Vindication of Real Estate: The Stage of Building a General Vindication Model for the Protection of Violated Absolute Rights

The article considers the legal structure of vindication of real estate developed in Russian science and practice. Protection of the rights of the owner of real estate who has lost possession and is not registered in the Unified State Register of Real Estate (EGRN) is carried out by filing two lawsuits in court: for recognition of the right of ownership and vindication. Due to the peculiarities of the statute of limitations, in Russian practice, the priority of actual ownership of real estate over the records of ownership in the Unified State Register of Legal Entities is established. The need to combine the two claims is caused by their possible competition in connection with the application to each claim of its own rules on the validity of the statute of limitations. The refusal to extend the limitation period to the vindication claim for the return of ownership should lead to the establishment of only one claim within the framework of the method of protecting the violated rights of the owner to real estate – vindication. An independent claim for recognition of the right in this situation seems redundant. Its necessity is caused by an attempt to apply the German model of protection of the violated rights of the owner of real estate, where the impossibility of vindication is due to the high level of public reliability of entries in the register. In modern Russia, the position of complete denial of vindication of real estate is not supported by the consistent implementation of the principle of irrevocability of rights registered in state registers. At the same time, the construction of a claim for the protection of the rights of the owner of real estate allows us to take the first step towards the development of a vindication model for the protection of any absolute right, the elements of which are the requirement to recognize the right and the requirement to restore the legitimation of the right holder.

On Some Problems of Holding Public Events

The article analyzes the problems of holding public events. The authors draw attention to the need to transform legislation on the exercise of the right to assemble peacefully without weapons, to establish criteria for a mass event and to define an open list of public events, so that demonstrations in new and emerging forms are possible within the framework of current legislation and achieve the goal of ensuring the rights of citizens, as well as ensuring public order and public safety. In addition, the article raises the question of the inadmissibility of unjustified restrictions on the constitutional right to express one’s opinion.

Forensic Examinations in Fraud Cases in the Field of Auto Insurance

The proposed article considers the possibilities of various types of expert research on criminal cases of fraud in the field of automobile insurance (CTP, CASCO). On the example of illustrative cases from the published judicial practice in criminal cases, the features of the appointment of certain types of forensic examinations, their research potential are demonstrated. Clearly shows the wide the possibility of applying special knowledge to improve the effectiveness of detecting and investigating insurance fraud committed by staging and falsifying the circumstances of road accidents. The prospects for the use of atypical forensic examinations in criminal cases of relevant crimes are shown. The article is recommended not only to employees of investigative departments of law enforcement agencies, judges and experts, but also to a wide range of readers interested in countering fraud and other crimes committed in the insurance industry.

Constitutional-Conflict Diagnostic: The Issue of Improving the Methodology of Constitutional Law

The phenomenon of constitutional-conflict diagnostic is researched in this article as a methodology for studying constitutional conflicts in the section of the constitutional law science. The author offers a definition of constitutionalconflict diagnostic, identifies its goals and objectives, and also draws conclusions about the content, functions and system of constitutional-conflict diagnostic. The article proposes the definition of constitutional-conflict diagnostic as a system of consistently applied scientific methods, legal principles and presumptions, aimed at obtaining information about the constitutional conflict and the constitutional methods of its prevention and resolution.

Forensic Science: Features of Didactics Versioned Thinking

The article examines the essence of versioned thinking of the subjects of detecting and investigating crimes. The author cites – with his comments – a number of definitions of the not yet established concept of “forensic thinking”. At the same time, it turns out that the essence of this concept is becoming more and more blurred and more and more abstract. The author claims, it is argued that there is no special forensic thinking, since the basis of any thinking is knowledge from different branches of science, however, we can talk about a versioned style of information analysis. Developing this style of thinking is a learning task. This is the answer to the question “what to teach?” (content of training). Another question is “how to teach?” Here are the features of didactics (goals, principles and teaching methods). According to the author, the term “forensic activity” is not correct. Due to the fact that criminalistic means are used in some – lawyer, prosecutor’s, judicial (and even criminal) – activity, it does not become forensic. The article reveals some of the pedagogical features of the formation of a dynamic stereotype of versioned thinking in practical lessons in forensic science by the type of conditional-probabilistic syllogism.

Comparative Analysis of Bilateral Investment Treaties of the Russian Federation

The paper analyzes bilateral investment treaties, one of the parties to which is Russia. The article compares the provisions contained in the 1992 and 2001 model agreements of Russia, as well as the provisions of the 2016 Regulations. The concepts of “foreign investor” and “investment” are considered, discrepancies in the concepts and wording used in treaties with different states are revealed. In a comparative aspect, the authors explore the operation of treaties over time, the use of the standard of fair and equal treatment, and the application of provisions on expropriation. The features of the formulation of the national treatment standard and the most favored nation treatment standard, as well as the umbrella clause are revealed.

Harmonization of Legislation in the Field of Employment as a Means of Forming a Common Labour Market of the CIS Member States in the Context of the Eurasian Perspective

The article is devoted to the problems of harmonization of legal regulation in the field of employment of the population of the CIS member states in the context of the Eurasian perspective. The creation of a single legal space of the CIS member states contributes to the effective functioning of the common labor market, the structure of which will be determined by the harmonized, and in many parts unified national legislation of the CIS member states. The problem of harmonization of legal regulation in the field of employment of the population is considered in the context of solving a broader task: creating a single legal space of the common labor market of the CIS member states. The article analyzes the principles, levels, mechanism, stages of harmonization of legal regulation in the field of employment of the population of the CIS member states in the context of the Eurasian perspective.

Legal Characteristics of the Hunting Agreement

The article considers the legal characteristics of the hunting agreement. The author emphasized the legal features of the hunting agreement by the analysis of the doctrine and norms of natural resource legislation: it is the object of complex regulation of various branches of law; this agreement has a special subject – measures for the conservation of hunting resources and their habitat and the creation of hunting infrastructure; the specifics of determining the terms of the hunting agreement and the procedure for its conclusion are established by mandatory norms; this agreement has a special subject composition; a hunting agreement is an investment agreement due to the presence of special qualifying features (an investment, an object of investment activity, a transaction for investing in an object of investment activity).

The Right of Regional Legislative Initiative of Local Self-Government Bodies: Content and Implementation Features (On the Example of the Novosibirsk Region)

The article discusses the concept and content of the right of legislative initiative of local self-government bodies in the legislative (representative) body of State power of the constituent entity of the Russian Federation, as well as the peculiarities of the exercise of this right by representative bodies of municipalities in Novosibirsk oblast. It has been concluded that the municipal representative body has both the general right of legislative initiative, which gives it the legal capacity to exercise this right in any manner prescribed by law, and the exclusive right, allowing municipalities to participate actively in improving the administrative and territorial organization of Novosibirsk Oblast. However, as the most numerous subject of the right in question, they do not make sufficient use of this instrument of influence on the socio-economic processes taking place in the region.

Law Enforcement Practice in Criminal Cases of a Crime under Art. 171.3 of the Criminal Code of the Russian Federation (In Terms of Establishing the Sign “Large Size”)

The article is devoted to problematic issues that arise in the practical activities of law enforcement agencies in terms of determining the cost of calculating a large amount of alcohol turnover, which significantly affects the qualification of a criminal act under Art. 171.3 of the Criminal Code of the Russian Federation. The emphasis is placed on the absence in law enforcement forensic practice of a single mechanism for determining the cost of a large size and the need to develop a single calculation algorithm for determining a large size taking into account criminal and criminal procedure legislation indicating the intent of a person to sell alcohol products in order to generate income. It was proposed to add to the current criminal legislation, which defines a common understanding of large-scale calculation.