No. 22, December 2018

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No. 22, December 2018

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№ 22, декабрь 2018

Table of Contests

Avetisyan Guarik

Gagikovna

Read the Article:

Name of Place of Origin of Goods as an Object of Civil Rights

Abstract

In the article, the author considers the legal status of the appellation of origin of goods as an object of civil rights. The analysis of the current civil legislation. It is concluded that the designation of the place of origin of the goods is a means of individualization, which has certain similarities with the trademark and commercial designation, but at the same time it has individual features that allow it to have its own special legal regime and be subject to civil rights. Registration of the place of origin of goods is possible only if the product has special properties, which are exclusively natural conditions or human factors characteristic of the geographical object. At the same time, the author formulates a conclusion on the need for further theoretical understanding, as well as a clearer legal regulation of the provisions regarding the place of origin of goods.

Key Words: place of origin of goods, objects of civil rights, intellectual rights, civil law

	Abstract	Aliyev Rufat Rafaelovich Read the Article: On the Issue of the Legal Status of the Pledgee as the Subject of the Pledge Legal Relationship
The article touches upon the legal status of the pledgee as a subject of the pledge legal relationship in the Russian Federation in accordance with the provisions of civil legislation, presented primarily by the Civil Code and some federal laws. Much attention is paid to the consideration of legislative consolidation in these normative legal acts of the rights granted by law, duties as one of the parties to the collateral legal relationship. The guarantees provided by legal acts of protection of the rights of the pledgee are considered and the bases of application of these guarantees fixed by the civil legislation are specified, and the guarantees having special importance in system of legal guarantees are noted. In addition, the article considers the provision by law to the pledgee of a specific mechanism for regulating the pledge legal relationship and, at the same time, limiting the scope of his rights and their implementation in practice
Key words: the pledge, the pledgee, the collateral, the collateral subject of legal relations, legal status.

Ammalaieva Galimat

Abduhalikovna,

Petrosyan Armine

Garnikovna

Read the Article:

The Issues of Cross-Border Adoption

Abstract

Problems of legal regulation of cross-border adoption do not lose their relevance to this day, primarily due to the fact that in the field of adoption it is impossible to ensure proper unified regulation of emerging legal relations, due to the collision of different conflict-of-law rules of the state of the child’s origin and the host state. Each state shall, at its discretion, establish the legal regulation of the adoption procedure, but in the case of cross-border adoption, this procedure must be consistent not only with the law of the state of the child’s origin, but also with the law of the host state. In this article the issues related to the procedure of adoption are analyzed, various approaches related to the adoption secrecy protection are considered. The authors address the legislation of certain countries of the world for a comparative analysis of the age requirement for adoption, as well as to determine the permissible minimum age difference.

Key words: cross-border adoption, mystery of adoption, foreign citizens.

	Abstract	Achmiz Asiyet Yusufovna, Nazarov Artem Aleksandrovich Read the Article: On the Issue of State Regulation of the Activities of Farms
This article discusses current issues of the legal status of farms, delimits the notions of a farm with and without a legal entity, and identifies the main problems of the regulatory regulation of the status of the farm as a legal entity. The authors come to the conclusion that the peculiarities of the legal status of a farm created as a legal entity at the legislative level do not find sufficient regulation, despite the presence of the relevant indication in Paragraph 5 of Article 86.1 of the Civil Code of the Russian Federation
Key words: farm, commercial organization, entrepreneurial activity, government regulation.

Bezruk Vladislav

Sergeyevich

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Civil Liability of the Freight Forwarder for Non-Fulfillment or Improper Fulfill-ment of Obligations from
the Freight Forwarding Contract

Abstract

At the stage of development of domestic economic relations, the legal regulation of freight forwarding activities is becoming increasingly important from the point of view of transition to the form of the economy and an increase in the number of commodity ties between business entities both within the Russian Federation and abroad. Increasing the logistics of the delivery of goods requires special knowledge from shippers. This article covers the issue of civil liability for failure to fulfill or improper fulfillment of obligations under a freight forwarding contract. Obligatory responsibility for the expedition in the legislation of Russia is also mandatory.

Key Words: freight forwarding contract, civil liability of the freight forwarder, freight forwarder.

	Abstract	Belchik Anastasiya Maksimovna, Pavlov Nikolay Vladimirovich Read the Article: The Issues of Municipal Control Carried Out by the Local Governments
The article discusses and suggests various ways to solve problems arising in the implementation of municipal control by local governments. The subject of municipal control is forest, land, housing, financial control, control in the field of road and trading activities. To date, the problem of means of municipal control in the legal literature is given a lot of importance. However, little attention has been paid to the issue of the legal process of municipal control. It is noted that the difference between state land control and municipal land control is that state land control is carried out by specially authorized state bodies. The author comes to the conclusion that it is necessary to adopt a separate regulatory act regulating the institution of municipal control: the delimitation of powers, competence, and the status of municipal control bodies
Key words: local governments, state control (supervision), municipal control (supervision), municipal legal act.

Beskorovaynaya

Anastasiya

Gennadiyevna

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On the Issue on the Concept of Public Order

Abstract

The article analyzes the theoretical and practical problems associated with the fact that there is no legally fixed definition of public order. The author suggests solutions that are derived from the current legislation and judicial practice, studies various terminological approaches to the understanding of the legal phenomenon. The paper also examines the provisions related to the essence of public order in private international law. Special attention is paid to the legal basis of both national and foreign legislation. In addition, the article reflects the views of experts in the field of private international law on the field of understanding of public order. The author proposes to provide legislative regulation of this institution of private international law

Key words: international private law, public order, conflict, bases of law and morality, the principle of conflict of laws

	Abstract	Bondarenko Anatoliy Vitalyevich, Khmelkov Nikita Vladimirovich Read the Article: Issues of Transboundary Insolvency (Bankruptcy) in the Russian Federation
The authors consider the issues arising in the sphere of across-the-border bankruptcy complicated by a foreign element. The practice of recognition of foreign bankruptcies in Russia is beginning to develop. The article discusses one of the most acute problems of cross-border bankruptcy related to the interaction of different jurisdictional proceedings and evasion of foreign bankruptcy. An example of evasion of the law by means of across-the-border bankruptcy (insolvency) of an individual is presented from international practice, there were considered the methods of its counteraction. The information presented in the article will be useful to a wide range of readers: practicing lawyers, law enforcement officers, as well as civil employees
Key words:cross-border bankruptcy; principle of reciprocity; public policy

Bychek Yekaterina

Sergeyevna

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On the Issue of Legal Regulation of Movable Property Pledge

Abstract

The article touches upon the pledge of movable property in the Russian Federation. The article considers its legal consolidation in the Russian legislation, the tendency for the development of pledged legal relations with respect to movable property. It is noted that the future pledgee before entering into a pledge of movable property should contact the notary with an application for an extract from the register of pledge notifications and make sure that the specific movable property in respect of which the pledge agreement is to be entered into is not mortgaged. The author notes that the introduction of the institution of accounting for the pledge of movable property provides, to a greater extent than before, the protection of the rights of the pledgee, as well as third parties with whom the pledgee enters into legal relations.

Key words: pledge, movable property, legal regulation, pledge of movable property.

	Abstract	Vasilevskaya Irina Dmitrievna Read the Article: The Current State and Problems of Land Legislation Development
Land relations have always been the focus of public attention. They were and remain relevant for all segments of the population—both with and without land plots. The land issue, due to its social acuteness, is the basis of the state economic policy. With the adoption of the Constitution of the Russian Federation legalized various forms of ownership, including land. This led to inevitable changes in land legislation, which, along with reforms in the country, predetermined the emergence of new land relations. These legal relationships are diverse, various land users interact in their framework, which was not so in Soviet times. This interaction must be properly resolved to avoid collisions.
Key words: land legislation, land relations, development of land legislation.

Gevorkyan Marina

Robertovna,

Chernov Yuriy

Ivanovich

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Some Theoretical Aspects of Petty Bribery in Criminal Law of the Russian Federation

Absract

This article analyzes various theoretical problems of the legal regulation of such innovation in the Criminal Code of the Russian Federation as petty bribery. The authors analyze various approaches regarding the determination of the degree of public danger of petty bribery. The authors propose certain measures to improve the criminal and legal regulation of petty bribery. The main theoretical aspect was revealed, which lies in the fact that today there are no clear limits to the differentiation of responsibility for the petty bribe. The authors define the position regarding the differentiation of petty bribery, which is that the key criterion for differentiation is the degree of public danger, namely the presence of certain consequences.

Key words: : petty bribery, criminal law, differentiation of criminal responsibility, method of legal modeling.right holder, trademark, exclusive right to trademark, verbal name.

	Abstract	Gevorkyan David Arsenovich Read the Article: Problems of the Parties Will Autonomy Principle in International Private Law
The article deals with the problems of implementation of the parties will autonomy principle in the private international law. The relevance of the problem is connected with the growth of business activity in the framework of international economic relations, where commercial agreements on cooperation of economic entities are drawn up. In his work, the author highlights the relevance of the problem for the Russian market, the enterprises of which are interested in foreign economic activity. There were shown the reasons by which the principle of autonomy of the parties does not meet the modern requirements of the public international law. The key problems of the implementation of the principle of autonomy of the parties will in international private law based on the analysis of Russian and foreign legislation and the law enforcement practice were analyzed. There was proposed the list of events which could form the ways of the solution of the main principle of the parties will autonomy
Key words: international private law; autonomy of will; international commercial contract; international relationships

Gruntov Denis

Vladimirovich

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On Some Issues of Land Plots Property Right

Abstract

In the article, the author examines the existing legal conflicts in the terminology used in legal relations regarding land plots, which entail problems in the application of these norms. In particular, the discrepancy in terminology is considered in the Constitution of the Russian Federation, the Land Code of the Russian Federation and the Civil Code of the Russian Federation is analyzed. The article also addresses the issues related to ownership of land, such as the limits of the exercise of title to land, the issues of acquiring ownership of land and the relationship between the notions of acquiring, transfer and provision.

Key Words: land plots, property rights, legal relationship, collision, terminology, land settlements.

	Abstract	Gulova Alina Vladimirovna Read the Article: On the Issue of the Legal Status of the Self-Employed in the Russian Federation
The article reveals the features of legal regulation of self-employed citizens in modern Russia in the framework of the next tax reform. The article analyzes the Federal law On Conducting an Experiment to Establish a Special Tax Regime Named “Tax on Professional Income in the city of Federal Importance of Moscow, in Moscow and Kaluga Oblasts and in the Republic of Tatarstan (Tatarstan), which comes into force on January 1, 2019. The author discusses the legal position of the scholars on the right of CMV status the self-employed and gives the examples of foreign legislation on the subject of research and experience of taxation of the self-employed. Judicial practice on this research topic, including Krasnodar Krai, is considered. The author proposes the ways of improvement of the Russian legislation regulating the legal status of self-employed citizens
Key words: self-employed, individuals, individual entrepreneur, legal status.

Datsko Roman

Aleksandrovich,

Prodanova Anastasiya

Alekseyevna

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On the Concept and Models of Legal Regulation of Transnational Bankruptcy

Abstract

On the basis of the analysis of the views observed in the legal literature, the authors developed in the scientific literature identify specific signs of bankruptcy of cross-border organizations. The article shows the main generally recognized models of legal regulation of relations related to cross-border insolvency, the principles of their application in various legal orders, as well as the problems arising from their application, which lead to the actual inequality of the status of creditors, make it practically unattainable as financial recovery and sale of cross-border corporations as a single property complex. The question of choice of material and procedural law applicable to the relations of cross-border bankruptcy is disclosed. It is concluded that it is necessary to activate the work of the legislator and representatives of the scientific community on the subject of study due to the lack of the necessary legislative regulation and unambiguous legal positions in the study area.

Key Words: insolvency, transnational bankruptcy, cross-border bankruptcy, principle of reciprocity universality, territoriality

	Abstract	Datsko Roman Aleksandrovich Read the Article: Some Problems of Legal Regulation of the Founder Rights in Non-Profit Unitary Organizations
The author of the article refers to the current regulations on the founder rights of non-profit unitary organizations, and pays attention to the existence of a large number of actual problems related to gaps in legal regulation. The article shows the existing management organization models, outlines the problems arising from the disclosure of the essence of non-profit unitary organizations, that lead to the uncertainty of the legal status of their founders. An attempt was made to compare the organizations under study with non-profit corporate organizations to identify both their possible similarities, and the fundamental differences between them. The author comes to the conclusion that the legislator and representatives of the scientific community should continue the work on the subject of the study due to the lack of significant differences to date in established by law rights of founders of corporate and unitary organizations
Key words: legal entities, unitary organizations, non-profit organizations, founder rights

Jalalov Seyidali

Javanshiroglu

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Responsibilities of Adult Children to Support Their Parents

Abstract

The author of the article considers the responsibilities of adult children for the maintenance of disabled parents. The conditions are analyzed when parents have the right to material maintenance, as well as cases in which the legislator exempts adult children from keeping incapable parents.

Key Words:disabled parents, adult children, maintenance obligations, protection of rights.

	Abstract	Zadorozhnaya Kristina Andreyevna Read the Article: Features of Bankruptcy of Individuals
article considers some features of bankruptcy of individuals. The author bases this paper on such legal acts as the Federal Law On Insolvency (Bankruptcy) of 26.10.2002 No. 127-FZ, the Civil Code of the Russian Federation and other industry regulatory and legal acts of the Russian Federation. In this article, the author reviews the main issues and problems related to the procedure for declaring a citizen insolvent (bankrupt) and suggests the ways to solve them, which are found by analyzing the main difficulties of the procedure. The article also provides examples of various kinds of obstacles and risks that both individuals and banks and credit organizations may face during the procedure of declaring a citizen insolvent (bankrupt).
Key words: civil law, business law, insolvency, bankruptcy, individuals, creditor, debtor.

Isayeva Diana

Romanovna

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The Problem of the Reciprocity Principle Action in International Private Law

Abstract

One of the pressing problems of our time is the application of the principle of reciprocity. The author notes that this problem deserves special attention. The principle of reciprocity is considered as a fundamental one in international private law. Today, there is no legislative act in the Russian Federation regulating the principle in detail. The article is devoted to the application of reciprocity in resolving conflicts related to the use and recognition of a foreign state law. In the field of private law relations, complicated by a foreign element, reciprocity is attached the importance of a special legal institution that distinguishes between material and formal reciprocity. The author focuses on the fact that the principle of reciprocity does not apply in all areas of legal regulation of relations arising between a foreign state and the Russian Federation. In addition to the basic provisions, guarantees to foreign citizens enshrined in the legislation of the Russian Federation are specified. In the field of private law relations, complicated by a foreign element, reciprocity is attached the importance of a special legal institution that distinguishes between material and formal reciprocity. The author considers the principle of reciprocity as a prerequisite in relations between States.

Key words: reciprocity, foreign law, conflict of law, principle of law, foreign state, international private law

	Abstract	Kovalenko Yekaterina Anatolyevna Read the Article: The Issue of Circumvention of the Law in International Private Law
The article discusses social issues and issues of practice that have emerged after the introduction in the Civil Code of Russia the norm on the prohibition of actions to bypass the law with an unlawful purpose. The paper presents an analysis of the application of the new rule by the courts. The author studies the concepts and meanings of circumvention of the law for the regulation of foreign elements, as well as for the development of legal regulation of civil law relations in general. The author concludes that the transfer of a legal norm from a foreign law outside the cultural context of its development and application practice may not give the desired results. Based on the fact that there is no teleological interpretation of the law by the courts of the Russian Federation, a ban on circumventing the law is ineffective.
Key words: circumvention of the law, law, sanction, innovation, regulation, judicial practice..

Kovalchuk Maksim

Dmitriyevich

On the Issue of Basic Responsibilities of Manufacturer, Executor and Seller in the Legislation of the Russian Federation and Foreign Countries

Abstract

The issues of legal regulation of basic responsibilities of manufacturer, executor, seller in the Russian Federation and foreign countries are discussed in the article. There was conducted the comparative legal analysis of the investigated problem relatively to domestic legislation and the rule of law in Germany, France, Brazil, the United States and the United Kingdom. There were revealed the shortages in the Russian legislation in the matter of abusive types of information spreading and illegal business activities, illegal terms of the contract with a consumer, consumer misunderstanding of the provisions of the Treaty because of legal incompetence. As a result, there were settled the measures to eliminate the established problems, namely the consolidating of the list of relations that are subject to the law On Protection of Consumers’ Rights, consolidation of an open list of unfair contract terms; establishment of requirements concerning the minimum font size in information brought to the consumer in the law of the Russian Federation On Protection of Consumers’ Rights

Key Words: consumer, manufacturer, contract, terms of contract, reliable information, consumer rights protection, legislation.

	Abstract	Kolesnikov Kirill Vyacheslavovich, Yurastov Fedor Viktorovich Read the Article: Modern Aspects of International Legal Regulation of Foreign Adoption
The article deals with legal problems in international law enforcement practice in the field of foreign adoption. The study of this problem is carried out through the analysis and comparison of domestic and international legislation. The relevance of the problem is due to the tasks of reforming the Family law and increasing the authority of adoption of Russian children left without parental care by Russian families. Various opinions of scientists in the field of international adoption are analyzed and general conclusions concerning this problem are formed in the future. A historical and legal analysis of international treaties in the field of foreign adoption regulation is carried out. The application of the principle of the best interests of the child in the struggle against illegal adoption at the international and national levels is analyzed. Examples of some judicial practice for the last five years on this topic are given. Proposals are put forward to improve the international legal regulation of foreign adoption
Key words: foreign adoption, international legal relations, Family Code of the Russian Federation, international treaties.

Kostenko Olga

Sergeyevna

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On the Issue of Defining the Notion of Exclusive Right

Abstract

This article discusses the evolution of the application of exclusive law as a legal category and as a term in the Russian law. The essence of this right, the powers of subjects, the relation of ownership and exclusive right, the relation of exclusive and intellectual property rights are defined. The exclusive right is a property right by its nature, absolute one and can be used by the author at his discretion in accordance with civil law. The article considers the contradiction between the methods specified in the law in relation to some types of intellectual activity results and means of individualization and the formulation of the article of the Civil Code of the Russian Federation. The exclusive right by its nature is a negative one, as many authors believe, due to its ability to prohibit the use of objects to third parties, but considering this issue the exclusive right is of a positive character according to the meaning of the law..

Key words: exclusive right, intellectual rights, property right, results of intellectual activity, means of individualization, absolute right.

	Abstract	Kochyan Aleksandr Yervandovich Read the Article: Legal Regulation of Crowdfunding in Some of the Member States of the European Union
One of the new ways to attract funds into investment projects is crowdfunding, which is gaining popularity not only in the Russian Federation but also in many foreign countries every year. In Russia, crowdfunding has appeared relatively recently, but has already gained popularity among market participants. It allows accumulating the necessary financial resources with minimal investment of participants. Since there is still no legal and regulatory framework in Russia regulating legal relations in the field of crowdfunding, and in some foreign countries the legislative regulation of crowdfunding has already been given an impetus, the author conducted a comparative analysis of the legal regulation of crowdfunding sites. After analyzing the legal acts of different states, the author came to the conclusion about completely different ways of legal regulation of crowdfunding in general. Within the legal framework of European Union legislation, it is possible to harmonize the general provisions on such increasingly popular mode of investment. In turn, the Russian Federation should be guided by the positive experience of legal regulation in foreign countries of such type of investment as crowdfunding. In the framework of this study analysis of certain legislative acts of foreign countries such as Belgium, Estonia, Italy, France has been undertaken.
Key words: investments, financing, attraction of financial resources, innovations, crowdfunding, information technology.

Kurochkina Elizaveta

Vasilyevna

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On the Issue of the Legal Status of Farms in the Russian Federation

Abstract

The article discusses in detail the signs of a farm economy in the Russian Federation. The essence and peculiarities of a farm are revealed both as a legal entity and as a non-legal person. A historical and legal analysis of the legal status of the farm is carried out. Analyzed the various opinions of scientists on this issue. New proposals are being formulated for improving the institution of a farm, and ways of solving some problems are proposed. The author notes that the legislative activity of a farm of a legal entity has not yet been settled, while it seems correct to establish the peculiarities of the legal status of a farm as a legal entity already in the current law on the contractual regime of a farm

Key Words: farm, signs, individual entrepreneur, legal entity.

	Abstract	Logutov Aleksandr Leonidovich Read the Article: Subjects of the Consumer Loan Agreement
This article discusses the subjects of consumer credit (loan), analyzes the legal status of these subjects in the Russian Federation, reveals some problems in the content of the definitions of these laws, which are enshrined in the law. The purpose of this article is to study all subjects of consumer lending, determine their legal status and analyze legal regulation. The author comes to the conclusion that the person who received the right to claim a borrower under a consumer credit (loan) agreement by way of assignment is a legal entity in the form of a business entity whose main activity is the collection of arrears from the debtor.
Key words: consumer credit (loan) agreement, individuals, citizens, commercial organizations, non-bank commercial organizations, non-profit organizations.

Lyaschuk Anna

Sergeyevna,

Oblitsov Vladislav

Albertovich

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The Issues of Legal Regulation of Transnational Corporations Activities

Abstract

The economic factor occupies perhaps one of the most important places in the life of a single state. Today, the national economy of one state is closely intertwined with the economic life of other countries. The modern interstate economic space is developing rapidly, which generates a lot of discoveries in its field. Transnational corporations are the actual subject of modern interethnic and interstate relations. Regulation of the activities of TNCs is far from perfect, and therefore the issues of the transnational corporations status are reflected in the article. The authors address the issues of a single definition for TNC and its main features, as well as the problem of the lack of a unified legal regulation of transnational corporations. In conclusion, the authors make substantiated conclusions and propose solutions to pressing problems

Key words: economy, economic entity, corporations, enterprises, transnational corporations, home countries

	Abstract	Matyukha Sergey Valeryevich Read the Article: The Problem of Unrecognized States in Modern International Law
The article analyzes the problem of the existence of a large number of unrecognized states in modern international relations, which is a challenge for both Russia and the world community. The main distinguishing features of the unrecognized states are the actual existence of signs of statehood, the existence of a conflict between the “metropolis state” and the people seeking self-determination in the form of an independent state. Unrecognized and partially recognized states usually have the ability and the will to enter into a standard set of relations with full states, but those by their non-recognition do not give them the opportunity to participate fully in those relations. Modern literature understands unrecognized states as a kind of political-territorial entity that has the key attributes of a state without external legitimacy of sovereignty. This problem has long been considered insignificant and therefore its solution was postponed, which only aggravated the situation around it. For the most effective solution to the specific problem of unrecognized states, it is necessary to develop and establish a clear criterion that will allow these state entities to count on international recognition after a certain period of time.
Key words:unrecognized states, self-proclaimed states, the right of peoples to selfdetermination, state legal entities, self-determination of the people, the problem of unrecognized states.

Melnik Aleksander

Vitalyevich,

Chernov Yuriy

Ivanovich

Read the Article:

Development of the System of Corruption Admini-strative Offenses

Abstract

Currently, corruption is one of the most common negative phenomena manifested in different forms. In this connection, the development of legal regulation of anti-corruption is noticeable. This article highlights the shortcomings at the legislative level of regulation of the system of corruption administrative offenses. On the basis of normative acts, the authors revealed the essence of corruption through its forms of manifestation. Corruption acts as crimes and as administrative offenses are revealed. There is a lack of a clear criterion of administrative, civil, disciplinary, criminal or other liability. The official data on the number of administrative offenses in the field of corruption are analyzed. The foreign experience of normative regulation of the system of corruption administrative rights is considered. As a result, the authors propose to support the experience of foreign countries, highlighting separately the relevant Chapter in the Code of Administrative Offences.

Key words: corruption, administrative offenses, system of corruption administrative offenses, anti-corruption.

	Abstract	Netishinskaya Lyubov Fedorovna, Oganezov Edgar Maratovich Read the Article: Importance of State Registration of a Computer Program
This article considers the provision of the Civil Code of the Russian Federation on the state registration of such a special object of copyrights as a computer program. The main stages of such registration are defined and the content of each of these stages is described in detail. The main problems in the field of state registration of a computer program have been singled out and ways of their resolution have been suggested. We suggest improving the procedure for checking the application for state registration of the computer program.The appraisal of the practical application of the norm on the state registration of the computer program is made and its application is illustrated in practice. A proposal was made to fix the fact of the intellectual rights to such a program for the state registration of the computer program. The validity and significance of the state registration of the computer program has been analyzed
Key words: computer program, state registration, copyrights, legal regulation

Oleynikov Andrey

Alekseyevich

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Database as an Object of Copyright

Absract

This article focuses on one of the most controversial objects of copyright the database. The huge number of regulatory legal acts only complicates the regulation of the protection of the rights of database authors. Regulatory and legal acts are considered, which include provisions on this object of copyright, as well as problems that arise in practice in protecting the authors of the database. However, this contributes to the rapid growth in the number of databases in various spheres of public life, because they are both ordinary telephone directories and databases that provide urban planning activities. It is possible that this is exactly what makes it possible to facilitate the activities of individuals and legal entities in a particular area. Also, confirmed the impossibility of the existence of a database without a computer program

Key words: database, copyright, computer program, legislation in the field of copyright protection..

	Abstract	Penkova Alla Sergeyevna Read the Article: Features of Granting of Agricultural Lands in State or Municipal Ownership
Process of granting the land plots which are in the state or municipal ownership isn’t new. It originated in the 90s of the twentieth century. In spite of the fact that it exists for more than twenty years in the legislation there are gaps concerning this institution. In 2014 the Land Code of the Russian Federation was amended which directly affects the institution of granting. In this article features of granting the agricultural land plots in the state or municipal ownership are considered. The main changes in this area which took place after the Land reform of 2014 are outlined. Some shortcomings in agricultural purpose lands granting are revealed. The article considers the main solutions of the revealed problems as well.
Key words: land reform, granting, land plots, earth of agricultural purpose, auction.

Plaksina Victoria

Sergeyevna,

Saltykov Nikita

Andreevich

Read the Article:

On the Marriage with a Foreign Element

Abstract

The relevance of this work is related to the fact that marriage ceases to have national traits, and interethnic families appear increasingly. Separation by some scholars of such a branch as international family law indicates a rapid pace of development of marriage with the participation of a foreign element. In this connection, there is a need to improve the legal regulation in this area. This article discusses the current state of legal regulation of marital relations complicated by foreign citizens and stateless persons. The legal and regulatory framework was studied of both domestic legislation and the rules of international private law. Having studied all the conditions and peculiarities of entering into marriage with foreign elements, there were revealed the problematic aspects of marital relations

Key Words: private international law, family law, conflict linkages, marital union, marriage, conditions of marriage, forms, order

	Abstract	Prokopenko Anastasiya Viktorovna Read the Article: On the Issue of Legal Regulation of the Status of the Organizations Exercising Collective Management of Copyright
The article is devoted to the legal status of organizations exercising collective management of copyright in Russia. The paper discusses the problems of legal regulation of the status of these organizations, as well as suggests ways to eliminate the existing shortcomings in the legal regulation of the status of organizations for collective management of copyright. The author concludes that the right holders themselves should monitor the performance of rights management organizations on a collective basis of their obligations to them, given that one of the duties is to provide the right holders with a report containing information on the use of his rights, including the amount of the remuneration collected and withheld from it amounts.
Key words: non-profit organization, collective management of copyright, legal status.

Samsonov Sergey

Aleksandrovich

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Comparative Analysis of Transactions Validity Conditions in Russia, France and Germany

Abstract

The article is devoted to the comparative analysis of the conditions of transactions validity in the Russian, French and German legislation, based on a comparison of the provisions of the main codified civil acts of the above mentioned countries. Conditions of transactions validity play an important role in the law, given that one of the key institutions in civil law is the institution of transactions, which is essential for both the individuals, giving them the opportunity to perform various actions for their own benefit, and the state, which also acts in civil relations and monitors the observance of the rights and legitimate interests of participants in civil relations. The similarities and differences in the legislation of each of the above mentioned countries have been investigated. The article notes the advantages and disadvantages of the Civil Code of the Russian Federation over foreign codified acts and contains proposals to improve the Russian legislation

Key Words: conditions of transactions validity, comparative analysis of legislation, civil law, codified acts, Civil Code of the Russian Federation, French Civil Code, German Civil Code.

	Abstract	Titova Darya Aleksandrovna Read the Article: Changes in the Individual Entrepre-neurs Registration Procedure in 2018
The article discusses the changes in the registration procedure of individual entrepreneurs. This issue is relevant because until January 1, 2004 the state registration of individuals was implemented in accordance with the rules of the RSFSR Law on December 7, 1991 On registration fee from individuals engaged in entrepreneurial activity and the procedure for their registration. It should be noted that the Federal Law of June 23, 2003 № 76-FL On introduction of changes and amendments into Federal Law On the State Registration of Legal Entities, which came into force on January 1, 2004, there provided the general order of state registration of individuals and entities as entrepreneurs (taking into account the specifics of above mentioned subjects). Currently, federal legislation on state registration consists of the Civil Code of the Russian Federation and Federal Law No. 129-FL dated August 8, 2001, in which a number of changes were made in the procedure for registering legal entities and individual entrepreneurs in April and October 2018.
Key words: sole proprietor, state registration, legal entity.

Filimonov Oleg

Alexandrovich

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Some Issues of Shareholder Rights Under the Laws of the Russian Federation

Abstract

At present, in view of the reform of corporate legislation, the study of the fundamental attributes of corporate legal relations is becoming relevant, including: the species distinction, content, objects, grounds of occurrence. In the legal literature there is a plurality of opinions on the understanding of the legal nature of shareholder relations. The article deals with current issues of the legal status of a shareholder under the laws of the Russian Federation. It is noted that the membership relationship has a significant originality, which does not allow them to be a classic obligation relationship, possessing the signs and proprietary. The existence of joint-stock companies allows cumulative cash, while receiving in the future more cash than those that were originally invested.

Key Words: shareholder, law, legal relationship, property law, the contract.

	Abstract	Khaylova Marina Igorevna Read the Article: On the Issue of the Implementation of the Right to Information About the Product in the Field of Consumer Protection
The article deals with issues related to the regulation of relations in the consumer sphere, namely between the consumer and other persons who are part of the subject composition of these legal relations. The author analyzes the problematic issues that arise in the implementation of the right to information about a product in the field of consumer protection. So, in particular, analyzes issues related to the conceptual apparatus of the Law On Protection of Consumer Rights, which relates to information about a product, the scope of this act of legislation, and also examines the problems of exercising the right to information about a foreign product and how to solve them by the Russian legislator. The author uses in her article not only the norms of the law On the Protection of Consumer Rights, but also acts of the Government of the Russian Federation, as well as approved national standards that are used in consumer legal relations
Key words: consumer protection, the right to product information, foreign goods, national standard.

Chervonaya Yuliya

Aleksandrovna

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The Problem of the Reciprocity Principle Action in International Private Law

Abstract

This article analyzes the provisions of civil legislation regarding a new way of securing obligations in Russian civil legislation—a security payment. After examining the previously established practice of applying this legal institution and recent legislative changes, we identified a number of problems of its practical application and qualification, which allows us to determine the possibilities for the further development of security legal relations as part of the security payment. Also in this paper highlights the main features and differences of this means of support from the previously existing ones. Special attention is paid to the place of the security deposit in the lease agreement, highlights aspects that have not yet been settled by the legislator and lead to difficulties in enforcement. The article contains recommendations for resolving these issues through more detailed legal regulation.

Key words: security payment, ways to enforce obligations, civil law

	Abstract	Shadrina Natalya Maksimovna Read the Article: On the Issue of the Legal Status of the Hereditary Fund
This article deals with an innovation in civil law. The hereditary fund is a legal entity, namely a non-profit unitary organization. Creating a hereditary fund is of particular interest among those who want to expand the opportunity to dispose of their property after death. This innovation is currently relevant and is just beginning to develop in our country. The paper examines certain aspects of the creation and operation of foundations, problem issues. The foreign experience of hereditary funds is also affected. The author highlights the advantage of creation, as well as the disadvantages of creating such funds. The article is directly the point of view of one of the authors of the law.
Key words: foundations, hereditary fund, civil law

Shartan Almira

Nikolyaevna

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Relation of family and civil law

Abstract

The article discusses approaches to the study of the relationship between the norms of family and civil law. Compensation of gaps in family law is analyzed by analogy of the law or analogy of law. The author concludes that the application of civil law to family relations has a subsidiary character

Key Words: family law, civil law, analogy of law, analogy of law, correlation of norms of law.

	Abstract	Shartan Almira Nikolyaevna Read the Article: Principles of Family Law and Its Sources
In the article, the author examines the goals and principles of family law, as well as analyzes its sources, which are the determining factor in the implementation of the basic principles of family law in Russia. According to the author, adherence to the principle of ensuring the priority protection of the rights and interests of minor children is the basis both in the field of law enforcement and in the legal policy of the state as a whole.
Key words: goals and principles of family law, sources of law, protection of minors, family relationships.

Shipilova Veronika

Vladimirovna

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Bankruptcy of Homeowners’ Association

Abstract

Bankruptcy of a homeowners’ association is a very relevant topic of research to date, because earlier in the law there was no consolidation of the rules that allow this organization to participate in the bankruptcy procedure. But everything changed with the adoption of Art. 65 of the Civil Code of the Russian Federation, which established that in respect of any legal entity (except for some categories of enterprises) may be introduced bankruptcy procedure. Due to the fact that the HOA is a legal entity, we can conclude that it also will apply the rules on bankruptcy as well as another other full-fledged subject of the considered relations. There is a wide range of legal acts regulating the bankruptcy of individuals and organizations, but the Federal Law of the Russian Federation On Insolvency (Bankruptcy) is a fundamental source of norms in this type of legal relations. As for the HOA, in addition to the Federal Law On Insolvency (Bankruptcy) should also mention the Housing Code of the Russian Federation. In this article we will try to consider the features of bankruptcy (insolvency) procedures inherent in the HOA, as well as various nuances that may arise in the judicial procedure. In our opinion, the relevance of the research topic is also in the fact that the insolvency (bankruptcy) relations affect the range of interests of a huge number of citizens from the debtor and creditors to the arbitration Manager and persons involved in the bankruptcy case for the performance of their duties. And that from the proper and legal settlement of the relations further depends on the proportionate satisfaction of creditors ’ claims and restore solvency of the HOA as a whole.

Key words: bankruptcy, homeowners’ association, non-profit organization, legal relations, apartment building, payments

	Abstract	Yanko Svetlana Viktorovna Read the Article: The Order of Succession by Law
The author of the article discusses the order of implementation of the order of succession under the law in accordance with the Civil Code of Russia. It is noted that one of the significant changes in the law of succession was a significant expansion of the range of possible heirs by law. According to the principles of protecting the interests of close relatives, the number of queues increased to eight. The author of the article notes that this fundamental innovation authorizes to the fullest extent possible provision of private interests, a fair balance of interests of citizens and the state during inheritance under the law.
Key words: inheritance by law, priority, kinship, right to grant.

Yanko Svetlana

Viktorovna

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Right to Obligatory Share in Heritage and Inheritance of Extreme Property

Abstract

The article analyzes the limitations of the principle of freedom of the will in the form of the right to an obligatory share in the inheritance for a certain circle of persons, and also considers the conditions for recognizing property to be escheated and the procedure for its inheritance. The author comes to the conclusion that the heirs of the escheated property belong to the special heirs by law, do not belong to any of the queues and can inherit exclusively the escheated property.

Key Words: compulsory share in inheritance, inheritance by law, priority, escheat property

	Abstract	Yanko Svetlana Viktorovna Read the Article: Content of the Institution of Inheritance by Law
The article discusses the content of the institution of inheritance under the law in the Russian legislation. The signs are analyzed, as well as the conditions and procedure for the institution of inheritance according to the law. The author comes to the conclusion that the circle of heirs according to the law is determined strictly on the basis of the personal connection of the heirs with the testator, and the prioritization of inheritance depending on the degree of kinship is the main principle of inheritance according to the law.
Key words: inheritance by law, circle of heirs, succession of inheritance, degree of kinship.

Zabiranov Vladislav

Andreyevich

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Legal Regulation of Transnational Corporations in the Russian Federation

Abstract

The article discusses the need in legal regulation of such a subject of international private law as a transnational corporation. The role and importance of such legal entities in the economy and law system of the Russian Federation are shown. The possibility of making changes in civil, tax and corporate legislation is indicated. Also there were shown the relevance and approximate content of the federal law on transnational corporations. It also disclosed the difference between such forms of a transnational corporation as branches (representative offices) and subsidiaries. The possible levers of state influence on these forms are described. It is proposed to define what a transnational corporation is and, in general, the need in legal regulation of this institution in Russia as a result of the integration of international law and economics, and the rapid development of the globalization process is shown as well.

Key words: transnational corporation, branch, subsidiary, corporate law, international law, Civil Code of Russia.