scholarly journals Reasonable Entrepreneurial Risk: Behavioural Criteria for Corporate Managers

2021 ◽  
Vol 9 (1) ◽  
pp. 58-80
Author(s):  
Sergey Sosnovskikh ◽  
Oxana Cherkasova
Keyword(s):  
Good Faith ◽  
Corporate Managers ◽  
Corporate Manager ◽  
Legal Standards ◽  
Basic Model ◽  
Managerial Decisions ◽  
Judicial Practice ◽  
Legal Nature ◽  
Good Behaviour

This paper discusses the essence of the entrepreneurial risk, ethical and legal standards, which must be adhered to by the head of a commercial organisation. In the Russian legislation, there is debate concerning the boundaries of the responsibilities of the corporate manager. Existing literature doesn't contain many studies about the norms on the responsibility of persons authorised to act on behalf of a legal entity because it is new for Russian civil legislation, which shows the novelty of this study. We identify problematic aspects that arise both in the doctrine and judicial practice regarding the determination of the criteria of good faith and reasonable behaviour of the head of the corporation. Our study examines the legal nature of entrepreneurial risk and how it affects the formation of managerial decisions. As a result, we propose a basic model of the criteria for the good behaviour of a corporate manager within a reasonable entrepreneurial risk.

scholarly journals THE PROBLEM OF DETERMINATION OF THE PERSONAL CHARACTER OF TESTATOR’S OBLIGATIONS WITHIN THE FRAMEWORK OF THEIR INCLUSION IN THE MASS OF THE SUCCESSION

2021 ◽  
Vol 2 ◽  
pp. 29-32
Author(s):  
Olga S. Cherepanova ◽  
Keyword(s):  
Controversial Issues ◽  
Judicial Practice ◽  
Personal Character ◽  
Legal Nature

The article examines controversial issues related to the responsibility of the heirs for the obligations of the testator, which have a connection with his personality. The article analyzes the opposing legal positions developed by judicial practice to determine the legal nature of these obligations. The conclusion is substantiated that it is necessary to include in the hereditary mass of obligations to compensate for moral harm and to compensate for harm to life and health, as not having a personal character.

3. The Fundamental Principles Governing International Relations

2020 ◽  
pp. 45-76
Author(s):  
Paola Gaeta ◽  
Jorge E. Viñuales ◽  
Salvatore Zappalà
Keyword(s):  
International Relations ◽  
Use Of Force ◽  
Good Faith ◽  
Whole Body ◽  
Environmental Harm ◽  
Close Link ◽  
Legal Standards ◽  
Sovereign Equality ◽  
Peaceful Settlement

This chapter discusses the fundamental principles governing international relations. The principles represent the fundamental set of standards on which States are united and which allow a degree of relatively smooth international dealings. They make up the apex of the whole body of international legislation. They constitute overriding legal standards that may be regarded as the constitutional principles of the international community. These principles are: the sovereign equality of States; the principle of non-intervention in internal affairs; the prohibition of the threat or use of force; peaceful settlement of international disputes; the duty to co-operate; the principle of good faith; self-determination of peoples; respect for human rights; and the prevention of significant environmental harm. The discussions then turn to the distinguishing traits of the fundamental principles and the close link between the principles and the need for their co-ordination.

scholarly journals PROBLEMS OF CRIMINAL LAW EVALUATION OF PATENT TROLLING

2020 ◽  
Vol 30 (2) ◽  
pp. 282-288
Author(s):  
V.V. Rovneyko
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Good Faith ◽  
Judicial Practice ◽  
Legal Nature ◽  
Sufficient Degree ◽  
Legal Costs ◽  
The One ◽  
Abuse Of Law

The article deals with the issues of criminal law and legal assessment of patent trolling, which, on the one hand, is a kind of abuse of law and violation of the principle of good faith of participants in civil legal relations, and, on the other hand, has a sufficient degree of public danger and prevalence to be the basis of criminal liability. The author's conclusions are based on the study of media materials and judicial practice. Most of the “victims” of patent trolling pay money, not being mistaken about the legality of the claims, but being guided by the desire to avoid legal costs and other problems associated with litigation. Establishing the criminal legal nature of patent trolling is somewhat problematic, since it is a combination of fraud and extortion in the broad sense of these concepts. Signs of existing crimes, such as fraud (article 159 of the criminal code) and extortion (article 163 of the criminal code), contain definitions of these concepts in a narrow sense. This does not allow such actions to be classified as specified crimes.

MULTIVARIANT LEGAL STATUS OF A CITIZEN AND ITS ROLE IN DEFINING THE COMPETENCE OF ARBITRATION COURTS

2018 ◽  
pp. 48-60
Author(s):  
Aleksandr Nikolayevich Ermakov
Keyword(s):  
Russian Federation ◽  
Economic Activity ◽  
Legal Status ◽  
Legal Certainty ◽  
Judicial Practice ◽  
Natural Person ◽  
Legal Nature ◽  
The Russian Federation ◽  
Debt Collection

This study is devoted to the question of qualification of the legal status of a citizen in a dispute arising in the field of economic activity, and its impact on the determination of the jurisdiction of the arbitration court. On the example of cases on debt collection from the guarantor-citizen it is noted that the latter can participate in the disputed legal relations as an natural person, as an self-employed entrepreneur or as the founder of a legal body. It is the legal status of a person, as established judicial practice shows, that is the key argument in determining the legal within jurisdiction of the case. It seems that this circumstance in itself cannot determine the nature of the dispute, which previously drew the attention of the Supreme Arbitration Court of the Russian Federation It is important to take into account the specific legal nature of material legal relations, as well as the nature of the interest of its participants. It is concluded that it is necessary to take into account the abovementioned aspects in the aggregate when determining the jurisdiction of arbitration courts of the cases of the analyzed category. In order to ensure the legal certainty and effectiveness of the protection of the rights of persons in the field of business and economic activity, proposed a technical and legal solution to this problem.

scholarly journals DISCUSSION ISSUES OF LEGAL DISCRETION

2020 ◽  
Vol 30 (1) ◽  
pp. 165-169
Author(s):  
N.V. Kuznetsova ◽  
L.P. Lapshina
Keyword(s):  
Legal Norms ◽  
Judicial Practice ◽  
Legal Relationship ◽  
Legal Nature ◽  
Legal Position ◽  
Contractual Relations ◽  
Definition Of ◽  
The Right ◽  
Discretionary Powers

The article presents an analysis of some issues of legal discretion. There is no unified approach either to the definition of discretion or to the legal nature of this phenomenon. There are difficulties in the evaluation of the legal discretion in acting legislature. In private law trial discretion comprises codified regulation. This phenomenon is particularly typical in contract law: the court’s assessment of the behavior of participants in contractual relations as lawful or unlawful, abuse of rights, determination of the nature of the legal norms governing contractual relations. The discretionary powers of the court in many respects make it possible to ensure uniformity in the consideration of cases of a certain category, to form judicial practice on the application of the relevant legislation. The main areas of judicial activity in this case are: making the right choice of the rule of law to be applied to qualify the relevant legal relationship, applying the analogy of law and as well as the legal position developed when resolving a certain category of cases.

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

scholarly journals Determination of the region of the limiting states occurrence in RVS-20000 with the subsidence of the external bottom contour

2018 ◽  
Vol 239 ◽  
pp. 06002
Author(s):  
P.V. Chepur ◽  
A.A. Tarasenko ◽  
A.A. Gruchenkova
Keyword(s):  
Technical Condition ◽  
Element Analysis ◽  
Metal Structures ◽  
Software Complex ◽  
Managerial Decisions ◽  
The Finite Element Analysis ◽  
Steel Tank ◽  
Intrinsic Stiffness ◽  
Bottom Contour

The problem of the limiting states occurrence in the structures of a vertical steel tank is investigated in this work. To study the SSS of the metal structures of the object, the authors created a numerical model of the RVS-20000 tank in the ANSYS software complex. The model considers the maximum number of elements with their geometry and connections affecting the tank SSS under non-axisymmetric loading, including beyond the elasticity of steel. Dependences between the parameters of intrinsic stiffness of the VST are obtained. The results of the finite element analysis made it possible to develop a technique for assessing the technical condition of the structure with the development of irregular subsidence of the external bottom contour. The proposed technique can be used by both operating and design organizations in making managerial decisions regarding the repair of RVS-20000 subjected to the base subsidence.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

Sign in / Sign up

Export Citation Format

Share Document