Pub Date : 1900-01-01DOI: 10.21639/2313-6715.2020.2.9
A. Ushakova
{"title":"Specialty 12.00.06: a statistical study of subject matters and the number of dissertations","authors":"A. Ushakova","doi":"10.21639/2313-6715.2020.2.9","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.2.9","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"16 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":"125660134","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: 10.21639/2313-6715.2021.4.5.
A. Suslov
The article analyzes the problems associated with the refusals of public authorities to requests of participants in civil law relations. The significance of civil studies of this problem is argued. It is proposed to distinguish two types of refusals of public authorities to participants of civil relations: refusals to perform legal actions and refusals to perform actual actions. The consequence of the first ones will be the non-occurrence of civil legal relations (legal fact, object, legal personality), the consequence of the second – the possibility of committed actions qualification by subjects of civil law as unlawful. Legal nature of refusal of public authorities to participants of civil law relations is analyzed. The author concludes that it is impossible to qualify such refusals as unilateral transactions, despite the fact that these actions give rise to civil law consequences, proposes to characterize these types of refusals as a special category – a legal obligation, pays attention to the need to clarify terminology and to distinguish between the concepts «issuing consents» and «issuing authorizations». The issues related to contestation of public authorities’ refusals are examined. The author concludes that such refusals affect the focus and the course of the enforcement process in private law, and therefore this technical and legal method is subject to further study in the framework of civic studies.
{"title":"Refusals of Public Authorities to Participants in Civil Law Relations","authors":"A. Suslov","doi":"10.21639/2313-6715.2021.4.5.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.4.5.","url":null,"abstract":"The article analyzes the problems associated with the refusals of public authorities to requests of participants in civil law relations. The significance of civil studies of this problem is argued. It is proposed to distinguish two types of refusals of public authorities to participants of civil relations: refusals to perform legal actions and refusals to perform actual actions. The consequence of the first ones will be the non-occurrence of civil legal relations (legal fact, object, legal personality), the consequence of the second – the possibility of committed actions qualification by subjects of civil law as unlawful. Legal nature of refusal of public authorities to participants of civil law relations is analyzed. The author concludes that it is impossible to qualify such refusals as unilateral transactions, despite the fact that these actions give rise to civil law consequences, proposes to characterize these types of refusals as a special category – a legal obligation, pays attention to the need to clarify terminology and to distinguish between the concepts «issuing consents» and «issuing authorizations». The issues related to contestation of public authorities’ refusals are examined. The author concludes that such refusals affect the focus and the course of the enforcement process in private law, and therefore this technical and legal method is subject to further study in the framework of civic studies.","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":"126027198","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: 10.21639/2313-6715.2019.2.7
V. V. Mishin, Zaozersk Garrison Military Court Murmansk
{"title":"o the issue of conditions and grounds of the criminal procedure application of art. 25 (Code of criminal procedure of the Russian Federation)","authors":"V. V. Mishin, Zaozersk Garrison Military Court Murmansk","doi":"10.21639/2313-6715.2019.2.7","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.2.7","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"1 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":"130338820","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: 10.21639/2313-6715.2021.4.8.
P.Yu. Medyankin
The subject of the study is the provisions of corporate legislation on the corporate agreement in terms of analysis of non-standard for corporate relations legal construction of the contract between creditors of the company and other third parties with participants of the economic society – the so-called «quasi-corporate agreement». Despite the annually increasing popularity of this legal construction, legislation in this area contains many legal gaps, which have not yet been filled by law enforcement practice. The positions of leading domestic legal scholars also remain ambiguous. Using members of the joint stock company board of directors as an example, the author raises questions concerning the subject composition of quasi-corporate agreements. Can a member of the joint stock company board of directors, who is not a shareholder of the company, conclude a quasi-corporate agreement with creditors of the company and other third parties? The author concludes that the narrowing of the circle of third parties in the quasi-corporate agreement is inexpedient. Moreover, members of a company`s board of directors are competent to act as a party of such an agreement. Restricting exclusively by participants of a business company the list of persons who may act both on the side of a business company and on the side of third parties in quasi-corporate contracts concluded in the order of clause 9 article 67.2 of the Civil Code, does not meet the original (legislatively enshrined) purpose of such agreements.
{"title":"Participation of a Member of the Board of Directors in a Quasi-corporate Agreement: Legal Basis and Problematic Aspects","authors":"P.Yu. Medyankin","doi":"10.21639/2313-6715.2021.4.8.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.4.8.","url":null,"abstract":"The subject of the study is the provisions of corporate legislation on the corporate agreement in terms of analysis of non-standard for corporate relations legal construction of the contract between creditors of the company and other third parties with participants of the economic society – the so-called «quasi-corporate agreement». Despite the annually increasing popularity of this legal construction, legislation in this area contains many legal gaps, which have not yet been filled by law enforcement practice. The positions of leading domestic legal scholars also remain ambiguous. Using members of the joint stock company board of directors as an example, the author raises questions concerning the subject composition of quasi-corporate agreements. Can a member of the joint stock company board of directors, who is not a shareholder of the company, conclude a quasi-corporate agreement with creditors of the company and other third parties? The author concludes that the narrowing of the circle of third parties in the quasi-corporate agreement is inexpedient. Moreover, members of a company`s board of directors are competent to act as a party of such an agreement. Restricting exclusively by participants of a business company the list of persons who may act both on the side of a business company and on the side of third parties in quasi-corporate contracts concluded in the order of clause 9 article 67.2 of the Civil Code, does not meet the original (legislatively enshrined) purpose of such agreements.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"19 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":"132253013","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: 10.21639/2313-6715.2020.4.4
A. Petrič
The purpose of this study is to identify areas of public life for which legal self-regulation is relevant as a social regulator and an expression of independent and initiative activity of subjects of modern legal relations, characterized by a high level of organization of their subjects and a wide range of opportunities for solving problems arising in the course of their activities. The article describes the types of relationships developing at the national level and addressed through the rules of legal regulation, as well as in the context of the study the author examines the peculiarities of self-regulation application at the supranational level and defines the scope of the regulation and its peculiarities at this level. In addition, the author considers the relationship between legal self-regulation and state legal rules when considering each of the areas of legal self-regulation application, the degree of their interdependence and the line between freedom and coercion of subjects of such legal relations. The author identifies a variety of areas of legal relations regulated by legal self-regulation rules, particularly of such rules as well as the complexity of the legal self-regulation system, formed on the grounds of its scope. The author concludes on the further expansion of these areas, as well as on supplementing them with normative legal regulation.
{"title":"System of Legal Self-regulation in Light of its Application in Various Sphere of Public Relations","authors":"A. Petrič","doi":"10.21639/2313-6715.2020.4.4","DOIUrl":"https://doi.org/10.21639/2313-6715.2020.4.4","url":null,"abstract":"The purpose of this study is to identify areas of public life for which legal self-regulation is relevant as a social regulator and an expression of independent and initiative activity of subjects of modern legal relations, characterized by a high level of organization of their subjects and a wide range of opportunities for solving problems arising in the course of their activities. The article describes the types of relationships developing at the national level and addressed through the rules of legal regulation, as well as in the context of the study the author examines the peculiarities of self-regulation application at the supranational level and defines the scope of the regulation and its peculiarities at this level. In addition, the author considers the relationship between legal self-regulation and state legal rules when considering each of the areas of legal self-regulation application, the degree of their interdependence and the line between freedom and coercion of subjects of such legal relations. The author identifies a variety of areas of legal relations regulated by legal self-regulation rules, particularly of such rules as well as the complexity of the legal self-regulation system, formed on the grounds of its scope. The author concludes on the further expansion of these areas, as well as on supplementing them with normative legal regulation.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"1 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":"131327435","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: 10.21639/2313-6715.2022.3.7
S. Parkhomenko, B. B. Zhigzhitova
The article highlights the results of the analysis of modern foreign legislative regulation of extreme necessity in the system of circumstances that exclude criminality of the act, fundamental concepts and international practice of resolving the situations connected to clash of interests in protected social relations and evaluation of legal consequences of the situations of the same kind. Using the method of comparative analysis that is expressed in comparing particular features and qualities that are intrinsic to the researched institutions with its domestic specifics led to reaching of the following goal: holistic view was formed in researching of special features of the viewed legal phenomenon. The issues of domestic practice of building of the norm of the extreme necessity were analyzed and successfully applied. The mentioned imperfections of foreign regulatory acts in regulation of extreme necessity allows preventing ungrounded implementation of norms of foreign legislature. They also allows preventing building of wrong practice of legislative regulation of norms in the sphere implementation of the domestic criminal law policy to ensure the protection of individual and collective goods, the legitimate interests of society and the state. The author of the article comprehends the attitude to the creature, legal content and the purpose of the institute of extreme necessity. The author also distinguishes possible promising directions for the development of Chapter 8 of the Criminal Law of the Russian Federation.
{"title":"Experience of Legislative Regulation of Extreme Necessity: Compfrftive Analysis.","authors":"S. Parkhomenko, B. B. Zhigzhitova","doi":"10.21639/2313-6715.2022.3.7","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.3.7","url":null,"abstract":"The article highlights the results of the analysis of modern foreign legislative regulation of extreme necessity in the system of circumstances that exclude criminality of the act, fundamental concepts and international practice of resolving the situations connected to clash of interests in protected social relations and evaluation of legal consequences of the situations of the same kind. Using the method of comparative analysis that is expressed in comparing particular features and qualities that are intrinsic to the researched institutions with its domestic specifics led to reaching of the following goal: holistic view was formed in researching of special features of the viewed legal phenomenon. The issues of domestic practice of building of the norm of the extreme necessity were analyzed and successfully applied. The mentioned imperfections of foreign regulatory acts in regulation of extreme necessity allows preventing ungrounded implementation of norms of foreign legislature. They also allows preventing building of wrong practice of legislative regulation of norms in the sphere implementation of the domestic criminal law policy to ensure the protection of individual and collective goods, the legitimate interests of society and the state. The author of the article comprehends the attitude to the creature, legal content and the purpose of the institute of extreme necessity. The author also distinguishes possible promising directions for the development of Chapter 8 of the Criminal Law of the Russian Federation.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"42 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":"121546682","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: 10.21639/2313-6715.2019.1.5
E. Sidorova
{"title":"ON THE INDIVIDUAL DETERMINANTS OF CRIMES COMMITTED BY STUDENTS OF SECONDARY AND VOCATIONAL EDUCATION ORGANIZATIONS","authors":"E. Sidorova","doi":"10.21639/2313-6715.2019.1.5","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.1.5","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"101 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":"124711890","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: 10.21639/2313-6715.2021.2.1.
I. Yagofarova
The article is devoted to the introduction of digital technologies in law-making activities. The process of digitalization has actively affected economic relations, which has led to the transformation of public administration. Law, being the main regulator of public relations, is also undergoing significant changes. The subject of the study is the results of the digitalization of law-making activities, which leave an imprint on the entire system of state and legal relations. The article presents a bibliographic review of modern works on this issue, describes the main trends in this area, and assesses the practical results of the digital technologies impact on law-making. The models of digitalization are analyzed: automation of all processes, which assumes the absolute exclusion of a person and the preservation of human participation at the stage of making the final decision. The author investigates the main stages of law-making activity, where the use of digital technologies is possible: the formation of law-making initiatives; the process of preparing a normative legal act; discussion of the draft normative legal act; the voting process; the process of promulgation and publication. The author provides the examples of specific electronic platforms: «Russian Public Initiative», the System for Ensuring Legislative Activity, Simplex+, Reaching everyone for active citizenship & home (REACH) and specific technologies (ML-model, LL-model, blockchain), both already used and developed in Russia and abroad. It is indicated that digital technologies can be used to systematize regulatory legal acts, and the question of using digital technologies in predicting the future directions of legal regulation is raised. It is concluded that it is necessary to determine the main directions and principles of digitalization of law-making, the goals and limits of the introduction of digital technologies in the law-making process.
{"title":"Digital Technologies in Law-making Activity: Theoretical and Legal Aspect","authors":"I. Yagofarova","doi":"10.21639/2313-6715.2021.2.1.","DOIUrl":"https://doi.org/10.21639/2313-6715.2021.2.1.","url":null,"abstract":"The article is devoted to the introduction of digital technologies in law-making activities. The process of digitalization has actively affected economic relations, which has led to the transformation of public administration. Law, being the main regulator of public relations, is also undergoing significant changes. The subject of the study is the results of the digitalization of law-making activities, which leave an imprint on the entire system of state and legal relations. The article presents a bibliographic review of modern works on this issue, describes the main trends in this area, and assesses the practical results of the digital technologies impact on law-making. The models of digitalization are analyzed: automation of all processes, which assumes the absolute exclusion of a person and the preservation of human participation at the stage of making the final decision. The author investigates the main stages of law-making activity, where the use of digital technologies is possible: the formation of law-making initiatives; the process of preparing a normative legal act; discussion of the draft normative legal act; the voting process; the process of promulgation and publication. The author provides the examples of specific electronic platforms: «Russian Public Initiative», the System for Ensuring Legislative Activity, Simplex+, Reaching everyone for active citizenship & home (REACH) and specific technologies (ML-model, LL-model, blockchain), both already used and developed in Russia and abroad. It is indicated that digital technologies can be used to systematize regulatory legal acts, and the question of using digital technologies in predicting the future directions of legal regulation is raised. It is concluded that it is necessary to determine the main directions and principles of digitalization of law-making, the goals and limits of the introduction of digital technologies in the law-making process.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"84 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":"124314529","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: 10.21639/2313-6715.2019.2.8
Yu.N. Rumiantseva
{"title":"Antimonopoly compliance as a part of the compliance program of the russian legislation implementation","authors":"Yu.N. Rumiantseva","doi":"10.21639/2313-6715.2019.2.8","DOIUrl":"https://doi.org/10.21639/2313-6715.2019.2.8","url":null,"abstract":"","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"33 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":"114581623","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: 10.21639/2313-6715.2022.1.10.
M. Kostyuchenko
The subjects of the study are the norms of the business trip institute in the labor legislation of the Russian Federation and other acts containing the norms of labour law, which allow to identify its essential features. The author analyzes the definition of a business trip specified in article 166 of the Labor Code of the RF, its features and duration. It is noted that the maximum term of a business trip is not legally limited, so the employer has the right to send an employee on a business trip of any length. The problematic issues of providing guarantees when sending employees on business trips, as well as reimbursement of costs associated with them are considered. It should be kept in mind that Article 166 of the RF Labor Code explicitly excludes from the business trips those employees, whose permanent work is carried out by travel status or has traveling nature. Consequently, expenses incurred by employees whose work is connected with regular business trips or with the itinerant nature of work cannot be regarded as business travel expenses. There are some differences between a business trip and a business travel with the itinerant nature of work. In particular, they consist in the fact that a business trip is usually of a one-time nature, while the itinerant nature of work implies regular business trips characteristic of this type of activity. In addition, the itinerant nature of work is an evaluative category, so the employer has the right to independently decide which jobs in the organization have the itinerant nature.
{"title":"To the Issue of Business Trips in Labour Law of the Russian Federation","authors":"M. Kostyuchenko","doi":"10.21639/2313-6715.2022.1.10.","DOIUrl":"https://doi.org/10.21639/2313-6715.2022.1.10.","url":null,"abstract":"The subjects of the study are the norms of the business trip institute in the labor legislation of the Russian Federation and other acts containing the norms of labour law, which allow to identify its essential features. The author analyzes the definition of a business trip specified in article 166 of the Labor Code of the RF, its features and duration. It is noted that the maximum term of a business trip is not legally limited, so the employer has the right to send an employee on a business trip of any length. The problematic issues of providing guarantees when sending employees on business trips, as well as reimbursement of costs associated with them are considered. It should be kept in mind that Article 166 of the RF Labor Code explicitly excludes from the business trips those employees, whose permanent work is carried out by travel status or has traveling nature. Consequently, expenses incurred by employees whose work is connected with regular business trips or with the itinerant nature of work cannot be regarded as business travel expenses. There are some differences between a business trip and a business travel with the itinerant nature of work. In particular, they consist in the fact that a business trip is usually of a one-time nature, while the itinerant nature of work implies regular business trips characteristic of this type of activity. In addition, the itinerant nature of work is an evaluative category, so the employer has the right to independently decide which jobs in the organization have the itinerant nature.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"1 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":"114467124","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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