprivation of the right to engage in certain activities for minors. The author argues that, despite the rarity of its use, this punishment should be preserved and reformed, with clarification of the terms and conditions of its application. As a result, amendments to the criminal legislation are proposed aimed at improving law enforcement practice and increasing the effectiveness of punishments.