Practical law manual
Reference:
Bosyk O.I.
Consequences of non-payment of a share in the authorized capital of a limited liability company at its establishment
// Legal Studies.
2024. № 8.
P. 1-12.
DOI: 10.25136/2409-7136.2024.8.71361 EDN: NBIFWN URL: https://en.nbpublish.com/library_read_article.php?id=71361
Abstract:
The purpose of the study is to develop and construct new theoretical provisions on the consequences of non-payment of a share in the authorized capital of a limited liability company (hereinafter referred to as the company) at its establishment. Tasks: to identify the importance of the formation of the company's authorized capital at its establishment, to establish a causal relationship between the fulfillment of the obligation to pay a share in the authorized capital and the loss of participant status, to determine the legal nature of liability for violation of the obligation by the founder. Research hypothesis: non-payment of a share in the authorized capital of a limited liability company at its establishment entails the involvement of the founder in pre-corporate liability.The object of the study is the norms containing the consequences of non-payment of a share in the authorized capital of a limited liability company at its establishment. Research methods: dogmatic, historical, comparative legal. The dogmatic method made it possible to understand and explain the meaning of the law on the consequences of non-payment of a share in the authorized capital of a company at its establishment. The importance of dogmatics for civil law is difficult to overestimate due to the fact that it allows for a detailed analysis of a complex rule of law. The historical method was used in the study of the formation of norms on the consequences of non-payment of a share in the authorized capital of a company at its establishment, taking into account current events in the country. The comparative legal method was used to analyze the norms of Russian and German legislation. The choice of the country of foreign law was determined by the history of the development of civil law and observance of the traditions of Roman law. Results: the formation of the authorized capital of the company at its establishment has a complex legal structure; there is a direct causal relationship between the payment of a share in the authorized capital by the founder and his right to participate in the management of a limited liability company; payment of a share in the authorized capital of the company at its establishment is a transaction. The consequence of non-payment of a share in the authorized capital when establishing a limited liability company is the onset of pre-corporate liability, which consists of property and non-property. The first is to apply a penalty to such a person in accordance with the provisions of the establishment agreement. The second is in the absence of the actual possibility of exercising the rights of participation at the request of other members of the society.
Keywords:
legislation, duty, fraction, civil law, corporation, the consequences, founder, Share capital, legal relations, responsibility
Law and order
Reference:
Bakradze A.A.
Questions of qualification of complicity of all members of an organized group as co-perpetrators of a crime
// Legal Studies.
2024. № 8.
P. 13-23.
DOI: 10.25136/2409-7136.2024.8.71384 EDN: QBYOBH URL: https://en.nbpublish.com/library_read_article.php?id=71384
Abstract:
The author analyzes separate explanations of the Plenum of the Supreme Court of the Russian Federation regarding the qualification of the actions of all members of an organized group as co-perpetrators of a crime, regardless of their actual role, i.e. without reference to Article 33 of the Criminal Code of the Russian Federation. The author examines the structure of an organized group with one perpetrator, including in crimes with a special subject, compares various common features forms of complicity, clarifies the legal meaning of joint criminal activity, studies the actions of a participant in a criminal community (criminal organization) who is not the perpetrator of a specific crime, but in accordance with the distribution of roles within this community performing the functions of an organizer, instigator or accomplice. Judicial practice (case law) is given, solutions are proposed aimed at optimizing the criminal law and its practice applications. The methodological basis of the research was made up of general scientific methods: analysis and synthesis, logical, as well as private scientific methods: formal logical, comparative legal, and system analysis. Based on the results of the study, the author outlined some areas in which criminal legislation and the practice of its application can develop. Using the original argumentation, the structure of an organized group with one perpetrator is considered, including in crimes with a special subject. The issues of the validity of the qualification of the actions of all members of an organized group and a participant in a criminal community (criminal organization) who is not the perpetrator of a specific crime, but in accordance with the distribution of roles within this community performing the functions of an organizer, instigator or accomplice, as co-perpetrators of a crime, regardless of their actual role, i.e. without reference to art. 33 of the Criminal Code of the Russian Federation, and the need to return to the practice of qualification by roles.
Keywords:
accomplice, instigator, organizer, special subject, criminal association, organised group, group of persons by prior agreement, co-execution, group of persons, complicity
State institutions and legal systems
Reference:
Kartsevskaya O.A.
Comparative legal analysis of the concepts of "judicial composition" and "composition of the court" in the organization of Russian justice
// Legal Studies.
2024. № 8.
P. 24-39.
DOI: 10.25136/2409-7136.2024.8.71157 EDN: RQDBHN URL: https://en.nbpublish.com/library_read_article.php?id=71157
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Abstract:
The object of this study is a set of legal relations arising in the organization of judicial structures and court structures based on the principles of singleness and collegiality. The subject of this study is the definition of the concepts of "judicial composition" and "composition of the court". The conducted research contributes in the future to the development of a system of theoretical ideas about the principles of collegiality and singleness in the organization of Russian justice, about the criteria for their implementation and the systemic links between these principles and other principles, as well as the development on the basis of proposals designed to correct the relevant provisions of the current legislation of the Russian Federation. The research method is comparative legal analysis, which allows to study the subject both from the standpoint of analytics and comparative studies. The result of the work are the author's definitions of "judicial composition" and "composition of the court". The scope of the results is the development of public law doctrine and current legislation governing the organization of justice in the Russian Federation. The scientific novelty of the research consists in enriching the conceptual apparatus that defines the elements of the justice system, as well as in suggesting a possible direction for reforming the current legislation of the Russian Federation regulating the organization of justice. The conclusion is that the proposed differentiation of concepts is designed to achieve both doctrinal uniformity and, in the legislative sphere, to help eliminate conflicts through unification. The introduction of these definitions into scientific circulation in the future may lead to changes in the relevant procedural codes.
Keywords:
collision, definition, current legislation, the doctrine, justice, organization, judicial composition, composition of the court, comparative legal analysis, unification
JUDICIAL POWER
Reference:
Morhat P.M.
A comparative legal study of the practice of considering legal disputes related to the use of artificial intelligence in the Anglo-Saxon legal system and Russia.
// Legal Studies.
2024. № 8.
P. 40-57.
DOI: 10.25136/2409-7136.2024.8.71576 EDN: RKJAYI URL: https://en.nbpublish.com/library_read_article.php?id=71576
Abstract:
The article examines the experience in regulating artificial intelligence technology through the prism of judicial practice in Russia and the United States. The emphasis is laid both on the current regulatory framework and on a detailed study of case law, taking into account the potential broad interpretation of current approaches to regulating AI in the absence of comprehensive regulatory legal acts covering extensive segments of public relations. The purpose of this study is to determine the differentiated approaches inherent in the Anglo-Saxon and domestic judicial systems when considering disputes involving the consequences of the use of AI. The objectives of the study include generalizing judicial practice, defining doctrinal approaches to the subsequent regulation of AI and developing tools for prospective comprehensive regulation of AI, taking into account the need to maintain a balance of interests of both users and developers of AI. The research methodology includes systemic, structural-functional, hermeneutic and comparative legal methods. Conclusions are formulated on the need to develop a comprehensive regulation of AI technology, taking into account the current specifics of the consideration of legal disputes in Russia and the Anglo-Saxon legal system, common and different approaches to the consideration of disputes are noted, additional compensatory measures are proposed for the effective regulation of the use of AI technology. The need to identify a separate category of court cases related to AI technology to simplify the analysis and develop a unified practice for this block of disputes was noted. When analyzing domestic and foreign practice of considering disputes related to the use of artificial intelligence, the fundamental need to maintain the principle of balance between the interests of society and developers was noted, taking into account the risks that were identified during the analysis of Anglo-Saxon judicial practice and legal regulation.
Keywords:
information technology, public law, generative AI, banking law, copyright, comparative legal research, judicial practice, artificial intelligence, deep fake, chatGPT
Law and order
Reference:
Revenko N.I.
Material and electronic-digital traces as an element of the forensic characteristics of frauds committed in the way "Your relative got into trouble"
// Legal Studies.
2024. № 8.
P. 58-66.
DOI: 10.25136/2409-7136.2024.8.71604 EDN: RZJBHD URL: https://en.nbpublish.com/library_read_article.php?id=71604
Abstract:
The subject of the study is the material and electronic-digital traces formed during the commission of fraud in the way "Your relative got into trouble". Despite the fact that the fraudster communicates with the victim by phone remotely, when committing fraud, there remains a certain set of material traces, the detection and investigation of which will allow to identify the fraudster courier and prove the event of the crime. The separation of electronic and digital traces into a separate group is associated with the use of information technology by fraudsters. During the investigation, the investigator seizes and examines such an electronic digital trace as a video recording from the victim's place of residence, from the location of the ATM used to transfer money stolen from the victim. Also, this group of traces includes information contained in the cell phones of the victim and the suspect, which confirm the latter's involvement in the crimes committed as part of a criminal group. The study was conducted using general scientific methods of cognition: analysis, synthesis, deduction, induction, analogy; empirical methods: description, comparison, as well as private scientific methods: legal, sociological, formal legal. The novelty of the study, the conclusions. The analysis of criminal cases made it possible to establish that when committing this type of fraud, there are material traces that allow identifying the fraudulent courier, as well as proving the fact of committing a crime. Depending on the method used, specific traces remain, called in criminology as electronic-digital, which include video recordings from surveillance cameras of a fraudster courier at the moment when he came to the victim for money and transferred them to the account indicated to him through an ATM. The author's position is expressed that with the participation of a suspect during the inspection of video recordings, his testimony should be recorded in the interrogation protocol, and not in the protocol of inspection of objects. A large set of traces is contained in the memory of a cell phone seized from a fraudulent courier.
Keywords:
telephone, Information technology, forensic characteristics, digital footprints, material traces, the victim, cheater, fraud, video recording, the mechanism of trace formation
Трудовое право
Reference:
Rakitina E.V.
Employment relations with this employer: some disadvantages of legal regulation
// Legal Studies.
2024. № 8.
P. 67-81.
DOI: 10.25136/2409-7136.2024.8.71242 EDN: SDTEMA URL: https://en.nbpublish.com/library_read_article.php?id=71242
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The subject of this study is some shortcomings of the legal regulation of employment relations. An employment relationship with a given employer is understood as a relationship mediated by the employment service, as well as direct interaction between a candidate and an employer on employment issues. The article discusses the general aspects of the regulation of selection procedures by the employer, the use of psychophysiological research in the selection of candidates, as well as the existing practice of job offers. Consideration of these issues is relevant due to the lack of labor law regulation of the relevant relations. The purpose of the study is to formulate specific proposals for amendments to labor legislation in order to regulate polygraph testing and the practice of making job offers. When writing the article, the formal logical method was used, as well as methods of systematic and literal interpretation of legal norms. The result of the conducted research are proposals for regulating polygraph testing in employment (verification is carried out at the expense of the employer; with the written consent of the candidate for work; the range of questions asked and the research methodology are subordinated to the purpose of checking the business qualities of a potential employee; the conclusion based on the results of the study cannot be an independent basis for refusal to apply for a job). Proposals on the legal regulation of the job offer are also formulated, concerning its form, content, and options for interaction between the candidate and the employer in various situations. If the terms of the job offer and the terms of the concluded employment contract do not match, priority should be given to those conditions that are more favorable for the employee. In case of non-conclusion of an employment contract, it is proposed to assign the obligation to reimburse expenses incurred by the bona fide party to the employment relationship to the other party.
Keywords:
refusal of employment, employee candidate, job offer, personal data, polygraph test, employee's business qualities, competitive selection, selection procedures, employment, employment relations
Practical law manual
Reference:
Budilina E.I.
The possibility of identifying signs of a person's personality by his digital identity
// Legal Studies.
2024. № 8.
P. 82-93.
DOI: 10.25136/2409-7136.2024.8.71508 EDN: SSBFDG URL: https://en.nbpublish.com/library_read_article.php?id=71508
Abstract:
In this article, the term "digital personality", "digital double", which is new for forensic science, is put forward and the definition of these terms is given. The possibilities of identifying a user by his digital identity in the virtual space are considered. A proposal is put forward to develop methodological recommendations for identifying signs of a person's personality based on his digital identity. The algorithm of actions of law enforcement officers in identifying signs of a digital identity on the Internet is also explained. The expert examinations that are subject to mandatory appointment in the investigation of such types of crimes have been identified. In the course of scientific study of the problem of the possibilities of identifying signs of a user's identity by his digital identity, a step-by-step algorithm of actions of law enforcement officers for an effective process of investigation and disclosure of such crimes is proposed. Methods of analysis, synthesis, deduction and induction were used. The research materials are normative legal acts of the Russian Federation and materials of criminal cases related to crimes committed on the Internet. In our opinion, the scientific novelty lies in the fact that we propose the development and application of a forensic technique for detecting human signs using "digital personality doubles" in the Internet space, as this issue is becoming more relevant today. The method of searching for a "digital personality" is a complex and multifaceted process that requires certain knowledge and skills, as well as the joint work of law enforcement agencies and moderators of various services on the Internet. Even more difficult is the conduct of scientific research aimed at establishing the digital identity of the human physical body. Currently, most crimes are committed using digital technologies, therefore, such a technique is becoming necessary for law enforcement agencies and cybersecurity specialists. Given these conditions, the question arises about the forensic aspects of establishing a "digital identity". The method of identifying signs of a person's identity based on his digital identity is a comprehensive approach that includes the development of an algorithm for the investigator's actions, conducting user data checks, creating a database and organizing cooperation with Internet service providers. Its purpose is to accurately build an algorithm for the investigator's actions to effectively investigate and solve crimes and protect users from potential crimes.
Keywords:
The Internet, services, appointment of examinations, online dating, interaction with moderators, Internet service provider, identification, the algorithm of actions, digital twin, digital identity
Трудовое право
Reference:
Shishulina T.P.
Problems of legal regulation and organization of rotational work in the northern regions
// Legal Studies.
2024. № 8.
P. 94-109.
DOI: 10.25136/2409-7136.2024.8.71105 EDN: ZEYZRU URL: https://en.nbpublish.com/library_read_article.php?id=71105
Abstract:
The object of the study is labor relations developing in the northern regions. The subject of the study is regulatory legal acts devoted to the legal regulation of labor of persons working and living in the northern regions, special legal literature devoted to the consideration of this issue. Particular attention is paid to the study of the regulation of labor relations under the rotation method of work. Today there is a need for an in-depth analysis of the impact of this method on social relations, the health of workers and their social adaptation, as well as legal regulation of issues of wages and working conditions. Based on the analysis, conclusions are drawn that the provision of human resources in the context of the development of the northern regions is an essential component of strategic planning that requires special attention, given the negative migration trends manifested by the outflow of population from these regions. The research methodology is based on the fact that the shift method, or rather the interest in it, expands beyond the technical and economic aspect, also covering the social, psychological and legal aspects of its application. As a result of the study, the following conclusions were formulated: it is important to pay attention to research and analysis aimed at identifying the main challenges and problems in the field of labor regulation in the north; establish a federal body that will deal with the registration and classification of rotation workers and Arctic base cities; provide housing and relocation support for all employees and create conditions to meet the leisure and sports needs of shift workers, ensuring comfortable living through the improvement of the urban environment. It is important to involve corporate structures in cooperation with municipalities to implement infrastructure development projects.
Keywords:
guarantees and compensation, social programs, control mechanism, rotational migration, labour organization, Arctic zone, regions of the Far North, shift method, worker, Labor Code