Pub Date : 1900-01-01DOI: 10.21639/2313-6715.2021.4.7.
N.V. Bandurina
The relevance of this article is due to the need to study legal nature of the corporate contract in the field of corporate culture and the system of corporate governance in modern conditions. The subject of the study is regulatory legal acts governing corporate contracts conclusions, as well as doctrinal sources and interpretations. The purpose of the work is to conduct a study of the corporate contract institution and to identify its legal nature and significance for corporate governance. The author shows various points of view on the nature and content of the corporate contract, examines the positions of legal scholars on its binding or dual nature, including applying this design in corporate legal relations. The article also considers certain issues of corporate governance, effective tools in the management system and analyzes the possibility of applying a corporate contract in the framework of governance in corporate legal entities. One of the main points is the justification of the corporate contract essential role in regulating the business companies` corporate governance system, since it can determine the structure of corporate bodies, their competence, which are reflected both in the charter of a corporate legal entity and directly in the corporate contract itself. The author concludes that there is a need to further improving this contractual design in order to increase its enforceability and attractiveness in various economic societies.
{"title":"Corporate Contract Legal Regulation in the Context of the Joint-stock Company Corporate Culture.","authors":"N.V. Bandurina","doi":"10.21639/2313-6715.2021.4.7.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.4.7.","url":null,"abstract":"The relevance of this article is due to the need to study legal nature of the corporate contract in the field of corporate culture and the system of corporate governance in modern conditions. The subject of the study is regulatory legal acts governing corporate contracts conclusions, as well as doctrinal sources and interpretations. The purpose of the work is to conduct a study of the corporate contract institution and to identify its legal nature and significance for corporate governance. The author shows various points of view on the nature and content of the corporate contract, examines the positions of legal scholars on its binding or dual nature, including applying this design in corporate legal relations. The article also considers certain issues of corporate governance, effective tools in the management system and analyzes the possibility of applying a corporate contract in the framework of governance in corporate legal entities. One of the main points is the justification of the corporate contract essential role in regulating the business companies` corporate governance system, since it can determine the structure of corporate bodies, their competence, which are reflected both in the charter of a corporate legal entity and directly in the corporate contract itself. The author concludes that there is a need to further improving this contractual design in order to increase its enforceability and attractiveness in various economic societies.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"249 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":"122857424","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: 10.21639/2313-6715.2021.3.2.
E. Titov
The purpose of the article is a critical assessment of the established in the legal literature and practice the concept and characteristics of a legal action and criteria for distinguishing legal actions and events. The main problem identified by the author is that, despite the huge number of sources on this subject, jurisprudence has not progressed in the study of this phenomenon since the early 19th century. The definition and characteristics of a legal action «migrate» from one work to another, as a rule, without any critical analysis at all and are taken by lawyers as a given, which leads to stagnation in the development of the relevant field. At the same time, studies of specific varieties of legal actions often reach a deadlock precisely because of the incorrectly defined general characteristics of a legal action. The author defines the classification criterion of differentiation of legal facts, and argues the necessity of two-member division of legal facts into events and actions. It is proved that facts-states cannot be distinguished within the classification of legal facts on the volitional ground and they are not legal facts at all. The concept of legal action and its characteristics are given. The concept of will as a key element of legal action is discussed in the article and it is substantiated that «involuntary» actions are not legal facts. The author analyzes the classification of events into absolute and relative, and offers an algorithm for determining whether a certain legal fact refers to events or actions.
{"title":"The Concept and Characteristics of a Legal Action in Civil Law","authors":"E. Titov","doi":"10.21639/2313-6715.2021.3.2.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.3.2.","url":null,"abstract":"The purpose of the article is a critical assessment of the established in the legal literature and practice the concept and characteristics of a legal action and criteria for distinguishing legal actions and events. The main problem identified by the author is that, despite the huge number of sources on this subject, jurisprudence has not progressed in the study of this phenomenon since the early 19th century. The definition and characteristics of a legal action «migrate» from one work to another, as a rule, without any critical analysis at all and are taken by lawyers as a given, which leads to stagnation in the development of the relevant field. At the same time, studies of specific varieties of legal actions often reach a deadlock precisely because of the incorrectly defined general characteristics of a legal action. The author defines the classification criterion of differentiation of legal facts, and argues the necessity of two-member division of legal facts into events and actions. It is proved that facts-states cannot be distinguished within the classification of legal facts on the volitional ground and they are not legal facts at all. The concept of legal action and its characteristics are given. The concept of will as a key element of legal action is discussed in the article and it is substantiated that «involuntary» actions are not legal facts. The author analyzes the classification of events into absolute and relative, and offers an algorithm for determining whether a certain legal fact refers to events or actions.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"425 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":"131469473","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: 10.21639/2313-6715.2021.3.6.
E. A. Lagunova
The article is devoted to the legislative norms on bankruptcy of citizens, providing the possibility of exemption from the unbearable debt obligations execution. It is noted that the number of court cases in this category annually increasing. The author studied the current legal regulation and law enforcement practice of consumer bankruptcy relations, taking into account the interests of the debtor's family as a separate community, and analyzed (in the aspect of the problem of abuse of right) the courts approaches on the issues of releasing citizens from the obligations performance; the practice of challenging transactions with the common property made by the debtor and his or her spouse. There is the need to find a balance between the interests of a debtor's family in his bankruptcy case and preventing the debtor from refusing to fulfill his obligations to his creditors. The attention is drawn to the absence of clear criteria for determining the balance of competing interests with a significant number of court disputes on this issue. It was noted that a balance between the interests of creditors and a debtor's family was achieved through retaining the debtor's minimal property to ensure his livelihood. It is concluded that further study of the issue under consideration in the aspect of the implementation of the constitutional and legal principle of family, motherhood and childhood protection in bankruptcy cases.
{"title":"Interests Balance of Creditors and Debtors` Families in Bankruptcy Cases","authors":"E. A. Lagunova","doi":"10.21639/2313-6715.2021.3.6.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.3.6.","url":null,"abstract":"The article is devoted to the legislative norms on bankruptcy of citizens, providing the possibility of exemption from the unbearable debt obligations execution. It is noted that the number of court cases in this category annually increasing. The author studied the current legal regulation and law enforcement practice of consumer bankruptcy relations, taking into account the interests of the debtor's family as a separate community, and analyzed (in the aspect of the problem of abuse of right) the courts approaches on the issues of releasing citizens from the obligations performance; the practice of challenging transactions with the common property made by the debtor and his or her spouse. There is the need to find a balance between the interests of a debtor's family in his bankruptcy case and preventing the debtor from refusing to fulfill his obligations to his creditors. The attention is drawn to the absence of clear criteria for determining the balance of competing interests with a significant number of court disputes on this issue. It was noted that a balance between the interests of creditors and a debtor's family was achieved through retaining the debtor's minimal property to ensure his livelihood. It is concluded that further study of the issue under consideration in the aspect of the implementation of the constitutional and legal principle of family, motherhood and childhood protection in bankruptcy cases.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"82 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":"127757106","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: 10.21639/2313-6715.2021.1.11.
G. Romanova, V. Romanov
The article considers the main aspects of the electronic criminal investigation technologies application from the point of view of modern legislation of Russia and foreign countries. In modern society, there is a continuous process of improving the means of transmitting information, developing and implementing new technical devices for its processing and storage. The rapid development of science and technology inevitably leads to the desire to regulate the relations that arise in this area from a legal point of view. Meanwhile, in the Russian legal science, the information space is defined through the unity of its two components: the technical one, which includes the communication and communication infrastructure, and the social one – the community of Internet users. In this regard, the normative regulation of this area justifiably causes objective difficulties. The development of high technologies leads to the most frequent use of a relatively new form of technical and forensic support for the investigation of criminal cases in the process of criminal investigation. In the modern practice of investigation, the traces left by criminals on various media due to the expansion of digitalization processes are becoming more and more important every year. Timely, systematic development of legal regulation of the use of electronic information technologies is recognized as the most important condition for the successful digitalization of criminal proceedings. Understanding the need for the introduction of electronic technologies in the investigation of a criminal case from the point of view of the informational and technological nature is necessary, since the criminal process should not be an exception within the framework of a single international information policy, and its technological effectiveness should be dominant.
{"title":"Electronic Investigation Technologies and Modern Format of Technical and Criminalistic Support for Criminal Cases Investigation","authors":"G. Romanova, V. Romanov","doi":"10.21639/2313-6715.2021.1.11.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.1.11.","url":null,"abstract":"The article considers the main aspects of the electronic criminal investigation technologies application from the point of view of modern legislation of Russia and foreign countries. In modern society, there is a continuous process of improving the means of transmitting information, developing and implementing new technical devices for its processing and storage. The rapid development of science and technology inevitably leads to the desire to regulate the relations that arise in this area from a legal point of view. Meanwhile, in the Russian legal science, the information space is defined through the unity of its two components: the technical one, which includes the communication and communication infrastructure, and the social one – the community of Internet users. In this regard, the normative regulation of this area justifiably causes objective difficulties. The development of high technologies leads to the most frequent use of a relatively new form of technical and forensic support for the investigation of criminal cases in the process of criminal investigation. In the modern practice of investigation, the traces left by criminals on various media due to the expansion of digitalization processes are becoming more and more important every year. Timely, systematic development of legal regulation of the use of electronic information technologies is recognized as the most important condition for the successful digitalization of criminal proceedings. Understanding the need for the introduction of electronic technologies in the investigation of a criminal case from the point of view of the informational and technological nature is necessary, since the criminal process should not be an exception within the framework of a single international information policy, and its technological effectiveness should be dominant.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"31 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":"114176737","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: 10.21639/2313-6715.2021.4.3.
Yu.V. Vinichenko
This article is a development of the author's concept of civil circulation, according to which the latter should be perceived not as a legal form of economic circulation (as it is established in the Russian civilistic doctrine), but as a systematically organized sphere of actual (real) relations of subjects, representing an economic subsystem of society, which should be subject to legal regulation due to its social importance. Choosing the mechanism of legal regulation of civil circulation as the subject of this study, the author highlights approaches to the understanding of the mechanism of legal regulation (available in the general theory of law) and to the issue of its elements, the types of legal regulation allocated in science. On this basis, the author formulates a general definition of the mechanism of civil circulation legal regulation, and gives characteristics of legal regulation means and types of this social sphere. The mechanism of civil circulation legal regulation is defined as a system of legal means, by which legal regulation (ordering) of social connections (relations) that form civil circulation as a sphere of society is carried out. It is noted that the elements of the mechanism of civil circulation legal regulation are such legal means as: 1) norms of positive law; 2) (specific) legal relations of subjects of civil circulation; 3) acts of implementation of legal opportunities and obligations by participants in civil circulation; 4) (optionally) acts of law application. It is summarized that the peculiarity of these means of the civil circulation legal regulation mechanism is the presence of «intersectoral component», caused by the specificity of civil circulation as an object of legal regulation. The author pays attention to the necessity of developing a general (intersectoral) doctrine of the civil circulation legal regulation mechanism. It is argued that the legal regulation of civil circulation is carried out not through a combination of two types of legal regulation – public law and private law types, but through the only one – general permissive type.
{"title":"On the Mechanism of Legal Regulation of Civil Circulation","authors":"Yu.V. Vinichenko","doi":"10.21639/2313-6715.2021.4.3.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.4.3.","url":null,"abstract":"This article is a development of the author's concept of civil circulation, according to which the latter should be perceived not as a legal form of economic circulation (as it is established in the Russian civilistic doctrine), but as a systematically organized sphere of actual (real) relations of subjects, representing an economic subsystem of society, which should be subject to legal regulation due to its social importance. Choosing the mechanism of legal regulation of civil circulation as the subject of this study, the author highlights approaches to the understanding of the mechanism of legal regulation (available in the general theory of law) and to the issue of its elements, the types of legal regulation allocated in science. On this basis, the author formulates a general definition of the mechanism of civil circulation legal regulation, and gives characteristics of legal regulation means and types of this social sphere. The mechanism of civil circulation legal regulation is defined as a system of legal means, by which legal regulation (ordering) of social connections (relations) that form civil circulation as a sphere of society is carried out. It is noted that the elements of the mechanism of civil circulation legal regulation are such legal means as: 1) norms of positive law; 2) (specific) legal relations of subjects of civil circulation; 3) acts of implementation of legal opportunities and obligations by participants in civil circulation; 4) (optionally) acts of law application. It is summarized that the peculiarity of these means of the civil circulation legal regulation mechanism is the presence of «intersectoral component», caused by the specificity of civil circulation as an object of legal regulation. The author pays attention to the necessity of developing a general (intersectoral) doctrine of the civil circulation legal regulation mechanism. It is argued that the legal regulation of civil circulation is carried out not through a combination of two types of legal regulation – public law and private law types, but through the only one – general permissive type.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"150 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":"123227631","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: 10.21639/2313-6715.2021.1.2.
I. Zernov
The article is devoted to the study of the federal territory organization constitutional and legal foundations. The article analyzes the constitutional acts of Russia on the issues of formation and functioning of the federal territory as a separate type of public law entities. It is established that in legal science there are different approaches to the definition of the concept «federal territory». In this connection the position of applying this term only in the political sense is justified. The author formulates the main characteristics of the federal territory as a public law entity, and examines the provisions of the Federal Law «On the Federal Territory "Sirius"», which defines the status, territorial structure, as well as the order of public power organization in the federal territory. It is indicated that the federal territory in Russia is a public law entity «with a special status», since public authorities are created and operate within its borders, with separate powers of federal, regional and municipal importance. Based on the results of the analysis of Russian legislation and legal literature, the content of the federal territory constitutional legal personality is shown, which has certain differences from other public legal entities (state subjects and municipalities).It is stated that the creation of federal territories is associated with the consistent implementation of the administrative reform stages aimed at improving the efficiency of the executive power in our country. In the study of the federal territory as a new constitutional and law institution, the author uses methods of analysis, synthesis, as well as formal legal, dialectical and systematic methods of scientific research, the combination of which made it possible to determine the constitutional and legal content of the federal territory as a new type of a public law entity.
{"title":"Constitutional Features of the Federal Territory Status: Issues of Theory and Practice","authors":"I. Zernov","doi":"10.21639/2313-6715.2021.1.2.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.1.2.","url":null,"abstract":"The article is devoted to the study of the federal territory organization constitutional and legal foundations. The article analyzes the constitutional acts of Russia on the issues of formation and functioning of the federal territory as a separate type of public law entities. It is established that in legal science there are different approaches to the definition of the concept «federal territory». In this connection the position of applying this term only in the political sense is justified. The author formulates the main characteristics of the federal territory as a public law entity, and examines the provisions of the Federal Law «On the Federal Territory \"Sirius\"», which defines the status, territorial structure, as well as the order of public power organization in the federal territory. It is indicated that the federal territory in Russia is a public law entity «with a special status», since public authorities are created and operate within its borders, with separate powers of federal, regional and municipal importance. Based on the results of the analysis of Russian legislation and legal literature, the content of the federal territory constitutional legal personality is shown, which has certain differences from other public legal entities (state subjects and municipalities).It is stated that the creation of federal territories is associated with the consistent implementation of the administrative reform stages aimed at improving the efficiency of the executive power in our country. In the study of the federal territory as a new constitutional and law institution, the author uses methods of analysis, synthesis, as well as formal legal, dialectical and systematic methods of scientific research, the combination of which made it possible to determine the constitutional and legal content of the federal territory as a new type of a public law entity.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"83 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":"122606289","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: 10.21639/2313-6715.2021.4.12.
E. Mikhalevich, A.O. Urumov
The rapid development of technologies based on artificial intelligence, in addition to obvious economic and technological advantages, carries challenges and threats associated with the use of these technologies by antisocial actors for malicious purposes. One of the most important aspects of studying such threats is the analysis of their impact on the architecture of international information and psychological security. In the direction of preventing and countering the threats of the malicious use of artificial intelligence, great attention should be paid to the development of a socially oriented system of proactive technical, political and legal measures and mechanisms. Achievement of this goal is possible only with an expert search and development at the state level of admissible and effective scientifically based decisions to strengthen the system of national, and subsequently international security. This analytical review presents the main ideas, forecasts and solutions voiced by authoritative experts in the field of political, historical, economic, technical sciences at the round table at the Institute of Topical International Problems of the Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation.
{"title":"Problems of the Malicious Use of Artificial Intelligence in the Context of International Psychological Security at the Round Table in the Diplomatic MFA RF Academy.","authors":"E. Mikhalevich, A.O. Urumov","doi":"10.21639/2313-6715.2021.4.12.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.4.12.","url":null,"abstract":"The rapid development of technologies based on artificial intelligence, in addition to obvious economic and technological advantages, carries challenges and threats associated with the use of these technologies by antisocial actors for malicious purposes. One of the most important aspects of studying such threats is the analysis of their impact on the architecture of international information and psychological security. In the direction of preventing and countering the threats of the malicious use of artificial intelligence, great attention should be paid to the development of a socially oriented system of proactive technical, political and legal measures and mechanisms. Achievement of this goal is possible only with an expert search and development at the state level of admissible and effective scientifically based decisions to strengthen the system of national, and subsequently international security. This analytical review presents the main ideas, forecasts and solutions voiced by authoritative experts in the field of political, historical, economic, technical sciences at the round table at the Institute of Topical International Problems of the Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","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":"123986772","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: 10.21639/2313-6715.2020.3.1
I. Zernov
{"title":"Public Legal Entities Bodies` Powers on Protecting Human Rights","authors":"I. Zernov","doi":"10.21639/2313-6715.2020.3.1","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.3.1","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"15 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":"125103324","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: 10.21639/2313-6715.2022.1.3.
G. Reiner, K. P. Tatarkina
The article analyses provisions of German civil law that establish special rules applicable to legal transactions, which are typically concluded in a large number of cases and comparable conditions (bulk transactions). Four examples are used to reveal, in terms of their ratio, four different types of rules introducing a special regulation of bulk transactions: (1) exceptions to freedom of contract due to lack of interest of the bulk contractor in selecting his contractual partner (e.g. the prohibition of discrimination); (2) rules taking into account the fact that the ability of bulk contractor to contract en masse is typically an indication of superior market power and therefore protecting the contractual partner against exploitation (e.g. regulation on standard terms and conditions); (3) rules protecting the market, which is endangered by companies acting illegally on a mass scale (e.g. disgorgement of profits under unfair competition law; the tort liability in the VW diesel case); and finally (4) rules enabling bulk business and competition between providers in the area of services of general interest (e.g. the concept of «suitability for bulk business" in the energy law).
{"title":"Bulk Transactions: A New Category of Civil Law in Germany?","authors":"G. Reiner, K. P. Tatarkina","doi":"10.21639/2313-6715.2022.1.3.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.1.3.","url":null,"abstract":"The article analyses provisions of German civil law that establish special rules applicable to legal transactions, which are typically concluded in a large number of cases and comparable conditions (bulk transactions). Four examples are used to reveal, in terms of their ratio, four different types of rules introducing a special regulation of bulk transactions: (1) exceptions to freedom of contract due to lack of interest of the bulk contractor in selecting his contractual partner (e.g. the prohibition of discrimination); (2) rules taking into account the fact that the ability of bulk contractor to contract en masse is typically an indication of superior market power and therefore protecting the contractual partner against exploitation (e.g. regulation on standard terms and conditions); (3) rules protecting the market, which is endangered by companies acting illegally on a mass scale (e.g. disgorgement of profits under unfair competition law; the tort liability in the VW diesel case); and finally (4) rules enabling bulk business and competition between providers in the area of services of general interest (e.g. the concept of «suitability for bulk business\" in the energy law).","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"9 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":"128528947","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: 10.21639/2313-6715.2022.3.5.
E. L. Vasyanina
Modern economic reality requires the formation of new approaches to the regulation of financial relations aimed at ensuring state sovereignty and the resistance of the state's financial system to economic crises of any scale. In the context of the structural restructuring of the world economy caused, on the one hand, by an increase in the gap between the real and virtual economies and, on the other hand, by the transition to a multipolar system of foreign economic relations. A number of paradigmatic positions and attitudes in the field of regulating financial relations are changing, new patterns are being formed, conditions and factors for the development of the financial system of the state. The formation of an effective legal model for the regulation of financial relations that meets modern challenges requires the study of key problems in the financial and legal sphere, identifying the causes and determining ways to resolve them. An analysis of financial legislation and law enforcement practice allows us to state that the problems in the implementation of the mechanism of financial and legal regulation are caused by: the use of alternative legal instruments for regulating financial relations; the implementation of numerous administrative procedures within the framework of the financial activities of the state, leveling the obligatory nature of financial legal relations; internal inconsistency of acts of financial legislation, etc. The development of the theory of financial law and financial legislation should be aimed at finding effective legal means aimed at consistent legislative consolidation of the completeness of the essential conditions of financial obligations, streamlining the system of measures of property liability for violation of financial legislation, working to eliminate internal inconsistency of financial legislation acts, etc.
{"title":"Actual Problems of Legal Regulation of Financial Relations","authors":"E. L. Vasyanina","doi":"10.21639/2313-6715.2022.3.5.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.3.5.","url":null,"abstract":"Modern economic reality requires the formation of new approaches to the regulation of financial relations aimed at ensuring state sovereignty and the resistance of the state's financial system to economic crises of any scale. In the context of the structural restructuring of the world economy caused, on the one hand, by an increase in the gap between the real and virtual economies and, on the other hand, by the transition to a multipolar system of foreign economic relations. A number of paradigmatic positions and attitudes in the field of regulating financial relations are changing, new patterns are being formed, conditions and factors for the development of the financial system of the state. The formation of an effective legal model for the regulation of financial relations that meets modern challenges requires the study of key problems in the financial and legal sphere, identifying the causes and determining ways to resolve them. An analysis of financial legislation and law enforcement practice allows us to state that the problems in the implementation of the mechanism of financial and legal regulation are caused by: the use of alternative legal instruments for regulating financial relations; the implementation of numerous administrative procedures within the framework of the financial activities of the state, leveling the obligatory nature of financial legal relations; internal inconsistency of acts of financial legislation, etc. The development of the theory of financial law and financial legislation should be aimed at finding effective legal means aimed at consistent legislative consolidation of the completeness of the essential conditions of financial obligations, streamlining the system of measures of property liability for violation of financial legislation, working to eliminate internal inconsistency of financial legislation acts, etc.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"88 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":"128609135","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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