scholarly journals Strict civil legal liability in civil law of the Russian Federation on the example of responsibility for inflicted moral distress

2020 ◽  
pp. 48-64
Author(s):  
Artemii Shleinov
Keyword(s):  
Russian Federation ◽  
Moral Distress ◽  
Strict Liability ◽  
Civil Law ◽  
Case Law ◽  
Legal Liability ◽  
Point Of View ◽  
Legal Doctrine ◽  
Entire History ◽  
The Russian Federation

The subject of this research is the examination of such civil law institution of the Russian Federation as the “no-fault liability”. Since the question of strict liability in the current doctrine of civil law is quite critical, the author views this problem through the prism of one of the paramount means of protection of the subjective civil law, namely through the prism of responsibility for inflicted moral distress, tracing its evolution throughout the entire history and considering the legislation and case law. The novelty consists in indicating the possibility of bringing to strict civil legal liability for inflicting moral distress. The author demonstrates the presence of strict legal liability within the civil law of the Russian Federation on the example of current Russian legislation. The article provides the doctrinal and legislative examples that prove this point of view. The novelty also consists in determination of presence of the principle of “strict liability: in the Russian civil law, as well as modeling of situations that this principle could be implemented in. The research results are valuable for future development of the Russian legal doctrine and case law.

scholarly journals The Russian Federation as a subject of defamatory civil law relations during the formation of the digital economy

2021 ◽  
Vol 106 ◽  
pp. 02002
Author(s):  
Alexey Telnov
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Russian State ◽  
Material Goods ◽  
The Subject ◽  
The Russian Federation

The subject of the study of this article is public relations associated with the dissemination of untrue, defamatory information (defamation) with respect to the Russian state, concerning various spheres of its activities, as well as the relevant norms of Russian civil law, the norms of international law governing non-material goods, personal non-property rights of the Russian Federation, as an independent participant of civil legal relations, the provisions of the legal doctrine and judicial practice concerning the relevant objects of civil rights (reputation, business reputation).

A.L. MAKOVSKY AND THE REVIVAL OF RUSSIAN PRIVATE LAW

2021 ◽  
Vol 20 (6) ◽  
pp. 8-17
Author(s):  
E.A. SUKHANOV
Keyword(s):  
Intellectual Property ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Point Of View ◽  
Private Law ◽  
Public Interests ◽  
Private And Public ◽  
The Russian Federation

The article highlights the role of prof. A.L. Makovsky in the creation of the new Civil Code of the Russian Federation of 1994–2006, as well as in the organization of the practice of its application and the development of the Concept for the Development of Civil Legislation of the Russian Federation in 2009. Special attention is paid to the activities of A.L. Makovsky on the preparation of the Fourth Part of the Civil Code of the Russian Federation and the concept of intellectual rights enshrined by it, opposing the traditional archaic concept of “intellectual property”. The importance of the need to increase the attention of civil law to the issue of protecting the rights and interests of citizens and other weakest participants in civil legal relations in their opposition to the interests of large companies striving to take a privileged position in property turnover is shown. From this point of view, the author substantiates the need for a significant adjustment in the understanding of the balance of private and public interests, which is the basis of civil law regulation.

To the issue of legal liability for informational and mental iatrogenesis and their correlation

2019 ◽  
pp. 165-174
Author(s):  
Nikolai Alekseyevich Ognerubov
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Civil Liability ◽  
Legal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
Medical Worker ◽  
The Russian Federation ◽  
Criminal Legislation

We consider various approaches to understanding and classifying such phenomenon as “iatrogenesis”. Taking into account the specifics of the stated theme, we highlight informational and mental manifestations of iatrogenesis, we identify approaches where these types differ, as well as approaches where they are identical. Due to this, we analyze informational and mental iatrogenesis from the juridical science point of view. We define the reasons for the criminal liability of a medical worker for “classical” mental iatrogenesis as highly controversial. At the same time there is a civil liability, namely, the issue of causing moral harm. In the context of the consideration of informational iatrogenesis, we propose to pay attention to the provisions of Article 137 of the Criminal Code of the Russian Federation and Article 732 of the Civil Code of the Russian Federation, as well as the provisions of criminal legislation on offenses to which medical workers may be subject, and the provisions of civil legislation on redress for the non-pecuniary damage as a civil liability. The conducted research led to the conclusion that it is impossible to identify informational and mental iatrogenesis from a legal point of view. We substantiate the necessity of conducting work at the legislative level on a clear classification of iatrogenesis as a basis for further research on its individual differentiations, which have legal significance both in doctrinal and practical terms.

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 Guilt as One of the Grounds for the Prohibition (Suspension) Activities on the Russian Civil Law

2021 ◽  
Vol 2 ◽  
pp. 55-62
Author(s):  
E.M. Senotrusova ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Special Functions ◽  
Objective Assessment ◽  
Civil Law ◽  
Civil Code ◽  
Individual Characteristics ◽  
Point Of View ◽  
Roman Law ◽  
Private Law ◽  
The Russian Federation

The article considers the essence of the category of guilt as one of the grounds for prohibiting (suspending) activities under Russian civil law. The article analyzes the shortcomings ofthe legal definition of guilt stipulated in article 401 of the civil code of the Russian Federation due to the mixing of objectivist and subjectivist concepts. Based on the analysis of the judicial practice of the application of Article 1065 of the Civil Code of the Russian Federation, a conclusion was made about the unsatisfactory state of law enforcement in establishing guilt in a person’s behavior. Monuments of Roman law are studied for the purpose of revealing the category of guilt. A brief overview of approaches to the concept of guilt in the civil legislation of a number of foreign countries and in the Model rules of European Private Law is given. The positions of the Supreme Court of Austria and the countries of the Anglo-Saxon legal family are given on this issue. The article briefly covers the integral theory developed By E. A. Kramer for the objective assessment of individuals ‘ discretion in conducting any activity that may entail adverse consequences for third parties. In connection with the special functions and purpose of the Institute of responsibility in private law and institute for the prevention of harm, the conclusion is defended that it is unacceptable to directly borrow the category of guilt from criminal law to civil law. The article substantiates the need to apply the objectivist concept of guilt in civil law as a deviation from the standard of behavior of an ordinary reasonable participant in the turnover, taking into account individual characteristics of a person. Taking into account the provisions of the current civil legislation on liability, a conclusion was made about the possibility of applying a simplified scheme of forms and types of guilt, including when deciding on the establishment of an injunction. The question of the ratio of guilt, considered from the point of view of the objectivist approach, and wrongfulness is touched upon.

scholarly journals Estoppel and failure to exercise a right

2020 ◽  
pp. 1-10
Author(s):  
Iuliia Sorokina
Keyword(s):  
Russian Federation ◽  
Case Law ◽  
Civil Code ◽  
The Other ◽  
Legal Doctrine ◽  
Contradictory Behavior ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
The Right

The subject of this research is legal relations emerging as a result of unlawful, inconsistent and contradictory behavior of one of the parties. As one of the most common version of such behavior cited the temporary failure of one of the sides in the situation to exercise the right, while the other side reasonably relies on permanent failure to exercise the right. The article examines the examples of unlawful irregular and contradictory behavior that can be observed in the general and special parts of the Civil Code of the Russian Federation, as well as Russian case law and legal doctrine. Analysis is conducted on the position of foreign research on estoppel as a principle of law. A conclusion is made that in the Russian law estoppel represents prohibition of unlawful, inconsistent and contradictory behavior, being a private case of prohibition for unscrupulous behavior. Such approach allows applying the rule of “estoppel” to a situation that is not directly designated in legislation, which can be observed in case law. It is substantiated that the rule of “estoppel” is also contained in the Part 3 of the Article 1044 of the Civil Code of the Russian Federation. Correspondingly, this rule is also applied in a case where one of the parties acted without proper right, while the other party reasonably expected its presence.

scholarly journals Subject of obligation in relation to provision of statement about circumstances

2020 ◽  
pp. 89-98
Author(s):  
Olesia Emelianova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Roman Law ◽  
Private Law ◽  
Legal Doctrine ◽  
Foreign Law ◽  
German Legislation ◽  
History Of ◽  
The Subject ◽  
The Russian Federation

This article presents a brief analysis of the current norms of civil law in the Russian Federation, practice of their implementation, sources of the Roman private law, and norms of foreign law for the purpose of determination of the subject of obligation that emerges as a result of provision of statement about circumstances. The question of correspondence of such obligation to the criterion of validity is being addressed. The provisions of legal doctrine with regards to structure, essence and content of obligation, as well as approaches of legal technique and history of Roman law are used for argumentation of the main conclusions of this research. As a result, the author was able to formulate the subject of obligation that emerges on the basis of statement about circumstances. Obligations characterized by such subject are detected in the Roman private law and modern German legislation. The acquired results allow concluding that obligation due to provision of statement about circumstances is not an extraneous element of the system of civil law of the Russian Federation.

Application by Court of the Closest Connection Principle as General Gapfilling Conflict of Laws Rule

2021 ◽  
pp. 34-41
Author(s):  
Tatiana V. Novikova ◽  
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Civil Code ◽  
Point Of View ◽  
Integrated System ◽  
Gap Filling ◽  
Legal Doctrine ◽  
Conflict Of Laws ◽  
Legal Method ◽  
The Russian Federation

Problem Statement. Addition of new conflict of laws rules to the section VI of the Civil Code of the Russian Federation and exclusion of corresponding relations from the closest connection principle domain in 2013 raise the issue of this principle regulative potential in the modern context. Goals and Tasks of the Research. The main goal of the research is to substantiate relevance for application by court of the closest connection principle as general gap-filling conflict of laws rule. The indicated goal presupposes two tasks: firstly, on the basis of legal doctrine and judicial acts analysis to reveal legal relations for which there is no conflict of laws rule at the moment; and, secondly, to make analysis of specific case where multinational foreign elements do not permit to solve conflict of laws. Methods. Methods of the research embrace general scientific and particular scientific. The first are the general tools of logic, including analysis, synthesis, induction, deduction and analogy, as well as systemic approach according to which the native conflict of laws is considered as integrated system. The key role among the second plays the comparative legal method which allows to compare positions of legal doctrine and various judicial acts regarding application of the closest connection principle. Results, Brief Conclusion. Thesis is substantiated that the closest connection principle as general gap-filling conflict of laws rule will be relevant as far as social relations are evolving and its new forms require legal, including conflict of laws, regulation. The author makes conclusion that the closest connection principle under para. 2 art. 1186 of the Civil Code of the Russian Federation should be applied by court, firstly, when conflict of laws (on the level of international treaty, national legislation and custom) has no rule for private legal relation of international character; and, secondly, when coexistence of several multinational elements, all relevant from the point of view of the applicable conflict of laws rule, does not permit to solve the conflict of laws.

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 PRINCIPLES AND ACTIVITIES OF THE NATIONAL SCIENTIFIC DEVELOPMENT STRATEGY IN THE ARCTIC ZONE OF THE RUSSIAN FEDERATION

2017 ◽  
Author(s):  
Mikhail Bubynin ◽  
Mikhail Bubynin ◽  
Valery Abramov ◽  
Valery Abramov ◽  
Gennady Zabolotnikov ◽  
...  
Keyword(s):  
Development Strategy ◽  
Russian Federation ◽  
National Policy ◽  
Scientific Research ◽  
Point Of View ◽  
The Arctic ◽  
Scientific Development ◽  
Federal State ◽  
Arctic Zone ◽  
The Russian Federation

The paper considers the priorities of the state policy of the Russian Federation in the Arctic, from the point of view of the development of scientific research, identified by the main strategic documents of national policy and security in the Arctic zone of the Russian Federation. Measures for implementation of priorities in the development of scientific research in the Arctic can be divided into three main sections: 1. Scientific projects and expeditions in the Arctic; 2. International activities; 3. Coordination and implementation of integrated research in the Arctic. Note that currently the Ministry of education and science of the Russian Federation develops the Analytical Coordination Program “Comprehensive research of the Arctic and Antarctic”, in cooperation with the federal state bodies and Governance of the Subjects of the Arctic zone of the Russian Federation. The mechanism of the Program will ensure coordination between state bodies for integrated scientific researches in the Arctic in the interests of economic and scientific development of the region, and the creation of the scientific, technical and technological reserve in order to ensure of national security in the Arctic zone of the Russian Federation.

Sign in / Sign up

Export Citation Format

Share Document