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ECONOMICS. LAW. SOCIETY

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No 3 (2019)
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CIVIL LAW

7-10 432
Abstract

In the article, the author refers to the controversial issues of usucaption of the land plots. Among such problems there is the question of uncertainty of the form of ownership of the land plot (private, state or municipal) which can be acquired in property. In general, the doctrine has three approaches: the first approach is the complete denial of the possibility of acquiring ownership of land on this basis; representatives of the second approach proceed from the possibility of applying this institution only in relation to land plots in private ownership; the third position is the absence of any obstacles to the acquisition of property rights by prescription of ownership. In solving this issue, the author considers it necessary to proceed from the value of land and land plots as a natural object, which at the same time has great economic value. Based on the foregoing, the article formulated the relevant conclusions.

11-18 455
Abstract

The article examines the novelties of inheritance law related to the concept and powers of the executor of the will. Special attention is paid to the controversial issue of the representative nature of relations on the execution of the will. As a result of the analysis of the norms of the current legislation and doctrinal sources, the article concludes that the relations connected with the execution of the will cannot be qualified as the relations stemming from the representation. They are a special independent type of legal relations of obligations based on a unilateral transaction (will) with its own characteristics, composition and character. The scope of authority of the executor fully depends on the content of testamentary orders, i.e. on the will of the testator, which is expressed in the instructions to the person appointed by him. As a result of the study, the author proposed a theoretical definition of the executor of the will.

19-26 285
Abstract

The article deals with the theoretical aspects of the category «social entrepreneurship» as an innovative legal basis for promoting the development of the national economy by comparing the analytical entrepreneurship, social entrepreneurship, taking into account the characteristics of modern state-legal regulation of economic processes. The author outlines some theoretical approaches to the definition of social entrepreneurship, based on the basic principles of theory of entrepreneurship, with an analysis of the legal role in the regulation of the economy, and also shows its innovative and legal nature to promote economic progress and the establishment of a democratic society. The role of innovation and innovation in creating potential growth and stability of the economy is emphasized. The modern economy is able to successfully develop thanks to the introduction of innovations and free competition, implemented by social entrepreneurs in the presence of optimal legal regulation of the economic sphere and entrepreneurship itself, as well as the rule of law on economic freedom of enterprise.

INTERNATIONAL RELATIONS AND LAW

27-32 1499
Abstract

The article analyzes the basics of compliance of the provisions of international humanitarian law and compensation for harm caused by a violation of norms of international humanitarian law, describes problems in redress, and reveals the types of compensation and support. The norms of international humanitarian law are investigated. Contemporary international humanitarian law IHL meets the requirements of modern international relations, but there are problems that require some processing, they include: problems of improving the effectiveness of IHL; problems of protecting civilians during hostilities. The article discusses international legal liability and compensation for harm, which play a key role in ensuring peace, order and stability. The paper analyzes numerous agreements regarding the protection of civilians during armed conflicts. Much attention is paid to the issue of the lack of a mechanism for pre-trial settlement of damages caused as a result of a violation of international humanitarian law. It also refers to such a problem as the lack of a prisoner of war exchange institution. Despite the existence of such an institution in practice, it requires legislative consolidation and improvement of legal norms related to the regulation of prisoner of war rules. The conclusion is drawn on the need for further steps to codify and progressively develop international humanitarian law, to strengthen the regime for the implementation of its norms applicable in armed conflicts of an international and non-international character.

33-43 345
Abstract

The article studies a trend that forms a Global Financial Safety Net. The author analyses difference in approaches of Western countries and some G20 states and BRICS Member States to regulate international financial mechanisms’ activities, which form the Net. Thus, the former believe that international financial mechanisms for providing foreign liquidity should be regulated based on uniform rules within the IMF, while the latter advocates a decentralized, horizontally oriented net of mechanisms. The research is based on the deductive method using mainly synthesis. This is due to the Global Financial Safety Net’s current state, that requires to develop in international currency law the concept of international financial mechanism institutions that provide foreign liquidity (which is the reason why deductive method is chosen). Also studying causes and trends of fragmentation in international monetary law requires synthesis as an approach to achieve the aim in this article. The author concludes that a regionalization in a global monetary system, driven by regional international processes, is the reason why international financial mechanisms emerged. The latter reflects interests of those countries, whose interests are not properly taken into account in the IMF, as it is dominated by Western countries. So, to solve the problems associated with the functioning of the Global Financial Safety Net, it is necessary to determine the status of central banks in international monetary relations in order to streamline the network of swap agreements between central banks – the main tool for providing foreign liquidity, which has become a reliable tool to overcome the balance of payments deficit worldwide.

44-50 256
Abstract

The article defines the main directions in the field of blockchain-securing the ownership of digitalized (digital) objects of Civil Law, primarily for non-fiat cryptocurrencies and tokens (digital tokens), as well as other assets, for example, user accounts in electronic payment systems, popular online electronic games, social networks and others, existing exclusively in digital form, the cost of which can be very significant. The research methodology is based on the definition of innovative approaches in notarial activities; the analysis of Romano-Germanic and Anglo-Saxon legal systems, in their adaptation to decentralization; on the definition and concretization of the legal and technical-technological features of the decentralized blockchain-consolidate the identity of Civil Law objects from the point of view of their fault tolerance, attack resistance and collusion resistance. The scientific novelty of the research is determined by the author's proposals aimed at improving the legal support of the legal mechanism of the blockchain-securing the ownership of digital objects that are important for the protection of the citizens and organizations interests, including in the implementation of commercial and other economic activities, as well as digital rights passing in the order of inheritance (succession); further possibility of using blockchain-secured digital rights as evidence in Civil and Arbitration processes

LAND LAW

51-55 692
Abstract

This study is devoted to the problem of recognition of foreign States as participants of land relations. Examples of participation of foreign States, both in public and private law relations concerning land plots are considered. In some cases, there is a provision of land to foreign States in the framework of international public law. However, the right to lease a land plot to foreign legal entities may be granted in accordance with the Land code, since foreign citizens, stateless persons and foreign legal entities – owners of buildings and structures located on a foreign land plot, have a preferential right to purchase or lease a land plot. Features of participation of the States in land legal relations in different statuses, with various powers and duties are investigated. Also, the article studies the features of participation of foreign States in land relations in the Republic of Belarus. The recommendations on the improvement of legislation in the studied topic are outlined. Due to the ambiguous legal nature of a foreign state as a party to private law relations in the Russian Federation, it is important to clearly indicate its status as a direct subject of land relations in the Russian Federation and represented by its authorized bodies.

COMPARATIVE LAW

56-63 668
Abstract

Rapidly developing IT-technologies, total digitalization of all spheres of life could not but touched the sphere of justice. In the article, the authors consider and compare the stages of implementation of e-justice in Russia and in some foreign countries. They analyze in detail the legal acts regulating this area, as well as international standards of e-justice, developed in the framework of such associations as the Council of Europe. In particular, based on the analytical reports of the European Commission on the Efficiency of Justice of the Council of Europe, the assessment of the implementation of digital technologies in the field of justice in the Russian Federation is demonstrated. At the same time, the authors note that an important role in the implementation of e-justice should play ethical principles, including those reflected in the European Ethical Charter on the use of artificial intelligence in judicial systems. As a result of the study, the authors assess the prospects for further development of electronic justice in Russia.

PLEKHANOV SCHOOL OF YOUNG SCIENTISTS

64-68 1760
Abstract

In connection with the rapid development of economic relations, more and more new forms of entrepreneurial activity enter into circulation. The subject of this work are two agreements involving the transfer of exclusive rights to carry out business - a franchising agreement and a commercial concession agreement. The question of the ratio of the considered types of contractual relations is of particular relevance. To date, a unified approach to understanding the essence of a commercial concession agreement has not been developed. Many jurists identify commercial concession with franchising, talking only about the difference in terminology. This article provides a comparative analysis of a commercial concession agreement and a franchising agreement. The author examines the regulatory framework of the Russian Federation on commercial concessions and franchising (bill). The analysis allows us to conclude that the franchise agreement is broader in content in comparison with the contract of commercial concession. The author comes to the conclusion that it is necessary to form a legislative framework governing the conclusion of a franchising agreement. Particular emphasis is placed on the need to take into account generally accepted international provisions on franchising in the preparation of the regulatory framework.

69-74 1024
Abstract

Nowadays, the formation of the information society is one of the priorities of socio-economic development of the Russian Federation. In this regard, this article is devoted to the study of system legal problems of information and telecommunication network Internet and finding ways to solve them. The study identifies and describes the characteristic features of the stages of development of information relations WEB 2.0 and WEB 3.0. System legal problems of this information network are classified. The content of General and particular problems of the Internet is disclosed. In particular, the common problems are the problem of user identification, the problem of determining jurisdiction, as well as the problem of responsibility of information intermediaries in the Internet space. Private problems, in turn, are problems that are directly associated in each case with certain information technology. Peer-to-peer technologies, hyperlinks, automated actions of programmed applications, multiplayer online games are recognized as such in the article. The variants of solving General and particular systemic problems with the use of foreign judicial practice and legislation are proposed. The Russian judicial practice on the solution of some system problems of the Internet is also specified. In conclusion, the study identified and justified the need for special legal regulation of the network.

75-80 547
Abstract

The article examines certain legal issues that arise in connection with the use of blockchain technology and smart contracts. Using the methods of complex and system analysis in conjunction with the branches of science, the author reveals the concept of blockchain technology, smart contract. The author analyzes legislative novelties related to the establishment of the institution of digital rights and digital money and the improvement of the rules existing in the Civil Code of the Russian Federation regarding the forms of transactions (contracts) for the possibility of their use with digital rights. The concepts of a smart contract existing in domestic and foreign literature are analyzed. It is concluded that for authentication using the technology of blockchain and smart contracts, unqualified and qualified electronic signatures can be used, which, according to the author, may well provide confirmation of the fact of the formation of the document by a certain person. The thesis that a smart contract is primarily a software code is presented, which does not exclude errors in its preparation. The main problems that may arise in connection with the use of smart contracts are analyzed. Some practical recommendations on drafting a legal contract that uses a smart contract are provided. In conclusion, the author concludes that the legal structures already existing in the legal field of the Russian Federation allow the safe integration of the institution of smart contracts, taking into account the positive trends in international and foreign legislation in this area.

81-86 346
Abstract

The subject of the study in a scientific article is US law governing property and personal non-property relations arising in connection with the creation and use of official works and works created by order, as well as relevant judicial practice. The methodology of this study is based on scientific methods of cognition of social phenomena and processes. As research methods, general and private scientific methods of cognition were used, in particular, within the framework of general scientific methods of cognition, such as the formal logical method, the system and complex analysis method were used. In the framework of the private scientific methods of scientific knowledge, the comparative legal method of knowledge was used. The scientific article explores the problems associated with the creation of official works in the United States, defines the concept of official work, features of its legal regime, as well as the ratio of US law to judicial practice in the regulation of relations for the creation of official works. The results of this study can be used for further scientific development of problems associated with the creation and use of official works, as well as the use of positive experience to regulate legal relations arising from official works in Russia.

87-94 2238
Abstract

The problem of combating corruption is one of the key problems for Russia. The article analyzes the role of civil society institutions as subjects of anti-corruption policy. The directions of combating corruption, in which civil society institutions participate, are considered. A broad classification of civil society institutions involved in combating corruption is presented. Also, the features of participation in anti-corruption policy of various institutions of civil society in anti-corruption policy such as: public associations, the media, the scientific community, trade unions, business structures, individual, are considered. In conclusion of article the main problems hindering the participation of civil society in the fight against corruption are highlighted, as well as key areas of development of civil society in Russia and the priorities of Russian policy to ensure the development of civil society institution.



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ISSN 2411-118X (Print)