Zaitsev Oleg V.

The issues of protecting the rights and legitimate interests of children are becoming an increasingly frequent focus of legislators’ attention, both at the federal and regional levels. This leads to the adoption of numerous normative legal acts, some of whose provisions are not always harmonized with one another, resulting in significant difficulties in legal practice. In addition, the issues that have not received a consistent doctrinal basis within one branch of law affect law enforcement in another. Another issue is that different scholars in the legal and medical sciences have different perspectives on the same situation. The author discusses the need for systematizing legislation in this area, citing both historical and foreign experiences while addressing specific issues with the legal regulation of relationships involving children. According to the author’s opinion, codification for these purposes is hardly applicable, considering the methods of implementation that have been developed in Russia. Given this, the practicality of applying the Code of Laws to these objectives is supported, outlining the primary methods used in its creation.

There has been a revision of the 1980 Hague Convention on the Civil Aspects of Child Abduction to ensure the immediate return of illegally removed or abandoned children to their state of habitual residence to reduce the detrimental effects of unilateral parental action. In recent years, the methods of child abduction and the legal landscape associated with judicial decision-making have changed dramatically. The authors conclude that on the part of the courts, various circumstances may indicate a “grave risk” of causing “physical or psychological harm” or creating “intolerable conditions” for the child. After analyzing the information received, the authors conclude that jurisprudence in this direction is becoming more and more universal. This is also facilitated by the development of the Guide to Good Practice under the HCCH Convention of October 25, 1980.

The article is a continuation of the expert discussion ‘Legal education and the labor market. Transformation or stagnation in the digital economy’, uniting the leaders of leading Russian and foreign law schools, the scientific, pedagogical community at the Gaidar Forum 2020. The authors consider a wide range of issues related to the characterization of the current state of legal education, its integration into the Bologna system, noting the importance of the application of traditional methods and means of teaching law, taking into account modern realities. Particular attention is paid to the traditions of teaching law laid down by Roman lawyers, the history of the formation and development of domestic jurisprudence, as well as modern discussions on a given topic, in which representatives of the scientific community and practical lawyers take part. The authors draw attention to issues related to the new content of curricula and new ways of regulating legal education. The topic of state accreditation of educational programs in the field of jurisprudence and the role of the Association of Russian Lawyers in this process also seems important. The analysis of the main features of modern law is carried out, necessitating the comprehensive improvement of modern legal education. As a possible measure of the quality of legal education, the introduction of a single exam for entering the profession is proposed.

The Features of the Russian jurisdiction, its gaps and recommendations to address them were considered by expertsduring the section of the Gaidar forum «Russian jurisdiction: factors of attractiveness and competitiveness», organized by theInstitute of public service and management. The following overview of the work of the section focuses on the General opinion ofthe panellists on the importance of the state creating an environment in which business of varying degrees of capitalization wouldfeel comfortable. Business development allows to maintain a competitive environment in the country, create additional jobs, servesas the engine of the economy, increases the degree of responsibility of citizens and their involvement in national development.The problems of comfortable business development include many aspects, such as clear and rational taxation, transparentprocedures for registration and reporting of companies, convenience and minimum time spent in the necessary contacts withgovernment agencies, finally, predictable and fair, based on sound legislation, judicial procedure for resolving economic disputesarising in the course of business. In today's globalizing world, which has virtually no borders, there is a growing struggle amongStates to attract business to their jurisdiction. To create a favorable environment for entrepreneurs, investors, to become attractivefor doing business - this is the task for the future experts who participated in the discussion. During the meeting, the nationalreport «Competitiveness of the Russian jurisdiction» was presented, where the researchers conducted a detailed analysis of thelegal system and formulated recommendations to improve the competitiveness of the domestic jurisdiction.

Elements of ‘soft power' are particularly active and effective during the period of the use of hard power associated with military and / or economic coercion to correct the behavior of a country. Foreign states are using hard power, but the Russian academic society is building up ‘soft power'. Universities can always act as a mediatory platform for resolving difficult situations, even including foreign policy. The provisions of the Bologna Declaration were established as measures of the voluntary process of harmonization, and not as the strict legal obligations. Until today all the recommendations of the Bologna process were formalized by the relevant communiqué. One of the main principles of the Bologna Convention is the principle of unification of credits, which is reflected in the Federal law of the Russian Federation of December 29, 2012 № 273-FZ ‘Education in the Russian Federation'. Russia views the internationalization of education as a significant element in improving its quality and integrating science. This issue may become a key one in modern conditions. The highest level of development of international cooperation of universities is the implementation of dual-diploma programs. Such programs belong to the exclusive model of lawyers training, as they include a list of proposals for students, the implementation of which requires the University significant organizational, personnel and methodological costs.

The public corporation is used in all modern legal systems. It has been the used form for more than one century in the USA and Western Europe in wide range of different spheres. In Russia public corporations were established for achievement of public goals. However, during their existence the state corporations have generated a significant number of both theoretical and practical issues relating to their legal registration, status and activities. The outcome of this uncertainty was the need for a revised approach to the establishment and functioning of state corporations. The futility of their existence was emphasized at the highest level including the President of the country in 2009. So, it was concluded that it was necessary to terminate their activities. The corporations, the timeframes of which were determined by the law, required liquidation. The corporations working in the commercial, competitive environment were transformed into joint-stock companies controlled by the state. In foreign practice, state corporations are often initially created as a transitional form for private corporations and demonstrate their effectiveness and necessary assets. A joint-stock company as a form of transformation of the state corporation looks most attractive from the point of view of the transparency of its future activities. The specifics of the approach to the reorganization of public corporations is largely due to the essential peculiarity of the Russian model of such legal entities. Emphasis should be put on the problem of acquisition of non-core assets by such corporations, as well as curbing illegal practices for gaining competitive advantage in commodity markets.

The problem of choosing the type of legal entity for solving social and economic problems and security tasks facing the state continues to be one of the disputable issues in the Russian legal doctrine. One of the attempts to improve the situation was the adoption of the Federal law ‘On public-law companies in the Russian Federation', which proposed a new organizational and legal form of a legal entity. In accordance with it, a public law company is a unitary non-profit organization created by the Russian Federation, endowed with functions and powers of public legal nature and carrying out its activities in the interests of the state and society. A public law company can be established on the basis of the federal law or the decree of the President of the Russian Federation and acts on the basis of the decision to establish a public-law company and the statute approved by the Government of the Russian Federation. The statute reflects the purpose for which such company was created. The article assesses the effectiveness of the introduction of a new type of legal entity in the civil law of Russia without developing a common universal approach for solving this problem. Based on the division of the law into private and public, the attempt is made to comprehend the legal status of the public - law company in the system of legal entities in the Russian Federation. The analysis of Russian legislation in the article shows that public-law companies have much in common with state corporations. The author points out that the degree of concretization of general provisions on the system of management bodies, the issues of accounting and reporting organization, internal control and audit differs significantly for a public- law company and a state corporation.