The hereditary fund is a new and not fully explored form of a legal entity. Having appeared in 2018 as a bright prospect of existence in the national legal field of trusts, the inheritance fund very quickly showed all its few pluses and numerous minuses, reflecting the haste of its introduction into the Civil Code of the Russian Federation. It is worth emphasizing that the development of national inheritance law is necessary. The desire to use foreign experience in this development is reasonable and justified. However, the blind copying of trust legislation, together with the use of an inappropriate form of a Russian legal entity, namely a «fund» became a determining factor for turning a promising civil law institution into a non-working mechanism. The hereditary fund, having become the fundamental and first personal fund in the Russian Federation, after a reasonable, but not eliminating all the shortcomings of the reform in July 2021 after the entry into force of the Federal Law of July 1, 2021 № 287 «third of the Civil Code of the Russian Federation» on March 1, 2022, is now more likely a sub-institution or one of the varieties of personal funds. This article provides a detailed analysis and a scientific and legal assessment of the existence of personal and hereditary funds. The author’s position is formulated on the reasonableness of using the term «fund» when introducing trust law into the national legal field. The author defines the prospects for the existence of hereditary funds, both formal legal and practical, and also formulates proposals for improving legislation in order to increase its prestige and the interest in it of owners of large capitals in Russia.
The features of proof in civil proceedings in the era of the spread of a new coronavirus infection are considered. The current state and prospects for the use of video conferencing and web conferencing systems, as well as the use of electronic documents are analyzed. The subject of the study is the legal regulation of evidence in civil proceedings during the spread of coronavirus infection. The purpose of the work is to describe and analyze the specific features of the evidence process in civil cases during the spread of coronavirus infection. The following tasks have been set and solved: to describe the legal regulation of the process of proof in civil proceedings, taking into account new realities; establish the features of evidence during the spread of coronavirus infection. Research methodology: analysis, comparative legal method, dogmatic method, systematic approach, synthesis, which made it possible to learn in the work various ways of proving in civil proceedings and the specifics of new ways of proving during the spread of a new coronavirus infection. The results of the work are proposals for improving the evidence process in civil cases using modern technologies. The scope of further application is quite extensive: it is not limited only to practical recommendations addressed primarily to the professional community of practicing lawyers, but can also cover the scope of activity of legal theorists, becoming the basis for further research on the topics presented. In addition, the results will be useful in studying the block of procedural and legal disciplines. Based on the results of the study, new ways of organizing the civil process and new ways of proving in the context of the development of modern technologies were proposed.
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