HERALD OF TVER STATE UNIVERSITY. SERIES: LAW

On the rights of the spouse and the creditor in the initiation of bankruptcy proceedings

Maria IVANOVA — 2025-11-01

The author considers the issue of the form of a refund claim under an indefinite loan agreement and the associated beginning of the limitation period. The object of the research is the noms of the Civil Code of the Russian Federation on the loan agreement, the form of transactions and the statute of limitations. The purpose of the work is to substantiate the need to use a written application form for the repayment of funds under an indefinite loan agreement. Using general logical methods of theoretical analysis, system analysis, formal legal method and interpretation, the legal nature of the demand for funds under an indefinite loan agreement, as well as approaches to the form of such a demand, are investigated. It is concluded that it is necessary to record the expression of will for the repayment of funds under indefinite loan agreements on any material media in order to exclude abuse of the right, an example from judicial practice is given.

Powers of local self-government bodies in the field of culture

Valeria OCHAGOVA — 2025-11-01

The article is devoted to the legal regulation and implementation of the powers of local governments in the field of cultural relations. The current legislation regarding the powers of local governments in the field of culture is analyzed, including in the context of existing legislative changes. The existing experience of several municipalities on the issue of the powers entrusted to them is investigated. The priority tasks of the municipal cultural management bodies are considered.

On strengthening the foundation (basic principles) of the family law

Nadezhda TARUSINA — 2025-11-01

In connection with the anniversary of the Family Code of the Russian Federation, constitutional amendments that orient the legislator and law enforcement officer to the compliance of both the general principles of this federal law and its specific prescriptions with family values, as well as the rules of modern legislative technology, the tasks of its necessary adjustment are being updated in doctrine and legislative work – defining key concepts (primarily – family, family member, marriage, and others), fixing the forms and methods of protecting subjective family rights and interests other than those stated in civil law, constructions of family capacity (which do not coincide in age criteria and content with their civil counterpart) and the child's responsibilities to parents (persons acting in their place).

Requirements for municipal legal acts in modern conditions

Nana ANTONOVA — 2025-11-01

Local self-government bodies are recognized by the Constitution of the Russian Federation as an element of a unified system of public authority. The exercise of public authority by these bodies provides for their ability to develop and adopt municipal legal acts, which, like any legal acts, must comply with certain requirements that are imposed on them. However, municipal legal acts have a number of special features that cannot be ignored when developing and adopting such acts. The issue of requirements for municipal acts is of particular importance in the context of changing legislation on local self-government. The requirements for the procedure for the publication of municipal legal acts have been changed. In addition, the draft law «On general principles of the organization of local self-government» is under discussion in the State Duma of the Russian Federation, in this regard, there is also a need to analyze the requirements for municipal legal acts.

To the question of the validity of the concept of posthumous creative existence from the position of constitutional semantics of law

Alexey VORONIN — 2025-11-01

The article examines the problem of constitutional and semantic identification of posthumous creative existence in the last place of a reliable legal concept of the operation. Based on the use of constitutional resources of the methodology of law, technology, immanent properties of the identified phenomenon, provide its formal (external) connections in the narrative of fundamental human rights. Contrary to previous ideas about the admissibility of using the category of «creative life after physical death», the author comes to the conclusion about the need to adjust the conceptual apparatus by introducing the category of «posthumous creative existence» into scientific circulation.

Restoration of social justice as the goal of punishment and the right of convicts to judicial protection: balance or dissonance?

Julia DRONOVA — 2025-11-01

The article is devoted to the issues of correlation between the purposes of punishment and judicial protection of persons in places of deprivation of liberty. Attention is drawn to the dynamics of the purposes of punishment and improvement of legal regulation of issues of judicial protection of persons serving a sentence of imprisonment in terms of the conditions of serving a sentence in correctional institutions. The historical and comparative aspects of goal-setting and conditions of serving a sentence are briefly characterized. The main problem of the study is related to the need to understand the restoration of social justice as the purpose of punishment. Studies of the criminal-legal nature of social justice are not enough to understand this most important category as the purpose of criminal punishment. The right to judicial protection belongs to everyone and in order to ensure it to persons in places of deprivation of liberty, the Code of Administrative Procedure of the Russian Federation was supplemented by a special norm that determined the procedure for applying to the court to challenge illegal actions and collect compensation. Numerous practices show that persons serving a sentence, including life imprisonment, constantly find reasons to go to court. A significant portion of such cases go through all judicial instances up to the Supreme Court of the Russian Federation, and often complaints against the norms of the Code of Administrative Procedure of the Russian Federation are also sent to the Constitutional Court of the Russian Federation. The ability to seek judicial protection is the most important achievement of civilization; a return to the old days is unacceptable, but there must also be reasonable limits that limit the possibility of abuse of the right to judicial protection.

Abuse of rights and the inevitable contradictions of positivist discourse

Vladimir KRUSS — 2025-11-01

The article substantiates the fundamental failure of attempts by domestic legal scholars to reveal the nature of the phenomenon of abuse of law and to develop convincing recommendations for countering the growing expansion of such acts in the Russian legal system. From the standpoint of constitutional legal understanding, the reason for what is happening is the fundamental unwillingness of the authors to abandon the dogmatics of neopositivist legal understanding, coupled with the methodology of classical rationality, which determine the internal contradictions of the corresponding scientific judgments and conclusions. The consequences of legal formalism also turn out to be mutually exclusive and equally untenable arguments on issues of the relationship between abuses of law and offenses, countermeasures and legal liability, as well as the optimization of the algorithm of the necessary legal response to abuses of law. The focus of the critical analysis is on representatives of Russian procedural law science.

Knowingly false denunciation: controversial issues of the subject and the subjective side

Eugene MELNIKOV — 2025-11-01

There are a number of controversial issues in the doctrine regarding the subject of a knowingly false denunciation. In particular, various points of view are expressed as to whether a person with the criminal procedural status of an accused (suspect) can be the subject of a knowingly false denunciation. The author concludes that such persons may in certain cases be the subject of the crime in question. The article discusses the issues of possible qualification of the actions of a person who commits a knowingly false denunciation in self-defense. It is shown that the qualification of such a person's actions can be influenced by his criminal procedural status, as well as the nature of a deliberately false denunciation. Suggestions are given on how to qualify the actions of persons who have joined together to commit a crime under Article 306 of the Criminal Code of the Russian Federation, who assign roles to each other, but only some of them or one person file a crime report. The author concludes that under certain circumstances, these individuals can be considered as co-executors.

On the issue of establishing a state legal bureau in the region and its place in the system of free legal aid

Svetlana ALESHUKINA — 2025-11-01

The article covers the genesis of the formation and development of state legal bureaus in various regions, their advantages in matters of providing free legal aid in comparison with other participants. In confirmation of the importance and necessity of functioning of state legal bureaus in each region, statistics of the Ministry of Justice of Russia for 2024 are given. The research methods are formal logic, comparison and systems approach.

The right to an insurance pension in relation to the realization of labor rights of citizens

Alexandra AFTAKHOVA — 2025-11-01

The article is devoted to the analysis of the relationship between labor and social rights of citizens in the field of pension provision. The author studies the procedure and conditions for assigning an old-age insurance pension, stipulated by the current legislation, analyzing the problems of their application in connection with the proper fulfillment by the employer of his obligations to pay insurance premiums for compulsory pension insurance. The features of modern employment of the population in connection with the formation of pension rights of citizens are noted. A special emphasis is placed on the need to develop pension literacy of the population.

On the issue of socio-demographic determinants of crime among women with underage children

Ekaterina BARANOVA — 2025-11-01

The article is based on the socio-demographic characteristics of convicted women, in particular, those with minor children, and those serving criminal sentences in the form of imprisonment. The analysis of changes in their age indicators and educational level from 1999 to the present has been carried out. The peculiarities of women's labor activity before the conviction, as well as their marital status, were studied.

Socio-economic determinants of professional crime in Russia in modern conditions of development of society and the state

Kristina ZARUBINA — 2025-11-01

This article discusses some issues of determining professional crime in modern Russia. It has been established that, due to the special selfish orientation of this type of criminal activity, the determinants of the growth of criminal professionalism existing in the socio-economic sphere play a significant role. The purpose of this study is to identify the key socio-economic determinants of professional crime in the modern Russian state and analyze them. To achieve this goal, the research used methods of synthesis, analysis, generalization, systematization, as well as statistical, formal and legal methods. The study found that in the modern system of development of capitalist society in Russia with its active promotion of the cult of consumption and the establishment of high standards of human material life, the socio-economic determinants of the growth of criminal professionalism occupy an important place in the hierarchy of causes, factors and conditions for the growth of professional crime. The following determinants characteristic of this type of crime, found in the socio-economic sphere of modern Russian society, are identified: low material standard of living for individual groups of the population; polarization of the population by income level; high profitability of individual criminal trades, «covering» various costs and risks from committing crimes.

Current aspects of interaction between security units with operational and security services in the penal system

Anton ORLOV — 2025-11-01

Prevention and suppression of crimes and offenses by convicts and persons in custody, ensuring their reliable isolation from society, preventing the entry of prohibited items into the territory of institutions - this is far from an exhaustive list of tasks assigned to security units and operational and security services of the territorial bodies of the Federal Penitentiary Service of Russia. Without the interaction of the above services, normal organization of official activities of the penal system is impossible, however, the existing features of communication between them have their own aspects, which will be discussed in this article. The purpose of writing a scientific article is to determine the aspects of interaction between security units with operational and security services in the penal system, as well as to find ways to improve them. The methodological basis of this study is a set of methods of scientific knowledge, among which the main place is occupied by empirical and system-structural methods.

Features of juvenile delinquency development and ways to prevent it using new technologies

Elena YAKOVLEVA — 2025-11-01

The current issues of juvenile delinquency development in Russia are considered. The specifics of its manifestation are determined, taking into account the development of modern technologies, as well as unfavorable results for Russian society in the context of ensuring national security. The official statistical data on the quantitative and qualitative indicators of juvenile delinquency have been studied, which made it possible to determine certain forecast values in its further development. The necessity of improving the current juvenile delinquency prevention system through the use of the latest technologies using artificial intelligence methods is substantiated.

Imperial Orthodox Palestinian Society: development of the regulatory framework, organizational and legal form and regional organizational structure (late 19th - early 21st centuries)

Sergey SMIRNOV — 2025-11-01

The purpose of the study is to consider the key characteristics of the regulatory and legal regulation of the activities of the Imperial Orthodox Palestinian Society at different historical stages of the country's development, the change in the organizational and legal forms of this Society, and the change in the structures of Society in the regions of the country. The present study was carried out within the framework of historical and juridical science. The methodology of the work consists of dialectical, historical, formal-legal, comparative-legal and statistical methods applied on the basis of the civilizational approach. The main stages of the development of the organizational and law form and the regional structure of the Society are characterized.

Patriotic education and education of a sense of citizenship in the formation of competencies of a future lawyer

Elena RYAZANOVA — 2025-11-01

The article pays attention to the formation of citizenship and patriotism in 1st year students studying in the direction of training "Jurisprudence" in practical classes on the discipline "Constitutional Law". The object of the study is the forms of practical activity, didactic and educational nature, aimed at the formation of citizenship and patriotism. The subject of the study is constitutional values and principles, legal norms of federal state educational standards. The purpose of the study is the relationship of the constitutional principles of education and upbringing with federal educational standards and the search for optimal educational forms of practical classes in the discipline "Constitutional Law" for the formation of citizenship and patriotism.

Deprivation of parental rights as a basis for the transfer of parental rights and responsibilities to the state

Ruslan BELYAEV — 2025-11-01

The article reveals the concept of deprivation of parental rights as an extreme measure used to protect the interests of a child in situations where his safety, health and full development cannot be ensured in his native family. This indicates the need for state intervention in family relations in the presence of serious violations or the inability of parents to fulfill their duties. It is noted that deprivation of parental rights, as a measure of state coercion, is possible only under the condition that the state takes on parental rights and responsibilities, thereby ensuring the rights and legitimate interests of children.

Basic models of the legal status of a judge's assistant: a comparative legal study

Maxim PRIIMAK — 2025-11-01

In order to gain a deeper understanding of the legal status of a judge's assistant in Russia, as well as the prospects for its development, the experience of organizing and functioning similar institutions in foreign countries (Germany, Poland, the United States, the United Kingdom, Switzerland, and Sweden) was analyzed.