Articles

The principle of balanced budget is one of the fundamental principles of the budget system as a whole. At the same time, it is well known that budgets are mostly adopted with deficit or surplus, and the state of balance in reality is unattainable. Under such conditions, the government’s actions to equalize the budget imbalance are of particular importance. 

This article is devoted to the mechanism of ensuring budgetary stability and its constituent elements — the methods the government has at its disposal to counteract crisis phenomena. The methods are considered through the prism of existing legal institutions and are divided into direct and indirect by the way of impact on economic indicators. When analyzing the effectiveness of the legal mechanism, in addition to objective factors, the historical experience and mentality of the population are taken into account, which largely predetermine the popularity and effectiveness of certain measures. 

The article substantiates the necessity of competent legal elaboration of economic methods by means of improvement of existing and integration of new legal institutions. The institutions of borrowing, privatization, contingency funds, budget sequestration and budgetary rules are considered in the context of equalization of budgetary imbalance. Attention is paid to the issue of their correlation and priority for optimal functioning of the country’s economy.

Categorical thinking might be understood as logical generalization, which serves as a prerequisite for the existence of categories in law, including in the branch and research realm of financial law. Categorical thinking mediates the formation and substantive development of financial and legal categories. Functionally, categorical thinking not only contributes to the formation of categorical-conceptual series of financial law, but also contributes to the formation of financial legal order. At the same time, categorical thinking, while providing constructive “rigidity” of the categorical-conceptual network, is inert and can slow down the formation of new legal categories and notions in the context of rapidly changing social relations. Financial law categories such as “finance”, “financial activities of a government”, “financial system of a state”, “government credit”, “government debt”, “currency exchange regulation”, “currency exchange control”, “banking regulation”, “banking supervision” and others, are determined by financial legal norms, they structurally construct the public finance law as a law branch, reflecting the economic forms of funds flowing mediated by relations with constituent entities. Such categories are synthetic, absorbing all aspects of social relations — not only legal, but also political, economic, social, managerial, moral and ethical and others. At the same time, legal thinking produces financial and legal categories that are “analytical”, since they represent a mental concentration of purely legal features of the reflected social relations.

In the article the author considers the problem of the lack of legislative definition of the activities of non-profit organizations (hereinafter — NPO), and also compares the signs of entrepreneurial activity and activities of non-profit organizations, coming to the conclusion that the activities of commercial and non-profit legal entities differ in their content. The article analyzes judicial practice in terms of the grounds for liquidation of non-profit organizations in carrying out their statutory activities, namely, it reveals the problem associated with the restriction of activities on the territorial principle of certain organizational-legal forms of NPOs, which subsequently leads to a violation of the constitutional right of citizens to their association. 

In the article the author argues that the lack of legislative fixation of the concept of activity leads to the fact that the law enforcer represented by state bodies can give a different assessment of the activities of non-profit organizations. On two examples of public organizations (sports federation and public organization uniting representatives of creative activity) it was shown that one and the same activity can be considered by law enforcer differently, in the first case as permissible activity, in the second case, as a gross violation of the current legislation.

With the intensive spread of biotechnologies in recent years, there is an increasing need to specify and take into account the principles of bioethics in the regulation of various legal relations, including those that go beyond traditional areas such as supervision and control of biological research. Thus, the fourth part of the Civil Code of the Russian Federation establishes prohibitions on patenting and other state registration of intellectual property results that contradict public interests, principles of humanity and morality. But these principles are not specified in the legislation. At the same time, specifying and taking into account the principles of bioethics in civil law relations, including in the field of intellectual property, seems necessary in order to form a comprehensive intersectoral system of balancing the advantages and risks of new biotechnologies, in particular, preventing the use of legal mechanisms for the protection of intellectual property in violation of moral requirements. 

Based on the results of a comprehensive analysis of doctrinal and normative legal sources, the author comes to the conclusion that the list of bioethical principles to be taken into account in the legal system, in conditions of intensive development of biotechnologies and other scientific achievements, cannot be static, but is constantly expanding and changing, which must be taken into account when determining the rules of legal regulation. Moreover, it must be assumed that there is currently no universally recognized unified system of bioethical principles that could be applied as a basic model for accounting in intellectual property law. Taking into account the above, the author proposes a multilevel and intersectoral system of legal mechanisms for situational accounting of bioethics principles (both existing and those that may arise in the future) in the field of intellectual property.

The article is devoted to the analysis of the content of the principle of social responsibility of everyone for the well-being of society and the state. One of its manifestations is the principle of generational solidarity. The current trend in the development of relations between a person, society and the state in the context of current challenges and threats necessitates the search for an optimal balance between these subjects, optimizing the ratio of rights and obligations. The elements of the social responsibility structure are the subject of the specified responsibility (an individual or a group of people), the object of social responsibility (the range of social relations for the development of which the subject bears social responsibility) and the social community, acting as an authority that evaluates, stimulates and controls the subject’s activities. Consolidation of common efforts is an important guarantee of State sovereignty, independence, national interests, and economic prosperity. The article analyzes the legal regulation in this area in the Russian Federation, the Republic of Belarus and the People’s Republic of China. The significant role of not only legal norms, but also other social norms, which remain highly effective, is emphasized, which is characteristic of Chinese traditions. 

For the Republic of Belarus, taking into account the constitutional norm on social responsibility of everyone, the need to make a feasible contribution to the development of society and the state, the concept of “positive responsibility” is the theoretical basis for filling the legal content of “social responsibility” in resolving the dichotomy “duty — obligation”.

The article presents problematic issues of determining the subject composition of administrative legal relations, their classification, and the identification of legal entities as subjects of administrative law. The author substantiates his position on the possibility of defining legal entities as subjects of administrative law by developing the norms of administrative and legal regulation, including in its historical aspect. As the main criterion for organizations that are legal entities, it is proposed to distinguish the subjects of administrative law based on their position in administrative legal relations as subjects of public administration, their exercise of public authority, and the persons to whose activities such management is directed. 

The author considers it necessary to identify the general provisions inherent in a particular group of subjects of administrative law that determine their administrative and legal status, the need for a clear division of the subject composition of administrative and legal relations and, based on this, further administrative and legal regulation, to prevent confusion in the activities of one subject in the exercise of public authority functions and conducting economic activities from one’s estate. the negative aspects of the increasingly widespread practice of granting public-legal powers to economic entities activities. The article supports the questions of researchers about the need to determine the expediency of having the rights of a legal entity from public authorities, taking into account their participation in civil turnover on behalf of public legal entities.

The importance of legal ideology is increasing not only at the national level, but also at the regional level. The problems of both scientific research and the realities of international practice regarding the categories of «national legal awareness» and «legal thinking» are changing. Increasing attention is being paid to the formation of a regional and universal ideology of interaction between countries and peoples. In this regard, the problems of forming new types of legal ideology that are not bound by state borders require their own understanding. 

The purpose of this study is to determine the structural links of an ideological nature, namely, the legal ideology of the regional level and universal character. The objectives of the work are not only the structuring of ideological components in the system of legal reality, but also the definition of tools for the development of legal ideology on the legal map of the world. 

The main method of conducting this research work is a comparative analysis of the objects of the legal sphere, which found its way out in the proposal to form a universal theory of law, which is a doctrinal component of the legal ideology of a macro-level nature. 

As the results of the conducted research, proposals for the formation of regional and universal types of legal ideology are presented. The main forms of modern regional ideology and the theoretical and methodological basis for the formation of a universal legal ideology are determined. Approaches are proposed for the use of ideological components that make up the essence of modern legal families of Romano-Germanic, Anglo-Saxon and religious-communal types. In terms of practical recommendations, it is proposed to adopt a universal international document, the object of which will be the ideological criteria for the legal rapprochement of countries and peoples. As an example, the practice of adopting national concepts of legal policy is given, one of which appeared in the post- Soviet legal space in 2023.