Legal regulation of Internet relationships: main problems and practice implementation in Russia

2016 ◽  
Vol 11 (2) ◽  
pp. 113-118
Author(s):  
Балашов ◽  
Andrey Balashov
Keyword(s):  
Copyright Infringement ◽  
Legal Regulation ◽  
Online Relationships ◽  
Internet Relationships ◽  
On Line ◽  
Russian Law ◽  
Practice Implementation

The article analyzes the peculiarities of the legal regulation of online relationships. Categories of Internet relationships are given, regulation of which is carried out within the system of the Russian law. Particular attention is paid to such topical issues as copyright infringement, and the spread of inappropriate content. Restrictions of access to on-line resources are considered.

Legal Regulation of on-Line Store Activities

2018 ◽  
Vol 24 (4) ◽  
pp. 45-51
Author(s):  
K. M. Vrublevska-Misiuna
Keyword(s):  
Legal Regulation ◽  
On Line

scholarly journals Innovations and Analogies in the Legal Regulation of Withdrawal from a Limited Liability Company under Current Russian Law

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 21
Author(s):  
Viktor A. Mikryukov
Keyword(s):  
Law Enforcement ◽  
Limited Liability ◽  
Fair Value ◽  
Legal Regulation ◽  
Business Climate ◽  
Positive Role ◽  
Freedom Of Contract ◽  
Study Find ◽  
Russian Law

The purpose of the study is to highlight the most significant legal gaps in the mechanism under study, find doctrinally relevant ways to overcome them casually in law enforcement, and propose options for generally filling the gaps in rulemaking. It is equally important to test the effectiveness of the analogy as a means to combat legal gaps. The methodological framework was formed by general (analysis, synthesis, abstraction, and concretization) and specific (comparative, formal, and technical legal) scientific research methods. The positive role of analogy as a method of combating legal uncertainty and the formation of legislative innovations was confirmed. The conclusion was made about the absence of a formal need for additional legislative authorization for Limited Liability Companies’ members to create a conditional or individualized withdrawal procedure. Backed by the legal analogy, the necessity to extend the freedom-of-contract doctrine in determining the fair value of a withdrawing shareholder’s share was argued. The achievements provided the basis for specific practical proposals to enhance existing Russian legislation and harmonize corporate relationships, which should improve Russia’s business climate.

PRINCIPLES OF LAW AS A BASIS FOR INTERSECTORAL COOPERATION

2021 ◽  
Vol 11 (3) ◽  
pp. 50-69
Author(s):  
M.Yu. LEBEDEV
Keyword(s):  
Family Law ◽  
Legal Regulation ◽  
Main Mechanism ◽  
Administrative Process ◽  
Legal Principles ◽  
Intersectoral Cooperation ◽  
Procedural Law ◽  
Free Treatment ◽  
Russian Law ◽  
Almost All

In the presented article the problems of interaction between the various branches of Russian law on the basis of legal principles are considered. The author, examining such concepts as “interaction” and “interrelation” states the fact that the issue of interaction of branches of law is considered by almost all researchers only from the position of listing those branches with which their branch of law interacts. At the same time, the construction of branch norms without taking into account the principles of the branch, where and the branch, from which the legal institute is implemented, leads to conflicts. Separate attention in the work is paid to the views of V.A. Riazanovskii and other scholars on the concept of “unity of process” in the context of interaction between the principles of various branches of law. The author examines the interaction of such branches of law as civil procedural law with civil, family law, arbitration and administrative process. The article draws attention to the cases of free treatment of the legislator with the category of “principles of law”, which, in the author’s opinion, leads to significant distortions of the entire branch of law, where principles not inherent in this branch are wrongly implanted. Studying institutes of law as the main mechanism of inter-branch interaction, the author comes to the conclusion about the need for legal regulation of interaction precisely through the principles of a branch of law.

scholarly journals The Evolution of Liability Measures Applied in Bankruptcy to Creditors’ Property Rights Violators in Russia

2021 ◽  
Vol 16 (5) ◽  
pp. 84-97
Author(s):  
A. V. Arbekova
Keyword(s):  
Comparative Analysis ◽  
Comparative Method ◽  
Legal Regulation ◽  
Assessment Method ◽  
Critical Assessment ◽  
Bad Faith ◽  
Principle Of Justice ◽  
Historical Retrospect ◽  
Russian Law ◽  
Term Objective

One of the tasks the modern law in the field of insolvency of legal entities pursues is to ensure the maximum balance of the rules governing the measures of liability applied to managers, participants and other entities controlling the debtor. In this regard, the author applies historical and comparative method of studying the measures of responsibility applied during the development of domestic legal regulation of insolvency and the critical assessment method that forms the basis for the analysis of the current Russian legislation. The paper carries out a retrospective analysis of the form and degree of fault as an element of the offense that traditionally acted as one of the criteria for choosing the type of insolvency, as well as for imposing the measures of responsibility. A comparative analysis of the norms of the Russian bankrupt legislation in historical retrospect allowed raising problematic issues of the current legislation and making proposals aimed at their resolution. Currently, the rules of the current domestic insolvency legislation provide an equal amount of responsibility for both bad faith (intentional) and unreasonable (careless) actions of entities controlling the debtor. The normative consolidation of measures of responsibility dependent on the form of fault, namely, the separate qualification of intentional and careless offenses, will secure coherent application of the principle of justice. Modern Russian law contains the concepts of “insolvency” and “bankruptcy”, which in some cases creates legal uncertainty. Therefore, it is proposed to delineate these concepts by law, eliminate the term “objective bankruptcy” from the application, and shift its semantic burden to the concept of “insolvency”. Thereby, a separate category of insolvency will be included in the current legislation.

scholarly journals Features of the implementation of a public offer agreement in e-commerce in Ukrainian, Polish and Russian law

2020 ◽  
Vol 5 (5) ◽  
pp. 133-138
Author(s):  
Oleksandr Kosychenko ◽  
Illia Klinytskyi
Keyword(s):  
Legal Regulation ◽  
Electronic Format ◽  
Optimal Solutions ◽  
Provision Of Services ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
The Republic ◽  
Public Offering ◽  
Public Offer

Given the specifics of the provision of services and sales of goods on the Internet, the contract of public offer is the most common and close to the electronic format of the agreement. However, in Ukraine, the Russian Federation and the Republic of Poland, as in other countries, the use of this type of legal instruments has a number of problems related to the legal regulation and the procedure for concluding an agreement. This paper examines the main aspects of the legal implementation of public offer agreements in the above countries. Thus, the subject of the study is the contract of public offering as a legal phenomenon. The purpose of the work is to determine the main problems of concluding a public offer contract in electronic mode, and to find optimal solutions in the context of the stated issues, based on the legislation and practice of selected countries

Practical significance of law constitutional principles

2020 ◽  
pp. 435-441
Author(s):  
Aleksandr Paramonov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Direct Role ◽  
Positive Role ◽  
Legal Norms ◽  
Russian Law ◽  
The Law ◽  
Basic Ideas

We consider the constitutional principles of Russian law in the framework of positivist legal consciousness. We note the highest value of the law constitutional principles, as the basic ideas that underlie individual branches of law and all legal regulation. We focus on the practical significance of the constitutional principles of Russian law. We point out that in order to overcome defects in the legal consciousness of the population, it is advisable to duplicate the law principles that enshrined in the Constitution of the Russian Federation and in sectoral legislation. We emphasize that the practical significance of the law constitutional principles is manifested not only in their direct role in the legal regulation of public relations, but also in the fact that in judicial practice they can be used in the case of applying the analogy of law and the analogy of legislation. We indicate that this legal and technical tool is used to fill gaps in legal regulation. It is used in many branches of Russian law: civil, civil procedural, arbitration procedural, ad-ministrative procedural, family and others. Thus, the study shows the positive role of law constitutional principles in decision-making by a law enforcer in the absence of sectoral legal norms applicable in a particular situation.

scholarly journals Interpretative Norms: The Concept and Legal Nature

Legal Concept ◽  
2021 ◽  
pp. 73-78
Author(s):  
Evgeny Terekhov ◽  
Keyword(s):  
Current System ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Methodological Framework ◽  
Legal Norms ◽  
Legal Science ◽  
Legal Nature ◽  
The Common ◽  
Russian Law ◽  
System Today

Introduction: a legal interpretation activity is an independent type of legal activity. Despite this, its system today is rather poorly studied, which leads to the contradictions in the formation of interpretative practice. One of the elements of the system of legal interpretation activity is interpretative norms, which in legal science have not been distinguished as an independent legal category and have not been comprehensively studied. Purpose: to establish the truth in the issue of distinguishing interpretative norms as an independent legal category. Methods: the methodological framework for the study is a set of methods of scientific knowledge, including consistency, analysis, comparative legal, formal legal. Results: the author’s position grounded in the work is based on the study of the term “interpretative norms”, as well as their comparative analysis with the norms of law to identify the common and individual features. Conclusions: as a result of the conducted research, it is established that interpretative norms should be considered in the legal science as an independent legal category. This is confirmed by the possibility of distinguishing one’s own concept, as well as the presence of an individual legal nature. The current system of Russian law is an interdependent tandem of legal norms and interpretative norms, which interact with each other, allowing the most optimal way to achieve the goals of the legal regulation.

scholarly journals RUSSIAN LAW OF OBLIGATIONS REFORMED: THE CONSEQUENCES FOR THE INSTITUTE OF DAMAGES (LOSSES)

2021 ◽  
pp. 689-698
Author(s):  
Y. E. Monastyrsky ◽  
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Code ◽  
Legal Provisions ◽  
The Russian Federation ◽  
Russian Law ◽  
Practice Methods

Introduction: of all the instruments of protection of subjective property rights, the fundamental role belongs to the institute of indemnification, whose regulatory framework needs to be clarified. The purpose of this paper is comparative description of the important legal aspects of the main type of property liability. In accordance with the purpose, the following objectives were set: to determine the extent to which legal provisions of general regulations on obligations laid down in the Civil Code of the Russian Federation should or can be applied to claims for damages; to formulate the proposals for improving the indemnification court practice. Methods: the methodological framework of the study consists of specific scholarly (special legal, comparative legal) and general scholarly (problem-theory, teleological, and system) methods of analysis. The main trends in the development of the institute of liability and the debatable aspects reflected in the Russian and foreign documents were studied with the use of the problem-theory and system analysis methods. Results: being a summary overview of the available knowledge and comparative regulatory material, this paper allowed us to articulate the ideas aimed at improving the fundamental principles of legal regulation of relations in the sphere of protection of subjective rights, in particular indemnification. Discussion: indemnification is a developing major institute of civil law, invariably attracting the attention of scholars around the world. Lately it has taken on special significance and some of its aspects have become a focus of a separate field of scholarly discussion. Many Russian scholars have written about indemnification in a comparative aspect: О. N. Sadikov, V. V. Baibak and others [2, 15]; this paper focuses on the reform of Russian law of obligations and the new provisions of the Civil Code of the Russian Federation of March 8, 2015 and reveals the consequences of the reform for the institute of damages, discussing this topic in detail as a separate standalone issue. Conclusion: we hope that this paper will contribute to further discussion in the civil law doctrine of the ideas and conclusions presented.

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