12.00.00 Law sciences
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LEGAL NATURE OF CORPORATE AGREEMENT IN THE RUSSIAN LAW
DescriptionLegal consolidation of the corporate agreement institution in the Civil Code of the Russian Federation allowed the participants of business companies to implement and manage corporate rights in accordance with this agreement. However, reception of the institution and the lack of uniform court practice gave rise to many doctrinal disputes about the legal nature of the contract. The article presents the opinions of scientists on the issue of what rules of areas of law regulate the corporate agreement, whether it is separate or complex legal institution. The authors consider that the corporate agreement is governed exclusively by the rules of civil law. The corporate agreement is not a contract or an obligation in the traditional sense, however, it should be subjected to the general rules of obligations and contract law The corporate agreement has features of the unnamed contract, but despite this, it should be recognized as an independent civil law named contract. It is needed to ensure that, in addition to the general rules of the Obligations and Contracts, the rules of a treaty on the rights of participants of the limited liability and stockholders' agreement are applied to the corporate agreement
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LEGAL SUPPORT FOR PUBLIC CONTROL: PROBLEMS AND PROSPECTS
DescriptionIn the article we reveal the basic problems of forming the legal basis of public control over the activities of public authorities. The relevance of this topic has been steadily increasing due to the increasing influence of civil society on the decisions made by public authorities. The authors analyze the provisions of the Federal Law "On the basis of public control in the Russian Federation", the regional laws, to fix the foundations of social control in some subjects of the federation, as well as other legal acts in this area. Special attention is paid to the formulation of the concept of social control and the conclusion of the need legislative consolidation of the concept of "individual public authority 'and a common list of agencies and organizations that operate them. Analyzing the law enshrined in the range of subjects of public control, the authors substantiate the feasibility of incorporating the Advisory Board at the government and public experts. On the basis of the provisions of the law, in this work we have determined the legal status of the subjects of social control, their powers and procedures of the in collaboration with the authorities, as well as the legal framework for the implementation of certain forms of social control. It is proposed to expand the interaction of subjects of public control with prosecutors by holding regular meetings to expand the powers of public monitoring commissions for visiting places of detention
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LEGAL REGULATION OF DEVELOPMENT
DescriptionThis article is explored the legal and organizational bases of development activity. The article considers the system of legislation regulating construction and development activities
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Description
The article examines the problems of civil servants’ disciplinary responsibility in pre-revolutionary Russia. The specified legal institute during that period had close interrelation with criminal responsibility institute as the legislation accurately didn’t divide disciplinary and a criminal responsibility. In the pre-revolutionary period had been laid by the legislator generally, the system of norms and rules, which was called to improve the quality of government, a level of service discipline, an authority of public service had been formed
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Description
The article examines the problems of civil servants’ disciplinary responsibility in pre-revolutionary Russia. The specified legal institute during that period had close interrelation with criminal responsibility institute, as the legislation accurately did not divide disciplinary and a criminal responsibility. In the pre-revolutionary period had been laid by the legislator generally, the system of norms and rules, which was called to improve the quality of government, a level of service discipline, an authority of public service had been formed
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Description
The article examines the problems of civil servants’ disciplinary responsibility in pre-revolutionary Russia. The specified legal institute during that period had close interrelation with criminal responsibility institute, as the legislation accurately did not divide disciplinary and a criminal responsibility. In the pre-revolutionary period had been laid by the legislator generally, the system of norms and rules, which was called to improve the quality of government, a level of service discipline, an authority of public service had been formed
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Description
The article examines the problems of civil servants’ disciplinary responsibility in pre-revolutionary Russia. The specified legal institute during that period had close interrelation with criminal responsibility institute as the legislation accurately didn’t divide disciplinary and a criminal responsibility. In the pre-revolutionary period had been laid by the legislator generally, the system of norms and rules, which was called to improve the quality of government, a level of service discipline, an authority of public service had been formed
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LEGAL REGULATION AND SCIENTIFIC APPROACHES TO THE CONCEPT OF “SANCTIONS”
DescriptionThis article discusses the concept of "sanctions" in constitutional and international law, as it is controversial and debatable. The media and prominent politicians now often use the term "sanctions", it is connected to the Crimea to Russia, and a mixed assessment of the event foreign countries (countries of the European Union, Japan, Switzerland) and international organizations (the Council of Europe, NATO). The author explores different perspectives reveals several scientific approaches to the concept of "authorization". Theoretical aspects of the work were discussed in close connection with the practice, namely, analysis of the process of joining of Crimea to Russia from the point of view of international law and Russian legislation in this regard, the validity of the application of sanctions against the Russian Federation. We were also paying attention to types of sanctions. The article analyzes the comprehensive and targeted sanctions, their distinctive features and the need to use the "mirror" of sanctions for the Russian Federation. Particular attention is paid to the legal regulation of sanctions in international and Russian law. It is noted that in the Russian Federation, legislative regulation of the sanctions received only in the economic sphere. The author highlights some trends in the development of existing legislation in the field of sanctions
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LEGAL REGULATION AND PRACTICE OF ELECTRONIC VOTING IN FOREIGN COUNTRIES
DescriptionThe article is devoted to the problems of legal regulation of electronic voting an e-democracy in foreign countries. The possibility of informationalcommunication technologies introduction into the voting process is studied. In the absence of a unified approach to the understanding of the legal nature of edemocratic processes, the authors give the special attention to the analysis of state policy in the sphere of the e-democracy improvement. There were considered the systems of electronic voting system which were used in elections in Estonia, Germany, Austria, UK, Switzerland and Finland. There were analyzed the practice of Internet-voting as a prototype of electronic democracy and problems of identification of voters, calculation of votes, ensuring of secrecy of the ballot. There were marked means the use of electronic voting as positive sides and considerable risks connected with the possibility of interference into the system of electors’ votes and complexity of securing of control of procedure of electronic voting. Authors make conclusions on possibility of the use of positive foreign experience of distant voting during the elections in Russia and on the necessity of working out of legal claims to informational space and given information to increase its quality and credibility
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Description
The legal responsibility of judicial department’s officials – one of central elements of their legal status, which main aim is raise office discipline level in system of judicial power of the pre-revolutionary Russian state