scholarly journals Framework Agreement as the Basis of the Obligation, or Criticism of the Concept of the Article 429.1 of the Russian Civil Code

2016 ◽  
Vol 4 (12) ◽  
pp. 0-0
Author(s):  
Дмитрий Шнигер ◽  
Dmitriy Shniger

The author analyzes the concept, features, scope and contents of the framework agreement from the point of view of the Russian Civil Code, the Concept of improvement of general provisions of obligation law of Russia and the needs of economic turnover. In the article the author formulated the definition of a framework agreement, which is seen as the basis of the obligation to conclude another one, main contract in the future (or several contracts). The author has analyzed the different ways to conclude the basic contract and has made legal qualifications of such contract documents (applications, specifications, etc.). Also the author has come to conclusion on the essential terms of the main contract and has provided practical recommendations for the conclusion of framework contracts and permits arising from them civil disputes. A few issues on accountability of the parties for breach of the master contract were also considered in present article.

2020 ◽  
Vol 144 ◽  
pp. 126-135
Author(s):  
Anna A. Voloshinskaya ◽  

There is no generally accepted definition of a territory’s mission either in Russia or abroad. So is it worth including a mission in the strategy of socio-economic development of a territory and what definition of the mission is better to choose? To answer these questions, a content analysis of Russian and foreign definitions of the territory's mission has been carried out, from which common units of meaning were identified. It was established that a number of semantic units in definitions of the territory's mission and the mission of organization coincide. However, from the point of view of the mission statement, there are a number of significant differences between a territory and an organization, which makes some definitions of the territory’s mission hardly applicable in practice. Conclusion is made: it is better to define the territory's mission through its role in the external environment, functions and unique features of the territory. The article examines advantages and disadvantages of alternative options: not to develop a mission at all or to develop it in a purely formal way. Practical recommendations on developing a territory mission, examples from Russian and foreign experience are given.


2019 ◽  
Vol 12 (1) ◽  
pp. 208-214
Author(s):  
R. A. Silantiev ◽  
A. R. Krganov

Russia has always been a country with large Islamic population. From the Middle Ages the dialogue between Christians and Muslims has always been an integral part of the Russian culture. The article highlights the stages of the Christian-Muslim dialogue in Russia. From the point of view of its authors, this dialogue became fully developed by the middle of 19th century. In its subsequent development it has already passed the three main stages, which are labelled as the “tsarist”, the “Soviet” and the “early post-Soviet”. According to the authors the present situation can be described as the “late post-Soviet” stage. The article comprises a description and definition of this stage as well as a prognosis of its development in the future.


2018 ◽  
Vol 5 (1) ◽  
pp. 47
Author(s):  
Abdul Muin

Notary is a public official appointed by the government authorized to make an authentic deed as stipulated in UUJN. Authority as mentioned above includes in the making of deed or contract on Islamic Banking. A contract according to language is binding, connecting, as for the meaning of the contract by term is an association or meeting between ijab and qabul that result in law. While the definition of Islamic Banking is a bank that runs its operations based on the principles of sharia. Notary Authority as regulated in Law Number 30 Of 2004 junto Law Number 2 Of 2014 concerning Notary Position shall be based on the honesty of Notary in executing its duties and authority including within the truth of the data in the process of making the contract. If the contract or deed made by the Notary in the future found the supporting data proved counterfeit and Notary participate in the practice of data forgery then the Notary is the person involved in making the contract with false data. However, if the data on which the notarial deed is made is not involved in the falsification, then the Notary does not take responsibility in the criminal act of falsifying the data. And the notary may exercise its right of interest. The legal basis of this journal is the Qoran and Hadits, Law No. 30 of 2004, Law No. 2 of 2014 on the position of Notary, Law Number 31 Of 2008 concerning Islamic Banking and the Civil Code.


2017 ◽  
Vol 33 (4) ◽  
Author(s):  
Cham Nguyen Thi Phuong

After the Civil Code 2015 (Civil Code 2015) takes effect from January 1st 2017, the first Vietnamese law recognizes sex change. However, there are still many legal issues that can not be resolved. At the same time, there is requirements to develop a relevant law so that these provisions of the Civil Code 2015 come into social life. This article studies Japanese law on gender change from a theoretical and practical point of view, thus proposing the scope of regulation and structure of the relevant laws on this issue in Vietnam in the future.


2021 ◽  
pp. 30-35
Author(s):  
O.A. Rozhkova ◽  
S.V. Voronina

The definition of the concept of turnover is absent in the provisions of the civil code and other normativelegal acts. The scientific discussion is based on the content of the concepts of turnover, civil turnover and legalregime, and their relationship. In civil turnover, most of the objects of civil rights are freely used, which ispredetermined by their inherent legal property of turnover. The civil code defines turnover as the ability ofan object of civil rights to be freely alienated and transferred from one person to another. Turnover is oftenidentified with the ability of an object to be an object of civil rights in General. The doctrine also does nothave a single point of view regarding the understanding of turnover and its relationship to the legal regime.Land plots are objects of civil turnover, participate in land legal relations as objects of civil turnover.The turnover of land plots is carried out to the extent that it is allowed by the legislation. The question ofthe correlation between land and civil legislation in regulating the turnover of land plots is relevant. Thecivil code refers the determination of the degree of turnover of land plots to the subject of regulation of landlegislation. In accordance with the land code, the turnover of land plots is carried out in accordance withcivil legislation and the code, while the content of restrictions on the turnover of land plots is establishedby the land code and Federal laws.


Author(s):  
Evangelos Haleplidis ◽  
Spyros Denazis ◽  
Odysseas Koufopavlou

Networking has seen a burst of innovation and rapid changes with the advent of Software Defined Networking (SDN). Many people considered SDN to be something new and innovative, but actually SDN is something that has already been proposed almost a decade ago in the era of active and programmable networks, and developed even before that. Coupled with the fact that SDN is a very dynamic area with everyone trying to brand their architecture, research or product as SDN has defined a vague and broad definition of what SDN. This chapter attempts to put SDN into perspective approaching SDN with a more spherical point of view by providing the necessary background of pre-SDN technologies and how SDN came about. Followed by discussion on what SDN means today, what SDN is comprised of and a vision of how SDN will evolve in the future to provide the programmable networks that researchers and operators have longed for for many years now. This chapter closes with a few applicability use cases of the future SDN and wraps up with how SDN fits in the Future Internet Architectures.


Author(s):  
R. M. Shamilov

The article attempts to ground the importance of developing by the future translators/interpreters dealing in specialized translation the skill of consideration of peculiarities of a communicative situation of specialized translation. The necessity of developing this important translation skill seems natural since it is dictated by the circumstances of realizability of translation activity which is always carried out in a certain communicative situation. The particularity of each communicative situation of specialized translation conditions the linguistic composition of a target text which may vary from one communicative situation to another from either the formal and structural or contextual and conceptual point of view. To prove the fairness of his assertions the author, in particular, appeals to the concept of terminological synonymy/terminological doublet reflection and studies it through the prism of theoretical principles of communicative and functional approach to translation. Such a translatological view of the synonymy/doublet reflection helps the author to find a balance between opposite ways of understanding of this concept by various terminologists and offer a general translatological definition of doublet terms. This definition is fully responsive to a whole variety of communicative situations of specialized translation the particularity of which in each single case instead of a source standardized term may condition in a target language the use of its doublet represented by a professionalism, substandard language unit, conversation vocabulary unit, jargonism, dialectism, slang. Such real life examples of fulfilling professional translation activity as well as others worth becoming subjects of separate researches which contribute to the confirmation of the fact that the translators/interpreters behavior, the progress of a translation process and its result depend on the peculiarities of a certain communicative situation of specialized translation, should be taken into account when teaching students translation from the very first practical studies of specialized translation. Securing the achievement of the goal of acquiring by the students the ability of analyzing and considering the particularity of the given communicative situation in which he/she is supposed to make a translation of a specialized text should be listed among the competencies of a translator trainer.


Author(s):  
Imam Fitri Rahmadi ◽  
Zsolt Lavicza ◽  
Tony Houghton

The concept of microgaming in education is relatively new and it has evident potential for supporting learning in various learning environments. However, there is little consensus in the education literature on how micro-games are defined. The present article proposes a conceptual definition of mi-crogames by considering related terms and learning approaches in education. Microgames in education context are defined as very small and short games that provide brief engagement and meaningful experience for players, support learning and instruction toward specific objectives, and integrate with existing resources. This article further elaborates the key definition elements to indicate microgame characteristics and provides some examples to demonstrate the kinds of games that fit this definition. The proposed definition acts as a fundamental starting point to study microgames for educational purposes in the future.


Author(s):  
Y Yueyuan

The author summarizes the views of scientists on the essence of the scientific definition of the «image» in the context of pedagogical imageology. The purpose of the article is aimed at the theoretical substantiation of the essence of the scientific definition of "image" and the disclosure of the feasibility of its formation and coverage of the semantic characteristics and functional spectrum of the image. A set of theoretical methods was used to achieve this goal, namely: system-structural analysis and systematization of psychological and pedagogical developments; comparative pedagogical analysis and synthesis, deduction and induction, classification and generalization. The results. It is found that from the psychological and pedagogical point of view, the study of the professional and personal image is carried out during: analysis of political image; determination of psychological mechanisms of its formation; research of socio-cultural aspect of the image of the future specialist; the analysis of the practical principles of an image. Based on the generalization of the positions of scientists, it is established that an image plays an important role in the professional activities of future junior bachelors-journalists. The article presents that the professional image has a psychotherapeutic effect for a future journalist. It provides sociability, responsibility, professional confidence, social activity, diplomacy, reflectivity. The article contains a list of contradictions that are resolved during the formation of students majoring in 061 Image Journalism. The author interprets the image as a complex socio-psychological-pedagogical phenomenon, that the individual forms purposefully with the view to emotional and psychological influence and creating others’ impressions and opinions about the bearer of this image. The main semantic characteristics of the image are analyzed, namely: it is formed purposefully and has a specific addressee and the ultimate goal; it is recognized as an image-stereotype used as a «business» image of the individual. It is behavioral by nature and is formed in the process of practical activities. It covers the external component and elements of self-presentation and presentation. It involves a close relationship and interaction between an individual and a group image. It covers the emphasis on specific features that are characteristic of the representative of a particular profession. It depends on the characteristics of a particular society (its values, norms, traditions, attitudes). Conclusions. Based on the generalization of scientific information, the main functions of the image are characterized, which include the following: firstly, the image must have a certain expression, which is subject to a specific goal and corresponds to the real strategy; secondly, it must position a particular organization or leader in front of the target audience; thirdly, the image should motivate the individual to take an active action. In the psychological and pedagogical fields, the practical activities of college teachers in the formation of future journalists' professional image are focused on the development of the flexibility of thinking, creativity, originality and intuition.


Author(s):  
Ksenia Ermoshina

The present article analyzes potential and limits of crowdsourcing software (mobile and web applications) as tools for civic participation. Based on an empiric study of six Russian and French civic applications, developed in response to a particular public problem (corruption, electoral falsifications, police violence and urban problems), the article proposes to address the problem of digital asymmetry from the perspective of pragmatism, STS and software studies The author focuses on the phase of design, coding and testing, and analyzes the procedures of standardization and classification necessary for developing the interfaces. While standardization seems inevitable from the technical point of view, it produces a particular form of asymmetry between the lived experience of a “trouble” and the categorical grid. Developing a civic application, coders propose a certain definition of a public problem and rectify it in the interface. The article argues that an active participation of users in the improvement of the application may help to overcome the limits and asymmetries.


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