Under the influence of judicial practice, the legal science has formed theoretical concepts designed to justify the removal of enforcement immunity from the debtor’s only luxury home. The accumulated material allows us to combine it into a single theory and refer to it as the theory of luxury. The basic elements of this theory show how difficult, if not impossible, it is to implement it in the current legislation. The paper concludes that this difficulty is caused by significant shortcomings of the theory of luxury, the main of which include the substitution of the constitutional right to housing by the right to «square meters». In addition, its implementation in legislation will inevitably generate inequality between individuals in terms of property and social status. In fact, it is a sanction for the luxury of debtors and a preference for the wealth of their creditors, rather than a way and condition for satisfying the claims of all creditors. As an alternative theoretical justification for the possibility of foreclosure on the debtor’s only home, the author proposes to apply the theory of abuse of the right, the main idea of which is that the removal of enforcement immunity should constitute a sanction for the debtor’s unscrupulous behavior. In addition, it is proposed to supplement the circumstances, the presence of which should entail the removal of enforcement immunity for economic reasons. 

The paper examines the influence of the international factor on the development of Russian legislation and law enforcement. The author focuses on the study of unjustified changes in the courts’ approach to assessing the principle of independence and autonomy of a legal entity and their use of the so-called concept of a single economic entity (commercial enterprise). The use of this concept without taking into account the factors to which it owes its origin in England and the USA leads to a violation of the basic provisions of both corporate law and law of obligations. For example, not only the debtor is held liable for violation of the obligation — relative legal relationship, but also the third party — the interventionist, which is a single business entity (commercial enterprise). The bodies of the legal entity — the interventionist — in fact, are forced to take actions not in the interests of this organization, which directly follows from the requirements of the law, but in the interests of the creditor in the obligation. This approach radically changes the standard of conduct of entities that form the bodies of a legal entity. In addition, following the concept of a single economic entity (commercial enterprise) does not take into account the requirements of legislation in the public sphere, for example, banking, where credit organizations a priori cannot put the interests of creditors of organizations forming a single economic entity with them above the interests of their creditors (clients, depositors). 

In the context of globalization, even in the context of economic crises, the focus on increasing corporate income and maintaining and increasing capital encourages companies around the world to analyze dynamically changing opportunities for geographical presence, operational activities, the potential for international settlements, including various settlement tools that directly affect the implementation and development of business. It is also necessary to take into account the current conditions of economic restrictions that are widespread and affect financial, banking, including settlements and legal relations. Sanctions have a serious impact on the modern structure of cross-border settlement relations, foreign exchange transactions around the world. Access to payment systems is critical for banks and other payment service providers in ensuring safe and efficient cross-border payment services. Authorities and operators must weigh these benefits against potential barriers and risks. Stakeholders in the international settlement ecosystem, such as non-banks, financial market infrastructures and foreign banks, may face challenges in gaining direct access to the payment system. Thus, different jurisdictions have the option of improving access to real-time gross settlement systems and other key payment systems that make settlements in central bank currency. Optimized access to domestic payment systems can contribute to the development of international (cross-border) settlement systems by addressing key issues such as long transaction chains, high financing costs, low competition and outdated technologies. In particular, increased access to various solutions in the field of cross-border settlements can contribute to increased competition and the development of innovations, which ultimately reflects the interests of consumers and affects the cost of final products in the markets of different countries. In a broader sense, the financial system could benefit from better mitigating estimated risks and potential benefits to financial stability by reducing manytier arrangements and creating a more diverse and sustainable ecosystem. 

Due to the specifics of the industry, pharmaceuticals belongs to one of the areas where patent protection of the results of intellectual activity is most in demand and has received the greatest development. However, patent law and legal regulation of the circulation of medicines are developing in fact in parallel, which raises many questions in practice. The paper examines the problems of incoordination of these areas of law, in particular on issues of terminology, specifies the points of intersection between the legal mechanisms established in them. The author elucidates the features of prolongation of patent protection of the invention relating to the drug as a product, as well as the relationship of this prolongation with the state registration of the drug under consideration. Particular attention is paid to discussion issues on the advisability of introducing into the Russian legal system the so-called patent linkage and the Bolar provisions in the legal regulation of the circulation of medicines commonly applied in foreign law. The author makes proposals on the basis of an analysis of judicial practice, foreign and domestic experience in finding a legal compromise between the interests of generic companies and patent holders — manufacturers of original drugs — to facilitate appropriate changes to Russian law.

The paper investigated the possibility of applying provisions of a simple partnership contract to the property and personal relations of spouses. The author joins supporters of the contractual nature of marriage, while realizing the weaknesses of this approach and that relationships between the spouses is not limited to an amicable agreement. Nevertheless, on the basis of a comparative legal analysis of the regulation of relations between the parties to a simple partnership agreement and the relations of spouses, it is possible to demonstrate the fundamental similarity of the legislator’s approaches to their normative regulation. Spouses, just like the parties to a partnership agreement, have a common goal, combine deposits, bear common expenses, share profits, and become co-owners of property acquired in marriage. The relationship between the spouses is of a trusting nature, each of the spouses has the right to dispose of common property, to establish legal consequences for the other spouse.

 In connection with the indicated similarity of the normative regulation of relations under the contract of a simple partnership and relations between spouses, the author endeavored to justify the invalidity and termination of the marriage contract, as well as admissibility of the spouses concluding a gift agreement on the basis of the provisions regulating the contract of a simple partnership. Thus, the contestability of a marriage contract containing conditions that put one of the spouses in an extremely unfavorable position is explained not only by the principles of justice and equality of spouses, but also by the prohibition of «leonine partnerships.» The nuptial agreement, acting as an agreement changing the dispositive regulation of the matrimonial agreement of the spouses, terminates when the spouses terminate the agreement and does not apply to newly concluded marriages between the same persons.

The paper analyzes the content of the stare decisis principle, provides the main arguments in its favor, examines the case law system, investigates the trends of its introduction into the Russian legal system. The authors conclude that the judicial precedent that played a historical role in the formation and development of the common law legal system is gradually changing its position in the system of sources of law. It has been established that in the Anglo-Saxon legal doctrine the question of precedent is now not unambiguous. It is pointed out that there is no judicial policy aimed at abolishon of precedents and it is proved that the calls of legal scholars to abandon the principle of stare decisis in the field of constitutional law are not unfounded. It has been established that, despite the denial of judicial precedent in the Russian legal doctrine and a debatable nature of this issue, in Russia the judicial precedent was gently integrated into the national legal system in the form of an interpretation precedent, which is conceptual in nature and entails the need to transform the entire system of legislation. The authors conclude that the judicial precedent does not coincide with the act of the judiciary, but is only a procedure for motivating this act that acquires mandatory force subject to the court observing this procedure for motivating in similar cases, and, as a source of law, gives normative force to the acts of the judiciary where it is contained. It is noted that a complete separation of the judicial precedent from the judgment where it is given is not true, since judicial precedent is «tied» to the factual circumstances of the case in the relevant part of the judgment.

From the perspective of a legal and linguistic approach, the paper examines the issues related to the consolidation of a single concept of bullying in the legislation of the Russian Federation, the definition of the parties and responsibility for the commission thereof and other acts that contributed to its commission. The main problem is seen in an attempt to introduce special non-legal terms borrowed from other sciences into the legal field and use them in law enforcement activities without mapping them with the existing legal regulation and legal doctrine. The authors propose theoretically sound conceptual approaches concerning the need for legislative consolidation of the mentioned single concept (but not as a designation of a new corpus delicti, but as a generalizing term), its choice (preference is reasonably given to the term «bullying»), characteristics of existing legal structures providing responsibility for acts—individual manifestations of bullying. It is proved that the preferred direction of legislative regulation of bullying is the improvement of the mentioned structures, taking into account the consistency of the liability measures provided for by them. When defining bullying in a legal way, it is recommended to focus on the voluminous terms already available in the legislation, such as «extremist activity». As a measure aimed at preventing illegal activities (including bullying) in educational institutions, it is proposed to introduce an appropriate aggravating circumstance.

Based on the study of doctrinal sources, contractual legal regulation and judicial practice materials, the paper defines legal models for the establishment of acts of aggression: the Nuremberg-Tokyo model (as a contractual one, only stating the fact of aggressive war and to a certain extent functional for the purpose of establishing individual criminal responsibility) and the universal UN model (or a political and legal model related to the establishment of an act of aggression as a violation of the territorial integrity or political independence of states and with the subsequent transfer of the case to the International Criminal Court for prosecution to bring the perpetrators to justice). There is a tendency to overestimate the «internationality» in defining acts of aggression by removing national jurisdictions from the possibility of qualifying acts of armed attack by stating the statutory authority of the UN Security Council in determining the committed act of aggression (Article 39 of the UN Charter). The «regional» and «bilateral» models of countering acts of aggression within the framework of fulfilling allied obligations are considered. An objective model of suppressing an armed attack and its consequences is proposed as a subjective imputation by the injured state (group of states) of committing an act of aggression to the aggressor state (group of states), which can be implemented in the legislation and law enforcement practice of Russia. The paper reflects the main points from the speech delivered by Professor Batyr on May 28, 2024 at a round table in the Federation Council of the Federal Assembly of the Russian Federation on the topic «The concept of aggression in international law and Russian doctrinal documents».

The paper examines problematic aspects of the interaction between law and social development. The author notes that academic interest in studying this issue has increased over the past two decades. It is emphasized that in most cases, doctrinal positions reflect the diversity of relations between law and social development. At the same time, legal scholars are still debating the following fundamental issues: is law an important factor determining the social and economic performance of a particular state; are there economic, political or sociocultural obstacles to effective law-making and law enforcement; what types of legal institutions contribute to the prosperity of society and how to optimize their activities? The author concludes that law is at the center of the research discourse of the practice of social development and the legal system is crucial for economic growth. In addition, the author analyzes the theoretical concepts of the priority of law for the prosperity of society, the need for a certain regulatory framework for economic growth and the reform of the system of legal institutions as a strategy for implementing social development programs.

Building a multipolar world requires a state that claims to be a pole to offer a competitive model of social structure and world order that is recognized by both its own population and participants in international communication. This model should be based on and reflect the force that allows the state to claim the appropriate status, advantageously distinguishes the relevant «pole» from other participants in international communication and is able to provide the necessary balance to a complex system of international relations. Currently, this model is not articulated in the Russian Federation, although it is indicated by the political leadership of the country. The existing difficulties in its development are due to a number of reasons. One of them is the issue of cultural sovereignty; the other is the complex self-organizing nature of the system of social relations. The paper identifies a number of theoretical and legal issues that need to be addressed in the process of forming an appropriate model in modern Russia: the language of legal science, state and legal ideals, including the concept of justice, etc. It is also emphasized that the development of the model should be carried out by specialists in various fields of scientific knowledge using the methodology of post-nonclassical science, which makes it possible to consider the state-organized system of public relations and the international order as a complex self-developing open system.

On the 100th anniversary of the birth of Professor Veniamin E. Chirkin the paper discusses his extensive ideological legacy mainly from the perspective of solving perspective-predictive tasks facing Russian constitutional jurisprudence. Attention is focused on the significant potential contained in this legacy for changes in the scientific methodology of Russian constitutionalism in modern conditions, including issues related to the tools (conceptual and analytical approaches) of scientific knowledge, terminological, substantive, functional, institutional, personal and other characteristics of constitutionalism, the constitution, constitutional law. The author substantiates the defining role of the value-civilizational approach in constitutional jurisprudence, which allows revealing the prerequisites, patterns, and trends in the development of constitutional institutions in a specifically national socio-cultural context, in their inseparable connection with the formation and maintenance of a national constitutional identity. The value-based civilizational approach is not opposed, but is coupled with reasonable pragmatism and realism, the meaning of which is not to put constitutional law at the service of expediency, but to reveal it as the most appropriate form of ideological and normative expression of the spirit, way of life and destiny of the people. The logic of constitutional development based on traditional spiritual and moral values is justified by the introduction of the principle of dialogical continuity, which implies not the reproduction (preservation) of the past, but a constitutional dialogue with the past.