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ECONOMICS. LAW. SOCIETY

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No 3 (2017)
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COMPARATIVE LAW

6-12 401
Abstract
The article is devoted to fundamental problems of establishment of the rule of law and democracy in the CIS countries after the collapse of the USSR. In this article the author based on retrospective analysis reviews political and legal as well as socio-economic factors which are slowing down formation of the rule of law state in the former soviet republics. Amongst other things, the article reveals lacunas in genesis of Montesquieu’s doctrine of separation of powers discovered in the course of the evolution of government management mechanism and development of democratic institutions over the past centuries. Taking the abovementioned into account, the idea highlighting the expediency to develop a new doctrine which could be provisory called as "The tree of power and its branches ruling the state" is presented to the reader’s judgment. Concept of this doctrine is proposed to be worked out based on the principle of indivisibility of supreme authority.
13-19 252
Abstract
For many years Russian scientists have studied the issues of effective territorial regulation, along with the direction of legal thought on the place of the state in the development of regions, its approaches to solving their economic, social and political problems, as well as interaction with other regions, including for resolving objective contradictions between subjects of the federation. In the author's opinion, the most important of them are procedural and technological issues of regional policy, as well as legal, organizational and other mechanisms and procedures for influencing regional development. The idea that Russia can benefit from the experience of foreign countries on this issue is also important, but on the condition that all economic, territorial, geopolitical and social features of our country as a whole and of each subject of the federation will be taken into account separately, which will help to realize the potential existing in the regions, to increase the national capital of the Russian Federation and the standard of living of the population.
20-27 242
Abstract
The article deals with the problematic issue of the real role of the staff legal adviser of the entrepreneurial companies in modern Russia. The author raises the issue of the absence of legislative consolidation of the in-house counsel status. After analyzing the current legislation, the author comes to two main conclusions. In particular, the mission of in-house counsel may consist in seeking to ensure that an economic entity obtains legitimate means of large revenues, or the foreground is the desire of in-house counsel to ensure compliance with the law and order in the internal and external activities of this entity. The author notes the absence of the section on preparation for legal work, during the training of lawyers in high school, in the modern course of business law. The author, emphasizing the legal blurriness and uncertainty of the in-house counsel status, comes to the conclusion that the legal relationship with the employer and with the supervisory bodies has a negative impact on the professional relationship of inhouse counsel, which in turn affects the evaluation of the attractiveness of the position of in-house counsel of the business structure in the eyes student-lawyer. In addition, after analyzing the current legislation on the legal department (General Counsel, in-house counsel), the author comes to the conclusion that it is necessary, through scientific research, to determine whether the legal counsel is performing publicly legal tasks, which may lead to the need to develop an appropriate legislative act.
28-33 354
Abstract
In the course of the formation of the system of Russian law, its qualitative development and expansion, system-forming, basic (fundamental) and derivative branches of law began to stand out. The history of scientific controversy about the system of branches of law testifies to the lack of uniformity in the subject matter under discussion, about the multitude of disputes concerning the criteria defining the branch of law and allowing it to be differentiated from similar in nature and subject of regulated relations. These circumstances have become the basis for proving the independence of the "newly emerging" branches of law, including economic, corporate and energy law. The author offers his own approach to assessing the content of the subject matter of these branches of law and their place in the system of branches of law, gives an analysis of each of the above concepts, and also pays much attention to the issue associated with the emergence of "new" branches of law.
34-39 406
Abstract
Relations related to economic activity in the energy sector were and still are one of the most pressing topics for discussion of Russian analysts, economists, and legal scholars. In this paper, the author reveals the basic concepts related to economic activity in the energy sector of the economy, emphasizes the importance of having a comprehensive, comprehensive and systemic legal framework that facilitates effective legal regulation of relations in areas related to the use of energy resources in the fuel and energy sector. A special place is given to defining the concepts and essence of modern energy resources, their efficiency and energy intensity, as well as their place in the legislation of the Russian Federation. The author considers it important to emphasize the multifaceted nature of the term of economic activity, to note the diversity of its forms in various spheres of entrepreneurial activity in certain energy sectors of the economy. For a more complete immersion in the solution of this issue, an in-depth analysis of the specifics of economic activity in the energy sector is given, the need to create a comprehensive legal framework for regulating issues related to the geological study and extraction of certain types of energy resources, their subsequent processing, transportation and realization.

CIVIL LAW

40-46 348
Abstract
The article describes the foundation of the accountability of the sole executive body in the society. The approaches to understanding of essence of the legal entity. Revealed the fundamental principles of the Manager of the company, reflected in its good faith and reasonable conduct and to award damages to society in case of their violation. Given law enforcement practice in the recovery of damages from the head of the society and made its practical analysis. Considered amendments to the article of the Civil code relating to the prosecution of the persons having the actual ability to determine actions of a legal entity. Shared conclusions and the comments regarding the institution.
47-56 2400
Abstract
The article analyses topical issues concerning land rights in The Russian Federation. The legal institutes regulating this sphere are described. The comment to outdated institutes of legal regulation is given. Authors go deep into Roman Law; they consider from the point of view of Roman Law such concepts as "Usufruct", "Servitude", "Superficies". Categories of lands, target use of lands, the bases of their establishment and legal regulation are also considered. Specific problems of the abovementioned things are given, perspective pluses and minuses are described. The article carries out the analysis of the Concept of development of the civil legislation of the Russian Federation dated 07.10.2009 and the Federal Law draft N 47538-6, the legal treatment of these documents, theoretical assumptions concerning further application of these acts are given. Authors answer such questions as whether are there contradictions in these acts; whether are they necessary in modern realities; what questions do they regulate. At its end, the article draws an independent conclusion on land rights and gives a certain forecast for the legal regulation of corresponding relations in the future.
57-63 392
Abstract
Nowadays a mortgage lending is an important factor contributing to the development of the economy of our country and all over the world. The performance of the obligations related to security of real estate is one of the tools that help to ensure a well-functioning economic and financial system of any country. Mortgage lending is used as a means of securing obligations of the mortgaged property, which is an additional guarantee of protection of rights and legitimate interests of citizens. The task of providing its citizens with housing available at a price and method of acquisition, and is still a for any country one of the determining factors of its social policy. However, today this area remains open the whole package. Many problems arising in the housing mortgage lending, the mortgage of the apartments, remain unexplored or controversial.
64-71 543
Abstract
This article examines the federal program "Mother (family) capital" as an additional measure of state support for Russian families with two or more children. The topic is topical, since at the present stage of implementation it raises doubts about the appropriateness due to the deficit of the state budget. In order to solve this and other problems, a sociological and legal study was carried out of the data concerning the federal program "Mother (Family) Capital", which unequivocally made it clear: this additional measure of state support helped overcome the demographic crisis in Russia since 2007 and continues Favorably influence its demographic situation. At the same time, the legislator is invited to send "mother (family) capital" to improve the family's well-being in accordance with the current economic, legal and social indicators in the country.

ГРАЖДАНСКИЙ И АРБИТРАЖНЫЙ ПРОЦЕСС

72-78 625
Abstract

International commercial arbitration in the globalization era has established itself as a reliable method for the resolution of commercial disputes, complicated by a foreign element. It is today an effective tool to resolve issues, which is a special structure of the private resolution of private disputes in which there are foreign actors and arising in the implementation of the international economic activities.

International commercial arbitration is the arbitration court, a permanent or specially created in each case, whose main purpose is the consideration and resolution of the merits of international commercial disputes in a certain procedural form by passing binding on the disputing parties of the decision.

In the present work to be carried out the right analysis which was carried out on the basis of legal norms of national and international law, scientific works devoted to international commercial arbitration. The main conclusions formed on the basis of provisions of national law on commercial arbitration, the regulations of the most well-known international arbitrations, materials of scientific conferences, open documents of some international organizations. The purpose of this study is a comprehensive review of the Institute in international commercial arbitration, not only in Russia but also in foreign countries.

79-86 266
Abstract
This article considers the history of the establishment of the institution of mediation in Russia and its future prospects in Russian law. The effectiveness of the institution of mediation is indisputable, because the peaceful resolution of clashes and disputes in business and private life, taking away enormous amounts of money and time from both sides. This peaceful way of settling disputes recognized by the world practice as the most acceptable and civilized way of resolving conflict situations. In Russia, in 2010, Federal Law No. 193 "On an Alternative Procedure for the Settlement of Disputes with the Participation of an Intermediary (Mediation Procedure)" was adopted, but a number of gaps remain to this day. What is needed to spread the institution of mediation in Russian legal practice? What problems exist in the current Federal Law? We will try to find the answer in these articles.
87-91 334
Abstract
In this article the author determines the goals and objectives that make it possible to increase the effectiveness of introducing innovative approaches in the activities of educational institutions and the education system as a whole, reveals the concepts of innovation, education, education and pedagogy, reflects on the current problems of introducing innovations in the modern educational system of the Russian Federation and countries post-Soviet space, and also by various ways of their solution. Particular emphasis is placed on improving the legislation regulating the provision of educational services, as well as overcoming existing institutional and theoretical-methodological problems. The problems of integrating innovations into existing pedagogical technologies, namely the clash of the existing, traditional training order with modern views on the educational process, are separately examined. The author emphasizes that an important element of the pedagogical system is the figure of the teacher as the direct knowledge carrier, the level of his professional pre-training and openness to the perception of new, innovative views on education.

FAMILY LAW

92-97 390
Abstract
In this article the authors consider a child's right to a name in a broad sense, including his own name and surname. The main attention is paid to the novels of the Federal Law 01.05.2017 N 94-FZ "On Amending Article 58 of the Family Code of the Russian Federation and Article 18 of the Federal Law" On Civil Status Acts "on the requirements for the name of the child when registering his birth and the possibility of assigning a double surname to the child with different parents' surnames. Taking into account the foreign experience and the practice of the European Court of Human Rights, there are problems of finding a reasonable balance between the interests of the child, his parents and society in determining the name and surname of the child at his birth. The conclusion is made that the attempt to solve the problems of realization of the right of the child to a worthy name in Russia by the above-mentioned law is quite universal and would make it possible to guide certain issues for other countries and harmonize legislation in the Eurasian Economic Union.
98-103 501
Abstract
In this article the author analyzes topical issues emerging during the application of the procedure of entering into a contract pursuant to the Federal Law dated April 5, 2013 No. 44-FZ “On the Contract System in the Sphere of Purchases of Goods, Works, and Services for Meeting State and Municipal Needs”, and the contents thereof. The law itself was adopted with the aim of improving the quality of municipal and state needs by implementing a systematic approach to the formation, execution and placement of municipal and state contracts, ensuring transparency of the procurement cycle, increasing competition in the procurement of regulated entities of this Law, preventing corruption and other abuses, since, today the participants of the procurement are presented with common general and additional requirements. The author also examines legislative provisions with proven jurisprudence, recent changes in legislation on scheduling plans and the specifics of contracting from a single supplier, etc.
104-110 255
Abstract
Competition encourages technical progress, contributes to the development of the economy. A lot of problems in Russia's antimonopoly policy arise because of the inadequate elaboration of legal materials and other official rules concerning monopolies. The forms of unfair competition, fixed in Federal Law No. 135-FZ of July 26, 2006, do not currently cover all cases in practice. The ways of unfair competition are improved every year, so it is difficult to identify the fact of committing this offense. The Russian antimonopoly legislation does not correspond to the international acts ratified in our country. The actions of an economic entity often do not fall under the definition of unfair competition under Law No. 135-FZ, however, they can be recognized as such under the Convention for the Protection of Industrial Property of 1883. The concept of unfair competition is now unlimited. Any unlawful act of an economic entity can be regarded as an act of unfair competition, as it can contribute to the entity's advantage in the market and cause losses to the opponent. Russian society continues to learn from the experience of foreign companies that have the principle: "You can not beat a competitor with prices and quality – ruin it». This leads to the fact that competition starts, unfair competition.
111-117 358
Abstract
This article considers the current problems of the legalization of euthanasia. The author conducts the analysis of practice of application of euthanasia and legal regulation of euthanasia in Russia and foreign countries. Currently, there are many approaches to assessing euthanasia in terms of law in the world. From the jurisprudence on the issue of euthanasia, the key point is the question of the necessity of legal consolidation of this procedure, and formulate a precise algorithm in the case that this issue will be legally permitted currently, passive euthanasia is permitted in more than 40 countries. The only country where (under strict conditions) decriminalized euthanasia is the Netherlands. In other foreign countries, euthanasia is prohibited under threat of criminal punishment. In the criminal-legal sphere of the Russian Federation, as well as in European countries, the problem of a successful legal assessment of euthanasia, that is, causing death to an incurably patient by the motive of compassion, is constantly raised. The conclusion is that a clear view of the problem the legalization of euthanasia, the world community has not yet developed, but the analysis of Russian and foreign experience enables to choose the appropriate way to address this problem in our country, taking into account national traditions and ethical norms.
118-125 413
Abstract
Today food safety is one of the most important components of national security of any state. In connection with the worsening geopolitical situation, the problem of security of the Russian Federation population with food products is extremely important and requires actions on the part of the state. This article describes the dynamics of production in the domestic agriculture and processing industries, defined according to the actual level of food consumption to the rational consumption norms. Using the index approach, there is a level of security of the population with basic foodstuffs and the impact of the implementation of the economic strategy of import substitution at this level. On the basis of the analysis identified the main threats to food security of the Russian Federation and proposed measures for their elimination. Special attention is paid to the problem of food quality, presents possible measures to increase the efficiency of use of budgetary funds by the farmers.


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ISSN 2411-118X (Print)