FOUNDATIONS FOR PROTECTION OF CREDITORS DURING REORGANISATION OF COMPANIES

2021 ◽  
Vol 21 (1) ◽  
pp. 50-74
Author(s):  
A.A. KUZNETSOV
Keyword(s):  
Legal Method ◽  
Russian Law ◽  
Domestic Regulation ◽  
Special Protection

The need for special protection of creditors during reorganisation requires a justification, which has never been specifically analysed in Russian law. The purpose of the study was to determine to what extent such protection should be provided. The article, based on the comparative legal method, reveals the grounds for such protection in the European сountries and compares it with domestic regulation. The study concludes that creditors should be protected only if there is damage from reorganisation.

scholarly journals Sports Law in the System of Russian Law

2021 ◽  
Vol 2021 (2) ◽  
pp. 174-181
Author(s):  
Elena Kovalenko ◽  
Nadezhda Tydykova ◽  
Olga Shavandina
Keyword(s):  
Social Relations ◽  
Physical Culture ◽  
Structural Method ◽  
Sports Law ◽  
Scientific Publications ◽  
Legal Method ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Russian Law ◽  
Interpretation Method

The research objective was to substantiate the concept of sports law as an independent branch of Russian law. Using the induction method, the authors analyzed the general approaches to understanding any branch of law. They believe that, at the present stage, sports law can be considered a complex branch of law. The systemic-structural method made it possible to present sports law not only through its subject and method, but also through sources, principles, and other attributes. Some of the positions expressed in the scientific publications were questioned by the methods of critical analysis. They used the comparative legal method to analyze the positive foreign experience. As a result, they obtained an authentic concept of sports law. They also defined the groups of social relations, their general characteristics, interpretation method, the concept of sports legal relations, etc. The field of sports legislation needs legal codification. A Sports Code of the Russian Federation would be a logical solution to the problem. It should unite the positive experience of foreign countries. Sports law is a complex branch of Russian law. Its subject is relations in the field of physical culture and sports. This branch of law uses both dispositive and imperative methods. The newly developed system of sources of sports law requires systematization, improvement, and legal codification. The results obtained can be used to expand the scientific understanding of sports law and as a material for lawmaking.

scholarly journals The Experience of the International Cooperation in Organized Crime Combating

2020 ◽  
Vol 11 ◽  
pp. 4-8
Author(s):  
Igor M. Matskevich ◽  
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Organized Crime ◽  
Practical Importance ◽  
Practical Significance ◽  
Law Enforcement Agencies ◽  
Transnational Organized Crime ◽  
Legal Method ◽  
Russian Law ◽  
Drugs And Crime

Purpose. Explore the experience of international cooperation against organized crime and identify key positions for improving Russia’s interaction with other countries in this area. Methodology: the basic method of the presented scientific research was the comparative legal method, within the framework of which a diachronic and synchronous, normative and functional comparison of the experience of cooperation in the fight against organized crime was carried out. Conclusions. 1. Without international cooperation, success in the fight against organized crime is impossible. 2. The legal basis for international cooperation in the fight against organized crime is the UN Convention against Transnational Organized Crime of November 15, 2000. 3. An important component of international cooperation in this area is the relevant international organizations: a) UN Office on Drugs and Crime; b) Interpol; c) Europol. 4. Proposals for international cooperation in combating organized crime, which are enshrined in the corresponding US Strategy, are of interest. 5. For Russian law enforcement agencies, the overall coordination of their efforts in international cooperation is of great importance. Scientific and practical significance. The conclusions contained in the article are of practical importance for analyzing the effectiveness of international cooperation in the fight against organized crime.

scholarly journals Freedom of will and its limitations: comparative study of legal norms in Russia and the USA

2019 ◽  
Vol 135 ◽  
pp. 04062
Author(s):  
Vera Borshcheniuk ◽  
Nina Semerianova ◽  
Uliana Filatova ◽  
Oleg Karpovich
Keyword(s):  
Free Will ◽  
The United States ◽  
Research Approach ◽  
Legal Analysis ◽  
Inheritance Law ◽  
Legal Norms ◽  
Legal Method ◽  
The Usa ◽  
Russian Law ◽  
The Right

The relevance of the study is determined by the dynamics of development of inheritance law, both in general and its individual institutions, in particular, the institution of inheritance by will. Due to changes in Russian legislation, it is advisable to conduct a comparative legal analysis of the provisions on free will and the limits of its restriction to Russia and the United States. This will make it possible to determine the potential of the institution under study, used by various legal systems, to indicate direction of its further development in Russia. The leading research approach includes such scientific methods as dialectics, analysis, synthesis, deduction, comparative legal and formal legal method. Conclusions: The scientific approaches to understanding and restraining free will provided by US law differ significantly from their understanding by Russian law, which belongs to the Romano-German legal family. The right to choose the option of accepting the inheritance and the rules on the mandatory share, enshrined in Russian law, testify to the development of inheritance law towards a balance of interests of participants in inheritance relations by establishing new limits for implementation of the testator’s will.

scholarly journals ISSUES OF LEGAL INSTITUTIONALIZATION OF INFORMATION AND PSYCHOLOGICAL SECURITY

2021 ◽  
Vol 17 (3(65)) ◽  
pp. 170-181
Author(s):  
Александр Александрович СМИРНОВ
Keyword(s):  
Legal Regulation ◽  
Security Strategy ◽  
Subject Field ◽  
Legal Method ◽  
National Security Strategy ◽  
Information Law ◽  
History Of ◽  
The Subject ◽  
Russian Law ◽  
Further Development

The paper analyzes the issues of legal institutionalization of information and psychological security. The history of scientific research of information and psychological security is considered, the legality of the use of this category is justified and its author's definition is given. The subject field of legal regulation in the area of information and psychological security is characterized. Purpose: to study the issues of legal institutionalization of information and psychological security and to determine the sectoral affiliation of this institution in the system of Russian law. Research methods: the author uses analysis, synthesis, formal-legal method and structural-func­tional method. Results: the conclusion is substantiated that the legal support of information and psychological security is considered as an intersectoral legal institution, including the norms of constitutional, administrative, informational, criminal and other branches of law. At the same time, the norms of information law play a key role in its content. This institution needs further development in order to implement the National Security Strategy of the Russian Federation in 2021.

ON CONSTRUCT OF THE RIGHT OF PRE-EMPTION IN RESPECT OF PARTICIPATORY INTEREST (SHARES)

2020 ◽  
Vol 20 (4) ◽  
pp. 94-219
Author(s):  
I.S. CHUPRUNOV
Keyword(s):  
General Rule ◽  
Constitutive Theory ◽  
Freedom Of Contract ◽  
Legal Nature ◽  
Public Corporation ◽  
Russian Law ◽  
Right Of First Refusal ◽  
The Right

The paper provides analysis of the legal nature and the mechanism for exercise of the right of pre-emption (right of first refusal) in respect of execution of a contract taking as an example of right of first refusal to purchase a stake in a non-public corporation, and also examines the boundaries of parties’ autonomy and freedom of contract in this area. The author comes to the conclusion that the key elements of the construction of the right of pre-emption are the transformation powers that belong to the right holder. The author also demonstrates that, notwithstanding their dominance in Russian law, the views, which suggest that exercise of the right of pre-emption leads to “transfer of rights and obligations of a purchaser” (the translative theory), should be rejected. These views must be replaced with the constitutive theory, according to which exercise of the right of pre-emption results in a new contract between the right holder and the seller (as a general rule, on the same terms that were agreed between the seller and the purchaser).

Activity of public control entities and development of distributed computing and distributed data storage systems

2018 ◽  
pp. 14-22
Author(s):  
D. V. Gribanov
Keyword(s):  
Distributed Computing ◽  
Data Storage ◽  
Storage Systems ◽  
Legal Regulation ◽  
Distributed Data ◽  
Distributed Data Storage ◽  
Public Control ◽  
Blockchain Technology ◽  
Legal Method ◽  
Digital Assets

Introduction. This article is devoted to legal regulation of digital assets turnover, utilization possibilities of distributed computing and distributed data storage systems in activities of public authorities and entities of public control. The author notes that some national and foreign scientists who study a “blockchain” technology (distributed computing and distributed data storage systems) emphasize its usefulness in different activities. Data validation procedure of digital transactions, legal regulation of creation, issuance and turnover of digital assets need further attention.Materials and methods. The research is based on common scientific (analysis, analogy, comparing) and particular methods of cognition of legal phenomena and processes (a method of interpretation of legal rules, a technical legal method, a formal legal method and a formal logical one).Results of the study. The author conducted an analysis which resulted in finding some advantages of the use of the “blockchain” technology in the sphere of public control which are as follows: a particular validation system; data that once were entered in the system of distributed data storage cannot be erased or forged; absolute transparency of succession of actions while exercising governing powers; automatic repeat of recurring actions. The need of fivefold validation of exercising governing powers is substantiated. The author stresses that the fivefold validation shall ensure complex control over exercising of powers by the civil society, the entities of public control and the Russian Federation as a federal state holding sovereignty over its territory. The author has also conducted a brief analysis of judicial decisions concerning digital transactions.Discussion and conclusion. The use of the distributed data storage system makes it easier to exercise control due to the decrease of risks of forge, replacement or termination of data. The author suggests defining digital transaction not only as some actions with digital assets, but also as actions toward modification and addition of information about legal facts with a purpose of its establishment in the systems of distributed data storage. The author suggests using the systems of distributed data storage for independent validation of information about activities of the bodies of state authority. In the author’s opinion, application of the “blockchain” technology may result not only in the increase of efficiency of public control, but also in the creation of a new form of public control – automatic control. It is concluded there is no legislation basis for regulation of legal relations concerning distributed data storage today.

Ethnological Expertise in Russian Law.

2020 ◽  
Vol 4 (3) ◽  
pp. 292-303
Author(s):  
D.V. Sangi ◽  
Keyword(s):  
Russian Law
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