scholarly journals The Concept and Characteristics of an Entrepreneurial Group as a Special Subject of Legal Relationship of Insolvency (Bankruptcy)

2021 ◽  
Vol 16 (10) ◽  
pp. 84-92
Author(s):  
A. E. Senshin
Keyword(s):  
Legal Status ◽  
Entrepreneurial Activity ◽  
Federal Law ◽  
Economic Dependence ◽  
Property Relations ◽  
Legal Relationship ◽  
Russian Law ◽  
Characteristic Features ◽  
Definition Of ◽  
Relationship Of

The modern property turnover is characterized by the presence of a large number of integration associations of economic entities and the existence of relations of economic dependence between them. At the same time, the legal status of such associations is not defined in Russian law due to the dominance of the traditional civilistic approach that presupposes the legal independence of each participant in entrepreneurial activity. In turn, this leads to significant violations of the rights of creditors of such interconnected persons. This is especially evident in the legal relationship of insolvency (bankruptcy), where opposing interests of the parties collide. Moreover, the insolvency of one member of the association may lead to the insolvency of the entire association as a whole. The purpose of this study is to analyze the characteristics of such a new legal category in insolvency law as an entrepreneurial group. The paper examines the rules of Russian law governing the relations of economic dependence between the subjects of property relations, and the main doctrinal approaches to this problem. The paper examines various approaches to the legal definition of an entrepreneurial group in other legal orders and highlights the characteristic features of this legal category. The conclusion is made about the absence of a systematic approach in the Russian legal system to understanding the forms of economic dependence between the participants of property turnover. The author provides a new concept of an entrepreneurial group and explains the necessity of its introduction into the Federal Law of 26.10.2002 No. 127-FZ "On Insolvency (Bankruptcy)".

scholarly journals The legal status of a peasant (farmer) farm as a business entity

2021 ◽  
Vol 273 ◽  
pp. 08015
Author(s):  
Spektor Ludmila ◽  
Zhmurko Rodion
Keyword(s):  
Real Estate ◽  
Legal Status ◽  
Legal Aspects ◽  
Entrepreneurial Activity ◽  
Natural Object ◽  
Federal Law ◽  
Peasant Farmer ◽  
Land Relations ◽  
Legislative Reforms ◽  
Relationship Of

This article examines the legal status of the peasant (farmer) economy as a subject of entrepreneurial activity which has developed to date, is the result of numerous reforms carried out in this area. In modern realities for the formation of such an association of citizens, the registration of a legal entity is no longer required, which is enshrined in Federal Law N 74-FL of 11.06.2003 “On peasant (farmer) farming”. This article examines the concept of a peasant (farmer) economy, examines the legal aspects of its activities, analyzes the legislative reforms carried out in this area, identifies current problems, and suggests ways to solve them. The article deals with the dual relationship of civil and land legislation arising in the regulation of land relations, including various transactions with land plots. The authors of the article suggest possible options aimed at eliminating the duality of this relationship, despite the fact that the land plot, taking into account the norms of civil and land legislation, can be considered as a natural object and as an object of civil relations with all the characteristics of real estate.

Antitrust compliance: system standardization issues

2021 ◽  
pp. 8-16
Author(s):  
V. V. Soloviev, ◽  
S. V. Yushkin ◽  
S. V. Maksimov*
Keyword(s):  
Law Enforcement ◽  
National Standard ◽  
Federal Law ◽  
Economic Entity ◽  
Effective System ◽  
The Russian Federation ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship ◽  
General Compliance

The article examines the etymology and prehistory of the introduction of the institution of antimonopoly compliance in Russian business practice, the relationship of this institution with the institution of general compliance. The article considers the definition of the concept of antimonopoly compliance, enshrined in the new article 91 of the Federal Law "On Protection of Competition".The authors propose their own definition of the concept of antimonopoly compliance as an activity of an economic entity aimed at ensuring compliance with antimonopoly legislation by employees of an economic entity and an economic entity as a whole by preventing and suppressing violations of the requirements of such legislation and regulatory legal and law enforcement acts based on it.The authors also substantiate the advisability of developing a special national standard GOST R "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) of an economic entity".It is noted that the effectiveness of the antimonopoly compliance system will depend not only on the ability of an economic entity to form an antimonopoly compliance system on the basis of an appropriate national standard, but also on the state's ability to determine and guarantee effective incentives to comply with antimonopoly legislation.The authors substantiate the advisability of supplementing the Code of Administrative Offenses of the Russian Federation with provisions that provide for the obligation and limits to reduce the amount of punishment or replace the punishment with a softer one in the event of an anticompetitive administrative offense by a person who has implemented an effective system of antimonopoly compliance.

scholarly journals THEORETICAL AND LEGAL ASPECT OF THE FORMATION OF THE INSTITUTE OF ACCESSORY OBLIGATIONS.

2021 ◽  
Vol 2 (67) ◽  
pp. 68-72
Author(s):  
R. Truhan ◽  
S Nadtochij
Keyword(s):  
Legal Aspect ◽  
Civil Law ◽  
Roman Law ◽  
Soviet Period ◽  
Legal Doctrine ◽  
Stage Of Development ◽  
Legal Relationship ◽  
Characteristic Features ◽  
Definition Of ◽  
Further Development

The subject of the article is the study of the theoretical and legal aspect of the development of the institution of accessory obligations. The genesis of the category of "accessory" in Roman law is considered, where the formula of the ancients is derived: the validity of the accessory legal relationship is predetermined by the reality of the basic legal relationship, and was quite simple and concise, there is no basic obligation - no additional one. The evolution of "accessory" in domestic civil law is revealed, which consists in the following: in pre-revolutionary civil law, the theory of security deviated from accessory for the sake of convenience for the circulation of security obligations; in the Soviet period, the identification of the terms "security" and "accessory" obligation took root in the scientific circulation; and at the present stage of development of the theory of accessory in Russian civil law, the concept of "accessory" is identified with a security obligation.The author comes to the conclusion about the multidimensionality of the category of "accessory", which consists in the fact that in the course of the development of law, the understanding of accessory obligations has undergone significant changes, going from the perception of accessory as a kind of obligation that ensures the return of debt and the transfer of "belonging" to the goods sold, to its identification with security obligations in general. Gradually, in the legal doctrine, the opinion was fixed that different types of obligations have the property of accessory, and each of them has its own characteristic features and has its own specifics. According to the authors of the article, the further development of the civilistic doctrine of the accessory of obligations will contribute to the final consolidation of the definition of "accessory" within the framework of Russian civil law.

scholarly journals THE INFLUENCE OF DESTRUCTIVE FACTORS ON THE ECONOMIC SECURITY OF ENTREPRENEURSHIP

2021 ◽  
Author(s):  
Iryna Ivonchak
Keyword(s):  
Economic Security ◽  
Entrepreneurial Activity ◽  
Clear Understanding ◽  
Factors Affecting ◽  
Long Run ◽  
Modern Economic ◽  
Methodological Approaches ◽  
Definition Of ◽  
Relationship Of ◽  
The Impact

The article highlights the main destructive factors influencing the economic security of business, namely: risks, threats and dangers, the impact of which leads to undesirable changes in the structure, functions, parameters and effectiveness of business. In the context of scientific research on the nature and relationship of the concepts of «risk», «danger», «threat», as well as their impact on business, the work of both foreign and domestic scientists. The analysis of modern economic scientific literature made it possible to explore the theoretical and methodological approaches of both domestic and foreign scientists in the interpretation of these economic categories. In turn, this allowed us to summarize and present the most common of the existing approaches to defining the categories of «threat», «risk» and «danger» using a table. According to this study, a significant variety of approaches to these economic categories was identified, which led to an imbalance among scientific views and made it difficult to establish a single link between them. In addition, groups of scientists have been singled out, where some researchers identify the concepts of «risk», «threat» and «danger», while others distinguish them and see each other's sources of origin. Given the analysis of the essence of the definition of «risk», «threat» and «danger», we present our own author's approaches to their interpretations, established the distinctions and relationships between them. The vision of interaction of categories «risk», «threat» and «danger» is resulted by means of the scheme-drawing. The importance of a clear understanding of the nature and delimitation of each of the destructive factors, which is necessary for the implementation of research methodology of economic security of business, which allows to determine their scale and assess the impact on economic security. Thus, the identification and neutralization of potential and real risks, threats and dangers that negatively affect the state and effectiveness of entrepreneurial activity, necessitate new requirements to strengthen the economic security of entrepreneurial activity, and its level will determine the ability to resist destructive factors in the long run. Thus, in turn, the results of the research provide an opportunity to prepare a basis for further research related to the definition of methods and areas of prevention and neutralization of destructive factors affecting the economic security of business.

scholarly journals Formation of the Legal Status of the Housing and Communal System in Russia: the Initial Historical Stage

2020 ◽  
pp. 034-039
Author(s):  
I. G. Pirozhkova ◽  
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
Complete Collection ◽  
The Common ◽  
Russian Law ◽  
The Russian Empire ◽  
Relationship Of ◽  
The 19Th Century ◽  
The Relationship ◽  
Different Levels

The article is devoted to the reconstruction of the historical process of formation of urban planning legislation that regulates public relations regarding the creation, maintenance and operation of housing and communal systems. The material was prepared on the basis of regulations included in the Complete Collection of Laws and the Code of Laws of the Russian Empire. The conclusion is made about the presence of non-systematized sporadic normative acts of different levels and effect, covering the areas currently united by the concept of “housing and communal services”, including those specified in codifications of Russian law created in the 19th century. It is concluded that the beginning of the 20th century elements of the “common part” of housing and communal legislation and the relationship of the presented area of regulation with police law were formed.

scholarly journals Legal-Factual Element of Unpaid Privatization of Land Plots by Citizens of Ukraine in the Order of Allotment as of the Basis for the Occurrence of Land Legal Relations of Private Ownership Right

2020 ◽  
pp. 345-349
Author(s):  
Sergiy Grynko
Keyword(s):  
Private Ownership ◽  
Legal Norms ◽  
Land Plot ◽  
Legal Relationship ◽  
Land Privatization ◽  
Legal Consequence ◽  
Definition Of ◽  
Legal Fact ◽  
Ownership Of Land ◽  
Relationship Of

The article proposes the result of a theoretical study on detection and analysis of the system of the relevant legal facts and legalcompositions as one of the elements of the basis for the occurrence of land legal relations (property rights to land plots) as unpaid privatizationof land plots in the order of allotment. The definition of privatization of land plots in the order of allotment as the basis forthe occurrence of relations of ownership of land under the aforementioned method of acquisition of rights is given.In the sphere of unpaid privatization of land plots by citizens of Ukraine in the order of allotment there is a factor of informationaland normative legal nature in the form of a vast system of objective legal norms, reflecting:– model of complex legal composition, i.e. system (complex) of legal facts and legal compositions, and also legal conditions ofthe basis for the occurrence of the land legal relationship accumulated in the legally defined order by the corresponding persons of theland privatization legal relations;– model of legal consequence in the form of the occurrence of the legal relationship of private ownership of land parcel;– cause-effect relationship between the model of complex legal composition and the model of legal consequence (i.e. matrix relationship).Unpaid privatization of land plots in the order of allotment as a basis for the occurrence of relations of land plot ownership is aholistic system of interrelated circumstances (legal conditions) of legal-factual causal, intellectual, legal normative and informationalnature, which is the source for the occurrence (beginning of existence) of the legal relationship of private ownership of land plot.The legal-factual element of the basis for the occurrence of land-privatization legal relationship is the legal fact of filing a privatizationapplication and the necessary documents that must be attached to the mentioned application.The legal-factual element of the basis for the occurrence of land legal relationship of ownership of land plot in the process ofunpaid privatization of land plots by citizens of Ukraine is quite volumetric and represents a complex legal composition, which consistsof a system (complex) of legal facts and legal compositions, as well as legal conditions of the basis for the occurrence of land legalrelation, accumulated in the stipulated order by the appropriate parties of land-privatization legal relations.

scholarly journals Legal nature and features of retirement legal relations of Ukraine in terms of reforming

2020 ◽  
Vol 1 (1) ◽  
pp. 270-275
Author(s):  
Lyusya Mozhechuk
Keyword(s):  
Legal Status ◽  
Pension Reform ◽  
Scientific Article ◽  
Pension Insurance ◽  
Legal Form ◽  
Social Nature ◽  
Legal Relationship ◽  
Legal Nature ◽  
Definition Of ◽  
Legal Entities

The article deals with study of the legal nature and specifics of pension legal relations in Ukraine in the context of pension reform. In the scientific article the definition of such concepts as «pension insurance», «pension» and «pension legal relations» is formed. The main features of pension legal relations are highlighted, in particular, the attention is paid to their redistributive and social-alimentary nature. The specific features of the subjects and the object of the pension legal relationship are disclosed. In particular, the legal status of general and special pension legal entities is provided. The features of the pension that distinguish it from other payments of a social nature are identified. The scientific article describes the relation between the concepts of «pension legal relations» and «legal relations in the field of pension provision». The attention is focused on the directions of reforming the sphere of pension provision of Ukraine and the measures taken at the first stage of reforming. The definition of pension provision of Ukraine is given. This is the kind of material security provided for by the legislation, granted that there are grounds specified by the current legislation of Ukraine. The organization-legal form of pension provision is a pension legal relationship that enables it not only to exist, but to function as a whole. By their legal nature, retirement relationships are complex and characterized by the presence of certain features, including a special subject and an object. Pension law relations have undergone significant changes today due to the first stage of Ukraine's pension reform.

scholarly journals Multi-Genre Strategies of “Walking with Pushkin” by A. Terts (A. Sinyavsky)

2021 ◽  
pp. 173-191
Author(s):  
O. V. Bogdanova ◽  
E. A. Vlasova
Keyword(s):  
World Literature ◽  
Structural Integrity ◽  
State University ◽  
Narrative Strategies ◽  
History Of ◽  
Characteristic Features ◽  
Definition Of ◽  
Academy Of Sciences ◽  
Structural Research ◽  
Relationship Of

Based on the material of the book “Walking with Pushkin” by Abram Terts (Andrey Sinyavsky), the goal is to determine the main narrative strategies that the writer implemented. The authors demonstrate that along with the genre definitions of “novel”, “novella”, “essay”, the narrative is mediated by the techniques of “philological prose” and scientific discourse. It is shown that markers of scientific discursively narrative SinyavskyTerts in “Walking with Pushkin” is the number of characteristic features: composite partitioning, the extension of the goals and objectives  of  the   analysis,   the   coverage of  the  history  of  the  problem,  selection   of  research  methodology,  the   definition   of the novelty of the work, the establishment of perspectives, providing structural integrity, respect of chronology in understanding material, the use of the bibliographic apparatus, etc. According to the authors, the experience of Sinyavsky, a research scientist, who defended the dissertation at MSU, working in world literature of the Academy of Sciences of the USSR, who read lectures at Moscow state University and the Moscow art theatre Studio, influenced the nature of the material in  the  “Walking.” and served as canon  of  structural  research. It is established that a “free”    manner    of    presentation of scientific observations is expressive means of focusing attention on the most pressing issues  of  domestic scientists  to update the relationship of history and modernity (his understanding of own creativity, manifestation of the principle of “pure art”, the semantics  of the principle of freedom within the literature of socialist realism, etc.).

scholarly journals Essence and types of results of operational search activity

2021 ◽  
Vol 2021 (2) ◽  
pp. 110-117
Author(s):  
Aleksandr Sidorenko ◽  
Konstantin Maslennikov
Keyword(s):  
Criminal Investigation ◽  
Material Objects ◽  
Legal Analysis ◽  
Federal Law ◽  
Criminal Proceedings ◽  
Search Activity ◽  
New Developments ◽  
The Social ◽  
Characteristic Features ◽  
Definition Of

Operational search activity is a complex system of interrelated organizational and tactical elements, provides timely detection and use of information necessary to solve the problems of prevention, suppression and disclosure of non-obvious, latent and disguised crimes in the conditions of counteraction from the criminal environment. There is an objective need for the most complete use of the results of the police work in criminal proceedings. The absence in the Federal Law «On Operational Search Activity» of a relevant theoretically based definition of its results is a significant legal gap. The variety of tasks of the operational search activity and the specifics of the operational tools do not allow us to consider the results of this activity as an unambiguous category. Taking into account the special nature of the information obtained by means of a criminal investigation, It is only by means of a structural theoretical and legal analysis of the activity itself that it is possible to identify the characteristic features inherent to the results of this activity and the requirements to be meet. The article offers a structural theoretical and legal analysis that justifies the author’s definition of the results of operational search activities. Only the results of operational search activities can be attributed to the results of the operational search activity. Different search potential and target orientation of operational search activities provide the opportunity to obtain three specific groups of results. The first group of results refers to information that has been identified in the implementation of individual activities or in the implementation of a specific task. The second group includes discovered and preserved material objects. The third group includes new developments that have changed the state of the social environment.

SMART CONTRACT: CONCEPT, LEGAL REGULATION, ASPECTS OF CONSUMER PROTECTION

2021 ◽  
Vol 14 (4) ◽  
pp. 236-247
Author(s):  
IRINA VIKTOROVNA ERMAKOVA ◽  
◽  
◽  
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Smart Contracts ◽  
Legal Norms ◽  
Legal Relationship ◽  
Smart Contract ◽  
The Subject ◽  
Definition Of

The subject of the research is legal norms aimed at regulating by law relations in the field of concluding and executing smart contracts, including issues of protecting the rights of the parties to such contracts, including consumers. The object of the research is social relations arising in the process of creating, concluding and executing of smart contracts. Particular attention is paid to the theoretical and practical aspects of the definition of the concept of “smart contract” and its essence, as well as its legal status. In addition, the article considers approaches to defining the essence of institutions that are closely related to the category of “smart contract”, such as “cryptocurrency”, “digital ruble”, “mining”. The aspects of the protection of fundamental rights of the parties involved in the considered legal relationship, including consumers, are also analyzed. Examples of court decisions regarding the corresponding category of cases are given. The novelty of the research lies in determining the current approaches in relation to the essence, concept and legal status of smart contracts, including the current position of law enforcement practice in relation to this issue. In addition, the novelty of the study lies in considering the practical aspects of the conclusion and execution of smart contracts, including, indicating examples of blockchain platforms on the basis of which smart contracts can function. Ultimately, the study led to the development by the author of some proposals in order to improve the relevant legislation. In particular, the author proposed to consolidate at the legislative level the legal definition of the concept of “smart contract”, indicating the appropriate wording.

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