Pub Date : 2023-08-18DOI: 10.37399/issn2072-909x.2023.9.60-69
Anastasia O. Kirillova
The article is devoted to identifying similarities and differences between a preliminary agreement and related legal structures (framework agreement, smart contract, option). For these purposes, the author analyzes the preliminary contract, the framework contract, the smart contract, as a result of which, as well as on the basis of the comparative method and the modeling method, he comes to the conclusion that the structures of the option, the framework contract are duplicated in relation to the preliminary contract, at the same time proving that this shortcoming can be eliminated by reforming the preliminary contract. The author concludes that a preliminary contract is a generalized concept that includes various legal relations aimed at their organization in the future, necessary to generate certain legal consequences, in particular legal relations associated with the conclusion of the main contract. In this regard, the article formulated a proposal on the possibility of creating a single special contractual structure of a preliminary contract, combining the features of an option and a framework contract. In addition, the article formulates recommendations on supplementing the current legislation with norms on the possibility of concluding a preliminary contract in blockchain-based systems.
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Pub Date : 2023-08-18DOI: 10.37399/issn2072909x.2023.9.5-20
Natalia M. Zolotukhina, Tatiana V. Vlasova
The article examines the ideas of medieval thinkers of the XI–XIII centuries about justice as the main function of the head of state – the Grand Duke. For an adequate understanding of their views, it is necessary to find out the origin and historical meaning of the main terms used by thinkers: “law”, “truth” and “justice”. Initially, the terms “law” and “truth” denoted concepts similar in content, but with the adoption of Christianity under the influence of doctrinal dogmas, the term “law” as a result of its sacralization expanded the scope of its content. They began to denote high values of religious status: the Laws of God, the Laws of Jesus Christ, the Laws of Ecumenical Councils, etc. At the same time, the legal nature of the law did not disappear, but was combined with the moral and ethical commandments of Christianity, which fully corresponded to the concept of sin as a violation primarily of the Divine Commandments, so the moral norms of Christianity, but also the laws of secular the authorities. However, the highest sacred concept of the law led to the fact that in everyday vocabulary princely decrees and orders were called princely “truth” [“Russian Truth” or “Тhe Truth of Yaroslav” (XI century.); “The Truth of Yaroslavich” (XII century)]. Justice as a religious and philosophical category was placed above all concepts and actions of people, since it was defined as “the property of Jesus Christ” embodied in the Gospel commandments. Every Christian should strive to achieve justice by steadily fulfilling all the Commandments of Jesus Christ in all spheres of political and legal activity, as well as personal life. Russian Russian medieval thinkers formulated their idea of justice on this religious and political basis, referring to the Books of the Bible, as well as the Byzantine and original Russian writings spread in Russia, presented in the article.
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Pub Date : 2023-08-18DOI: 10.37399/issn2072-909x.2023.9.29-39
Natalya V. Alekseeva, Larisa N. Pavlova
The article deals with the problems of legal regulation of appealing against an absentee decision in a civil procedure, namely the legal consequences of the receipt of the defendant’s appeal to the court, when the defendant missed the deadline for filing an application to cancel the absentee decision and the restoration of this time limit was denied. The authors conclude that if the defendant did not file an application for the annulment of the decision in absentia or he was denied the restoration of the deadline for filing such an application, the court of first instance should proceed from the fact that the appeal was filed against a court decision that is not subject to appeal in the appeal proceedings. The issue of applying the clarification given in the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 2 (2015) is considered, the article substantiates that at present these clarifications are not subject to application.
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