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No. 3, April 2017

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№ 3, апрель 2017

Table of Contests                   
                       

   Goyna Aleksandra

Yevgenyevna, 

Kolesnikova Viktoriya

Aleksandrovna

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The Issue of Differen-tiation Between Void and Voidable Contracts

     Abstract        
  This article is aimed at the analysis of the provisions of the Federal Law of 7 May 2013 No. 100-FZ “On Amendment of Subsections 4 and 5 Section I of the First Part and Article 1153 of the Third Part of the Civil Code of the Russian Federation” concerning the changes in the legal regulation of the criteria of void and voidable contracts. The author analyses the key features that allow to distinguish a void contract from a voidable one
 

 

Key Words: transaction, invalidity of a transaction, void contracts, voidable contracts, protection of infringed rights

 

        Abstract           

 

Zabolotskiy Fedor

Pavlovich, 

Glinshchikova Tatyana

Vadimovna

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Influence of the Roman Culture on the Modern International and Private Civil Law 

Roman lawyers considered law as a science which is used in practice to solve concrete problems that arise in relationship between people. This was the reason why the reception of Roman private law in Europe took place. It serves not only as the basis for civil law of the majority of countries, but also as the basis for international private law. The category of good faith developed by Roman lawyers is used nowadays in the modern domestic and foreign legislation, as well as in international documents   

 

 

Key words: Roman private law, law of nations, conflict rules, reception, international private law, good faith principle

 

 

 

 

 

Ivanchenko Irina

Timofeyevnaa, 

Glinshchikova Tatyana

Vadimovna 

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A Part of a Building and Premises in Roman and Modern Civil Laws

         Abstract    
  Using of building, constructions and their parts as a material basis of business or any other economic activity requires a clear definition of legal treatment of the stated objects and a clear definition of the legal nature of the relevant rights. Taking into account the provisions of Roman law, the author examines appropriateness of defining premises in the building as an independent object of real estate. This separating of premises and ceasing of a building itself as an object of real estate cannot be justified neither by dogmatic nor by practical reasons
 

 

Key words: real estate, building, structural components of a building, part of a building, premises, common property

 

        Abstract           

Karpov Nikolay

Nikolayevich, 

Kolesnikova Viktoriya

Aleksandrovna 

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Legal Regulation of Surrogacy in Russia

The article touches upon issues of surrogacy. The author formulates the notion of surrogacy, examine regulation of surrogacy by the legislation of the Russian Federation, determine its purpose and the main problems   

 

 

Key words: surrogacy, assisted reproductive technologies, infertility

 

 

 

 

 

Kasimova Vesta

Sergeyevna 

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Features of the Contractual Agreement and Specific Characteristics of Its Execution

           Abstract  
  In this article, the author makes an attempt to define the features of the contractual agreement, the problems of its execution connected with the specific characteristics of agricultural prudoction, and the peculiarities of execution of the manufacturer’s and the supplier’s duties under a contractual agreement.
 

 

Key words:contractual agreement, execution of a contractual agreement, producer, supplier, agricultural production.

 

        Abstract           

Kostenko Olga

Sergeyevna

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Issues of Using of a Firm - Name in Business Activity

This article touches upon the legal relationship connected with the firm-name, the issues of misuse of right and unfair competition among businessmen. The author examines the issues of realization of the lawful rights on the firm-name by the rightholder and the means of their protection, as well as the issues of using of a firm-name in the field of agriculture and the measures taken by the state in order to develop this field   

 

 

Key words: firm-name, unfair competition, misuse of right, subjects of business activiy, rights protection, agriculture

 

 

 

 

Laushkina Yuliya

Igorevna 

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Problems of Agricultural Cooperatives Development at the Present Stage

           Absract  
  The article presents a review of legal regulation of the status of agricultural cooperatives. The author examines the problems of their position in the classification of artificial persons. The author also reveals the shortcomings of the current legislation and the measures of government support and proposes several variants that will help promote successful development of agricultural cooperatives
 

 

Key words: cooperation, agricultural cooperatives, the IV All-Russia Congress of Agricultural Cooperatives, legal regulation

 

        Abstract           

Marchenko Viktoriya

Sergeyevna, 

Glinshchikova Tatyana

Vadimovna 

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The Possession Institution in Roman and Modern Civil Law

Roman lawyers supposed that possession was not a right but a fact and underlined peculiarities of protection of the owners. Currently, the essence of possession should be disclosed on the basis of the ideas of Roman lawyers about this institution, doctrinal approaches, legislation provisions of continental Europe and pre-revolutionary Russia. Only such a profound understanding of this institution will allow to perfectly solve the problems connected with possession protection that arise in practice   

 

 

Key words: Roman private law, possession, elements of possession, holding, law of property, civil law

 

 

 

 

Mozdor Valeriy

Aleksandrovich, 

Shulga Antonina

Konstantinovna  

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Agreed Jurisdiction in the Business Relationship System

           Abstract  
  This article touches upon the issues of legal regulation of agreed jurisdiction in business activity. The author defines the problems of this jurisdiction and the ways to resolve them
 

 

Key Words: agreed jurisdiction, agreement, business, law enforcement, business relationship.

 

        Abstract           

Perevalova Yekaterina

Andreyevna, 

Astrakhankin Aleksandr

Andreyevich

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On the Issue of Ascertainment of Deliberate and Fraudulent Bankruptcy

The article provides the notion and the main characteristics of deliberate and fraudulent bankruptcy. The author examines approximate schemes of deliberate and fraudulent bankruptcy.   

 

 

Key words: bankruptcy, deliberate bankruptcy, fraudulent bankruptcy, insolvency.

 

 

 

 

  Sayenko Darya

Georgiyevna, 

Kudryavtseva Larisa

Vladimirovna 

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Protection and Realisation of Rights of the Citizens of the Russian Federation Abroad

     Abstract        
  This article touches upon general propositions on defining the law which should be applied to inheritance legal relationship with a foreign element in which citizens of the Russian Federation are involved. The author analyses the relevant provisions of the international agreements that are effective in this field and to which the Russian Federation is a party. The author also assesses ensuring and protection of inheritance rights of Russian citizens abroad.
 

 

Key Words: inheritance, foreign element, consulate, representative office, property, acceptance of inheritance, rights protection

 

        Abstract           

Samsonov Sergey

Aleksandrovich, 

Kudryavtseva Larisa

Vladimirovna

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Liability due to Actions Without Delegation in the Interest of Another Person: Comparative Legal Analysis

With the help of comparative legal analysis, the author examines the characteristics of liability due to actions without delegation in the interest of another person in the Russian Federation and the other countries of the continental legal family. The author also puts forwards proposals on improvement of the Russian legislation in this field.   

 

 

Key words:  liability, legislation, dominus, gestor, interest, delegation

 

 

 

 

Simonenko Violetta

Vladimirovna

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Some Issues of Regulation of the Legal Status of the Peasant (Farm) Enterprise

         Abstract    
  In this article, the author examines the civil legal status of the peasant (farm) enterprise. The author describes the social legal nature of the peasant (farm) enterprise resorts to the notion of agricultural commodity producer, examines the measures of government support and the existing legal problems of functioning of the peasant (farm) enterprise. The author also analyses the proposals which may help to develop and improve the activity of the peasant (farm) enterprise
 

 

Key words: peasant (farm) enterprise, agricultural sector, agricultural commodity producer, agriculture, agrarian production, government support

 

        Abstract           

  

 

 Starodubtseva Marta

Vyacheslavovna 

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On the Issue of the Right to Recognise an Auditor’s Report as Knowingly False

The article touches upon the issues of defining the list of persons who are the users of an auditor’s report and the list of persons who have the right to file a petition in court demanding to recognise of auditor’s report as knowingly false. The author pays special attention to the provision according to which auditing does not replace the accounting controls performed by authorised public authorities and by local selfgovernment authorities   

 

 

Key words: auditor’s report, recognising as knowingly false, users of an auditor’s report.

 

 

 

 

Starodubtseva Marta

Vyacheslavovna,

Netishinskaya Lyubov

Fedorovna

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On the Issue of the Legal Nature of an Auditor’s Report and the Auditor’s Responsibility for Signing a Knowingly False Auditor’s Report
           Abstract  
  The article touches upon the issues connected with the legal nature of an auditor’s report and the auditor’s responsibility for signing a knowingly false auditor’s report. The author points out that auditors’ and experts’ activity has the same orientation and characteristics in its legal nature.
 

 

Key words:auditor’s report, auditor’s responsibility, knowingly false auditor’s report, auditees

 

        Abstract           

Trubachev Vladimir

Igorevich, 

Shulga Antonina

Konstantinovna

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Conclusion and Execution of a Credit Contract in Business Activity

The author examines the specifics and the problems of realisation of a credit civil legal contract. On the basis of studying scientific standpoints and practice of application of the credit contract, the author proposes some possible ways to improve it.   

 

 

Key words: credit contract, creditor, debtor, conclusion of a contract, entrepreneur