scholarly journals Problems of Determining the Guilt of Legal Entities in Administrative Law

2021 ◽  
Vol 7 (5) ◽  
pp. 413-417
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Administrative Law ◽  
Civil Code ◽  
Legal Entity ◽  
Central Focus ◽  
Legal Science ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The problem of determining the guilt of a legal entity for an administrative offense is currently very relevant in legal science. This problem is the central focus of this work. However, in order to fully disclose the problem of determining the guilt of legal entities, the article highlights the problems that are associated with the concept of a legal entity and its essence. The presented paper lists the approaches to determining the essence of a legal entity. The concept of a legal entity in accordance with the Civil Code of the Russian Federation is given. The article analyzes the concept of a legal entity under civil law with the concept of an organization, which is defined in the science of sociology. This article gives the concept of a collective subject. And also, the correlation of the concept of a collective subject and the concept of a legal entity is considered. Further, the article identifies three main approaches to determining the guilt of legal entities in administrative law: subjective, objective and complex, and also expresses the opinion of the authors of the article about the approaches under consideration. The paper presents the author’s conclusions and possible solutions to problems related to the concept of a legal entity and the definition of the legal entity’s guilt in administrative law for administrative offenses.

scholarly journals Affiliation of legal entities: reality and prospects

2019 ◽  
Vol 2019 (3) ◽  
pp. 83-88
Author(s):  
Сергей Тычинин ◽  
Sergey Tychinin ◽  
Олег Скопенко ◽  
Oleg Skopenko
Keyword(s):  
Russian Federation ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Entity ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The relevance of the study of the problem of affiliation of legal entities is determined by the lack of a coherent legal mechanism to ensure the resolution of conflicts of interest between dependent persons. As of today, Russian legislation as a whole does not contain clear provisions regarding the concept of the affiliation of legal entities. Certain laws contain only separate independent concepts, for example, the concept of “affiliation” is used in the Civil Code of the Russian Federation; in the Federal Law «On Competition» - the concept of «group of persons»; in the Tax Code of the Russian Federation - the concept of «interdependent persons». Therefore, the study of the problem of settling relations with affiliates deserves special attention. The objectives of this study are the systematization and analytical study of the legal regulation of the institution of the affiliation of legal entities. In the course of the study, the authors used the following methods: analysis and synthesis, modeling, comparison, analysis of the regulatory framework, synthesis, formal legal method The article examines the issues of legal regulation of the affiliation of a legal entity. The definition of the concept of “affiliation” is given, criteria and signs of affiliation of a legal entity are defined, various scientific approaches to the definition of this category are given, problems of correlation with economic and other types of relations between affiliates are explored. In the course of the study, the authors came to the conclusion that the institution of affiliation in its present form undoubtedly needs to be reformed. It is necessary to develop a unified law, reflecting all the nuances of the concept of “affiliation” and the features of the transactions with affiliated persons.

scholarly journals LEGAL ENTITIES AS THE MAIN PARTICIPANTS IN BUSINESS ACTIVITY IN RUSSIA AND CHINA

2019 ◽  
Vol 6 (4) ◽  
pp. 134-158
Author(s):  
O. Berzin ◽  
E. Shliagina
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
People’S Republic Of China ◽  
Business Activity ◽  
People's Republic Of China ◽  
Legal Entity ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Law ◽  
Legal Entities

The legal entity is one of the most common forms of business activity in the Russian Federation and the People’s Republic of China. The regulation of legal entities in Russia and China has changed in recent years, which makes the study of this issue especially relevant. This article explores and compares the concept of business activity, the system of legal entities and several types of particular legal entities in regard to companies found in Russia and China. The research concludes that the system of legal entities in the Russian Federation has an exhaustive regulation that facilitates the interpretation of the civil legislation and allows distinguishing the relevant characteristics of any type of organization. In China, there was no unified system of legal entities until 2017. While the General Provisions of the Civil Law of the People’s Republic of China adopted in 2017 is a serious and important attempt to establish a system of legal entities, the law does not contain the essential characteristics of legal entities; additionally, a number of the provisions of the legal acts in force devoted to the regulation of the activities of legal entities have not yet been brought in line with the new law.

scholarly journals HEREDITARY FUND - NEW CATEGORY IN THE CIVIL LEGISLATION OF THE RUSSIAN FEDERATION

2017 ◽  
Vol 21 (6) ◽  
pp. 195-200
Author(s):  
Y. A. Tarasov ◽  
G. S. Ignatenko ◽  
N. A. Gulyaev ◽  
D. V. Tertichnikov
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Property Management ◽  
Fund Management ◽  
Legal Entity ◽  
The Will ◽  
The Russian Federation ◽  
The Moment

New category in the Russian civil law (hereditary fund) is described in the article. Hereditary fund represents Russian analog of widespread institute of trust in Europe. Norms regulating activity of hereditary funds will be active from 09.01.2018. Hereditary fund is created by the Civil Code of the Russian Federation to will citizen. On the basis of his property the fund which is carrying out activities for property management receives inheritance. It can be termless or during a certain term. Only one person can create hereditary fund. Hereditary fund is created after the death of the citizen according to his will. To create hereditary fund it is necessary to have the will of the citizen which contains decision on hereditary fund creation. It is also necessary to have fund charter and fund management. The application for hereditary fund creation is submitted by the notary within 3 days from the moment of hereditary opening. As legal entity hereditary fund has isolated property which is formed by provided law. The property from fund is transferred to persons who are named in the decision on hereditary fund establishment or separate categories from an uncertain circle of people defined according to fund charter. The structure of hereditary fund bodies or an order of their formation is also defined by the testator. Despite introduction of a new design to the Russian civil law there are reasonable doubts whether hereditary funds will become popular in Russia or not. It is connected with a number of gaps which are in adopted law.

scholarly journals FEATURES OF THE ADMINISTRATIVE AND LEGAL STATUS OF COMMERCIAL AND NON-COMMERCIAL ORGANIZATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 304-311
Author(s):  
V. Y. Volkov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Civil Code ◽  
Legal Science ◽  
The Russian Federation ◽  
Federal Laws ◽  
Commercial Organizations ◽  
Legal Entities ◽  
Modern Russian

The article deals with the administrative and legal status of commercial and non-commercial organizations. The author conducts a theoretical and methodological analysis of the administrative and legal status of commercial and non-commercial organizations. The author focuses on the fact that in modern Russian legislation there are processes of duplication of norms in the field of legal regulation of legal entities: the same issues are regulated by the civil code of the Russian Federation and special Federal laws, which in some cases leads to contradictions. The author notes that the administrative and legal status of commercial and non-commercial organizations in a number of representatives of legal science is studied in fragments, representing mainly a list of elements, without justification of why these characteristics are highlighted. The author concludes that the administrative and legal status of commercial and non-commercial organizations is a certain structure consisting of several blocks, which, in turn, consist of interrelated elements, the exclusion of which leads to the termination of the administrative and legal status.

scholarly journals Digital rights under the civil law of the Russian Federation

2021 ◽  
Vol 109 ◽  
pp. 01024
Author(s):  
Armine Mograbyan
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Financial Assets ◽  
Digital Rights ◽  
The Russian Federation ◽  
Russian Law ◽  
Definition Of ◽  
Positive Nature

The article discusses a new object of civil rights, which appeared as a result of the addition of the Civil Code of the Russian Federation with article 141.1 “Digital rights”. The features of the definition of digital rights in Russian civil law are revealed. Particular attention is paid to the formulation of the concept of digital rights contained in the Civil Code of the Russian Federation. The author draws attention to the fact that according to Russian civil law, digital rights include only those that are directly named as such in the law, which indicates a legislative limitation of their turnover. In addition, the adopted laws on crowdfunding and digital financial assets were reviewed, as well as utilitarian digital rights and digital rights that relate to digital financial assets were analyzed. Attention is also drawn to other problems raised in the science of civil law regarding the modernization of Russian civil legislation in the field of digital rights. The author emphasizes the positive nature of the appearance in the Russian law of norms on digital rights, as an indicator of a legislative response to the digitalization of the economy and law, and a necessary prerequisite for further regulation of civil law relations changing under its influence.

Codification of Rules of Corporate Legislation on Liability of Managers for Damages Caused to Legal Entities

10.12737/1812 ◽  
2013 ◽  
Vol 2 (1) ◽  
pp. 32-40
Author(s):  
Олег Гутников ◽  
Olyeg Gutnikov
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Civil Code ◽  
Corporate Law ◽  
Legal Entity ◽  
Plenary Meeting ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Corporate Legislation ◽  
Legal Entities

The article covers various matters relating to liability of managers for damages. It contains analysis of particular corporate law rules in question with specific focus on the decree of Plenary meeting of the Supreme Court of the Russian Federation of July 30, 2013 N 62 “Certain Matters Connected with Compensation of Damages by Members of Management in Legal Entities”. The author comes to the conclusion that the rules of liability should be uniform irrespectively of the particular type of legal entity. There are also justifying arguments in support of introduction and codification of general provisions regarding liability of managers into the Russian Civil Code.

SUBORDINATION AGREEMENT IN THE SYSTEM OF PRIVATE LAW

2021 ◽  
Vol 21 (3) ◽  
pp. 7-107
Author(s):  
M.D. TYAZHBIN
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Law Reform ◽  
Private Law ◽  
Legal Nature ◽  
The Russian Federation

The article is dedicated to the category of subordination agreements. Based on the concept of conflict of rights in personam, the author makes an attempt to integrate this category into the system of private law, to determine the legal nature of subordination, and from these positions to assess the effectiveness of Art. 309.1 of the Civil Code of the Russian Federation, implemented in the course of the civil law reform.

INHERITANCE OF THE PROPERTY OF A MEMBER OF A PEASANT (FARMER) FARM

2021 ◽  
Author(s):  
Татьяна Алексеевна Безгодкова ◽  
Людмила Дмитриевна Туршук
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Peasant Farmer ◽  
Legal Entity ◽  
The Russian Federation

В статье рассматриваются проблемы правового регулирования наследования имущества члена крестьянского (фермерского) хозяйства. КФХ может существовать в двух формах: как юридическое лицо и без образования юридического лица. ГК РФ определяет порядок перехода по наследству имущества лишь КФХ без образования юридического лица. The article deals with the problems of legal regulation of inheritance of property of a member of a peasant (farmer) farm. PFF can exist in two forms: as a legal entity and without the formation of a legal entity. The Civil Code of the Russian Federation defines the procedure for the inheritance of property only in a farm without the formation of a legal entity.

scholarly journals THE PROBLEM OF DETERMINING THE LEGAL REGIME OF “DISPUTED” REAL ESTATE: THEORETICAL AND PRACTICAL ASPECTS

2021 ◽  
pp. 19-24
Author(s):  
N.A. Pronina ◽  
T.N. Platunova ◽  
S.O. Kostyakova
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Civil Law ◽  
Property Right ◽  
Legal Regime ◽  
Land Plot ◽  
Legal Definition ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article raises the following topical problems currently inherent in the institution of real estate in theRussian Federation: the unsuccessful legal definition of a real estate object, enshrined in Art. 131 of the CivilCode of the Russian Federation; qualification of objects as immovable and, accordingly, delimitation of themfrom movable ones; the emergence of objects with a controversial legal regime; the need to move from themodel of “plurality” to the model of “unity” of real estate objects. Also, the authors of this article analyzea number of approaches aimed at resolving the above problems and the possible consequences (both positiveand negative) of their implementation in practice, put forward their views and offer their own solutionto these problems. A variant of the legalization of “disputable” objects is proposed by introducing the rightof construction into the civil law of the Russian Federation as a limited property right to use a land plot withthe extension of this right to everything that is being built on such a land plot. The examples of legislativeregulation of the right to build in the civil law of pre-revolutionary Russia are considered, the elements of theright to build in the current law of the Russian Federation are revealed.

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