JUDICIAL POWER
Reference:
Kartsevskaya, O.A. (2025). Composition of judges: problems of definition, classification and legal consolidation. Legal Studies, 2, 1–12. https://doi.org/10.25136/2409-7136.2025.2.73252
Abstract:
The object of this study is a set of legal relations arising in the organization of judicial structures and composition of courts, based on the principles of singleness and collegiality. The subject of this study is the definition of the concept of "composition of judges". The aim of the work is to differentiate the conceptual framework that defines the definitions of "judicial composition", "composition of the court" and "composition of the court" in order to eliminate conflicts of both a doctrinal and legislative nature. The main research methods are analysis and synthesis. In addition, the formal legal method was actively used. Empirical methods related to the study of practice materials were also used. The result of the work is the author's definition of the "composition of judges" and the classification of this legal phenomenon. The scope of the results is the development of public law doctrine and current legislation governing the organization of justice in the Russian Federation. The scientific novelty of the research consists in enriching the conceptual framework that defines the elements of the justice system, as well as in suggesting a possible direction for reforming the current legislation of the Russian Federation governing the organization of justice. The author proposed the concept and the corresponding differentiation of the concepts of "composition of the court", "judicial composition" and "composition of judges" in order to design both doctrinal uniformity and in the legislative definition. The introduction of these definitions into scientific circulation in the future may lead to changes in the relevant procedural codes. This will make it possible to achieve a unified understanding of the meaning of the concepts "composition of the court", "judicial composition" and "composition of judges".
Keywords:
collision, definition, current legislation, the doctrine, justice, composition of judges, judicial composition, composition of the court, comparative legal analysis, unification
Practical law manual
Reference:
Egorov, A.A. (2025). On the importance of determining the moment of the onset of objective bankruptcy in order to bring the controlling debtor to subsidiary responsibility. Legal Studies, 2, 13–25. https://doi.org/10.25136/2409-7136.2025.2.73463
Abstract:
This article examines the issues of determining the moment of objective bankruptcy. The subject of the research is the issues of objective bankruptcy and the ways of considering bankruptcy cases, with the focus on determining the moment of its occurrence. As part of the subject of this article, an end-to-end analysis of regulatory, legal sources and research literature data is carried out. The research focuses on the issues of objective bankruptcy, which is an urgent problem of law enforcement and legal practice. Bankruptcy today is a relevant and significant legal and economic practice. At the same time, the problems of its objective definition and fixation of the moment of onset seem to have been studied only superficially. The study of the subject of this article will allow for a more reasoned statement about the possibilities and prospects for resolving bankruptcy cases. The research methods include formal legal analysis and a comparative legal approach, which allows a comparative perspective to evaluate approaches to the fact of objective bankruptcy, presented both in the initiative of the legislator and in academic discussion. The scientific novelty and relevance of this article may be primarily related to the fact that bankruptcy cases are becoming more frequent, bankruptcy cases are being conducted by courts, and the social necessity of this economic and legal institution. In addition, the scientific novelty of the article is constructed in the field of modern problems of civil law related to the resolution of economic disputes. The key conclusions reached by the author of this article are as follows. Firstly, the importance of determining the moment of the onset of objective bankruptcy is associated with the very content and essence of bankruptcy as an instrument of legal regulation of civil and economic relations. Secondly, it clarifies that this moment, which is located in time space, depending on the occurrence of a real situation of excess of the amount of debt over the actual state of the debtor's assets, can be determined in different directions, but must be taken into account in the process of establishing the fact of bankruptcy.
Keywords:
economical interests, debtor's rights, creditor rights, debtor's assets, economical law, economic insolvency, objective bankruptcy, legal relations, civil law, bankruptcy
Law and order
Reference:
Levchenkova, T.Y. (2025). Problematic aspects of subjective signs of illegal use of means of individualization of goods (works, services). Legal Studies, 2, 26–42. https://doi.org/10.25136/2409-7136.2025.2.71009
Abstract:
Special attention is paid to the issues of qualification of a crime by the subject and the subjective side of the illegal use of means of individualization of goods (works, services). The signs of the subjective side of the illegal use of a trademark, such as guilt in the form of direct intent, are given. The goals and motives of committing a crime under Article 180 of the Criminal Code of the Russian Federation do not affect the qualification of this illegal act. At the same time, they must be taken into account by the court when imposing punishment. The author also examines the subject of the crime. Its mandatory features are given. Special attention is paid to the importance of optional signs of the subjective side of the crime for the correct qualification of the illegal use of a trademark, as well as the possibility of its differentiation from related crimes. The purpose of this study is to identify contradictions and problems in criminal legislation and law enforcement practice related to the definition of subjective signs of the corpus delicti provided for in Article 180 of the Criminal Code of the Russian Federation. The methodological component of scientific research is determined by the basic provisions of the dialectical method of cognition, general scientific and private scientific methods: comparative legal; formal legal; systemic; logical. The analysis of judicial practice made it possible to formulate specific rules for distinguishing between two types of intentional forms of guilt in the commission of illegal use of means of individualization of goods (works, services). As a general rule, these crimes can only be committed with an intentional form of guilt. However, the type of intent is determined on an alternative basis. The key in this case is the attitude of the subject to the damage caused by his crime. The problems of establishing and proving intent to commit a crime under Article 180 of the Criminal Code of the Russian Federation are revealed. Possible directions for the development of prospects in this case are: the introduction of additional signs for the qualification of a crime under Article 180 of the Criminal Code of the Russian Federation; consideration of the issue exclusively in an administrative and legal manner. It is recognized that it is necessary to include in the qualified corpus delicti provided for in Article 180 of the Criminal Code of the Russian Federation such a feature as the commission of an act by a person using his official position.
Keywords:
the composition of the crime, public danger, criminal law, crime, subjective signs, means of individualization, trademark, illegal use, the subjective side of the crime, subject of crime
Договор и обязательства
Reference:
Ahunzyanov, D.F. (2025). Sports rights for players in security transactions: legal aspects and economic prospects. Legal Studies, 2, 43–55. https://doi.org/10.25136/2409-7136.2025.2.73179
Abstract:
The article explores the issues of effective management of sports rights to players as economic assets of a sports club. The main task is to establish the legal possibility and economic attractiveness of applying these rights not only in the context of standard transfer transactions, but also as an object of security transactions, which could help attract additional financial resources and improve the overall economic condition of the clubs. It is noted that despite the absence of legislative restrictions – an open list of ways to ensure the fulfillment of obligations and the principle of freedom of contract, there are some difficulties due to the high volatility and insufficient liquidity of this type of asset. However, the uniqueness of owning an asset such as sports rights, which can generate several indirect cash flows for sports clubs in addition to transfer payments, can significantly offset this disadvantage. The study examines modern approaches to assessing the transfer and market value of sports rights, including the use of machine learning technologies. At the same time, both Russian and foreign scientific developments in this field are analyzed, which underlines the high degree of scientific interest in identifying the cherished formula for pricing sports rights for players. The results of the study are of practical importance for sports clubs, opening up the prospect of optimizing their financial performance through the use of sports rights in security transactions. The scientific novelty of the work lies in an integrated approach to the analysis of the use of sports rights as an economic asset and the development of recommendations for their application in security transactions. Such a multidimensional nature and importance of sports rights in the context of a dynamically developing sports industry requires a comprehensive scientific analysis and elaboration of legal regulation. The author comes to the conclusion that sports rights for players represent a promising economic asset that can become a source of additional financing for sports clubs, provided effective methods of assessment, management and availability of legal regulation are developed. This will allow sports organizations not only to strengthen their financial position, but also to increase their competitiveness, including in the international market.
Keywords:
machine learning, management in sports, sports management, cost estimation methods, security transactions, ensuring the fulfillment of obligations, disposal of sports rights, the cost of sports rights, transfer contract, sports rights
Practical law manual
Reference:
Shishulina, T.P. (2025). Practice of applying disciplinary liability standards against an employee (based on analysis of court decisions). Legal Studies, 2, 56–70. https://doi.org/10.25136/2409-7136.2025.2.71196
Abstract:
The object of the study is the norms of disciplinary responsibility. The subject of the study is the practice of applying the norms of disciplinary responsibility. The article is based on an analysis of law enforcement practice and case law. The study revealed that the legislative framework created to date regulating the application of this type of liability is not without shortcomings, which gives rise to many contradictions and problems in practical activities. The research methodology is based on an analysis of key aspects of the application and legal regulation of disciplinary liability rules to determine the main directions for their improvement. The practical significance of the study is determined by the relevance of the developed proposals for improving the norms of disciplinary responsibility, ensuring the effectiveness of their application. Conclusions: - it is required to expand the list of types of disciplinary sanctions for employees who do not have a special legal status, a disciplinary fine by adding Part 1 of Art. 192 Labor Code of the Russian Federation; - it is necessary to consolidate in the content of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption” provisions establishing the scope of failure by civil servants to provide information on income, property and property-related obligations, allowing it to be assessed as significant when resolving questions about the legality and proportionality of the application disciplinary sanction in the form of dismissal on the grounds established by Art. 59.2 of the Federal Law “On State Civil Service”; - change the content of Part 2 of Art. 59.3 of the Federal Law “On Combating Corruption” by adding it, establishing the need to establish the proportionality of the application of disciplinary sanctions in the form of dismissal with the gravity of corruption offenses committed by public servants.
Keywords:
dismissal, rebuke, comment, disciplinary liability, disciplinary action, disciplinary offense, service discipline, labor discipline, worker, law enforcement practice