COMPARATIVE LAW
The article defines the main provisions, the role, significance and nature of the theory of socio-political and legal responsibility of business in the system of Western ideology and political science. The author examines various periods of its formation, development and distribution, the relationship with traditional Western concepts, including the theory of the corporate state. The article presents the main types of the theory of corporate responsibility, such as: classical (traditional) and modern (managerial), complete and limited, internal and external, general and private, legal and compensatory theories of social and political responsibility of business, including other less significant varieties of the theory of socio-political and legal responsibility of business in Western sociological and political science literature, as well as the forms and methods of application of this theory. The author formulates the main goals and purpose of the social and political responsibility of business and addresses the issues of expanding the socio-political power of big business. The research methodology is based on the analysis and comparison of the opinions of various Western sociologists and political scientists on the theory of the socio-political and legal responsibility of business, considering the purpose of this theory from different sides.
In the presented article, the author identified the main directions and conceptual approaches in the field of legal enforcement for the proper functioning of the system for determining social creditworthiness under the laws of the People’s Republic of China, positive opportunities and prospects for its implementation, as well as legal optimization of regulatory measures aimed at reducing risks that arise and сould arise in the future, which may entail a violation of the rights of the individual, especially the right to protection of personnel data. The research methodology is based on defining and specifying violations taken into account when determining the current social rating of citizens, in their direct connection with the protection of the rights and legally protected interests of the individual. The scientific novelty of the research is determined by the author's proposals aimed at improving the legal support of the social rating considered in the work in relation to the current Chinese legislation, as well as to the legislative regulation of similar types of ratings in other countries that have introduced elements of such a system and continue their further development. The author comes to the conclusion that an objective need to investigate in more detail the basis of the legal support of this social rating system in cooperation with human rights, as well as combating corruption and acts of terrorism, other crimes and crime prevention arises.
This article examines the main reasons for the development and implementation of the General Data Protection Regulation (GDPR) of the European Union, which replaced the EU Data Protection Directive 95/46 adopted in 1995. In this article authors defined the relevance of the application of these regulations in the Russian practice. The methodology of the work is based on a comparative analysis of the GDPR and the Federal Law No. 152 “On personal data”, due to which conclusions about the general features and differences of the main provisions were made. The scientific novelty of the study is determined by the authors' proposals aimed at improving the legislation regulating the problems of protection and processing of personal data. The possibility of applying the provisions of the GDPR is considered on specific examples, which made it possible to identify certain criteria that show that the organization’s activities are carried out in the scope of the GDPR. In conclusion, five stages of introducing the principles of GDPR into the organization’s activities are proposed for the most efficient work with data and compliance with legislation. Also, some controversial decisions related to the processing of personal data in Russian and foreign practice were considered on the example of such organizations as VKontakte, Facebook, Google, ICANN and EPAG.
CIVIL LAW
This article is devoted to the study of the legal forms of commercial entities transformation under the provisions of Companies Act 2006, which play the role of the model for the company law development in former British colonies and some continental law jurisdictions. Also, this research pays attention to such typical continental law jurisdiction as Spain, where legal regime of commercial entities moves towards to the unification. The authors analyzed the main acts regulating the creation and reorganization of legal entities, their status issues in the UK and Spain. The authors also considered the introduction of indemnity institutions, the estoppel principle, the escrow account agreement institutions and the option agreement as an example of the Anglo-Saxon law diffusion into Russian civil legislation. The authors reviewed the civil liability of legal entities who are liable with their own property for obligations arising from the activities of its bodies and representatives. The authors also came to the conclusion that the merger of commercial companies under Spanish law cannot be considered as a transformation, since it is possible only between commercial companies whose legal regime is unified.
This article discusses the peculiarities of inheritance of property using the civil law novelty – a hereditary contract based on the provisions of the Federal Law N 217-FZ ‘On amending article 256 of Part I and Part III of the Russian Civil Code’ dated 19 July 2018. The authors carry out a comparative analysis with known mechanisms for disposing of hereditary property (wills), as well as a life-term maintenance contract with a dependent, investigating the effect of inheritance contracts on the stability of inheritance relations in a family. In the article, the authors consider the advantages of a new form of contractual relations, simultaneously serving as a new type of basis for inheritance, along with a will and inheritance under the law, as well as possible legal risks, primarily related to the testator’s refusal from such a contract. Also, the authors note that only the notarial form is possible and neither equated to notarial, nor closed or simple written forms as with an emergency testament are unacceptable. In addition, the duties of a notary include a video recording of the procedure for concluding a hereditary contract.
The article conducts a systematic and in-depth analysis of the institution of representation in Russian civil law, the regulatory legal acts governing legal relations, both related to the representation and forming the legal framework for creating and presenting documents or acts that authorize other persons to perform representative functions in interests of relevant citizens, legal entities and public authorities. The authors apply such general scientific methods as analysis, synthesis, comparison, deduction, as well as a number of private scientific methods: analysis of theoretical and regulatory sources; comparison; generalization; document analysis; logical method; system analysis method; historical method; method of technical and legal analysis, etc. In this paper, not only the necessary legal acts, decisions of judicial practice, but also extensive theoretical material of legal scholars are considered. The result of this article was reasonable and specific proposals for amending the regulatory framework of the Russian Federation in order to improve legislation. These proposals have value not only from the point of view of the theory and science of civil law, but also the practice of law enforcement.
In the article, the author identifies the main approaches to the modern perception of the philosophical and legal category of security, carried out at the level of public consciousness, on the basis of considering the opinions of domestic researchers, analyzed the legal nature of security as an intangible benefit, and formulated proposals for improving Russian civil legislation. The relevance of this article is determined by the identification opportunities identified by the author, in particular, educational organizations, students, their parents (legal representatives), as well as persons cooperating with such organizations on the basis of an employment or civil law contract to the subjects of non-material possession. -alial benefits and at the same time to the subjects of ensuring security in general and ensuring security in terms of the protection of tangible and, importantly, intangible benefits including. This approach allows us to determine that the listed subjects of educational activity can simultaneously act as subjects of possessing intangible benefits and objects of protection of such goods and ensuring security from adverse influences on a wide range of issues, which is provided by the essence of the concept of "security".
The article discusses the historical, ethno-cultural and legal aspects of a contract of employment in the construction of housing for people living in the territory of the Republic of Mordovia, in particular Mordovins, Russians and Tatars. The article is based on the materials published and collected by the author during ethnographic expeditions in remote areas of Mordovia. The study of this issue is carried out by the author in chronological order and covers the second half of the XIX century and ends at the current period. The peculiarity of mutual aid, especially in the period of economic stagnation of the village lifestyle, complicated by a rather difficult demographic situation, as well as continued urbanization, lies in the fact that it formed a whole complex of moral and ethical values and rules of behavior among the peoples of Mordovia, and interpersonal contractual relations became a lifebuoy for villagers and reliable point of support. This is an alternative form of legal regulation, consisting in the selection of acceptable and customary means of solving problems, as well as compensation for the absence of more preferable and effective methods of everyday life-regulating, including those related to construction.
LAND LAW
The article depicts the problems faced by citizens of the Russian Federation-participants of the program «on dacha amnesty» associated with the violation of their rights in equal access to basic services. Protection of the rights and freedoms of citizens is the basis of the existence of any democratic state, so it is very important to ensure not only the uninterrupted performance of citizens' duties related to the implementation of the right to property of land, but also the state support of citizens in the implementation of citizens` real rights. Examples of realization of such real rights can be obtaining by citizens – owners of the land plots, and also the objects of individual housing construction situated on them: cadastral and mail addresses, the registration mark in the residence, access to the main types of energy resources necessary for ensuring normal living conditions. In order to solve the above problems, it is proposed to put the activities of the Board of horticultural non-profit Association under the control of municipal authorities, which will resolve the often-arising conflicts between the members of such Association connected with the establishment of extremely high tariffs for services and, accordingly, the increase in the amount of targeted contributions.
The article attempts to analyze the most important issues and current problems arising in the application of a bank guarantee and surety. The purpose of the study is to solve the following scientific problems: analysis of the genesis of legal relations arising in the field of legal regulation of the institution of surety and bank guarantee in the legislation and law enforcement practice of the Russian Federation; a study of the regulation of these methods of securing a transaction in modern Russian law, including the specifics of the legal status of subjects; the characteristics of the application of these methods in the field of public procurement; analysis of relevant materials of judicial practice and the formation of proposals aimed at improving the legislation governing the surety and the bank guarantee. The author pays attention to the cases of issuing forged documents in this area, and also considers a case of conflict of the rules in the provisions of the Civil Code of the Russian Federation and the Law No. 395-FZ “On Banks and Banking Activities”, which will contribute to the risk of material losses, non-execution of a state (municipal) contract.
The article is devoted to the current issue concerning the development of a new edition of Incoterms delivery bases, which should be published and officially come into force in 2020. This edition will be the ninth edition of the international commercial terms in the account. Analyzing the proposals of both domestic and Western experts, the author comes to the conclusion that it is necessary to make a number of improvements concerning both the creation of new terms and the removal of bases that have lost their relevance. The article also discusses the main problems caused by a number of shortcomings of the latest edition on the present day. Thus, many contractors include in the terms of the contract modified terms, the meaning of which may differ from the official interpretation, and also be not clear to the parties to the contract. Moreover, there are still many disputes about the scope of insurance, which is obliged to provide some bases. Due to the large number of Incoterms editions and insufficient level of information to participants in international trade, a number of counterparties incorrectly choose a term that can make the terms of the contract enslaving to one of the parties.
The article discusses some problems of the legal regulation of investment activities in the Russian Federation. The author points to the complex nature of investment relations and the need to take this factor into account in order to develop investment legislation. The article reflects the issues of state regulation of investment activities, addresses the actual problems of improving the forms and methods of state regulation in this area. The article contains proposals for the further development of sources of the legal regulation of investment activities in the framework of the digitization process of the Russian economy. The author of the article expresses a position on the concept of investment and investment activity. The disadvantages of the current investment legislation according to the author of the article, negatively affect the development of the investment process as a whole in Russia. The author reflected the position regarding the development of venture investments in the Russian Federation, stressed the role of technology parks, business incubators in supporting innovative projects. The article highlights the value of contractual structures for investment activities, notes the advantages of concession agreements. The author also comes to the conclusion that it is necessary to expand the participation of representatives of the business community in the preparation of public authorities decisions related to the regulation of the innovation sphere.
This article is devoted to the analysis of central bank (CB) activities’ interdependence. This interdependence is caused not only by the influence of the international financial system’s conditions on CB activities, but also by some CBs actions’ influence on the monetary policy conduct in other countries. Accordingly, there is a need to explore a new legal field in international monetary law – international monetary policy conducts. This field also requires the adoption of practical measures by the international community, or rather, the creation of both general rules for the conduct of monetary policy by central banks and rules of their interaction at the intergovernmental level. In view of this, the article uses the deductive method for the research. The existence of an international monetary policy and the absence of its comprehension, as well as the formation of a legal framework, requires the development of a concept for regulating this sphere. The author concludes that the rules for the implementation of international monetary policy can find a balance between the independence of the CB in the conduct of monetary policy on the one hand, and creating conditions for preventing destabilization of the global financial system on the other, through the harmonization of legal and monetary regimes within national jurisdiction.
In this article, the author attempts to address some issues related to the implementation of the policy of economic and social development of Mongolia. Sustainable development of the territory of modern states is one of the key challenges facing humanity today. Mongolia is a unique country with a distinctive culture, history and socioeconomic specifics of development. Sustainable development of the country's territory requires active measures by the state apparatus, as well as the implementation of a coherent and effective policy of maintaining balanced development, taking into account the main directions of sustainability: the economy, the social sphere and the preservation of the environment. The author rightly agrees that, according to the World Conservation Strategy, the sustainable development is the one, which “provides a real improvement in the quality of life of people and at the same time preserves the natural diversity of the Earth”. Due to the commitment to the balance of key components the country can further develop and prosper, improving the well-being of its population while preserving the environment for future generations. The article raises issues of transition of Mongolia to sustainable development, identified a number of documents, evaluated their implementation, made the author's conclusions and made recommendations on this issue.
Currently, due to the high level of competition in the business environment, firms are forced to improve the quantitative and qualitative indicators of their activities, which requires additional financial resources. One of the main sources of funding the organizations is investment. With the use of investment funds, enterprises introduce innovative technologies into their production activities, expand the product range, and increase production volumes. This article is devoted to the analysis of ways to increase the investment attractiveness of the enterprise in modern conditions. The company, by taking into account external factors of investment attractiveness and impact on domestic, needs to optimize this indicator, and the state should create all the necessary conditions for the effective functioning of market mechanisms, which will increase the competitiveness of the entire economy. At present, there is no uniform methodology for assessing the investment attractiveness of a company, which would contain a generally accepted list of indicators, and would unambiguously characterize the results obtained. The advantage of the valuation method proposed in this article is an integrated approach to the study of the investment attractiveness of an enterprise, taking into account both internal and environmental factors.