Keywords: otkaz, korporativnye prava, predmet otkaza, organizatsionnye prava, imushchestvennye prava, vozniknovenie korporativnykh prav, vykhod, prekrashchenie chlenstva, raschet

Keywords: investor, rekonstruktsiya, podryadchik, postradavshaya storona, investitsionnyi dogovor, pravila zashchity prav, kompensatsiya

Keywords: derivativ, sdelka na raznitsu, rynok tsennykh bumag, optsion, forvardnyi dogovor, organizatsionnye torgi, zakon o birzhe, dogovor sui generis, pactum in contrahendo

Abstract: The article concerns the legal nature and the list of fundamental conditions for the contract for the development of the built-ap areas according to the civil and city-planning legislation The conclusion is made that the contract for the development of the built-up area is an entrepreneurial one by its nature, while at the time of its conclusion and implementation there are public law elements due to the interdisciplinary connections between civil and city-planning branches of law. The entrepreneurial nature of this contract is due to the fact that parties to the contract receive mediated profit: part of the housing constructions may be transferred to the property of public law formation. As for the goals, the contract for the development of the built-up area is a causal one, it has limited application period, and it includes remuneration, since there is a cost for the right to conclude the contract and an obligation to pay the repurchase price. The contract for the development of the built-up area is an investment contract, and its legal nature allows to single out its entrepreneurial character.

Keywords: development of a built-up area, construction, fundamental conditions for the contract, development contract, conclusion of a contract, open auction, planning project, developer, registering title to property, administration.

Abstract: The object of studies in this article concerns the analysis of the position of minority shareholders in the companies. This issue requires studying due to the fact that lately legislation attempts to provide minority shareholders with additional protection of the rights and the guarantees of implementation of the rights that they have. Due to this fact in the opinion of the author it is necessary to find out what are the specificities of the minority shareholders in the joint stock company. The article concerns all of the risks, which the minority shareholders face in joint stock companies. When writing this article the author used the following approaches: systemic method, comparative method, formal legal method and comparative legal method. When studying the legal position of the minority shareholders the author came to the following conclusions. Firstly, the main problem in the position of minority shareholders in a joint stock companies is a fact that a joint stock company is perceived as a single entity and not as a community of different shareholders. That is why the shareholders need to establish the joint position as a will of joint stock company. In the process of forming of a common will of the company the shareholders may have irreconcilable differences. In such a situations the minority shareholders have no opportunity to insist on their opinion. Secondly, the majority shareholders may act in abuse of the rights of minority shareholders. Thirdly, in spite of the fact that minority shareholders have invested less money into a joint stock company their basic rights should not be abridged and the state should provide additional guarantees.

Keywords: minority shareholder, majority shareholders, corporate law, rights of shareholders, corporate conflicts, company administration, distribution of dividends, amendments of the Company Charter, General Shareholders Meeting, protection of rights of shareholders.

Abstract: Analysis of the norms regulating keeping of valuables at a bank, and contractual constructions (such as rent and storage), banking rules and contract forms used by a number of credit organizations in order to establish de-facto contents of legal relations, which are formed between a bank and a client regarding keeping valuables in a safety deposit box of a bank. The study of the categories “individual bank safe”, “safety deposit box” mentioned in Art. 922 of the Civil Code of the Russain Federation based upon the analysis of the laws, by-laws and normative technical acts. The methodological basis for the study was formed by the methods of the private law: comparative legal studies, logical, systemic analysis, synthesis, analogy. The theoretical basis for the studies was formed by the works of civil law scholars in the sphere of general theory of obligations and contract law: Agarkov M.M., Ioffe, O.S., Tal, L.S., Antimonov, B.S., Braude, I.L., Grave, K.A., Novitsky, I.B., Zimileva, M.V., Efimova, L.G. As an empiric material the author used the forms of contracts and rules used by credit organizations when providing services for provision and use of bank safety deposit boxes. The author made a conclusion on the presence of the theoretical and practical problems in the sphere of application of Art. 922 of the Civil Code of the Russian Federation due to the absence of an unified approach to the category of “bank safe” in part of use of constructions for the storage and rent contracts in the contracts for the relations between the bank and the client regarding placement of valuable in a storage box. The author establishes the untypical legal nature of relations between a bank and a client in the situation of placement of valuables in a bank deposit box. The author then formulates the contents of such a relation.

Keywords: individual bank safe, safety deposit box, bank vault, contract of rent, contract for safekeeping, contract for the storage, irregular storage, keeping of valuables, security of valuables, responsibility of the bank.

Abstract: The article includes analysis of the specific features of manifestation of fiduciary obligations of the professional participants of the securities marker in American and Russian legal order, using examples from both the modern legislation and legal practice. Since the bases and confidents of these legal events have always been dynamic, attention is paid to legal approaches to the definition of broker responsibility in cases of representation in securities in the American and Russian legal systems. From this standpoint the author evaluates the practice regarding definition of violation of the main principles of fiduciary duties in comparative characteristics. In the opinion of the author the study of foreign legal order allows to transfer the years of legal experience in the broker industry into the forming Russian legal institution and deal with the practical legal problems, which have appeared after the Federal Law “On Securities Market” and to level out the legal defects of broker activities. The Russian legislation has taken a number of universal norms for fiduciary legal relations from the foreign states and mostly from the legislation of the American legal family. The study of the approaches of the American legal science is necessary to show the difficulties in the legal practice and to re-evaluate the existing approach in Russian civil law practice regarding the general attitude to the legal elements of an offence, when a violation of the very principle of fiduciary relations is not recognized as a priority issue, unlike it is in the Western approach, which may have negative impact on the implementation of the very principles of “good faith” and “due care”.

Keywords: services, broker, legal relations, responsibility, harm, good faith, principal, agent, legal competence, securities.

Abstract: The article is devoted to some specific problems, which exist in the sphere of participation of state and municipal institutions within the system of purchases. The normative basis for the competition procedures in the Russian Federation is formed with the provisions of the Federal Laws of July 21, 2005 N. 94-FZ “On placement of orders for supply of goods, performance of works, provisions of services for state and municipal needs”, of July 18, 2011 N. 223-FZ “On purchases of goods, works and services by certain types of legal entities”, as well as by the Federal law N. 44-FZ “On the contract system in the sphere of purchases of goods, works and services”, which enters into force from January 1, 2014 and it provides for a number of novelties for the participation of state and municipal institutions in the competition procedures. The author analyzes the problems regarding contents of a civil law contract of the budget institution, participation of the state (municipal) institutions in the procedures of order placement, application of the Federal Law “On placement of orders for supply of goods, performance of works, provisions of services for state and municipal needs” to the specific types of purchases, and the author also attempts to provide the possible solutions for the problems.

Keywords: institution, contract, agreement, competition procedures, discussion, sale, rent, problem, efficiency, purchases.

Abstract: The article includes comparative analysis of legal regulation of legal relations regarding purchase by the joint stock company of its emplaced shares in Ukraine and in Russia. Such legal relations are regulated by the legislation on stocks and shares in both states, and while it is titled accordingly in Russia, in Ukraine the purchase of its shares by a joint stock company for remuneration is called repurchase of shares, and two types of repurchases are distinguished: on the initiative of the company (voluntary repurchase of shares) and on the initiative of a shareholder (obligatory repurchase of shares). It is proven in the article that there is theoretical and practical viability for the introduction of the said classification in Russia. Additionally, the author uncovers positive and negative features of legal regulation of the said legal relations in Ukraine and in Russia, proposing the measures to avoid these shortcomings. Finally, the author points out the provisions of the Russian legislation on regulation of legal relations regarding purchase by the joint stock company of its emplaced shares, which it would be worth for Ukraine to use, and which provisions of Ukrainian law could be adopted in Russia. The author also discusses the reforms, which both states should have in order to improve the legal regulation of the relevant legal relations, and to consequently guarantee the level of protection of interests of shareholders and joint stock companies.

Keywords: proportional buyback of shares, methods of buyback of shares, voluntary purchase of shares, purchase of shares, comparative legal analysis, purchase of shares by the company, non-proportional purchase of shares, Ukraine, Russia, stocks and shares legislation.

Abstract: In the enforcement proceedings the bank or any other credit organization usually participate as creditors, parties, performing certain enforcement actions. The bank as a creditor may be brought to civil law responsibility under Art. 1102 of the Civil Code of the Russian Federation for the unjustifiable enrichment and it may be brought to administrative responsibility under p. 3 of the Art. 17.14 of the Administrative Offences Code of the Russian Federation. If the bank is a debtor, it has to pay enforcement fee as a measure of responsibility for the failure to perform the requirements of enforcement documents, and it also may be brought to administrative responsibility under p. 1 of Art. 17.14, 17.15 of the Administrative Offences Code of the Russian Federation and certain provisions of the Chapter 19 of the said Code. It is more convenient for the enforcement officers to use the provisions of Art. 17.14 and 17.15 of the said Code, since the proceedings under this article are performed by the officials of the FSCB of the Russian Federation, and the sanctions are greater than those under Chapter 19 of the Code. Special legislative attention is paid to the responsibility of the banks for the failure to perform their obligations on foreclosure of monetary funds of debtors on his accounts. Part 2 of the Art. 17.14 of the Administrative Offences Code of the Russian Federation provides for strict sanctions for such violations. However, the analysis of statistics and judicial practice showed that this article is hardly ever applied efficiently. The reasons for this situation include failure of the enforcement officers to comply to the norms of procedural legislation and legislation on administrative offences, as well as legislation on enforcement proceedings, failure to comply with the procedure for bringing a person to administrative responsibility, to comply with the procedure for forming the protocols on administrative offences, etc. the FSCB should develop detailed regulations on application of part 2 of the Art. 17.14 of the FSCB and to develop professional skills of its officers in the sphere of administrative and procedural legislation Also the banks may be brought to procedural responsibility for such violations under Art. 119 of the Arbitration Procedural Code and Art. 105 of the Civil Procedural Code (judicial fines) and civil law responsibility under Art. 1064 of the Civil Code of the Russian Federation (compensation of harm). However, efficiency of such responsibility is much less than one of administrative responsibility, especially when it concerns the amount of punishment.

Keywords: bank, credit organization, executive proceedings, creditor, debtor, performing enforcement procedures, civil law responsibility, administrative responsibility, procedural responsibility, judicial practice.

Abstract: The object of the study concerns limitations, within which a person (entity) being a participant of civil law relations has an opportunity (legitimate and (or) factual) to influence the process of forming of will of another person, who is also being a party to civil relations. The author pays attention to terminological dissonance between the doctrine and the legislation describing such relations that is why he offers to use the term "enmeshment". The "enmeshment" relations are studied by the author within the framework of tax law with the use of comparative scientific cognition. It is noted that the Tax Code of the Russian Federation does not limit itself to the institution of interdependent persons, when dealing with various aspects of taxation, which require the "enmeshment" relations to be taken into account. The author singles out three approaches to the regulation of "enmeshment" relations among the legal entities, and he offers a classification of the bases for "enmeshment" (providing for five such bases), as well as his own model of establishing the presence of "enmeshment" relations between entities, and makes propositions for the legislative improvement.

Keywords: interdependent legal entities, interdependency, enmeshment, influencing the will, tax law, affiliated entities, group of entities, grounds for enmeshment, managing body, participation share.

Abstract: The article includes analysis of characteristic features of information, being important for the legal practice, such as variety, fixation, and connection to customer (user). Connection to customer (user) has a character of value to an owner due to the lack of knowledge by third parties is understood as confidentiality, and it is a system-forming element for any limited access information, including state secret. The procedure and limitations of access to information in business environment are defined by confidentiality characteristic, as well as to the final goal requiring the need to collect information. The current topical definition of limited access information requires broad interpretation in order to meet the requirements of modern situations, in which entrepreneurial activities take place. It correlates with the philosophical understanding of information as knowledge, contents (data) notwithstanding the form of its representation, for which the current legislation provides certain confidentiality regime, providing for a certain access procedure and liability for the violations in the process of rating, keeping, provision and distribution of such information.

Keywords: limited access information, confidentiality, system-forming element, presence of connection, procedure for access provision, secret, fixation, variety, characteristic features of information, state secret, access regime.

Abstract: The article contains analysis of key theoretical and practical problems regarding recognition of banking secrecyсу as a specific type of secrecy, lawfulness of its application towards information on clients and their dealings, as well as to the temporal period for keeping secrecy. The author offers a definition of banking secrecy, which corresponds to the modern legislative tendencies and judicial practice, providing for wider scope of access to confidential information, at the same time applying the secrecy regime to all of the information of the client of a credit organization. The broader approach to banking secrecy, which does not provide limitations as to the types of information on a client, therefore allowing for various client-related information, better correspond to the current reality. The banking secrecy is understood as a specific legal regime for a limited access to information, introduced towards any information directly regarding a client, including information of the main activities for which the accounts are being used, as well as banking operations and deals, which is obtained during the core activities of a credit organization, a Bank of Russia, organization ensuring bank accounts.

Keywords: constitutional access guarantees, lawfulness, evaluation, regime of access, client information, confidential information, banking secrecy, term, list of data, format of request, character of the information.

Abstract: The article presents analysis of legal definition of subjects of small and medium-scale business enterprises. The author points out the incorrect use of term «economic subject» and «enterprise» within this definition. The author also analyzes the range of potential subjects, which may be included into the category of subjects of small and medium-scale business enterprises. The author expresses a negative opinion towards including noncommercial organizations into the list of subjects in question. The author analyses the criteria for recognition of entrepreneurs as small or medium — scale businesses. While evaluating the criterion of limitation to property formation (independency criterion), the author pays attention to the changes in the legislation, coming into force on October 1, 2013, and she offers to change the formula of the criterion by reference to the 25% combined participation share. The author also supports the position on keeping the existing criteria for the maximum number of number of employees of small and medium-scale entrepreneurs, in spite of the fact that it does not comply with the Russian practice. The author proves the position on the narrow interpretation of the book value of assets and its failure to comply with the current legislation on accounting. The author draws a conclusion that unification of the definition apparatus and formation of unified conceptual approaches towards the contents of the main categories may be regarded as key goals of the doctrine, legislation, and legal practice. The article includes doctrinal positions on topical issues and references to statistical data.

Keywords: small-scale business entrepreneurship, medium-scale business entrepreneurship, small enterprise, medium enterprise, micro-enterprise, and formation of property, number of workers, financial criteria, commercial organizations, and non-commercial organizations.

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.

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.

Abstract: The article includes analysis of the powers provided to the organs of the limited liability company. The author provides an important definition of their correlation.

Keywords: jurisprudence, limited liability company, organ, competence, management model.

Abstract: The article is devoted to the issues of contractor responsibility in auditor services. The author proves that auditors and audit organizations have civil law responsibility to the unlimited range of persons, that is to any user of the audit report. The author then makes a conclusion on the offence-based responsibility of auditors in addition to the contract-based responsibility.

Keywords: jurisprudence, audit, auditor, audit organization, contract-based, offence-based, limits, conditions, specific features, responsibility.

Keywords: Zashchita, prokurorskii nadzor, zhilishchnye prava, anketirovanie.

Keywords: , ,

Keywords: Komissiya, edinovremennaya, v zavisimosti ot ostatka, kreditnyi dogovor.

Keywords: bank, kreditnaya organizatsiya, bankovskaya sistema, aktivy banka, ustavnyi kapital banka, sobstvennye sredstva banka.