Fiduciary management and fiduciary ownership in the post-Soviet countries: experience of Ukraine, Republic of Moldova, Republic of Belarus and Russian Federation

2020 ◽  
Author(s):  
Kateryna Nekit ◽  
Volodymyr Zubar
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Distinctive Features ◽  
Republic Of Moldova ◽  
The Russian Federation ◽  
The Common ◽  
The Republic ◽  
Similar Solutions ◽  
Distinguishing Features ◽  
Insight Into

Abstract The focus of this research is to define the common and distinctive features of the approaches used by lawmakers in the post-Soviet states (Ukraine, Republic of Moldova, Republic of Belarus and Russian Federation) for the purpose of implementing fiduciary management and fiduciary ownership institutes into their respective national laws. It has been established that over the course of the fiduciary management and fiduciary ownership institutes development in the countries referenced above, similar solutions were initially applied. Thus, an effort was made to implement the institute of trust inherent in the common-law countries into the systems of civil law. However, the effort did not come to fruition and that resulted in the fiduciary management institute being implemented. However, notwithstanding the similarities in the general approaches to determining the content of the fiduciary management provisions in all post-Soviet countries, the situation in Ukraine came out to be different from that in other countries. Following the adoption of the Civil Code (CC) of Ukraine with the fiduciary management institute enshrined therein, the Code was amended by adding the provisions on fiduciary ownership, but typical for the Civil Law countries. Over a long period of time, the Ukrainian legislation was the only one that referred to the institute of fiduciary ownership (fiducia), but due to recent dramatic overhaul, the CC of the Republic of Moldova was amended by the provisions on fiducia as well. This research represents a review of modern statutory provisions of Ukraine, Republic of Moldova, Republic of Belarus and Russian Federation covering fiduciary management and fiduciary ownership, including identification of common and distinguishing features thereof. It is found that as of today, the laws of the Russian Federation and Republic of Belarus do not go beyond fiduciary management, whereas those existing in the Republic of Moldova and Ukraine refer to both fiduciary management and fiducia institutes. Outlined in the research are differences between fiduciary management, trust and fiducia. The research also offers an insight into the degree of influence the Draft Common Frame of Reference and provisions of the CC of Romania and CC of France, those related to trust and fiducia, had on the formation of fiduciary ownership concept in the legislation of the Republic of Moldova. Also included in the research is the analysis of the latest changes in the legislation of Ukraine, related to the introduction of fiduciary ownership as a means to secure the performance of obligations.

EXTERNAL AND INTERNAL FACTORS OF EVOLUTION OF THE EURASIAN TRACK OF THE REPUBLIC OF MOLDOVA’S FOREIGN POLICY

2021 ◽  
pp. 177-192
Author(s):  
Nicole BODISHTEANU
Keyword(s):  
Foreign Policy ◽  
Cultural Values ◽  
Russian Federation ◽  
Soft Power ◽  
Recipient Country ◽  
Internal Factors ◽  
Republic Of Moldova ◽  
The Russian Federation ◽  
The Republic ◽  
Policy Direction

The author considers main external and internal factors of the formation of the Eurasian track in foreign policy of the Republic of Moldova from 2009 to 2020. Among main internal factors of the development of the Eurasian (as opposed to European) track of foreign policy, the author singles out: 1) coming to power of the pro-Russian president I. Dodon; 2) current orientation of the economy on the market of the CIS countries; 3) pro-Western parliamentary contingent and representatives of the Party of Action and Solidarity led by M. Sandu, who, on the contrary, helps to blur this track. Among external factors, the author does put an accent on: 1) the influence of the Ukrainian crisis on public opinion of Moldovan citizens towards Western institutions, and as a result, the growing popularity of the «pro-Russian» foreign policy direction; 2) «soft power» of the Russian Federation, mostly concentrated on a common language (Russian) and cultural values (literature, historical past, etc.); 3) willingness of Eurasian partners (mainly the Russian Federation) to provide assistance in crisis situations at no cost, unlike European and Western institutions, which traditionally indicate a number of democratic transformations in the recipient country as one of the conditions for providing assistance. The author comes to the conclusion that the Eurasian track of the foreign policy of the Republic of Moldova is still in its «infancy», but it has great potential and promises interesting prospects for a small state with a favorable geographical position, located at the crossroads of the most important transport routes between the West and the East.

scholarly journals EU’s Resilience in the Eastern Partnership Region vs Russia’s Hybrid Aggression

2021 ◽  
pp. 78-86
Author(s):  
Oleh Kozachuk ◽  
Grigore Vasilescu
Keyword(s):  
Russian Federation ◽  
Academic Research ◽  
Third Party ◽  
Eastern Partnership ◽  
Republic Of Moldova ◽  
Eastern Partnership Countries ◽  
The Russian Federation ◽  
The Republic ◽  
Sphere Of Influence ◽  
The Eu

The article examines the issues of counteracting the hybrid aggression of the Russian Federation in the countries of the Eastern Partnership. It is stated that European Union has been implementing the Eastern Partnership policy for more than ten years. This implementation has been a resounding success for all, without exception, the six target states. Ukraine, the Republic of Moldova and Georgia have advanced much more in their European aspirations. However, this does not stop the Russian Federation from further positioning all the states that were once part of the USSR as a sphere of its ultimate influence. Russia is also producing rivalry with the EU for influencing all, without exception, the Eastern Partnership states and even the EU. An overview of academic research analyzing the resilience of the EU in the face of Russia in the context of its impact on the Eastern Partnership countries is set out in this article. Some approaches have been used to define the EU as a “normative power” and Russia’s controversial policy towards neighbouring countries. The examination of the works described in the article concludes that the Russian Federation continues to regard neighbouring states as its sphere of influence, particularly Ukraine, Moldova, and Georgia. Moscow considers any attempt by a third party to interfere as an intrusion on its unique field of power. As can be observed from the investigated sources, Russia’s activities are scarcely diplomatic or focused on global democratic norms. In its Eastern Partnership strategy, the EU, on the other hand, utilizes values as a guideline. Simultaneously, Ukraine, the Republic of Moldova, and Georgia must demand immediate modifications to the Eastern Partnership policy. The potential of EU membership, in particular, must be appropriately explained by Brussels.

scholarly journals Abordarea conflictului transnistrean în stânga Nistrului și în lucrările proseparatiste / Approaching the Transnistrian conflict on the left bank of the Dniester in the pro-separatist works as well

2021 ◽  
Vol 9 (2) ◽  
pp. 168-177
Author(s):  
Lidia Prisac
Keyword(s):  
Russian Federation ◽  
Left Bank ◽  
Historical Events ◽  
Research Results ◽  
Republic Of Moldova ◽  
The Past ◽  
The Future ◽  
The Russian Federation ◽  
The Republic ◽  
The Impact

The article reveals the historiographical approach of Transnistrian separatism in the works of pro-separatist authors, Russian and those publicized in the Eastern part of the Republic of Moldova. The author presents the works that appeared until 2005. As it is ascertained, researchers dwell upon the Transnistrian separatism problem from the position of the environment they were rooted in, projecting their research results on the present and the future, or out of the need to aliment and decode their identity, to feed their imagination. The pro-separatist historiography includes the same ideas regarding the MSSR history. This means nothing but “the translation” of the past into present or the mechanic and passionate protection of the present into the past, the positive or negative capitalization of historical events, or decline in the run of deformation and fabrication in pro-separatist historiography was produced due to an ideological approach of the Transnistrian problem. Albeit, generally speaking, all authors both from Transnistria and the Russian Federation recognize the impact of the Russian Federation in generating and perpetuating the Transnistrian separatism.

scholarly journals A COMPARATIVE LEGAL ANALYSIS OF CRIMINAL PROCEDURE LAWS OF RUSSIA AND THE REPUBLIC OF KAZAKHSTAN AIMED AT THE SEARCH FOR A WAY TO IMPROVE THE INSTITUTION OF SUSPICION

2020 ◽  
Vol 11 ◽  
pp. 68-72
Author(s):  
Olga S. Polikarpova ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Distinctive Features ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Russian Law ◽  
The Republic

The relevance of the article is due to the imperfection of the criminal procedure law of the Russian Federation in terms of the institution of suspicion. The author examines the distinctive features of the provisions of Russian law and the criminal procedure law of the Republic of Kazakhstan relating directly to the institution of suspicion and, in order to minimize permissible for criminal proceedings under Russian law, procedural violations, attention is drawn to the possibility of improving the reporting Institute by reforming criminal procedure law of the Russian Federation as a whole with a focus on the introduced in the criminal procedural legislation of the Republic of Kazakhstan the criminal procedural model.

scholarly journals Austrian and Russian constitutionalism: comprehensive analysis

2021 ◽  
Vol 10 (41) ◽  
pp. 121-130
Author(s):  
Alexander A. Gogin ◽  
Anna N. Fedorova ◽  
Ramil F. Vagapov ◽  
Alexey V. Sergeev
Keyword(s):  
Russian Federation ◽  
Comprehensive Analysis ◽  
Distinctive Features ◽  
Federal States ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
The Republic ◽  
The Individual ◽  
Comparison Technique

The article deals with some issues that characterize the Basic Laws of the Republic of Austria and the Russian Federation. When choosing the leading research method, the authors of this article were guided by the fundamental dialectical means of cognition, which is the ascent from the individual to the general. The comparison technique used in this case is based on a consistent understanding and analysis of similar conditions, rules and requirements for the Republic of Austria and the Russian Federation. The applied historical and legal method made it possible to consider various historical events in motion, development, and in connection with modernity. The methods of analysis and synthesis are widely used in the work. As the main results of the study, we note the generalization of the most significant distinctive features that are the foundation of the Basic Laws of both federal states.

scholarly journals 29-ти летие начала гибридной агрессии РФ против Республики Молдова в Приднестровье (1992 год) в сравнении с началом аналогичной гибридной агрессии РФ против Украины в Крыму и на Донбассе (2014 год) / 29th anniversary of the beginning of the hybrid aggression of the Russian Federation against the Republic of Moldova in Transnistria (1992) in comparison with the beginning of a similar hybrid aggression of the Russian Federation against Ukraine in Crimea and Donbass (2014)

2021 ◽  
Vol 9 (2) ◽  
pp. 84-96
Author(s):  
Alexandr Davidenko
Keyword(s):  
Russian Federation ◽  
Real World ◽  
Point Of View ◽  
Republic Of Moldova ◽  
The World ◽  
The Russian Federation ◽  
The Republic ◽  
Hybrid War

The hybrid aggression of the Russian Federation against the independent Republic of Moldova in the Transnistrian region in 1992 (Pridnestrov‘ye), and the Ukrainian point of view to that mentioned aggression. The year 2014, the beginning of the aggressive hybrid war of the Russian Federation against independent Ukraine, the annexation of Crimea, and the occupation of parts of the territory of Ukrainian Donetsk and Luhansk regions (Donbass). A common the problem for the World is the lack of a real-world counter mechanism similar to hybrid aggression, stopping such conflicts and resolving them.

scholarly journals Digital technologies: the state and prospects of legal regulation in the Russian Federation and the Republic of Moldova (International round table overview)

2021 ◽  
pp. 173-181
Author(s):  
Gheorghe Avornic ◽  
◽  
Serghei Chucha ◽  
◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Labor Law ◽  
Digital Technologies ◽  
Round Table ◽  
Legal Regulation ◽  
Republic Of Moldova ◽  
International Round ◽  
International Round Table ◽  
The Russian Federation ◽  
The Republic

The overview contains the theses of the presentations of the participants of the international round table „Digital Technologies: the state and prospects of legal regulation in the Russian Federation and the Republic of Moldova”, held on April 12, 2021 by parners from the Republic of Moldova as the International Union of Lawyers, University of European Political and Economic studies „Constantin Stere”, the Union of Lawyers of the Republic of Moldova and the Interdisciplinary Center for Legal Research in the field of Labor Law and Social Security Law of the Institute of State and Law of the Russian Academy of Sciences. The discussion was attended by employees of the interdisciplinary Center, representatives of different areas of science in Russia and Moldova (lawyers, sociologists, historians, philosophers, psychologists) and different branches of law such as theory and history of state and law, philosophy of law, constitutional law, labor law and social security law, civil law and civil procedure, family law, etc. The participants of the round table focused on the conditions, prerequisites and prospects for the legal regulation of digital technologies in the context of changing the economic model of society. The problems discussed are usually at the intersection of different branches of law, economics, psychology and sociology, and are intersectoral and interdisciplinary in nature. Only an integraled approach to their solution allows us to achieve real practical results in optimizing the regulation of the respective relations.

scholarly journals Public Property Authorities

2021 ◽  
Vol 6 ◽  
pp. 16-25
Author(s):  
Andrey B. Agapov ◽  
Keyword(s):  
Intellectual Property ◽  
Federal Government ◽  
Russian Federation ◽  
Common Property ◽  
Legal Status ◽  
Public Property ◽  
The Russian Federation ◽  
The Common ◽  
The Republic ◽  
The City

The content of the powers of possession, use and disposal of public property of the federal government, the President of the Russian Federation, federal executive authorities is investigated. The article considers the prescriptions of the constitutions and charters of the constituent entities of the Russian Federation, which determine the content of the powers to manage public property, while the presence of public (state and municipal), as well as private and intellectual property is postulated directly in the Constitution of the Russian Federation. The constitutional legislation of the constituent entities of the Russian Federation determines the foundations of the legal status of another type of public property, namely the common property of the city of Moscow and the Russian Federation, along with it, the Constitution of the Republic of Sakha (Yakutia) provides for the existence of collective property.

scholarly journals Legal Regulation of the Status of a Sportsman in a Subject of the Russian Federation (On the Example of the Republic of Mordovia)

2021 ◽  
Vol 7 (1) ◽  
pp. 257-361
Author(s):  
N. Davydova ◽  
T. Khudoikina
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Healthy Lifestyle ◽  
Legal Regulation ◽  
Physical Culture ◽  
Federal Programs ◽  
Distinctive Features ◽  
The Status ◽  
The Russian Federation ◽  
The Republic

The relevance of the chosen research topic is due to the fact that in recent years in the constituent entities of the Russian Federation great attention is paid to physical culture and sports, federal programs for the development of physical culture and sports are being developed and implemented, sports facilities are being built for all categories of citizens. There is an active promotion of a healthy lifestyle, in connection with which, an interest in regular sports has been entrenched in society. The purpose of the study is to analyze the legislative regulation of the legal status of a sportsman in the constituent entity of the Russian Federation, since each region has its own distinctive features. To achieve the goal, the authors set the tasks to study the legislation on sports of the Republic of Mordovia. The article considers the current regional regulatory legal acts.

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