Vol 4, No 3 (2018)

Full Issue

CIVIL LEGISLATION IN CONDITIONS OF DIGITAL ECONOMY: PROBLEMS AND WAYS TO SOLVE THEM

Rodionova O.M.

Abstract

Various bills, concepts and approaches to the improvement of civil and legal regulation of relations in the sphere of the so-called «digital economy» are analyzed in the article. Their correlation with the already established and well-grounded elements of the mechanism of civil law regulation is estimated. The author comes to the conclusion that, within the framework of the so-called «digital reality», there is an unjustified confusion of some new social relations with basic interactions. The hopelessness of the legislator’s aspiration to extend the civil-law regime of things to the so-called «digital financial assets» is proved to be futile, they are proposed to be understood as actions on which the obligations rights arise. It shows the doubtfulness of the concept of total refusal to monopoly on the results of their intellectual work, which is proposed to be replaced with the idea of confidential objectification of the result of intellectual activity. As part of strengthening of civil-law protection of personal data (the so-called «large data»), it is proposed to designate as an object of civil legal relations not information, but actions to collect impersonal information.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):7-11
pages 7-11 views

ACTIVITY OF NON-PROFIT ORGANIZATIONS: PROBLEMS OF CIVIL-REGULATION

Deryugina T.V.

Abstract

The article deals with the problem of correlation of business and income-generating activities of non- profit organizations. Causal causes of its occurrence are indicated. The concept, signs, criteria of referring an activity of non-profit organizations to entrepreneurial or income-generating activities are explored. The main approaches identified in the civil law doctrine on this problem are analyzed. Based on the analysis of normative legal acts, scientific literature, judicial practice, conclusions are drawn regarding the understanding of income-generating activities as a broader concept in relation to entrepreneurial activity. The ratio of these categories to the concepts of economic activity is established. Attention is drawn to the use by the legislator, when regulating these legal relations, of public legal means, as well as the appearance of such legal regulation means as conditionally permissible norms. The problem of the main and «non-core», «additional» goal of the activity of a non-profit organization is analyzed. Ways to solve the existing conflicts are suggested.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):12-17
pages 12-17 views

RESTRICTIONS ON SUPER HIGH INTEREST ON THE LOAN AGREEMENT: NEW APPROACHES

Emelkina I.A.

Abstract

The article analyzes the problems that arise when a super-high interest is levied from the debtor under the loan agreement, approaches are proposed aimed at solving this problem in doctrine  and practice. Critical assessments of legislation's new laws aimed at restricting usury is carried out. Purpose: to formulate a concept for the further improvement of Russian legislation with a view to limiting super-high interest in a loan agreement involving a debtor-citizen. Based on the consideration of judicial practice, legislation and doctrine, author's ideas for resolving the  problem of usurious interest are proposed. The author proposes options for interpretation, introduced into the Civil Code of the Russian Federation in the category «normally charged interest», supports the position formulated by the Supreme Court of the Russian Federation regarding the limitation of the collection of super-high interest by the specified term. At the same time, it calls for a balance between the principle of freedom of contract and the restriction of the rights of dishonest lenders. The conclusions are illustrated by examples of solving problems of superhigh interest in foreign jurisprudence and doctrine.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):18-23
pages 18-23 views

CONSTRUCTION OF THE MULTIMODAL WEIGHT TRANSPORT CONTRACT AND THE RESPONSIBILITY OF THE MULTIMODAL TRANSPORT OPERATOR

Ananyeva A.A.

Abstract

The article analyzes the main approaches to constructing the multimodal transport contract and
basic principles for determining the responsibility of a multimodal transport operator, as well as their relationship to the diffi culties in unifying rules for a mixed message. The author proves that the formation of uniform approaches to the design of a multimodal transport agreement and the responsibility of a multimodal transport operator are key factors in the development of the legal framework devoted to the mixed transportation, including the adoption of a new universal convention on multimodal transport. In this regard, the article examines the issue of plurality of carriers involved in delivery, and justifi es the conclusion that this contract should be qualifi ed as a contract for the assignment of a duty to a third party. In addition, the author proves that Russian legislation should support the worldwide trend of imposing duties on the organization of transportations in a direct mixed transportation to a multimodal transport operator that assumes responsibility for the entire range of services for the delivery of passengers and luggage. The author also insists that the authority of the operator of mixed transportation of passengers and luggage, in addition to the organization of services related to transportation, should include planning, accounting and control, analysis and regulation, that is, operator services for the management of these transportations. In conclusion, an author's idea of the construction of a contract for the mixed carriage of goods is given.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):24-30
pages 24-30 views

RIGHT OF THE SHAREHOLDER TO INFORMATION: CHANGING THE APPROACH OF THE LEGISLATOR

Lomakin D.V.

Abstract

The article on the system level analyzes the development of the approach of the domestic legislator to the standardization of the issue about the scope, conditions and procedure of providing information about the joint-stock company to shareholders. Stressing the non-property nature of the right to information and the importance of its proper implementation (including the standpoint of protecting the interests of participants and effectively exercising other corporate rights), the author identifies and reveals the key stages in the evolution of normative and judicial positions on this issue, revealing a clear tendency to narrow information opportunities of shareholders. In the current state of affairs, special attention is paid to differences in the regulation of the shareholder’s right to information depending on the type of society (public or non-public) and difficulties in interpreting the term «business purpose». The author considers in detail the topical issues about the correlation of confidential information and information constituting a commercial secret, the extent to which the right to information is exercised (presence of the shareholder status, specificity of the requirement to provide information, etc.).

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):31-40
pages 31-40 views

NEW TRENDS IN ACCOUNTING OF DEPRECIATION FOR THE RECOVERY OF DAMAGES CAUSED TO THE VEHICLE IN THE ROAD ACCIDENT

Sokol P.V.

Abstract

The most important civil-law principle is the compensation of damages in full (Art. 15 of the Civil Code of the Russian Federation). In this regard, the question of the need to take into account or not to take into account wear and tear in determining the damage caused to the vehicle as a result of an accident remains relevant. Wear of the object is the result of wear-separation of the material from the surface of the solid and an increase in its residual deformation during friction, which manifests itself in a gradual change in the size or shape of the object. Wear parts, nodes leads to a decrease in the functionality of the object, reduces its consumer value. Not so long ago, in the legislation on compulsory insurance of civil liability appeared a new concept – repair, which involves its implementation without taking into account the wear and tear of parts and components of the car. In judicial practice, the issue has been resolved in different ways over the years. Within the framework of this article, the existing approaches and new trends in the aspect of resolving disputes on recovery of damage caused as a result of damage, as well as within the framework of disputes on CMTPL and CASCO will be considered.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):41-46
pages 41-46 views

DEVELOPMENT TRENDS OF SELF-REGULATING ORGANIZATIONS’ SOCIAL FUNCTIONS IN THE CONSTRUCTION SECTOR: PROBLEMS OF LEGAL REGULATION

Leskova Y.G.

Abstract

In this article we give the specifics of enforcement of self-regulating organizations’ social functions in the construction sector. It is proved that not only public authorities can implement social public functions. At present, there is a tendency of social components’ development in business with the participation of business professional associations, including self-regulating organizations in the construction sector. This research includes characteristics of such social public functions as regulating, security and controlling. Special attention is given to the security function. It is proposed that National Association of Builders must be liable for excluded members’ obligations regardless of transfer of funds on their accounts. This provision is offered to be fixed in Town Planning Code of Russia.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):47-52
pages 47-52 views

PROBLEMS OF EXECUTION OF CONCESSION AGREEMENTS

Zamotaeva T.B.

Abstract

The article analyzes the legal nature of concession agreements, the specificity of social orientation of objects transferred under such agreements. The problems of realization of rights of the concessionaire are caused by the legal regime of the real estate object, in particular, the transferred land plot, the sequence of allowing procedures on the part of the concedent, a number of accompanied contracts, terms and other conditions of the concession agreement. Attention is drawn to the forms of concession agreements approved by the Government of the Russian Federation, which emphasize the public component of this contractual structure and, in practice, the impossibility of making changes to their terms. The author considers the definitions of reconstruction, reorganization and re-planning of non-residential premise and non-residential building in connection with transfer of the last under the concession agreement. The conclusion is made that there is no common terminology in various sectors of economy and law, that leads to problems of execution of an obligation under the concession agreement. The problems of labor rights of citizens in the transfer of property complexes under the concession agreement are touched upon.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):53-58
pages 53-58 views

ON THE POSSIBILITY OF TRANSFERRING SOME OF THE CONSUMER’S RIGHTS TO THE BUSINESS ENTITY ON THE BASIS OF THE CONTRACT OF ASSIGNMENT OF RIGHTS (CESSION)

Didenko A.A.

Abstract

At the heart of this paper lies collecting of debts as a new type of business activity including collecting of consumer penalties. In this article the possibility of assignment of some consumer’s rights to an entrepreneur under the contract of assignment of rights is discussed. Author’s research concerns the doctrinal facets of assignment of money debts. Particularly the analysis of contract and positive penalty as a marketable money debts is at the stake of this article. The controversial issues of transfer of right to demand payment of consumer penalty from consumer to an entrepreneur are considered here. The author proves the acceptability of transfer of any consumer right in money debt from consumer to an entrepreneur. Author’s conclusions are based on the law doctrine and judicial practice which recognise lawfulness of separate assignment of penalty debt independently from the main contract. The latest decisions of Russian Supreme Court are given in this article.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):59-63
pages 59-63 views

SUBJECTS OF ENVIRONMENTAL ENTREPRENEURSHIP AS PARTICIPANTS OF INNOVATIVE ACTIVITIES

Serova O.A.

Abstract

The article analyzes the problems of legal regulation of environmental entrepreneurship. There is no legal definition of «environmental entrepreneurship». This makes it very difficult to develop this sphere. There is no single approach in determining the industry of environmental entrepreneurship. There are no requirements for economic entities engaged in environmental activities. The concept of environmental entrepreneurship, requirements for subjects and objects of environmental protection were specified in the Model law on the basics of environmental entrepreneurship. These rules of law are largely outdated and should be revised. The author concludes that the consideration of environmental entrepreneurship through the prism of innovation. Innovations in the field of environmental technologies increase the competitiveness of individual economic entities and the country as a whole. The development of innovative, scientific and technical potential of environmental entrepreneurship is possible only with the state regulation of this sphere, strengthening of cooperation forms of interaction between business, government and research institutions.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):64-69
pages 64-69 views

LIMITATIONS OF RIGHTS OF ENTREPRENEURS IN THE LIMITS OF USE-RESTRICTED ZONES

Zolotova O.A.

Abstract

The article discusses the international legal and constitutional foundations of restricting business activities. It has been established that such restrictions apply not only to freedom of contract, but also to land rights. One of the types of such restrictions on the rights of business entities are the special conditions for the use of land plots and the mode of economic activity within the boundaries of zones with special conditions for the use of territories. The reasons for not allowing land users to be informed in advance about the restrictions in the use of land plots and their parts existing in such zones are analyzed. Judicial practice was studied in relation to the compensation of losses to landowners caused by the presence of zones with special conditions for the use of territories. The difficulties faced by entrepreneurs in the implementation of special types of economic activities requiring the establishment of protective and sanitary protection zones are considered. The author has made proposals for the improvement of legislation in this area.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):70-76
pages 70-76 views

EXIT OF THE PARTICIPANT FROM OOO: FAMILY-LEGAL ASPECT

Savelyeva N.M.

Abstract

As modern period is characterized by the increasing penetration of corporate norms into family relations, more and more issues arise in the resolution of corporate disputes to which the marriages are participants. At the same time, disputes may concern not only the division of the «common business», but also the implementation by the spouse-participant of the legal entity of its corporate rights. The article considers one of these rights – the right to withdraw from the OOO. The author of the article tries to determine the legal nature of the will of the participant to leave the OOO in order to answer the question of the necessity, validity, legality and expediency of applying the provisions of Article 35 of the Family Code of the Russian Federation. Agreeing with the business nature of the nature of the will of the participant of the OOO, the author justifies the need to distinguish between corporate transactions «complicated by marriage», depending on the legal purpose of their commission. The article concludes that the deal on leaving the company is not a transaction on the disposal of shares in the authorized capital of OOO, since the main legal goal of its commission is, first of all, the exercise of the personal non-property right of the spouse to withdraw from the company. Critical assessment of the existing notarial and judicial practice on demanding a notarized consent of the company partner’s spouse upon the certification of the spouse’s application for withdrawal from the OOO. Relevant proposals for changing legislation are proposed by the author in the work.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):77-82
pages 77-82 views

PROBLEMS USING THE DESIGN OF THE RENTALAGREEMENT IN THE HOUSING SECTOR

Kryukova E.S., Novikov K.A.

Abstract

The article deals with the lease of premises, identifies its place in the system of contractual forms for the use of residential premises, emphasizes the importance of the contract and notes the expansion of the use of the construction of the lease in the housing sector. The detailed analysis of the subject structure of the contract and the agreements concluded on its basis is carried out. In the study of the content of the lease of premises drawn attention to the list of its essential conditions, raised the question of the timing and procedure for changing the amount of rent. The authors put the problem of legal regulation of relations arising on the basis of the lease of premises, stressed the need to protect the housing rights of living in a residential area of persons, carried out a comparative analysis in this part with the rules governing the contract of employment of premises. Particular attention is paid to the grounds and consequences of termination of the lease of premises, taking into account the peculiarities of its legal regulation.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):83-87
pages 83-87 views

Theory of law and state

FEATURES OF SOURCE AND FORM OF OFFENSE AND LEGAL LIABILITY

Spirin M.Y.

Abstract

In this article author considers about the interrelation and mutual influence of the source and form of the offense, as well as the source of legal liability and the forms of its realization on the basis of willed concept of law-making`s methodology. The classifications of types of offense`s source and form, the source of origin and realization of legal liability, the form of realization of legal liability, as well as the subforms (organizational and normative) of the liability’s procedural form are created. An attempt of systematic and synthetic approach to studying the source and form of the offense and the source and form of realization of legal liability is made. The author proposes to introduce these categories into the scientific circulation and consider them in the doctrine of offense and legal liability.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):88-93
pages 88-93 views

POLITICAL-LEGAL REGIME AS A STRATEGY OF COLLECTIVE SURVIVAL. THE CASE OF MIKHAIL ROMM

Permyakov Y.E.

Abstract

The author analyzes search of methodological grounds for the study of the political regime. The concept and typology of the political and legal regime from a rather abstract topic of political philosophy, according to the author, could be the subject of sociology of law, exploring political strategies practiced in society to recognize the social danger and protect the right. For this purpose, the article proposes to consider the political regime as a set of demanded political technologies, i.e. the political regime. Those programs of behavior that, under certain conditions, provide the subjects of political relations with the best result in the form of legitimate solutions. The action in the aspect of political strategy is aimed at creating a discourse, outside of which the government has difficulties in responding to reports of its own vulnerability and decision-making. The advantage of the proposed methodology lies in the fact that instead of abstract arguments about the political and legal regime outside the historical context, the theory of law has a chance to explore at empirical level the practices in the field of policy technologies and standards, and only on this basis to propose classifications and substantive analysis of political regimes. The solution of this problem is demonstrated on the example of political appeals to the Soviet leadership of film director Mikhail Romm, who in the period 1943-1966 defended his colleagues.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):94-98
pages 94-98 views

CIVIL LAW CONTRACTS RELATED TO LABOUR AND EMPLOYMENT CONTRACT

Osipova S.V.

Abstract

The article considers the issues of using both civil law contracts and employment contracts for registration of relations related to employment. In the literature and in judicial practice, many attempts were made to develop universal criteria for the delimitation of labor and civil law relations. But today, these boundaries remain unclear. The author reveals the main distinctive features of civil law and employment contracts. However, it is noted that it is difficult to distinguish employment contracts from civil contracts in connection with the presence of similar characteristics on the subject, rights and obligations and other elements. The legal consequences of substitution of labor contracts with civil law contracts are analyzed. Particular attention is paid to the problems of outsourcing and outstaffing contracts in the conditions of prohibition in the labor legislation of the using of agency work. The issue of prohibiting agency work is investigated. The author comes to the conclusion that employers in many cases prefer to enter into civil contracts, which is not prohibited by law. But the conclusion of such contracts is accompanied by the risk of recognition of the actually existing labor relations.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):99-106
pages 99-106 views

INQUIRY AS AN UNNECESSARY LINK IN THE DOMESTIC CRIMINAL PROCESS

Savelev K.A., Treshcheva Е.A.

Abstract

The article deals with the problems of current situation of preliminary investigation. The redundancy of inquiry as an unnecessary link of domestic criminal process, copying the preliminary investigation, is substantiated. It is indicated that there is no advantage in the procedural form of inquiry justifying its continued existence. The attempt to introduce a simplified inquiry into the criminal process as a method of procedural economy was also not justified due to the problems of proof. The proposal to transfer the domestic model of preliminary investigation to the unspoken “police inquiry” with the full refusal of the preliminary investigation, as the defense and the injured were removed from the evidence in pre-trial proceedings was critisized. It was proposed to base a preliminary investigation on the combination of a non-procedural “police inquiry” with a preliminary investigation. At the same time, in cases of obvious crimes, with the consent of the participants in the case, it is possible to resolve the issue of transferring the case to court bypassing the investigation. In complex cases, upon the will of the victim or the defense, a preliminary investigation should be made based on the independence of an investigator.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):107-112
pages 107-112 views

ENSURING THE CONSTITUTIONAL RIGHTS OF VICTIMS IN THE PROCEDURE FOR TERMINATION OF THE CRIMINAL PROCEEDINGS WITH THE INFLICTION OF A PENALTY

Kuvaldina J.V.

Abstract

This article analyzes the problems associated with ensuring the victim’s right guaranteed by the Constitution of the Russian Federation and international legal acts to judicial remedy and compensation for harm caused by the crime in the procedure provided by Chapter 51 of the Code of Criminal Procedure of the Russian Federation. The urgency of the problems considered in the article is caused by the lack and incompleteness of explanations given by the Plenum of the Supreme Court of the Russian Federation regarding the application of this procedure, as a result of which the judicial practice is not uniform. In particular, the author concludes that the courts, deciding to terminate the criminal case with the infliction of a penalty, unreasonably fail to take into account the victim’s opinion on the issue of making amends of the harm caused by the crime in corpore, do not create conditions for the victims to participate in judicial session and to express their position on the merits, do not clarify the possibility of reconciliation with the accused. The author’s conclusions are based on the analysis of the published judicial practice and illustrated by concrete examples. It is proposed for the purpose of creating guarantees to protect victim’s rights in the procedure for infliction of a penalty to supplement the decision of the Plenum of the Supreme Court of the Russian Federation № 19 as of June 27, 2013 with the following explanations: in the event of termination of the criminal case on the grounds provided for in the Article 76.2 of the Criminal Code, the way and extent of amends are defined by the victim; relief from criminal liability according to the Article 76.2 of the Criminal Code of the Russian Federation is allowed if it is impossible to apply the grounds specified in the Article 76 of the Criminal Code of Russian Federation.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):113-119
pages 113-119 views

LIMITATION OF CONSTITUTIONAL RIGHT TO THE SECRECY OF PHONE AND OTHER NEGOTIATIONS PERMISSIBLE IN ORDER TO PROVIDE WITNESSES’ SECURITY DURING CRIME INVESTIGATION

Svechnikovа E.I.

Abstract

The article deals with the cases of limitation of constitutional right to the secrecy of phone and other negotiations permissible in order to provide witnesses’ security during crime investigation. The particular case of such limitation is control and recording of witnesses’ negotiations based on the rules of Article 186 part 2 of the Russian Criminal Procedure Code (CPC). The author differentiates the control and recording of phone and other negotiations as an investigative action and as a security measure on criteria of purpose, factual and formal grounds. The author compares both control and recording of phone negotiations and
wiretapping as the ways to receive information about realisation of post-criminal impact on witnesses and makes a conclusion about the identity of these actions from the point of their legal nature. The article encircles the problems of control and recording of negotiations as a security measure, reveals the discrepancy between some rules of criminal procedure legislation. The article presents the vast analysis of practical usage of control and recording of negotiations including the data of questionnaire survey of specialistpractitioners, the examples of judicial practice, the review and comparison of leading researchers’ opinions as well as authorial positions and suggestions about rectifi cation of Criminal Procedure Сode in force. Such amendments are necessary for elimination of founded contradictions, achieving of consistency between rules and increasing of effi cacy of witnesses’ security within criminal procedure.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):120-126
pages 120-126 views

Tribune of young scientist

ON THE ISSUE ABOUT THE TYPES OF CIVIL LIABILITY OF SELF-REGULATING ORGANIZATIONS IN THE CONSTRUCTION INDUSTRY: PROBLEMS OF THEORY AND PRACTICE

Seraya N.A.

Abstract

In the article the problem of civil responsibility of self-regulatory organizations in the construction sphere in the context of relevant improvement of standard and legal regulation and innovations of the Russian legislation is analyzed. With the use of descriptive, comparative and legal, technical legal methods of a research, content analysis of juridical documentation the author carries out the analysis of existing norms concerning joint and subsidiary liability of self-regulatory construction organizations according to obligations of its members. The most problematic issues of legal regulation of activity of self-regulatory organizations in the fi eld of construction on ensuring responsibility of the members to the third parties are revealed. The analysis of legal practice in the fi eld of formation of indemnifi cation funds and ensuring civil (property) responsibility of self-regulatory organizations in the sphere of construction according to obligations of its members is also carried out. On the basis of systematization and the final analysis of a problem of the research the author makes a conclusion about need of further continuous monitoring and the detailed analysis of realization of standards of civil responsibility of self-regulatory organizations in the sphere of construction in practice as basis for assessment of effi ciency of the carried-out legislative innovations and improvement of the process of standard and legal regulation in the explored sphere.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):127-134
pages 127-134 views

FEATURES OF MANAGING THE MEANS OF COMPENSATION FUNDS OF A SELF-REGULATORY ORGANIZATION IN THE CONSTRUCTION INDUSTRY

Vasyuchkova O.A.

Abstract

The author considers the issues of the urgency of distinguishing features in the management of the means of compensation funds of self-regulating organizations in the sphere of construction with the existing relationship between state regulation of economy and self-regulation. Determining self-regulation in the construction industry by continuation of state regulation of economy, the author proposes to clarify the rules of behavior of the relationships between the parties in the process of managing the means of compensation funds of self-regulating organizations. The article explores and reveals the process of managing the means of self-regulating organization’s compensation fund. Defining and revealing the features of the process of managing the means of the self-regulating organization’s compensation fund in construction activities, the author reveals its significant shortcomings. The author establishes that with the high participation of the state in regulating the issue under consideration, the process of managing the means of a self-regulatory organization’s compensation fund in the sphere of construction practically lost the features typical of self-regulation.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):135-141
pages 135-141 views

LEGAL STATUS FEATURES OF A MANAGING ORGANIZATION IN TERMS OF ENSURING EFFECTIVE WORK IN THE SECTOR OF MULTI-APARTMENT HOUSING MANAGEMENT

Trufanov A.V.

Abstract

The article is devoted to the characteristic of managing organization’s legal status as a multi-apartment housing managing subject. The author notes, that managing organization’s legal status has some features, which has a character of increased requirements. The purpose of increased requirements – is in ensuring effective work in very important and responsible sphere of multy-apartment housing management. The article touches upon the issue of licensing of managing organizations, examines the positions of researchers and practitioners on this issue and the correlation between licensing mechanisms and self-regulation. Also, the author offers classification of legal status features on internal (connected with organizational structure of subject) and external (connected with interaction’s features of subject with other parties) and in detail considers all the features. In conclusion, the author states that the introduction of certain mandatory requirements for managing organizations is necessary, but it is unlikely to solve all the problems in this sphere.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):142-147
pages 142-147 views

METHODS OF CONCLUSION OF ADHESION CONTRACTS AND ITS ANALOGS: COMPARATIVE-LEGAL ANALYSIS

Makeenkov I.A.

Abstract

The target of the article is to search the distinctive signs between adhesion contract and its analogs in the substantive aspect – taking into account the methods of its conclusion. The article consistently explores the main traditional methods of contract conclusion – the only document signed by parties, the reciprocation, offer’s accept by concluding actions, with regards to mentioned concepts, and “roles” (an offerer and an acceptor) of strong and adhesive parties. Attention is also paid to contract concluding methods which are not directly fit with legal limits, but are being used in business relationships, and to contract concluding at a tender. The article describes the recent change in law about adhesion contract and the influence of this change to raise of number of adhesion contracts concluded at tenders. As a result of each contract concluding method analysis, the author resumes, that the differences between adhesion contract and its analogs are not being exhibited.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):148-153
pages 148-153 views

PROBLEMS OF EXERCISE OF THE RIGHT OF AN AUTHOR TO REMUNERATION FOR WORK FOR HIRE

Ryazanovа V.V.

Abstract

In the article the problems of realization of the right to remuneration for work for hire, the type and subjective composition of relationship, where the right is realizing are analyzed, different points of view on the issue of the amount, conditions and ways of paying the remuneration are described. The article deals with the issue of the allowability to include the author’s remuneration to his wage or the neсessity to pay in excess of the wage with extra payment. The proposals of establishing a fixed remuneration are established. The study of the matter of minimal remuneration for the employment work in comparison with the remuneration for the employment inventions is carried out. The author pays attention to the issue of establishing of the right to remuneration, to the compliance of the author’s right for remuneration when this relationship is established, and also to the allowability to realize this right by the heirs of the author of the work for hire.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):154-158
pages 154-158 views

LEGAL INSTITUTIONALIZATION OF CIVIL SOCIETY IN THE USA (HISTORICAL ASPECT)

Polyanskii D.V.

Abstract

The article offers the brief historical excursion of legal institutionalization of civil society in USA. The article concludes that existent organizational forms and practices of activity of noncommercial sector are the result of combination between embedded traditions of philanthropy and civil engagement in American society and the state policy to support some directions of activity of non-profit sector. The American government made use of different tools to turn voluntary activity and philanthropy funds to major public spheres in various ages. Now the American society is in the process of permanent experimentation with the legal form and status of non-profit sector’s organizations which would able to absorb advantages of all three major sectors: the state, the business and the society.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2018;4(3):159-165
pages 159-165 views

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