Particularities of Legal Regulation of Franchising Relations Under the Usa Legislation (Problem Statement)

2019 ◽  
pp. 129-133
Author(s):  
D. S. KOSINOVA
Keyword(s):  
Legal Regulation ◽  
Problem Statement ◽  
The Usa

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

scholarly journals FRANCHISING AGREEMENT UNDER THE LEGISLATION OF FOREIGN COUNTRIES

2020 ◽  
Vol 1 (9) ◽  
pp. 33-37
Author(s):  
Oleksii Kucherenko ◽  
Keyword(s):  
Government Regulation ◽  
Self Regulation ◽  
Legal Regulation ◽  
Relevant Market ◽  
Eu Member States ◽  
Doing Business ◽  
Foreign Countries ◽  
The Usa ◽  
Key Terms ◽  
Local Levels

The article is devoted to the topical issue of studying the foreign experience of legal regulation of the franchise agreement. The author emphasizes that there is no comprehensive full-fledged regulation of the franchise agreement either in the national legislation of individual EU member states or at the international level. The article focuses on the franchisor's obligation to enter into an agreement to provide future franchisees with information about doing business under the franchise system, including the basic conditions of the franchise, data on the number of franchisees in the network, its growth, financial performance, etc. The experience of legal regulation of a franchise agreement in such foreign countries as the USA, Great Britain, Italy, Germany, Spain, Estonia, Lithuania, Australia, etc. is considered. The duality of the legal regulation of franchising at the federal and local levels, as well as the prevalence of the most favorable rules for franchisors (USA) is demonstrated. The author focuses on the experience of the institute of self-regulation of franchising and the establishment of appropriate criteria for franchise companies in the absence of government regulation (Britain). The need to adopt a single institutional law in the field of franchising and to enshrine in it all the key terms used in franchising: the actual franchise agreement, know-how, entrance fee, royalties (periodic payments for the use of intellectual property), the franchisor's goods (Italy). It is expedient to establish a provision on mandatory pre-contractual disclosure of information, according to which the counterparty is provided with information on experience, company experience, prospects for the development of the relevant market, duration of the agreement, terms of renewal or termination of contractual relations (France).

scholarly journals Economic dimensions and legal regulation of the recovery of alimony obligations for the support of minor children in Russia

2021 ◽  
Vol 8 (4) ◽  
pp. 640-652
Author(s):  
Yulia Artemyeva
Keyword(s):  
Regression Models ◽  
Well Being ◽  
Legal Regulation ◽  
Opportunity Costs ◽  
Economic Factors ◽  
The Family ◽  
The Usa ◽  
Minor Children ◽  
Integral Indicator

The research aims to substantiate economic factors and legal regulation of alimony obligations for minors’ maintenance in Russia, referring to other countries’ experiences and applying a questionnaire, indicators of the parents’ well-being, the satisfaction of the child’s needs, and parents’ participation in raising a child after a divorce was determined as can be seen in Russia, the USA, Germany, and France. Regression models are built reflecting the influence of the number of alimony payments, the indicator of parent’s participation in raising a child, the opportunity costs associated with the choice made by each spouse in favor of the family and children, on the integral indicator of the effectiveness of alimony obligations and its particular indicators. The results obtained have determined the guidelines for forming legal regulation of alimony obligations in Russia, which will increase the legislative efficiency of the recovery of alimony payments

scholarly journals STATE MANAGEMENT IN THE AREA OF ENSURING THE SECURITY OF THE COURT AND PARTICIPANTS IN LEGAL PROCEDURES

2020 ◽  
Vol 10 (1) ◽  
pp. 73-89
Author(s):  
Vadym Kolomiiets ◽  
Tetiana Lukianenko ◽  
Daria Lazareva ◽  
Nana Bakaianova ◽  
Oksana Kadenko
Keyword(s):  
Public Management ◽  
Legal Regulation ◽  
The State ◽  
State System ◽  
Situational Analysis ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
State Management ◽  
The Usa ◽  
Judicial Protection

The authors investigated the features of the legal regulation of the functioning and organizational aspects of the activities of the authorities, the competence of which includes ensuring the security of the court, judges, and other participants of legal proceedings.Particular attention is paid to the intergovernmental body of the Council of Europe - The European Committee on Legal Co-operation (CDCJ), one of the activities of which is to ensure the proper functioning of the judiciary. The features of the general project between the CDCJ and Ukraine “Support for judicial reform in Ukraine (voluntary contribution)” are identified. The features of the activities of sheriffs in Canada and the USA, the regulatory documents of these countries, which determine the status and competence of the sheriffs in the field of judicial protection, are highlighted. The chronology of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings, from 1997 to the present, is investigated. In the course of the study, the authors have been determined the individual stages of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings; the competence of state bodies to ensure judicial protection and the legal basis for their activities, depending on the period of operation. The content of the norms of some regulatory legal acts of Ukrainian legislation, which regulates the activities of the bodies responsible for ensuring the security of the court, judges, and other participants of legal proceedings, is disclosed. The scheme of “gap” while elemental situational analysis of safety of participants in legal proceedings is examined. A matrix for ranking the factors of complex security of participants of judicial system and recommendations on development of public management in the area of legal and judicial security.

scholarly journals Some aspects of the forensic assessment of the reliability of the testimony of minor victims

2021 ◽  
pp. 69-71
Author(s):  
Ruslan Zaynullin
Keyword(s):  
Legal Regulation ◽  
Forensic Assessment ◽  
Empirical Methods ◽  
Problem Statement ◽  
Dialectical Logic ◽  
Theoretical Methods ◽  
High Level ◽  
A Minor

Problem statement: in the course of analyzing the legal regulation and practice of the participation of minor victims in verbal investigative actions, the author in this article identifies the problem of assessing the reliability of the testimony of minor victims. Objective: to develop general forensic recommendations for criminalistically ensuring the participation of a minor victim in verbal investigative actions, designed to ensure a high level of reliability of their testimony. Methods: empirical methods of comparison, description, theoretical methods of formal and dialectical logic. Results/brief conclusions: gaps in the legal regulation of the participation of a minor victim in verbal investigative actions are identified, and forensic recommendations are formulated to ensure that reliable testimony of minor victims is obtained.

scholarly journals Private space flights: legal regulation in the United States

2020 ◽  
pp. 382-388
Author(s):  
Оleksandr Zadorozhny
Keyword(s):  
United States ◽  
Space Flight ◽  
The United States ◽  
Legal Regulation ◽  
Economic Feasibility ◽  
Gradual Transition ◽  
Significant Shift ◽  
Private Space ◽  
Space Flights ◽  
The Usa

The emergence of demand for space travel, the emergence of commercial enterprises and travel agencies in the space industry,the development of vehicles designed exclusively for transporting tourists into space – all this suggests that space may soon turn froma scientific object into a common destination. Therefore, today the legal regulation of private space flights is a promising issue, giventhat there is no such legislation in Ukraine. We turn to the analysis of the legislation of the United States of America to assess whatarray of regulations we will have to master if we want to develop private space flights at home.A private space flight is a space flight or development of space flight technology that is conducted and paid for by an entity otherthan a government agency. Depending on the purpose, private space flights are divided into flights for the purpose of transportation ofcargoes, and flights within the framework of space tourism.The article presents an overview and analysis of the legislation of the USA regulating private space flights, in particular, flightsfor the purpose of transportation of cargoes, and flights in the framework of space tourism. The author highlights a chronological formationof the commercialization of space, which clearly shows the gradual transition of the United States from a complete reluctanceto allow private space flights to the recognition of the indisputable economic feasibility of such activities. A significant shift in this areahas taken place since 2015, when five directives on space policy, the National Space Strategy and orders on the exploration, extractionand use of space resources were adopted.The author analyzes the main sources of space law in the United States. It was found that mostly, the legislation does not keepup with innovations in the commercialization of space, thus, there is a situation when first comes a relationship (flight of a tourist orcargo into space), and then – the legislative regulation of such relations.

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.

Uncertainty of law as a factor in the stability of legal system (historical example of the USA)

2021 ◽  
pp. 235-243
Author(s):  
Nataliia S. Latypova
Keyword(s):  
Public Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Gradual Transition ◽  
American Constitution ◽  
Historical Continuity ◽  
American Model ◽  
The Us ◽  
The Usa ◽  
The Stability

Certainty in law is a category that is ambiguously perceived by the scientific legal community. We make an attempt to analyze the meaning and role of the category of certainty in the process of creating a stable legal system with historical continuity. On the example of the US and France legislation, we give polar examples of the implementation of certainty of lawprinciple. We conclude about the undoubted usefulness and necessity of preserving this principle in the Russian legal system. However, a study of the French experience of legal regulation has shown that the desire for certainty, achieved through an overly detailed regulation of public relations, only cre-ates additional problems of interpretation and law enforcement, strengthening legal nihilism and citizens' distrust of law. At the same time, the American model, implying some uncertainty of law, has shown its effectiveness in its historical example. The ambiguity and framework nature of the American Constitution and basic federal laws makes it possible to interpret and concretize their provisions in judicial precedents in different ways, depending on the era and socio-political situation, which contributes to the flexibility and stability of the US legal system. In conclusion, it is noted that domestic legislators need to strive for a gradual transition to the American model of implementing the principle of certainty of law, while providing for detailed regulation of public relations at the level of bylaws. Such an approach will preserve the historical continuity and existence of basic normative acts for several decades, preserve the stability and predictability of legal regulation.

Judicial Conciliation in the Protection of Consumer Rights during the Reform of the Procedural Legislation of the Russian Federation

2021 ◽  
Vol 4 ◽  
pp. 34-41
Author(s):  
A.N. Levushkin ◽  
◽  
V. V. Vorobyov ◽  
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
Legal Regulation ◽  
Empirical Methods ◽  
Problem Statement ◽  
Judicial Process ◽  
Dialectical Logic ◽  
Research Activities ◽  
Consumer Rights ◽  
The Russian Federation

Problem statement. The introduction of judicial conciliation procedures in the arbitration, civil and administrative process in order to protect the rights of consumers of services can serve as a positive impetus to the development of civilized out-of-court dispute resolution. However, the corresponding norms of APC RF, CPC RF, the CAJ RF and the Regulation of judicial reconciliation includes a number of provisions that are subject to critical analysis. Special attention should be paid to the rules that establish requirements for candidates for judicial conciliators, in terms of the need for retired judges to conduct research activities, which can hardly be considered justified. Purpose and objectives of the study. To identify the essential features of the application of judicial reconciliation in the protection of the rights of consumers of services during the reform of the procedural legislation of the Russian Federation. Objectives of the study: to perform judicial reconciliation in the protection of the rights of consumers of services to identify deficiencies of legal regulation in the field of judicial reconciliation under the protection of the rights of consumers, to formulate separate proposals for reform of the law. Method of research. We used empirical methods of comparison, description, and interpretation; theoretical methods of formal and dialectical logic; and historical-legal and comparative-legal methods. Results, brief conclusions. It is determined that the current Russian legislation in relation to the judicial process now provides for three types of conciliation procedures used to protect the rights of consumers of services: negotiations, mediation and judicial reconciliation. Mediation and judicial reconciliation, although separated by law, are not fundamentally different in nature. Although there are different requirements for mediators in these types of reconciliation, the appropriateness of such a separation is not sufficiently convincing. It is established that the requirements imposed on conciliators in combination with the powers vested in them can negatively affect the results of reconciliation to protect the rights of consumers of services. In this regard, it is proposed to amend the relevant procedural codes and the Rules of judicial reconciliation, which would eliminate the identified contradictions and shortcomings.

Sign in / Sign up

Export Citation Format

Share Document