Pub Date : 2023-09-20DOI: 10.37399/issn2072-909x.2023.10.82-92
Aleksandr V. Brilliantov
The article is devoted to the analysis of the elements of crimes “Public dissemination of knowingly false information about the use of the Armed Forces of the Russian Federation, the performance of their powers by state bodies of the Russian Federation” (Article 207.3 of the Criminal Code of the Russian Federation) and “Public actions aimed at discrediting the use of the Armed Forces of the Russian Federation in order to protect the interests of the Russian Federation and its citizens, maintain international peace and security or execution by state the bodies of the Russian Federation of their powers for these purposes” (art. 280.3 of the Criminal Code of the Russian Federation). The objects of crimes, elements of objective and subjective sides are compared, an attempt is made to distinguish between these elements. On the basis of the analysis, the problems associated with the practical application of the norms on the offenses in question are shown, and it is concluded that it is necessary to make adjustments to the criminal and administrative legislation. Judicial practice, materials of decisions of the Plenum of the Supreme Court of the Russian Federation are widely used.
{"title":"On Responsibility for the Dissemination of Knowingly False Information and Discrediting the Use of the Armed Forces: A Comparative Analysis","authors":"Aleksandr V. Brilliantov","doi":"10.37399/issn2072-909x.2023.10.82-92","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.10.82-92","url":null,"abstract":"The article is devoted to the analysis of the elements of crimes “Public dissemination of knowingly false information about the use of the Armed Forces of the Russian Federation, the performance of their powers by state bodies of the Russian Federation” (Article 207.3 of the Criminal Code of the Russian Federation) and “Public actions aimed at discrediting the use of the Armed Forces of the Russian Federation in order to protect the interests of the Russian Federation and its citizens, maintain international peace and security or execution by state the bodies of the Russian Federation of their powers for these purposes” (art. 280.3 of the Criminal Code of the Russian Federation). The objects of crimes, elements of objective and subjective sides are compared, an attempt is made to distinguish between these elements. On the basis of the analysis, the problems associated with the practical application of the norms on the offenses in question are shown, and it is concluded that it is necessary to make adjustments to the criminal and administrative legislation. Judicial practice, materials of decisions of the Plenum of the Supreme Court of the Russian Federation are widely used.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"193 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136378993","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 : 2023-09-20DOI: 10.37399/issn2072-909x.2023.10.104-111
Natalia N. Lunina
The article is devoted to the implementation of the right to protection by increasing the effectiveness of the consideration of complaints by courts in accordance with Article 125 of the Code of Criminal Procedure at the stage of initiation of a criminal case. Based on the analysis of the norms of Articles 6.1, 29, 144 of the Code of Criminal Procedure of the Russian Federation, the positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, attention is drawn to the problems that arise when considering complaints about decisions to initiate criminal proceedings and refusal to initiate criminal proceedings on reporting a crime. It is noted that the existing means of protecting the violated right are insufficient. The purpose of the study is the theoretical and practical justification of the need to improve the criminal procedure legislation and the practice of its application.
{"title":"Actual Issues of Realization of the Right to Defense at the Stage of Initiation of a Criminal Case","authors":"Natalia N. Lunina","doi":"10.37399/issn2072-909x.2023.10.104-111","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.10.104-111","url":null,"abstract":"The article is devoted to the implementation of the right to protection by increasing the effectiveness of the consideration of complaints by courts in accordance with Article 125 of the Code of Criminal Procedure at the stage of initiation of a criminal case. Based on the analysis of the norms of Articles 6.1, 29, 144 of the Code of Criminal Procedure of the Russian Federation, the positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, attention is drawn to the problems that arise when considering complaints about decisions to initiate criminal proceedings and refusal to initiate criminal proceedings on reporting a crime. It is noted that the existing means of protecting the violated right are insufficient. The purpose of the study is the theoretical and practical justification of the need to improve the criminal procedure legislation and the practice of its application.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136378994","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 : 2023-09-20DOI: 10.37399/issn2072-909x.2023.10.46-54
Tatyana V. Dautiya
The article analyzes the features of inheritance of exclusive rights to works and phonograms as the results of intellectual activity belonging to the testator. The author points out the difficulties that arise when proving by the heirs the fact of the inclusion of copyright and related rights in the mass of the succession and their volume since exclusive rights to such objects are not subject to registration. The author cites as an example the alienation by heirs of rights in respect of musical works, the exclusive rights to which belonged to the testator, provided that the heirs did not know that the testator, as the right holder, during his lifetime, such rights had already been alienated in favor of third parties (for example, on the basis of a license agreement on the rights of an exclusive license) that as a result, it generates a transaction of heirs for the disposal of intellectual property rights that do not belong to the heirs, that is, an insignificant transaction. At the same time, there is no bad faith on the part of the heirs when making such an insignificant transaction. The author concludes that the protection of the rights of heirs will be facilitated by the establishment of a presumption of ownership of copyrights to the results of intellectual activity to heirs in relation to the results of intellectual activity of the testator, in respect of which state registration of such a result is not required by law. At the same time, the existence of any restriction in the use of exclusive rights to the results of intellectual activity must be proved to third parties to whom exclusive or non-exclusive rights to the corresponding result of intellectual activity were transferred by the testator based on relevant contracts. The above, therefore, will lead to the ordering and accounting of contracts on the transfer of rights to such results of intellectual activity in order to avoid proving by the acquirer of such rights under the contract in court each time the fact of alienation of his rights by the right holder. It is concluded that when establishing the presumption of ownership of copyrights to the results of intellectual activity to heirs in respect of the results of intellectual activity of the testator, in respect of which state registration of such a result is not required by law, to persons to whom the rights to the relevant objects were transferred by the testator during his lifetime on the basis of transactions on the disposal of such rights, the burden of proving the ownership of such rights will be assigned to the acquirer, to which it will be necessary to challenge the rights of the heirs in respect of the relevant works, however, in order to avoid a plurality of lawsuits by third parties to challenge transactions on the disposal of copyright and related rights concluded by the heirs in respect of the same amount of intellectual property rights that the testator did not have at the time of death due to their alienation to third
{"title":"Court Disputes of Determining the Scope of Copyright and Related Rights to Works and Phonograms Acquired by Inheritance","authors":"Tatyana V. Dautiya","doi":"10.37399/issn2072-909x.2023.10.46-54","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.10.46-54","url":null,"abstract":"The article analyzes the features of inheritance of exclusive rights to works and phonograms as the results of intellectual activity belonging to the testator. The author points out the difficulties that arise when proving by the heirs the fact of the inclusion of copyright and related rights in the mass of the succession and their volume since exclusive rights to such objects are not subject to registration. The author cites as an example the alienation by heirs of rights in respect of musical works, the exclusive rights to which belonged to the testator, provided that the heirs did not know that the testator, as the right holder, during his lifetime, such rights had already been alienated in favor of third parties (for example, on the basis of a license agreement on the rights of an exclusive license) that as a result, it generates a transaction of heirs for the disposal of intellectual property rights that do not belong to the heirs, that is, an insignificant transaction. At the same time, there is no bad faith on the part of the heirs when making such an insignificant transaction. The author concludes that the protection of the rights of heirs will be facilitated by the establishment of a presumption of ownership of copyrights to the results of intellectual activity to heirs in relation to the results of intellectual activity of the testator, in respect of which state registration of such a result is not required by law. At the same time, the existence of any restriction in the use of exclusive rights to the results of intellectual activity must be proved to third parties to whom exclusive or non-exclusive rights to the corresponding result of intellectual activity were transferred by the testator based on relevant contracts. The above, therefore, will lead to the ordering and accounting of contracts on the transfer of rights to such results of intellectual activity in order to avoid proving by the acquirer of such rights under the contract in court each time the fact of alienation of his rights by the right holder. It is concluded that when establishing the presumption of ownership of copyrights to the results of intellectual activity to heirs in respect of the results of intellectual activity of the testator, in respect of which state registration of such a result is not required by law, to persons to whom the rights to the relevant objects were transferred by the testator during his lifetime on the basis of transactions on the disposal of such rights, the burden of proving the ownership of such rights will be assigned to the acquirer, to which it will be necessary to challenge the rights of the heirs in respect of the relevant works, however, in order to avoid a plurality of lawsuits by third parties to challenge transactions on the disposal of copyright and related rights concluded by the heirs in respect of the same amount of intellectual property rights that the testator did not have at the time of death due to their alienation to third","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"2016 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136378996","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 : 2023-09-20DOI: 10.37399/issn2072-909x.2023.10.21-28
Ekaterina A. Bochkareva
The article presents the results of the analysis of the decisions of arbitration courts on disputes arising in connection with the application of Article 70 of the Federal Law “On Insolvency (Bankruptcy)” on the involvement of an auditor to conduct a mandatory audit of the debtor. As circumstances identified by the courts for the correct resolution of these disputes, the mandatory nature of the audit, as well as the content of the auditor’s activities and the documentation prepared by him, are considered. The approaches that have been formed in judicial practice regarding the ratio of the obligation to conduct financial analysis in bankruptcy proceedings and the obligation to engage an auditor are identified and disclosed. It is proposed to clarify paragraph 2 of Article 70 of the Federal Law “On Insolvency (Bankruptcy)” in terms of specifying the content of the duties of an interim manager and the auditor involved by him. It is concluded that it is necessary to supplement part 1 “Legal support of bankruptcy procedures” of the Unified training program for arbitration managers with a topic devoted to the legal regulation of audit activities.
{"title":"Mandatory Audit of Business Entities in Bankruptcy Proceedings: Law Enforcement Aspects","authors":"Ekaterina A. Bochkareva","doi":"10.37399/issn2072-909x.2023.10.21-28","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.10.21-28","url":null,"abstract":"The article presents the results of the analysis of the decisions of arbitration courts on disputes arising in connection with the application of Article 70 of the Federal Law “On Insolvency (Bankruptcy)” on the involvement of an auditor to conduct a mandatory audit of the debtor. As circumstances identified by the courts for the correct resolution of these disputes, the mandatory nature of the audit, as well as the content of the auditor’s activities and the documentation prepared by him, are considered. The approaches that have been formed in judicial practice regarding the ratio of the obligation to conduct financial analysis in bankruptcy proceedings and the obligation to engage an auditor are identified and disclosed. It is proposed to clarify paragraph 2 of Article 70 of the Federal Law “On Insolvency (Bankruptcy)” in terms of specifying the content of the duties of an interim manager and the auditor involved by him. It is concluded that it is necessary to supplement part 1 “Legal support of bankruptcy procedures” of the Unified training program for arbitration managers with a topic devoted to the legal regulation of audit activities.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136379131","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 : 2023-09-20DOI: 10.37399/issn2072-909x.2023.10.38-45
Diana R. Mamyasheva
The article is devoted to the analysis of the development of legal regulation of strategic planning acts. The development of legislation on strategic planning in the post-Soviet period, the peculiarities of the legal form of strategic planning acts and their content are considered. Acts of strategic planning are considered in the system where the main place is given to the Constitution of the Russian Federation. Other acts are system-forming normative acts in the field of strategic planning, acts that empower various entities in the field of development, preparation, consideration, discussion, approval (approval) of draft strategic planning documents; defining the procedure and procedures for strategic planning; establishing references to documents strategic planning, their mandatory accounting or compliance with their activities; as well as regulatory acts approving and, accordingly, containing the acts of strategic planning themselves.
{"title":"Development of Legal Regulation of Strategic Planning Acts in Modern Russia","authors":"Diana R. Mamyasheva","doi":"10.37399/issn2072-909x.2023.10.38-45","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.10.38-45","url":null,"abstract":"The article is devoted to the analysis of the development of legal regulation of strategic planning acts. The development of legislation on strategic planning in the post-Soviet period, the peculiarities of the legal form of strategic planning acts and their content are considered. Acts of strategic planning are considered in the system where the main place is given to the Constitution of the Russian Federation. Other acts are system-forming normative acts in the field of strategic planning, acts that empower various entities in the field of development, preparation, consideration, discussion, approval (approval) of draft strategic planning documents; defining the procedure and procedures for strategic planning; establishing references to documents strategic planning, their mandatory accounting or compliance with their activities; as well as regulatory acts approving and, accordingly, containing the acts of strategic planning themselves.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136378995","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 : 2023-09-20DOI: 10.37399/issn2072-909x.2023.10.55-63
Vladimir A. Lesnykh
The article defines the features of determining the subject composition in the resolution of separate disputes in bankruptcy cases related to the recovery of losses from the former managers of the debtor. The cases of applying the presumption of control over the activities of a legal entity, taking into account the effect of paragraph 3 of Article 53.1 of the Civil Code of the Russian Federation and Article 61.10 of the Bankruptcy Law in relation to shadow managers, are investigated. In particular, on the distribution of the burden of proof in the presence of information about the shadow leadership and the consequences of such a statement. The author criticizes the incompleteness of the normative definitions of the concept of persons who have the actual ability to determine the actions of a legal entity, and believes that the consequence of this was the inability in practice to hold the shadow leadership accountable. Using examples from judicial practice, an approach is developed to differentiate the statuses of a nominal and shadow director. It is proposed to give an answer to the question of which of these persons is subject to prosecution. The decision is made by the author depending on the statement of their receipt of benefits arising from the commission of unfair actions. The cases are analyzed when the nominee director is not held accountable, despite the actual participation in the management body of a legal entity. It is concluded that the presumption of activity control is not applied in practice to shadow beneficiaries, which excessively complicates the process of holding them accountable. In order to ensure a balance between the “legitimate” persons controlling the debtor and the “shadow”, it is necessary to approach the burden of proof differently, in particular, to simplify the reclamation of evidence. To introduce the grounds for the occurrence of such a presumption.
{"title":"Features of Recovery of Losses from Shadow Management in the Framework of a Bankruptcy Case","authors":"Vladimir A. Lesnykh","doi":"10.37399/issn2072-909x.2023.10.55-63","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.10.55-63","url":null,"abstract":"The article defines the features of determining the subject composition in the resolution of separate disputes in bankruptcy cases related to the recovery of losses from the former managers of the debtor. The cases of applying the presumption of control over the activities of a legal entity, taking into account the effect of paragraph 3 of Article 53.1 of the Civil Code of the Russian Federation and Article 61.10 of the Bankruptcy Law in relation to shadow managers, are investigated. In particular, on the distribution of the burden of proof in the presence of information about the shadow leadership and the consequences of such a statement. The author criticizes the incompleteness of the normative definitions of the concept of persons who have the actual ability to determine the actions of a legal entity, and believes that the consequence of this was the inability in practice to hold the shadow leadership accountable. Using examples from judicial practice, an approach is developed to differentiate the statuses of a nominal and shadow director. It is proposed to give an answer to the question of which of these persons is subject to prosecution. The decision is made by the author depending on the statement of their receipt of benefits arising from the commission of unfair actions. The cases are analyzed when the nominee director is not held accountable, despite the actual participation in the management body of a legal entity. It is concluded that the presumption of activity control is not applied in practice to shadow beneficiaries, which excessively complicates the process of holding them accountable. In order to ensure a balance between the “legitimate” persons controlling the debtor and the “shadow”, it is necessary to approach the burden of proof differently, in particular, to simplify the reclamation of evidence. To introduce the grounds for the occurrence of such a presumption.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136378990","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 : 2023-09-20DOI: 10.37399/issn2072-909x.2023.10.93-103
Tatiana A. Litovchenko, Andrey V. Makarov
The present study is devoted to the lack of proper legal regulation in the Russian criminal law of responsibility for violence in family relationships. The amendments and additions made in 2016–2017 to the Criminal Code of the Russian Federation and the Code of Administrative Offences of the Russian Federation regarding responsibility for inflicting beatings or other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of the Criminal Code of the Russian Federation, in particular, the decriminalization of beatings against loved ones, are currently questionable and a number of questions. The article analyzes the proposals of researchers on the problem of domestic violence, as well as their own conclusions on the issue of legal regulation of domestic violence. The authors recommended criminalizing domestic violence as a separate crime.
{"title":"Modernization of Criminal Legislation in the Context of Criminalization of Responsibility for Social and Domestic Violence","authors":"Tatiana A. Litovchenko, Andrey V. Makarov","doi":"10.37399/issn2072-909x.2023.10.93-103","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.10.93-103","url":null,"abstract":"The present study is devoted to the lack of proper legal regulation in the Russian criminal law of responsibility for violence in family relationships. The amendments and additions made in 2016–2017 to the Criminal Code of the Russian Federation and the Code of Administrative Offences of the Russian Federation regarding responsibility for inflicting beatings or other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of the Criminal Code of the Russian Federation, in particular, the decriminalization of beatings against loved ones, are currently questionable and a number of questions. The article analyzes the proposals of researchers on the problem of domestic violence, as well as their own conclusions on the issue of legal regulation of domestic violence. The authors recommended criminalizing domestic violence as a separate crime.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136378991","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 : 2023-09-20DOI: 10.37399/issn2072-909x.2023.10.72-81
Ekaterina S. Terdi, Mikhail V. Aseev
Imperatively established by the Russian civil legislation judicial procedure of termination of the residential tenancy agreement by the landlord is criticized in the article. Evaluation of its effectiveness for the formulation of the proposals for the development of the art. 687 of the Russian Civil Code is the purpose of the study. Its objective is comparative analysis of the legal regulation of the termination of the residential tenancy agreement by the landlord under the Russian Civil Code, legislation of 4 republican (Texas, Idaho, Utah, Wyoming) and 4 democratic (Washington, New Mexico, New York, Illinois) American states with taking into account legal regulation of relevant relations in Germany and France. The purpose and the objective of the study determine the predominant use of the method of comparative legal analysis. Two alternative models of reform of the art. 687 of the Russian Civil Code, whose provisions are recognized as a relic of Soviet law, ineffective in a market economy, were offered by the authors. The experience of Germany and France is an argument in favor of so-called regulatory model of reform that allows the unilateral termination of the residential tenancy agreement by the landlord only on the reasons provided by law (not by the agreement). An analysis of the legislation of both republican and democratic American states permits characterizing it as a less restrictive to the principle of freedom of contract, since it allows stating in the agreement the reasons for its unilateral termination by the landlord. However, it excludes the right of the parties of the residential tenancy agreement to provide to the landlord the right of its unmotivated unilateral termination. Unlike legislation of the USA, this right might be provided to the landlord under so-called dispositive model of reform, proposed by the authors as the closest to the actual situation in the Russian market of residential tenancy. It is assumed that the condition for realization of this right must be a notice to the counterparty at least 1 month in advance. Within this model right of unmotivated unilateral termination of the agreement may be provided to the landlord only if the same right is granted to the tenant. One of the advantages of this model is that its implementation will eliminate due to lack of demand the widespread practice of stating in the residential tenancy agreement restricting the legal capacity of citizens and therefore void conditions. It will contribute to the unloading of the Russian judicial system by eliminating disputes over these conditions.
{"title":"Critique of the Provisions of the Russian Civil Code on the Termination of Tenancy Agreements in a Comparative Legal Perspective","authors":"Ekaterina S. Terdi, Mikhail V. Aseev","doi":"10.37399/issn2072-909x.2023.10.72-81","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.10.72-81","url":null,"abstract":"Imperatively established by the Russian civil legislation judicial procedure of termination of the residential tenancy agreement by the landlord is criticized in the article. Evaluation of its effectiveness for the formulation of the proposals for the development of the art. 687 of the Russian Civil Code is the purpose of the study. Its objective is comparative analysis of the legal regulation of the termination of the residential tenancy agreement by the landlord under the Russian Civil Code, legislation of 4 republican (Texas, Idaho, Utah, Wyoming) and 4 democratic (Washington, New Mexico, New York, Illinois) American states with taking into account legal regulation of relevant relations in Germany and France. The purpose and the objective of the study determine the predominant use of the method of comparative legal analysis. Two alternative models of reform of the art. 687 of the Russian Civil Code, whose provisions are recognized as a relic of Soviet law, ineffective in a market economy, were offered by the authors. The experience of Germany and France is an argument in favor of so-called regulatory model of reform that allows the unilateral termination of the residential tenancy agreement by the landlord only on the reasons provided by law (not by the agreement). An analysis of the legislation of both republican and democratic American states permits characterizing it as a less restrictive to the principle of freedom of contract, since it allows stating in the agreement the reasons for its unilateral termination by the landlord. However, it excludes the right of the parties of the residential tenancy agreement to provide to the landlord the right of its unmotivated unilateral termination. Unlike legislation of the USA, this right might be provided to the landlord under so-called dispositive model of reform, proposed by the authors as the closest to the actual situation in the Russian market of residential tenancy. It is assumed that the condition for realization of this right must be a notice to the counterparty at least 1 month in advance. Within this model right of unmotivated unilateral termination of the agreement may be provided to the landlord only if the same right is granted to the tenant. One of the advantages of this model is that its implementation will eliminate due to lack of demand the widespread practice of stating in the residential tenancy agreement restricting the legal capacity of citizens and therefore void conditions. It will contribute to the unloading of the Russian judicial system by eliminating disputes over these conditions.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136379132","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 : 2023-09-20DOI: 10.37399/issn2072-909x.2023.10.5-10
Ioann V. Botantsov
The judicial statutes of 1864 consolidated the provisions on the reform of not only the court, but also a number of other institutions, then attributed by the legislator to the judicial system. A significant place among them was taken by the notary. The inclusion of the Provision on the Notarial Part in the composition of Judicial Charters, and notaries in the number of judicial officers meant that the latter were endowed with the function of preventive justice. Notaries were considered as persons authorized to prevent disputes by their actions, and sometimes to facilitate their resolution. At the same time, the role of notaries in the implementation of Judicial reform is not sufficiently disclosed by domestic researchers. The author analyzes the activities of notaries in general and a number of individual notarial actions directly aimed at assisting judicial authorities. The article presents a complete list of notarial actions that were consulted by notaries in accordance with the provisions of the Judicial Reform. The author comes to the conclusion about the significant contribution of the notary to the activities of the post-reform court and the formation of the judicial system after 1864, as well as the key role of Judicial reform in the development of the institution of the notary in Russia.
{"title":"The Role of the Notary in the Implementation of the Provisions of the Judicial Statutes of 1864","authors":"Ioann V. Botantsov","doi":"10.37399/issn2072-909x.2023.10.5-10","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.10.5-10","url":null,"abstract":"The judicial statutes of 1864 consolidated the provisions on the reform of not only the court, but also a number of other institutions, then attributed by the legislator to the judicial system. A significant place among them was taken by the notary. The inclusion of the Provision on the Notarial Part in the composition of Judicial Charters, and notaries in the number of judicial officers meant that the latter were endowed with the function of preventive justice. Notaries were considered as persons authorized to prevent disputes by their actions, and sometimes to facilitate their resolution. At the same time, the role of notaries in the implementation of Judicial reform is not sufficiently disclosed by domestic researchers. The author analyzes the activities of notaries in general and a number of individual notarial actions directly aimed at assisting judicial authorities. The article presents a complete list of notarial actions that were consulted by notaries in accordance with the provisions of the Judicial Reform. The author comes to the conclusion about the significant contribution of the notary to the activities of the post-reform court and the formation of the judicial system after 1864, as well as the key role of Judicial reform in the development of the institution of the notary in Russia.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136379136","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 : 2023-09-20DOI: 10.37399/issn2072-909x.2023.10.29-37
Evgeny I. Kunin
Problem statement. The specifics of the illegal distribution of copyright and related rights, namely the number of violations and the speed of their distribution, makes it impossible to identify and eliminate violations in an automated mode. The goals and objectives. To analyze the existing technical means that should be used to protect copyright and related rights on the Internet; to form an original classification of technical means in terms of their functional features; to develop a functional scheme of the protocol of actions of the copyright holder to stop the violation of copyright and/or related rights and to identify steps that can be automated using technical means. Results. Based on the analysis of statistical information on the number of network users, registered domain names and detected pirate sites, it was concluded that it is impossible to manually search and respond to violations of copyright and/or related rights.
{"title":"The Use of Technical Tools for the Protection of Copyright and Related Rights on the Internet","authors":"Evgeny I. Kunin","doi":"10.37399/issn2072-909x.2023.10.29-37","DOIUrl":"https://doi.org/10.37399/issn2072-909x.2023.10.29-37","url":null,"abstract":"Problem statement. The specifics of the illegal distribution of copyright and related rights, namely the number of violations and the speed of their distribution, makes it impossible to identify and eliminate violations in an automated mode. The goals and objectives. To analyze the existing technical means that should be used to protect copyright and related rights on the Internet; to form an original classification of technical means in terms of their functional features; to develop a functional scheme of the protocol of actions of the copyright holder to stop the violation of copyright and/or related rights and to identify steps that can be automated using technical means. Results. Based on the analysis of statistical information on the number of network users, registered domain names and detected pirate sites, it was concluded that it is impossible to manually search and respond to violations of copyright and/or related rights.","PeriodicalId":487513,"journal":{"name":"Российское правосудие","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136379138","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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