Journal headings
"Legal sciences"

Annotation: Two approaches that have been formed in judicial practice on the issue of the right of the managing company to save when implementing activities on the management of apartment buildings are distin- guished. Their polarity is noted: the first is based on the need to apply the norms of civil legislation and the understanding of the contractor’s savings developed by judicial practice, the second – on the special nature of management relations, which requires the forming of a special approach to resolving disputes on the savings of managing organizations. Arguments are given against the mechanical use of the rules on the contractor’s savings to the savings of managing organizations. Negative trends as- sociated with the possible abuse of rights by managing companies in resolving disputes based on the second approach are demonstrated. The conclusion is made about the need to find a balance between the existing polar points of view, which, on the one hand, would not lead to possible abuses on the part of managing companies, and, on the other hand, would not deprive managing companies of the opportunity to justify the existence of savings. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The article examines the legal positions of the Constitutional Court, justifying the right of the claimant to appeal the ruling on the cancellation of the court order due to the absence of valid reasons for the debtor to skip the deadline for filing objections, as well as the provisions of the draft law, consolidating the results of constitutional control in the system of legal norms. The purpose of the study is to evaluate the developed novels based on an analysis of the conceptual foundations of writ proceedings. According to the author, the key idea characterizing writ proceedings is the presumption of indisputability of the claimant’s claims, which determines ways to simplify and accelerate the form of protection of rights under consideration, including through truncation of adversarial proceedings and the issuance of judicial acts in absentia. At the same time, guarantees of the rights of the parties to the proceedings, ensuring procedural equality and protection against abuse of rights, are of particular impor- tance. The author concludes that the right of the claimant to appeal against the decision to set aside the judgment based on the debtor’s defenses raised outside the time limit should be stated in the text. As a result of the study, the importance of the legislative formalization of the legal provisions of the Constitutional Court, which establish guarantees of the rights of the claimant in writ proceedings and are not related to the unconstitutionality of the legal norm, is substantiated.

Annotation: The article examines the legal regulation of inter-budgetary relations at the regional level in modern conditions. The purpose of the study is to develop mechanisms for the legal regulation of inter-budgetary relations that en- sure the development of regions by securing sources on a long-term basis for the implementation of measures to achieve national territorial development goals. The subject of the study is the substantiation of the mechanisms of legal regulation of inter-budgetary relations for the development of regions and the achievement of established national goals. Based on the topic of the research, the following tasks were completed: analysis of the regional experience of forming the legal framework for regulating inter-budgetary relations at the regional level; con- sideration of the methods of budget law governing inter-budgetary relations; formulation of a proposal for the creation of mechanisms for legal regulation of inter-budgetary relations at this stage. The research uses general scientific and special methods, in particular systematic, logical, as well as methods of analysis, synthesis, interpretation. As a result of our research, we have found that the establishment of legal mecha- nisms for inter-budgetary regulation of the allocation of funds from the consolidated budget of regions, taking into account the expenses of municipalities for implementing territorial development measures under state programs and regional projects using targeted indicators, leads to a balanced local budget and contributes to achieving national regional development objectives. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The article describes the issues of the importance of family in the aspect of the implementation of active and passive electoral rights. The purpose of the article is to highlight the influence of the family and family status of the candidate on the forming of his image, taking into account the family when filing an application for consent to run, the use of family nomination as one of the election technologies, family values as a necessary component for the forming of political party programs, as well as taking into account family traditions to combat youth absenteeism in the electoral process. As an improvement of the legal regulation of the process of nominating a candidate for elections, it seems necessary to supplement the application for consent to run with information about the presence of a spouse and minor children of the candidate. The methods of the study are formal logic, historical analysis and a systems approach. The article concludes that the family and family values significantly influence all participants in the electoral process from election organizers and candidates to voters.

Annotation: The issues of applying the provisions of the Code of Administrative Offences of the Russian Federation, re- garding the use of the results of activities for the implementation of state control (supervision) and municipal control and the initiation of proceedings on an administrative offense, are increasingly becoming the subject of numerous discussions and publications. Within the framework of this article, the authors analyze individual control and supervisory measures and control and supervisory actions, through which officials of control and supervisory authorities receive and record evidence of violations of mandatory requirements in control and supervisory activities, and their subsequent possibility for use as evidence in cases of administrative offenses. It is concluded that strict compliance with the requirements of legality serves as a guarantee of recognition of the actions and decisions of officials of control and supervisory authorities as legitimate, and the results of control and supervisory measures and control and supervisory actions as appropriate evidence in the proceedings on an administrative offense.