ARTICLES
There is a sharp distinction between the rationale for granting diplomatic immunity and the practices of abuse. These practices are not even remotely connected with the uplifting of the undermining rationale of granting diplomatic immunities. Immunities should be granted based on a functional necessity instead of the personal advantageous sought and gained through the process. While many countries have both signed and ratified the Vienna Convention on Diplomatic Relations of 1961, which is seen as an incorporation of the, then existed customary laws on the subject, there are some grey areas which have been continuously abused. The immunity granted for the diplomatic mission and for the diplomatic bag has been the most abused immunity found in the contemporary practices. While there has been suggested reforms that range from isolating abusive countries to creating a fund to compensate victims, at the practical level none of these solutions have worked and some have not even been tried out. While there are instances of abuse, no country has ever doubted the importance of the Vienna Convention on the subject and many are trying to lessen the abuse of diplomatic immunities. This article explores the historical development of the diplomatic immunity, the chronological order of the history of the Vienna Convention and its key provisions, the actual state practices, the instance of abuse, and possible reforms suggested in mitigating the abuse.
The general theory of contractual legal regulation is defi ned as a system of theoretical views and initial scientific provisions, expressed in the categorical and conceptual apparatus of the general theory of law, which makes it possible to reveal the essence and content, functions and forms of manifestation, levels and types of impact on social relations using contractual regulatory means.
The doctrinal characteristics of the theory of contractual legal regulation within the framework of this article is revealed in three aspects: (1) the genesis of theoretical knowledge about contractual regulatory activities; (2) identifying the epistemological, ontological and axiological foundations of the theory of contractual legal regulation, (3) forming the structure of the general legal theory of contractual regulation.
Legal reforms that are regularly carried out in many countries of the world have put on the agenda the problems of efficiency of all types of legal activities. An important place among them is occupied by issues of efficiency of civil litigation. It is known that efficiency characterizes the implementation of the goals of civil proceedings. However, there is no single answer to the question of what the goals of the civil process are today. Researchers have expressed a variety of positions on this issue. The article presents an analysis of existing views on the goals of civil proceedings, including based on methods of Law and economics; an attempt is made to synthesize a common understanding of the goals of civil litigation, which allows to give an objective assessment of its effectiveness. The main goal of civil litigation is considered the effective protection of the rights and legitimate interests of participants in legal relations, correlated with the actual results achieved and the costs of court proceedings.
COMMENTARIES
The constitutional reform carried out in our country, the new look of several dozen articles of the fundamental law indicate that the main vector of Russia’s development over the coming decades is the implementation of the idea of a social state. The social orientation of constitutional norms obliges the branch sciences to also reflect on the problem of target regulation in the selected vector of social orientation. Thus, the social orientation of civil law regulation becomes an urgent task of civil science.
The article analyzes the origins of the ideas of the social orientation of legal norms contained in the works of the great humanists (T. More, T. Campanella). Even back then, it was clear that the satisfaction of human needs directly depends on a specially created and effective mechanism of legal regulation.
The author dwells on the analysis of the norms of the constitutions of several dozen countries of the world in order to create a collective image of a modern social state. Taking into account the experience of social policy of the leading countries of the world, the author was able to draw the necessary conclusions, which are important to consider when targeting the modernization of civil law norms.
In conclusion, the author notes that the goal of the sectoral civil legislation is to create a socially oriented economy, which implies equal opportunities for participants in civil life and allows for the welfare of individuals. The importance of giving a social function to the right of ownership is proved, the content of which must be ensured by the totality of property law norms.
CONFERENCE REVIEWS
The article tells about the events that took place at the Law Faculty of Kazan (Volga Region) Federal University during the coronavirus pandemic. Th e leadership of the faculty made an important decision to hold all the traditional events for the Faculty of Law in a new, previously untested format. And the work highlights the holding of five events: the 15th Anniversary Model Judicial Process “All-Russian Judicial Debates”, an interdepartmental online round table: “Actual problems of business in connection with the COVID-19 pandemic”, a round table “Veterans of the Faculty of Law on the Way to Victory: Scientific and pedagogical heritage”, the Final scientific and educational conference of KFU students. Th e article reveals the scientific, educational and practical component of the activities. It also tells about the assistance of teachers, researchers and representatives of the judicial and law enforcement system in holding events that are significant for the Faculty of Law. The work highlights the main stages of these events and their participants. The article reveals the topical issues of legal reality, touched upon in the framework of the events, and talks about the results that came when discussing these legal problems.
ISSN 2686-7885 (Online)