ARTICLES
The financial services market is an important and integral element of any economic system. In the Russian Federation, it is developing quite successfully and at a rapid pace. Along with the positive changes in society, it is logically reasonable to note the growth in the number of illegal organizations, whose activities are carried out outside the “legal field”. Such organizations can be either companies that do not have a license in cases where it is required, or companies that are simply not included in the register of the Bank of Russia; in other cases — simply fraudulent organizations engaged in the provision of services under the guise of carrying out activities in the field of finance. Illegal activities in the financial market undermine confidence in the financial market and form a negative opinion of the population about financial organizations in general. The article considers actual problems of determining the main directions of criminal activity in the financial market of Russia and establishes cause-and-effect relations with criminal-legal support of this sphere of legal relations. As a result of the analysis, the author has identified new features of the main directions of criminal activity in the financial market, determined their qualitative features and established a number of risks in the sphere of criminal-legal support of the financial market.
The article discusses the issues of legal protection of the right of a citizen to a name or pseudonym in the system of legislation of the Russian Federation. The authors analyze various aspects of this right in the constitutional-legal, civil-law, and family-law contexts, as well as in the framework of copyright and patent legal relations. In addition, it is emphasized that the digitalization of society requires the development of a mechanism for the realization of personal non-property rights, including the right to a name, in virtual space. The ways of judicial protection of this right, especially the possibility of applying the institute of compensation for moral damage in case of its violation, are also considered.
The relevance of the topic is explained by the current conditions of development of the rule of law in terms of establishing the traditional form of judicial protection of human and civil rights in conflict resolution. This fact was a consequence of the positive dynamics and growth of citizens’ appeals to the court: according to the information provided by the Legal Information Agency, at the end of 2020, a total of 20,773,356 cases were considered in civil proceedings, the share of satisfied of which amounted to 98%. These indicators for the same period of 2019 have undergone a change: the number of cases considered in total for the country increased by 9.5% (18,804,923 cases), the share of satisfied 97%.
Many legal researchers note the overload of the domestic judicial system, due to the fact that the number of fi led lawsuits in courts of general jurisdiction and arbitration courts is so high, the judicial apparatus cannot cope. With the aim of normalizing the activity of courts, the legislator in the Federal Law of 27.07.2010 No. 193-FZ “On alternative dispute resolution procedure with the participation of a mediator (mediation procedure)” enshrined the institute of mediation, which is able to resolve conflicts out of court.
This article presents a study of the problem of identification of types of jurisdictional form of protection of subjective rights. The analysis and conclusions are derived by the authors through the consideration of judicial and administrative orders of protection, and ways to improve the current judicial system of the Russian Federation are proposed. The form of rights protection in the study is considered from the point of view of a set of internally coordinated, organized measures for the protection of subjective rights. Of particular interest is the diversity of forms of rights protection due to the specificity of the rights to be protected, as well as legal traditions that determine the complexity or, on the contrary, the simplicity of the established legal relations.
ISSN 2686-7885 (Online)