TOPICAL PROBLEMS OF HISTORY OF STATE AND LAW
Reference:
Potapov, M.G.
History of the phenomena of regional law of the Ancient World
// Actual problems of Russian law.
2013. ¹ 2.
P. 113-117.
URL: https://en.nbpublish.com/library_read_article.php?id=62356
Abstract:
The article presents brief scientific analysis and conclusions on the history of the phenomena of regional
law, which were expressed in the unions of state-like formations of Antiquity. Normative regulators of
the polices, city states and their unions at the times of Antiquity gained qualities, elements and specific features
of regional and federal elements of federations (confederations) as phenomena in legal systems.
Keywords:
jurisprudence, regional law, federal law, federative law, federation, constituent subjects of the federation, city states, state-like formations, objects of competence, legal system.
TOPICAL PROBLEMS OF HISTORY OF STATE AND LAW
Reference:
Pirozhkova, I.G.
Normative sources on history
of town planning of the Russian Empire
// Actual problems of Russian law.
2013. ¹ 2.
P. 118-122.
URL: https://en.nbpublish.com/library_read_article.php?id=62357
Abstract:
The article is devoted to the source studies, history of town-planning policy, the author reconstructs
the process and chronological order of systematization of normative sources for the town-planning activities.
The author analyzes the objects of competence, form, elements and the system-forming characteristic
features of historical legal documents (level of their codification, legal techniques), which regulate various
aspects of town-planning activities in accordance with the accepted typology of town-planning objects: housing
units, public buildings, official buildings, industrial, rural and city buildings and constructions. The author
comes to a conclusion that the codified normative sources (Ustavs, the large Decrees by the Emperor and the
Senate) in the Russian Empire formed the basis for the town-planning policy. The article highlights the analysis
of the normative acts of XIX century (such as the Fire Ustav, The Social Support Ustav, Rules on Formation
of Public Settlements, etc) which were previously studied less scrupulously than the main normative document
— the Building Ustav. The author singles out the main characteristic features of normative regulation of
the town-planning activity — the legal idealism.
Keywords:
jurisprudence, town-planning, source studies, codification, systematization, politics, legislation, Ustav, construction, urbanistics.
TOPICAL PROBLEMS OF HISTORY OF STATE AND LAW
Reference:
Zholobova, G.A.
«The bundling operation»
in the Russian mechanism
of tea trade regulation at the verge between
XIX and XX centuries
// Actual problems of Russian law.
2013. ¹ 2.
P. 123-134.
URL: https://en.nbpublish.com/library_read_article.php?id=62358
Abstract:
The article deals with the topical issues of legal regulation of tea trade. Based on the studies of the
archive documents and analysis of the normative legal documents of the Russian Empire in late XIX and early XX centuries, the author shows the formation of the mechanism of legal regulation against contraband and
falsification of the imported graded tea, which entered the turnover and the special place which the bundling
held in this procedure. The author shows the historic peculiarities of the Russian trade legislation and careful
step-by-step legal measures.
Keywords:
jurisprudence, tea, packet, packaging, supervision, trader, circular, law, falsification, trade.
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Bogdan, V.V.
Modernization of the Federal Law
of the Russian Federation
«On the Protection of the Rights of Customers»
should be balanced: on the issue
of necessary amendments and additions
// Actual problems of Russian law.
2013. ¹ 2.
P. 135-142.
URL: https://en.nbpublish.com/library_read_article.php?id=62359
Abstract:
The article includes specific propositions for the improvement of the Federal Law of the Russian
Federation «On the Protection of the Rights of Customers», which is based upon the need for the guarantees
of legal balance between the interests of the entrepreneurs and the customers. The results are practically
applicable, and they are aimed to improve the efficiency the civil law regulation of protection of the rights of
customers. Their future applications shall facilitate the further improvement of the legal mechanism for the
civil law protection of rights of customers. The conclusions on the need to introduce changes and amendments
are based on the existing legislation and its practical application, as well as the results of theoretical studies.
Much attention is paid to the analysis of the Decree of the Plenum of the Supreme Court of the Russian Federation
of June 28, 2012 n. 17 «On Judicial Consideration of the Civil Cases on Disputes on Protection of Rights of
Customers». As part of amendments to the Federal Law «On the Protection of the Rights of Customers» the
author offers to change the definitions of «customer» and «fundamental defect of goods» in order to guarantee
the optimal protection of customers and stimulation of sellers (producers, renderers of services) for the
voluntary fulfillment of the claims of the customers. It is also reasonable to establish the maximal amount of
the penalties to the contract price in cases regarding insufficient quality of goods (works, services). It is also
reasonable to introduce into the Federal Law «On the Protection of the Rights of Customers» new articles on
the mandatory presentation of a claim to a debtor before instituting an action in the court, and on pre-trial
expertise of quality of goods (works), and responsibility of customers.
Keywords:
jurisprudence, customer, protection, rights, pre-trial claim, modernization, improvement, court, penalty, responsibility.
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Grebenkina, I.A.
The preemptive right to property
as a new limited proprietary right
for the Russian Federation:
analysis of proprietary elements
and the problem of obligation elements
// Actual problems of Russian law.
2013. ¹ 2.
P. 143-150.
URL: https://en.nbpublish.com/library_read_article.php?id=62360
Abstract:
The demand for the proprietary institute of the preemptive right to immovable property in the Russian
legal practice, the lack of legislative regulation and actualization of relevant issues in the modern civil law
doctrine cause interest to the studies of its proprietary elements. This article includes the in-depth analysis of
real and obligatory elements of the preemptive right to immovable property. The author comes to a conclusion
that this right meets the most requirements for the limited proprietary rights, their real nature, with due
consideration to some of its peculiarities.
Keywords:
jurisprudence, law, preemptive purchase, property, real, obligatory, nature, limited, problem.
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Ilyichev, P.A.
On some issues regarding
the legal nature of the limitation of claims
// Actual problems of Russian law.
2013. ¹ 2.
P. 151-155.
URL: https://en.nbpublish.com/library_read_article.php?id=62361
Abstract:
This article is devoted to some topical issues regarding the legal nature of the limitation of claims.
The author points out some legislative problems and problems in the sphere of application of law, and he offers
the mechanisms for their possible solution, with due reference to the doctrinal sources. The article raises
the issues on the place of the limitation of claims within the system of norms of material and procedural law,
as well as within the system of norms of private law. The author also considers the possible presence of the
public legal element in this legal institution. The article include legal analysis, which is aimed to establish the
place of the limitation of claims within the system of branches of the Russian law. Based on the results of scientific
studies, the author comes to a conclusion that the limitation of claims is a complex and multi-faceted
phenomenon, which includes the elements of various branches of law.
Keywords:
jurisprudence, limitation of claims, material, procedural, private, public law, term, correlation.
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Kleschev, A.S.
Legal aspects for the energy-saving contract
and its regulation under the Civil Code
of the Russian Federation
// Actual problems of Russian law.
2013. ¹ 2.
P. 156-161.
URL: https://en.nbpublish.com/library_read_article.php?id=62362
Abstract:
Currently it is hard to overestimate the role of the energy supply in the everyday life of the society.
Great social value of this process causes interest to this legal institution. The author views the legal aspects
and topical issues of the energy supply contract, its nature and contents. The author also describes various
points of view of Russian and foreign civil law lawyers on this type of contract. The author studies the role
of energy within the system of objects of civil law, he analyzes the judicial practice on the disputes regarding
this contract. The author also pays attention to the balance of rights and obligations of the party, who joins
the energy supply contract. The article includes evaluation of the current legislation in the sphere of energy
supply. The author comes to a conclusion that there is need to specificate the nature of the contract for supply
of energy and to provide a specific place for energy within the system of objects of civil law at the legislative
level, he also makes propositions for the improvement of the civil legislation.
Keywords:
jurisprudence, contract, energy supply, adhesion, topical problems, legal, rights, legislation, energy.
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Kostin, P.Y.
Proprietary complex as a combination
of subjective civil rights and obligations
// Actual problems of Russian law.
2013. ¹ 2.
P. 162-167.
URL: https://en.nbpublish.com/library_read_article.php?id=62363
Abstract:
The modern theory of civil law includes the topical problem of the existence of the «property complex
» as an independent object of civil law. The overlapping of various legal matters, which are regulated by
norms of real and obligation law within the property complex as a single object of law causes a number of
practical problems in the establishment of applicable laws and legal relations, as well as some conflicts of
laws in the process of their application. The non-uniform character of the property complexes in the real law
also prevents the development of the united teaching on the property complex in the civil law doctrine. By
analyzing the historical development of the category of «property complex» the author comes to a conclusion
that the property complex should be understood as a combination of subjective rights and obligations, which
change their subject within the framework of the universal succession. Such an understanding of this category
allows to form the unified elements of such property complexes in the civil law, as the enterprise, estate, and
property of the spouses.
Keywords:
jurisprudence, property, complex, law, estate, enterprise, legal succession, spouses, object, obligation.
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Svirkov, S.A.
The legal nature of contracts
for the supply of electric energy
in the wholesale market
// Actual problems of Russian law.
2013. ¹ 2.
P. 168-173.
URL: https://en.nbpublish.com/library_read_article.php?id=62364
Abstract:
The article is devoted to the problem of legal qualification of contracts for the supply of electric energy
and power. The author analyzes the key doctrinal approaches to this problem, and points out their shortcomings.
The position of the author is based upon the statement that the contract for the supply of electric energy should
not be regarded as a type of sales contract under para. 1 of Chapter 30 of the Civil Code of the Russian Federation.
The conclusions are based upon the idea on the special legal nature of the stock deals, which include the
supply contacts in the market of energy. Taking into account the differentiation of physical and financial rights to
electric energy, as the key instruments of its turnover, the author also singles out three groups of relations in the
wholesale market of electric energy, which includes specific contractual constructions
Keywords:
jurisprudence, electric energy, turnover, rights, stock, deals, sale, energy supply, market, contract.
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Shilova, N.P.
Modern legal models for regulation
of formation and activities
of the co-operative societies
in the foreign states
// Actual problems of Russian law.
2013. ¹ 2.
P. 174-181.
URL: https://en.nbpublish.com/library_read_article.php?id=62365
Abstract:
The article includes comparative legal analysis of the legislation of foreign states on co-operatives in
order to form the modern legal model for the regulation of co-operation. This experience is topical for Russia,
since currently the Russian legislation on legal entities, which includes the legislation on co-operatives, is
undergoing a transformation. By the method of comparative legal studies the author comes to a conclusion
on five legal models, which regulate the formation and activities of the co-operatives in the EU, the CIS and
the USA, as well as some Asian states. The author discusses international legal tendencies of regulation of cooperative
relations and shows the international legal tendencies for the regulation of co-operative relations.
The author then comes to a conclusion on the need to for the Russian legislation to apply the combination of
general legal regulation of co-operation and the special legal regimes for the regulation its particular types.
Keywords:
jurisprudence, co-operation, co-operative, co-operative partnership, co-operative society, credit union, sources of legal regulation of co-operation, co-operative legislation, international legal regulation, legal models for the co-operative regulation.
TOPICAL PROBLEMS OF ENTERPRENEURIAL LAW
Reference:
Laptev, V.A.
Corporative organization
of entrepreneurial activity replacing
the co-operative organizations
// Actual problems of Russian law.
2013. ¹ 2.
P. 182-187.
URL: https://en.nbpublish.com/library_read_article.php?id=62366
Abstract:
The study of the nature of co-operation in Russia shows, that it served as the basis for the co-operative
organization of entrepreneurial activities at the current stage. In this article the author studied the
historical way of development of the collective form of organization of the economic (entrepreneurial) activity
and stressed its co-operative character. Basically, the co-operatives united material and labor resources, while
the commercial corporations united persons and capitals (assets). The statistics shows that the entrepreneurs
usually choose commercial corporations in the form of limited liability companies and joint-stock companies.
The conclusion on the economic efficiency of corporative form of organization of entrepreneurship is due not
only to the possibility to unite economic resource fast and freely, but also to the ability to guarantee proper
business management via the managing body (economic management bodies) of the corporation.
Keywords:
jurisprudence, co-operative, corporation, corporate relations, corporate organization, co-operatives, economic subject, economic society, entrepreneurship.
TOPICAL PROBLEMS OF ENTERPRENEURIAL LAW
Reference:
Makarycheva, E.V.
The formation of legal mechanism
for the guarantees of the state needs
in the sphere of housing construction:
history and the modern time
// Actual problems of Russian law.
2013. ¹ 2.
P. 188-193.
URL: https://en.nbpublish.com/library_read_article.php?id=62367
Abstract:
The elements of state needs and forms of legal mechanisms for meeting these needs are based on
historic and civilization factors, and they depend on the economic and social policy of the state at a particular
stage of its development. The generalization of the retrospective and comparative analysis of state regulation
of housing construction and guarantees of its accessibility to the people allow to make the following
conclusions. The state, which positions itself as a social state, may not avoid the regulation of social and
economic processes and from the such an important social and economic segment as housing. Russia may
not and should not ignore the historic experience in this sphere. The new social and economic realities require
the pragmatic evaluation of state regulation in the housing sector in the USA, the Western European states,
Japan, Canada in order for Russia to use positive foreign experience in this sphere.
Keywords:
jurisprudence, law, construction, housing, state, needs, citizens, history, experience, problem.
TOPICAL PROBLEMS OF INTERNATIONAL LAW
Reference:
Kovaleva, M.A., Dmitrieva, G.K.
Some aspects of legal regulation
of the investment activities under
the WTO membership conditions
for Russia
// Actual problems of Russian law.
2013. ¹ 2.
P. 194-199.
URL: https://en.nbpublish.com/library_read_article.php?id=62368
Abstract:
Regulation of the investment activities in the legal field is quite topical, since the Russian Federation
is currently is a WTO Member State. The membership in the WTO requires amendments into the Russian legislation.
This article is devoted to the issues of legal regulation of treaties on dividing products and national
automobile industry, as well as obligations of Russia to amend and to bring its investment legislation in these
spheres into accordance with the WTO treaties. Based on the comparison of the current legal norms and the
provisions of the WTO treaties, the authors managed to show that, while Russia has already fulfilled its obligation
in the sphere of division of products, as for the investments into the national automobile industry, Russia
just allowed for some investment benefits, and established that it shall start consultations on the measures in
that sphere in accordance with the requirements of the WTO no later than in 2016.
Keywords:
jurisprudence, investments, WTO, treaty, division, products, report, industry, automobile, localization.
TOPICAL PROBLEMS OF INTERNATIONAL LAW
Reference:
Petrova, D.A., Shakhnazarov, B.A.
Legal bases for the implementation
of the trade policy
in the agricultural sector
under the WTO membership conditions
for Russia
// Actual problems of Russian law.
2013. ¹ 2.
P. 200-205.
URL: https://en.nbpublish.com/library_read_article.php?id=62369
Abstract:
The agricultural sector of economy is a strategically important sphere of state regulation, and its legal
regulation is quite multi-faceted. Development of the trade policy which would on one hand create transparent
and clear norms for the importer, and on the other hand would support the national agricultural producers
under the WTO norms forms an important part of the membership requirements for the Russian Federation in
the WTO. This article is devoted to the key aspects of the legal regulation of legal regulation in the sphere of
agriculture under the conditions of the membership of the Russian Federation in the WTO. The authors analyze
the WTO Treaties in this sphere, as well as specific features of the obligations in the sphere of tariffs and
customs, phyto-sanitary control and domestic support of agricultural sector. Having compared the norms of
the international treaties and the current domestic legislation, the authors comes to the conclusion that there
is need to introduce some amendments into the normative legal base in the sphere of agriculture during the
transition period under the Protocol on joining the WTO.
Keywords:
jurisprudence, WTO, agricultural, treaty, export, harmonization, tariff, quote, negotiations, import.
TOPICAL PROBLEMS OF INTERNATIONAL LAW
Reference:
Baturova, E.A.
Legal grounds for the refusal
of the insurer to pay the insurance money
in the European law
// Actual problems of Russian law.
2013. ¹ 2.
P. 206-211.
URL: https://en.nbpublish.com/library_read_article.php?id=62370
Abstract:
The key provisions of this article are devoted to the analysis of the norms of the European law on the
application of norms on unilateral refusal by one party to fulfill its obligations in the insurance contracts. The
comparative analysis is made based on materials on two states: the Great Britain and Germany. Much attention
is paid to the correlation between the grounds for the right of the party to avoid performance unilaterally
under the contracts and the lack of due performance of contractual obligations by the other party.
Keywords:
jurisprudence, the European law, the insurance contract, refusal to fulfill obligations, grounds for the right of one party to avoid performance under the contract.
TOPICAL PROBLEMS OF INTERNATIONAL LAW
Reference:
Petrusha, A.A.
Jurisdiction of the English court
in an example of the contract
for the international sale of goods
// Actual problems of Russian law.
2013. ¹ 2.
P. 212-221.
URL: https://en.nbpublish.com/library_read_article.php?id=62371
Abstract:
The article is devoted to the issues of the jurisdiction of the English court, taking the case on the
dispute, arising from the international sale of goods. The goal of this article is to find out the cases, in which
a Russian company may be called to an English court as a respondent in a contract-based claim. The author
analyze the English procedural norms on bringing to court a foreign company, both when it is within the English
territorial jurisdiction (if this company has a filial office or other business activity in England), and when
it is not. Much attention is paid to the connecting factors, such as conclusion of contracts in the English territory,
violation of contract in the territory of England, etc.), which allow the English court to have competence
in a case against a respondent, which is situated outside the English jurisdiction. The author deals with the
meanings of these connecting factors under the English law (such as when the contract shall be deemed to be
violated within the jurisdiction of the English court, etc.)
Keywords:
jurisprudence, England, court, claim, international, contract, sale, writ, company.