Abstract: The subject of this article is the trends of reflection of the problems of national security in the Russian scientific works within the framework social and humanities disciplines as a whole, and jurisprudence in particular. Research methodology is define by uniqueness of the subject matter. Analysis is conducted on the texts of thesis works defended in jurisprudence, economic, sociological, philosophical, and political sciences in the XXI century. Using the level approach, the author proposes classification of scientific works depending on the proximity of their subject to national security as the complex object of study, as well as gives a brief overview of the structure of research from the perspective of different scientific disciplines. Attention is turned to underdevelopment of cross-disciplinary relations within the framework of the universal theory of national security. The author creates a five-level model of the theory of national security that allows ranking research from the applied levels to most abstract. In the context of this model, the author examines methodological approaches towards national security that formed within the framework of different social and humanities disciplines. The conclusion is made on the leading role of political science in creating a cross-disciplinary theory of national security; however, emphasis is placed on the fields available for analysis using solely the legal scientific methodology. Considering the revealed lacuna with regards to fundamental legal research, the need for further theoretical-legal research of national security is substantiated.

Keywords: секьюритология, national security mechanism, National Security Strategy, interdisciplinary research, economic security, support of national security, threats to national security, methodology, science, jurisprudence

Abstract: In view of the continuing interest of the legal community in the problem of the prohibition of contradictory behavior or in the Anglo-American tradition of law – estoppel, the subject of this study is an attempt to determine the legal nature of the so-called norms of the Civil Code of the Russian Federation on estoppel. The topic chosen for the study becomes particularly relevant, since there is no consensus among representatives of legal science regarding the nature of estoppel; it is considered as an intersectoral principle, doctrine, institution of law, sanctions for violation of the principle of good faith, one of the manifestations of the principle of good faith, legal mechanism, etc. The author has attempted to consider estoppel from different angles: through the prism of English contract law (promissory estoppel), from the standpoint of the continental maxim "venire contra factum proprium", in relation to the principle of good faith. The research uses general scientific methods of analysis and synthesis, a systematic approach; special legal methods (comparative legal, formal legal). As a result of the conducted research, we came to the following conclusions. The so-called norms of the Civil Code of the Russian Federation on estoppel are a special case of the doctrine of consistent behavior, known to the continental legal order by the maxim "venire contra factum proprium", which acts as a manifestation of the principle of good faith. Proceeding from this, it is incorrect to designate the above norms as estoppel, because, firstly, even in the Anglo–American tradition, the diversity of types of estoppel does not allow it to be considered as a universal principle, and, secondly, what is understood by estoppel in this system of law does not correspond to its Russian interpretation. In addition, being part of the Romano-Germanic legal family, the domestic legal order does not need to borrow alien legal phenomena, especially when similar legal constructions can not only be found in the depths of centuries, but also trace their evolution in the bosom of the continental legal system, to which Russia belongs.

Keywords: the inadmissibility of contradictory behavior, consistent behavior, prohibition of contradictory behavior, estoppel from the promise, the principle of good faith, estoppel, legal nature, justice, English law, the doctrine of counter-provision

Abstract: The subject of this article is the approaches towards legal nature of mergers and acquisitions. The goal consists in determination of the role of this phenomenon among the established within national legal system forms of organization of legal entities. Alongside the general scientific methods, the author also applies the methods of materialistic philosophy and formal logics, as well as interpretation and comparative jurisprudence. A conclusion is made that the characteristics of mergers and acquisitions exceptionally through the national forms of reorganization appears to be inadequate for determination of the role of this phenomenon. The article analyzes not only the doctrinal works, but also the provisions of foreign legislation that can be useful for the Russian Federation. Reference to the context of civil legal literature, as well as consideration of logical-philosophical, theoretical-legal and civil-legal representations allowed demonstrating an original view upon the subject in question, propose the grounds for substantiation or stipulation such construct. The main conclusion of the conducted research is the fact that the established in Russia understanding of reorganization cannot qualify for the methodological foundation for the more complete mergers and acquisitions. The analysis of foreign experience demonstrates that the common for Russia forms of reorganization can be regulated similarly to other phenomena, which has never been recognized as reorganization in Russia. The obtained results may be used in legislative and expert activity, as well as further theoretical and legal research.

Keywords: effectiveness of legal regulation, legal essence, justification of the design, legal succession, forms of reorganization, reorganization, civil law design, mergers and acquisitions, legal institution, fundamental changes

Abstract: The subject of this research is the concept, characteristics and interrelation of contracts in the area of air transportation. The article is dedication to understanding of legal nature and key elements of air contracts, specificity of their theoretical and practical application, classification; as well as aimed at creation of integral concept of regulatory system. Such understanding is acquired from a broad context of civil law literature and case law. Reference to the provisions of civil law doctrine allowed presenting an original view upon the subject matter, and propose recommendations on the improvement of aviation legislation. The main conclusion consists in the fact that civil law regulation of contracts in the area of air transportation is characterized by the existence of special contracts with peculiar features, which define the content of aviation legislation. With regards to each contractual construct, there emerge various question not only from the perspective of legal regulation and law enforcement (overbooking in the contract of air transportation of passengers), but also scientific approaches toward determination of the concept and nature of a particular contract (qualification of the shipping agreement as a bilateral or multilateral, legal nature of the shipping agreement for air cargo). The absence of universal understanding and interpretation of concept, contradiction of legislation, existence of legal gaps do not contribute to uniformity of aviation legislation, making it complicated for studying and application. The author also reviewed draft laws on regulation of air transportation and separate clauses thereof. Presented analysis reflects only few problematic aspects in the area of air transportation. The acquired results can be used in theoretical legal research, as well as legislative and practical activities.

Keywords: transport agreements, air charter, charter agreement, air cargo carriage, baggage air carriage, passenger air carriage, aviation carriage agreement, air carriage agreement, air legislation, air carriages

Abstract: The subject of this research is the norms of Russian law mediating investment activity that is carried out using digital technologies, development prospects for Russian legislation, as well as theoretical constructs proposed by Russian and foreign experts in development of the category of investing using digital technologies. Special attention in the process of development of legislation is given to the principle of technological neutrality. This author employed general scientific methods of structural-functional analysis and systemic approach, which allowed verifying the acquired results of the scientific research. This work presents a comprehensive analysis of the legal relations emerging as a result of investing using digital technologies. A conclusion is made that digital technologies develop very rapidly, and thus, the legislator must describe the essential features of the mentioned phenomena and legal relations, and prescind from the current level of technology when possible.

Keywords: distributed ledger technology, investor, FinTech, investment platform, crowdfunding, legal regulation, investment activity, token, smart contract, cryptocurrency

Abstract: The subject of this research is the legal regulation of franchising at the current stage of economic development. The object of this research is social relations emerging as a result of conducting business activity in the form of franchising. The present state of legal regulation of franchising in the Russian Federation is being analyzed. Special attention is paid to the aspects of regulation of this institution in the conditions of digitalization. The author examines the prospects of using smart contracts in the sphere of franchising, peculiarities of digital elements within a franchise, concept of digital franchising, and prospects of its regulation. The scientific novelty consists in examination of franchising in the conditions of digital economy from the perspective of analysis and determination of the prospect of legal regulation of this institutions. It is concluded that the improvement of regulation of franchising in the context of digital economy in the Russian Federation is possible through the following avenues: 1) simplified procedure of state registration for granting exclusive rights based on the agreement of commercial concession; establishment of alternative methods of identification of the entity who expresses statement of intention; 2) introduction of amendments to the Part 3 of the Civil Code of the Russian Federation for assigning legal status to such objects as cloud technologies and big data; 3) improvement of norms of the Article 1033 of the Civil Code of the Russian Federation to specify the admissibility of restrictive terms with regards to user activity in the Internet; 4) formulation of regulatory norms for rendering digital services,.

Keywords: regulation, internet site, computer software, exclusive right, intellectual property, digital, contract, franchising, franchise, restrictive terms

Abstract: The subject of this research is the relations derived from swap agreement. The goal of this work lies in determining civil law nature of swap and its types, namely: the credit default, currency, interest rate, and cross-currency interest rate swaps. For achieving the set goal, the author examines such characteristics of swap as the terms of contract, peculiarities of obligations, and specificity of rights and responsibilities of parties of the agreement. These aspects served as the basis for civil law qualification of the agreements under consideration, realized via comparison with the familiar to civil legislation agreement structures. The conclusion is made that the credit default swap depending on the focus is either a purchase and sale agreement, or non-defined contract, or wagering contracts, or preliminary agreement, or an option for concluding a contract. Currency swap is a complex agreement that includes either two purchase and sale agreements, or two barter agreements. Interest rate swap is the wagering contract. While cross-currency interest rate swap is also a complex agreements that combines either two purchase and sale agreements or barter agreement and wagering contract. The presented conclusions meet the criteria of scientific novelty.

Keywords: credit-default swap, interest swap, cross-currency interest rate swap, currency swap, derivatives, swap, hedging, wagering contract, gambling, obligation

Abstract: The subject of this research is the relations deriving from the currency and cross-currency interest rate swap. The goal lies in determination of the civil law nature of the indicated swap contracts. For achieving the set goal, the author examines such characteristics of the currency and cross-currency interest rate swap, as the terms of agreement, peculiarities of obligations created by an agreement, specificity of rights and responsibilities of the parties to an agreement, as well as peculiarities of conclusion of such agreements. Based on the aforementioned aspect, the author conduct the civil law qualification of the agreements, comparing them with the agreements familiar to the Civil Code of the Russian Federation. The conclusion is made that both, currency and cross-currency interest rate swap are not the independent defined or non-defined civil law agreements, but rather represent a package contract incorporating all terms of such agreements as purchase and sale, barter, and wagering. Currency swap, according to which the foreign currency is subject to be purchased with funds, includes two purchase and sale agreements; while if other foreign currency is subject to transfer for another foreign currency, it would require two barter agreements. The cross-currency interest rate swap, in addition to two purchase and sale agreements or two barter agreements, also includes a wagering agreement, according to which the parties are obligated to pay money depending on the changes in the indexes of basic asset. These conclusions serve as the scientific novelty.

Keywords: wagering contract, contract of exchange, sales contract, mixed contract, cross-currency interest rate swap, currency swap, derivatives, swap, loan agreement, obligation

Abstract: The subject of this research is the concept and functions of law. The goal of this work lies in determining the levels of interaction between time and law. The author examines the two levels of such interaction – external and internal. The first establishes the nature, concept, properties and functions of law, as well as its evolution in time (traced on the example of performance of the normative legal act). The second reveals the temporal tools used in law for regulating legal relations (for example, timeframes and terms). Special attention is given to the first of the aforementioned levels of interaction between time and law. As the main research method, the author applies the dialectical method of cognition. The author is first to attempt of interdependent examination of time and law for determining the concept of law and its functions. Framework is established for further research with consideration of the determined two level of interaction – external and internal, as well as the detailed examination of such categories as legal time, stability, inconsistency, continuity, dynamism, etc.

Keywords: Continuity of law, Stability of law, Statistical function of law, Dynamic function of law, Law in time, Temporal analysis, Functions of law, Concept of law, Law, Time

Abstract: The object of this research is the public relations emerging in the process of formation and implementation of law enforcement function of the state. The subject of this research is the theoretical methodological problems and legal grounds of law enforcement function of the state. The author meticulously reviews the main approaches towards recognition of law enforcement function of the state, provides argumentation to such recognition from the perspective of the norms of Russian language alongside the scholars’ relation to law as the positive or objective category, as well as analyzes the content of law enforcement function. The scientific novelty consists in the first attempt in Russian jurisprudence to comprehensively examine the theoretical methodological problems and legal grounds of law enforcement function of the state. The author concludes that the law enforcement function carries features that characterize it as an independent function of the state. In accordance with the standards of Russian language, it is more appropriate to call the function of the state on protection of legal norms the law enforcement function. The law enforcement function implies ensuring law and order and strengthening of lawfulness.

Keywords: Security, Protection of law, Public administration, State, Government , Lawfulness , Law and order, Law enforcement function, Function, Law

Abstract: Modern researchers studying the processes in the area of legal language notice an increase in the frequency of use of professionalisms and professional legal jargon in lawmaking and law enforcement. To assess the relevance of the problem of infiltration of normative lexicon into the sphere of professional activity of the lawyers, the concepts of “term”, “professionalism” and “jargon” need to be defined when applied to legal language. In this work, the author attempts to formulate the principles of their distinction from one another, determine in which situations the official and unofficial lexicon is allowable, and find where professionalisms and professional jargon differentiate from legal and linguistic illiteracy. For these purposes, the author analyzed a number of scholarly works of linguists, and conducted a comparative analysis of several layers of legal language (terms, professionalisms, and jargons).

Keywords: ideal term, legal jargon, term system, legal language, terminology, slang, professional jargon, legal linguistics, professional dialect, legal argument

Abstract: This article analyzes the key trends of development of the legislation on holding companies, expounds the legal regulation of activities of companies with specific legal status expressed in their dependence on the will and interests of other legal entities. The work gives definition to the concept of subsidiaries, classification of obligations, criteria of delegation of responsibilities, analyzes the problem of legal regulation of internal relations between the parties in the holding structure, and explores questions pertaining to regulation of liability of the parent company on obligations of the subsidiary according to the laws of the Russia and France. Analysis of the Russian and French laws in regulation of civil legal liability of the parent companies on obligations of the subsidiaries demonstrates that there are differences in the concept of subsidiary and establishment of the dependent relations, control, participation of the parent company in the subsidiary, and source of regulation. The French law can be recognized as more flexible compared to Russian and more loyal in the principles of dependent relations of the companies.

Keywords: French corporate legislation, civil legal liability, joint liability, vicarious liability, corporate member liability, parent company, subsidiary, corporate veil, limited liability, Russian corporate legislation

Abstract: The subject of this research is the social relations established in the process of functioning of the mechanism of differentiation and individualization of positive legal responsibility. The author in examines differentiation as a principle of responsibility and a principle of legal policy that create grounds for implementing individualization of the legal responsibility. The author reviews various levels of differentiation of the positive legal responsibility, as well as gives particular attention to the operation of civil society institutions in the context of differentiation mechanism alongside the incentive sanctions and reward. The article analyzes the general, sectoral, and special legal statuses from the perspective of differentiation of the legal responsibility, as well as defines the impact of differentiation upon the formation of terms for individualization the positive legal responsibility. In addition, the author defines the role of the alternative sanctions within the examined mechanism. The research results demonstrate that the differentiation mechanism carries a multilevel character, as well as interrelated with the mechanism of legal regulation, legislative process, but is not reduced to them. The outcome of the mechanism of differentiation is manifested in the creation of conditions for individualization of legal responsibility, as well as the lawful behavior that is realized in general regulatory and relative legal relations. Conclusion is made on the number of elements of the mechanism of differentiation of positive legal responsibility.

Keywords: Incentive sanctions, infraction, positive responsibility, principles of responsibility, differentiation, legal responsibility, Individualization, Lawful behavior, Legal status, alternative sanctions

Abstract: In this study, the author considers a new phenomenon in the Russian legal order - the public interest law. The theoretical preconditions for the formation of the concept of the law of public interest through the prism of the convergence of private and public law are analyzed, and certain norms of civil legislation concerning the protection of public interest are given. In the course of the research, the author comes to the conclusion that the effectiveness of solving the problem of defining the public interest law should be determined by the necessity of its objective existence as such. It should be kept in mind that, on the one hand, it is necessary to create conditions for a uniform understanding of the category of "public interest", excluding its broad interpretation for the benefit of private or public law, on the other - establishing criteria, methods and mechanisms for implementing and protecting public interest by using norms of both, private law and public law. In addition, the author concludes that the concept of public interest law in its Americanized perception cannot be fully accepted in the Russian legal field, since it significantly impoverishes the idea of protecting public interest in general.

Keywords: the concept, human rights mechanism, dichotomy, public law, private law, public interest, law, interest, harmonization of interests, balance of interests

Abstract:   The subject of this research is the economic analysis of law, its place and role within the system of methods of juridical science. The author examines various situations existing in legal reality for determination of the potential failures, opportunities, and limitations in implementation of the method of economic analysis of law in juridical science. Particular attention is given to such aspects of the topic as the failures of economic analysis of law and its limitations. Thus, the goal of this work lies in demonstration of the failures, opportunities, and limitation of the economic analysis of law. The scientific novelty consists in determination of the failures and limitations in application of the economic analysis of law, as well as giving definition to the failures and limitations of economic analysis of law. The work also demonstrated that the implementation of economic analysis of law cannot be realized independently from other methods of juridical science, due to the fact that its application “alone” can lead to disregard of such crucial principles of law, as the principle of good faith, principle of justice, principle of humanism, etc.  

Keywords: potential, Legal reality, Legal phenomenon, method, analysis, law, economics, failure, limitation, Methodology

Abstract: The subject of this article is the examination of positions of a contract on realization of the rights of members of associations regarding acquisition or alienation of shares at certain value or circumstances, as well as refraining from such alienation until arrival of certain circumstances. In addition, within the framework of this publication, the author pursues correlation between the conditions on acquisition or alienation of shares and peculiarities of the status of public and private corporations. The author determines the key goals in determination of conditions associated with acquisition or alienation of shares, as well as refraining from such alienation:  1) Resolution of corporate conflicts; ensuring of realization of corporate rights for achieving of goal of a contract and continuation of realization of action on achieving of a set goal; 2) Preservation of the “pool” of shares held by the parties of a contract for participation and voting at general meeting of shareholders.  

Keywords: Alienation, Acquisition, Share, Portion, Private corporation, Public corporation, Sales agreements, Non-corporate rights , Corporate rights, Corporate agreement

Abstract: The subject of this article is the examination of peculiarities of the agreement on exercising the rights of parties of organizations, which consists of the internal positions defined within the framework of the Clause 4 of the Article 66.3 of the Civil Code of the Russian Federation (Part 1). This publication also reviews the opinions of the legal expert regarding the place and role of such agreement among the internal documents of organization, as well as provides the author’s perspective. In addition, the author identifies the understanding of the right to determine these positions in the context of the corresponding agreement within the corporate relations between the parties and organization. Taking into account the peculiarities of corporate relations, it is proven that the right to determine in the agreement of exercising internal positions of the rights of all involved parties of private company, represents the right to unilateral regulation of internal positions, which belongs to all parties within the framework of corporate relations between participant and the company.

Keywords: Corporation, Quasi-internal document, Organization, Decree, Internal document, Article of incorporation, Internal positions, Corporate agreement, Corporate law, Civil law