Relevance. This study examines the legal rationale for prodigality as a basis for placing an adult under guardianship under Article 433 of the Indonesian Civil Code. The issue of prodigality raises concerns regarding financial mismanagement, potential harm to the individual, and legal safeguards to prevent economic instability. The research aims to explore the legal foundation of prodigality and identify the criteria for determining whether an adult should be placed under guardianship due to financial irresponsibility.

Methods and Methodology. This study employs a normative legal research approach, analyzing legal documents, statutory regulations, and judicial decisions related to prodigality in Indonesia. A doctrinal approach is utilized to examine the interpretation and application of Article 433 of the Civil Code, considering legal principles and case law that establish guidelines for guardianship decisions.

Results. The findings indicate that prodigality, as regulated under Article 433 of the Indonesian Civil Code, serves as a legal ground for placing individuals under guardianship. Courts assess financial mismanagement, the potential for significant economic losses, the presence of mental or physical disorders, and expert opinions to determine an individual’s financial competence. Judicial considerations focus on preventing further financial harm and ensuring economic stability through a court-appointed guardian. The study also highlights that Indonesian courts adopt a protective legal framework to balance personal autonomy and financial security.

Conclusion and Discussion. Article 433 of the Civil Code provides a legal safeguard to protect individuals from financial ruin due to prodigality. The application of guardianship involves a comprehensive assessment of financial behavior, mental health conditions, and expert evaluations. The study emphasizes the importance of judicial discretion in ensuring that guardianship mechanisms serve as a means of financial protection while respecting individual rights. Future research may explore comparative legal perspectives on prodigality and guardianship in different jurisdictions.

Introduction. The article is devoted to the study of legal culture as an important aspect of the life of society and the state. The role of legal culture in the formation of legal reality is considered, approaches to the definition and composition of legal culture are analyzed. Special attention is paid to rational legal choice as a component of legal culture. The purpose of the study is to identify the cause-and-effect relationships between the formation of legal culture and the influence of values on legal reality.

Methodology and materials. The research is based on an analysis of philosophical, sociological and legal theories, including approaches to culture and law as interrelated categories. The main methodological approach is theoretical and legal interdisciplinary analysis and invariant modeling.

Results. The paper identifies key theoretical components of legal culture, such as legal mentality, legal consciousness and legal activity. Fundamental role of rational legal choice, which forms the legal reality, is considered. Socio-cultural and eidetic values influencing legal culture are analyzed.

Conclusion. Assessing these values in the context of historical and social context allows for a deeper understanding of the impact on legal consciousness. The study highlights the importance of legal culture for the formation of legal thinking and legal decision-making. The practical significance of the research lies in the need to consider legal culture when developing legal norms and institutional changes.

Introduction. This article is dedicated to the natural law doctrine of the Dutch jurist Hugo Grotius, examined within the context of the evolution of historical types of rationality.

Methodology and materials. The study employs historical-philosophical, linguosemiotic, cultural, comparative-historical, legal-dogmatic, and systemic methods to investigate Grotius’s seminal work “On the Law of War and Peace.” In this analysis, Grotius’s views on natural law are juxtaposed with the writings of ancient Greek philosophers and Roman jurists, whose natural law doctrines embodied the essential characteristics of the pre-classical type of rationality.

Results and Discussion. Classical jusnaturalism, of which Grotius was a prominent representative, significantly influenced the development of legal science and scientific methodology. Its evolution encompassed several stages, corresponding to the main types of rationality and conceptual legal thought. During the pre-classical stage of rationality, shaped by the works of ancient philosophers and Roman jurists, the categorization of legal thought and the emergence of legal science took place.

The ideal of pre-classical rationality is the description and systematization of legal facts based on abstractly formulated general principles of natural law. The ideal of classical rationality, to which Grotius made a notable contribution, involves the typification of facts and the description of stable causal relationships among them.

Conclusions. The natural law ideas of Hugo Grotius are foundational not only to contemporary legal science but also contributed to the formation of modern legal systems, which are normative structures organized according to the principles of formal logic (both predicative and deontic).

Introduction. The article examines two fundamental interconnections in Adolf Reinach’s a priori theory of law, which are crucial for the correct interpretation of his phenomenological project. The main problem lies in the absence of methodological explanations in Reinach’s legal work, which complicates the reproduction of his phenomenological approach outside the context of positive law. The focus is, firstly, on the correlation between fundamental legal concepts and a priori laws rooted in the essence of these concepts, and, secondly, on the logical equivalence between individual social acts and the corresponding legal formations as temporal objects.

Methodology and materials. Aiming to reconstruct (using D. I. Lukovskaya’s interpretation method), the study is based on a conceptual-comparative analysis of Reinach’s A Priori Foundations of Civil Law and Husserl’s Logical Investigations.

Results and discussion. It is revealed that a priori laws are rooted in pure legal concepts, possessing timeless significance, while individual social acts and legal formations exist in time. A logical equivalence is established between the effectiveness of an individual social act and the existence of the corresponding temporal formation.

Conclusions. By comparing the predications of the categories “legal concept”, “a priori law which rooted in the essence of a legal concept”, “social act”, and “legal entity”, the author concludes that Reinach consistently uses these concepts in his legal study in accordance with the phenomenological methodology of Husserl’s Logical Investigations, despite the project of a priori legal theory having features of realistic phenomenology.

Introduction. The inclusion of the category “unified system of public authority” in the text of the Constitution has led to significant legal uncertainty, which is especially true for the question of the composition of the functions of public authority, the unity of which is the key content of public authority according to the legal positions of the Constitutional Court. The definition of the composition of these functions is necessary to define the boundaries of the unity and independence of the elements of public authority, to clarify the principles of federalism and the independence of local self-government.

Methodology and materials. Within the framework of this work, the author analyzes and summarizes the doctrinal sources that highlight the content of the category “function” in the context of the unity of public authority, as well as key scientific approaches to the concept of public authority itself. A systematic analysis of legislation, acts of the President and the Government, and the legal positions of the Constitutional Court was also carried out in order to determine the composition of the functions of the unified system of public authority.

The results of the study. It should be noted that the functions of public authority are currently uncertain due to the uncertainty of its scope of tasks. In addition, legal science lacks a unified understanding of public authority and, consequently, the functions it performs, which is manifested in a wide range of doctrinal positions regarding the nature, composition and tasks of public authority. Finally, the functions of public authority can be classified on the basis of their division into instrumental and substantive, of which the former are manifested in the activities of the State Council, and the latter are manifested in the solution of tasks by public authorities to ensure the exercise of rights by citizens and create conditions for the socio-economic development of the country.

Conclusions. Two groups of functions of the unified system of public authority have been identified: extraordinary functions, which can be implemented only in conditions of unity of action by public authorities, and functions for the socio-economic development of the country, which exist within the framework of the President’s goal-setting with the participation of the State Council and are determined at the regional and municipal levels through a system of performance indicators.

Introduction. The article focuses on the model legislation of the International Swaps and Derivatives Association, which has been publishing model laws for over-the-counter financial market participants for nearly three decades. The association has been extremely successful in this endeavor, with its model laws implemented in over 80 jurisdictions.

Methodology and materials. The research methodology is a combination of methods employed to achieve the research objectives. The doctrinal method is used for the direct analysis of the content of standard contracts and model acts of the Model Law on International Swaps and Derivatives Association (ISDA). Through a historical approach, a general context is provided that accompanied the development of the model laws discussed in this publication. The statistical method is applied to describe the favorable economic effects resulting from the implementation of the ISDA model legislation.

Research results and their discussion. The article provides a brief description of its activities, with a particular emphasis on its standard framework agreements and contractual terms widely spread in international commercial turnover. In particular the article dwells upon the procedure for termination of contractual obligations envisaged in standard agreements of the International Swaps and Derivatives Association and commonly known as close-out netting. The publication provides the grounds for international legal harmonization to achieve enforceability of contractual provisions encompassing close-out netting. It then examines the International Swaps and Derivatives Association model law published in 1996, which was primarily aimed at recognizing close-out netting provisions in all affected jurisdictions.

Conclusions. The third part of the article is devoted to the 2002 model law, which provided much-needed protection for collateral provisions. The article concludes with recommendations for amending domestic contractual standards governing derivative financial instruments to bring them in line with recommendations of International Swaps and Derivatives Association. The said reform may overall contribute to competitive strengths of domestic financial market.

Introduction. International economic sanctions are an important factor that inevitably affects the formation and development of internal and external corporate processes.

Methodology and materials. The main purpose of this article is to formulate practical recommendations for the protection of corporate shareholders’ rights in the current sanctions landscape, as well as to analyze existing protection mechanisms and adapt them to new legal and political realities. To achieve this purpose, the author used both philosophical and general scientific methods of cognition, as well as methods specific to legal science. The main theoretical basis of the research was the works of domestic and foreign scientists in the field of international private and public law, as well as researchers of corporate law and sanctions compliance.

The results of the study and their discussion. The author reveals the concept of corporate relations and offers his typology of subjects of corporate relations, taking into account modern corporate ownership and control structures in Russian corporations. Modern sanctions realities have forcibly expanded the range of subjects of corporate relations, actually including former majority shareholders who retained the mechanisms of influence on the company and/or have mechanisms for its return (for example, in the form of an option agreement). At the same time, modern sanctions affect important rights of the company’s shareholders, such as the right to receive dividends, to participate in and vote at general meetings, as well as to engage in business activities in general.

Conclusions. The very fact of influencing the company and exercising any form of control over it indicates that the person is a subject of managerial, corporate relations. The whole set of legal mechanisms for minimizing sanctions risks and their consequences for shareholders and participants of companies can be divided into corporate methods (for example, changing the ownership structure of the company) and contractual (such as an option agreement and a corporate agreement). The author provides recommendations on the most effective use of such methods in corporate and contractual practice through the disclosure of key provisions of corporate and option agreements. At the same time, it is important to understand that none of the methods described in the article is a guarantee of the complete exclusion of sanctions risks for shareholders and the protection/restoration of corporate rights in full.

Introduction. Digital platforms (marketplaces) have transformed trading, making it more convenient and accessible. However, along with the growth of the online retail market in Russia, legal problems have arisen. The lack of a clear legislative definition of a “marketplace” and special laws on trading on these platforms makes it difficult to establish rules and standards to protect consumer rights, as well as ensure business safety and efficiency. This makes the field of marketplaces interesting to study from the point of view of civil law.

Methodology and materials. The research is based on the judicial practice of arbitration courts on dispute resolution issues arising from trading on marketplaces. The research methods are general scientific methods, comparative legal methods.

Research results and their discussion. In the Law on Consumer Protection, marketplaces are considered as “owners of aggregators” acting as intermediaries between the seller and the consumer, as opposed to direct electronic commerce, which is their main distinguishing feature. The analysis of judicial practice revealed the main variations of problematic disputes that arise, including infringement of sellers’ rights by the terms of the offer, copyright infringement, distribution of counterfeit goods, claims to the quality of goods and unscrupulous consumers. In such cases, consumers can defend their rights in court or by contacting the seller directly. However, the lack of specific legislative regulation of marketplaces leads to the fact that they set their own rules, which creates unpredictability and difficulties for consumers.

Conclusions. In order to effectively regulate marketplaces, it is necessary to amend the legislation. First of all, a legislative definition of the term “marketplace” is required in the law “On Consumer Protection” for a clear allocation of responsibility. It is advisable to develop a separate law on marketplaces, paying special attention to the mechanisms for filing and reviewing complaints, as well as dispute resolution.

Introduction. The processes of digitalization of various relations, the transition to the data economy raise questions related to the transformation of the current legal regulation by developing new and optimizing existing legal regimes in the field of data. Of particular importance are the relations in which big data is processed or circulated.

Methodology and materials. The purpose of the article is to study various types of legal regimes of big data, especially generally permissive, permissive and binding, and to determine the directions of development of legislation in relation to various types of legal regimes of Big Data. When writing the article, both general scientific and specific methods were used: analysis and synthesis, induction and deduction, systematization, comparative legal, historical methods.

Results of the study and their discussion. Based on the legal understanding of the term “data”, big data should be understood as information. However, issues related to ensuring the circulation of big data, protecting human rights also arise in connection with the use of algorithms, invasion of privacy, and infringement of certain rights. From the point of view of the formation of legal regimes of big data, it is more convenient to separate big data as an array and as a technology. One of the elements of the content of the legal regime are legal means. Depending on the dominance of certain types of legal means, legal regimes of big data can be divided into generally permissive, permissive and mandatory. In each legal regime, similar means of legal regulation can accumulate both in relation to individual types of data and depending on the nature of the relations developing regarding their circulation or processing.

Conclusions. The directions for the development of the generally permissive legal regime of big data are determined in terms of the need for clear regulation of the processing of data that are not limited in circulation. With regard to the permissive regime, the criteria for determining the good faith use of training data are identified. In the sphere of the binding legal regime of data, the issues of ensuring information security are considered. The study of types of legal regimes will allow us to determine possible directions for changes in domestic legislation in areas related to the processing and circulation of big data and the use of Big Data technology.

Introduction. The interaction between state courts and arbitral tribunals in the process of resolving international commercial disputes continues even after arbitral awards have been issued. In the article, the author analyses the role of state courts in the process of setting aside arbitral awards and the particularities of exercising their respective powers in Russia, France and England. The relevance of this study is determined by the fact that defining the role and limits of the powers of state courts in this area is crucial for ensuring the effectiveness of arbitration, which is by far the most popular method of resolving international commercial disputes.

Methodology and materials. The aim of this article is to identify issues arising from exercising respective powers by Russian, French and English courts and to develop coordination mechanisms for their effective co-operation with arbitration. In the course of the work the author combined general-theoretical and private law methods of research, specifically: historical-legal, comparative, analysing and generalising scientific, statutory and practical materials and the method of system analysis. The theoretical basis of the study is represented by the works of national and foreign researchers in the field of international commercial arbitration. The empirical basis of the study is judgements of domestic and foreign state courts.

The results of the study and their discussion. In the French and Russian jurisdictions, the main issues arise in the context of setting aside arbitral awards on the ground of contradicting public policy; in the English jurisdiction — mainly in connection with the appeal of arbitral awards on questions of English law.

Conclusions. The author concludes that, in both cases, the issues can be resolved if the state courts apply the said grounds only in exceptional cases and discreetly exercise their powers in this regard.

Introduction. The article examines a number of problems of law enforcement of Article 13.3 of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”, which establishes a general obligation of any organizations to develop and take measures to prevent corruption, in terms of the imperfection of the legal structure of securing such an obligation and the measures proposed in this regard, as well as the insufficiency of mechanisms to stimulate organizations to carry out the relevant work.

Methodology and materials. The purpose of this study, based on the analysis of a wide range of regulatory material, including current foreign legislation, acts of “soft law”, is to formulate specific proposals for the successful resolution of these problems using the formal legal and comparative legal method, the method of legal modeling.

Research results and discussion. As a result of conducting this study, through the prism of the established law enforcement practice, domestic and foreign experience, the author analyzed the problem of the lack of a mechanism for directly securing the legal responsibility of organizations (managers) for failure to take measures to prevent corruption, a differentiated risk-oriented approach in terms of establishing measures to prevent corruption taken by organizations, as well as formalized legal measures to encourage organizations to develop and implement anti-corruption mechanisms in their activities.

Conclusions. The conducted study made it possible to formulate and substantiate specific proposals in terms of securing direct legal (administrative) responsibility of organizations for failure to develop and take measures to prevent corruption, categorical differentiation of organizations based on a risk-oriented approach with the establishment of mandatory anti-corruption measures for each of the relevant categories, formulation and securing in the established manner measures of “positive” stimulation (encouragement) of organizations to develop and apply in their activities appropriate measures to prevent corruption, taking into account individual existing judicial practice and the balance of interests of stakeholders.

Introduction. The imposition of punishment is an important type of law enforcement activity, which is of fundamental importance for achieving the required indicators of law and order in the Russian Federation and any other state. High-quality monitoring of intermediate and final results of the imposition of penalties requires that the subjects assess their deep involvement in the relevant processes and objectivity in their views. The Prosecutor’s Office of Russia, by virtue of the powers exercised and its specific constitutional and legal status, is a unique body whose employees provide supervisory support for the imposition of penalties and their subsequent execution. The purpose of the study is to identify and summarize the opinion of prosecutors on the problems and prospects of the relevant activities for the further practical use of the obtained data.

Methodology and materials. In the course of the study, the author refers to the doctrinal positions and the results of a sociological survey of prosecutors conducted at the Irkutsk Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation in 2023. Using the IBM SPSS Software software product, the obtained sociological data were formed in the form of visual tables, their primary analysis was carried out. In addition to general scientific and sociological methods, the study involved special legal methods, including formal-legal and system-legal, and used the tools of legal hermeneutics to identify legal meanings in the obtained array of information.

The results of the study and their discussion. Based on the results, conceptual provisions were formulated regarding the factors influencing the process of imposing penalties and related issues. The problem of taking into account the legal positions of higher judicial authorities in law enforcement activities on imposing penalties, as well as the effectiveness of individual law enforcement agencies, is partially considered.

Conclusions. The author concludes that the effect of optimizing the procedures associated with imposing penalties should be associated with a decrease in the burden on the law enforcement system with a simultaneous increase in the preventive effect of imposing (threat of imposing) penalties. Further prospects for using the results of sociological research in the field of imposing penalties are outlined.