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Bashtovoy Daniil Aleksandrovich Read the Article: |
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| Legal regulation of agricultural land deals is of interest in the theoretical and practical understanding. In the area of civil law regulation of such deals, there is a number of certain features which differ such deals from the other jural facts aimed at establishing, changing, or termination of real rights and depending on the specifics of the land itself. The author comes to the conclusion about the complexity of legal regulation of agricultural land deals because a strip of land is an object of the civil rights and, at the same time, is an object of natural origin. In the author’s opinion, a strip of land is not a full value object of civil turnover due to its dual character. The author raises a question on how to improve the modern civil and land law as regards regulation of these deals. Given the importance and social significance of legal regulation of agricultural land deals, studying of its typical jural facts is on the agenda for a long time | |||||||||||||||
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Key Words: deal, agricultural lands, legal regulation, civil law |
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Volkova Yuliya Vitalyevna Commercial Represen-tation in the Civil Law: Current Problems of Legal Regulation |
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| The article analyses the main issues of civil and law regulation of the commercial representation and defines its notion and features. In the author’s opinion, the commercial representation is a kind of voluntary general civil representation which arises from the contract and which has common generic attributes of representation, as well as specific characteristics determined by the specifics of commercial activity |
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Key words: contract and which has common generic attributes of representation, as well as specific characteristics determined by the specifics of commercial activity |
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Gushchina Lyudmila Ivanovna, Lygina Yuliya Vladimirovna |
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| The authors consider the issues connected with the reason for emergence of an independent guarantee and the absence of accessory nature which means, particularly, that the guarantee does not cease with the ceasing the primary obligation. | |||||||||||
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Key words: independent guarantee, unilateral deal, unilateral obligation, beneficiary, principal, issue of an independent guarantee, the ways of ensuring the discharge of obligations. |
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Dizhichkin Vladislav Olegovich Read the Article: |
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| This article deals with the issues connected with presumption of guilt in the Russian civil legislation. Presumption of guilt is notion familiar to the Russian civil law doctrine and court practice. In the modern civil law, presumption of guilt is divided into presumption of guilt for damage caused by the owner of the source of increased danger and presumption of guilt for failure to meet one’s obligations. The author considers various approaches to understanding of the notion of presumption of guilt. He comes to the conclusion that due to the presence of different bases for understanding of presumption of guilt, this notion loses its independent essence, its validity and importance. The author notes that presumption of guilt contains an indication of legal confirmation, as well as a “postulate”. That is why one should distinguish between such notions as presumption of guilt and presuming. It is noted that guilt as an element of the body of a civil law violation is not always an mandatory criterion for the emergence of trespass obligations. The author comes to the conclusion that a person whose actions carry the elements of a tort should be liable by virtue of the general norms of the civil legislation, namely Chapter 59 of the Civil Code of the Russian Federation |
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Key words: guilt, presumption of guilt, tortfeasor, civil law liability |
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Kaunov Aleksandr Mikhaylovich Legal Issues of Correlation Between |
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| The civil legislation places citizens and entities among the principal subjects of the civil matter. In order to take part in certain civil matters which are regulated by the civil legislation, it is necessary to have a special status. So, to lead business activity a citizen has to obtain the individual entrepreneur status and an entity has to get a proper organisational and legal form. However, in the modern civil law, there are different concepts of civil turnover participants activity. The legislator applies two different formulas, namely business activity and profitable activity, to different types of these participants. This article touches upon debatable questions on correlation between the notions of business activity and profitable activity. The author tries to find the ways to differentiate the activities of professional businessmen (commercial organisations and individual entrepreneurs) and subjects which do not set the profit as the main goal of their activity (non-profit organisations). In this article, the author gives the opinions of Russian law scientists on this issue and the position of the legislator which is stated in the modern legislative acts. He also makes a comparative analysis of the changes in the civil legislation connected with the legal position of artificial persons and makes propositions on the further development of the legal norms which regulate the activity of artificial persons and individual entrepreneurs as concerns gaining profit from their activity.. | |||||||||||
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Key words:business activity, profitable activity, commercial organisations, non-profit organisations. |
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Kolesnikova Viktoriya Aleksandrovna, Shulga Oksana Aleksandrovna, Udzhukhu Aydamir Gissovich Read the Article: Development of Investigative Tactics in the System of Criminalistics |
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| Examination of historical and legal aspects of the formation of investigative actions in Russian, as well as paying a special attention to the changes in investigative tactics in the course of their development is necessary for understanding the modern state of the criminal procedure legislation. On this basis, the authors developed some conceptual provisions which would regulate the general issues of how to conduct the investigative actions, and formulated the suggestions and recommendations on applying and improving the institution of investigative actions in pretrial proceedings. |
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Key words: tactics, investigative actions, criminalistics, criminal procedure. |
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Lukyanov Dmitriy Aleksandrovich Legal Regulation of Employment of Foreign Citizens in the Russian Federation |
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| The article describes the employment procedure of foreign workers in the Russian Federation. The author makes a comparative analysis of normative legal acts which regulate these provisions. The author reveals the established pattern of legislation development in the Russian Federation regarding employment of foreign workers which consists in the abolition of certain provisions concerning the notification of the state bodies on employment of such workers. | |||||||||||
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Key words: employment, foreign worker, employment contract, agreement for a work, patent |
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Pavlov Vasiliy Vladimirovich Read the Article: Expulsion from a Limited Liability Company as a Liability in Corporate Relations |
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| Civil legislation reforming in the Russian Federation by means of amendments and supplements to Chapter 4 of the Civil Code of the Russian Federation and to the Federal Law of Russia “On Limited Liability Companies” increased the importance of the corporate right to have an interest and the corporate right to manage the company. These changes concerning corporate rights were aimed at strengthening the provisions on expulsion a member from the list of members of the limited liability company. According to the author, expulsion of a member from the limited liability company as a corporate liability is exclusively a judicial measure. However, lack of uniform arbitration court practice and imperfection of the existing civil legislation shows that there is no single approach to settlement of this kind of disputes. The authors sees a necessity in clear legal regulation on the legislative level of such a means of civil rights protection as expulsion of a member from the limited liability company. The author also thinks it reasonable to work out and adopt a subordinate legal act in which the reasons for expulsion of members should be stated in more details and the wording “commits a gross violation of a company member’s obligations” should be expanded. |
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Key words: corporate law, limited liability company, member of a company |
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Podlesnyy Aleksey Andreyevich On the Issue of Defining a Legal Regime of Complex Intellectual Property Objects by an Example of a Theatrical and Entertainment |
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| Adoption of the Part IV of the Civil Code of the Russian Federation conditioned the changes in using the results of intellectual activity as a part of a complex object. The absence of the legal definition of complex intellectual property object and inconsistent legal consolidation of the features that distinguish it from the other intellectual property objects in the Civil Code of Russia lead to contradictory court practice, as well as to pluralism among the law scientists. The author examines the complex intellectual property object by example of theatrical and entertainment performance. He notes that it is characteristic of theatrical and entertainment performance as a single intellectual property object to have a single creative concept. The author suggests to give the legal definition of complex intellectual property object and to expand the list of its features. The author comes to the conclusion that, in order to reach uniformity in understanding, it is necessary to state this definition in the Civil Code of Russia in the following wording: a complex intellectual property object is a single whole complete work with the obligatory presence of a creative concept | |||||||||||
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Key Words: complex intellectual property object, theatrical and entertainment performance. |
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Savelyev Artem Eduardovich, Shapovalov Anatoliy Vyacheslavovich Read the Article: |
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| This article analyses the existing contradictions between legal regulation and the current state of things as concerns determination of the status elements of the constituent territories of the Russian Federation. The authors look into the legal problems of the asymmetry of Russian federalism and come to the conclusion that suggestions on the negative character of the asymmetry of the federal structure of Russia should be disregarded by reforming the federal relationship. This asymmetry has certain positive features and thus should be preserved in the federal structure of Russia |
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Key words: federation, asymmetry, the Russian Federation, federalism, constituent territories of the Russian Federation, inequality |
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Sapfirova Apollinariya Aleksandrovna, Shutko Denis Dmitriyevich Read the Article: The Issues of Legal Regulation of Foreign Citizens’ Labour in the Russian Federation |
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| In the given scientific work, the authors examined different sources of legal regulation of foreign citizens’ labour in the Russian Federation and topical problems of immigrants’ labour. The article touches upon foreign citizens’ delinquency, analyses and compares their rights and liabilities. As the modern world’s globalisation process goes on, modern labour relationships are formed with many foreign elements participating in various legal and national systems, and all this combined gives the reason for speculation about world labour market formation | |||||||||||
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Key Words: labour market, foreign citizens, immigrant. |
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Fruslov Danil Gennadyevich Analysis of the Notions of License and License Agreement in the Civil Law |
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| Implementation of the Part IV of the Civil Code of the Russian Federation and the subsequent transformation of civil legislation by the alterations and supplements into the Part IV of the Russian Civil Code increased the importance of the licensed contract as a way to regulate the rights to the results of intellectual activity and individualisation resources between the parties to a civil legal relationship. However, despite the presence of a legislatively fixed notion of license agreement, the existence of different doctoral concepts in civil law science shows that the topic of the given research has not lost its relevance and the development of the civil legislation is not in stagnation. In this article, the author explores the concepts and data of the famous scientists in the area of the civil law and makes a conclusion that the existence of the special legal concept of license agreement is a huge step forward in the Russian civil law. The author also thinks that despite the presence of the legislatively fixed notion of license agreement the other doctoral concepts may let to develop and improve the legislation in the field of regulation of the rights to intellectual activity results and individualisation resources |
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Key words: license, license agreement, rights to the results of intellectual activity and individualisation resources. |
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Usenko Anatoliy Sergeyevich, Baturyan Margarita Avetisovna A Comparative Analysis of the Provisions of the Corporate Contract in Russia and Foreign |
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| Legal consolidation of the corporate agreement institution in the Civil Code of the Russian Federation allowed the participants of business companies to implement and manage corporate rights in accordance with this agreement. A comparative analysis of the provisions of the corporate contract in Russia and foreign legal systems will allow us to develop this institution in the national corporate law and to prevent possible conflicts and disagreements on the content of a corporate contract between its members and third parties. Thus, corporate agreements have different contents in the Anglo-American, continental European and Russian corporate law. The resolution of many conflicts and gaps in foreign corporate law are the basis of many years of judicial practice and the current Anglo-American and continental European legal systems. However, the current situation of the institutes of corporate law in Russia is developing in accordance with economic basis and fully focuses on the model of the corporate contract of foreign laws which does not seem appropriate. Certainly, future models of Russian corporate law institutions should be guided by international practice as well, in particular, a number of provisions of the European civil law should be taken as its basis. | |||||||||||
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Key words: contract, corporate agreement, corporation, obligation, legal nature. |
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Bogdasarova Tamara Iosifovna Read the Article: |
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| Economy globalisation is the one of the regularities of the world’s development. World globalisation process renders a significant influence on agricultural business, first of all, by means of international trade. In the given article, the author analyses the concept of globalisation and concludes that globalisation is the process of reproductive transformation of national economies and their managing structures, products, services, capital, labour force. The main problems of enterprise activity in the agricultural business area are considered in the article. The author comes to the conclusion that today there is no uniform and universal solution for the agricultural issue, as well as there is no universal development plan for agriculture. The rising level of globalisation makes a significant influence on the food self-sufficiency problems. In the author’s opinion, institutional reforms can render a special influence on the agrarian economy sector. A special attention should also be paid to the issue of property protection and anti-corruption drive. The author considers the issue of agribusiness development on the territory of Krasnodar Krai. The author notes that in order to eliminate barriers for agribusiness development on the territory of Krasnodar Krai, it is necessary to promote investments which will lead to increasing of cultivated area and croppage |
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Key words: agricultural business, globalization, international trade |
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Bocharova Yekaterina Alekseyevna, Sayenko Irina Ivanovna Improvement of the Incentive System of Dzhumaylovskoye |
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| One of the ways of increasing labour productivity and effective realisation of business activity or another economic activity is personnel motivation. In this article, the authors deal with such categories as motivation and labour activity stimulation. In the personnel management theory, the process of staff motivation to make them work more actively and satisfaction their personal needs is called incentive. The authors come to the conclusion that the employer’s aim in motivation management and staff stimulation is economic efficiency of the organisation and achievement of financial results. The authors consider the features of stimulation and motivation of labour activity in personnel management by the example of the limited liability company Dzhumaylovskoye. Despite having a developing system of staff stimulation, this organisation deals with such a problem as lack of efficiency in using its labour resources. Dzhumaylovskoye’s activity is profitable for 2016–2017 period, however, in spite of the good indexes, staff motivation is not at a sufficient level. In the authors’ opinion, Dzhumaylovskoye should introduce concessional loaning, social-psychological methods, perks, and demotivation as methods of staff stimulation.. | |||||||||||
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Key words: motivation, trade stimulation, theories of motivation, stimulus, Dzhumaylovskoye |
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Klimova Natalya Vladimirovna, Trubacheva Yelena Andreyevna Read the Article: Investment Activity of Krasnodar Krai Based on Implemen-tation of Innovations in Agricultural Production |
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| The general description of the current state of investment activity in Krasnodar Krai and the main development trends are reflected in this article. The key problems that impede the normal functioning of investment activity are identified in this work along with the measures for its neutralisation. The essence and role of innovative resource-saving technologies as the main factor of the economic growth of the agro-industrial complex are revealed. Results of calculating the economic efficiency of innovative resource-saving technologies are presented by using the example of the implementation of elements of the precision farming that allows to improve significantly the quality and increase the yield of crop production in Krasnodar Krai and, as a result, to strengthen the investment attractiveness of this region, achieve independence of the Russian agricultural producers from imported products and thus to lead to the self-sufficiency of the population by their own crop products |
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Key words: investment activities, innovations, resource-saving technologies, precision agriculture, mineral fertilizers, yield, economic efficiency of investment investments. |
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Kotyara Dmitriy Florentiyevich Read the Article: Phonetic Principle of French-Russian Orthographic Trans-cription |
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| The article describes a new approach to French-Russian orthographic (practical) transcription which the author proposes to base on phonetic principle, as it is already done with English-Russian orthographic transcription, i.e. to use phonemes of the French language as the basis of transcription instead of letters and letter combinations. However, the author does not propose his own corrections to the existing transcription rules, choosing from the variants given in the relevant guidelines. French-Russian orthographic transcription is split into three tables representing several types of phonemes: consonants, vowels (clear and nasal) and semivowels, and phoneme combinations. The proposed rearrangement of the transcription rules results in much shorter and easy-to-use guidelines as compared to the existing guidelines based on letter-to-letter principle | |||||||||||
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Key Words: orthographic transcription, transcription, Cyrillization, proper names, Russian language, French language |
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Thomas Poole |
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original publication: Poole, Thomas (2010) United Kingdom: the royal prerogative. International Journal of Constitutional Law, 8 (1). pp. 146–155. EISSN: 1474-2659. DOI: http://dx.doi.org/10.1093/icon/mop038 Translated by: I. V. Grigorashchenko |
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