No 10 (2025)

The subject of the article is evolution of the English judicial system. The English judiciary in multi-centurial process of its development, while preserving traditional feature, in various times passed periods of reforms and was considerable modernized.

The issue is actual as at the beginning of 21th century English court system has obtained contemporary shape. The specific of its evolution was determined, in a large degree, by character of the common law. The common law, created and developed by the courts, in the same time has determined an overall direction of the judicial system. The aim of the research is an analysis of the English judicial system specific. It has a lot of peculiarities, especially in a comparison with judiciaries of continental European states. Nonetheless, all the systems mentioned are founded upon common principles, including principles of entrenched constitutionally.

The tasks of research are: to study of the English legislation on judiciary; to clear periods of development of the latter; to check results of every periods of its reforming.

In process of research several methods were implemented. The legislation appropriate was studied on the basis of formal logic method. The historical method was applied for study of overall evolution of system mentioned and for distinguishing periods of its development. The system method has permitted to look at judiciary as a system in general.

The author’s conclusions are the following. Contemporary English judiciary, despite all the reforms, still is loyal to a number of her traditional institutions. Among them are: controversial process; specialization of judges, not of courts; conservation of jury and magistrates. Also, even in present time, it is difficult to distinguish constitutionally English judiciary in the structure of division of powers.

The results of the research may be used in educational and research process.

In modern legal science, a gap has formed between the traditional dogmatic method of conflict resolution, used in resolving most normative conflicts and the concept of weighing or balancing legal principles, which has become widespread in the theory of constitutional law. The problem lies in the lack of clarity of the correlation between the two methods and the boundaries of their application.

The aim of the study is to overcome the methodological gap between the traditional method of resolving normative conflicts and the method of weighing, placing the theory of clash of principles within the framework of the general theory of normative conflicts.

The main methods used in the paper are the general scientific methods of deduction, analysis, synthesis, abstraction, determination and comparison. The general scientific method of measurement is also discussed to formulate a general conclusion.

The article compares the traditional method of resolving normative conflicts based on conflict rules and harmonization of the content of colliding norms, the method of categorization (another method of resolving conflicts of principles identified in the scientific literature) and the method of weighing principles. There are two versions of the latter. The first one considers “weighing” as a strict and mathematically precise measurement procedure, and the second one considers “weighting” as a certain metaphor that cannot be strictly formalized. Using the example of the famous R. Alexy’s weight formula, the main problem of the strict concept of weighing – Incommensurability of the compared principles in the scientific sense – Is shown, and the main counterarguments of the proponents of this approach are critically analyzed. The non-strict concept of weighing, along with categorization, are included in the general framework of the traditional method of conflict resolution as elements of interpretive harmonization of conflicting norms.

 The subject of the P. P. Serkov’s research interest as a scientist, Doctor of Law, has been the legal regulation of economy. The desire to comprehend the large-scale social processes requires the philosophical approach and the identifying of the most common patterns and the typical manifestations of the social reality. The presented research has characterized the idea of the world as a whole and the closed relationship of all its elements and components.

The author of the peer-reviewed monograph has been using the all available means in order to identify of the grounds at the legal regulation of the economy. As the reliable argumentation of his judgments has been built P. P. Serkov inextricably has linked the general and particular processes and phenomenon and the various aspects of the relationship between law, economics, and the social development. At the same time a large number of opinions of recognized scientists and thinkers has been given. The author has been attaching the great importance of the role of the wars in the history of Russia, as well as the connection between the past, the present and the future of the country. The construction of a complex system of meanings has been making it vulnerable to criticism, on the one hand, and accessible to the less wide range of readers, on the other hand.

The monograph is an important contribution for solving of the problems which has been facing of the modern Russia.

The practical issues of realizing the taxpayer’s right to refund the positive balance of a unified tax account are considered. The current regulation and judicial practice are analyzed, on the basis of which an opinion is expressed on overcoming existing difficulties.

The purpose of the study is to assess the legal consequences of refusing to refund the amounts of the positive balance of a unified tax account, carried out both by tax authorities and in court. To achieve this goal, the legal positions of the courts of various judicial instances are analyzed, which contain arguments that make it possible to assess the legality of such decisions in the context of resolving the issue of the legal nature of the positive balance of a unified tax account.

Based on the work of Russian tax scientists, the study analyzes individual conclusions of the courts, formulated by them as a result of the consideration of cases on the refusal of tax inspections to refund taxpayers the amounts of the positive balance of the unified tax account. Based on them, judgments were made about the possible prospects for the development of tax legislation in this area, and conclusions were drawn about the need to recognize the positive balance of a unified tax account as a tax payment.

General scientific (generalization, analysis, synthesis) and private scientific (formal legal, interpretation of law) research methods were used in the preparation of the article.

The analysis of the decisions of a number of court decisions on the increase of the amounts of the positive balance of the unified tax account revealed that some problems remain relevant related to the establishment of the legal nature of such amounts, as well as the procedure for their return to taxpayers’ accounts. The lack of uniformity of judicial practice in determining the possibility and procedure for refunding the amounts of the positive balance of a unified tax account is a significant obstacle to taxpayers exercising their rights.

A claim to inherited property, the rules for filing which are established by Par. 3 of Art. 1175 of the Civil Code of the Russian Federation, gives creditors additional opportunities to protect their property interests. However, the lack of information from creditors about the acceptance of the inheritance, heirs, inherited property allows them to file a claim regardless of the fact and term of acceptance of the inheritance, the expiration of the limitation period and the availability of information about the inherited property and its value, and the main condition for satisfying such a claim is the actual existence of the inherited property.

The purpose of the study is to analyze the legal regulation of the liability of heirs who have accepted the inheritance for the debts of the testator, the correlation of the rules of law determining the liability of heirs with the practice of their application. The objectives of the study include the analysis of the practical application of legislation, explanations of higher courts in resolving cases related to the liability of heirs for the debts of the testator, as well as the definition of controversial issues arising when considering this category of cases.

In preparing the article, general scientific methods (analysis, synthesis, induction, deduction, comparison) as well as special methods of legal science (formal-legal, comparative-legal) were used.

The author notes the controversial nature of the issue of what claims against inherited property can be presented by a creditor when applying to the court, and concludes that the right to claim in the procedural sense, established by Par. 3 of Art. 1175 of the Civil Code of the Russian Federation, is in conflict with the possibility of presenting creditors’ claims only within the limitation period established for the relevant claims.

 Currently, in legislation and law enforcement, there are increasingly issues related to the protection of the interests of the debtor-citizen by excluding the property necessary for him, which is not subject to collection, from the bankruptcy estate. The list of such property is defined in Art. 446 of the Civil Procedure Code of the Russian Federation (subsistence level, sole housing, etc.), but also this other property that can be excluded from the bankruptcy estate of the debtor in accordance with Federal Law of 26 October 2002 No. 127-FZ “On Insolvency (Bankruptcy)”.

The purpose of this study and related tasks are to develop theoretical provisions on the exclusion of property from the bankruptcy estate of a debtor-citizen in an insolvency (bankruptcy) case, identify problems and propose ways to solve them.

The methodological basis of the study was made up of general scientific and special methods: the system method, the functional method, the formal legal method, the method of legal modeling, the comparative legal method.

In the course of the study, the characteristic of the concept of “competitive mass” is given, the main approaches to understanding this concept in the literature are outlined. It is concluded that the tender mass is an independent object of civil rights, which, in turn, also contains objects of civil rights that are different in nature.

The main conclusions are as follows: the need for approval in the Bankruptcy Law of the procedure for the purchase of replacement housing for the debtor and his family members in the event that the financial manager identifies in the bankruptcy estate of the debtor the only residential premises suitable for the debtor and his family members exceeding the limits of the area of the debtor’s only housing that is not subject to recovery, as well as the approval by the Government of the Russian Federation of these limits. With regard to the debtor’s property necessary for professional activity, it may be excluded from the bankruptcy estate in cases where it serves as the only possible source of income. At the same time, the debtor’s presence of minor children, the good faith of the debtor’s actions, as well as the inadmissibility of violating the balance of creditors’ property interests and the debtor’s personal interests are taken into account.

 The article is devoted to the implementation of the right to protection of a judge at the stage of initiation of a criminal case.

The purpose of the study is the theoretical and practical justification of the conditions for the realization of the right to protection in relation to judges at the stage of initiation of a criminal case, the identification of problems related to the realization of this right.

To achieve the goals and objectives of the research, general scientific and private scientific methods such as logical, formal legal method, comparative legal, etc. were used. The dialectical approach is used to determine the essence of the studied processes and phenomena, to detect cause-and-effect relationships.

The institute of overcoming the inviolability of judges is investigated: a conclusion is made about its legislative clarity. At the same time, the procedural actions preceding the submission of a submission to the qualification board of judges do not have their theoretical and, as a result, legislative elaboration. As a result of the study, provisions of the criminal procedure law on the procedure for conducting procedural actions that are the basis for initiating a criminal case against a judge were proposed for development.