Abstract: The article concerns of declaring a contract not conclude due to the absence of agreement of parties on its fundamental conditions. The author discusses the problem of correlation between the contract clauses and the elements defining the type of contract. The author refers to a contradictory influence of the broadly applied practice of recognizing the contracts not concluded on the civil law turnover. The author then discusses an issue on why in some cases the lack of fundamental conditions, also serving as characteristic features of the type of contract, leads just to changing a type of contract, and in some other cases lack of fundamental conditions leads to recognizing a contract void and not concluded. The conclusion is made that the contract is recognized as void and not concluded when imperative norms of law are violated. When an imperative norm of law, establishing the requirements to the contents of the contract, it is offered to apply the rules of law on the deals concluded in violation of the legislation, unless the law expressly provides for the consequences of the voidance of a contract. The article also contains an overview of the foreign experience on the issue. The author formulates conclusions that the contracts not concluded are known in the continental European legal orders, but this institution is being criticizes, and it is not widely applied. The key European model documents in the sphere of private law do not have the definition of the contracts not being concluded. The provisions of the foreign legal and model law acts are aimed at formation of the mechanism for “healing” the incomplete deals.

Keywords: fundamental conditions, contracts not concluded, civil law, voidance, comparative law, international law, the European model documents, private law, the continental European legal order states, doctrine of contracts not being completed

Abstract: The object of studies in this article includes the means for the protection of rights of minority shareholders, which are currently being applied in the Russian Federation. This issue is topical due to the large concentration of capital in the Russian joint stock companies. Therefore, there are minority shareholders in many Russian joint stock companies. The article concerns the means of protection according to the Russian legislation, and the author also provides evaluation of efficiency and sufficiency of existing means of protection of minority shareholders. While writing this article the author used the following methods: systemic method, comparative method, formal legal method and comparative legal method. While studying the protection of rights of minority shareholders the author made the following conclusions. Firstly, currently there is no legal definition of minority shareholders in the Russian legislation. Secondly, currently the minority shareholders do not have any means of protection of their rights via the arbitration tribunals. Thirdly, in spite of the absence of legal definition of a “minority shareholder” in the Russian legislation and some other shortcomings, the Russian legislation provides for rather many mechanisms for the protection of rights of minority shareholders.

Keywords: minority shareholders, joint stock company, bodies of a joint stock company, means of protection of a right, administrative protection of a rights, judicial protection of a right, internal corporate protection of rights, mediation, arbitrability of corporate disputes, repurchase of shares.

Abstract: The article concerns the institution of substitution of a heir in the civil legislation of the Russian Federation. The author provides the Roman inheritance tradition, which primarily provided for the substitution of heir and the Roman law of the post-classical epoch provided for the several kinds of inheritance substitution. The author studies the legal status of the substitute heir, his rights and obligations, provides comparative analysis of inheritance substitution and the institution of inheritance transmission. The author studies nature, role and value of inheristance substitution in the Russian legislation paying attention to the specific features of its legal regulation. The analysis of the specific features of inheritance relations appearing when a heir is substituted by the testament allows one to draw a conclusion that inheritance substitution is an independent type of inheritance. Inheritance relations appear due to the death of the main heir as well as due to the death of the testator, or due to the causes mentioned in Art. 1121 of the Civil Code of the Russian Federation, allowing to bring a substitute heir to inheriting.

Keywords: inheritance law, heir, testator, inheritance substitutions, inheritance transmission, substituted heir, succession, testamentary disposition, quasipupilar substitution, vulgar substitution.

Abstract: The article contains analysis of the currently existing civil law approaches towards individualization of property of legal entities, which are formed by the public law formations. The object of studies concerns public relations appearing in the process of registering the property status of these entities. The author studies dualism of rights of legal entities, which are formed by the state, and of their property, character of rights appearing within the frameworks of the economic control and operational control, their correlation with the title to property, character of proprietary rights of public corporations. The author singles out the opportunities for the use of the publicly owned property construction in order to form the proprietary independence of the public legal entities. The methodological basis for the studies includes general and specific scientific methods: analysis, synthesis, comparison, analogy, proof, historical method, systemic analysis method, interdisciplinary analysis. Within the framework of operational control the author singles out two social ties, first of which is an absolute proprietary legal relation, which is not different from title to ownership, while the second one is a corporate relation. That is why, it is offered to recognized subjects of law under operational management to be the owners of the property provided to them. The title to property of state corporation is regarded in this article as a public form of title to property, and its implementation is due to social needs, managerial needs, and other socially important functions. A public legal entity is regarded as a new organizational and legal form of a legal entity, which shall substitute all of the forms of mediated legal entities formed by the public law institutions. In order to recognize the proprietary status of these persons it is offered to use the construction of the title to public property. Such an approach shall form a sufficient basis for the legal personality of the said legal entities, it shall guarantee state and public interests in the transferred property, as well as the fully fledged mechanism for the civil law responsibility.

Keywords: civil law, legal entities, public legal entities, proprietary rights, operational control, economic control, public property title, public corporations, state unitary enterprises, institutions.

Abstract: The article contains analysis of the legislatively provided procedure for the implementation of operative dispatching activities in the sphere of electric energy, as well as of the main forms of such activities. The author provides characteristics of the ODC contract. At the same time, it is proven that the legislatively provided contractual service form for this type of services does not correspond to the nature and contents of these relations, causing a number of organizational problems. Analysis of the contents of control instruction does not allow for its recognition as a service in a civil law sense of the term. The methodological basis for the studies included general scientific (dialectic) method of cognition, methods and techniques of formal logic (analysis, synthesis, deduction, induction, etc.), as well as special cognition methods: formal legal methods, comparative legal method, technical legal method, linguistic method, institutional method, systemic method, empirical method, etc. The article is characterized with the scientific novelty, since the ODC relations are not sufficiently studied within the Russian legal doctrine. At the same time the article contains evaluation of the currently existing legislative construction in this sphere and the possible ways for their improvement. The main conclusion of the article is an initiative for the centralized implementation of the ODC activities, based upon the contract of adhesion to the trade system of the wholesale market.

Keywords: operative dispatcher control, electric energy business, services contract, system operator, control instruction, services, liability insurance, subjects of the wholesale market, wholesale market for electric energy, natural monopoly.

Abstract: The article includes analysis of the novel approaches towards defining “non-material values and personal non-property rights”. The authors offer to use an additional approach towards understanding the nature of non-material values through the structurally narrower individual category – via the definition of personal non-property value. The author evaluates the problem of terminological transformation regarding the definition of non-material values and personal non-property rights due to the amendments into the current legislation. The article includes analysis of various definitions of the said terms. The article also includes definitions of the term “personal non-property value”. Introduction of the definition of personal non-property values allows to deal with lack of clarity as to critical attitude to the “non-material character” of some non-property values, and to find a more appropriate approach towards defining the amount of compensation of moral damage in cases of encroachments upon non-property values and violations of personal non-property rights.

Keywords: non-property values, personal non-property right, compensation of moral damage, life, health, personal dignity, personal inviolability, inviolability of personal life, name of a person, authorship.

Abstract: This article is devoted to one of unresolved problems of legal theory: defining legal nature of public share placement. In order to solve this problem, the author studies four main theories for the legal nature of public placement of shares: investment contract theory, unilateral dispositive deal; theory of bilateral dispositive deal, and the theory of the sales contract, providing evaluation of each of the above-mentioned theories. Within the framework of evaluation of the above-mentioned theory, the author makes a conclusion that the theories of unilateral and bilateral dispositive deals are not viable, and they may not be used for defining the legal nature of public placement of shares. However, the author also makes a conclusion that the followers of both the investment contract theory and sales contract theory provide viable arguments in support of their positions. However, none of these theories may be recognized as universal. Due to the above-mentioned situation, the author offers to use the theory of investment contract of sales contract depending on the purposes for which the shares are acquired by a subscriber.

Keywords: unilateral dispositive deal, investment contract, subscriber, securities issuer, securities, legal nature, public placement of shares, bilateral dispositive deal, share, sales contract.

Abstract: The article is devoted to classification of types of insuring civil liability. The current legislation provides for two types of insuring civil liability divided based upon the grounds for its appearance: insuring the risk of liability on obligations arising out of damage to life, health or property of other persons (Art. 931 of the Civil Code of the Russian Federation) and insuring the contractual responsibility (Art. 932 of the Civil Code of the Russian Federation). Liability for violation of non-contractual obligations, such as liability of arbitration manager and the members of administration of a legal entity do not fall within any of these two categories (contractual or delict liability insurance). Such a liability is not contract-based, since there is no such contract, and it does not arise from causing harm. Based on above-mentioned positions the author concludes that legal regulation in this sphere is not sufficient and offers the possible solutions to the problem

Keywords: insuring liability, types of liability insurance, insuring contractual liability, insuring delict liability, insuring non-contractual liability, classification of obligation, liability of an arbitration manager, nature of arbitration management, insuring liability of administrator, liability of executive bodies.

Abstract: The article is devoted to topical issues of classification of contracts between the tour operator and tour agent. The author presents key positions of the Russian legal scholars towards the legal nature of the model contract between the tour operator and tour agent, she also analyzes the norms of current legislation, as well as judicial practice and business documents on this issue. The author studied the types of contract used (sale of tourist product, provision of tourist services for remuneration, franchise (commercial concession), mandate contract, commission contract, acquisition contract, agent contract), showing their strong and weak points. She also evaluates the possibility to use these contracts in the relations between tour agent and tour operator. The author also attempts to find the most acceptable model for the regulation of relations between the said subjects. The author also proposes to improve legislation regarding qualifying such a contract as an agency contract by amending the Federal Law “On the Fundamentals of Tourism Activities” and the Civil Code of the Russian Federation.

Keywords: tour operator, tour agent, agency, commission, commission, mandate, franchise, acquisition, sale, provisions of service for remuneration, contract model.

Abstract: This scientific article is devoted to the important scientific issue regarding nature of legal interest within the system of civil law. The author applies elements of similar legal categories by analogy, and he also used the achievements of Russian and foreign legal science in order to form his own construction of legal interest. The author substantiates an original position according to which legal interest is a legal form within which the bearer of the interest has lawful expectation of benefits due to a legal initiative, while he is bound by legal understanding of goals and nature by the other party of such initative. The author regards legal interest as a specific type of legal construction, serving as an element of legal mechanism, guaranteeing the coordination between de facto and de jure equality in the sphere of civil law. The author takes the protection of a weaker party as a specific example of this mechanism in action. Generally, the article is of both theoretical and practical value, and it might be of interest to those interested in the topical issues of civil law.

Keywords: formal equality, equal rights, civil law relations, legal interest, legal construction, legal form, subject of civil law, participant of civil law relation, legal link, weaker party to a contract.

Abstract: The pension system of Russia has changed drastically in the last decade. Since the pension rights of the citizens are socially valuable, the state provided detailed regulation of rights and obligations of these subjects, which lead to the appearance of specific legal constructions previously unknown to Russian legislation. In particular, it concerns the contracts on obligatory pension insurance. The obligatory pension insurance by private pension funds includes both elements of public and private law, regulating the issues regarding obligatory pension insurance contracts. The article concerns issues of obligatory pension insurance by private insurance companies, and it includes a complex analysis of norms regulating the contact on obligatory pension insurance, the author defines legal nature and elements of such contracts, provides propositions for the improvement of legislation in this sphere.

Keywords: private pension fund, obligatory pension insurance, private law, organizational legal form, public law, insured person, pension reform, savings part of pension, civil law institution.

Abstract: The article includes comparative legal analysis of such grounds for termination of proprietary rights to land as abandonment of the proprietary rights by an owner and land transfer. The legislatively provided procedure for plots of land is different from other types of property due to a specific procedure for a person to abandon his land. It leads to some ambiguities in the judicial practice regarding legal qualification of such abandonment. For example, some courts have drawn a conclusion that abandonment serves as alienation of land, while these categories have some differences between them. The author has studied legal nature of the categories «abandonment of proprietary rights by an owner of a plot of land» and «alienation of plot of land», and she makes a conclusion that these two categories are considerably different. Additionally, it is established that in some cases the legislator provided special rules for the arising and termination of the proprietary rights in order to guarantee stability of a civil turnover and protect lawful rights and interests of certain groups of people. Abandonment of proprietary rights to a land plot is one of such cases. There is need to provide for the specific rules for termination and arising of proprietary rights to plots of land, which were previously abandoned by their owners due to specific features of land plots legal regulation regime.

Keywords: jurisprudence, proprietary rights, termination, transfer, abandonment, primary means, secondary means, heirless property, find.

Abstract: The article is devoted to a new real right, as provided by the Conception for the Development of Civil Legislation — the building leasehold. The author pays attention to specific features of building leasehold in various legal orders, she provides comparative legal studies of application of building leasehold in the Russian pre-Revolution and Soviet legislation, as well as in the legislation of foreign states (Austria, Germany, Italy, Spain, Portugal, Belgium, France, Argentina, Estonia, Poland, Bolivia, Netherlands, the Republic of Korea, etc.). It is noted that the building leasehold may be used for various purposes (enlargement of the housing fund, including restoration of destroyed buildings, construction of non-housing units, development of the new territories, forest plantation, attracting investments, etc.). It is noted that the building leasehold may be provided for the public and private interests. The author draws conclusion on flexibility of this legal construction and the wide range of its application.

Keywords: jurisprudence, building leasehold, superficia, limited real rights, jus in re aliena, title to land, foreign legal order, foreign legislation, comparative legal studies, historical prerequisites.

Abstract: In this article the author analyzes the Issue of legal qualification of contract for insurance of professional liability within the system of types of insurance, as provided for by legislation, including contractual liability and liability for causing harm. The author provides qualification of various types of professional liability insurance, including those of tour operators, advocates, notaries, insolvency managers, appraisers and auditors.

Keywords: jurisprudence, insurance, professional liability, contractual liability, delict-based liability, appraiser, auditor, tour operator, notary, insolvency manager.

Abstract: The article includes analysis of the grounds for distinguishing simulate and fraudulent transactions from other types of unlawful transactions, and transactions completed with the goals contradicting the bases of legal order and morality. The author analyzes the conditions in which the courts apply the provisions of Art. 170 of the Civil Code of the Russian Federation in their systemic correlation with the provisions of Art. 168, 169 of the Civil Code of the Russian Federation. In the opinion of the author, it Is not correct to qualify the actions of the parties to a transaction under both Art. 170 and Art. 169 of the Civil Code of the Russian Federation. The presence of the goal obviously contradicting the bases of legal order and morality makes the simulated and fraudulent transaction become transactions made for the goals obviously contradicting the bases of legal order and morality. At the same time, the actions taken in order to evade the legal limitations should not be equaled to the simulated deals, rather, they should be regarded as unlawful actions, and they should qualify under Art. 168 of the Civil Code of the Russian Federation.

Keywords: jurisprudence, simulated transaction, fraudulent transaction, anti-social transaction, the transaction contradicting the bases of legal order and morality, evasion of law, goal of the transaction, bases for distinguishing, the transaction with the goal contradicting the bases of legal order and morality, grounds for declaring a deal void.

Abstract: The article Is devoted to the issue of formation and limitation to the system of components of limited real rights and the role of servitude (easement) within this system. The methodological basis for the article was formed by systemic, analytic and synthetic approaches to the analysis of the Russian legislation regarding limited real rights In accordance with the current provisions of the Civil Code of the Russian Federation and the draft of the Federal Law «On Amendments to Part 1, 2, 3 and 4 of the Civil Code of the Russian Federation ». The article contains brief analysis of etymologic and content-related aspects of the terms «servitude», «contents of servitude», «payment for servitude». The author analyzes the types of servitude and gives their general characteristics, then he offers the directions for the further studies of servitude as an independent civil law construction within the system of limited real rights.

Keywords: jurisprudence, system, servitude, project, concept, types, classification, doctrine, problems, list.

Abstract: The goal of this article is to analyze the new interpretation of application of customer protection legislation (first of all, of the Federal Law «On the Protection of Rights of Customers» of February 7, 1992, N. 2300-1) as provided for in the Decree of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 N. 17 «On the adjudication by courts in the customer protection cases». The need for such analysis can be explained by the novelty of this interpretation, which is due to the changes in the legislation itself and the legal practice. The author uses the method of comparative legal studies, which allows understanding the nature of changes more deeply. The article also includes analysis of the issues on the application of customer protection legislation to certain types of relations, of the protection of right of customers to the due quality of goods, works and services, as well as on various forms of responsibility of persons towards customers, as well as some other issues. The article shall be of interest first of all to the persons, who work with or are interested in the practical application of customer protection legislation.

Keywords: jurisprudence, customer protection, property insurance, financial services, participation of the agents, the fundamental defect of goods, works, services, technically complicated goods, lowering the fine, fine, refusal to perform under the contract.

Abstract: The key provisions of this article are devoted to the right to unilateral avoidance of performance under the contract in personal insurance. The author provides detailed analysis of the lawfulness of contract clauses on such avoidance on the grounds which are not provided by the current legislation, such as cases, when the insured person took alcohol, toxic, narcotic, psychoactive and potent substances without medical prescription, the insured person did professional sports, if this type of sport caused this person’s death, insured person committed a crime, and this crime was directly connected with the insurable event. The article also includes detailed analysis of application of the Art. 963 of the Civil Code of the Russian Federation to the personal insurance contracts, the author views the issues regarding insurable events taking place due to the gross negligence of an insured person.

Keywords: jurisprudence, insurance contract, personal insurance contract, life insurance contract, refusal to perform an obligation, grounds for the unilateral avoidance from the performance of obligations.

Abstract: The goal of the studies in this article is to coordinate the existing norms of civil legislation, which regulate the relations in the sphere of unauthorized construction and to discuss the future amendments to these norms. The goal of the study is to model a new institution of the unauthorized construction based on the upcoming reform, and to introduce a novel sub-institution of unauthorized construction within the sphere of supervision of the municipal bodies, which in turn should facilitate more rational application of municipal competence in the sphere of town planning and to improve the efficiency of the municipal bodies in the sphere of municipal issues. The study of the problem of unauthorized construction is based upon the operative analysis of the current norms of civil legislation, as well as on the propositions for the legislative amendments and reforms of civil relations in this sphere.

Keywords: jurisprudence, immovable property, town planning, supervision, construction, legitimacy, offence, responsibility, municipal bodies, competence.

Abstract: The developed industrial society recognizes the activities of agents, commissioners and solicitors as the mechanism which facilitates formation and development of economic and trade connection. Analysis of the market relations shows that there is a direct correlation between the state of economy, level of development and application of agent services. That is why it is of interest to study the legal nature of these contracts. It is especially so, since the institution of agency and commercial representation in the civil law require understanding of their nature for efficient practical use. While the agency and commission contracts are known previously, there are still problems and gaps within this sphere. The legislative regulation of the agency contract in the Civil Code of the Russian Federation failed to resolve some of the problems, which existed before this type of contract was recognized by the legislator. The article is devoted to the agency contract as a most popular contract in the sphere of mediation. The authors discuss the causes for it’s’ appearance in the Russian legislation, independence of its legal construction, topicality and necessity of this type of contract.

Keywords: jurisprudence, agency contract, commission contract, solicitor contract, independence, construction, mediation, agent, appearance, principal.

Abstract: The article is devoted to the analysis of the object of the surrogate motherhood contract. The author discusses the most topical problems of legal nature of the contract of mixed nature in the Russian civil law. By studying the normative basis and scientific works on surrogate motherhood on the verge where the branches of family and civil law connect, the author makes a conclusion on the mixed nature of this contract, which contains elements of service and independent work contract. Based upon the analysis of correlation between object and immediate object of the contract in Russian and international legal acts, the author gives a definition of the object of the surrogate motherhood contract. Much attention is paid to the absence of legal personality of an embryo, and to the protection of rights of a child at the stage of performance under such a contract. Based upon the above-mentioned studies, the author offers to provide the legislative definition of the surrogate motherhood contract, which would guarantee the rights of the parties, and resolve the issues of legal status of a child within this contract.

Keywords: jurisprudence, surrogate, mixed, contract, reproductive, object, immediate object, embryo, child, legal personality.

Abstract: The article is devoted to the nature of the defect of the will in the fictitious and fraudulent deals. It is stated that the defect of the will in the fictitious and fraudulent deals is a complicated basis for their invalidity, since the will of the participants of such deals has three dimensions. Challenging fictitious and fraudulent deals due to the defect of the will is possible within the judicial claim procedure, and the claim should be filed by a person with an interest in the deal in question. The author offers to establish for such deals the limitation period of three years since the time when the claimant found out, or should have found out of the situation, which may serve as the basis for the invalidity of such a deal.

Keywords: jurisprudence, fictitious deal, fraudulent deal, defect of will, persons with an interest, voidable deal, invalid deal, claim procedure, limitation period, consequences.

Abstract: The object of this article is the social relations in the sphere of normative legal regulation of the alternative methods of compensation of moral damages to the victims. The goal of the article is to characterize the provisions of the Russian legislation regarding the compensation for the moral damage. The methodological basis for the scientific article Includes such principles of scientific cognition, as the historicism, objectivity, systemic character, complex character. The results of the article Includes the proposals for the amendments to the current Russian civil legislation. The article Includes analysis of the correlation between various forms of compensation for the moral damage to the victim. The conclusions of this article may be used In scientific and educational sphere regarding human rights issues.

Keywords: jurisprudence, moral damages, state, victims, right, refutation, peaceful settlement, apologies, compensation, Intangible benefits.

Abstract: The article is devoted to the problems of the legal structure for restructuring the debt. The author offers solutions in the light of the novel amendments to the civil legislation, and he defines the vector for the further development of the Civil Code of the Russian Federation in the institutional sphere for the transfer of debt.

Keywords: jurisprudence, debt, protection of the interests of creditor, transfer of debt, cession of part of the debt, debtor, creditor, change of parties in an obligation, obligation-based legal relations, contract.

Abstract: The article is devoted to the definition, characteristic features and contents of the framework contract. The author analyzes the approaches of various scholars on these legal issues, and she also provides her position on definition and characteristic features of framework contract. The framework contract is a contract under which the parties agree to conclude the main contract (or several such contracts) in the future, and it should contain the clause on the term of its application, object of the main contract (contracts), some other conditions of the main contract (contracts). The essential conditions of the framework (organization) contract should include the clauses on its term of application, its object, and the object of the main contract (contracts). The author studies the correlation between the framework contract and the open-clause contract in the legislation and science of the Great Britain and the USA. The author then comes to a conclusion on the need to distinguish these lecgal constructions, when they are provided for in the Russian legislation.

Keywords: jurisprudence, construction, framework, organization, main, contract, conditions, contents, distinguishing, legislation.

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.

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.

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.

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.

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.

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.

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.

Abstract: The article includes analysis of the normatively provided official definition of the public legal entities, as well as the key problem of defining the character of legal capacity of public legal entities as subjects of civil law. This issue is quite topical both from the scientific and practical points of view. The detailed analysis of the acts of the Constitutional Court of the Russian Federation in this issue allows to end the discussion. The legal capacity of public legal entities is special, and it is due to both their nature and the goals of their formation and existence. This theoretical thesis serves as a basis for the valuable practical conclusion. Namely, that such subjects cannot perform entrepreneurial activities. Based on the analysis of the acts of the Constitutional Court of the Russian Federation, the author offers to amend the current legislation.

Keywords: jurisprudence, public legal, the Constitutional Court of the Russian Federation, legal capacity, legal subject, nature, the Russian Federation, the constituent subjects of the Russian Federation, entities, character.

Abstract: The article includes analysis of the key approaches to the public legal entity (public law entity) in the scholarly literature in order to establish their legislative potential. The author shows the negative practice of introduction of the ad hoc organizational and legal forms into the Russian legislation, in order to provide for the state-dependent subjects of the civil turnover in accordance with the needs of the state as a party to the property relations. In order to improve the existing legislation and the practice of its application the author offers to form a new organizational legal form of a public legal entity within the system of legal entity, and to establish that this new form shall substitute for all of the current forms of participation in civil turnover by the state-formed entities. It is noted that such an approach shall allow to unify the rules under which such subjects become parties to the property relations and to close the list of non-commercial legal entities. The article supports the civilist approach to the category of legal entity, which still provides for the possible interdisciplinary approach.

Keywords: jurisprudence, public legal entity, civil law, state, legal capacity, organizational legal form, state corporation, state, ad hoc subjects, interdisciplinary studies.

Abstract: The article includes comparative legal analysis of the position of federal public, budgetary and autonomous institutions at eh federal level. The author establishes the key similarities and differences in their legal position. Finally, the author offers to amend the current Russian legislation, which regulates the legal position of federal state public, budgetary and autonomous institutions in order to make their state services more efficient.

Keywords: jurisprudence, public entities, budgetary entities, autonomous entities, federal budget, state services, reform, legal status, non-commercial entities, operative management.

Abstract: The article includes analysis of the specific features of order placement for the needs of public, budgetary and autonomous institutions at the time of reform of municipal and state institutions. The authors evaluate the rules of interaction of two normative acts: the Federal Law of May 8, 2010 N. 83–FZ, and the Federal Law of July 21, 2005, N. 94-FZ, as well as their application to the activities of the autonomous, budgetary and public institutions.

Keywords: jurisprudence, institution, order, supply, buyer, supply, budget, needs, purchases, services.

Keywords: Strakhovoe pravo, meditsinskie uchrezhdeniya, zakonoproekt.

Keywords: Reversivnye prava, derivativy, optsiony, energorynok, sekundarnye prava, pravovye sredstva.