Suchergebnisse

Background: In 2009, the Russian legislation established the institution of bringing to subsidiary responsibility the head of the debtor, as well as other persons controlling the debtor for causing harm to the debtor who is unable to satisfy all creditors' claims. To correctly interpret and apply the norms of law, the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 53 was adopted in 2017. Despite this, not all gaps related to bringing the debtor's controlling persons to justice have been resolved. Objective: The authors aim to identify the problems of legal regulation of bringing to subsidiary responsibility of persons controlling the debtor in the event of bankruptcy of the debtor. Methods: the disclosure of the topic was carried out from the standpoint of general scientific methods (systemic, structural-functional, historical), the method of theoretical analysis, private scientific methods (comparative jurisprudence, technical and legal analysis, concretization, interpretation). The methodological basis of the study was the method of the theory of knowledge. Results: The problem of the subjectivity of assessments in court is revealed and solutions are proposed. The conditions for bringing persons to subsidiary liability of persons controlling the debtor are determined.

The objective of the article was to determine the essence and legal implementation in Russia of principles such as: independence of the judiciary, relative truth, contradictory nature, legal certainty of judicial acts and discretion. In the countries of the Roman-Germanic legal order, it is no coincidence that legal principles are of great scientific and applied importance. The presence of a certain system of procedural principles makes it possible to assess the existence of justice in the country, the stability of a judicial decision and the fairness of judicial acts. Thus, the principles of the law directly affect the level of legality in each state. Currently, some procedural principles give rise to a discussion in Russian doctrine about their essence and content. The topic is presented from the point of view of general scientific methods (systems analysis, structural and functional, historical), the method of theoretical analysis, specific scientific methods (comparative jurisprudence, technical and legal analysis, concretization, interpretation). The theoretical basis was cognitive theory. It is concluded that the principle of the independence of the judiciary is not fully operational in the Russian Federation.

The article analyzes the existing health models in terms of their legal, economic and social effectiveness, innovative potential, as well as in the context of their ability to resist modern threats caused by changes in the environment, ecology, bio-information development and other technologies. The authors used the methods of comparative analysis, synthesis, structural-functional and statistical analysis. Everything indicates the need for a major modernization of existing care models and / or their replacement by new ones that satisfy the basic needs of the majority of society at the current stage of its development. Among the most prominent findings, it is also highlighted that the health insurance model is a creation of the late 19th and early 20th centuries. It was developed and implemented at a time when the economy, society, the social sphere, and technologies were completely different. The 2020 pandemic has revealed the reasons for the unsatisfactory health care work, in a seemingly as prosperous country as the United States, where the largest amount of budget money traditionally goes to health care.