Kiseleva E. —
Features of regulation of the institution of inheritance agreement in Russian law
// Legal Studies. – 2024. – ¹ 7.
– P. 70 - 78.
DOI: 10.25136/2409-7136.2024.7.68696
URL: https://en.e-notabene.ru/lr/article_68696.html
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Abstract: The subject of the study are the key features of the inheritance contract as an instrument of legal regulation of the relations of the testator and heirs, as well as its specifics in the Russian civil legislation. The provisions of the Civil Code of the Russian Federation devoted to the analysis of the relationship between the rights and obligations of the parties to this contract, the procedure for its conclusion and termination are analyzed in sufficient detail, and the main problematic issues accompanying the procedure for using inheritance contracts in domestic practice are identified. In this context, the importance of further improvement of the legal framework governing the procedure for using the inheritance contract in legal practice is determined. It should be noted that the legislative consolidation of the institution of an inheritance contract provides the testator with the opportunity not only to dispose of his property, but also the right to burden the heir to perform certain actions. However, the model of the relationship between the parties to the inheritance contract in domestic legislation not places them in equal position. Such a circumstance, as well as a number of legally ambiguous points noted in this article, necessitate further improvement of the domestic regulatory legal framework governing various aspects of the conclusion and execution of an inheritance contract.
Kiseleva E. —
Increasing the effectiveness of anti-corruption as a condition for ensuring national security
// National Security. – 2024. – ¹ 1.
– P. 33 - 46.
DOI: 10.7256/2454-0668.2024.1.69502
URL: https://en.e-notabene.ru/nbmag/article_69502.html
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Abstract: The presented article, based on the identification of the multifaceted impact of corruption manifestations on the parameters of national security, identifies areas for improving the effectiveness of measures aimed at leveling the threats produced by this negative phenomenon. The subject of the study is a set of forms and methods of strategic anti-corruption used in the activities of public authorities of the Russian Federation, which is ensured by using methods of systemic, structural, comparative legal, historical and genetic analysis. The main message of the article is to substantiate the close relationship between the processes of ensuring national and public security in the context of countering corruption threats, which significantly reduce the level of both of these manifestations of security as a complex, multidimensional concept. In this regard, the emphasis is on the need to strengthen public participation in anti-corruption activities. Among the most important manifestations of such participation is the implementation of mechanisms of public anti-corruption control, the effective implementation of which implies the need for the formation of a set of so-called "anti-corruption competencies" among those who carry it out. Based on the analysis, it is stated that one of the most important conditions for ensuring national security is the activation of the role of society as a whole and citizens, in particular, which should be ensured by a well-formed anti-corruption worldview. Persons who must have competencies can be divided into the following two groups: basic competencies, which presuppose the possession of key knowledge, skills to ensure the formation of an anti-corruption worldview, its implementation in one’s life. Professional competencies that allow you to successfully perform functions that are directly related to combating corruption, including as part of the implementation of public anti-corruption control procedures.
Filatova E. —
Anti-Corruption Clause in Civil Law Contracts: Theoretical and Practical Aspects of Use
// Legal Studies. – 2023. – ¹ 6.
– P. 56 - 65.
DOI: 10.25136/2409-7136.2023.6.39418
URL: https://en.e-notabene.ru/lr/article_39418.html
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Abstract: The purpose of the article is to analyze the essential content and features of the practical use of such a tool for countering corruption manifestations at the level of organizations as an anti-corruption clause included in the text of civil law contracts concluded by it with its counterparties. In this context, the subject of the research conducted in the framework of the article is a set of key characteristics inherent in the anti-corruption clause, legal norms governing its use in civil law contracts, as well as forms of practical use of this tool in the practical activities of modern organizations. At the same time, a set of general scientific methods of comparative analysis and synthesis of the main approaches to the study of the issues under consideration, outlined by the predecessors, is used. Also, within the framework of achieving the research goal, a comprehensive use of formal legal and comparative legal methods is provided. On this basis, the main approaches to the formulation of the essential content of the category "anti-corruption clause", the features of its use in the process of regulation of anti-corruption at the level of organizations, the problematic aspects accompanying the use of this tool are considered. Special attention is paid to the use of an anti-corruption clause in the text of employment contracts concluded by an organization with its employees. The necessity of fixing the mandatory nature of the inclusion of an anti-corruption clause in the text of an employment contract concluded with persons holding corrupt (corruption-dangerous) positions is substantiated.