No 4 (2016)
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7-14 529
Abstract
The article is devoted to one of the most urgent and widely discussed topics of present time, the development of small and medium-sized businesses. The author pays attention to modern programs in the field of improvement of legislative regulation in all areas of business activity, as well as innovative projects aimed at supporting entrepreneurs in key industrial sectors and high-tech small businesses. The paper discusses the issues of creation of the most favorable environment for enterprises, the formation of a competitive offer and support infrastructure. Various suggestions for solving problems in business, serving to form Russia's largest leasing centers that have assisted in business development and offers a full range of leasing services. The emphasis is on the provision of modern Russian legislation, which apply new measures, the main focus of which is the implementation of aid to SMEs. The author highlights the subject structure of business, which is complemented by a consumer cooperative, is the only category of non-profit organizations with a legal possibility.
Also a number of draft laws which are under consideration of the State Duma of the Russian Federation. They are of great interest because they are going to fix such terms as "young entrepreneur", "business incubator" and the social enterprise. This article examines the emergence of Russian companies on the world markets and their regulation at the international level in order to implement a successful cooperation in different aspects of business.
Also a number of draft laws which are under consideration of the State Duma of the Russian Federation. They are of great interest because they are going to fix such terms as "young entrepreneur", "business incubator" and the social enterprise. This article examines the emergence of Russian companies on the world markets and their regulation at the international level in order to implement a successful cooperation in different aspects of business.
15-23 490
Abstract
The article is devoted to the historical foundations of legal regulation of the reorganization. The author has been studied the pre-revolutionary legislation in the sphere of organizational and legal transformation of private companies, and the experience of the Soviet period, the general provisions of a modern regulation of the reorganization of legal entities. Key attention is paid to the concept of reorganization, as well as the ratio of the existing forms of transformation of legal entities in different historical periods. Referring to the experience of foreign countries in regulating of the reorganization of legal entities, the author notes that many countries have separate special laws on reorganization. In this context, the article briefly addressed the question of the possibility of adopting such a law in Russia.
24-29 593
Abstract
The search for the most effective political and economic development model for Russia has become extremely relevant to our social science in connection with the refusal of the socialist path of development. This process of refusal continues for nearly quarter of a century, but it's still not accepted to speak that our country has chosen the capitalist path of development. Instead of this it's usually used an euphemism "market economy". However, question on expediency the capitalist path of development has long been questioned by leading representatives of the world's economic, political and intellectual elite. During the annual forums in Davos (Switzerland), it was proposed to use the experience of China, which had achieved outstanding success by combining methods and practices of capitalism and socialism. China clearly shows that, currently, categories such as capitalism and socialism, cease to exist in their pure form. The article discusses the issues associated with the revival of the ideas of convergence, which was advocated by academicians A. I. Saharov and E. М. Primakov in our country. The author analyzes the concrete problems of using a converged model in the Russian Federation.
CIVIL LAW
30-39 339
Abstract
This article focuses on the use of legal guarantees, letters of credit, counter-guarantees, letters of guarantee as an instrument for the fulfillment of obligations with a foreign element. Held difference between the standby letter of credit and conventional documentary credit. Documentary letter of credit beneficiary assumes the obligation to submit the documents in full compliance with the letter of credit conditions. In standby letter of credit beneficiary must submit a document that proves that the order issuer has not complied with its obligation to the beneficiary. Separately considered international legal regulation of relations between the parties of such obligations and the legal status of an independent guarantee under Russian law.
40-44 453
Abstract
This article discusses issues related to the inclusion in Chapter 21 of the Civil Code of a new article 308.3 «Natural obligation». This norm of the natural obligations should contain a definition of the grounds for its emergence and consolidation of the consequences of its implementation provisions. There is still a great variety of conceptual approaches to the understanding, interpretation and identification of the main features characterizing that has adverse effects on the protection of the rights of the parties under these commitments. The paper analyzes the different views, which some authors believe that the natural obligation is not an obligation and represent the actual ratio of non-legal nature, and some experts describe them as «gentlemen's agreement».
45-53 343
Abstract
Independent warranty obligations as a method of execution is widely used in the banking sector. Taking into account the changes in the Civil Code of the Russian Federation, the author reveals the independence of the bank guarantee, referring to the rules governing international bank guarantees. The article explores the structure of a bank guarantee, which consists of a number of transactions. The first agreement between the principal bank guarantee on the principal obligation and the guarantor (the credit institution or other person authorized to release it). The second is to issue a bank guarantee a guarantee in favor of the beneficiary under the monetary obligations of failure on the part of the principal under the main obligation. The bank guarantee must have a certain shape, place of receipt of (performance) a warranty period of independent guarantees and terms of consideration of the beneficiary's requirements. The paper reveals the contents of the guarantee and a contract of guarantee amount to rights and obligations. Given the advances in the bank guarantee the author draws attention to the differences in the reasons for refusal to pay to the beneficiary under the guarantee a certain amount specified in it, and the grounds on which the guarantor is entitled to suspend the payment of a sum of money to the beneficiary. As part of the responsibility for the bank guarantee and the contract of guarantee is maintained the principle of unlimited liability of the guarantor to the beneficiary of the amount by which the guarantee was issued, unless otherwise stipulated in the guarantee. The provisions on liability for independent guarantee Add article 375.1. Civil Code of the Russian Federation for compensation for the beneficiary to the guarantor or the principal losses if certain grounds. It remains debatable question of remeeting the requirement that the beneficiary brings the guarantor even if the principal has to make payment.
54-60 248
Abstract
Russian Constitution and international standards of human rights guarantee the human right to move freely within the territory of the country. Freedom of movement, choice of place of residence is an essential element of individual liberty, the condition of professional and spiritual development. The Russian Federation is a social state should pursue policies that ensure such development. The right to free choice of residence belongs to a citizen from birth, as well as other fundamental rights and freedoms shall be inalienable. However, this right is not absolute and is subject to legal regulation, bearing in mind that its implementation could lead to a violation of the rights and freedoms of other persons, which is inadmissible by virtue of Article 17 (part 3) of the Constitution. However, until recently there was determined the procedure of withdrawal from registration by place of residence of citizens sentenced to deprivation of liberty. Given the existing gap in the legal regulation, the authors consider the issues arising from the implementation of these constitutional rights of persons sentenced to imprisonment.
61-65 252
Abstract
The article investigates the order of governmental registration of rights to property, as well as issues in the communication of information on registered rights to the public, the question of making changes to the registry of rights as a result of termination of the contract on the transfer of immovable property. A procedure for providing information from the Unified Register of rights to immovable property, depending on the use of relevant information purposes. The problem of the probability of realization of the state registration of the transfer of rights under the agreement of sale of real estate at its dissolution by nonimplementation of the agreement unilaterally. Marked avoidance features on the transfer of immovable property, depending on the fact of state registration of real property rights.
66-71 321
Abstract
In work of Prospects of development of the legislation on protection of exclusive rights of theater production directors. In modern theater life one of widely discussed questions of director's business is the question of protection of the intellectual rights of production directors. Numerous disputes are caused by absence in chapter 70 of the Civil code of the Russian Federation of the theater directors copyrights. Presented proposals such as the definition of the legal regime of staging of the performance as a composite work, and the work of a director as the author of compilation work on. This article discusses the problem of protecting the rights of the theater director and the prospects of their legislative decisions.
72-76 585
Abstract
This article discusses the problematic issues associated with the implementation of the category "intellectual property rights" in the modern civil legislation of the Russian Federation. Analyzed the problems of the spirit and the provisions on intellectual rights, are related to tangible and intangible aspects of the issue. In the great attention is paid to the concept of "intellectual property" and conducted comparative legal characteristic. The author makes proposals to improve the legislation in this area. Much attention is paid to qualifying intellectual property rights as a civil rights that require legislative fastening signs of intellectual property rights, uniting them in a separate category.
TAX LAW
77-82 288
Abstract
In the modern civil society the legislation on taxes and fees more susceptible to liberalization, and is an integral part of this process is the increasing use of exemptions for taxes and levies aimed at deepening the differentiation in taxation. Benefits on taxes and duties, as a kind of legal incentives, there are important legal means of achieving the stability of the financial system of the state as a whole, at equilibrium initially given the conflicting public and private interests. In this regard, the author is not claiming, in depth presentation of this issue, once again wanted to draw attention to the necessity of improvement of tax legislation in a substantial part of the fact of the fixing and granting privileges for taxes and duties, and the formal part of the elaboration of the procedural system underlying the provision of benefits on taxes and duties.
83-89 316
Abstract
In the present article an analysis is made of the definition of housing and communal services, is indicated by its role and place in the private criminalistic methods of crime investigation. At the same time, the author emphasizes economic and corruption crimes, where, at times, due to the lack of knowledge in the sphere of housing and communal services, law enforcement officials allowed a number of tactical and forensic errors that eventually leads to a number of negative consequences, reflected in the suspension of criminal cases, and in their termination. This trend in the Russian Federation observed in recent years and stems from the fact that in the scientific world there are only few works devoted to development of private criminalistic methods of crime investigation in the sphere of housing and communal services. Paying attention to it, the author of this article draws the readers ' attention to the importance of the problem and the difficulty faced by investigators when investigating crimes in the sphere of economic activity.
90-96 366
Abstract
In the article reviewed the essence of Incoterms as basic trading terms, the possibility of their application in international trade, exactly the fulfilment of the contracts on sale and purchase. It also analyzes the practice of using Incoterms in the present. In this connection there is the necessity of legal provision of Incoterms with respect to other regulatory legal acts of jurisdiction of the Russian Federation, coordination of these terms with Civil law of the Russian Federation. In addition, there are some groups of terms from the point of view of balance of risks between the seller and the buyer, and the benefits of the contract for a certain party. The conclusion is that Incoterms play the great role in the field of foreign economic relations as a universal set of basic terms.
ISSN 2411-118X (Print)