scholarly journals Trust Management of Other People's Property: Reform on the Warpath

Lex Russica ◽  
2021 ◽  
pp. 134-143
Author(s):  
I. I. Zikun
Keyword(s):  
Russian Federation ◽  
Trust Management ◽  
Civil Code ◽  
Investment Activity ◽  
Inheritance Law ◽  
Economic Relations ◽  
Corporate Rights ◽  
Significant Difference ◽  
The Russian Federation ◽  
Anglo American

The paper describes possible ways to reform the rules on trust management agreements in connection with the upcoming reform of Part II of the Civil Code of the Russian Federation. Currently, the reform of this part of the Civil Code of the Russian Federation is being carried out in relation to financial transactions, but the rules on intermediary transactions have not been changed, while the situation is complicated by the fact that the reform of property law has not taken place. The improvement of the provisions of Chapter 53 of the Civil Code of the Russian Federation on trust management agreements is due to the development of economic relations for the management of corporate rights, securities, investments, pension contributions, the emergence of a number of new forms of investment activity, as well as a significant difference in the relationship of "consumer management" of property in family and inheritance law (management by virtue of the law), as well as "professional management" of property in investment and other business areas (voluntary transfer of property to management).The Anglo-American experience of the trust, as well as other models of "trust property" cannot be borrowed by Russian law in any form. The ownership right must remain unitary and cannot take any form. In view of this, the paper suggests using European alternative models of managing someone else's property in the form of mandatory legal institutions for conducting someone else's business using various forms of representation (direct and indirect) instead of the Anglo-American trust. The author considers the possibility of differentiating the professional and non-professional regime of managing someone else's property, the nature of the beneficial interest, the rules of segregation of the management object and the nature of the trustee's responsibility.

scholarly journals NOVELTIES OF PART III OF THE CIVIL CODE OF THE RUSSIAN FEDERATION: ISSUES AND SOLUTIONS

2020 ◽  
Vol 4 ◽  
pp. 20-23
Author(s):  
Tatyana L. Kalacheva ◽  
◽  
Natalya S. Makharadze ◽  
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Legal Institutions ◽  
Inheritance Law ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Creation

The article examines new legal institutions of inheritance law, which are legal institutions associated with the creation and operation of the inheritance fund, the execution of a joint will and the conclusion of an inheritance contract. The authors determine the prospects for their relevance, problematic aspects, ways to solve them, analyzing examples of judicial practice.

scholarly journals Estoppel in Russia: to articulation of the problem

2020 ◽  
pp. 81-89
Author(s):  
Irina Chereshneva
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Legal Order ◽  
Good Faith ◽  
Legal Tradition ◽  
American Tradition ◽  
Contradictory Behavior ◽  
The Russian Federation ◽  
Anglo American ◽  
Venire Contra Factum Proprium

Due to continuing interest of legal community to the problematic of preventing contradictory behavior or in the Anglo-American legal tradition – estoppel, the subject of this research is an attempt of determination of legal nature of the so-called norms of the Civil Code of the Russian Federation on estoppel. The selected topic is relevant due to the fact that there is no unanimity of opinions regarding the nature of estoppel; it is viewed as interdisciplinary principle, doctrine, institution of law, sanction for violation of the principle of good faith, one of the manifestations of the principle of good faith, legal mechanisms etc. An attempt is made to view estoppel from different perspectives: through the prism of the English promissory stopper, from the position of continental maxim “venire contra factum proprium", in relation with the principle of good faith. The conclusion is made that the so-called norms on estoppel in the Civil Code of the Russian Federation represent a special case of the doctrine of noncontradictory behavior, known to the continental legal order through the maxim “venire contra factum proprium", which is a manifestation of the principle of good faith. Based on this fact, it is inappropriate to designate the aforementioned norms as estoppel, since even in Anglo-American tradition, the variety of estoppels does not allow considering it a universal principle, and understanding of estoppel thereof does not correspond with its Russian interpretation. Moreover, being a part of Romano-Germanic legal family, there is no need for the Russian legal order to borrow foreign legal phenomena, especially when the evolution of similar legal constructs can be traced in the fold of continental system of law, which Russia belongs to.

Business Corporations in the New Version of the Russian Civil Code

10.12737/7244 ◽  
2014 ◽  
Vol 3 (1) ◽  
pp. 0-0
Author(s):  
Евгений Суханов ◽  
Evgeniy Sukhanov
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Legal Regulation ◽  
Civil Code ◽  
Corporate Law ◽  
Joint Stock Company ◽  
Stock Company ◽  
The Russian Federation ◽  
Anglo American ◽  
Business Entities

The reform of the Russian civil legislation is far from being completed. A new wording of Chapter 4 of the Civil Code of the Russian Federation is an important, but by no means final milestone of transformation of the civil legislation launched in the Russian Federation. The author considers reasons and legal consequences of enshrining in the legislation of companies’ classification into public and non-public, atypical versions of business entities (special-purpose company, joint-stock company of employees), identifies Russian corporate law development trends. Besides, the author demonstrates a negative influence of Anglo-American approaches to the Russian legal system, different understanding of basic legislative and doctrinal structures of the corporate law in continental and Anglo-American legal families. As a result, the author substantiates impossibility of isolated and chaotic adoption of legislative solutions from a foreign legal system built on different legal regulation principles. However, the articles makes a reservation stating that entrepreneurial corporations under Russian law should not be understood as a synonym of business entities, and the corporate law is not an element of contractual law, but a sub-branch of Russian civil law.

scholarly journals The Neoindustrial Tools for the Turnover of Book-Entry Securities: Digital Technologies for Implementing and Protecting the Rights of Investors and Issuers

Legal Concept ◽  
2020 ◽  
pp. 73-83
Author(s):  
Denis Matytsin
Keyword(s):  
Russian Federation ◽  
Capital Investment ◽  
Historical Materialism ◽  
Securities Market ◽  
Economic Relations ◽  
Corporate Rights ◽  
Preventive Method ◽  
The Russian Federation ◽  
The Right ◽  
Relationship Of

Introduction: the paper is devoted to the study of economic and legal bases of regulating the turnover of assets in the book-entry securities market, in which transactions of purchase and sale of stocks, bonds, and other instruments are implemented by different subjects of economic relations falling within the jurisdiction of the Russian Federation and foreign states. Methods: the methodological framework for the research is the method of historical materialism, the dialectical method, as well as such general scientific methods of knowledge as analysis, synthesis, hypothesis, analogy, and etc. As specific scientific research methods the comparative legal and functional methods were used. Results: the turnover of assets in the book-entry securities market is studied in the paper as a special channel for financing the economy. The main functions of the market of book-entry securities and their impact on the relationship of all participants of the securities market, among which the main ones are issuers and investors, are defined. The paper shows the vector of transition from a labor-intensive and resource-intensive method of protecting the right - vindication of shares. The categories and roles of investors, their behavior in the securities market, as well as a number of requirements that apply to all investors within the territory of the Russian Federation are compared. The popular mechanisms for protecting the rights of investors are studied. The role and legal possibilities of a vindication claim are analyzed as the main method of protecting the rights. The evolution of the society’s movement to the “Industry 4.0.” format and the application of an innovative method of investment using digital cryptographic records are considered. Conclusions: it is proved that the development of ICO investments is continuing rapidly, and capital investment using this tool is increasing due to attracting a new circle of investors. It is proved that the growing popularity of ICO will lead to the development of the technical “base” of the financial instruments market, strengthening the crypto protection of smart contracts and transactions within their execution, which will eventually make digital cryptographic records used to finance foreign trade transactions habitual investment tools, as well as change the position of individuals and legal entities in the market of bookentry securities, namely, in the process of protecting corporate rights. As a result of the research, it is recommended that the legislation in the field of the stock market provide a preventive method of electronic blockchain registration of jural facts and transactions with book-entry securities, which will avoid fraudulent actions by unscrupulous shareholders, as well as strengthen the rule of law in the execution of public (tax) obligations. The recommendations are made to improve the current legislation; the amendments to Article 149.3. “Violated copyright protection” of the Civil Code of the Russian Federation are proposed; a new version of the Article is given.

scholarly journals The Concept of Commorientes in French and Russian Inheritance Law

2020 ◽  
Vol 8 (1) ◽  
pp. 4-24
Author(s):  
Élodie Créteau ◽  
Natalia Rostovtseva
Keyword(s):  
19Th Century ◽  
Russian Federation ◽  
Civil Code ◽  
Point Of View ◽  
French Law ◽  
Inheritance Law ◽  
Long Time ◽  
The Russian Federation ◽  
Russian Law ◽  
The 19Th Century

The article is devoted to the consideration of the concept of commorientes in French and Russian inheritance law. The commorientes are individuals, entitled to inherit, reciprocally, to each other and considered to have died at the same moment, from the inheritance’s point of view. The commorientes do not inherit reciprocally. The work focuses on how French and Russian law determine the notion of commorientes. Inheritance rules, regarding the commorientes in France and Russian Federation from the beginning of the 19th century are analysed; subsequently, their current versions in force in the French Civil Code and the Russian Federation Civil Code are compared. Particular attention is paid to the issue of the time of the inheritance opening. In the Russian legislation this issue has not been unambiguously resolved for a long time. The article presents the evolution of the Russian and French rules on inheritance after the commorientes. In French law, presumptions of survival have been in effect for many years, allowing to determine the sequence of deaths of people who died as a result of the same event. The article contains the rules of the current legislation in France and in the Russian Federation, as well as suggestions for their improvement.

A methodology for computing and assessing the transport accessibility index: The Russian Federation subjects case study

2020 ◽  
Vol 26 (11) ◽  
pp. 2410-2426
Author(s):  
A.N. Savrukov ◽  
N.T. Savrukov
Keyword(s):  
Russian Federation ◽  
Geographical Location ◽  
Cost Benefit ◽  
Spatial Development ◽  
Economic Effects ◽  
Economic Agents ◽  
Economic Relations ◽  
Transport Accessibility ◽  
Analysis And Synthesis ◽  
The Russian Federation

Subject. This article examines the set of economic relations and problems emerging within the spatial development of settlements and constituent entities of the Russian Federation. Objectives. The article aims to develop key indicators and methods for assessing transport accessibility, potential market capacity, taking into account socio-economic characteristics, geographical location and the level of connectivity of areas. Methods. For the study, we used the methods of economic, statistical analysis and synthesis, comparison, and the k-means method. Results. The article proposes a system of cost-benefit equations for economic agents, and criteria, and a methodology for assessing the Transport Accessibility Index. Based on the clustering of Russian subjects by k-means, the article describes four groups of regions by level of transport accessibility. Conclusions and Relevance. The practical use of the approach presented to assess the Transport Accessibility Index will help form the basis for management decisions aimed at improving efficiency in the planning of spatial development and assessing the socio-economic effects of the proposed measures. The developed Transport Accessibility Index should be used as part of the analysis and monitoring of the effectiveness of infrastructure expenditures affecting changes in the transport accessibility of settlements within individual regions (municipalities).

An analysis of the practice of marketing management of the socio-economic development of the Russian Federation subjects

2020 ◽  
Vol 18 (3) ◽  
pp. 429-445
Author(s):  
I.A. Artashinа ◽  
V.Yu. Dudina ◽  
Yu.N. Zhul'kova
Keyword(s):  
Strategic Planning ◽  
Russian Federation ◽  
Regional Economy ◽  
Well Being ◽  
Effective Management ◽  
Statistical Research ◽  
Investment Activity ◽  
General Scientific ◽  
The Russian Federation ◽  
Visualization Techniques

Subject. This article considers the system of strategic planning documents as a scientific and practical basis for achieving the goal of improving the well-being of the population by increasing investment activity and the competitiveness of the regional economy. Objectives. The article aims to explore the possibilities and features of the application of marketing technologies in the effective management of the development of the Russian Federation constituent entities. Methods. For the study, we used the methods of general scientific and statistical research, content analysis, and data visualization techniques. Results. The article presents a brief analytical overview of strategic planning documents and analysis of the possibilities of using modern marketing tools. The article also highlights the use of marketing to improve the competitiveness of a particular area, taking into account the experience of leader regions. Conclusions. Modern strategic documents regulating the development of regions have some contradictions in terms of the characteristics of the state of the Russian Federation subjects concerning various indicators of development. The problems and practicalities of addressing them need to be more clearly identified. The results of the study can be used by regional and municipal authorities to develop plans to improve the strategic management of the areas' development.

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