The Modern Lawyer №3(16)

CONTENT

 

ADMINISTRATIVE LAW

8

Yuriy V. Stepanenko

Professor of Department of the Administrative Law and Procedures, Kutafin Moscow State Law University (MSAL), Doctor of Sciences (Law), Professor, Honored Lawyer of the Russian Federation, Professor of the Department of the Administrative and Informational Law, Financial University under the Government of the Russian Federation, Moscow

Revisiting the strategy of scientific and technological development of Russia in the long term

Abstract.

The article deals with the preconditions led to the necessity of the scientific and technological development of the Russian Federation strategy formulation for a long-run period whereas its place and significance in the system of strategic planning have been also defined. strategy’s goal, objectives, principles, structure, and other components have been determined based on the strategy concept analyzis and materials of scientific discussion. The necessity of scientifically justified proposals development focused on bringing the draft law “On scientific, scientific-technical and innovative activity in the Russian Federation” into complience with the developed strategy of scientific and technological development of the Russian Federation has been proved.

JEL: K23

Keywords: strategy of scientific and technological development of the Russian Federation for the long term, the draft Federal law «On scientific, scientific-technical and innovative activity in Russian Federation»

8

CIVIL LAW

17

Evgeniy V. Gavrilov

expert of legal department in the Expert-law administration of the Legislative Assembly of the Krasnoyarsk region, Krasnoyarsk (E-mail:defamation@inbox.ru)

Compensation of non-material damage to legal entities in the light of the Russian civil law reform: analyzes of the lawyers opinions and examples in practice of state arbitration courts

Abstract.

The article deals with the matter of compensation of non-material damage to legal entities in the light of the reform of Russian civil legislation. The author concludes that changes in the Russian Civil Code and the recent legal precedents of the Russian Supreme Court, prohibiting compensation of moral damage to legal entities, do not exclude the possibility of compensation of non-material damage to legal persons, which is confirmed by the examples in practice of state arbitration courts. It is proved that the compensation of intangible (reputation) damage to legal persons in the course of the reform of Russian civil legislation has not disappeared.

Keywords: compensation, non-material damage, moral damage, legal entities, judicial practice, civil legislation.

17

Elena V. Sholokhova

2nd year undergraduate student of the Faculty of Law, The Financial University under the Government of the Russian Federation, Moscow (e-mail: alena-sholokhova262@yandex.ru)

The insolvency (bankruptcy) of individuals as a legal instrument for ensuring financial stability in the Russian Federation

Abstract.

The article presents the features of such an emergent to the Russian legislative system institution as the institute of insolvency (bankruptcy) of individuals which appears to be a mechanism of the settlement of legal relations between the individuals-debtors and their creditors. The necessity of this institution introduction in modern Russia has been proved as well as the signs of bankruptcy and the consequences of adjudication of bankruptcy of the debtor have been studied. The study of legal provisions regulating bankruptcy of private persons allows to identify the advantages and disadvantages of this procedure and to educe the problems and possible prospects of its application. It is proved that the bankruptcy procedure is although difficult, but promising aid mechanism citizen, who got into a difficult financial situation.

Keywords: insolvency (bankruptcy) of a citizen, consumer bankruptcy, financial manager, debt restructuring, asset sales, unscrupulous debtor, the bankruptcy, the consequences of recognition of an individual (citizen) bankrupt.

27

HISTORY OF THE STATE AND LAW

38

Artemiy A. Rozhnov

Doctor of Sciences (Law), Professor of the Department of Theory and History of State and Law, Financial University under the Government of the Russian Federation , Moscow (E-mail: roartan@mail.ru)

Property (economic) crimes in the Code of laws of 1550

Abstract.

The article deals with the description of different types of economic and property crimes according to the Sudebnik of 1550. The author reviews the elements of these crimes and controversial aspects of their characteristics. The list of property (economic) crimes Sudebnik 1550 largely coincide with the one that was in Sudebnik 1497 At the same time, along with robbery (Art. 12, 53, etc.), Robbery (Art. 16, 25) , tatba (vv. 12, 52-58, etc.), including the church (vv. 55, 61) and the retransmission (Art. 56), embezzlement (art. 90), buying stolen goods (Art. 58) “zazhigatelstvom” (v. 61), “Pozega” (vv. 12, 62) and encroachments on landed property (art. 87) of Law Tsar included crimes such as fraud and non-compliance with the rules of marking and registration of horses.

Keywords: Sudebnik of 1550, history of criminal law, economic crimes, property crimes.

38

CONSTITUTIONAL LAW

49

Yuliya E. Kurilyuk

PhD in Legal Sciences, Associate professor of Department of Constitutional and International Law, Financial University Under the Government of the Russian Federation, Moscow (E-mail: YEKyurilyuk@fa.ru)

Personal rights under the constitution of the Russian Federation and the international acts and problems of interpretation of their content in the decisions of the constitutional court of the Russian Federation and the European court of human rights

Abstract.

The article presents the content of the personal human rights on the base of the Russian Constitution, the International Covenant on Civil and Political Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms. The author consistently considers statutorization of each of the rights, defining their scope in the light of decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights. It is concluded that there are significant differences in the measure of rights, despite the existing presumption of the total value basis human rights and freedoms vested both in the documents under consideration and in the legal opinions of courts. Agreeing with the opinion of the Constitutional Court of the Russian Federation, the author comes to a conclusion about the necessity of constructive cooperation in order to minimize the gap between the Russian and European systems of law.

Keywords: personal rights; the right to live; the right to human dignity; right to liberty and personal integrity; Constitutional Court of the Russian Federation; European Court of Human Rights; Constitution of the Russian Federation; International Covenant on Civil and Political Rights; Convention for the Protection of Human Rights and Fundamental Freedoms.

JEL: K23

49

BUSINESS LAW

66

Olga V.Tsegelnik

Associate Professor, PhD in Legal Sciences, Belarusian State University (E-mail: tsegelnik.pochta@gmail.com)

 

Basic tendentions of the investment law formation in the Republic of Belarus

Abstract.

The article deals with methods improving the modern content of the investment law as economic and legal phenomenon with a glance to actual practices. Investment law is considered as a study course, as a part of the economic law and as a branch of legal science (theory). Author analyses its role in state development security. The paper analyzes the problem of the lack of investigation of such categories as «economic activity», «business», «economic activity», «investment activity» from the point of view of the law, their relations. It is proved that the prerequisite for the successful development and implementation of investment treaties is to implement expenditure control budget funds allocated for the implementation of their inherent investment projects and the relevant contractual terms. This system should also be developed with mandatory use of economic-legal approach and the recommendations set out above.

Keywords: investments, investment law, investment project, investment contract¬ investment security, financial crisis, investment obligation.

66

ROMAN LAW

76

Tatiana B. Gvozdeva

PhD in Historical Sciences, Associate professor, Department of Theory and History of the State and Law, Financial University under the Government, Moscow (E-mail: tbgvozdeva@rambler.ru)

Inna A. Gvozdeva

PhD in Historical Sciences, Associate professor, Department of Theory and History of the State and Law, Financial University under the Government, Moscow (E-mail: iagvozdeva@mail.ru),

Limites quintarii as a category of Roman agrimensura and land law

Abstract.

Limites quintarii is an integral part of a surveying grid of the Roman system of organizing space called “centuriate”. At first glance this is just a technical element of the system of land survey. However, a distinctive feature of Roman agrarian structure was the fact that in the classical period of the land law development all the structural elements of centurial received legal characteristics and have turned into a legal norm. Augustus, who has been a creator of the Roman land registry, had taken the scheme of subdivision of the veteran colony as its basis. According to surveyors, limites quintarii meant the greater part of the field colony which was called “saltus”. This concept has already existed in the archaic period and has been applied to land overgrown with bushes. Saltus in the late Republic – early Empire period became known as the large Roman estates in the provinces. August secured the category of ancient Roman law over vast territories created in delimited fields of Roman colonies in the provinces.

Keywords: the saltus (saltus), agrimensor (agrimensores), banknote (assignatio), property (dominium), possession (the possessio), the course is limited to (limitatio), centuriae (centiriatio), August (Аugustus).

76

ECONOMICS AND LAW

85

Irina V. Osipova

PhD in Technical Sciences, Associate Professor, Professor of the Department of Accounting in financial-credit and non-profit organizations, Financial University under the Government of the Russian Federation, Moscow (Email: i.v.osipova@mail.ru)

Consolidated financial statements of insurance companies: problems of formation and legislative regulation

Abstract.

Due to the challenges of globalization in the insurance industry the conditions for mergers and acquisitions of the Russian insurance companies, the emergence of both the enterprises with foreign capital and a variety of linkages between business organizations and also for the development of large corporate structures has occured. Analysis of the M&A practices group (consolidation) in the Russian insurance business shows that these trends could have both positive and negative effects. In connection with the consolidation a range of problems associated with the lack of group management methodology for insurance companies, monitoring the activities of the organization and the need to form the consolidated financial statements (CFS) arises. In this case the insurance companies need to prepare consolidated financial statements (CFS) in accordance with International Financial Reporting Standards (IFRS), which is complicated by the differences betwwen existing RAS and IFRS.

Keywords: insurance companies, consolidated financial statements, regulatory and legislative regulation, RAS, IFRS, methods of forming the RPO, the problem of the formation of the RPO.

JEL classification: G22, G34, K22, K23

85

YOUNG SCIENTIST’S TRIBUNE

94

Anna V. Ivashkina

postgraduate student, the Department of Сonstitutional and Administrative Law and Legal Provision of Public Service, Vyatka State University; clerk of court at the Arbitration Court of Kirov region, Kirov (E-mail: anna_klekovkina@mail.ru)

Legal regulation of temporary prohibition of activities imposition by fire inspection authorities: main trends of development

Abstract.

The author notes that over a ten-year history of the temporary ban on the activities application the practice of its application still determines many problems. One cause of the current situation lies in the absence of general federal legal framework of administrative and coercive activities. This problem can be eliminated by the adoption of proposed special federal law on administrative coercion. As part of the special legislation it is proposed to allow the usage of a temporary suspension of activities in relation to the objects, a violation of fire safety regulations on which may lead to fire with irreparable losses, causing serious material damage and massive loss of livestock; to establish clear criteria for distinguishing between the putative and real threats, which would be convenient for use by inspectors of Fire Department; to designate the sequence of application of the administrative suspension of activities in relation to dangerous objects belonging on the right of common ownership.

Keywords: Temporary prohibition of the activity; State fire supervision; protest measures of security; irreversible consequences; the imaginary and the real threat; the permissible individual risk; the right of common ownership; standard fastening.

JEL: К23

94

Daria A. Kirsanova

postgraduate student, the Department of Labor Law and Social Security Law, National Research University Higher School of Economics Moscow (E-mail: cacharel16@yandex.ru)

Comparative analysis of special assessment of working conditions, certification of workplaces and state expertise of labor conditions

Abstract

This article deals with the problems of the new legislation on special assessment of working conditions and the efficiency of its use. The concept of “special assessment of working conditions”, “certification of workplaces”, “state expertise of labour conditions” has been analyzed in order to compare these notions and find the correlation between them. Thus, comparing the concept of “special assessment of working conditions” which has replaced the notion of “certification of workplaces”, it is noted that the wording of the special assessment of working conditions does not reflect its purpose. This factor weakens the focus of the subjects of the special assessment of working conditions at increasing the level of protection of labor and, thereby, reduces the effectiveness of special assessment of working conditions as a mean of ensuring labour safety. The author formulates proposals for improving the existing legislation on labor protection

Keywords: labor protection, examination conditions, the special assessment of working conditions, certification of workplaces, state examination of working conditions, workspace, guarantees and compensations.

103

Anna S. Sycheva

2nd year undergraduate student, Faculty of Finance and Economics, Financial University under the Government of the Russian Federation, Moscow (E-mail: anna.sycheva.1996@bk.ru)

On some issues of mutual responsibility of the government and the individual

Abstract.

The law has been developing on the basis of limitation of state authority and institutions. The society has approved a plenty of democratic tenets corresponding to this goal, which was summarized in a general theory of the legal state, considering the person not as an object of power, but as a subject of law – a citizen against whom the government has its’ responsibilities. The principle of the state liability to society is reflected in articles 2, 18, 45, 46, 52, 53, 55 of the Constitution of the Russian Federation. The system of judicial contestation of almost all the actions done by the state agencies and officials has been established. The principle of mutual responsibility of the state and the individual appears to be the most important element to overcome adverse events. Despite its undeniable importance, in the theory of state and law a generally accepted notion of this principle still does not exist. In the present paper the special attention is paid to the importance of the principle of mutual responsibility for the rule of law without consideration of its’ content.

Keywords: the government, mutual responsibility, citizen, administration, legislation, national problem, the court, the theory of legal state.

JEL: К10, К 30

111