Reference:
Skachkov, N.G..
Conflict of laws issues of legal
regulation of maritime transportation
of hazardous cargo
// LEX RUSSICA (Russian Law).
2014. № 4.
P. 437-449.
DOI: 10.7256/1729-5920.2014.4.64196 URL: https://en.nbpublish.com/library_read_article.php?id=64196
Abstract:
The article concerns the norms of Russian law of late XV – early XVI centuries on definition and forms
of manifestation of treason against the Grand Prince of Moscow and all Russia. The author analyzes the texts
of the treaties among the Princes and the cross-kissing writs. Special attention is paid to the obligations, the
failure to fulfill which was regarded as treason against the Sovereign Ruler of all the Russia”. It is noted that
the treaties provided for the following obligations “not to be friends and not to correspond with the enemies
of the Sovereign Ruler”, wish him good, “not to gather and compromise” with anyone “for harm” to the Ruler,
to inform the Ruler on everything concerning him “for bad or for good”, to follow the land rights of the Grand
Prince, not to offend, not to limit by any trickery. The cross-kissing writs also provide for the obligations not to
immigrate, to serve the Prince, the Princess and their children for truth without any trickery, not to think or do
any evil to them, and to inform the Ruler of any coming threat. The general conditions for all of the forms of
treason was the matter characterizing the method of committing the crime, which was the failure to fulfill the
obligations taken under oath and abuse of trust as well as violation of the oath. Violation of obligations to the
sovereign of all the Russia given with the cross-kissing oath in the early XVI century was regarded as more than just treason against a specific Prince, but rather a treason against the entire Moscow state, as personified by
the Grand Prince, and such a treason was condemned by the church.
Keywords:
history of law, the Grand Princedom of Moscow, the Sovereign Ruler of all the Russia, the treaties among the Princes, the cross-kissing writes, the religious oath, treason against the sovereign ruler, bail writs, condemnation writ, treason cases.
Reference:
Shakhnazarov, B.A..
Modernization of the copyright law
in the Russian Federation within
the framework of the WTO
membership conditions
// LEX RUSSICA (Russian Law).
2013. № 3.
P. 291-301.
DOI: 10.7256/1729-5920.2013.3.62504 URL: https://en.nbpublish.com/library_read_article.php?id=62504
Abstract:
This article is devoted to the development of the Russian copyright law, and to the amendments to
the Part 4 of the Civil Code of the Russian Federation within the framework of negotiations on the Russian
membership in the WTO, as well as to the obligations of the Russian Federation to amend its legislation on the issues of copyright and allied rights, as well as the rights for the industrial property. The author notes the
important vector of the TRIPS Agreement, as an inalienable part of the packet of the WTO treaties. The author
comes to the conclusion that the provisions of the TRIPS Agreement should be applied directly, including
the cases when the state uptakes an obligation to adapt it into the national legislation The article includes
detailed analysis of the issues, which were objects for the discussion of the working group regarding membership
of Russia in the WTO and the position of the representatives of Russia. The problems of correlation of
the Russian legislation with the TRIPS Agreement provision touch upon the issues of exclusive rights, specific
features of property rights to some copyright objects, as well as to the closed information, which is protected
in case of sale and registration of the pharmaceutical and agro-chemical projects.
Keywords:
jurisprudence, copyright, the TRIPS, the Part 4 of the Civil Code of the Russian Federation, amendments, the accession report, protection, faire use, agreement of the author, exclusive rights.
Reference:
Shakhnazarov, B.A..
The WTO and modernization
of the legal regulation
of foreign economic activities
in the Russian Federation
// LEX RUSSICA (Russian Law).
2013. № 1.
P. 105-114.
DOI: 10.7256/1729-5920.2013.1.62381 URL: https://en.nbpublish.com/library_read_article.php?id=62381
Abstract:
The article is devoted to the issues of improvement of legal regulation of the foreign economic activities
in the Russian Federation, considering its membership in the WTO. The article includes analysis of the
key conditions for Russian Federation in the WTO in the different spheres of its economy, such as metallurgy,
agriculture, natural resources, car industry, and services, copyright. The author also evaluates various spheres
of Russian legislation, where the amendments took place during the negotiations on Russia entering the WTO.
The important role of the principles of WTO, such as national regime and freedom of international transit, are
noted. Special attention is paid to the correlation of the norms of the Customs Union with the WTO law. The
author analyzed the nature of legal norms of the Customs Union and other trade agreements, including the
WTO agreements, and he makes the conclusion on the international legal character of the latter ones, which
in the point of view of the author, may provide for the possibility of their direct application under part 4 of the
Art. 15 of the Constitution of the Russian Federation and the formation of the relevant legal systems.
Keywords:
jurisprudence, the WTO law, the WTO principles, the international transit, the foreign economic activity, foreign trade, the GATT, the conditions for joining, obligations, the Customs Union.
Reference:
Tyagai, E.D..
On the issue of organizational
and legal forms of the offshore
companies: the civil law approach
// LEX RUSSICA (Russian Law).
2013. № 1.
P. 115-125.
DOI: 10.7256/1729-5920.2013.1.62382 URL: https://en.nbpublish.com/library_read_article.php?id=62382
Abstract:
The article includes analysis of the key organizational legal forms of legal entities, which are t ypically
used for the commercial activities in the offshore zones and jurisdictions, allowing to use beneficial tax,
financial, information, and legal conditions for entrepreneurs. The author provides a critical evaluation of the
utilitarian approaches to the studies of commercial structures in the offshore schemes of business. Attention is
paid to the lack of the necessary terminological unity and system in this sphere. The author points out the civil
law nature of the organizational legal form of a legal entity. From this standpoint, the author studies various
classifications of the offshore organizations, the key legal models for the collective entrepreneurial activities
in the common law states and the continental European states. The author also singles out the differences
between the types of organizational legal forms of legal entities and the various offshore types within the
same form. The author uses the civil law approach to analyze the correlation of the classic organizational legal
forms of legal entities and the similar legal constructions, which are used in the offshore activities, then she
compares them with the new entrepreneurial models, which function within the framework of basic mechanisms
of private law.
Keywords:
jurisprudence, offshore, company, organization, corporation, partnership, companionship, foreign, commercial, taxation.