Pub Date : 1900-01-01DOI: 10.17072/2619-0648-2018-1-56-69
A. F. Pyankova
if the law allows the possibility of early contract' termination, certain ways of ensuring the balance of all parties' interests should be provided. It is concluded that the dissolution of contract is a broader concept than the termination of the contract, and a system of grounds for dissolution and termination of contracts is presented. The necessity to take into account third parties' interests under termination of the contract by agreement of the parties was underlined. The balance of interests in the dissolution of the contract because of its material breach is provided by the following instruments: the criterion of the materiality of the breach; obligation to provide a reasonable period for the fulfillment of obligations. As for the material change in the circumstances, the author argues that the rule of Art. 451 of the Civil Code does not provide the balance of the parties' interests.
{"title":"AMENDMENT AND TERMINATION OF AGREEMENT: ON SOME CONTROVERSIAL ISSUES OF ENSURING BALANCE OF INTERESTS OF CREDITOR AND DEBTOR","authors":"A. F. Pyankova","doi":"10.17072/2619-0648-2018-1-56-69","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-1-56-69","url":null,"abstract":"if the law allows the possibility of early contract' termination, certain ways of ensuring the balance of all parties' interests should be provided. It is concluded that the dissolution of contract is a broader concept than the termination of the contract, and a system of grounds for dissolution and termination of contracts is presented. The necessity to take into account third parties' interests under termination of the contract by agreement of the parties was underlined. The balance of interests in the dissolution of the contract because of its material breach is provided by the following instruments: the criterion of the materiality of the breach; obligation to provide a reasonable period for the fulfillment of obligations. As for the material change in the circumstances, the author argues that the rule of Art. 451 of the Civil Code does not provide the balance of the parties' interests.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"39 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":"122220552","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: 10.17072/2619-0648-2018-2-90-102
G. Y. Borisevich
in the article, a number of situations are described that provide for a necessity to unify Russia's procedural law norms regulating such multisectoral institutions as appeal, cassation and supervisory proceedings. One of the purposes of this unification is a reasonable ensuring of protecting the rights of the individual in examination and verification phases of the civil, arbitration, administrative, criminal procedure. The following issues were reviewed: the right and term of appealing against the court decision, the rule of using the ways of appealing against court decisions until they are legally effective, reasons for reversing or changing the court decision, improvement of the legislative regulation of the first phase of the cassation procedure performed in accordance with Civil Procedural Code, Administrative Procedure Code, Criminal Procedural Code of the Russian Federation. The proposals were formulated on improving the procedural legislation. The need was shown for the concurrence in the positions of the legislators representing the four forms of the court procedures during the development and adoption of the laws regulating the mult-sectoral institutions
{"title":"ABOUT THE REASONABLE BALANCE IN PROTECTING THE RIGHTS OF AN INDIVIDUAL DURING THE EXAMINATION AND VERIFICATION PHASE IN RUSSIA'S PROCEDURAL LAW","authors":"G. Y. Borisevich","doi":"10.17072/2619-0648-2018-2-90-102","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-2-90-102","url":null,"abstract":"in the article, a number of situations are described that provide for a necessity to unify Russia's procedural law norms regulating such multisectoral institutions as appeal, cassation and supervisory proceedings. One of the purposes of this unification is a reasonable ensuring of protecting the rights of the individual in examination and verification phases of the civil, arbitration, administrative, criminal procedure. The following issues were reviewed: the right and term of appealing against the court decision, the rule of using the ways of appealing against court decisions until they are legally effective, reasons for reversing or changing the court decision, improvement of the legislative regulation of the first phase of the cassation procedure performed in accordance with Civil Procedural Code, Administrative Procedure Code, Criminal Procedural Code of the Russian Federation. The proposals were formulated on improving the procedural legislation. The need was shown for the concurrence in the positions of the legislators representing the four forms of the court procedures during the development and adoption of the laws regulating the mult-sectoral institutions","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"23 2 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":"123449378","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: 10.17072/2619-0648-2018-4-58-66
A. Stakhov
based on a comprehensive analysis of the provisions of the Constitution of the Russian Federation and the existing public legislation of the Russian Federation, a functional approach to the understanding of the boundaries and structure of the domestic administrative and administrative procedure legislation is substantiated.
{"title":"FUNCTIONAL APPROACH AS A KEY TO UNDERSTANDING MODERN ADMINISTRATIVE AND ADMINISTRATIVE PROCEDURE LEGISLATION IN THE RUSSIAN FEDERATION","authors":"A. Stakhov","doi":"10.17072/2619-0648-2018-4-58-66","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-4-58-66","url":null,"abstract":"based on a comprehensive analysis of the provisions of the Constitution of the Russian Federation and the existing public legislation of the Russian Federation, a functional approach to the understanding of the boundaries and structure of the domestic administrative and administrative procedure legislation is substantiated.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"104 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":"116032383","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: 10.17072/2619-0648-2018-1-45-55
T. Krasnova
together with special norms on the maternity capital directed to acquisition of the real estate, rules of the civil legislation on the real rights, the general property (share and joint) and also rules of the principle of freedom of the contract are involved. The author researches situations of the simplified approach to interpretation of the principle of freedom of the contract in family law when determining shares in the acquired real estate. The conclusion is drawn that in family law differentiation of limits of contractual freedom for the participants of the property relations with the different status has to be most considered. Limits of freedom of the contract are narrower for subjects of family law than for the most of subjects of civil law.
{"title":"METAMORPHOSES OF THE PRINCIPLE OF FREEDOM OF THE CONTRACT IN FAMILY LAW","authors":"T. Krasnova","doi":"10.17072/2619-0648-2018-1-45-55","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-1-45-55","url":null,"abstract":"together with special norms on the maternity capital directed to acquisition of the real estate, rules of the civil legislation on the real rights, the general property (share and joint) and also rules of the principle of freedom of the contract are involved. The author researches situations of the simplified approach to interpretation of the principle of freedom of the contract in family law when determining shares in the acquired real estate. The conclusion is drawn that in family law differentiation of limits of contractual freedom for the participants of the property relations with the different status has to be most considered. Limits of freedom of the contract are narrower for subjects of family law than for the most of subjects of civil law.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"68 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":"127591561","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: 10.17072/2619-0648-2018-1-30-44
T. V. Andropova
the article reviews the experience of foreign countries in the implementation of such forms of wills as nuncupative wills and the possibility of using this form in the Russian legislation. It also analyzes the possibility of applying of audio and video digital equipment in the preparation of wills, the validity and legality of the recording of the last will by the testator in this way. In particular, analysis of the application of vide, such as an actual form of disposition of the property under the inheritance relationships. Summarizing the research, it should be underlined the necessity of amending the legislation of the Russian Federation concerning the introduction of atypical forms of wills, and concluded that the special projects will be explored the relationship between the digital equipment and the possibility of the execution of the last will of the testator, in terms of feasibility and usefulness of such equipment.
{"title":"TESTAMENTARY: UNTYPICAL FORMS OF THE WILL AND THE USE OF NEW TECHNOLOGIES","authors":"T. V. Andropova","doi":"10.17072/2619-0648-2018-1-30-44","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-1-30-44","url":null,"abstract":"the article reviews the experience of foreign countries in the implementation of such forms of wills as nuncupative wills and the possibility of using this form in the Russian legislation. It also analyzes the possibility of applying of audio and video digital equipment in the preparation of wills, the validity and legality of the recording of the last will by the testator in this way. In particular, analysis of the application of vide, such as an actual form of disposition of the property under the inheritance relationships. Summarizing the research, it should be underlined the necessity of amending the legislation of the Russian Federation concerning the introduction of atypical forms of wills, and concluded that the special projects will be explored the relationship between the digital equipment and the possibility of the execution of the last will of the testator, in terms of feasibility and usefulness of such equipment.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"28 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":"125689223","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: 10.17072/2619-0648-2018-2-51-63
L. O. Gribinichenko
this article is dedicated to the analysis of the features of the investment partnership contract as a legal form of venture investment. The author reveals the key features of the investment partnership, which allow delimitation from the adjacent legal phenomena. The advantages of venture business in the form of an investment partnership are highlighted: the possibility of simultaneous participation of investors in several investment partnerships; the possibility of the investor to exit from the investment partnership; the absence of restrictions related to the participation of non-profit organizations in the investment partnership; the possibility of making incremental contributions and imposing sanctions when they are not implemented; maximum confidentiality of joint activities; limitation of investor responsibility; a relatively simple and rapid procedure of terminating the activity. Based on the conducted research, the author concluded that investment partnership is the most flexible and effective legal structure that meets the specific requirements of international and domestic business practices for implementing venture investments.
{"title":"INVESTMENT PARTNERSHIP AGREEMENT AS A LEGAL FORM OF VENTURE FINANCING","authors":"L. O. Gribinichenko","doi":"10.17072/2619-0648-2018-2-51-63","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-2-51-63","url":null,"abstract":"this article is dedicated to the analysis of the features of the investment partnership contract as a legal form of venture investment. The author reveals the key features of the investment partnership, which allow delimitation from the adjacent legal phenomena. The advantages of venture business in the form of an investment partnership are highlighted: the possibility of simultaneous participation of investors in several investment partnerships; the possibility of the investor to exit from the investment partnership; the absence of restrictions related to the participation of non-profit organizations in the investment partnership; the possibility of making incremental contributions and imposing sanctions when they are not implemented; maximum confidentiality of joint activities; limitation of investor responsibility; a relatively simple and rapid procedure of terminating the activity. Based on the conducted research, the author concluded that investment partnership is the most flexible and effective legal structure that meets the specific requirements of international and domestic business practices for implementing venture investments.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"28 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":"134048557","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: 10.17072/2619-0648-2018-1-70-85
A. I. Semeshko
in contemporary life the implementation of activities in the field of public health, including advising on medical matters through telecommunication information technologies, is becoming widespread. Meanwhile, the level of legal regulation does not allow to satisfy the needs of the subjects of such legal relations, that leads to violations of fundamental human rights. The author analyzes the legal bases of this activity, the mechanisms of state control over ensuring the safety and quality of medical services and the activities of medical specialists. As a result of the research, it is concluded that the use of telemedicine technologies in the activities of specialists requires the performers to undergo licensing procedures for medical activities and the accreditation of medical specialists, and on the part of the state to improve the law in the indicated directions and to change the ways of monitoring the activities carried out in accordance with the needs of the studied legal relations.
{"title":"THE RIGHT TO ACCOMPLISH MEDICAL ACTIVITIES AT THE STAGE OF IMPLEMENTATION OF TELECOMMUNICATION TECHNOLOGIES IN HEALTHCARE: THE PROBLEMS OF LEGAL REGULATION AND STATE CONTROL","authors":"A. I. Semeshko","doi":"10.17072/2619-0648-2018-1-70-85","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-1-70-85","url":null,"abstract":"in contemporary life the implementation of activities in the field of public health, including advising on medical matters through telecommunication information technologies, is becoming widespread. Meanwhile, the level of legal regulation does not allow to satisfy the needs of the subjects of such legal relations, that leads to violations of fundamental human rights. The author analyzes the legal bases of this activity, the mechanisms of state control over ensuring the safety and quality of medical services and the activities of medical specialists. As a result of the research, it is concluded that the use of telemedicine technologies in the activities of specialists requires the performers to undergo licensing procedures for medical activities and the accreditation of medical specialists, and on the part of the state to improve the law in the indicated directions and to change the ways of monitoring the activities carried out in accordance with the needs of the studied legal relations.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"48 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":"132813777","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: 10.17072/2619-0648-2018-4-45-57
I. M. Polyanichkin
this article discusses the issue of competition of private and public interests in the fulfillment by host cities of the obligation to renovate multi-apartment houses located on routes connecting infrastructure facilities of the World Cup in 2018. When researching the regulatory framework, criteria were established for balancing the interests of citizens and authorities when performing capital repairs. The practical analysis of the results of renovation of multi-apartment houses has been carried out and the reasons for the abuse of the right granted to the owners of these houses have been revealed. The analysis and identified socially important markets and services of the housing and communal services market, as well as the reasons for the discrepancy between the work of this market and the basics of competition development. The proposal on the need to change the system for conducting state orders for capital repair of apartment buildings with the purpose of increasing real competition in the socially significant services market.
{"title":"RENOVATION OF COMMON PROPERTY OF MULTI-APARTMENT BUILDINGS FOR SOCIALLY USEFUL PURPOSES. PROBLEMS OF LEGAL REGULATION","authors":"I. M. Polyanichkin","doi":"10.17072/2619-0648-2018-4-45-57","DOIUrl":"https://doi.org/10.17072/2619-0648-2018-4-45-57","url":null,"abstract":"this article discusses the issue of competition of private and public interests in the fulfillment by host cities of the obligation to renovate multi-apartment houses located on routes connecting infrastructure facilities of the World Cup in 2018. When researching the regulatory framework, criteria were established for balancing the interests of citizens and authorities when performing capital repairs. The practical analysis of the results of renovation of multi-apartment houses has been carried out and the reasons for the abuse of the right granted to the owners of these houses have been revealed. The analysis and identified socially important markets and services of the housing and communal services market, as well as the reasons for the discrepancy between the work of this market and the basics of competition development. The proposal on the need to change the system for conducting state orders for capital repair of apartment buildings with the purpose of increasing real competition in the socially significant services market.","PeriodicalId":425086,"journal":{"name":"Ex jure","volume":"208 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":"124689009","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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