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ECONOMICS. LAW. SOCIETY

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No 1 (2017)
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6-16 285
Abstract

The article raises a very relevant issue of present time – the access to justice for people in remote areas of the Russian Federation. The process of "optimization" implemented everywhere, and touched on this area too – incorporation of a few small courts in one or joining of the small court with the bigger one. Through the example of some countries (the system of courts of «trivial claims» in the United States, courts of elders in Kyrgyzstan, etc.), as well as retrospective analysis of pre-revolutionary and the Soviet experience (rural courts, comrades' court), the author demonstrates the possible solutions to the problem of access to justice in remote rural settlements.

The author proves the necessity of creation of essentially new judiciary intended for resolution of minor disputes, cases of litigation in remote rural areas, which usually remain latent and do not reach the world of justice. And also the author suggests a model of such a judiciary, including its jurisdictional, procedural-procedural and judicial-status constituents.

17-22 263
Abstract
In the context of the rapidly developing integration processes in the world, including in the Eurasian space, the cooperation of states in scientific and educational spheres becomes extremely important. The article presents a retrospective analysis of the scientific cooperation of the Eurasian countries in the second half of the twentieth century and at the current stage. Special attention is paid to cooperation between Russian Federation and Republic of Belarus within the Union State of Belarus and Russia. The author notes that the scientific cooperation of these countries operates at different levels – within the framework of the Russian-Belarusian Commission on scientific-technical cooperation, joint sessions of the Presidiums of the Academies of Sciences, the InterAcademy Council for the development of the Union State, the joint collegiums of the State Committee on science and technology of the Republic of Belarus and the Ministry of education and science of the Russian Federation. Undoubtedly, the experience of cooperation of Russia and Belarus in scientific-educational sphere is relevant and timely, as it will allow for the development of efficient mechanisms of legal harmonization in scientific and educational sphere and to create given the appropriate models of scientific and educational cooperation in the Eurasian space.
23-29 478
Abstract
The article discusses the using of the antonym logic in the calculations of commercial effectiveness of investment projects. The author has developed a methodology for general risk assessment of the investment project and on the base of this methodology the author has developed software in Microsoft Visual Studio 2010 environment. This created program allows choosing the investment project with the highest degree of investment attractiveness, getting a report at a preliminary stage of investment projects evaluation, as well as making a decision without involving any programmers. Such assessment of the quality of the investment project will be complex, as it will allow to optimize not only the values of the project parameters, but also to optimize the risks associated with the project and to choose the most attractive project.
30-34 1224
Abstract
The development of small and medium-sized entrepreneurship is a strategic factor for sustainable development of the state economy. State support is one of the priority directions for development of small and medium-sized entrepreneurship. Despite progress in the development of the sector of small and medium-sized businesses, there is a need for action in order to resolve current issues. The field of activity of the entrepreneurship in the Russian Federation should become an attractive, prestigious and available to citizens. This article discusses the current problems that imply difficulties for the development of small and medium-sized entrepreneurship, and offers solutions to resolve the problems at the legislative level.

COMPARATIVE LAW

35-39 305
Abstract
Anglo-Saxon legal family comprises about 50 legal systems (UK, USA, Canada, Australia, New Zealand, India, Nigeria, etc.). The prevalence of the Anglo-Saxon legal traditions is due to the historical factor: the UK has carried out a massive colonial expansion that accompanied the introduction of private law and its observance became obligatory. The colonization of the American continent began in the XVI century. Spain and Portugal controlled the southern continent; the northern part was occupied by Dutch, English, French and Spanish settlers. Each group of settlers brought their own culture and legal institutions. In this article the author examines their influence on formation of legal system of the United States. The legal system of the USA has much in common with English due to the fact that on the territory of States since their establishment and gathering the English laws and norms of English common law were acting. In the article the author describes the process of drawing the main political and legal institutions, as well as further processes of refusal to follow an outdated common law rules and establishing its own schools of law, the development of their own legal thoughts.
40-46 334
Abstract
The article explores the features of the mandatory offer as a necessary element of participation by the majority shareholders upon redemption of shares from minority shareholders under modern conditions. The essence and functions of the mandatory offer. Given the practical feature of the possibility of coercion of new shareholders to the direction of mandatory sentences and their liability for failure to perform his duties. Analyzed commentary bill N 1117569-66 (submitted to the Duma 05.07.2016), which exempts public companies to make a mandatory offer when buying more than 30% of shares of public companies. Considered the institution of mandatory sentences in transactions of mergers and acquisitions in foreign legal systems (disclosed in the European and American approaches to the protection of shareholders). On the basis of the foreign experience and the comments, made conclusions about the prospects for the development of mandatory institute in Russia.
47-54 598
Abstract
This article examines the issues of methods of protection of the legitimate rights and interests of minority shareholders of joint-stock companies in the Russian Federation. In the modern joint-stock companies there is the problem of the imbalance of the rights and interests of shareholders, namely minority shareholders, rights and interests which are very often are limited and violated. The legislation in many countries, including the Russian Federation, is directed on protection of the rights and interests of this category of persons. Particular attention is paid to protection of rights and interests of minority shareholders. The article is submitted for discussion the thesis that the balance of interests between minority shareholders and majority shareholders has to be considered. This thesis was determined by the fact that the non-observance of this balance can lead to various negative consequences for the company, and it was noted that the protection of minority shareholder rights is aimed at creating favorable conditions for the development of the company and the improvement of economic relations between the founders and joint-stock companies. This article is devoted to the comparative analysis of the provisions of the law relating to the protection of the rights of minority shareholders in Russia and some common law countries (UK). Also it discusses the specific rights granted by law to holders of certain shares of the company and considered some possibilities of further improvement of legislation in the sphere of ensuring rights of minority shareholders.
55-61 489
Abstract
Existing distrust in the society and the of existing financial and business instruments, the instability of entrepreneurship and the banking sector, the development of globalization, more and more functional minimizing the possibility of a separate state formations, the rapid development of electronic сommerce, the growth of migration and professional mobility objectively determine the development of innovative techniques and digital technologies aimed at simplifying and speeding up procedures of interaction between consumers and suppliers of goods (works, services), requiring, in turn, to improve legal provision for this kind of interaction in modern conditions of economy sharing. The paper presents the results of research of features of legal maintenance of the blockchain technology used in payment systems, the main directions of possible application of this type of technologies in the field of migration, educational regulation and future legal support in the field of physical culture and sport, health and legal services.

CIVIL LAW

62-69 281
Abstract
The article analyzes the mechanisms of protection of the rights of participants of the reorganized legal entity in accordance with the latest legislation. The author has made a comparative analysis of domestic and foreign laws aimed at right protecting of this category of subjects, and have come to two main conclusions. In particular, the author proposed to maintain the approach of the domestic legislator that a decision on the recognition of the reorganization failure should be a measure of last resort. However, in order to avoid extended judicial discretion in addressing such an important issue it is advisable to establish a closed list of "failed" reorganization grounds. In addition, analyzing the European practice of corporate law, the author comes to conclusion about whether substantial changes to article 60.1 of the Civil Code, which regulates the effects of the recognition of the decision on reorganization as invalid.
70-77 376
Abstract
The article is devoted to the study of the correlation of the categories has its «self-will» and «interest», which is enshrined as a principle of Russian civil legislation. The author examines the psychological and legal aspects of concepts of will and interest, and their appropriate legal support. Great attention in the article is paid to the question of the capacity of the person and determination of the existence of the will itself of someone, not in the specific case, but in principle. The work also raises the question of will capability in respect of sanity determination, and mentions that the absence or defect of the will is a sufficient basis for establishing insanity. The author suggests the definition of the legal interest, it is a legal relations arising between the participants of public relations on the basis of the initiative shown by one against another, having as its content the coherence of the subject, pending a favorable legal consequence of their own legal initiatives.
78-83 339
Abstract
Lately law on enforcement proceeding gets an incredibly increased attention. The Federal Law N 229-FZ of 02.10.2007 "On enforcement proceedings" is in constant development and improvement. The issue of execution of the writ obligatory requirements by the debtors continually evaluated by scientists from the science and legal practitioners. After introduction of the new Federal Law N 229 of 2007 the new executive action was enshrined – limiting the debtor's right to travel outside the Russian Federation by the judicial bailiff – executor. Specified executive action is a security measure for fast, efficient execution by the debtor of requirements of the writ. This article analyzes the practical application by the judicial bailiff – executor of the specified enforcement actions, and proposes provisions to improve the legislation in this part.
84-88 257
Abstract
The article deals with the problem of the right to appeal to the Court of Arbitration with the question of recognition of a citizen as bankrupt. Include categories of persons in respect of which raises the question of recognition of their bankruptcy. Examples of judicial practice and highlights the interpretation of the application of the Law on bankruptcy, in accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation from 13.10.2015 N 4. The conclusion is that the status of the individual businessman as head of KFH is essential to allow the use of the latest provisions of the Bankruptcy citizens, because it is decisive in determining which provisions of the law to be applied in the event of insolvency of the individual entrepreneur. In this study indicated that if on the side of the citizen – the debtor has outstanding obligations from credit relations, the creditor may apply to the court for recognition of the citizen as bankrupt.

CRIMINAL LAW AND PROCEDURE

89-95 280
Abstract
The article presents a legal analysis of the provisions of Chapter 32.1 of the Criminal Procedure Code of the Russian Federation ("the Inquiry in an abbreviated form"), which regulates one of the circumstances excluding manufacture of inquiry in abbreviated form – there are objections against the victim of the inquiry in abbreviated form. Analyzed international legal acts, regulatory legal acts of the Prosecutor General of the Russian Federation, the legal position of the Supreme Court of the Russian Federation concerning the issues under consideration. Based on the analysis of criminal procedure legislation regulating the manufacture of inquiry in abbreviated form, as well as the legal position of victims in criminal proceedings, the authors proposed to improve the current Criminal procedure code of the Russian Federation regulating the legal status of the victim in the manufacture of inquiry in abbreviated form, the proposed new version of article 226.2 of the Criminal procedure code of the Russian Federation ("the Circumstances excluding manufacture of inquiry in abbreviated form").
96-102 1062
Abstract
Legal nihilism is considered in this article as a natural process of life of a society in the transition stage of development. The author characterizes and identifies the basic prerequisites for the formation of the phenomenon of low legal culture. Examines the causes and consequences of legal nihilism on the example of corruption; discusses the need to develop the methods to prevent the development of considered social processes. Also there is a figure of public prosecutor as the high-class specialist, the person who able to support the fight against legal nihilism and manifestations of low legal culture. The methodology for improving the state policy is proposed in present article. The author determines the necessity for the development of not only theoretical base but also practical techniques that can solve the current problems.


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ISSN 2411-118X (Print)