Pub Date : 1900-01-01DOI: 10.17072/2619-0648-2018-4-84-95
О. A. Kuznetsova
over the last five years, the crowdfunding (collective financing with the use of new information technologies) has captured the markets of all developed countries, and it has received proper legal regulation in the majority of them. In Russia, the unified legal rules for crowdfunding relations have not yet been developed, although the law project work has been actively performed during the last two years. This article presents the juridical methodological analysis of Federal Law "On Raising Investments Using Investment Platforms" that passed the first reading in the State Duma. A conclusion is made about the necessity to improve the juridical methodology of the draft law.
{"title":"JURIDICAL METHODOLOGICAL ISSUES OF CROWDFUNDING","authors":"О. A. Kuznetsova","doi":"10.17072/2619-0648-2018-4-84-95","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-4-84-95","url":null,"abstract":"over the last five years, the crowdfunding (collective financing with the use of new information technologies) has captured the markets of all developed countries, and it has received proper legal regulation in the majority of them. In Russia, the unified legal rules for crowdfunding relations have not yet been developed, although the law project work has been actively performed during the last two years. This article presents the juridical methodological analysis of Federal Law \"On Raising Investments Using Investment Platforms\" that passed the first reading in the State Duma. A conclusion is made about the necessity to improve the juridical methodology of the draft law.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129198415","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 : 1900-01-01DOI: 10.17072/2619-0648-2018-2-64-72
A. Zakharkina
the article is devoted to the problem of legal regulation of concerns as participants in civil relations characterized by a complex legal status. The article notes that "the law of concerns" has received the most careful development in German corporate law within the framework of jointstock legislation and today it is rightfully recognized as a standard for other European legal systems, most of which pay attention to the "law of concerns" only fragmentally. As a result, the author comes to the conclusion that in the Russian corporate legislation there is an obvious need to create a harmonious interdisciplinary block of norms, specially dedicated to concerns and their legal status, which is actual in the conditions of the actual existence of concerns.
{"title":"COMPLICATION OF THE SUBJECT COMPOSITION OF PRIVATE LEGAL RELATIONS AS A NECESSARY CONDITION FOR INCREASING THE INVESTMENT ATTRACTIVENESS OF THE RUSSIAN LEGAL SYSTEM: ON THE EXAMPLE OF LEGAL REGULATION OF CONCERNS","authors":"A. Zakharkina","doi":"10.17072/2619-0648-2018-2-64-72","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-2-64-72","url":null,"abstract":"the article is devoted to the problem of legal regulation of concerns as participants in civil relations characterized by a complex legal status. The article notes that \"the law of concerns\" has received the most careful development in German corporate law within the framework of jointstock legislation and today it is rightfully recognized as a standard for other European legal systems, most of which pay attention to the \"law of concerns\" only fragmentally. As a result, the author comes to the conclusion that in the Russian corporate legislation there is an obvious need to create a harmonious interdisciplinary block of norms, specially dedicated to concerns and their legal status, which is actual in the conditions of the actual existence of concerns.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123828216","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 : 1900-01-01DOI: 10.17072/2619-0648-2018-4-32-44
L. I. Kulitskaya
the draft Administrative regulations of the municipal service "Provision of land for the burial of the deceased", which is a normative legal act of the relevant municipality, are analyzed. The author comes to the conclusion that the municipal normative legal acts regulating the activity of specialized services on the funeral business in the field of services for the provision of land for the burial of the deceased, do not always comply with the current legislation, which leads to corruption, to the failure of the funeral and to the formation of illegal burial places, which residents The situation could be rectified by the denationalization of the market of municipal burial services through the use of the mechanism of municipal-private partnership. The most important means of regulating relations between funeral and funeral service providers and consumers should be recognized not as administrative and legal means, but as civil ones.
{"title":"ABOUT NEED OF IMPROVEMENT OF THE MUNICIPAL LEGISLATION IN THE FIELD OF RENDERING SERVICES IN PROVIDING THE PARCEL OF LAND FOR BURIAL OF THE DEAD","authors":"L. I. Kulitskaya","doi":"10.17072/2619-0648-2018-4-32-44","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-4-32-44","url":null,"abstract":"the draft Administrative regulations of the municipal service \"Provision of land for the burial of the deceased\", which is a normative legal act of the relevant municipality, are analyzed. The author comes to the conclusion that the municipal normative legal acts regulating the activity of specialized services on the funeral business in the field of services for the provision of land for the burial of the deceased, do not always comply with the current legislation, which leads to corruption, to the failure of the funeral and to the formation of illegal burial places, which residents The situation could be rectified by the denationalization of the market of municipal burial services through the use of the mechanism of municipal-private partnership. The most important means of regulating relations between funeral and funeral service providers and consumers should be recognized not as administrative and legal means, but as civil ones.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134209817","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 : 1900-01-01DOI: 10.17072/2619-0648-2018-1-86-101
M. G. Sukhanova
the article designates the terminological problem of distinction of the issues, used for the description of financial tensions in the activities of economic entities. On the base of the analyses of different legal norms it is stated that the source of such terminological intermixture are laid by the legislator itself. However, using of the variable terms as synonymous is inappropriate both from the point of legal technique and the practical use of such issues. Based on the analysis of economic literature, Russian legislation and the ILO Convention № 173 provisions related concept were studied to identify the differences between them. The author comes to conclusion of the necessity of the setting as quickly as possible the first symptoms of the employer's insolvency before the introduction of bankruptcy proceedings. Such approach to the problem will provide the using of protective mechanisms to the employees outside the framework of the uttermost crisis situation – the employer's bankruptcy.
{"title":"INSOLVENCY OF EMPLOYER: CONCEPT, DELIMITATION FROM RELATED CATEGORIES IN THE CONTEXT OF PROTECTING THE RIGHTS OF WORKERS","authors":"M. G. Sukhanova","doi":"10.17072/2619-0648-2018-1-86-101","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-1-86-101","url":null,"abstract":"the article designates the terminological problem of distinction of the issues, used for the description of financial tensions in the activities of economic entities. On the base of the analyses of different legal norms it is stated that the source of such terminological intermixture are laid by the legislator itself. However, using of the variable terms as synonymous is inappropriate both from the point of legal technique and the practical use of such issues. Based on the analysis of economic literature, Russian legislation and the ILO Convention № 173 provisions related concept were studied to identify the differences between them. The author comes to conclusion of the necessity of the setting as quickly as possible the first symptoms of the employer's insolvency before the introduction of bankruptcy proceedings. Such approach to the problem will provide the using of protective mechanisms to the employees outside the framework of the uttermost crisis situation – the employer's bankruptcy.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125936387","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 : 1900-01-01DOI: 10.17072/2619-0648-2018-2-7-23
K. Khudoley, D. M. Khudoley
all system of the constitutional values in the state is in a condition of dynamic balance and is characterized by unity and integrity, functionality, degree of structure and difficult organization, not reducibility to properties of its separate elements. The comparative analysis of constitutions of neighboring countries confirms existence of hierarchy in system of the constitutional values. Considering the humanistic content of the majority of constitutions of CIS and Baltic countries, authors offer the following hierarchy of the constitutional values: the supreme value (absolute and relative values), priority values (can limit all other values, except absolute), and other values. At the same time the hierarchy of the constitu-tional values has rather conditional character owing to the changing concrete historical situation development of society and state and jurisprudence of bodies of the constitutional control owing to what there is no strict list of such values.
{"title":"TO A QUESTION OF HIERARCHY OF THE CONSTITUTIONAL VALUES IN CIS AND BALTIC COUNTRIES","authors":"K. Khudoley, D. M. Khudoley","doi":"10.17072/2619-0648-2018-2-7-23","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-2-7-23","url":null,"abstract":"all system of the constitutional values in the state is in a condition of dynamic balance and is characterized by unity and integrity, functionality, degree of structure and difficult organization, not reducibility to properties of its separate elements. The comparative analysis of constitutions of neighboring countries confirms existence of hierarchy in system of the constitutional values. Considering the humanistic content of the majority of constitutions of CIS and Baltic countries, authors offer the following hierarchy of the constitutional values: the supreme value (absolute and relative values), priority values (can limit all other values, except absolute), and other values. At the same time the hierarchy of the constitu-tional values has rather conditional character owing to the changing concrete historical situation development of society and state and jurisprudence of bodies of the constitutional control owing to what there is no strict list of such values.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124506917","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 : 1900-01-01DOI: 10.17072/2619-0648-2018-3-46-60
A. Gorbunov
in the research the author observes the dichotomy development of the ideas and expressions that were formed during legal precedents in courts of England and the USA. It is established that the judicial procedures in the Anglo-Saxon legal system are based upon the law-regulating approach towards the concepts of the Fichte system. Based on the analysis of the law enforcement practice of the courts of the United States and England in the period from the 19th to the mid-20th century, it is noted that originally ideas and expressions were not delimited to just court cases but were indeed perceived as a single object of copyright monopoly. In the judicial practice, the use of this principle has faced difficulties in distinguishing between protected and unprotected elements. In the middle of XX century the idea/ expression dichotomy in its final law form was formed in judicial practice. The article concludes that Fichte theory was changed and accepted in the law enforcement practice of the USA and England.
{"title":"THE IDEA/EXPRESSION DICHOTOMY IN THE LAW ENFORCEMENT PRACTICE OF THE COURTS OF THE UNITED STATES AND ENGLAND IN THE PERIOD FROM THE 19th TO THE MID-20th CENTURY","authors":"A. Gorbunov","doi":"10.17072/2619-0648-2018-3-46-60","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-3-46-60","url":null,"abstract":"in the research the author observes the dichotomy development of the ideas and expressions that were formed during legal precedents in courts of England and the USA. It is established that the judicial procedures in the Anglo-Saxon legal system are based upon the law-regulating approach towards the concepts of the Fichte system. Based on the analysis of the law enforcement practice of the courts of the United States and England in the period from the 19th to the mid-20th century, it is noted that originally ideas and expressions were not delimited to just court cases but were indeed perceived as a single object of copyright monopoly. In the judicial practice, the use of this principle has faced difficulties in distinguishing between protected and unprotected elements. In the middle of XX century the idea/ expression dichotomy in its final law form was formed in judicial practice. The article concludes that Fichte theory was changed and accepted in the law enforcement practice of the USA and England.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127113864","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 : 1900-01-01DOI: 10.17072/2619-0648-2018-3-76-88
E. Komissarova
the author addresses a problem of contractual regulation in the sphere hereditary succession. The purpose of article isn't subordinated to criticism and assessment of the preparing bill of the hereditary contract. The author seeks to lay the foundation of the contractual theory in subsector of the law of succession, proceeding from the idea of a potential opportunity to involve the contract for regulation of separate types of laws of succession. At the same time this is not about as much as possible to fill subsector of the law of succession with contractual designs. It is enough to be limited to the instruction on the fact that on standards of the law of succession contracts are allowed only in the cases which are directly provided by hl. 61 Civil Code of the Russian Federation "General provisions on inheritance", these contracts can't contradict a being of the relations in the sphere of hereditary succession.
{"title":"ON THE PROBLEM OF SELF-REGULATION IN THE IMPLEMENTATION OF INHERITANCE RIGHTS","authors":"E. Komissarova","doi":"10.17072/2619-0648-2018-3-76-88","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-3-76-88","url":null,"abstract":"the author addresses a problem of contractual regulation in the sphere hereditary succession. The purpose of article isn't subordinated to criticism and assessment of the preparing bill of the hereditary contract. The author seeks to lay the foundation of the contractual theory in subsector of the law of succession, proceeding from the idea of a potential opportunity to involve the contract for regulation of separate types of laws of succession. At the same time this is not about as much as possible to fill subsector of the law of succession with contractual designs. It is enough to be limited to the instruction on the fact that on standards of the law of succession contracts are allowed only in the cases which are directly provided by hl. 61 Civil Code of the Russian Federation \"General provisions on inheritance\", these contracts can't contradict a being of the relations in the sphere of hereditary succession.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"137 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127478774","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 : 1900-01-01DOI: 10.17072/2619-0648-2018-1-102-116
О. V. Dobrovlyanina
shows the historical development of Russian legislation on the criminal liability of judges. Analyzes the characteristics of criminal proceedings against judges. Justifies the necessity of the existence of the guarantees of judicial independence. The conclusion about the advisability of improvement of the rules of Chapter 52 of the Code of criminal procedure of Russia.
{"title":"THE HISTORY OF FORMATION AND DEVELOPMENT OF RUSSIAN LEGISLATION ON PECULIARITIES OF CRIMINAL PROCEEDINGS AGAINST JUDGES","authors":"О. V. Dobrovlyanina","doi":"10.17072/2619-0648-2018-1-102-116","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-1-102-116","url":null,"abstract":"shows the historical development of Russian legislation on the criminal liability of judges. Analyzes the characteristics of criminal proceedings against judges. Justifies the necessity of the existence of the guarantees of judicial independence. The conclusion about the advisability of improvement of the rules of Chapter 52 of the Code of criminal procedure of Russia.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124582562","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 : 1900-01-01DOI: 10.17072/2619-0648-2018-4-67-75
A. Zakharkina
the Article is devoted to the problem of legal regulation of the proper performance of facultative obligations in the digital economy, actualizing the problem of conceptualization of the new regulatory platform. The article notes that, being an integral part of the General civil system, the rules on obligations, acting as legal rules for the exchange of material goods, reflect the degree of economic and, accordingly, the legal culture of a particular society. As a result, the author comes to the conclusion that the proper performance of facultative obligations in the digital economy is possible only if the appropriate legal "frame" of the legal relationship. The use of additional guarantees of real performance of obligations existing within the framework of facultative obligations is relevant both for e-business and for the sphere of consumption.
{"title":"PROPER PERFORMANCE OF FACULTATIVE OBLIGATIONS IN THE CONTEXT OF DIGITALIZATION OF THE LAW OF OBLIGATIONS OF THE RUSSIAN FEDERATION","authors":"A. Zakharkina","doi":"10.17072/2619-0648-2018-4-67-75","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-4-67-75","url":null,"abstract":"the Article is devoted to the problem of legal regulation of the proper performance of facultative obligations in the digital economy, actualizing the problem of conceptualization of the new regulatory platform. The article notes that, being an integral part of the General civil system, the rules on obligations, acting as legal rules for the exchange of material goods, reflect the degree of economic and, accordingly, the legal culture of a particular society. As a result, the author comes to the conclusion that the proper performance of facultative obligations in the digital economy is possible only if the appropriate legal \"frame\" of the legal relationship. The use of additional guarantees of real performance of obligations existing within the framework of facultative obligations is relevant both for e-business and for the sphere of consumption.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"154 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114326624","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 : 1900-01-01DOI: 10.17072/2619-0648-2018-4-7-31
E. Titov
the article makes a critical analysis of the dominant in science concept and signs of legal fact. The author concludes that some of the signs traditionally invested by lawyers in the notion of a legal fact do not adequately describe the essence of this phenomenon. The author proves that the legal fact is a strictly legal phenomenon, which the law can consider existing, contrary to reality. It is substantiated that the legal facts entail a variety of legal consequences, and not just the dynamics of civil legal relations. The author delimits legal facts from related phenomena – the conditions for the emergence of legal relationships, prerequisites, etc. In the article the author formulates the concept and signs of a legal fact.
{"title":"THE CONCEPT OF LEGAL FACT","authors":"E. Titov","doi":"10.17072/2619-0648-2018-4-7-31","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-4-7-31","url":null,"abstract":"the article makes a critical analysis of the dominant in science concept and signs of legal fact. The author concludes that some of the signs traditionally invested by lawyers in the notion of a legal fact do not adequately describe the essence of this phenomenon. The author proves that the legal fact is a strictly legal phenomenon, which the law can consider existing, contrary to reality. It is substantiated that the legal facts entail a variety of legal consequences, and not just the dynamics of civil legal relations. The author delimits legal facts from related phenomena – the conditions for the emergence of legal relationships, prerequisites, etc. In the article the author formulates the concept and signs of a legal fact.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126213759","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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