scholarly journals Provision of Escrow Services at the Absence of an Agreement: The Assessment for Compliance with the Russian Law

2020 ◽  
Vol 37 (64) ◽  
pp. 111-123
Author(s):  
Liudmila Yu. Vasilevskaya ◽  
Marina A. Rozhkova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Digital Environment ◽  
Legal Basis ◽  
Delivery Service ◽  
Study Results ◽  
Delivery Services ◽  
The Russian Federation ◽  
Russian Law ◽  
The Relationship

Based on an analysis of the norms of the Civil Code of the Russian Federation, the authors studied the legal basis for the provision of a range of services by the online classified in the digital environment. Additionally, the authors studied the structure of relations arising between the buyer, seller, online classified, delivery service, and the bank. The article substantiates that there is a conditional escrow of property in the framework of the considered relations, but the fact of concluding an agreement creating an appropriate legal basis for such an escrow is not observed. The study results identify several civil law agreements, needed for the goods delivery services offered by online classifieds. The authors concluded that the relationship system built by the online classified with sellers, buyers, a delivery service, and a bank and providing for the reservation of the buyer’s money excludes the conclusion of an escrow agreement.

scholarly journals RUSSIAN LAW OF OBLIGATIONS REFORMED: THE CONSEQUENCES FOR THE INSTITUTE OF DAMAGES (LOSSES)

2021 ◽  
pp. 689-698
Author(s):  
Y. E. Monastyrsky ◽  
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Code ◽  
Legal Provisions ◽  
The Russian Federation ◽  
Russian Law ◽  
Practice Methods

Introduction: of all the instruments of protection of subjective property rights, the fundamental role belongs to the institute of indemnification, whose regulatory framework needs to be clarified. The purpose of this paper is comparative description of the important legal aspects of the main type of property liability. In accordance with the purpose, the following objectives were set: to determine the extent to which legal provisions of general regulations on obligations laid down in the Civil Code of the Russian Federation should or can be applied to claims for damages; to formulate the proposals for improving the indemnification court practice. Methods: the methodological framework of the study consists of specific scholarly (special legal, comparative legal) and general scholarly (problem-theory, teleological, and system) methods of analysis. The main trends in the development of the institute of liability and the debatable aspects reflected in the Russian and foreign documents were studied with the use of the problem-theory and system analysis methods. Results: being a summary overview of the available knowledge and comparative regulatory material, this paper allowed us to articulate the ideas aimed at improving the fundamental principles of legal regulation of relations in the sphere of protection of subjective rights, in particular indemnification. Discussion: indemnification is a developing major institute of civil law, invariably attracting the attention of scholars around the world. Lately it has taken on special significance and some of its aspects have become a focus of a separate field of scholarly discussion. Many Russian scholars have written about indemnification in a comparative aspect: О. N. Sadikov, V. V. Baibak and others [2, 15]; this paper focuses on the reform of Russian law of obligations and the new provisions of the Civil Code of the Russian Federation of March 8, 2015 and reveals the consequences of the reform for the institute of damages, discussing this topic in detail as a separate standalone issue. Conclusion: we hope that this paper will contribute to further discussion in the civil law doctrine of the ideas and conclusions presented.

On the issue of re-qualification of a civil contract in the labor contract

2021 ◽  
Author(s):  
N.N. Sokolenko ◽  
J.G. Agarkova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Labor Contracts ◽  
Employment Contract ◽  
Labor Contract ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Civil Contract ◽  
The Relationship

The article examines the relationship between the concepts of “employment contract” and “transaction” on the basis of various opinions of scientists and judicial practice, as well as analyzes the legislation of the Russian Federation in the field of determining the powers of tax inspections in relation to the re-qualification of civil law contracts into labor contracts.

The General Provisions on Purchase and Sale in the Civil Code of the Russian Federation

2005 ◽  
Vol 30 (1) ◽  
pp. 101-160
Author(s):  
Stephen Smith
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Critical Examination ◽  
Market Economies ◽  
Western Market ◽  
The Russian Federation ◽  
Russian Law ◽  
Broad Overview

AbstractThe author offers a critical examination of the provisions on purchase and sale in the Civil Code of the Russian Federation. Focusing narrowly on the text of the code, the paper starts with a broad overview of, and commentary on, the provisions and then provides a detailed article-by-article commentary on individual provisions. Potential difficulties are identified (especially with respect to transfer of ownership, remedies, and the code's attempt to blend common and civil law approaches to sale) and suggestions are offered for how the text might be clarified or, in certain cases, substantively changed. In view of the broad similarity between the provisions on sale in the Russian code and the rules on contracts of sale applicable in Western market economies generally, the paper proposes neither far-ranging criticisms nor radical reforms of the Russian law.

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.

Правопреемство в международном праве после распада СССР

2021 ◽  
pp. 134-142
Author(s):  
Vitaly Goncharov ◽  
Анна Попова
Keyword(s):  
International Relations ◽  
International Law ◽  
Russian Federation ◽  
International Organizations ◽  
Legal Basis ◽  
International Obligations ◽  
The Subject ◽  
The Russian Federation ◽  
The Relationship ◽  
Vast Territory

After the collapse of the USSR, a huge superpower that occupied one sixth of the land, the question of succession arose before the states that were part of it. The USSR occupied a vast territory, participated in international obligations, had debts, was a member of international organizations. It was obvious that the relationship between the newly formed states depended on how it was possible to divide the “legacy” of the USSR. The USSR took an active position at the international level, was engaged in the development of weapons. The issue of dividing all assets and liabilities worried the entire international community. His decision was difficult, and the legal basis for making decisions on succession did not seem to everyone to be indisputable. At present, it is obvious to everyone that the Russian Federation became the main heir of the USSR, it was the Russian Federation that continued the policy of the USSR, continued to participate in international relations and in the fulfillment of obligations, despite the equality of all states that were part of the USSR. The issues of the succession of the USSR and Russia are the subject of study of modern international law. Within the framework of this article, some aspects of the indicated topic will be highlighted.

scholarly journals «INDEMNIFICATION FOR DAMAGE»: A REASONABLE NECESSITY OR A MISTAKE OF THE LEGISLATOR?

2020 ◽  
pp. 84-91
Author(s):  
Асхат Назаргалиевич Кузбагаров ◽  
Наталия Александровна Малышева
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
The Russian Federation ◽  
Points Of View ◽  
Relationship Of ◽  
The Relationship

В статье рассматривается проблема целесообразности употребления законодателем понятия «компенсация ущерба». Автор указывает, что существующая дискуссия о соотношении понятий в гражданском праве усугубилась с принятием ст. 16.1 ГК РФ. Обозначены точки зрения разных авторов и предложена авторская позиция восприятия терминологии. The article deals with the problem of expediency of using the concept of «demades for harm» by the legislator. The author points out that the existing discussion about the relationship of concepts in civil law has worsened with the adoption of article 16.1 of the Civil Code of the Russian Federation. The article identifies the points of view of different authors and offers the author's position of perception of terminology.

scholarly journals Relationship Banking and Tax Secret

2019 ◽  
Vol 5 (12) ◽  
pp. 298-304
Author(s):  
D. Ignatochkina ◽  
D. Repukhova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Relationship Banking ◽  
Legal Regime ◽  
Limited Access ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Relationship Of ◽  
The Relationship ◽  
Credit Institutions

The authors of this article consider the problem of correlation of banking and tax secrets. The question raised is relevant, as the exact and concretized concepts of banking and tax secrets have not yet been fixed. However, this paper presents regulations that contain the concepts of banking and tax secrets, but it is also noted that they can be traced conflicts, as the fixed norms are different in scope and content, which causes problems with determining the responsibility of subjects of banking and tax secrets for their disclosure. If we talk about the relationship of these secrets, it should be noted that the priority has a tax secret, since credit institutions can be sanctioned for failure to provide the necessary information for the tax authorities. The authors also note that banking and tax secrecy play an important role in protecting the rights and freedoms of citizens protected by the Constitution of the Russian Federation. Based on this, it is concluded that banking and tax secrets belong to professional and official secrets respectively, that is, they will relate to information with limited access. Based on the special legal regime of these secrets, the authors directly affect the types of responsibility for their disclosure. Such liability includes: civil law, within the framework of labor legislation, administrative and criminal. Each responsibility has its own characteristics and problems, so the authors consider the problems of each of them. At the end of their work, the authors come to the conclusion about how necessary and important these two institutions are.

SECTANITY IN THE CONTEXT OF MANIFESTATIONS OF MODERN RELIGIOUS EXTREMISM

2020 ◽  
Author(s):  
Pavel Agapov ◽  
Kirill Stepkin
Keyword(s):  
Russian Federation ◽  
Religious Extremism ◽  
The Russian Federation ◽  
Relationship Of ◽  
The Relationship ◽  
Theoretical Foundations

The article considers the general theoretical foundations of the relationship of sectarianism and religious extremism in the Russian Federation. Practical examples of the role of destructive sects in modern religious extremism in the Russian Federation are given.

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