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No 7 (2025)
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A WORD TO THE READERS

KUTAFIN UNIVERSITY CHRONICLE

LEGAL SCIENCE VECTOR. Legal support for the Implementation of demographic and family policy in the Russian Federation

18-26 152
Abstract

The article is devoted to the analysis of legislation in terms of reflection in legal norms of one of the goals of state demographic policy — the popularization of a family lifestyle, which, in our opinion, is of primary importance in the context of modern challenges (aging population, natural decline, an increase in the number of divorces, etc.). An analysis of the results of measures already taken by the domestic legislator is conducted, the practices of foreign countries (China, USA) and the prospects for further consequences of the state policy are studied.

27-35 188
Abstract

The study of the implementation of the rights of a disabled child seems relevant, as it is due to the complex structure of the legal relationship, the presence of a special legal status of a disabled child, relating to both family and social security law. The goal is to identify the peculiarity of the interrelated concepts of the implementation of family rights of parents and children with the status of disabled, who have limitations in life activity. The methods of analysis, synthesis, comparative law are used. As a result, a conclusion is made on the assessment of the behavior of parents in the implementation of parental rights in accordance with the purpose of these rights, problematic aspects of the implementation of the rights of disabled people, including children, are identified. A proposal is made to improve the legislation aimed at expanding social protection and assistance, including rehabilitation services.

36-42 184
Abstract

This article outlines current issues in law enforcement practice regarding disputes between developers and citizens arising from contractual legal relations regarding participation in shared construction and purchase and sale. The author pays special attention to the specifics of protecting the rights of citizens who are participants in shared construction, mechanisms for preventing the inclusion in contracts of sale and participation in shared construction of conditions that contradict current legislation, as well as individual methods for resolving disputes that arise.

LEGAL SCIENCE VECTOR. Family and legal protection of traditional family values

43-50 148
Abstract

The article examines and analyzes a number of significant, in the author’s opinion, family features that are in the field of discussion: cohabitation of family union members and their management of a common household. The opposite approach is fixed in the doctrine on the expediency of the legislative definition of the concept of “family”, arguments in favor of its definition are expressed. The prerequisites for recognizing the legal personality of the family are outlined. It is proposed to consider de facto matrimony as a kind of family union that deserves, under certain conditions, legal protection and protection

51-58 252
Abstract

The procedure for exercising the personal non-property rights of spouses, with rare exceptions, is practically not disclosed in the current family legislation. In most cases, it is not determined how the joint resolution of many issues related to family life is ensured, an exception in this area being the possibility of reaching an agreement on issues of communication with the child, determining his place of residence, which to a greater extent concerns determining the content of the personal non-property rights of parents and children, and not spouses. In agreements with non-property maintenance concluded between spouses, it would be possible to determine the procedure for exercising their personal non-property rights. In order to ensure a balance of interests and prevent excessive restriction of the personal sphere of each of the spouses, it would probably be possible to provide for the possibility of an unmotivated unilateral refusal of such an agreement (in this case, an expressed refusal would require the other spouse to accept it, and it would be necessary to notify him/her of the refusal of the previously reached agreement). In case of violation of the terms of the concluded agreement, liability measures may be applied, including civil law measures (for example, compensation for moral damage).

59-67 146
Abstract

The article examines complex issues of interaction between parents when determining the child’s place of residence. The author’s purpose is to find ways to optimal resolve the issue of determining the child’s place of residence, taking into account the opinion of psychologists. When determining the child’s place of residence with one of the parents, it is difficult to implement the principle of equality of parents’ rights and responsibilities. The author concludes that it’s absolutely impossible to turn declarative principle into practical deeds, both in a complete and in an incomplete family. The joint custody in the Russian Federation is criticized. In this regard, the main task of parents and the court is to be guided by the interests of the child and provide the parent living separately with the opportunity for full-fledged communication with the child.

LEGAL SCIENCE VECTOR. Selected areas of implementation of the national project “Family”

68-75 174
Abstract

The focus of this article is the problem of development of family values. In particular, it is noted that in the absence of legal meaning, the term «family values» in the Russian legal order is interpreted mainly in the nonmaterial aspect. At the same time, the new structure of the Russian economy (after the collapse of the USSR), the new worldview of society and a number of state projects are associated with the need to develop domestic entrepreneurship. In this regard, the author focuses on the possibilities of family business. Factors that hinder its national scaling are identified. It is concluded that in the absence of a special legal field (including abroad), these relations can develop only through indirect support through the norms of close legal institutions, as well as through ideology. Proposals are provided aimed at stimulating the development of family business in the Russian Federation.

76-84 262
Abstract

The article shows the dynamics of legal regulation of employment. A proposal is made to amend the current legislation by taking into account such a qualifying feature of professional activity as mandatory membership in self-regulatory organizations. The position regarding the addition of employment options by indicating self-employed citizens is substantiated. Contradictions between legislative definitions and the terminology used by official statistical accounting in relation to the self-employed and family businesses are revealed, and ways to eliminate them are proposed. Based on statistical data, the contribution of business entities to ensuring employment of the population of Russia is shown. Based on strategic documents, the opinion was expressed on the need to introduce best practices in supporting families with children in the activities of corporate organizations.

85-92 126
Abstract

The features of socially responsible business are considered, taking into account the implementation of the national project “Family”. The analysis is based on an axiological approach, which allowed us to reveal the features of the positive responsibility of business entities. Compliance and social entrepreneurship are analyzed as examples of the manifestation of an entrepreneur’s social responsibility. Constitutional principles of justice and equality play a key role in the formation of effective mechanisms for interaction between business and society. The axiological paradigm involves a detailed study of the inherent qualities and values of entrepreneurship, among which independence, a propensity for risk and a sense of responsibility stand out. The use of the systemic and institutional research method has made it possible to comprehensively assess the impact of entrepreneurial activity on the legal, economic and social spheres of society. A special place is occupied by the analysis of the interrelationships between the interests of economic entities and public needs, emphasizing their close dependence on each other

LEGAL SCIENCE VECTOR. Private issues of legal understanding and law enforcement

93-101 116
Abstract

The article outlines the main risks that arise in connection with the implementation of entrepreneurial activities by family members, and discusses possible legal means to minimize them. The necessity of specifying information about the business address in the Unified State Register of Individual Entrepreneurs is substantiated, a number of recommendations aimed at streamlining the legal status of minor entrepreneurs and the self-employed are formulated, the use of state-subsidized comprehensive insurance programs for family enterprises is proposed as a unique measure of their support, and arguments in favor of legally consolidating the category of “family enterprise” are presented. The results of the research can be used in lawmaking activities and in providing state support to family business entities.

102-109 280
Abstract

The socio-economic policy of the Russian state is aimed at increasing the involvement of minors in the sphere of economic and entrepreneurial activity, who are very actively engaged in various business sectors. To characterize a minor as a subject of entrepreneurial legal relations, the specifics of the legal regulation of the entrepreneurial activities of these entities are primarily of interest. However, here we immediately encounter the problem of the lack of special legal regulation of the area in question. The norms concerning the activities of underage entrepreneurs are few and far between and are contained in general regulatory legal acts of various branches of industry devoted to the entrepreneurial activities of citizens in general. The article defines the concept, essence and features of the legal regulation of entrepreneurial activity of minors.

110-117 119
Abstract

The article examines the guarantees of the housing rights of an insolvent debtor, as well as his family members and other persons entitled to housing, when foreclosing on a single dwelling in bankruptcy proceedings. A tendency has been identified to expand guarantees in judicial practice through the introduction of executive immunity not only for a single dwelling (part of it) in relation to unfurnished housing, but also for housing that is the subject of a mortgage, and for funds earned from the sale of housing and remaining after settlements with the mortgagee.

118-126 206
Abstract

Issues at the intersection of family and corporate law have recently aroused considerable interest. This is due not only to the ongoing need to reform corporate legislation, but also to law enforcement practice, which does not always develop approaches that sufficiently protect the rights and interests of spouses to such specific objects of civil rights as a share in the authorized capital of a limited liability company and a share. This article will address issues related to the legal and contractual treatment of spouses’ property in shares and shares of corporations, analyze possible options for establishing a contractual regime, and propose tools that can establish a balance between the interests of family and business.

LEGAL SCIENCE VECTOR. Peculiarities of family business in various sectors of the economy

127-134 125
Abstract

The article is devoted to studying the current state of legal support for family entrepreneurship amid the increasing digitalization of trade turnover. Today, family businesses in Russia are predominantly represented by small and medium-sized enterprises, which can be classified as “mass entrepreneurship.” There remains an ongoing insufficiency and fragmentation in the legal regulation of this sphere of public relations. In this regard, further work is needed to develop provisions in federal legislation regarding family entrepreneurship.
The study highlights that in modern conditions, trade turnover will increasingly shift into the realm of e-commerce. The development of family entrepreneurship in the context of digitalization faces challenges related to electronic communications, such as information exchange and negotiations with major online platforms. The article concludes that the market position of family businesses is often “deliberately weak” compared to large economic players. Therefore, family businesses urgently require special state support, the forms, conditions, and procedures of which should be established in legislation. Given that virtual markets will only strengthen their positions in the business world in the foreseeable future, family entrepreneurship legislation must already be structured with an emphasis on digital business technologies.

135-142 139
Abstract

The article examines and analyzes the directions of state policy in the field of entrepreneurial activity in the field of creative (creative) industries. The characteristic of the stages of development of legislation in this area is given. The basic concepts used in the field under consideration are investigated. Attention is drawn to the need to review the tax regulation of entrepreneurship in the field of creative industries

143-151 129
Abstract

The article examines the features of the legal status of family wineries and regulation of family winemaking business in Russia. The article considers current problems arising in the process of implementing the activities of family wineries, such as insufficient differentiation of regulation, complexities of licensing and certification, difficulties with registration of rights to land plots, financial and tax burden, inclusion in state support programs. The ways of solving these problems are analyzed through regional legal regulation. Special attention is paid to the connection between the family wine business and the goals and objectives of the national project “Family”, an analysis is made of the legal challenges faced by family wineries, their relation to regional support measures, and ways of solving the identified problems are proposed with the involvement of the capabilities of the national project «Family». The role of family values in overcoming the current legal challenges is designated.

SCIENTIFIC RESEARCH

152-159 130
Abstract

The article identifies the complex problem of divorce as an event that causes intense, usually negative emotions, changes in the mental state of the minor child of the spouses. It is noted that the current family legislation, which provides for the need to prioritize the interests of children, does not actually contain any real tools to take into account the interests of the child when his parents decide issues related to the place of residence of the minor and the procedure for communicating with each of the parents. The absence of an appropriate mechanism excludes the full provision of the interests of the child both when concluding an agreement between the parents and when resolving these issues in court. The special role of an expert is noted when the court appoints a comprehensive psychological and psychiatric examination, including when one of the parents intends to confirm the negative impact on the child from the other parent not only at the present time, but also in the future.

160-169 159
Abstract

The article examines the vectors of the impact of bankruptcy law on the family as a socio-economic community. The author formulates the main directions of such impact, analyzes the protective function of bankruptcy law implemented in relation to the debtor’s family. Proposes approaches to solving the problems of combining bankruptcy cases of members of one family, opposing the bankruptcy estate to the right of ownership, nominally registered by the debtor to a member of his family, bringing to tort liability a family member, establishing a balance of interests between the community of creditors and the debtor and members of his family.

REVIEWS

170-177 141
Abstract

This work examines the significance of family business for Russia from the point of view of economic and social factors. The author notes that family entrepreneurship contributes to job creation, company stability, and generational continuity, as well as building trust among customers and partners. An assessment is given of the collective monograph «Family and Women’s Entrepreneurship in the Paradigm of Private Law Regulation», which covers both general issues of entrepreneurial legal relations and specific aspects of family and women’s entrepreneurship, with an emphasis on harmonizing legal regulation in the context of technological change. It shows that traditional approaches in legal practice need to be replaced with more modern ones that take into account the values and specifics of family relationships. Conclusions about the legal status of family business as an integrated economic, legal, and social process emphasize the relevance of further research in this area.

TRIBUNE FOR YOUNG SCIENTIST

178-186 202
Abstract

The article examines the main models of legal regulation of trade (commercial) contracts in modern Muslim countries. Based on comparative legal analysis, two dominant models have been identified: quasi Western and fundamentalist, differing in the legal significance of Sharia, the degree of secularization of trade legislation, and approaches to structuring the system of trade contracts. Within the quasi Western model (using UAE as an example), there is a differentiation of the legal regime of trade contracts into secular and Islamic, while the fundamentalist model (characteristic, for example, of Saudi Arabia) is characterized by the direct application of Sharia and a unified religious-legal regime for trade contracts. It has been revealed that a common trend for both models is the codification of trade legislation, albeit with different goals: in countries with a quasiWestern model, codification aims at secularizing trade regulation with the allocation of a special religiouslegal regime, while in countries with a fundamentalist model, it focuses on systematizing the religious-legal regulation of trade activities.

LAW IN HISTORICAL REFRACTION. Legal heritage

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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)