scholarly journals An Inheritance Contract: a Critical Look at the Legal Construction

Lex Russica ◽  
2021 ◽  
pp. 30-38
Author(s):  
N. E. Sosipatrova
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Third Party ◽  
Inheritance Law ◽  
Legal Structure ◽  
The Russian Federation ◽  
The Right ◽  
Made In

The legal structure of an inheritance contract introduced into the system of Russian civil law on June 1, 2019, caused an ambiguous evaluation in the doctrine of inheritance law. Analyzing various points of views of scholars and legal prescriptions, the author expresses her opinion on this legal structure highlighting in particular an imbalance in the legal status of the parties to the inheritance contract, expressed in the possibility of unilateral refusal to execute it by only one of the parties, in the absence of legal protection of the testator's counterparty when the latter alienates the property specified in the inheritance contract. This makes this legal structure practically non-binding for the testator and reduces its relevance. The author substantiates that the legal prohibition of concluding an inheritance contract through a representative applies only to the testator. The assumption is made that the reference to a third party acquiring the right of inheritance does not turn this agreement into a contract made in favor of the third party. The paper focuses on the controversial issue of the limits of the discretion of the testator and the essential conditions of the inheritance contract. The author differntiates the gaps in the law in the regulation of a number of issues related to the conclusion and execution of an inheritance contract, some wordings of Art. 1118 and 1140.1 of the Civil Code of the Russian Federation and suggests proposals that improve rules under consideration. The author comes to the conclusion that the legal structure of inheritance law raises many questions caused by faulty legal formulations and insufficient completeness of legal regulation, which can give rise not only to doctrinal discussions, but also to contradictory law enforcement practice.

scholarly journals Administrative Responsibility as a Means of Protection of Patent (Inventor’s) Rights in the Russian Federation: Some Issues of Legal Regulation

Lex Russica ◽  
2020 ◽  
pp. 9-17
Author(s):  
N. A. Kulakov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Protection ◽  
Legal Regulation ◽  
Patent Law ◽  
Law Enforcement Agencies ◽  
Patent Rights ◽  
The Russian Federation ◽  
The Right ◽  
Administrative Responsibility

The purpose of the research paper is to study the problems of legal regulation of administrative liability in the field of patent law. As a result of the conducted research, the author comes to the conclusion that administrative responsibility as a means of legal protection of patent rights possesses significant potential capacity. However, a number of factors do not allow this potential to be enforced to the necessary extent. The author enumerates the following factors: latency of administrative offenses in the field of the patent legislation and lack of confidence of rights’ holders in law enforcement agencies in this area; low level of legal qualification of law enforcement officials in the field of the patent legislation; problems of the normative and legal regulation of administrative liability for infringement of patent rights. The author sees the solution to the problem of increasing the efficiency of administrative responsibility in the field of the patent legislation as a complex counteraction to the above factors. Within the framework of the paper special attention is paid to the problems of legal regulation of administrative liability in the field of patent legislation. The author analyzes Para 2 of Art. 7.12 of the Code of Administrative Offences of the Russian Federation, which provides for liability for violation of patent and inventor’s rights. The author comes to the conclusion about the need to develop this legal rule and defines a number of proposals for amending the current legislation. In addition, in order to ensure a comprehensive and effective protection of the right to remuneration for an invention (utility model, industrial design), a proposal has been formulated to expand the jurisdiction of the federal labor inspectorate and introduce the consequential amendments to the secondary legislation.

scholarly journals Relevant questions of creating hereditary fund in the Russian legislation: current state and prospects for its improvement

2021 ◽  
pp. 46-58
Author(s):  
Mariya Vladimirovna Vronskaya ◽  
Diana Yur'evna Nikitenok
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Full Potential ◽  
Technical Improvement ◽  
Inheritance Law ◽  
The Subject ◽  
The Russian Federation ◽  
The One ◽  
The Right

The subject of this research is the novelty of civil legislation – hereditary fund, which is characterized by dual legal nature; on the one hand, as a subject of inheritance law, while as property asset managed. The object of this research is the totality of legal relations that emerge due to creation of hereditary funds, determination of their legal status, and implementation of their activity associated with ensuring the safeguard of assets and effective management of mass of inheritance for the purpose of realization and protection of the property interests of beneficiaries (heirs, creditors). The author examines the current mechanism for creating a nonprofit fund in accordance with the provisions of legislation and civilized doctrine,  and notary practice, as well as outlines a range of problems that affect unlocking full potential of this institution (property, social, and economic). The scientific novelty is reflected in the author's recommendations for solution a number of legal issues is creation of the hereditary fund. The conclusion is made on the need for further legislative and technical improvement of the provisions of hereditary funds in the Russian Federation, reducing imperativeness and expansion of the allowable principles in their legal regulation, namely a testamentary prescription on the creation of hereditary fund may determine the purpose and lists of activity of the hereditary fund, the subject and property responsibility for the implementation of registration acts with regards to creation of hereditary fund, as well as possibility of granting the beneficiary of the fund the rights of the sole executive body. The mandatory nature of prescriptions to establish 6-month term for registration of hereditary fund; application of the Article 10 of the Civil Code of the Russian Federation in the instance of abuse of the right to agree on candidates for the administration of hereditary fund; establishment of equality of rights to devised property of hereditary fund not only to beneficiaries, but also to forced heirs (creditors) in appropriate shares.

scholarly journals Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status

2020 ◽  
Vol 6 ◽  
pp. 22-25
Author(s):  
Ekaterina E. Lekanova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Minor Parent ◽  
The Family ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian ◽  
Family Code

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.

scholarly journals The Legal Status of Subjects of Corporate Relationships: Doctrinal and Law Enforcement Aspects

2021 ◽  
Vol 2 ◽  
pp. 3-7
Author(s):  
Oksana V. Cherkasova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Case Law ◽  
Civil Code ◽  
Law And Order ◽  
Generic Term ◽  
Foreign Law ◽  
The Russian Federation ◽  
The Right

The article reviews the legal status of subjects of corporate relationships, analyzes doctrinal and law enforcement aspects. The author analyzes the scientists’ standpoints, various models of interaction between the subjects of corporate relationships existing in foreign law and order, case law, arrives at conclusions about the correlation between the categories of the “right of participation”, “right of membership”, “right of management”. It is noted that the membership concept evolves out of participation by performing the function of a generic term. It is suggested to determine the “right of management” of a corporation as just one of the member’s activity areas along with other rights. The author recommends to ensure consistency of the provision of Article 2 of the Civil Code of the Russian Federation and Articles 65.2, 65.3 of the Civil Code of the Russian Federation where the concept of the “right of participation” would act as a basic one and the “right of management” would be its constituent part.

Updating labor legislation in 2020

2020 ◽  
pp. 57-69
Author(s):  
Viktor Arkadyevich Lebedev ◽  
Elena Ivanovna Lebedeva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Labour Relations ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government ◽  
Managerial Positions ◽  
The Right ◽  
Compensation Payments ◽  
Made In

The article deals with the issues of further improvement of labor legislation, including a comparative analysis of the amendments made in 2020 to the Labor code of the Russian Federation concerning the establishment of the age limit for filling managerial positions of budgetary universities, scientific and medical organizations. The analysis of the initiatives of the Government of the Russian Federation in the procedure for delegating him the right to make decisions, establishing features of legal regulation of labor relations, taking into account opinion of the Russian trilateral Commission for regulating social-labour relations, including those relating to compensation payments to employees of organizations of the far North and equated localities.

Questions of employment of convicts to corrective works

2019 ◽  
pp. 76-81
Author(s):  
Анна Владимировна Мусалева
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Statistical Data ◽  
Legal Regulation ◽  
Place Of Residence ◽  
Professional Activities ◽  
The Russian Federation ◽  
The Right

Статья посвящена наказанию в виде исправительных работ. На сегодняшний день существуют проблемы в правоприменительной практике, обусловленные, в том числе пробелами в законодательстве. На основе анализа обзоров статистических данных по назначению и исполнению данного вида наказания и практики его применения автор приходит к выводу, что существует ряд проблем при реализации исправительных работ при трудоустройстве осужденных, которые можно подразделить на две группы: первая, связанная с исполнением наказания, например, отсутствие разрешения у осужденных иностранных граждан на осуществление в Российской Федерации профессиональной деятельности; вторая - определяющая отбывание наказания, например, отсутствие правовой регламентации ответственности осужденного за нарушения порядка и условий отбывания наказания. В связи с этим автор предлагает пути совершенствования законодательства в области исполнения и отбывания исправительных работ. The article is devoted to punishment in the form of correctional labor, since today there are problems in law enforcement practice, due, inter alia, to gaps in legislation. Based on the analysis of statistical data on the appointment and execution of this type of punishment and the practice of its application, the author comes to the conclusion that there are a number of problems in the implementation of correctional work, which can be divided into two groups. The first group associated with the execution of this type of punishment: the lack of permission of convicted foreign citizens to carry out professional activities in the Russian Federation, for changing their place of residence; the lack of convicts to correctional labor the right to parole; the second-determining the serving of punishment: the lack of legal regulation of the responsibility of the convicted person for violations of the order and conditions of serving punishment. In this regard, the author suggests ways to improve legislation in the field of execution and serving of correctional labor.

scholarly journals Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems

2021 ◽  
Vol 55 (1) ◽  
pp. 143-160
Author(s):  
Jelena Vidić-Trninić
Keyword(s):  
Legal Regulation ◽  
Court Decision ◽  
Legal Systems ◽  
Inheritance Law ◽  
Judicial Proceedings ◽  
The Will ◽  
The Law ◽  
The Right ◽  
Domestic Regulation ◽  
Made In

In Serbian law, a valid will can be revoked based on the will of the testator, more precisely through the revocation of the will or based on a court decision. This paper analyzes the solutions of the Law on Inheritance of Serbia, dedicated to the mentioned ways of revoking a last will, and at the same time examines the legal regulation of that issue in other legal systems in Europe. The author finds that in the realization of the right to revoke a will, the legislation of Serbia undoubtedly affirms the freedom of will, and that in that respect, it is in principle harmonized with the legal solutions observed on European legal soil. In the aspect of the purpose for which it is prescribed, a special advantage of domestic regulation is the possibility of declaring a will ineffective through a court decision. The author further considers that certain solutions that can be found in comparative law, such as the possibility to invalidate testamentary dispositions made in favour of former spouse, could be accepted in Serbian inheritance law as well. Finally, according to the author, some existing legal solutions dedicated to the revocation of wills, need to be specified and completed de lege ferenda, in order to achieve legal certainty.

scholarly journals Implementing a Person's Right to Privacy When Using Their Biometric Material

2019 ◽  
Vol 12 (5) ◽  
pp. 38
Author(s):  
Alsu Machmutovna Khurmatullina ◽  
Evgeniy Batyrovich Sultanov ◽  
Rimma Rashitovna Amirova ◽  
Olga Mikhailovna Smirnova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Personal Data ◽  
Legal Regulation ◽  
Structural Method ◽  
Right To Privacy ◽  
Scientific Methods ◽  
The Russian Federation ◽  
The Law ◽  
The Right

The significance of regulating people's personal data in the context of implementing each person's right to privacy of personal life and family life becomes especially crucial for the purposes of ensuring biogenetical safety of people in Russia. This requires raising the issue of implementing the right to privacy in the context of the biotechnological revolution. The special legal significance of this issue in the Russian Federation is connected with the passing of such laws as the Law "On personal data" and the Law "On state genome registration in the Russian Federation". This article analyzes the legal status of biometric personal data. We note the need for legal regulation of the protection of biometric information as confidential data. The results of this research are based on using the following methods: universal dialectical method of scientific cognition, as well as general scientific methods based on it (description, analysis, synthesis, induction, deduction, comparison, analogy, generalization) and specific scientific methods (comparative law method, systematic structural method and formal law method).

scholarly journals National Anti-Corruption Plan for 2021-2024: anti-corruption elements of the legal status of civil officers

2021 ◽  
pp. 166-175
Author(s):  
Ivan Vladimirovich Grigorev
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Civil Service ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Professional Activities ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right

The subject of this research is the normative sources that establish the rights, responsibilities and prohibitions in civil service, as well as the mechanisms for their implementation. The author dwells on the practical issues arising in the context of implementation of anti-corruption legislation associated with the right of the officers to exercise other paid activity, acquire and own securities, responsibility to notify about the possible colliding interests, limitation on the deed of gift due to their professional activities, providing data on income, expenses, property, and real obligations. Special attention is given to certain legal provisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and courts of general jurisdiction related to the peculiarities of the legal status of civil officers. The scientific novelty consists in comprehensive examination of the legal issues in regulation of anti-corruption elements of the legal status of civil officers. The main conclusions lies in determination of the gaps and conflicts of legal regulation of such relations. Critical assessment is given to the case law on the appeal of the prosecutors to transfer the property with no evidence that it has been acquired with legitimate income to the income of the Russian Federation. The author formulates recommendations for the improvement of the existing federal legislation on countering corruption in civil service.

scholarly journals Problematics of the Content of "Labor" Сonstitution Сategory

2021 ◽  
pp. 20-24
Author(s):  
Anna Kanakova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
High Quality ◽  
The Status ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article discusses the constitutional category of «labour», the definition of which is not enshrined in legislative acts because it is considered to be a well-known category, which is not a special legal one and does not require any clarification. However, this approach creates difficulties for legal regulation, as it blurs the boundaries for the legislator and the executor. Lack of awareness of the concept of a regulated category can lead to a situation when the legislator, creating a new law or making amendments to an existing one, will subject to regulation the area that does not pertain to the relevant legal phenomenon, or vice versa - will ignore part of the content of the regulated category, which is certain to negatively affect the quality of legal regulation. Law enforcement practices similarly face difficulties in having only doctrinal understandings of statutory concepts, which creates inconsistency in decisions made by lawyers in course of their professional work. The 1993 Constitution of the Russian Federation enshrined the category of «labour» in a number of articles, but did not clarify the interpretation of its concept. The analysis of economic and legal views on labor allows us to conclude that, despite the status of a well-known category, which, it would seem, does not need an explanation, only the presence of clear criteria for recognizing an activity as labor, provides high-quality legal regulation, in particular, it allows not only to separate the types of activities that are not subject to legal regulation, but also to choose the right branch of law that regulates social relations in each particular case.

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