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ECONOMICS. LAW. SOCIETY

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No 4 (2020)
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INTERNATIONAL RELATIONS AND LAW

7-12 300
Abstract

The procedure of unification of academic titles within the frameworks of the modern integration concept in the European education system is directly related to the unification of academic degrees and, a priori, is strongly determined by the confrontation of the traditional and Bologna models of education. The traditional model of higher education in Germany, based on the Humboldt system, which in historical retrospect was considered as a reference model, not subject to any modernization. It was initially personified, partly ritual and complex, not oriented towards the flow version of education. For a long time, it had been proved its effectiveness and fully contributed to both the scientific and economic progress of Germany. A teacher - a doctor - a professor is, first of all, a statesman with a very high legal status, which inevitably found its reflection in the position and academic title. This procedure, one way or another, was relevant before the 80s of the twentieth century. Serious changes in the educational system of the Federal Republic of Germany took place in 1988, when in Bologna, at the congress of European rectors, the Universal Charter of Universities was adopted (Magna Charta Unifersitatum). This formally framework, but fundamental document has initiated the reform of the very fundaments of German educational system.

CONSTITUTIONAL LAW

13-20 308
Abstract

The article examines various aspects of the delegation of powers to state bodies and other subjects with powers of authority. It is emphasized that at certain stages of history, including the modern one, sometimes this happened without a normative fixation of such a rule. Belarusian and foreign legislation and practice indicate that delegation of powers can occur: 1) from one state body (official) to another; 2) from a state body (official) to a non-state entity, for example, a territorial public self-government body (councils, citizens' committees, elders, etc.); 3) from the highest source of power (people) to a state body (for example, by means of popular vote, powers are delegated to parliament, the local council of deputies). Attention is drawn to the possibility of not only voluntary delegation of powers, but also their removal from the jurisdiction of other bodies. Examples are given based on the analysis of the current legislation. The conclusion is made that if the transfer of powers corresponds to the nature of the given body, its purpose, corresponds to constitutional principles and norms, this practice should be supported.

 

31-30 221
Abstract

The article examines the Conclusion of the Constitutional Court of the Russian Federation on the amendment to the Constitution of the Russian Federation, dedicated to improve the regulation of certain issues of the organization and functioning of public authorities. The article analyzes the arguments of the Court, cited by it in favor of the provision concerning the granting of the current Russian president the opportunity to be elected to the corresponding position beyond the terms established by the Constitution of the Russian Federation. It is indicated that the choice of constitutional values made by the legislator carries a legal component and, as such, can be considered by the Constitutional Court within the framework of its special competence of the supreme body of constitutional control. The constitutional amendment is viewed from the perspective of the rule prohibiting retroactive effect of the law. The representative power, contrary to the logic of the legislative process, has given retroactive effect to a norm that actually worsens the situation of voters, since they now have to choose between competitors, one of whom - the current president - has a number of actual advantages over the others. Participation of the incumbent head of state in the election campaign beyond the time limit established by law restricts freedom of electoral competition. The article concludes that the Russian constitutional legislator has departed from the principle of change of power inherent in the republican form of government. Legislative novels of this kind are inconsistent with the idea of real democracy. The legal position of the Constitutional Court on this amendment violated the rule on the unity of judicial practice, which requires that similar decisions be made in similar situations. The legal position of the Constitutional Court on this amendment violated the rule on the unity of judicial practice, which requires that similar decisions be made in similar situations.

LAND LAW

31-38 383
Abstract

The purpose of the article is to consider and to attempt to make a theoretical solution of a number of land law problems related to the organizational and legal framework for conducting individual housing construction in Russian Federation. These problems have been existing for many years and due to their unresolved status they do not lose their relevance. Within the framework of the article writing, the authors have identified a range of specific problems in the field of land rights realization by certain categories of Russian citizens, including disabled people, members of multi-child families and other citizens who have a legal right to receive land plots in the territory of the Russian Federation on special preferential terms. For this purpose, the article describes the existing list of categories of such persons who have preferential rights to purchase land plots, it reveals the content of their preferential rights, directly names the actual difficulties found in these rights implementation, and as a result, it concludes that the principle of providing affordable housing for citizens by the state in Russia is nominal only, but not real, and that the consequences of applying such a formal approach are unfavorable from a social point of view. As a result of the study, the main legal difficulties in the mechanism of the land plots granting to certain categories of citizens in the Russian Federation were not only identified and named, but also the appearance of these difficulties logic was explained, and possible ways to eliminate them in the future were proposed by the authors. For this purpose, the article thoroughly substantiates and clarifies the need for further improvement of land legislation in the field of regulation of the housing construction land resources provision in the Russian Federation.

COMPARATIVE LAW

39-45 516
Abstract

The legislation of the Russian Federation in terms of taxation of controlled foreign companies (CFCs) has undergone significant changes. In fact, a unified imputed tax has been introduced on the income of such organizations. The article attempts to predict the mechanism for the implementation of innovations, shows the positive and negative aspects of the single tax rate. The foreign tax legislation is considered, which regulates many ways of determining the profit of a CFC, subject to taxation, and establishes various rules for imputing this profit to a controlling person. Much attention is paid to techniques that can be classified into two types: transactional and jurisdictional. The main difference between them: 1) transactional means taxing only that part of the CFC's income that is conventionally referred to as «tainted» income, that is, it means income used for tax evasion purposes; 2) jurisdictional - the location (registration or actual activity) of the CFC in a certain (usually offshore) jurisdiction, and if the jurisdiction meets the established criteria, then the entire income of the CFC is subject to taxation. Also on the basis of referring to the experience of foreign states and to the recommendations of the OECD, the prospects for improving the legal regulation of taxation of profits of controlled foreign companies were identified.

46-49 791
Abstract

This article provides a comparative analysis of regulatory legal acts of Russia and the EU-states in the field of protection of rights to trademarks and registered trademarks. We compare the regulation in the legislation of Russia and EU, and also identify the features of trademark protection. It is determined that the first legislative acts in this area appeared in Russia later than in the European Union, but, at the same time, the main period of development of the legal system took place simultaneously. The conducted research shows that at the present time there is a partial compliance of legislation in the field of trademark regulation, since a very serious modernization and acceleration in the editing of normative legal acts was required due to the transition of the Russian Federation to market relations, with rapidly growing globalization and, consequently, the need to individualize the products of a huge number of manufacturers. It was also found that due to the growing convergence of economic and political ties between the Russian Federation and the European Union, it was necessary to strengthen integration in their legal systems, including the sphere of trademark rights protection, which indicates the possible development of further economic relations.

HISTORY OF STATE AND LAW OF FOREIGN COUNTRIES

50-56 1086
Abstract

The problem of legal regulation of family relations has always been remained under scrutiny of the Roman state and society. Roman law sufficiently fully and thoroughly regulated the relationship of family members. The relationships between parents and children throughout Roman history were determined by the idea of patria potestas, - the patriarchal and unilateral power of the father. With the increasing importance of blood kinship, the need for economic independence of subjects, the power of pater familias had been weakened. This article considers the peculiarities of the development and formation of legal relations between parents and children in ancient Roman society. On the example of the relationship between parents and children, the model of the Roman family was studied. The signs and prerequisites for the formation and development of strong paternal power have been revealed. Personal property and non-property relations of parents and children in ancient Roman society have been studied as well. Some similarities in the legal regulation of these relations with the modern family law of Russia are highlighted. In particular, there was a similar procedure for defining and implementing the rights of minor children; there are common features of the rights and obligations of parents towards their children, as well as in the field of maintenance obligations.

COMBATING CORRUPTION

57-64 775
Abstract

The article touches the problem of countering the corruption in transnational corporation on the example of the Airbus case. The analysis of the mentioned case appears in several stages. Initially, the authors establish the actual circumstances and describe the course and features of the transnational investigation of corruption violations committed by Airbus and its intermediaries conducted by the regulators of three states (United Kingdom, USA and France). This stage of work is based on information provided by the official authorities that conducted the investigation. Based on the actual circumstances and corruption violations committed by Airbus and its intermediaries, the authors analyze the measures of responsibility implemented by the authorities of the United Kingdom, the United States and France against Airbus. The text of the paper highlights certain provisions of the deferred prosecution agreement (DPA) related to the revision of the company's compliance procedures, as well as the replacement of senior management and the cooperation of the violator with regulators. At the end of the study, the authors draw attention to the specifics of the Airbus case in relation to other corruption cases. In addition, the article provides recommendations for Russian authorities and the business community, including the introduction of more flexible standards for countering corruption violations (integration of the deferred prosecution agreement into domestic legislation and introduction of an effective compliance system in the company).

PLEKHANOV SCHOOL OF YOUNG SCIENTISTS

65-72 1538
Abstract

Digitalization of all scopes of social realtions, especially of economic ones, inevitably sets before the state the task to adapt legislation to the specific needs of the digital economy. The adoption of the Development strategy of competition and antitrust regulation in the Russian Federation for the period up to 2030 was one of the steps on the way to timely response to modern challenges. The article considers the actual problems of competition law through the Development strategy, highlights main negative factors that hinder the development of fair competition. Particular attention will be paid to competitive relationships in the scope of procurement of goods, works, and services for state and municipal needs. The article analyzes the practice of handling complaints of Federal Antimonopoly Service to the violations of the bidding procedure and the procedure for concluding contracts. On the basis of the conducted research the author makes a conclusion about the imperfection of the legal regulation of the procedure for the application of national treatment in procurement. The author pays attention to the problem of limiting the ability to participate in the procurement for those business entities whose economic activity is based not on the production of their own goods, but on the reselling goods, including foreign production.

73-84 703
Abstract

The problem of determining the legal nature of void transactions, as well as the consequences of recognizing them as such remains relevant. It is well known that while establishing specific grounds for the transactions invalidity, the legislator is guided by current political and legal ideas about the undesirability or inadmissibility of certain transactions. At the same time, it is obvious that the institution of transactions invalidity is not an absolute good, and if it is applied in isolation from the fundamental principles of private law, stagnation in the development of the latter is inevitable. This article is devoted to the legal phenomenon of actual cure of void transactions by court. The authors considered genesis peculiarities of the contracts-recovery institution in Russian law, analyzed the necessary conditions allowing the court to block references to invalidity, and also assessed the feasibility of recovering some void transactions. As a result of the research, it is concluded that the further development of the institution of the prohibition of inconsistent behavior in conjunction with the norms providing for the possibility of convalidation of void transactions will prevent cases of unjustified use of the considered mechanism.

85-90 394
Abstract

The subject of the study are the theoretical and methodological approaches to the research of the administrative and legal support for the legality of entrepreneurial activities in Russian Federation. Scientific novelty is represented by the provisions according to which under the legality (legality) of entrepreneurial activity in the Russian Federation it is proposed to understand the legitimization (granting in legal effect) of entrepreneurial activity carried out by duly registered economic entities, In other words, the actual receipt by the latter of the right to conduct business in the manner established by the constitutional right of everyone to carry out such economic activity, as well as the general principles of economic activity defined by the legislation of the Russian Federation. A scientific paper, based on an analysis of the legislative and scientific basis, that the legitimacy of entrepreneurial activity directly influences the increase of the economy of the country, saturation of the domestic market with consumer goods of national production, provision of social and property protection of citizens, conquest of foreign markets, world economic influence, qualified work of the management apparatus in the field of administrative and legal regulation of the said industry. In the work are systematized accounting and legalizing regimes, as separate types of administrative and legal, on the basis of purposefulness, which legalize (determine and confirm the legality or legality) of subjects of entrepreneurship, that is, they establish features of both registration of legal entities and natural persons, and regulation of normative requirements to the specified type of economic activity. The work considers the essence of standardization and certification, licensing and patenting of certain types of business activities; registration of foreign trade participants; quotas of exports and imports; protection against unfair competition.

91-96 1386
Abstract

The limitation period, as a legal institution, is intended to discipline the participants in legal relations in matters of timeliness of making payments and fulfilling obligations, as well as applying for judicial resolution of arising disputes. In exceptional cases, when the court recognizes a valid reason for missing the limitation period due to circumstances related to the personality of the plaintiff, the violated right shall be protected. The article examines the general provisions on the statute of limitations in civil proceedings, and also considers the consequences of missing the statute of limitations. Revealed valid reasons under which the limitation period can be restored. The author includes the following factors as such: long-term and severe illness; illiteracy; helpless state. It is noted that the exact list of valid reasons is not indicated in the law. In this case, the decision on the issue lies with the judge and depends only on his discretion. The article also indicates that, unlike the suspension, the interruption in the course of the deadline entails its re-counting. The conclusion contains generalizing conclusions and proposals for solving the identified problems, in particular, it is proposed to determine the circle of persons who have the right to declare the application of the limitation period at the legislative level. The subject of the research was the regulatory legal acts, procedural aspects regulating the consequences of missing the statute of limitations in the civil process of the Russian Federation. The work used the method of generalization, dialectical method, logical method, system analysis method, formal legal and comparative legal methods. The scientific novelty of the research is largely due to its subject matter, purpose, objectives and is manifested, first of all, in a comprehensive study of the consequences of missing the statute of limitations in civil proceedings. Elements of novelty are also manifested in the conclusions formulated from the results of the research conducted in the article.

97-103 337
Abstract

The article deals with the legal regulation of the demolition of unauthorized construction objects by the decision of local authorities. The author analyzes the practice of applying paragraph 4 of article 222 of the Civil code of the Russian Federation. The correlation between administrative demolition and the necessity of the legal regime of unauthorized construction objects liberalization indicated in the Concept of development of civil legislation of the Russian Federation is considered. The question of compliance with the constitutional principle of separation of powers in the implementation of the right granted to local self-government bodies to make independent decisions on the demolition of unauthorized buildings is studied. The author studies the development of legal regulation of the demolition of unauthorized construction objects in the administrative order. The criteria for the permissibility of administrative demolition are defined, considering the necessity of promptly eliminating citizens' rights violations and maintaining a balance of private and public interests. The article studies the validity of granting local self-government bodies the right to make decisions on the demolition of unauthorized construction, considering the possibility of recognizing the ownership of the object of unauthorized construction in court. The author formulates proposals for improving the legislation regulating the procedure for local self-government bodies to make decisions on the demolition or bringing into compliance with the established requirements of unauthorized construction objects.

104-113 1523
Abstract

The article examines the correlation between the categories of the method and the way of legal regulation in the measurement of civil law. Based on an analysis of the provisions of legislation and legal doctrine, the author concludes that the idea of a unified method of legal regulation that does not take into account the specifics of specific branches of law and its identification with the category of the way of legal regulation are counterproductive. The priority value belongs not to the way, but to the method of legal regulation, which is a sign of the delimitation of entire branches of law, reflects their essence and determines the vector of development. It is substantiated that, due to the permissible nature of civil law, the system-forming role of the authorizing norms in its structure and content, the civil legal method should be understood differentially as a set of legal regulation way (authorization, prohibition and obligation), a different combination of which (but with the primacy of permission) reflects the specifics of the functioning of the coordination method aimed at establishing and guaranteeing the legal equality of participants in civil relations and ensuring independent value of their will. It is argued that overcoming a number of particular problems requires further study of authorization as a key civilistic way of legal regulation, followed by its normative consolidation as a starting point of civil law.

114-118 1243
Abstract

The article discusses the most pressing issues of countering the shadow economy in Russia through the use of public law methods of influence. The purpose of this work is to identify the most effective methods of countering the shadow economy in the country, as well as to analyze the current situation in the shadow sector and its impact on national welfare. The following methods were used in the work: logical, historical, comparative legal, analytical, statistical and economic, method of economic analysis. The statistical studies were based on data from several official sources to minimize the discrepancy between the study. We have put forward a hypothesis about the negative impact of the shadow sector on the welfare of the country, as the main factor of negative impact on the national economy. The paper analyzes the experience of countering the shadow economy in Russia and in foreign countries, on the basis of which methods of influencing the shadow sector were developed. The scientific novelty of this work lies in the creation by us of practical methods aimed at reducing the share of the shadow economy from Russia's GDP.



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ISSN 2411-118X (Print)