Legal Nature and Procedural Features of the Function of Court Assistance Regarding Arbitration

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).

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Powers of the Federal Labor Inspectorate: Problems of Implementation of the State’s Supervisory Function in the Digital Economy

Общество политика экономика право ◽

10.24158/pep.2020.11.8 ◽

2020 ◽

pp. 52-56

Author(s):

Apollinariya Aleksandrovna Sapfirova ◽

Victoria Gagikovna Oganesyan ◽

Alina Vadimovna Podgornaya

Keyword(s):

Surveillance System ◽

Digital Economy ◽

Administrative Reform ◽

Document Management ◽

Labor Rights ◽

Electronic Surveillance ◽

State Structure ◽

Supervision System ◽

Electronic Signature ◽

Legal Nature

This paper discusses the implementation of the Federal labor Inspectorate’s powers in the digital economy during the ongoing administrative reform. The effectiveness of this state structure is affected by its dual legal nature, such as the power of labor inspectors is aimed at protecting the rights of em-ployees. In the conditions of the digital economy and the presence of a pandemic, labor rights are fully protected, and the power of Rostrud is limited in relation to supervised objects by prohibiting cer-tain inspections. Under current conditions, the most essential activity of Rostrud is the need to form an electronic supervision system based on the results of the ongoing legal experiment on the introduction of electronic personnel document management. The use of an electronic signature in the activities of Rostrud is the first step in the possibility of imple-menting an electronic surveillance system, which was catalyzed by the pandemic. We believe that elec-tronic supervision will be the next stage of moderni-zation of Rostrud’s activities in the digital economy.

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