scholarly journals TRANSFORMATION OF CONTRACT FORM REQUIREMENTS BASED ON THE DEVELOPMENT OF DIGITAL TECHNOLOGIES

2019 ◽  
pp. 49-57
Author(s):  
O. S. Grin
Keyword(s):  
Russian Federation ◽  
Federal Law ◽  
Electronic Communications ◽  
Written Form ◽  
The Russian Federation ◽  
Russian Law ◽  
Model Law ◽  
Civil Laws ◽  
International Instruments ◽  
Contract Form

The article deals with the main issues of improving the Russian civil laws concerning the form of transaction the majority of which are associated with the adoption of the Federal Law of March 18, 2019, No. 34-FZ «On Amendments to Parts I, II and Article 1124 of Part III of the Civil Code of the Russian Federation.» The adoption of amendments mentioned above was preconditioned by the implementation of the federal project «Normative Regulation of the Digital Environment» within the framework of the National Program «Digital Economy of the Russian Federation.» The author highlights similarity of approaches perceived by the Russian law-maker with the provisions of international instruments, in particular the UNCITRAL Model Law on Electronic Commerce of 1996 and the UN Convention on «The Use of Electronic Communications in International Contracts» 2005. It is concluded that, as a result of transformation of requirements for the form of contracts, 2 main variations of written form (a single document signed by the parties, and exchange of documents) and 2 basic fictions of this form (accepting by conduct of a written offer and making a transaction by electronic or other technical means) have been approved.

scholarly journals DIGITAL FINANCIAL ASSETS: INTERNATIONAL APPROACHES TO REGULATION AND THEIR INFLUENCE ON RUSSIAN LAW

Banking law ◽  
2021 ◽  
Vol 1 ◽  
pp. 63-75
Author(s):  
Andrey V. Shamraev ◽  
Keyword(s):  
Russian Federation ◽  
Financial Assets ◽  
Federal Law ◽  
Digital Currency ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law

This paper reviews the international approaches to regulation of digital financial assets and their influence on the Federal law of July 31, 2020 No. 259-FZ “On digital financial assets, digital currency and about modification of separate acts of the Russian Federation” (further — the Law on DFA).

scholarly journals Main Trends in the Development of Russian Law on Non-Profit Organizations

2020 ◽  
Vol 7 (3) ◽  
pp. 81-103
Author(s):  
A. Avtonomov ◽  
V. Grib
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Federal Law ◽  
Non Profit ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law ◽  
The Government ◽  
The Right

The article is a comparative study of legal regulation on non-profits in the Russian Federation by federal law, including the Constitution, federal statutes, decrees of the President of the Russian Federation, resolutions of the Government and Constitutional Court rulings in connection with certain international legal acts dealing with the right to association, and by the law of the constituent entities of the Russian Federation. The main stages of the development of the law on non-profits both at the federal level and at the level of the constituent entities of the Russian Federation, as well as the main trends in the development of non-profit law in modern Russia, are explored.

scholarly journals Expert opinion on a new Russian law "On Freedom of Conscience and on Religious Associations"

1999 ◽  
pp. 66-76
Author(s):  
A. V. Pchelyntsev ◽  
V. V. Ryakhovsʹkyy
Keyword(s):  
International Law ◽  
Expert Opinion ◽  
Russian Federation ◽  
The State ◽  
Federal Law ◽  
Freedom Of Conscience ◽  
Legal Assessment ◽  
Religious Associations ◽  
The Russian Federation ◽  
Russian Law

Legal assessment of the provisions of the Federal Law "On Freedom of Conscience and Religious Associations" (adopted by the State Duma of the Russian Federation on September 19, 1997, approved by the Federation Council on September 24, 1997, signed by the President of the Russian Federation B. Yeltsin on September 26, 1997, was officially published and legalized the forces of October 1, 1997), which contradict the Constitution of the Russian Federation and generally accepted norms of international law

Legal doctrine as a source (form) of Russian law

2019 ◽  
Author(s):  
Александр Чашин ◽  
Aleksandr Chashin
Keyword(s):  
Functional Analysis ◽  
Russian Federation ◽  
Federal Law ◽  
Legal Doctrine ◽  
Philosophical Foundations ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law ◽  
Source Form

The monograph contains a holistic presentation of the problems associated with the domestic legal doctrine when it is considered as a source (form) of law. The author solves a number of theoretical and applied problems relevant to academic jurisprudence. Application of functional analysis has allowed the author to conclusively prove the capacity of legal doctrine to fulfill the role of full-fledged source (form) rights in the legal sphere of the States – participants of the CIS. Having considered the philosophical foundations of the form and content of law, the author defines the forms of legal doctrine. At the same time, an attempt is made to introduce the term "hypostasis of legal doctrine"into scientific circulation. Part of the monograph is devoted to the development of proposals on the rules of subsidiary use of legal doctrine by the courts in the silence of the law, as well as the precedent in the silence of the doctrine. As an application, the monograph is provided with a draft Federal law"on The legal doctrine of the Russian Federation".

scholarly journals Protection of consumer rights from unfair online advertising: certain theoretical and practical aspects

2021 ◽  
pp. 29-47
Author(s):  
Irina Viktorovna Ermakova
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Online Advertising ◽  
Legal Regulation ◽  
Telecommunication Networks ◽  
Federal Law ◽  
Legal Norms ◽  
Consumer Rights ◽  
Written Form ◽  
The Russian Federation

The subject of this research is the legal norms aimed at regulation of relations in the sphere of protection of consumer rights with regards to online advertising, including contextual and targeted advertising, as well as other type advertising distributed over telecommunication networks. The object of this research is the social relations arising in the process of creation, placement, and consumer perception of the aforementioned types of advertising. Special attention is given to the theoretical and practical aspects of protecting the basic consumer rights in the context of distribution of the indicated types of advertising, as well as compliance to the corresponding legislative prescriptions by the advertisers, including prohibition to mislead consumers, requirement to distribute advertising over telecommunication networks after receiving advance consent of the consumer, etc. The article provides the examples of court decisions and decisions of the Federal Antimonopoly Service of the Russian Federation on consideration of the this category of cases. The novelty of this research consists in outlining the effective approaches of the courts and the Federal Antimonopoly Service of the Russian Federation applicable to the essence, concept and relevant issues of legal regulation of online advertising in the context of protection of consumer rights, including controversial aspects of qualification of online advertising in accordance with the criteria of misleading or deception, as well as questions on due processing of consumer consent to distribution of advertising over telecommunication networks. The author makes recommendations for the improvement of corresponding norms of the Federal Law “On Advertising” and the Federal Law “On The Protection of Competition”, namely to stipulate on the legislative level the provisions that qualify advertising as inappropriate if contains potentially misleading or deceptive content, as well as that consent to receive advertising through telecommunication networks should be in a written form and contain the signature of the consumer.

scholarly journals Legal Means of the Prosecutor: Problems of Understanding, Application, and Legal Regulation

2018 ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Studies ◽  
Key Concepts ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law

The Russian Prosecutor’s Offie carries out its activities in the main areas stipulated by the Federal Law «On the Prosecutor’s Offie of the Russian Federation». Despite the specifis of each of these areas, the work of the Prosecutor’s Offie here is characterized by actions of prosecutors provided by law and carried out in the manner prescribed by law. These actions can be described as legal means of the prosecutor aiming at maintenance of legality. Nevertheless, there is no defiition of legal means of the prosecutor in the Russian legislation. Academic approaches to understanding this institution vary considerably as well. The article aims to analyze the scholars’ views on the legal means of the prosecutor, to give its defiition and to classify it. The authors point out that in the Russian law and legal studies there is a lack of unity of understanding key concepts such as powers of the prosecutor, legal means of the prosecutor, and legal means of the prosecutor’s response. The article discusses the topical issues of the concept and essence of the legal means of prosecutors used in supervision over the implementation of laws and non-supervisory functions of the prosecutor’s offie; means of detecting violations of the law; legal means of prosecutorial response to identifid violations of the law; acts of prosecution response; problems of the powers of the prosecutor in exercising supervisory and non-supervisory functions, rights and opportunities of the prosecutor; principles and characteristics of the legal means of the prosecutor, including the means of identifying violations of the law and the means of the prosecutor’s response to the violations of the law, classifiation of legal means. Recommendations on improving the Russian legislation are given.

scholarly journals "Success Fee": Old Song, New Tune

2020 ◽  
Vol 2020 (2) ◽  
pp. 177-185
Author(s):  
Egor Trezubov ◽  
Mikhail Roze
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Point Of View ◽  
Legal Services ◽  
Legal Assistance ◽  
Legal Representative ◽  
Federal Law ◽  
Contingency Fees ◽  
The Russian Federation ◽  
Russian Law

The research featured substantive and procedural peculiarities of contract costing for legal assistance through the so-called "success fee", or contingency fee, from the point of view of various legal approaches. The contract costing for legal services based on contingency fee does not comply with the current Russian law. Therefore, it can be difficult for the lawyer to collect the fee from the customer. Though courts do acknowledge contingency fees, the related business practice remains legally unregulated. The situation did not change in 2013 when the institution of invalidity of legal transactions was reformed in civil law. The issue belongs to the substantive sphere, since the procedural area reveals no peculiarities in reimbursing expenses incurred to pay for the services of a legal representative. The recent innovations of legal regulation on "success fee" are related to the new edition of the Federal Law "On Advocacy and the Legal Profession in the Russian Federation", which entered into force on March 01, 2020. The authors believe that the problem is not the matter of advocacy legislation because it would then contradict with the Civil Code of the Russian Federation, which has priority over other regulations in this case. They criticize the obvious lobbying of legally enforceable precautions to include stipulated remuneration on legal assistance, as well as the substantial restrictions on the rights of private lawyers with no attorneyship.

Environmental and legal problems of ensuring biological safety in the Arctic zone of the Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 66-69
Author(s):  
Natalia Zhavoronkova ◽  
Vyacheslav Agafonov
Keyword(s):  
Russian Federation ◽  
Environmental Law ◽  
Point Of View ◽  
The Arctic ◽  
Arctic Zone ◽  
Federal Law ◽  
Biological Safety ◽  
Legal Problems ◽  
Potential Risks ◽  
The Russian Federation

The article is devoted to the study of modern theoretical and legal problems of ensuring biological security in the Arctic zone of the Russian Federation. The published Draft of Federal law No. 850485-7“On biological security of the Russian Federation”provides an opportunity to take a closer look at the problem of legal provision of biological security in relation to the most vulnerable ecosystems, and, first of all, the Arctic. The article considers the most important features and potential risks of the Arctic zone of the Russian Federation of critical importance from the point of view of biological hazards, the features (specificity) of biological safety problems from the point of view of organizational-legal features and, in particular, from the perspective of environmental law. It is proved that, given the special situation of the Arctic zone of the Russian Federation, in addition to the base Federal law“About biological safety” required a specific law on biological and ecological safety of the Arctic zone of the Russian Federation, which should be generated on a slightly different model than the draft Federal law «On biological safety”, to wear the most specific, applied nature.

THE CONTROL FOR THE ACTIVITIES OF RELIGIOUS ORGANIZATIONS IN THE RUSSIAN FEDERATION

2020 ◽  
Author(s):  
Natal'ya Mihaylenko ◽  
Elena Bondar'
Keyword(s):  
Russian Federation ◽  
Religious Organizations ◽  
Federal Law ◽  
Freedom Of Conscience ◽  
Religious Associations ◽  
The Russian Federation

This article analyzes the concept of control over the activities of religious organizations. The authors focus on certain provisions of the Federal Law “On Freedom of Conscience and on Religious Associations”, for example, one of which contains the following subject of control — the conformity of the activities of religious associations with their statutory goals.

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