The article deals with the concept of a commercial concession contract, that is, a franchise contract. The history of the appearance and development of a commercial concession contract in foreign countries and in Russia is studied. Based on modern Russian legislation, such concepts as a franchise agreement and a license agreement have been analyzed in detail. For the first time, within the framework of this issue, it was recommended that nonprofit organizations transfer a set of exclusive rights in the form of a commercial concession to economic entities to solve common problems. A proposal has been put forward, in line with the easing of administrative pressure on business, to cancel the state registration of the agreement in favor of the parties involved. It is also proposed that non-profit organizations implementing economic activities be responsible only for certain blame.
In this article, the author examines the problems of contractual regulation of maritime cruises in the polar regions. The study uses such methods as comparative analysis: the definitions of the concepts «passenger» and «tourist» are compared in order to determine whether they can be interchangeable in legal relations between a tourist and a tour operator; systematization: international and Russian regulations that directly or indirectly regulate tourism, including marine and polar regions, are systematized depending on the subject of regulation. The author examines how sea cruises are regulated in foreign legislation, including in countries where the sea cruise agreement exists as an independent contract. The paper also lists the risks for tourists in the polar regions, indicating the need for specialized regulation. The necessity of differentiation of a contract of sea cruise and the standard contract on rendering of tourist services, as well as changes in the standard form, taking into account characteristics of the Arctic and emerging practice, including the position of the Supreme Court. Such aspects of the agreement as the subject matter of the agreement, the terms of travel and the possibility of their adjustment, insurance for tourists visiting the Arctic zone, and the difficulties associated with evacuation from the Arctic are considered.
Objects of civil rights are one of the most important and fundamental topics for research during civil law. Knowledge of the essence and legal nature of civil law objects is necessary for further implementation of theoretical knowledge in real legal relations between citizens and legal entities. The relevance of the study of digital rights as new objects of civil rights is since the process of digitalization of the economy in the Russian Federation is currently being actively implemented and developed. This circumstance led to the need to introduce new objects into civil circulation – digital rights (assets). This process, of course, entails the optimization of the domestic legal framework, which should regulate the legal aspects in the field of digital rights. Major technical changes encourage States to respond to the challenges of our time. Digitalization forces the legislator to reveal and develop the scope of the legal regime of digital rights. Thus, the emergence and use of blockchain technology has generated a lot of discussions in the legal environment of many countries, including the Russian Federation. Since 2017, numerous meetings and scientific conferences have been held, and special assignments have been sent to study digital reality. This article is devoted to the implementation of digital rights in the civil legislation of the Russian Federation, analyzes various terminology of digital rights, and provides legislative gaps in the field of regulation of digital rights in domestic law.
The article analyses the existing approaches to the legal nature and composition of a civil offense in information sphere, ways of violating civil rights on the Internet as, for example, copyrights, which include the right to audio, video, or visual work (a piece of literature, science and art), know-how, databases or a computer program and others, means of individualization - company name, image of a trademark, as well as personal non-property rights - the right to name, personal inviolability, honour, dignity and business reputation; also the article describes the problems that arise when identifying the grounds for applying measures of liability for torts in the digital sphere, such as insulting the person, illegal copyrights, posting materials on websites, or their use in another form without the permission of the copyright holder, permission to share intellectual property, non-compliance with the terms of the transaction concluded on the network and formulating the author's position on the structural elements of civil delicts in the information sphere, the author has highlighted the obligation of direct intent in almost every type of offense on the Internet, which is as important in determining the offence as the existence of guilt and causality. Some ways of preventing infringement of copyright and personal non-property rights and ways of their protection are also taken into consideration.
FAMILY RELATIONS AND LAW
The division of the spouses' property is one of the most pressing problems arising in law enforcement practice when resolving cases related to family legal relations. Special attention should be paid to the problems caused by the establishment of the legal regime of those incomes received by one of the spouses during marriage from the use of his personal property, which is not the joint property of the spouses. Even though these problematic issues have repeatedly become the subject of theoretical research, law enforcement practice continues to remain ambiguous, and in this regard, the application of civil and family law norms contradict each other. One of such issues is the question of determining the legal regime of income that one of the spouses receives during marriage, because of the use of his personal (separate) property, if we are talking about participation in the authorized capital of legal entities.
LAW AND STATE
The article analyzes the institution of parliamentary responsibility of the Government in the Russian Federation, which is becoming increasingly important. This is due to many reasons that directly or indirectly affect the life of the state. The managerial level of the state apparatus realizes that without building a civilized dialogue with a representative body, it is impossible to increase the effectiveness of the implementation of its own powers. The interaction of the executive and legislative branches of government is impossible without the presence of institutions of responsibility, which include the institution of parliamentary responsibility of the government throughout the democratic world. The parliamentary responsibility of the Government is classified by the author as a variety of legal responsibility and an independent legal category, the development of which is very timely today. Even though the elements of efficiency are being actively introduced into the management practice of modern Russia, both at the legislative and law enforcement levels, their legal form is still in its infancy. In our country, we can observe the underdevelopment of the parliamentary responsibility of the government, which is often emphasized by the lack of parliamentary influence on the state policy. A similar state is projected on the level of the subject of the Russian Federation. Based on this, the developed author's concept of parliamentary responsibility of the government needs its detailed normative consolidation.
COMPARATIVE LAW
The article presents the basic results of research of features of definition of the legal category of malignancy or causing inconvenience in cases of non-contractual liability in the field of nanobiotechnology, which was formed for European tort law, which is important in modern conditions of mass use of nano biomaterials, causing the emergence of new risks to life and health, requires the development of new techniques to ensure the safe existence of the individual, which is especially important in conditions of uncertainty caused by, this includes the threat of adverse consequences associated with the global spread of coronavirus and similar infections, some of which may be of artificial origin. The subject of the study is the relationship that arises between developers, manufacturers, and distributors of nano bioproducts on the one hand and the individual on whom these types of products have their own, including adverse effects, on the other. Logical, comparative, empirical, analytical, historical-legal, descriptive, and other methods of cognition were used as the main methods of research. Scientific novelty of the study was the findings, in accordance with which, first and foremost, the focus of modern tort law, in relation to the category congratulations-facing use and possession of the land (land plots), and not on its (their) inherent value as a natural resource that may eventually be resolved, for example, in civil and natural resources (conservation) law of the Russian Federation and, secondly, for all intents and purposes of the causer of harm associated with the adverse effects of the use of nano biomaterials, therefore, manifestations of malignity cannot be considered direct means of incurring environmental responsibility, which does not detract from their auxiliary potential for implementation (application) in situations where there is no positive law, and provide some form of environmental protection based on facts, which in turn allows you to gradually begin to practice claims for malignity (causing) inconvenience in domestic law enforcement practice. We believe that the proposed approach is particularly relevant in the current conditions of virtually uncontrolled spread of nano biomaterials, which can cause, among other things, global pandemics and, thus, cause harm to an unlimited number of people.
The paper presents the results of a study of the main General features of ensuring personal financial and economic security of students and graduates of universities in the United States in the process of paying educational and mortgage loans, as well as employment in modern crisis conditions, aggravated by the coronavirus pandemic. The subject of the research is the relations that arise in the process of implementing civil law relations between banks and University students (graduates) on educational and mortgage loans that adversely affect the personal security of students in the financial and economic sphere. During the research, logical, analytical, historical and legal, empirical, strategic management, instrumental and other basic methods of cognition of objective reality in the legal field were used. Scientific novelty of the study was innovatory approaches to ensuring the personal safety of students (graduates) of the universities in the economic and financial environment, the results of which were the following key findings, according to which, first, in the United States over the past decade have in fact a certain kind and a very dangerous symbiosis between financial and educational institutions, which leads to a permanent increase in the cost of payment for the provision of educational services and, as a consequence, the increase of banking services on educational loans; secondly, over the past few decades in the industrialized countries of the world, applying the model of lending studied in this paper on the example of educational loans, on the one hand, allowed a large number of people to feel more secure, becoming more interested in consumer and mortgage lending; on the other hand, the illusion of security and solvency has led to the actual enrichment of credit institutions (first of all, the banking system, as well as bondholders and other creditors), but not for debtors, and, third, in the current conditions, those individuals who previously for many years referred to themselves as the middle class, today found themselves in the composition of the heavily indebted working class; as a result, the number of potential risks of threats to personal security in the financial and economic sphere for the basic part of the population of these States and, above all, for students and graduates of higher education institutions has increased dramatically.
COMBATING CORRUPTION
Nowadays, to keep pace with the ever-growing complexity of social relations, governments try to expand their regulation to newly arising relations and adopt more and more legislative acts. The number of the latter increases the risk of corruption in the society, since the more complex a certain procedure is, the more responsible officers its implementation requires and each of these offices, being human, may be seduced, bribed, and impartial. Due to a relatively bigger number of persons involved at various levels, the medical field is more exposed to the risk of corruption. At the same time, the paramount social importance, and the effect this field has on society while dealing with its health and life, demand the highest ethical and anti-corruption standards available in order not to allow for a corruption offence. This article focuses both on the special sectoral regulation of anti-corruption compliance, sources of «soft-law» recommendations and on the general nature of anti-corruption compliance as an ethical and legal methodology of ensuring the fulfillment of all the legally binding and other requirements, the company consented, one way or another, to be bound by. The article offers an overview of the anti-corruption function in a medical company from the perspective of both a medical company and a healthcare professional, bound not only by «hard-law» rules but also by numerous principles of medical ethics and deontology. The analysis is conducted through a comparison of the respective lex generalis and lex specialis requirements among themselves and with the provisions of recommendatory sources. Despite the numerous particularities, the medical field has, the anti-corruption compliance «tool-kit» is capable of efficiently adjusting itself towards sectoral requirements. Only by comprehensively and professionally implementing all the relevant requirements and applicable recommendations, a company may ensure the high performance of its business processes and its compliance function.
PLEKHANOV SCHOOL OF YOUNG SCIENTISTS
First and foremost, the Author focuses on the country of Azerbaijan and in-depth analysis on how the pandemic was spreading, the measures undertaken by the government and the effects it has have and will have on the human rights as well as the legal basis for this. The expert opinions of various international specialists in the field of human rights, economics and health are presented. The author pays special attention to the comprehensive measures taken by the state, aimed to ensure the security of the people and the country. The measures aimed at preventing the spread of the pandemic and improvement of the state mechanisms used to combat the new coronavirus infection are analyzed in detail. Furthermore, this article will also analyze and compare the different strategies that were used by the world’s largest economies and the impact of these measures on human rights in these countries. Attention is also paid to the possible, far-reaching socio-economic consequences of COVID-19 pandemic. This study was based on but not limited to modern methods of scientific knowledge, including the method of comparative analysis, methods of systemic and logical analysis.
The relevance and importance of the chosen topic is primarily due to changes in the legal regulation of intellectual property protection due to the inclusion in part IV of the Civil code of the Russian Federation of a new means of individualization of entrepreneurs and their products – «geographical indication», in connection with the acceleration of integration processes in Russia into the world community. Currently, means of individualization of goods/services and their producers have a huge role in the development of competition for goods/services, since they contribute to the recognition of a legal entity or goods and are their distinctive feature (hereinafter referred to as means of individualization). Means of individualization help consumers of goods and services to distinguish both the producers themselves and their products, services and works performed. Often, the buyer's choice is based on trust in a familiar, well-known brand. The importance of the role of competition protection in business activity is guaranteed by clause 1 of article 8 of the Constitution of the Russian Federation. Every year, legal regulation of geographical indications becomes more and more important in the world. A few years ago, this issue was not so relevant, but with the development of legal regulation of market relations, intellectual activity has acquired a high importance in a democratic society. The General theoretical basis of this article consists of the works of such scientists as O. A. Ruzakova, E. S. Grin, S. Yu. Fabrichny, N. V. Fedorova, L. Fomina and D. A. Shishkin. The methodological basis of the article is represented by General scientific and special methods. Based on the analysis, the author formulates a number of conclusions, in particular that the introduction of a new type of means of individualization of entrepreneurs and their products will have a positive impact on the regulation of competition within the country and on the economic growth of the region and its population.
This article discusses one of the types of suspicious transactions of the debtor in the bankruptcy procedure. It is transaction with an unequal counter-provision. The historical aspect of the occurrence of such transactions is touched upon and its concept is given. It reveals its characteristic peculiarity, which consists in the fact that when the debtor sells the property to a third party, the debtor receives in return non-equivalent property or does not receive anything at all. In this case, the bankruptcy estate is reduced, and creditors, accordingly, cannot meet their requirements from this property, since it was dropped from the bankruptcy estate. Thus, the debtor can withdraw the property for the purpose of its further preservation, because such a transaction is suspicious, and is allocated as an independent one in the Federal law «On insolvency (bankruptcy)» (hereinafter – the law on bankruptcy). The article also addresses the problems of imperfection (incompleteness) of the provisions of the bankruptcy Law in relation to such a suspicious transaction, concerning the concepts «of inequality» and «materiality», which are not disclosed and are not interpreted by the legislator in full. We also reviewed the provisions of the resolution of the Plenum of the Supreme Arbitration Court regarding suspicious transactions, which are also imperfect and raise questions. The authors propose ways to eliminate existing problems in the legislation regarding such transactions.
Public and private partnership is a modern institution of attracting government investment from concerned business representatives. Such interaction between public and private partners allows achieving economic success in the changing macroeconomic environment. The article is concerned with analysis of the public and private partnership institution. The concept of the dual legal nature of public and private partnership is grounded. The paper analyzes the existing legislation in this area, as well as the case law in the private partners rights and interest’s protection framework. The author considers the Government of the Russian Federation main powers in the public and private partnership field. The conclusion that the non-profit legal persons also can become a private partner is drawn up. The historical experience of the public and private partnership institution formation is given. The article articulates the concept of public and private partnership. The author talks about the dual nature of public and private partnerships.
The People’s Republic of China can be described as the largest business partner of the Russian Federation, and the issue of choosing the law applicable to contracts with a foreign element is not only relevant in the era of economic integration but is still debated in the scientific community. The aim of the article is to compare the approaches of the legislators of both countries to the issue of conflicts that arise in private international law due to different organization of the legal systems of countries participating in international commercial relations. As a result, the same legal facts are interpreted differently by national legislation, which leads to numerous disputes and often infringe interests of one of the parties. The subject of the research is the legislation regulating private international law sector of Russia and China; Russian and Chinese approaches to the legal consolidation of collision principles; features of the application of the principle of autonomy of the will of the parties, the written and implied forms of agreements on applicable law, as well as agreements on applicable law that require interpretation. In the article is used an analysis of legal acts and a formal legal method, which includes a description of the rules of law and the establishment of legal features of the phenomena under consideration. The theoretical significance of the work is due to the formulated conclusions, in which the similarities and differences in the legislative regulation of the agreements of the parties on the applicable law are revealed.
The article discusses the problems of the legal regulation of virtual objects connected with computer games and the user rights protection in different countries. The study is carried out using the system method, analysis, synthesis, and the comparative legal method, due to which four main approaches applied by the courts and theories that explain the application of these approaches are identified. It is revealed that the Russian courts refer either to paragraph 1 of Art. 1062 of the Civil Code of the Russian Federation or the terms of the user agreement, also both approaches can be applied simultaneously. The author analyses examples of the legal regulation of virtual objects in countries such as China, France, the USA and other. The novelty of the study lies in the consideration and analysis of recent court practice and the relevant issues related to virtual objects that are discussed in different countries. Disadvantages in the Russian courts’ qualification of the studied relations are disclosed and options for improving legislation in this area are suggested. It is proposed to apply the unjust enrichment rules to such relations and to formulate the main provisions of the legal regulation of virtual objects in the legislation at the national and international levels.