12.00.00 Law sciences
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AN INCORPORATED PERSON AS A CONSUMER IN A CONTRACT OF RETAIL SALES
DescriptionIn Russian civil legislation the consumer is a citizen who concludes the contract of retail sales for purposes not related to business activities. Incorporated person has no right to conclude a contract of retail sales. Therefore the law on consumer protection is not used for legal entities. The law on consumer protection gives to consumers an opportunity for simplified procedure to challenge acts or omissions of the sellers and protection of their rights. But at the same time the incorporated person may acquire the goods, works and services not for business purposes. In particular, this occurs when incorporated person buys goods for its professional aims, not just for its implementation. The authors think that legislator unreasonably violates the rights of legal entities, because they can not be consumers. The authors justify the possibility and the necessity of recognizing the incorporated person as a consumer in the contract of retail sale, and that will allow spreading the legal norms of consumer protection on them
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LEGAL ENTITY AS SUBJECT OF ADMINISTRATIVE RESPONSIBILITY
DescriptionThis article focuses on the economic activities of legal entities as subjects of administrative responsibility. The article considers the peculiarities of this type of liability applicable to legal persons. The purpose of this article is to study the legislative framework of this institution, identifying the distinguishing features of this type of liability. Despite an adequate regulation of the legal status of the entity in various legal acts, there are many debatable issues. This topic is relevant, because now there is freedom of economic activity and the institution of administrative responsibility appeared relatively recently in our legislation. All this creates an increasing number of offenses by organizations whose actions impinge on the public relations protected by the norms of administrative law. The most debatable issue is the mental element of the offence which guilt. We found that identifying guilt of a legal entity with the guilt of individuals does not seem appropriate. Guilt of a legal entity is of the greatest interest. There are several theories concerning this element subjective side. This article describes the main provisions of the theories expressed by many scientists in the field of administrative law. All the above demonstrates the need for studies of this type of legal responsibility and improving of the Institute of administrative law
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CRIMINAL PROCEEDINGS LANGUAGE: WHETHER IT REFLECTS THE NAME OF THE PRINCIPLE OR NOT?
DescriptionThe article explains that legal designation of criminal procedure principle of criminal proceedings language (in the article 18 of the code of criminal procedure it was called "Criminal proceedings language") cannot be recognized as sufficiently accurate. There are arguments in favor of changing the title of this article and labeling it as the in the law "Principle of the state criminal proceedings language" in this article
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«SYMPHONY» OF THE AUTHORITIES IN BYZANTIUM, AND IN RUSSIA AS THE SUCCESSOR OF THE BYZANTINE EMPIRE
DescriptionThe article discusses the "Symphony of authorities" in Byzantium and Russia. It reveals the nature, origins and objectives of the State and the Church. Since ancient times, the Church played an important role in the life of society and state. In Byzantium, the authority of the Emperor played a major role in strengthening the Orthodox Church. The Church, particularly, has developed and highlighted the official doctrine of the divine origin of the Imperial power. In the Byzantine Empire a perfect model of Church-state relations – "Symphony of authorities" was formed. The article takes into account the Byzantine edicts, which regulated the relationship between the Church and the state. We considered the legislative acts of Ancient Russia, confirming the existence of that "Symphony" in the Kiev period. The basis of the ancient law was based on the Byzantine collection of ecclesiastical rules and Imperial edicts, called Nomocanon. The article focuses on the models of the interaction of the Church and the state. Special attention was paid to the concept of "Moscow is the third Rome", due to the continuity of the Byzantine Empire Russia as an Orthodox center. We discuss the result of Ferrara-Florence Union as the main reason for the awareness and acceptance of the concept of Philotheus by Russian people. Taking into consideration the concept of "Moscow is the Third Rome", we consider models of the interaction between the state and the Church in the era before Peter I the Great