Pub Date : 2021-02-04DOI: 10.18572/2070-2140-2021-1-3-7
S. G. Dolgov
Within the framework of this article, an analysis of the points of view of the authors, who in their works touched on the problems associated with the impossibility of bringing taxi aggregators to civil liability, was carried out, it was revealed that the current regulatory legal acts do not contain a direct rule providing for the liability of taxi aggregators, it was concluded that that the absence of legislation at the federal level creates problems for victims who have suffered from the dishonest actions of taxi drivers to receive compensation for the damage to life and health caused by road accidents, an analysis of judicial practice confirming the problem of bringing taxi aggregators to justice.
{"title":"The Civil Law Liability of Taxi Aggregators","authors":"S. G. Dolgov","doi":"10.18572/2070-2140-2021-1-3-7","DOIUrl":"https://doi.org/10.18572/2070-2140-2021-1-3-7","url":null,"abstract":"Within the framework of this article, an analysis of the points of view of the authors, who in their works touched on the problems associated with the impossibility of bringing taxi aggregators to civil liability, was carried out, it was revealed that the current regulatory legal acts do not contain a direct rule providing for the liability of taxi aggregators, it was concluded that that the absence of legislation at the federal level creates problems for victims who have suffered from the dishonest actions of taxi drivers to receive compensation for the damage to life and health caused by road accidents, an analysis of judicial practice confirming the problem of bringing taxi aggregators to justice.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"28 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72387727","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-04DOI: 10.18572/2070-2140-2021-1-32-35
Oksana S. Struzhinskaya
The article considers the legal characteristics of membership in a self-regulating organization in the financial market. Attention is drawn to the need to distinguish, first, the relations between a self-regulating organization in the financial market and its members, which are characterized as corporate with a complicated public element, and, second, the relations between a self-regulating organization and its associate members, which do not have a full set of corporate rights and obligations, and whose legal status is determined by the named organization. The article proves the need to improve the current Russian legislation on the legal status of members and associate members of self-regulating organizations in the financial market.
{"title":"The Legal Nature of Membership in a Self-Regulated Organization in the Financial Market Sphere","authors":"Oksana S. Struzhinskaya","doi":"10.18572/2070-2140-2021-1-32-35","DOIUrl":"https://doi.org/10.18572/2070-2140-2021-1-32-35","url":null,"abstract":"The article considers the legal characteristics of membership in a self-regulating organization in the financial market. Attention is drawn to the need to distinguish, first, the relations between a self-regulating organization in the financial market and its members, which are characterized as corporate with a complicated public element, and, second, the relations between a self-regulating organization and its associate members, which do not have a full set of corporate rights and obligations, and whose legal status is determined by the named organization. The article proves the need to improve the current Russian legislation on the legal status of members and associate members of self-regulating organizations in the financial market.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85380805","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-04DOI: 10.18572/2070-2140-2021-1-40-43
I. Syubareva
The article reviews the issues of harmonization of the educational and civil legislation norms in regards to organizational and legal forms of legal entities in the sphere of education, taking into consideration constitutional norms and guidance norms of the model legislation. It examines advantages and disadvantages of legal entities in the sphere of education in organizational and legal forms of the institution, the autonomous non-profit organization. Problem solution is proposed in the line of enhancement of the educational legislation in regards to assignment of organizational and legal forms of legal entities in the sphere of education.
{"title":"Legal Entity Forms in Education: Law Harmonization Issues","authors":"I. Syubareva","doi":"10.18572/2070-2140-2021-1-40-43","DOIUrl":"https://doi.org/10.18572/2070-2140-2021-1-40-43","url":null,"abstract":"The article reviews the issues of harmonization of the educational and civil legislation norms in regards to organizational and legal forms of legal entities in the sphere of education, taking into consideration constitutional norms and guidance norms of the model legislation. It examines advantages and disadvantages of legal entities in the sphere of education in organizational and legal forms of the institution, the autonomous non-profit organization. Problem solution is proposed in the line of enhancement of the educational legislation in regards to assignment of organizational and legal forms of legal entities in the sphere of education.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"46 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73813890","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-04DOI: 10.18572/2070-2140-2021-1-44-45
O. Fonotova
The review covers the main provisions and conclusions presented in Olga A. Ternovaya’s monograph “The Key Tendencies of the Foreign Corporate Legislation Development”. As a result of the research the author of the monograph reveals such current trends of modern corporate law development as digitalization, socialization, harmonization of norms on counteraction to erosion of taxable base and norms on corporate governance, democratization of corporate regulation, perfection of regulation of transborder bankruptcies. Olga A. Ternovaya’s work undoubtedly contributes to the development of domestic scholarship on corporate law of foreign jurisdictions.
{"title":"A Review of the Monograph The Main Tendencies of the Development of Foreign Corporate Laws by Olga A. Ternova","authors":"O. Fonotova","doi":"10.18572/2070-2140-2021-1-44-45","DOIUrl":"https://doi.org/10.18572/2070-2140-2021-1-44-45","url":null,"abstract":"The review covers the main provisions and conclusions presented in Olga A. Ternovaya’s monograph “The Key Tendencies of the Foreign Corporate Legislation Development”. As a result of the research the author of the monograph reveals such current trends of modern corporate law development as digitalization, socialization, harmonization of norms on counteraction to erosion of taxable base and norms on corporate governance, democratization of corporate regulation, perfection of regulation of transborder bankruptcies. Olga A. Ternovaya’s work undoubtedly contributes to the development of domestic scholarship on corporate law of foreign jurisdictions.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87141830","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-04DOI: 10.18572/2070-2140-2021-1-15-17
E. F. Evseev
In this paper, we study the correlation between legal doctrines of merchantability warranty of goods and assurances of quality of goods as a particular case of assurances of circumstances. The possible similarities, but especially differences, have been pointed out. The position of necessity of their identification and differentiation has been presented. The paper also describes the difference between the legal consequences of a breach of the merchantability warranty and the quality assurance as well as some other differences in the legal regulation arising from their correlation.
{"title":"Goods Quality Guarantee and Goods Quality Assurance: The Correlation and Demarcation Issue","authors":"E. F. Evseev","doi":"10.18572/2070-2140-2021-1-15-17","DOIUrl":"https://doi.org/10.18572/2070-2140-2021-1-15-17","url":null,"abstract":"In this paper, we study the correlation between legal doctrines of merchantability warranty of goods and assurances of quality of goods as a particular case of assurances of circumstances. The possible similarities, but especially differences, have been pointed out. The position of necessity of their identification and differentiation has been presented. The paper also describes the difference between the legal consequences of a breach of the merchantability warranty and the quality assurance as well as some other differences in the legal regulation arising from their correlation.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82009078","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-04DOI: 10.18572/2070-2140-2021-1-22-26
Y. Leskova
The article provides a detailed analysis of the court’s decision on the controversial issues of exercising corporate rights and performing corporate duties by members of self-regulating organizations that are not regulated in detail by the current legislation of the Russian Federation. Attention is drawn to the fact that the specific status of the SRO, the special corporate nature of the rights and obligations of its members requires the establishment of special rules in relation to corporate relations that arise between self-regulating organizations and its members.
{"title":"Corporate Rights and Obligations of Members of Self-Regulated Organizations: Some Law Enforcement Issues","authors":"Y. Leskova","doi":"10.18572/2070-2140-2021-1-22-26","DOIUrl":"https://doi.org/10.18572/2070-2140-2021-1-22-26","url":null,"abstract":"The article provides a detailed analysis of the court’s decision on the controversial issues of exercising corporate rights and performing corporate duties by members of self-regulating organizations that are not regulated in detail by the current legislation of the Russian Federation. Attention is drawn to the fact that the specific status of the SRO, the special corporate nature of the rights and obligations of its members requires the establishment of special rules in relation to corporate relations that arise between self-regulating organizations and its members.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"145 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75365723","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-04DOI: 10.18572/2070-2140-2021-1-18-21
Dmitriy A. Malbin
The article deals with an issue of reduction of liability in the civil law. The Civil Code of Russian Federation includes handful rules, which allow the court to reduce liability of a debtor. However, such rules are applicable to different events and there are no universal rules applied to all events of property (economical) liability. For instance the court ought to reduce liability of a debtor in case both a creditor and the debtor are failed an obligation as well as the court is entitled to reduce liability of the debtor when the creditor facilitated increasing an amount of his losses. The court reduces an amount of penalties in event of such the amount is obviously not equal to the result of aftermath that an obligation was failed by debtor. In cases related to damnification the court has the right to reduce liability of tortfeasor based on his property status unless they caused damage intentionally. Yet there are many rules of property liability simultaneously do not allow to reduce such liability, for instance liability for violation of intellectual rights, rights of consumers (when a seller refuses to fulfil a demand of a consumer on his own free will), etc. Since there are sort of such rules, the court occasionally forces to apply the art. 333 of the Civil Code to Russian Federation, meanwhile the legal practice of applying this article is inconsistent. The reason of that inconsistency is there are no legal rules of reducing liability which regard all types and events of property (economical) liability. However the legal practice has a wide experience and knows many methods of reducing property (economical) liability. The author points out that it is time to formulate universal rules of reducing liability applied to all events of property (economical) liability on the basis of scattered rules of the Civil Code of Russian Federation and legal practice of its application.
{"title":"Reduction of Property Liability: Problem Setting","authors":"Dmitriy A. Malbin","doi":"10.18572/2070-2140-2021-1-18-21","DOIUrl":"https://doi.org/10.18572/2070-2140-2021-1-18-21","url":null,"abstract":"The article deals with an issue of reduction of liability in the civil law. The Civil Code of Russian Federation includes handful rules, which allow the court to reduce liability of a debtor. However, such rules are applicable to different events and there are no universal rules applied to all events of property (economical) liability. For instance the court ought to reduce liability of a debtor in case both a creditor and the debtor are failed an obligation as well as the court is entitled to reduce liability of the debtor when the creditor facilitated increasing an amount of his losses. The court reduces an amount of penalties in event of such the amount is obviously not equal to the result of aftermath that an obligation was failed by debtor. In cases related to damnification the court has the right to reduce liability of tortfeasor based on his property status unless they caused damage intentionally. Yet there are many rules of property liability simultaneously do not allow to reduce such liability, for instance liability for violation of intellectual rights, rights of consumers (when a seller refuses to fulfil a demand of a consumer on his own free will), etc. Since there are sort of such rules, the court occasionally forces to apply the art. 333 of the Civil Code to Russian Federation, meanwhile the legal practice of applying this article is inconsistent. The reason of that inconsistency is there are no legal rules of reducing liability which regard all types and events of property (economical) liability. However the legal practice has a wide experience and knows many methods of reducing property (economical) liability. The author points out that it is time to formulate universal rules of reducing liability applied to all events of property (economical) liability on the basis of scattered rules of the Civil Code of Russian Federation and legal practice of its application.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83378694","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-04DOI: 10.18572/2070-2140-2021-1-36-39
Emma V. Kazgerieva, Azret M. Shapsigov
The article discusses the types of debt of non-profit organizations. Judicial practice of debt collection of non-profit organization from its founder (founders) is analyzed. The provision according to which from the founder (founders) of the non-profit organizations it is possible to collect judicially only accounts payable is proved: debt for goods or services; for the issued bills; debt on payments in the budget and off-budget payments; for compensation; for the received advances. The conclusion is substantiated that it is possible to recover the debt from the founder (founders) of a non-profit organization only with subsidiary (additional) liability provided for in some forms of non-profit organizations: in private institutions, associations and consumer cooperatives. It is proved that in other forms of non-profit organizations to collect the debt from its founder (founders) is not provided by law.
{"title":"Collection of Debt from a Founder(-s) of a Non-Profit Organization","authors":"Emma V. Kazgerieva, Azret M. Shapsigov","doi":"10.18572/2070-2140-2021-1-36-39","DOIUrl":"https://doi.org/10.18572/2070-2140-2021-1-36-39","url":null,"abstract":"The article discusses the types of debt of non-profit organizations. Judicial practice of debt collection of non-profit organization from its founder (founders) is analyzed. The provision according to which from the founder (founders) of the non-profit organizations it is possible to collect judicially only accounts payable is proved: debt for goods or services; for the issued bills; debt on payments in the budget and off-budget payments; for compensation; for the received advances. The conclusion is substantiated that it is possible to recover the debt from the founder (founders) of a non-profit organization only with subsidiary (additional) liability provided for in some forms of non-profit organizations: in private institutions, associations and consumer cooperatives. It is proved that in other forms of non-profit organizations to collect the debt from its founder (founders) is not provided by law.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"48 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83068060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-21DOI: 10.24031/1992-2043-2020-20-5-73-89
K. Nam
The civil law, economic turnover of personal data has become in recent years the basis for the development of digital technologies that penetrate into every home and concern each of us. It is known that the modern development of technology, technologies, on the one hand, and the increased attention of society to the need to protect the rights of objectively weaker participants in the turnover, on the other hand, change the traditional approaches of civil law regulation, more and more introduce elements of public law regulation into it. The autonomy of the will of the parties and freedom of contract have long been not the only legal instruments that determine the regulation of certain legal relations. The modern circulation of personal data requires a combination of creating conditions for the further development of technologies while ensuring the protection of the human right to privacy and poses a difficult task for the law to find appropriate legal approaches. This article analyzes the features of the development of legal regulation of circulation and protection of personal data, designed to solve this problem.
{"title":"FEATURES OF THE DEVELOPMENT OF LEGAL REGULATION OF CIRCULATION AND PROTECTION OF PERSONAL DATA","authors":"K. Nam","doi":"10.24031/1992-2043-2020-20-5-73-89","DOIUrl":"https://doi.org/10.24031/1992-2043-2020-20-5-73-89","url":null,"abstract":"The civil law, economic turnover of personal data has become in recent years the basis for the development of digital technologies that penetrate into every home and concern each of us. It is known that the modern development of technology, technologies, on the one hand, and the increased attention of society to the need to protect the rights of objectively weaker participants in the turnover, on the other hand, change the traditional approaches of civil law regulation, more and more introduce elements of public law regulation into it. The autonomy of the will of the parties and freedom of contract have long been not the only legal instruments that determine the regulation of certain legal relations. The modern circulation of personal data requires a combination of creating conditions for the further development of technologies while ensuring the protection of the human right to privacy and poses a difficult task for the law to find appropriate legal approaches. This article analyzes the features of the development of legal regulation of circulation and protection of personal data, designed to solve this problem.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83789331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-21DOI: 10.24031/1992-2043-2020-20-5-105-111
A. G. Arkhipova
{"title":"A FEW WORDS ABOUT THE DEVELOPMENT OF THE CONCEPT OF REFORM OF CHAPTER 48 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION","authors":"A. G. Arkhipova","doi":"10.24031/1992-2043-2020-20-5-105-111","DOIUrl":"https://doi.org/10.24031/1992-2043-2020-20-5-105-111","url":null,"abstract":"","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89608650","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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