Reference:
Katkov K..
Legal nature of debt restructuring in a bankruptcy case of a citizen: articulation of the problem
// Law and Politics.
2020. № 5.
P. 68-80.
DOI: 10.7256/2454-0706.2020.5.43328 URL: https://en.nbpublish.com/library_read_article.php?id=43328
Abstract:
The subject of this research is articulation of the problem of legal qualification of a new institution of Russian law – debt restructuring in a personal bankruptcy case. The author sets a goal to determine the scope of problems emerging in examination of a question of legal nature of the debt restructuring plan, and proposes ways of their possible solution. The research covers question such as correlation between the restructuring plan and other categories of the institution of personal insolvency, presence of elements of a deal in the restructuring plan, essence of debt restructuring, as well as court’s role in personal debt restructuring. The empirical base of this research includes materials from case law of both, lower and higher courts. The scientific novelty of this work consists in the approach towards definition of the essence of restructuring plan that is principally different from other versions in literature, namely the qualification of the restructuring plan as a legal claim, rather than a civil law deal. The author advances a concept, according to which the obligations on debt restructuring stem from a court order, rendered in response to demands of parties (or party) in a personal a bankruptcy case expressed by presentation of restructuring plan to the court. Based on this concept, legal practitioners intending to argue a restructuring plan, are recommended to file an appeal for court order on confirmation of restructuring plan, or with a motion on its annulment by the court, rather than with a request to find the restructuring plan an invalid deal.
Keywords:
creditor, contract, unilateral transaction, financial recovery plan, debt restricting plan, bankruptcy proceedings, private bankruptcy, debtor, list of creditors, modification of obligations
Reference:
Belikova K.M..
Bioprinting and culture of tissues and organs in the BRICS countries (on the example of Brazil, India, China, and South Africa): approaches of legislation on intellectual property
// Law and Politics.
2020. № 5.
P. 35-57.
DOI: 10.7256/2454-0706.2020.5.43337 URL: https://en.nbpublish.com/library_read_article.php?id=43337
Abstract:
This article examines the legal regulation of bioprinting (3D printing) and culture of tissues and organs in the BRICS countries through the prism of protection of intellectual property. The work demonstrates the means of protection of results acquired at each stage of bioprinting by the norms of copyright and patent law, as well as touches on the questions of the need (possibility) for patenting of “bioprinters”, “bioinks”, “biopapers”, etc. The goal of this research is to determine the necessary and possible boundaries for patenting (copyright law protection) of the means, products, processes and their moral-ethical acceptance in the society. The novelty of this work consists in a comprehensive analysis of the approaches of BRICS countries towards development, legal formalization and protection of bioprinting and culture of tissues and organs as medical and non-medical technologies from the perspective of intellectual property law. The author attempts to answer the question of (non)patentability of the process (means) and result (product) of bioprinting of tissues and organs, the “bioprinters” themselves, as well as the “bioinks” and “biopapers” they use. With regards to (non)patentability of tissues and organs acquired through 3D printing, a conclusion is made that there is an unfavorable environment for their patenting, though their production, in the author’s opinion, should the right to patenting providing that they meet the criteria (other conditions) set by patenting law of a particular country.
Keywords:
patenting, bio-inventions, intellectual property, organ cultivation, 3D printing of organs, bioprinting, BRICS countries, copyright protection, bioethics, products and methods
Reference:
Zatonova D..
Property liability of expert witnesses (articulation of the problem)
// Law and Politics.
2020. № 4.
P. 1-17.
DOI: 10.7256/2454-0706.2020.4.43325 URL: https://en.nbpublish.com/library_read_article.php?id=43325
Abstract:
This article is dedicated to the search of the answer to the question of whether or not an expert witness carries civil legal (property) liability for providing flawed expert opinion that the court refuses to admit as the valid evidence in a case. An attempt is made to answer the question of whether compensation of the expert can be lowered; should the initial expert’s testimony be paid if the court requires second opinion; can the court refuse payment to the expert witness or a conclusion must be made that expert witnesses have immunity from property liability. Based on the results of analysis of arbitration court case law it is determined that in majority of the cases courts conclude that despite an ill-prepared expert testimony, compensation of the expert witness cannot be decreased or unpaid, while independent claim against the expert will not be satisfied. Such approach of the judicial system testifies that expert witnesses have de-facto immunity from civil liability, despite the fact that such immunity is not covered by the legislation. Moreover, there is a principle of general tort, according to which any damages, including those inflicted by an expert witness, are subject to compensation.
Keywords:
expert's responsibility, claim to an expert, tort liability, defects in the expert report, immunity of a judicial expert, civil liability, property liability, judicial expert, improper evidence, re-examination
Reference:
Almieva A.A..
On certain aspects of counteracting corruption in electoral process
// Law and Politics.
2020. № 1.
P. 65-71.
DOI: 10.7256/2454-0706.2020.1.43302 URL: https://en.nbpublish.com/library_read_article.php?id=43302
Abstract:
The subject of this research is the separate provisions of legislation on elections, as well as the law enforcement practice in light of their correspondence with legislation on countering corruption – the new vector of research in electoral law. The object of this research is the social relations in the area of elections. The author examines the instance of consolidating the powers of the territorial electoral commission and electoral commission of a municipal formation, as well as the practice of information support of elections by mass media, established by the candidates and political parties. Special attention is paid to the corruption risks. Methodology is based on the sociological approach to corruption reflected in the works of Pierre Bourdieu, particularly the practice of delegation of powers. The following conclusions were made: 1) since electoral commissions are not under supervision of the prosecutor’s office, there is a gap in delegation of the functions of control over the decisions, actions or inactions of electoral commissions; 2) delegation of the function of information support of elections by mass media established by the political parties and candidates contains corruption risks. The author’s special contribution consists in recommendations aimed at overcoming political inequality in electoral process with reference to the indicated problems. The novelty consists in application of sociological approach towards examining the practice of holding elections.
Keywords:
conflict of interest, political inequality, delegation of authority, election commissions, abuse of media freedom, combination of powers, elections, corruption, head of municipality, electoral process
Reference:
Arslanov K.M., Safin R.R..
On the prospects of legal regulation of labor relations
// Law and Politics.
2018. № 2.
P. 77-84.
DOI: 10.7256/2454-0706.2018.2.42995 URL: https://en.nbpublish.com/library_read_article.php?id=42995
Abstract:
The subject of this research is the positions of the Russian legislation, law enforcement practice, as well as the existing in legal science views on the problems of agreement-based regulation of relations in the area of labor. The authors meticulously examine the interaction between civil and labor law. Particular attention is given to the questions of the cross-sectoral linkages of the two branches, which has recently acquired special scientific relevance. This is encouraged by the development of legislative system and necessity of practical implementation. The civil and labor law remain in constant interaction and development; thus, it is necessary to ensure the balance between civil legal and labor legal regulation of social relations endued into the agreement-based form. The article applies the cross-sectoral method of scientific analysis, as well as provides forecast of the development of legal regulation of the agreement-based form of relations in the area of labor. The authors substantiate the position that the future achievement of establishment of the systemic regulation of relations in the area of labor requires ensuring the interaction between the civic and labor law. It is pointed at subsidiary application of the norms of civil law to labor relations. The article provides an original understanding on the development of legal regulation in the area of labor, considering the interaction between civil and labor law.
Keywords:
interaction, approach, law, agreement, labor, services, work, activity, legal regulation, civil law
Reference:
Yarovenko V.V..
Commercial dermatoglyphic testing and criminalistics dermatoglyphics
// Law and Politics.
2017. № 7.
P. 100-109.
DOI: 10.7256/2454-0706.2017.7.43082 URL: https://en.nbpublish.com/library_read_article.php?id=43082
Abstract:
This article explicates a position towards the commercial pseudoscientific dermatoglyphic testing, which discredits the dermatoglyphic research. Attention is turned to the inadmissibility of identification of such testing with the criminalistics dermatoglyphics, which level of development is rather high. The author reviews the propositions of the scholars, who specialize in the area of forensic and criminalistic dermatoglyphics, as well as practical determination of various characteristics of a human based on the maximally full volume of qualitative and quantitative dermatoglyphic signs. This article represents an analysis of the insufficiently reasoned critical position of formation of the criminalistics dermatoglyphics theory, as well as ways for resolution of the diverse diagnostic tasks. It is aimed at establishment of the objective assessment of the current status of theoretical and practical research of criminalistic dermatoglyphics as a constituent of the sector of criminalist technique – trace evidence.
Keywords:
expertise, fingerprint maps, papillary pattern, criminalistics, dermatoglyphics, diagnostics, testing, study, serial killers, criminal behavior