Inshakova A.O. Features of the Legal Development of Debt Relationships in Modern Russia
DOI: https://doi.org/10.15688/lc.jvolsu.2023.4.1
Agnessa O. Inshakova, Doctor of Sciences (Jurisprudence), Professor, Honorary Worker of Higher Professional Education of the Russian Federation, Honorary Worker of Science and High Technologies of the Russian Federation, Expert of the Russian Academy of Sciences, Head of the Department of Civil and International Private Law (Base Department of the Southern Scientific Centre of the Russian Academy of Sciences), Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-8255-8160
Abstract. Relevance of research. The editor-in-chief’s column analyzes the topic and content of the key heading of the current issue of the journal “Legal Concept = Pravovaya Paradigma”, entitled “The Evolution of Some Types of Debt Relationships in the Russian Federation”. The prepared issue deals with the implementation of certain provisions of the law of obligations after the 2015 reform. The scientific and practical significance of the papers presented in the feature topic of the issue is analyzed. The scientific novelty of the conducted comprehensive legal research reflected in the heading “The feature topic of the issue” is based on the results obtained by the authors of the scientific papers that have touched on the specifics of the content of certain types of obligations. Many of the most controversial issues related to both traditional and modernized legal regulation are also analyzed. The methodological framework for intersectoral legal research is traditionally made up of the general scientific methods of cognition used in the social sciences and humanities in general, including in law. Among the most significant general methods of cognition is the method of historical materialism, as well as the general logical methods of analysis, synthesis, induction, and deduction. The special and private methods are presented in the scientific papers under the heading mainly formal legal and comparative legal methods. Results. It is revealed that some provisions of the law of obligations that are subject to modernization have generated theoretical discussions and some difficulties. This topic is relevant for scientific papers presented in the key heading of the journal. Conclusions. Taking into account the opinion of specialized professionals as well as the analysis of the legislative innovations, the conclusion is substantiated that the main purpose of the mandatory legal reform is to streamline and clarify the provisions of the Civil Code of the Russian Federation. This statement is explained by the lag of the legislation from objective legal reality and the development of judicial practice, during the formation of which numerous attempts were made to fill the legal gaps and level out emerging problems. It is established that many controversial issues related to the reform of the law of obligations and the modernization of the special legislation that regulates certain types of debt relationships have been covered within the framework of the feature topic of the prepared issue of the journal “Legal Concept = Pravovaya Paradigma” – “The Evolution of Some Types of Debt Relationships in the Russian Federation”.
Key words: civil legislation, law of obligations, reform of the law of obligations, convertible loan agreement, collateral management agreement, procurement legal relations, digital financial assets.
Citation. Inshakova A.O. Features of the Legal Development of Debt Relationships in Modern Russia. Legal Concept = Pravovaya paradigma, 2023, vol. 22, no. 4, pp. 6-12. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2023.4.1
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