Договор и обязательства
Reference:
Lyapustina N.A., Rybka O.S.
Perspectives for the application of the provisions on indemnity established by FIDIC Silver Book in the field of construction contracts in Russia
// Legal Studies.
2024. № 6.
P. 1-14.
DOI: 10.25136/2409-7136.2024.6.70982 EDN: KVGVKK URL: https://en.nbpublish.com/library_read_article.php?id=70982
Abstract:
The object of the study is the institute of compensation for property losses, fixed in one of the standard contracts of the International Federation of Consulting Engineers (FIDIC) – the Silver Book. The FIDIC Silver Book is the most interesting for providing a universal contract base in Russia, as a task set by the Government of the Russian Federation in the Strategy for Exporting Services until 2025. It is in this proforma that the main conditions of the EPC are reflected: design work, purchase of materials, construction work. One of the tools common in the Anglo-Saxon legal system is indemnity, which has appeared relatively recently in domestic civil law. By allowing you to manage the risks of construction projects, this institution is attractive to investors and parties to a construction contract. The authors investigate the provisions on indemnity, fixed in the FIDIC Silver Book, to establish the possibility of their application in the field of construction contracts in the territory of the Russian Federation. The authors used such methods as: analysis, synthesis, comparative law, deduction, induction. The scientific novelty of the study is due to the fact that there are few works devoted to the applicability of the terms of FIDIC contracts in Russia, and there are practically no studies on the applicability of the conditions for compensation of losses fixed in them. However, in order to achieve the goals set by the Service Export Strategy until 2025, it is necessary to find out whether there are significant contradictions between the terms of FIDIC contracts and the norms of national legislation that prevent their application in Russia. The most interesting are the prospects for applying the provisions on compensation for property losses fixed in standard contracts, which are quite attractive both for the parties to the contract and for investors. In this regard, a special contribution of the authors to the study of the topic is the establishment of the applicability in Russia of the provisions on compensation for property losses fixed in the FIDIC Silver Book. Within the framework of this scientific work, it was revealed that most of the analyzed provisions do not contradict the mandatory norms of Russian law.
Keywords:
risk management tool, strategy for developing exports, Civil Code of Russia, FIDIC, proformas, model contracts, construction contract, indemnity, Silver Book, anglo-saxon legal system
Human and state
Reference:
Rybka O.S., Lyapustina N.A.
Problems of legal regulation of MTPL insurance in the Russian Federation
// Legal Studies.
2024. № 6.
P. 15-29.
DOI: 10.25136/2409-7136.2024.6.70997 EDN: KUSOPD URL: https://en.nbpublish.com/library_read_article.php?id=70997
Abstract:
The subject of this study is the legal norms governing CTP in the Russian Federation, as well as the interpretation of these norms and judicial practice of their application. In the course of the work, the authors revealed the nature of insurance relations within the framework of auto insurance, and also identified many problems that currently exist in the field of CTP, namely: controversial regulation within the framework of penalties for insurance organizations and substitution of legislative power by the Supreme Court of the Russian Federation; problems of ignoring by courts and financial commissioners abuse of applicants, including failure to provide properly certified documents; problems related to the introduction of such a form of compensation as restorative repairs; problems related to penalties in excess of the limit, as well as the topic of fraud in the insurance sector. Within the framework of this scientific research, the authors used such methods of scientific cognition as: universal dialectical, logical, formal legal and hermeneutic. A special contribution of the authors of the research topic is the designation of problems of legal regulation and law enforcement in the field of CTP, which previously had not been paid attention to in the scientific community, while the authors relied on both judicial practice and personal professional experience, as well as scientific literature. In the course of the work, the authors concluded that the legal regulation in the field of CTP is imperfect, as well as that some problems can be corrected by making amendments to the current legislation. But at the same time, the authors emphasized that in the pursuit of perfection in one of the issues, including in the framework of preventing fraudulent actions, it is not necessary to ignore the rights and freedoms of citizens who may be affected.
Keywords:
insurance fraud, separation of powers, penalties, collection in excess of the limit, failure to provide documents, restorative repairs, abuse of right, problems of law enforcement, judicial practice, MTPL insurance
Договор и обязательства
Reference:
Titorenko S.K.
Legal regulation of the trade secret regime in corporate conflicts
// Legal Studies.
2024. № 6.
P. 30-43.
DOI: 10.25136/2409-7136.2024.6.70723 EDN: JZKBEV URL: https://en.nbpublish.com/library_read_article.php?id=70723
Abstract:
The author examines the features of the legal regulation of the trade secret regime in corporate conflicts between participants of business entities (limited liability companies, joint-stock companies). A study of the legal regulation of the Russian Federation, in terms of the legal regulation of the trade secret regime, has been conducted, and the judicial practice of applying the trade secret regime has been analyzed. Scientific works in the field of legal regulation of the trade secret regime in the Russian Federation, the countries of the Commonwealth of Independent States and the United States of America are also analyzed. As a result of the research, the author highlights a gap in the legal regulation of the trade secret regime in corporate conflicts. The problem is that despite the existence of a system of legal regulation of the trade secret regime, the share of trade secret leaks continues to grow. Previously, no research has been conducted in the field of legal regulation of the trade secret regime in the presence of corporate conflicts. Public relations arising in connection with the application of the commercial secret regime are regulated by the Law on Commercial Secrets, certain issues are explained in the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 01/18/2011 No. 144 "On some issues of the practice of arbitration courts considering disputes on the provision of information to participants in business companies", while the share of leaks of commercial secrets is constantly growing. In this regard, it is necessary to identify ways to improve legal regulation in the field of legal regulation of the trade secret regime in corporate conflicts. To investigate the legal regulation of the Russian Federation, judicial practice, scientific work and identify problems of legal regulation of the trade secret regime in corporate conflicts between participants of business entities (limited liability companies, joint-stock companies).
Keywords:
corporate culture, trade secret regime, confidentiality agreement, joint stock company, share of participation, business company, corporate conflict, confidential information, state secret, Commercial secret
Practical law manual
Reference:
Shurlyakov G.S.
Capitalized payments in the amount of subsidiary liability of persons controlling the debtor for the legal entity's obligations
// Legal Studies.
2024. № 6.
P. 44-55.
DOI: 10.25136/2409-7136.2024.6.70509 EDN: LRDKJZ URL: https://en.nbpublish.com/library_read_article.php?id=70509
Abstract:
The article is devoted to the study of theoretical and practical problems of including capitalized payments in compensation for harm to a citizen in the amount of subsidiary liability of persons controlling the debtor in the event of the insolvency of a legal entity; the relevance of the research is due to the complexity of the subject, which is the legal provisions of bankruptcy law on the procedure, methods of calculation and conditions for including capitalized payments as part of the amount of subsidiary liability of the persons controlling the debtor; research methodology – a dialectical method of cognition within the framework of a materialistic approach in combination with private scientific methods of studying social and legal phenomena: analysis and synthesis, observation and comparison; based on the study, the conditions for including capitalized payments in the amount of subsidiary liability of the persons controlling the debtor were determined and characterized; the novelty of the study lies in the substantive analysis of the issues of accounting for capitalized payments when establishing the amount of subsidiary liability in the absence of corresponding rules in bankruptcy law; the author came to the following conclusions: due to the fact that capitalized payments in a bankruptcy case of a legal entity have a special legal nature, due to their calculation for the future “until the citizen survives” and not earlier than the date of introduction of the bankruptcy procedure, the possibility their inclusion as part of the amount of subsidiary liability depends on the basis on which the person is brought to subsidiary liability: for the impossibility of fully repaying the claims of creditors or for failure to submit (late submission) of the debtor’s application, which, due to an insufficiently clear definition, require interpretation by the legislator and the Supreme Court Russian Federation.
Keywords:
compensation for damages, register of creditors' claims, controlling debtor, time payments, subsidiary civil liability, capitalised payments, bankruptcy of a legal entity, liquidation of a legal entity, personal injury, amount of liability
Practical law manual
Reference:
Chernyshenko I.G., Barkova A.V.
Civil law qualification of personal data
// Legal Studies.
2024. № 6.
P. 56-69.
DOI: 10.25136/2409-7136.2024.6.70419 EDN: GWQCQQ URL: https://en.nbpublish.com/library_read_article.php?id=70419
Abstract:
The author of the article considers the civil law nature of personal data, focusing on their qualification in the context of the object of civil legal relations. The boundary of distinction between private and public law in the context of processing and protection of personal data is also drawn. The purpose of this study is to determine the place of personal data in civil law, including civil legislation, as well as to determine to what type of object of civil legal relations should be attributed such legal phenomenon as personal data. The novelty of this article lies in the author's proposed concept of a comprehensive legal regulation of processing and protection of personal data. In addition, the author brings for discussion the issue of the possibility of introducing a new object of civil legal relations, which expands the existing legal tools for the settlement of issues related to personal data. While writing the article such methods were used as: theoretical-predictive, formal-legal, system-structural and method of legal modeling. In the conclusion the author of the article states the necessity of fixing personal data in civil legal relations. The introduction of such an object as personal data into civil law is an important step in modern society, due to the accurate and effective regulation of their circulation and protection. The inclusion of this aspect creates a basis for judicial application and resolution of disputes related to the use of personal data in civil relations. In addition, it contributes to the protection of the rights of data subjects and ensures transparency and predictability of their legal regime. Thus, the need to qualify personal data in civil law not only corresponds to modern trends in the development of society, but also contributes to its sustainable functioning in the digital economy.
Keywords:
regulatory mechanism, legal defence, public law, private law, civil turnover, intangible good, legal regime, personal data, civil relations, cross-sectoral nature