scholarly journals THE CONCEPT OF COMPETITIVE COMMITMENTS: CERTAIN ASPECTS OF CIVIL LAW REGULATION

2017 ◽  
Vol 21 (5) ◽  
pp. 158-163
Author(s):  
E. F. Tsokur ◽  
O. B. Novruzova
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Science Literature ◽  
Civil Regulation ◽  
First Case ◽  
Foreign Countries ◽  
Adequate Understanding ◽  
The Subject ◽  
The Russian Federation ◽  
The Many

The article is devoted to several aspects of civil regulation of the competitive obligation. High importance and poor practical readiness of the above problem determine the undoubted novelty of the work. Further attention to the issue of civil regulation of the competitive obligation need for more deep and reasonable permission of civil law actual problems. Competitive obligations represent one more type of obligations from unilateral actions. In them lines of obligations which in private law of foreign countries are called quasicontract are well shown. The contents of these obligations can cover those actions of contestants on a competitive task which are usually made by debtors within a number of civil contracts - the contract, an assignment, the commission and others. Commission by contestants of legal acts - creation of works of science, literature and art is not excluded. In the first case it is not about the actual commission by contestants of legally significant actions in favor of the subject who announced a competition, and about their readiness for legal holding liable of in exchange for observance of the conditions by the person who announced a competition. The holding of public contests again became wide spread occurrence in civil circulation. Thus comparison of the practice of holding public competitions with the provisions of the civil legislation shows that public contests in many cases are in conflict with the law. One of the many reasons is the imperfection of legal regulation and the absence of the organizer and participants adequate understanding of the requirements of the Civil code of the Russian Federation to hold a public competition and in this regard their full or partial disregard.

scholarly journals Features of Legal Regulation of the Circulation Order of Gift Certificates

2019 ◽  
pp. 72-80
Author(s):  
Avak Vartanian
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Advance Payment ◽  
Foreign Countries ◽  
The Gift ◽  
The Usa ◽  
The Subject ◽  
The Republic ◽  
Gift Certificate

The article analyzes the novels of the legislation of the Republic of Belarus concerning the procedure for using gift certificates when selling goods (performance of works, rendering services). It has been done a comparative analysis of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus, Ukraine and some foreign countries (Canada, the USA). The author raises some problems concerning the use of a gift certificate in civil circulation. It is pointed out that there is uncertainty both in the theory of civil law and at the level of legislative regulation regarding the civil law nature of a gift certificate. It is noted that the analysis of the legislation in force in the Republic of Belarus allows us to define a gift certificate as a document certifying the property right (requirement) of its holder (bearer) to receive goods (works, services), and the amount of money contributed when purchasing a gift certificate, as advance payment (advance payment). At the same time, such an approach of the legislator is criticized due to the fact that there is a clear contradiction to the requirements of Art. 402 of the Civil Code of the Republic of Belarus, from the content of which it follows that the advance payment presupposes the existence of a contract in which the subject has been agreed, which is not typical of most gift certificates, due to the fact that they do not contain an indication of the subject of the contract. Having done the analysis of the civil legislation of Ukraine, the author makes a conclusion that there is application of the rules on a purchase agreement to gift certificates, the subject of which may be property rights in accordance with the Civil Code of Ukraine. The conclusion is made about the imperfection of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus and Ukraine, as well as about the complex legal nature of the gift certificate, regarding which legal regulation should be more universal, defining a gift certificate as an independent object of civil legal relationship.

scholarly journals The Features of the Content and Subject Composition of Settlement Agreements in Cases of Invalidity of Transactions

2020 ◽  
Vol 17 (3) ◽  
pp. 310-319
Author(s):  
Valeriya Goncharova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Point Of View ◽  
Relevant Category ◽  
Settlement Agreements ◽  
The Subject ◽  
The Russian Federation

Settlement agreements in civil and arbitration proceedings are one of the most convenient and effective ways to resolve disputes arising between participants in civil legal relations. At the same time, within the framework of some civil disputes, the content of settlement agreements has significant specificity, and sometimes – due to the peculiarities of the subject composition and the merits of the case – they cannot be applied at all for the purpose of reconciling the parties. An example of such disputes are cases related to the recognition of the transaction as invalid and the application of the consequences of the invalidity of the transaction, the legal regulation of which is unique. The economic reasons for the invalidity of transactions predetermine the peculiarities of the content of settlement agreements in the relevant category of cases, limiting it exclusively to the procedure for fulfilling restorative obligations and obligations to compensate for losses. This circumstance is due to the fact that, from the point of view of the dynamics of civil legal relations, an invalid transaction introduces uncertainty in the ownership of property and the distribution of rights and obligations of the participants in legal relations, which can be eliminated only by restoring the situation that existed before the conclusion and execution of the transaction with a defect. The current civil law regulation in this part (Article 4311 of the Civil Code of the Russian Federation), which allows the conclusion of analogues of amicable agreements in cases of invalidity of transactions involving other, in addition to restitution, the consequences of the invalidity of transactions, in this regard, cannot be recognized as satisfactory. Contestation of the transaction by “another person specified in the law” (Article 166 of the Civil Code of the Russian Federation), as well as in the interests of third parties by specially authorized entities (procedural plaintiffs), the possibility of participation in a completed and executed transaction of public law entities determine the raising of questions about the possibility of concluding amicable agreements by these entities. It is noted that these subjects, as follows from the analysis of domestic civil, civil procedural, administrative and family legislation, being interested in resolving the case on recognizing the transaction as invalid and on the application of the consequences of its invalidity, do not participate in its execution, and therefore cannot determine the procedure for the fulfillment of obligations arising from it.

scholarly journals ELECTRONIC EVIDENCE IN THE INVESTIGATION OF CRIMES: THE EXPERIENCE OF THE RUSSIAN FEDERATION AND FOREIGN COUNTRIES

2020 ◽  
Vol 35 (3) ◽  
pp. 162-165
Author(s):  
E.V. Christinina ◽  
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Criminal Case ◽  
Scientific Article ◽  
Electronic Evidence ◽  
Foreign Countries ◽  
The Subject ◽  
The Russian Federation ◽  
Investigation Process

The scientific article is devoted to important issues related to the peculiarities of legal regulation of electronic media used as evidence in the investigation of a criminal case. The object of research of the scientific article is the law enforcement activity of the preliminary investigation bodies on the use of electronic evidence in the investigation of crimes. The article pays special attention to the purpose and production of individual investigative actions, during which electronic evidence is collected and evaluated. The subject of research in the scientific article is a set of norms established by the criminal procedure code of the Russian Federation and the opinions of procedural scientists regarding the use of electronic evidence in the investigation of crimes. The article analyzes the experience of foreign countries in the use of electronic evidence in the investigation process. The conclusion about the necessity and importance of using electronic evidence in a criminal case is summarized.

Absolute relations in the subject of civil law

10.12737/5578 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 69-76
Author(s):  
Камиль Арсланов ◽  
Kamil Arslanov
Keyword(s):  
Intellectual Property Rights ◽  
Civil Law ◽  
Legal Regulation ◽  
Practical Significance ◽  
Specific Character ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection ◽  
The Subject ◽  
The Russian Federation

The article studies one of the central categories of civil law, which is civil legal relations. The category of legal relations that builds the subject of civil law, that receives the cleared fixation in legal acts, including the unified acts (Civil Code of the Russian Federation), causes until present time different discussions in the civil legal science. This is indicated of scientific researches of Soviet and Russian scientists since middle of 20th century. The fundamental division of legal relations into absolute and relative relations tries to earn our interest because of its practical significance. Depending of rating of legal relations to specified kind the optimal mechanism of legal influence on participants of legal relations using of private and / or public legal instruments is defined. Inspite of all these, the subject of this article are first of all absolute legal relations. The author tried to generalize existing concepts in the science of civil law about absolute legal relations, to define the possibility to differentiate absolute and relative legal relations. The question about the possibility of existence of legal relations with elements of absoluteness and relativity, parallel existence of absolute and relative legal relations in connection to the same subject is raised. The specific character of absolute legal relations is analyzed in connection with proprietary legal regulation, regulation in the field of intellectual property rights, protection of immaterial goods and immaterial rights, as well as in connection with relative new field of legal regulation of corporate legal relations. In the article the conclusion about the necessity of resumption of scientific discussion concerning the essence of absolute legal relations and necessity of their cleared definition ad litem is made.

scholarly journals Development of the Russian agricultural law in the context of constitutional reform

2021 ◽  
Vol 118 ◽  
pp. 03018
Author(s):  
Valentina Vladimirovna Ustyukova ◽  
Daria Vladimirovna Tropina ◽  
Tatyana Sergeevna Lebedeva ◽  
Anastasia Maruanovna Surikova
Keyword(s):  
Russian Federation ◽  
Agricultural Sector ◽  
Legal Regulation ◽  
Legal Development ◽  
Constitutional Level ◽  
Self Sufficiency ◽  
Foreign Countries ◽  
The Subject ◽  
The Russian Federation ◽  
The Relationship

The purpose of the research is to show the self-sufficiency of agricultural law as a branch of law and the need to refer agricultural legislation to the subjects of joint jurisdiction of the Russian Federation and its constituent territories at the constitutional level. During the research, emphasis was placed on legal comparative studies; applied were historical-legal, comparative-legal, formal-legal and other general and special methods of the scientific knowledge. The paper resulted in conclusions from the analysis of the historical and legal development of the policy management of agricultural relations in Russia; the identified features of the constitutional regulation of agricultural relations in foreign countries, as well as the designation of the subject of legal regulation of agricultural law and the specifics of the creation of a regulatory framework in the agricultural sector in the Russian Federation. The novelty of the work lies in the conclusion about the relationship between the separation of agricultural legislation at the constitutional level into a separate industry and the effectiveness of the state’s agricultural policy at the federal and regional levels.

scholarly journals On Place and Significance of Forestry Law in the Legal System of the Russian Federation

2021 ◽  
Vol 16 (4) ◽  
pp. 193-205
Author(s):  
L. G. Klyukanova
Keyword(s):  
Legal System ◽  
Environmental Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Problem ◽  
Interdisciplinary Nature ◽  
The Subject ◽  
The Russian Federation ◽  
International Forestry

The subject of this research is the legal problem of identifying the place and significance of forestry law in the Russian legal system. The author analyzes the issues of independence of forestry law as a branch of the legal system in the context of its relationship with other branches of law, primarily with environmental law, as well as with land law and civil law. The subject, method, sources, system and principles of forestry law are investigated. The complexity and multi-structure of forest relations is emphasized. The author draws a conclusion about the interdisciplinary nature of the legal regulation of forest relations by the norms of forestry law, environmental law and related industries, namely land, civil, constitutional and administrative law. The tendency of the formation of international forestry law is revealed.

scholarly journals ADMINISTRATIVE-LAW MODELS ОF GUN USE IN THE RUSSIAN FEDERATION AND FOREIGN COUNTRIES

2017 ◽  
pp. 0-0
Author(s):  
Сергей Зырянов ◽  
Sergey Zyryanov
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Administrative Law ◽  
Self Defense ◽  
Foreign Countries ◽  
Legal Model ◽  
The Subject ◽  
Standard Models ◽  
The Russian Federation ◽  
The Relationship

It is considered that in foreign countries the trafficking of weapons is regulated by the state in a minimal volume and it leads to numerous victims in the result of the uncontrolled use of weapons. In fact, the legislation of all countries establishes the requirements for weapons that can be used as a civilian weapon of self-defense, to citizens who can obtain permission to use self-defense weapons, to the procedure for obtaining permits for storage or storage and carrying of weapons, as well as the storage and carrying of weapons of self-defense. These provisions, according to the author, considered together, define a specific administrative-legal model of arms trafficking. The article presents the classification and identifies three standard models of weapons trafficking, depending on the recognition or non-recognition of government right of citizens to armed self-defense. In addition, the author points to a number of objective circumstances, ignored by the legislator in many countries in the choice of a particular model of the turnover of civilian weapons, and comes to the conclusion that the choice of the administrative-legal model of the circulation of civilian weapons rests with the erroneous order to affect the illegal trafficking of arms on the relationship beyond the subject of administrative-legal regulation of the turnover of civilian weapons.

К ВОПРОСУ ОПРЕДЕЛЕНИЯ ФИНАНСОВО-ПРАВОВОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ОБРАЗОВАНИЯ И НАУКИ В РФ: ПРОБЛЕМНЫЕ АСПЕКТЫ И ПУТИ ИХ РЕШЕНИЯ, СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАРУБЕЖНЫМИ СТРАНАМИ

2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Foreign Countries ◽  
The Russian Federation

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

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