Cross-Border Oil and Gas Transactions in Private International Law: Concept, Types, and Features of Regulation

The paper proposes to refer to cross-border oil and gas transactions as contracts mediating relations in the field of international circulation of hydrocarbons. These include all transactions complicated by a foreign element (foreign entity, object, legal fact) and concluded regarding the exploration, development, processing, transfer, transportation of oil and gas as a commodity in the course of entrepreneurial and investment activities. Based on the Russian and foreign doctrine of private international law, the author examines the most common transactions in the industry, analyzes their features, and also proposes a basic classification of contractual structures. In the absence of a wide range of international treaties governing cross-border oil and gas transactions, the author concludes that the conflict of laws method of determining the applicable law is dominant. The importance of non-state regulators lex petrolea is noted, capable of complementing, but not replacing, national legal regulation.

The concept of non-contractual obligations in inheritance law: international legal experience

The article is devoted to the study and analysis of such areas of civil law as non-contractual structures, within the inheritance law of individual European Union countries, the emergence, development and implementation of such structures in regulations governing the inheritance procedures of countries such as Poland, Czech Republic, Republic of Lithuania and the Republic of Latvia. The purpose of the study in the monograph is a comprehensive analysis of the nature and specifics of legal and doctrinal bases of regulation and practice of non-contractual constructions in the inheritance law of individual EU countries (Poland, Czech Republic, Lithuania, and Latvia). As a result of the study the concept of non-contractual constructions of inheritance law is formed in the work. The types of non-contractual constructions, first of all their dialectical classification, architecture and place in the system of inheritance law are singled out and analyzed. An analysis of their identification and separation in different states, depending on the legal family, traces the integrity of the fundamental structure of knowledge about the obligatory rights of the testator within the will, heirs and beneficiaries in their biocentric expression and in the context of social ties. Emphasis is placed on rethinking and solving some problems in inheritance law, from the point of view of new world realities.

The Conflict between the Legal Form and the Economic Content of the Contract and Methods of its Resolution on the Example of a Buyout Lease Agreement

The paper substantiates that the reason for the collision between the legal form and the economic content of the contract is the discrepancy between the real economic goals of the parties to a particular contract and the goals that the legislator had in mind when constructing the legal structure of the corresponding contract, for example, a lease payment in a buyout lease agreement includes not only payment for the use of the property, as it should be for the lease, but also the redemption value of the property. The author identifies and analyzes three ways to resolve this conflict: re-qualification of the contract as a whole or its individual conditions according to the rules on sham transactions, direct application of the general legal principle of justice and the priority of revealing the actual common will of the parties over the literal interpretation of the contract. It is substantiated that the parties to the contract have the right to use certain contractual structures to achieve uncharacteristic economic goals, if such goals are not illegal.

Exclusive right in civil circulation

The textbook presents doctrinal approaches, positions of the Constitutional Court of the Russian Federation, judicial practice, Russian and foreign legislation on issues related to the essence of legal protection of individual intellectual property objects and the nature of the exclusive right to them, contractual structures in the field of intellectual property, as well as the protection of exclusive rights to intellectual property objects. It is prepared for the development of undergraduates studying under the program" Master of Private Law", the discipline "Exclusive law in civil circulation", but can also be used in the study of legal protection of intellectual property results and means of individualization in the course "Civil Law" by bachelors, specialists, as well as in other master's programs. It may be of interest to students, postgraduates, scientists, teachers, practitioners, and anyone interested in intellectual property issues.

CORRELATION OF LEGAL STRUCTURES OF A PRELIMINARY CONTRACT AND AN OPTION TO CONCLUDE A CONTRACT: ANALYSIS OF THEORY AND SYSTEM OF LEGAL PRACTICE

In this article, based on the analysis of the current civil legislation, judicial practice and scientific literature, the problem of the correlation of a preliminary agreement with an option to conclude an agreement is considered. Their legal nature is analyzed, criteria for similarities and differences between the specified contractual structures are determined. The paper provides examples of cases of incorrect differentiation of a preliminary contract and an option to conclude a contract in practice, and also describes the features of their qualification as mixed contracts. The authors conclude that the design of a preliminary contract is different from an option to conclude a contract, despite some similarities. The necessity of legal delimitation of the specified contractual forms, as well as the inclusion of some mixed structures in the Civil Code of the Russian Federation, which will allow to avoid their misuse by the law enforcement officer, is noted.

Relationship between public and private interest in the field of providing medical services under the medical guarantee program

Purpose. The purpose of the work is to determine the manifestation of public and private interest in the provision of medical services under the program of medical guarantees, to outline the legal mechanism for their balancing, as well as to find a place in it contractual structures. Methodology. The methodology includes a comprehensive study of available scientific and theoretical material and case law, as a consequence of the formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used during the research: terminological, comparative, logical-semantic, structural-functional, system-structural, logical-normative, dialectical. Results: The public and private interest in the content of the system of medical services under the program of medical guarantees is singled out. The mechanism of legal regulation of such public relations includes an administrative-legal agreement on medical care and a civil-law agreement on the provision of medical services. These agreements are distinguished by legal nature, linguistic and legal features. The classification of both types of contracts with the design of civil law approaches to administrative and legal relations. Originality. The mechanism of legal regulation of legal relations for the provision of medical services from the standpoint of a harmonious combination of contractual structures of private and public law is comprehensively studied. Practical significance. The results of this study can be used in lawmaking and law enforcement activities on the implementation and improvement of the legal mechanism for providing medical services, as well as in the organization of postgraduate education of health workers in terms of determining the legal nature of medical services in the field of health care reform.

Conceptual features of a public contract in modern civil law

The civil legislation reform affects the provisions on public contracts. This article deals with the issues surrounding public contract qualification under the conditions of modern regulation. A characteristic feature of modern regulation and theoretical provisions of civil law is the lack of unified approaches to defining the public contract concept, its essence, and accompanying conditions. In practice, there are various situations wherein the legislator does not give clear instructions on certain aspects of contracts that have a public character. This determines the theoretical and practical relevance of examining this area. The article analyzes the main defining features of the designated contractual structure and examines the features of expression of public-legal principles in legal regulation in these contractual relations. The methodological basis of the research is the analysis of normative material, civil law theory and certain aspects of law enforcement on public contracts norms. The article highlights the legal and conceptual aspects of public contract institution in the context of modern legal regulation. The task of further research on this issue is not so much to find one correct definition of this agreement for the legislator, but rather to fix the individualizing features in the law, by integrating them either into the conceptual apparatus or by directly fixing them in the normative act text. The author attempts to systematize the relevant features and to identify the distinct principles for differentiating a public contract with the related contractual structures. The article also presents clear criteria for differentiation and the hierarchy of the application of certain rules to relations arising from a public contract. This paper concludes by highlighting the need to proceed not only from the definition of law, but also from specific features of a public contract, when identifying the designated contractual structure.

Applying a specific contractual structure in favor of a third party to a passenger carriage contract

The article considers the possibility of drawing a passenger carriage contract based on the model of beneficiary contracts. In the case of the conclusion by organizations of carriage contracts for organized groups of passengers, a specific contractual structure in favor of a third party may be applied. Minor children can be considered third parties in whose favor a passenger carriage contract is concluded. The contradictions of the current civil legislation regarding the consideration of minor children as passengers have been revealed. The methodological basis of the study includes the following methods. A systematic approach is used to identify the role and place of the passenger carriage contract in the system of civil law contracts, as well as contradictions in civil law. Comparison is actively used to identify similarities and differences in the legal regulation of the passenger carriage contract under the legislation of various countries. Legal modeling is used in the analysis of specific contractual structures, which are legal models, and in modeling the structure of the passenger carriage contract. Methods of formal and dialectic logic are used as well. The contribution to the study of the issue is associated with the scientific justification of the need to improve the legal structure of the passenger carriage contract according to the contract model in favor of a third party.