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Bashtovoy Daniil Aleksandrovich Read the Article: Cadastral Registration and State Registration of Rights to Land Plots |
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| Each owner of a land plot is interested in obtaining accurate and complete information about their land plot. The development of land relations and the stability of the civil turnover of real estate are impossible without the existence of a state information database that contains complete and reliable information on existing real estate objects that allow identifying each object accurately. According to the author, the state registration of a right along with the implementation of state cadastral registration of a land plot is not a transaction due to the legal nature of actions different from transactions, as well as the absence of such transactions in civil legislation and the impossibility of their referring to untitled contracts. State registration of rights and cadastral registration of land plots do not generate new rights for immovable objects in subjects of cadastral and registration legal relations.d. | |||||||||||||||
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Key Words: cadastral activity, state cadastre of real estate |
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Bogachev Stepan Viktorovich, Lushkov Maxim Vasilyevich |
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| The article provides statistical information on the number of individual entrepreneurs and their annual growth, discusses the advantages of the existing configuration of entrepreneurship and the legal status of entrepreneurship, the rights and obligations of individual entrepreneurs, the ways of doing business, and mentions the ways of implementing the rights and obligations of individual entrepreneurs. At the same time, the features of the dual status of individual entrepreneurs are considered and the problem of their legal status at the present stage in the Russian Federation is raised. As we can see, the lack of a unified approach of the legislator to the legal status and the definition of an individual entrepreneur is the main legal problem, which in its turn leads to contradictions between its economic status and civil status. The article also provides a comparative analysis of the advantages and disadvantages of individual entrepreneurship in Russia and there was made the conclusion in which the definition of individual entrepreneur was formulated |
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Key words: subject of business activity, business activity, individual entrepreneur, individual, Civil Code of the Russian Federation, advantages of individual entrepreneurship, disadvantages of individual entrepreneurship. |
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Borone Anastasiya Aleksandrovna |
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| In this article, the author considers the problems of legal regulation of the International Civil Aviation Organization (ICAO) activity in the framework of its recommendations and standards. The author singled out the problematical character of regarding the ICAO standards as recommended and voluntary because the number of accidents with the civil aviation transport is steadily increasing. Due to the fact that the developed ICAO standards are not of a mandatory nature, it is necessary to resolve the issue of developing a unified approach, first of all, to ensure the safety of air transportation of passengers and cargo and then to simplify the formalisation of the transportation process. The high formalisation of the process of air transportation significantly reduces the development of air transport activities, increases costs and service prime cost which in turn leads to low competitiveness of air transport. ICAO has proposed the implementation of national programs to simplify the formalization which is a promising direction to improve the quality of transport services and pursues not only commercial but also political goals. Having studied the development of ICAO, the author came to the conclusion that the set of measures implemented within the framework of the national program of facilitation has great potential for the effective development of the air transport industry. | |||||||||||
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Key words: air transportation, civil aviation, International Civil Aviation Organization, Chicago Convention, international standards. |
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Vnukova Yekaterina Andreyevna Read the Article: |
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| The rehabilitation institution is of great importance in the current procedural legislation. The analysis of law enforcement practice regarding the content of the rehabilitation institution points to its incomplete implementation as well as the misinterpretation and use of procedural norms. Nowadays the problem of material aspects of the responsibility of officials and state bodies whose actions have contributed to illegal criminal prosecution is not fully regulated. In the author’s opinion, it is necessary to supplement the content of Art. 59 of the Civil Code of the Russian Federation with the following statement: “. . . reimbursement of payments to the state in the form of recourse shall be made if there is an effective court verdict or other decision establishing the guilt of officials.” This consolidation will allow reflecting the balance of the legal principles of civil liability and internal conviction in making decisions more detailed. |
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Key words: rehabilitation, responsibility of officials, civil liability. |
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Glazunova Kristina Nikolayevna, Yembulayeva Lyudmila Sergeyevna Read the Article: |
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| The issue of altruism is insufficiently studied and discussed in modern science, although the reference to the axiological component of the phenomena of social life has always been inherent in Russian scientific thought. The article studies the issues of altruism as a moral principle, its origin, interpretation, and essence. The general biological bases of altruism, singled out by foreign authors, are noted. An analysis of manifestations of altruism in humans and animals was carried out. The forms of manifestation of human altruism include false and true altruism. Examples of manifestations of various forms of altruism are given. Altruism of animals is studied from the point of view of its instinctive nature, manifested in mutualism and symbiosis. The manifestations of altruism in complex organisms and in protozoa are analysed. The facts of altruistic behavior of animals are singled out. It is noted that the manifestation of altruism in animals is not connected with the definition of taxonomy, but has a connection with manifestations of sociality. A conclusion is drawn about the general biological nature of human and animal altruism | |||||||||||
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Key Words: altruism, man, animal, principle, selfishness, human nature.. |
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| Abstract |
Gnativ Lev Dmitriyevich Criminal Responsibility of Minors: History and Contemporary Problems |
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| There is a significant dynamics between minors’ legal status at different stages of its development in the process of development of the institute of criminal responsibility of minors. The decisive role played the age associated with the onset of criminal liability. However, this institution, at all times, pursues the task of correcting a convicted minor and preventing the juvenile delinquency. But not all criminal laws are effective. This article analyses the criminal legislation at various stages of its development in relation to the institution of criminal responsibility of minors. Particular attention is paid to the effectiveness of certain types of sentences imposed on juveniles under existing criminal legislation. |
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Key words: criminal responsibility, minor |
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Golovin Maksim Aleksandrovich, Krylova Natalya Nikolayevna |
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| In this paper, the authors consider the choice of the construction of the irrigation system of rice, as well as the need for a radical reconstruction of the construction of rice irrigation systems. The authors identify the most critical problems in the process of their exploitation, including the exhaustibility of the physical potential of the irrigation systems of Krasnodar Krai and the stagnation in the renewal of the principles of the operation of the systems. The final decision is a radical reconstruction of the rice irrigation systems, creation of the necessary conditions for both sowing and harvesting, maintaining the soil throughout the course of work to restore it and maintain fertility. The algorithm of reconstruction and design of landscape-meliorative systems of the new generation is planned and the main provisions for the design of landscape-meliorative systems are described. The technology of rice cultivation should be ecologically safe, excluding pesticides and fertilisers poured into water intake areas. It is especially important to exclude the application of chemical plant protection products to weakly saline areas of rice systems in the sanitary protection zones of settlements and water protection zones of open water bodies. | |||||||||||
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Key words: irrigation map construction, rice irrigation system, rice, yield, efficiency, system, reconstruction, technology. |
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Gribanova Anastasiya Sergeyevna Read the Article: On the Application of the Statute of Limitations for the Vindication of Land Plots |
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| The article deals with the specifics of legal protection of property rights when applying the vindication method of protection. The issues of the application of the limitations for the vindication of land plots at someone’s illegal possession are analysed. In particular, the question of determining the moment from which the limitation period begins in the protection of the legality of ownership of land is considered and two approaches to determining the beginning of such period are studied. The analysis of the relevant judicial arbitration practice and positions of the Higher Courts are analysed. In addition, the author studies the issue of starting of the limitation period for claims for the protection of state and municipal property rights due to the specificity of the ownership of land plots by public legal entities. |
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Key words: reclamation from someone’s illegal possession, vindication, land plot, land law, statute of limitations. |
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Yenikeyev Anatoliy Anatolyevich, Melnik Denis Igorevich |
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| The article deals with the characteristics of analytical philosophy that arises in the 20th century, its goals and objectives, as well as the importance of this direction in the history of philosophy. The authors give their analysis of the philosophy of the outstanding philosopher, logic, mathematics, public figure of the 20th century, Nobel prize-winner in literature Bertrand Russell. The authors also show how Bertrand Russell proves to know the world logically in two ways — induction and deduction. According to Russell, philosophy occupies a ‘neutral’ area between science and theology, trying to give appropriate scientific answers to questions in which theology is helpless. Russell’s books Problems of Philosophy (1912) and History of Western Philosophy (1945) are still considered the best introduction to philosophy in the Anglo-Saxon countries. | |||||||||||
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Key words: B. Russell, philosopher, logician, mathematician, public figure, struggler for peace. |
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Zakharyan Angelina Valeryevna, Kolesnichenko Natalya Aleksandrovna Read the Article: The Federal Budget as an Instrument of State Policy and Its Focus on Social and Economic Policy |
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| This article analyses revenues and expenditures of the federal budget for 2018 and the planning period of 2019 and 2020, showing trends in the growth of both revenues and expenditures. There were shown the causes of chaotic increases and decreases in the growth rates of budget expenditures and budget revenues. The structures of incomes and expenditures parts of the federal budget for 2018 and for the planning period of 2019 and 2020 are described in detail, which explains the reasons for the increase or decrease in the forecast amounts of certain items due to internal and external factors of influence on the political, economic, social, and cultural spheres of the Russian Federation. The author explains the reason of the current budget orientation to social and economic policies, as well as the economic phenomena and situations in the Russian Federation which led to the adoption of the Federal Law ‘On the Federal budget for 2018 and the planning period of 2019 and 2020’, the fact why these areas are the leading ones in budgeting and which expenditure items this impact is reflected in. |
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Key words: federal budget, revenue part of the budget of Russia, expenditure part of the budget of Russia, social policy, economic policy. |
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Zinisha Olga Stanislavovna, Karamysheva Anna Alekseyevna Prospects of the Russian Banking Sector Development Based on the Use of Neo-Banking High Technology |
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| In this article, the authors consider one of the main trends in the financial sector — the transition of banking sector from traditional services to online services which is a rapidly developing trend in the financial market — neo-banking. The paper considers a classification of the Internet bank organisation forms, presents the theoretical aspects of neo-banking — the developing trend in the financial market. The article gives examples of the new generation banks and the ways and their differentiation from traditional lending institutions, discusses the principles of neo-banks operation, common features and differences of neo-banking in Russia and the other European coutries, presents their advantages and disadvantages, further ways of development in the Russian market, as well as the key factors that impede their development in the Russian market. Neobanks are gradually becoming part of our lives creating a competitive environment for traditional banks. A number of promising projects are actively developing in Russia which cannot properly be described as neo-banks. Despite the attractiveness for users, the activet introduction of the project in the Russian market is facing challenges due to the relative youth of the Russian banking business, the situation in the banking sector can be described as a natural evolution: some business models of banks stand the test of time, others — do not | |||||||||||
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Key words: fintech start-ups, neo-banking, neo-banks, online banks, direct-banks, challenger banks.fintech start-ups, neo-banking, neo-banks, online banks, direct-banks, challenger banks. |
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Kaunov Aleksandr Mikhaylovich Read the Article: On the Issue of the Age |
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| The norms regulating the legal status and/or determining the legal status of such subject of entrepreneurial activity, as an individual entrepreneur, are reflected in many normative and legal acts of the Russian Federation. Important provisions on the legal status of an individual entrepreneur are secured in the first part of the Civil Code of the Russian Federation, the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs”, the Federal Law ‘On Insolvency (Bankruptcy)”, and other sources of the Russian law. However, despite the quite extensive regulation of the legal status of the individual entrepreneur, there are many gaps and controversial issues in this area. Among these there is the question of the age at which a citizen who has decided to carry out the entrepreneurial activity independently can be registered as an individual entrepreneur. The author is looking for ways to determine the age at which citizens are entitled to engage legitimately in private business and the legal justification of it. In this paper, the author gives the views of domestic legal scientists on this issue and the position of the legislator, shown in the existing regulations, compares the norms of the Russian legislation related to the legal situation of the individual entrepreneur, makes proposals for the further development of legal norms that determine the permissible age of beginning of the activity as an individual entrepreneur. |
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Key words: individual entrepreneur, business activity, legal capacity, legal competence. |
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Kochyan Aleksandr Yervandovich, Maslennikova Lyudmila Vladimirovna On the Concept and Essence of Commercial Concession (Franchising) |
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| The present article discussed the features of commercial concession contract, as in recent years the franchising plays a huge role in the economies of many developed and developing countries and it is mediated by the conclusion of the contract. The authors touch upon the foreign experience of the development of franchising, as well as shows the issues that relate to the problem of determining the concept of commercial concession as a civil contract and the way of doing business, a comparison with the concept of franchising which is used to determine the usual types of contracts in a number of foreign states. The analysis of the term “commercial concession” and “franchising” by analysing and comparing the points of view expressed in the scientific literature by various authors, the results of the study, conclusions are drawn on the concept and essence of the contract of commercial concession. In addition, the article focuses on such a category as the subject of a commercial concession agreement, since there is no unanimous opinion on this issue in the legal literature. The authors consider that the most rational definition of the subject of the contract of commercial concession is expressed by Ye. A.Sukhanov. According to the results of the study, the authors conclude that the legislation on the contract of commercial concession is imperfect, and therefore it is proposed to unify the rules of international law and the rules of national law of individual states in order to facilitate the application of the contract of commercial concession or franchising in the framework of international cooperation. | |||||||||||
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Key Words: commercial concession agreement, franchising, franchise, international cooperation |
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| Abstract |
Karmanova Nadezhda Lyadskaya Yekaterina Maksimovna Read the Article: Some Aspects of Antimonopoly Regulation of Agreements Between Business Entities |
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| Business entities may abuse the right which threatens to cause economic or other harm to social and public interests in the process of economic activity. A comparative analysis of the concepts of the agreements of economic entities and the civil law agreement has led to the conclusion that the content of an agreement between business entities may be expressed as an agreement, which is the intention to take action in the future, and the content of the agreement may not generate the emergence, change, or termination of civil rights and obligations. Thus, it is emphasised that the agreement is defined wider than the contract. The author comes to the conclusion that the antimonopoly agreement as a kind of antimonopoly regulation presented in the form of a lawful action of a business entity and aimed at preventing, suppressing, and limiting the monopolistic activity of business entities. |
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Key words: antimonopoly regulation, agreements between business entities |
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Nekhay Emma Muratovna Read the Article: |
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| This article investigates the issues of ownership and other laws of property to land plots. The author describes what laws of property to land plots exist under the Civil Code of Russia. For this purpose, the right of ownership and other laws of property are determined. The author studies the latest trends in legislation related to the reform of the Civil Code of Russia. The article considers different opinions of scientists on what the property right is and what other laws of property to land plots exist. Such new law of property as the right of site development licence is studied. Limited laws of property which are provided in the Civil Code of Russia are characterised. The draft of the Civil Code with present changes is shown. The problematic issues and ways of their decision are considered and there was developed the independent opinion of the author on the law of ownership and other laws of property to land plots | |||||||||||
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Key Words: property right, proprietor, law of property, land plot, legal regulation. |
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Pankratova Anna Sergeyevna Legal Regulation of Relations in the Field of Consumer Right Protection in the Legislation of Russia and Foreign Countries |
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| In the course of development of economic relations, increasing the living standard of the population and its activity as a consumer, the share of consumer relations is growing and the issue of legal control of these relations, the definition of rights and obligations of the participants, legal protection of consumers arises. Considering that Russia is not the only country where consumer relations exist, investigation of the foreign countries experience is becoming more urgent. This article analyses the legal regulation of relations in the field of consumer protection in the Russian and foreign legislation. Particular attention is paid to the identification and analysis of approaches to regulatory protection of consumer rights in foreign countries. There was made a brief analysis of the norms on consumer rights protection which are secured in a number of regulatory acts of foreign countries such as the USA, France, Germany, China, Britain, Australia, Turkey, Canada, India, and Japan. There were also revealed the trends of the development of legislation on the protection of consumer rights in foreign countries legislation for its further application in domestic law. The article suggests the ways to improve domestic legislation in the field of consumer rights protection, taking into account the experience of foreign countries |
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Key words: civil law, legal regulation, consumer protection, unification of principles on protection of consumer rights, incorporation of principles on protection of consumer rights. |
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Pismenskaya Valeriya Aleksandrovna Read the Article: On the Issue of Defining the Status of the Central Bank of the Russian Federation |
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| The Central Bank of the Russian Federation has a huge influence on the financial and economic sphere of the Russian Federation. Many scientists note its central position among other banks and refer to its centralisation of the state powers in the field of monetary relations. Many scientists also emphasise the monopolisation of its authority. It has a large regulatory and legal framework, including the Constitution of the Russian Federation which fixes the main powers of the Central Bank of the Russian Federation, Federal Law of 10.07.2002 No. 86-FZ “On the Central Bank of the Russian Federation”, and Federal Law of 02.12.1990 No. 395-1 “On Banks and Banking Activities”. However, it should be noted that even with such a fundamental legal framework, the Central Bank of the Russian Federation does not have a legal position as such, since its status has not yet been determined in any of the existing laws. In addition to the problem of establishing the legal status of the Central Bank of the Russian Federation, there is also the problem of establishing a place in the system of public authorities. In this scientific work, the author studies the issue of the legal status of the Central Bank of the Russian Federation, as well as the problem of legislative consolidation of the status. Its most precise definition is considered on the basis of the opinions of other scientists. | |||||||||||
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Key Words: Central Bank of the Russian Federation, legal status, legislative consolidation of the legal status, elements of the legal status. |
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Poshina Margarita Aleksandrovna Topical Issues Connected with the Application of the Institution of Emancipation in Russia |
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| The article considers the institution of emancipation in the modern Russian civil legislation. Attention is drawn to the contradictions that exist in the legal framework as well as the lack of its legal consolidation in the legislation which requires the introduction of positive changes for the effective application of the institution of emancipation in civil law enforcement. The issues of acquisition of legal capacity of a minor by means of emancipation, the essence and purpose of this legal phenomenon and the conditions of its application, as well as the legal consequences, the impact of emancipation on the legal status of minors as subjects of various types of legal relations are put forward for consideration. As a result of the research and analysis, the author made certain conclusions about the presence of some existing contradictions in the legal framework requiring positive changes for the effective application of the institute, there were developed the recommendations for improving legislation in this area. |
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Key words: minor, trusteeship, guardianship, institute of emancipation, conditions of emancipation |
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Sarkisyan Ivan Arturovich On the Issue of the Concept of a Foreign |
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| Tendencies of migration flows increase as well as the expansion of the scope of attracting foreigners to work pose a challenge for Russia to formulate mechanisms for the legal regulation of labour activity of foreign citizens. The different interpretation of labour activity carried out by foreign citizens in legal acts leads to ambiguity when applied by courts and law enforcement agencies. So, it is necessary to carry out their unification. The author notes that to prevent inconsistency in the interpretation of concepts that indicate the performance of work by a foreign worker, it is necessary to carry out their unification or to fix the general principles, signs, and essence of the performance of work by a foreign worker in the labour legislation. It should be noted that these provisions will apply to all labour relations with foreign workers, if other ones would not be established by the Labour Code or other legal acts. | |||||||||||
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Key words: foreign worker, migrant, labour activity. |
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Shapovalova Yelena Vladimirovna On the Issue of Improving Legislation in the Field of Forced Labour: International and National Aspects |
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| Economic transformations based on the recognition of the diversity of ownership forms, the unity of the economic space, freedom of entrepreneurship, made changes in the content of legal relations in the sphere of labour activity. This contributed to ensuring the possibility of a person to be free in their attitude to work. Forced labour is an unacceptable form of purposeful activity of a person, a restriction of their freedoms in the legal system of any state. Statistical data which testify to the facts of violation of the right to work, and the infringement of employees’ freedoms by the employer emphasise the urgency of this problem. On the example of the analysis of international and national legislation the author notes the tendency of the implementation of the norms on the prohibition of forced labour in the legal system of the Russian Federation. The study of the judicial practice of forcing the employer to work for a job close to forced labour demonstrates the need to continue improving the labour legislation in this area. |
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Key words: forced labour, international labour organisation. |
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Shmeleva Veronika Alekseevna The Issue of Legal Personality of Transnational Corporations in International Law |
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| The article considers the problem of lodging transnational corporations (TNCs) with international legal personality and assesses the impact on creation of regulatory acts of other entities to TNCs. One of the main trends in the modern world is the globalization of the world economy, in the process of which the largest international corporations become to operate around the world. A transnational corporation is a complex that takes an international approach and involves the creation of a transnational production, trade and financial system, with a single decision-making centre in the domestic country and branches operate in other countries. However, despite their international nature, the issue of international legal personality for TNCs is debatable. | |||||||||||
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Key words: public international law, private international law, legal personality, transnational corporations, creation of regulatory acts |
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