No 2 (2018)
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10-14 278
Abstract
The presented article analyzes the possibilities of how Russia can obtaine and use the competitive advantages during the formation of the EEU. One of such factors is, firstly, the formation of the unified private law of the EEU, which will be formed on the basis of Russian civil legislation and practice of its application and the creation of an arbitration court that wil have jurisdiction over the disputes between economic entities, secondly, the establishment of an arbitration court that wil have jurisdiction over the disputes between economic entities of the EEU member states , which will obviously focus on Russian legislation, judicial practice and doctrinal sources.
15-21 415
Abstract
In essence, the issue, examined by the author, has its relevance and lawful significance, and in this connection, the author skillfully states the interpretation of the modern electronic economy taking into account the existing normative legal acts. The author essentially proposes non-ordinary sentences in his judgments, which will be useful for all categories (levels) of readers. In particular, he is right that the digital economy needs to strengthen and improve control and supervision in order to ensure this or that security. On the other hand, indeed, it is advisable for the subjects of management (control and supervision) to issue joint regulatory and legal acts in the field of interaction and regulation of the issues of electronic economy. These and other author's judgments are also significant in connection with the publication of additional normative legal acts, which have not yet been included in departmental acts, and the interrelationship of federal laws will facilitate the full development of the circulation of electronic money.
22-27 503
Abstract
The article is devoted to the topical issue of the introduction of digital securities and the application of blockchain technology on the securities market, which is supposed to make the securities market more transparent and reduce participants' risks. In connection with the Strategy of the Information Society Development in Russia approved in May 2017 and, in this connection, the further prospects of the development of the securities institution, the issue of the justification of dividing securities into documentary and non-documentary with different legal regimes is raised. The work concludes that the fundamental in a security are precisely the rights it establishes, but not the form of consolidation. Therefore, it seems to be incorrect that the civil legislation of Russia classifies all securities to property (things) based on a classical understanding of a security as a paper document. It also seems illogical that at the present time, despite the understanding in the legislation that the non-documentary security is the "obligation or other right", the legal regime of such a security is subsidiarily subordinated to the legal regime of the thing (Article 143 of the Civil Code of the Russian Federation).
28-34 824
Abstract
The article presents the results of the study of the main features of modern legal enforcement of smart contracts, including the basic stages of the origin and development of the institute of legal regulation of specified type of contracts, features of virtual crypto-currencies and other crypto-ownership in the form of digital financial assets, the rights and obligations of the parties of smart contracts are analyzed, and as well as the specifics of the conclusion and practical three-stage implementation of smart contracts, the special conditions of their execution in the purchase and sale of goods, in the provision of tourist services, rental vehicles, other movable and immovable property, the possible use of traditional currencies and cryptocurrencies for payments are analyzed, the materials of law-enforcement, including judicial practice that allow to formulate the main approaches to impose liability for causing harm to parties of smart contracts on electronic Internet sites of blockchain and hashgraf, by analogy with agentsaggregators are considered, the main shortcomings of the legal enforcement of smart contracts in the current period are revealed and proposals on improvement of the legislation of the Russian Federation regulating these legal relations are made.
35-43 248
Abstract
The article deals with the problem aspects of integration processes, related to the implementation of the provisions of the Technical regulations of the Customs Union "On the Safety of Small-sized Vessels”; the possibilities of increasing the efficiency of information interaction among the EEU member countries using digital technologies are analyzed; proposals to modernize the legal model of "transport real estate", to improve national systems of state registration of watercraft are made. The work speaks of a full-fledged solution to the problem through the implementation of the provisions of the Regulation in the framework of the harmonization of national civil legislation, as well as the revision of Article 130 of the Civil Code of the Russian Federation (Article 130 of the Civil Code of the Republic of Belarus and Article 117 of the Republic of Kazakhstan). The adoption of a consolidated normative legal act by the member states of the Eurasian Economic Union that establishes economically justified, unified and clear criteria for classifying vessels as small-sized, and of their classification, survey and registration, which creates conditions for the effective use of digital information technologies in the field of transport security, could be the proposed legal solution.
CIVIL LAW AND PROCEDURE
44-52 501
Abstract
Federal Law No. 42-FZ of 08 March 2015 "On Amendments to Part One of the Civil Code of the Russian Federation", which entered into force on June 1, 2015, envisaged option contracts and an option to conclude a contract among the new contract designs. For two and a half years of the novellas on the contracts, judicial practice has already developed and certain problems of law enforcement have been identified, which are discussed in this article, including: the legal nature, the problem of terminology, the general and various in these contracts, the relationship with the organizational, preliminary, framework treaties , the application of the novels of the Civil Code of the Russian Federation with retroactive force, taking into account the provisions of Article 422 of the Civil Code of the Russian Federation, the form of the option to conclude the contract, the scope of application of options, the consequences of the return of the option premium. Particular attention is paid to the opportunities and prospects for the use of options in contractual relations in the field of intellectual property.
53-60 616
Abstract
The article deals with one of the controversial categories of civil law – the category of succession in relation to the reorganization of legal entities. Analyzing the doctrinal approaches and jurisprudence on the subject of the singularity or universality of succession in reorganization, the author notes that the prevailing practice on the recognition in some cases of the singular nature of succession is contrary to the current legislation, but fully correlates with the nature of succession in the reorganization of legal entities. The article criticizes the novelty of the current legislation on the exclusion of the separation balance sheet, it is noted that taking into account the possibility of a mixed reorganization to exclude from the right field the document defining the order of succession is simply not allowed. Much attention is paid to the innovations of the civil legislation on the content of the transfer act. The article also considers the moment of succession.
61-67 279
Abstract
In the work from the point of view of civil law science, the comprehension of the approach chosen by the Constitutional Court of the Russian Federation in assessing the civil legal mechanism of protection of property rights in the case of vindication of residential property by local government bodies is conducted, if such residential property is recognized as escheat. It is concluded that civil law needs to be improved. In the work, much attention is paid to the difference between the civil legal personality of public-law entity and the competence of the created state or municipal bodies. It is also said that in the first case, publiclaw entity is on equal terms with respect to third parties, in the second case – public-law entity demonstrates its authority through public bodies. If such entity operates in the civil turnover in the status of an equal participant in legal relations, that has the same volume of civil rights and obligations, which means that public-law entity in private legal relations must comply with the rules established by it.
68-76 276
Abstract
This article analyzes the changes in legislation that occurred in Russia as a result of the arbitration reform which concern the regulation of the procedure of adoption of interim measures by the state courts upon application of a party to the arbitration and the correlation of such changes with the prevailing domestic doctrine in this area. The article focuses on the contradictions that existed in the Russian legislation before the arbitration reform on such procedural issues as the criteria for determining a competent court for adoption of interim measures in support of arbitration, as well as the correlation of acts of the state court and the arbitration tribunal on interim measures. Also, the author draws attention to the new procedural institution - the courts’ performance of the functions of assistance and control in relation to the arbitration tribunal. Establishing this institution, the legislator did not consider the view formed in the Russian scholarly literature about the interim measures of the state court as a form of assistance to arbitration.
77-83 439
Abstract
The article discusses the content of the concept of "Internet of things", analyzes the relationship of the concept of "Internet of things" with the concept of "Industrial Internet". On the basis of the comprehensive analysis of scientific literature, the most widespread business models of IOT technologies introduction into the production activity of economic entities are revealed. The basic subjects performing business activity in the market of the Internet of things are defined. The range of economic legal relations in which they are forced to enter for the purpose of production or production of the final IoT-product is investigated. The author's classification of the system of economic relations developing at introduction and further use of IoT technologies in production activity of the managing subject is proved and presented.
COMPARATIVE LAW
84-96 242
Abstract
Transformation of the informal sector among registered SMEs can significantly contribute to the economic development of these countries as they become eligible for bank loans, their employment and outcomes will be recorded in national statistics. A reliable legal system and judiciary are necessary for lenders to enforce contracts and foreclose collateral on loans. Inefficient legal processes and court proceedings increase the risk for lenders and make the foreclosure processes time-consuming and expensive. Similarly, inadequate creditor rights can diminish the incentives for borrowers to meet their financial obligations. In turn, these factors translate into a higher cost of financing for borrowers. Bankruptcy procedures are rarely used and the capacity of courts to handle insolvency issues is another bottleneck. The ongoing reform of the insolvency regime should be completed as soon as possible, bringing the law in line with international standards. Despite their size and contribution to employment and GDP, development of SMEs in most countries is insufficient. There are number of factors that limit the development of SMEs, namely a lack of long-term financing, inability to access to bank loans due to big portion of informal sector, and poor human and technical capacity. For the purpose of this article, SME financing is discussed in more detail.
97-104 431
Abstract
The article is devoted to the study of customary law as a regulator of marital relations of Tatars-Mishars living in the territory of the Republic of Mordovia. It examines the peculiarities of family relations on the basis of the rules of customary law of the Mishars, namely: conditions of marriage and various ways of its conclusion, the customary legal status of family members, their legal status, peculiarities of order in the family, explores some aspects of personal and property relations of spouses, reveals the peculiarities of relations between parents and children, family sections of Tatars-Mishars. Consideration of this issue is determined by the author chronologically and covers the second half of XIX – first half XX centuries, i.e., since the beginning of the study of the legal customs of the peoples living on the territory of Russia and their systematic scientific generalization. Although the majority of the inhabitants of the country have long used customs in their everyday life, including legal ones, but it was often ignored by the official circles, which, as it were, did not notice and did not recognize them as a source of law.
PLEKHANOV SCHOOL OF YOUNG SCIENTISTS
105-111 492
Abstract
In connection with the sharp rise in the creative environment, when even little-known authors, inventors and people of creative professions can share their work and receive well-deserved recognition from others around the Internet, the mechanism of legislative consolidation of intellectual rights, as well as their protection became relevant in all developed countries of the world. In this article, the main forms and methods for protecting intellectual property rights in the Internet, as provided by Russian law, are defined. The author gives information about specialized bodies and subdivisions that deal directly with issues of the protection of the intellectual property rights, by the review of complaints and applications submitted by authors, inventors, developers, etc. In addition, the analysis of the current definition of the Internet site according to legislation is carried out. The minuses and shortcomings of this legislation are noted from the point of view of protecting the rights to the entire Internet site and to its separate parts. In order to identify shortcomings in the existing Russian legislation, as well as to determine effective ways to protect intellectual property rights in the Internet, the Russian court practice and foreign experience regarding the protection of rights to the Internet resource are considered.
112-118 383
Abstract
In the article the results of problematic research issues of contractual relations in international private law primarily from the perspective of innovative domestic and foreign researches on a similar problematics, in particular, considered the concept and essence of international agreement (international contract) in private international law; analyzes the features of legal practices and the terms of the contract and of the contract in private international law and also identifies opportunities for improving law enforcement practice in the sphere of international private law contractual relations.
119-125 1789
Abstract
In Russian Federation in joint-stock companies there is a special category of shareholders whose rights are often violated or restricted in any way. These are minority shareholders. This Article is devoted to the research of their legal status. In many countries, including Russia, the legislation contains a number of the norms aimed at protecting minority shareholders.The author expresses opinion that it is necessary to consider the balance of interests between minority and majority shareholders.The author notices that non-compliance with such balance is capable to lead to negative consequences not only for minority shareholders, but also for joint-stock company in general, for the relations between joint-stock company and its founders.The purpose of this article is to identify the main possible violations of the rights of minority shareholders and to analyze the main ways to protect these rights.Taking into account the established practice, the author notes that today there is enough ways to protect the rights of minority shareholders which are affirmed in the existing normative legal acts. In article, both jurisdictional, and not jurisdictional ways of protection are considered. Nevertheless, the author comes to the conclusion that the legislation in this field is not perfect, contains gaps that leads to ambiguous legal regulation in this sphere. It is offered to make changes to the legislation and to expand a circle of possible ways of protection by resolving the arbitration proceedings.
126-133 352
Abstract
Тhe factor of sports infrastructure is important for the real estate market and in many respects this factor affects the cost of the offered, both commercial and residential real estate. In this article, the author describes the impact of property prices near a variety of sports arenas. Therefore, it can be assumed that the presence of a large sports arena, for example, a football stadium will significantly affect the price of real estate, which occurs in many Western countries. The study of this influence can positively influence the development of the economy in sports and influence the growth of financial profit of various sports facilities. Active development of sports, as well as increasing interest in various sports facilities and sports teams leads to the fact that the location of the sports arena can affect the price of real estate near this object. In Russia, in 2018, the World Football Championship will be held, which, in many ways, can bring the sports economy to a new level and increase the demand for sports facilities, and hence the prices for real estate next to them.
134-139 643
Abstract
This article is devoted to the consideration of problems arising when concluding a lease of buildings and structures. Based on practice, the lease of a building or a structure during the passage of state registration was analyzed. An attempt was made to improve this procedure by proposing regulatory norms that ensure the interests of the tenant and the owner. Also, problems with liability were identified and considered. In conclusion, it is said that state registration is very convenient in terms of protecting the interests of both parties. But one of the negative factors that constrains many legal entities from carrying out this procedure is the high cost of the fee. State registration is good because it takes care of identifying the risks, as well as regulating the relationship between the tenant and the landlord.
140-144 457
Abstract
Crypto currency is an innovative digital currency, the circulation of which occurs in an electronic network. Crypto currency in just a few years has become popular and even surpassed some national currencies in terms of reliability. The first and main digital currency was Bitcoin (bitcoin). Over time, analogs of bitcoin, such as: Namecoin, Litecoin, Peercoin and many others, appeared in different countries. Bitcoin is a payment system that exists in electronic form and is not controlled by any financial institution or any legal instrument of the state. It is worth noting that the limit of issuing digital money is limited to 21 million. The main advantages of bitcoin are that all operations are faster and more reliable, there is an opportunity to earn (in cases of appreciation of bitcoins, for example, in 2013 they rose in price), purchasing power and investment opportunity increase. However, bitcoin is not devoid of shortcomings, for example volatility, that is, the course of bitcoin can constantly change, the possibility of losing its investments, digital coins are not used everywhere. Despite the fact that attempts to introduce a digital currency have been made since the advent of the Internet, the practical use of this type of coins is not enough to this day. In addition, many users do not trust this method of payment. The prohibition of crypto currency in some countries, for example, Russia and China, is hindering the spread.
145-150 426
Abstract
This article examines the general provisions of the federal law "On the peculiarities of granting to citizens of land plots in state or municipal ownership and located on the territories of the constituent entities of the Russian Federation that are part of the Far Eastern Federal District and on amending certain legislative acts of the Russian Federation" Its legal analysis is also conducted. In addition, the main problems and possible risks associated with the implementation of this law are identified. The article justifies the need to clarify certain issues that are not adequately regulated by the law on the Far Eastern hectare program. In particular, article considers: the problems of incompleteness of information on the content of the declaration to the Ministry of the Russian Federation for the development of the Far East relative insecurity of citizens in the provision of a land plot in ownership or in rent; problems associated with the lack of land surveying as an obligatory element of land management.
ISSN 2411-118X (Print)