Kolesnichenko O.V., Pankratova D.V. —
Sale of goods through marketplaces: problems of realization and protection of consumer rights
// National Security. – 2024. – ¹ 3.
– P. 17 - 27.
DOI: 10.7256/2454-0668.2024.3.71092
URL: https://en.e-notabene.ru/nbmag/article_71092.html
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Abstract: The subject of the research in this article is the problems of legal regulation of the sale and protection of the rights of buyers when selling goods through marketplaces. The authors pay special attention to the characteristics of the application of this method of selling goods. The specifics of providing the marketplace to the consumer with reliable, complete and accurate information about the characteristics of the product, price, delivery and return conditions, the specifics of ordering and canceling the order, returning goods of inadequate quality and goods that did not suit the consumer in shape, dimensions, style, coloring, size or configuration are considered. The doctrinal approaches to the definition of the concepts of "marketplace" and "information aggregator" are investigated. It is noted that terminological certainty, which is so necessary in this field of legal regulation, is accepted as a condition for extending legal guarantees of the realization and protection of consumer rights in their universal meaning to the studied relations. The research was conducted using general philosophical (materialistic, dialectical), general scientific (logical, system-structural), private scientific (formal legal) methods. As a result of the study, it is proved that the sale of goods to consumers through marketplaces is characterized by a number of significant features that distinguish this method from distance trading in general, due to the presence of which there is a need to develop rules for the sale of goods (provision of services, performance of works) based on the marketplace. The authors propose to understand the marketplace as an intermediary platform between consumers of goods, works and services, organizations, individual entrepreneurs selling goods for personal, family and other consumption unrelated to entrepreneurial activity, built on the basis of a specific aggregator of information about goods, designed to create conditions for the conclusion, execution, termination and modification of the contract between the specified entities through e-commerce. It is noted that the mandatory components of the rules should be the rules for the exchange and return of goods purchased through the marketplace; the rules for refunding funds for goods of inadequate quality or goods that did not suit the consumer in shape, size, style, coloring, size or configuration; the rules for disclosing information about the sold product, including requirements for its originality; the rules registration and cancellation of the product order on the marketplace; rules for handling complaints and appeals to the marketplace.
Kolesnichenko O.V. —
Health damage caused as a result of adverse environmental impacts: civil compensation mechanisms
// Legal Studies. – 2024. – ¹ 3.
– P. 115 - 126.
DOI: 10.25136/2409-7136.2024.3.70234
URL: https://en.e-notabene.ru/lr/article_70234.html
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Abstract: The subject of research in this article is the regulations and theoretical ideas about compensation for harm caused to a citizen’s health as a result of adverse environmental impacts. The purpose of the study is to create doctrinal conditions and develop proposals for the development of civil legislation aimed at ensuring compensation for harm caused by damage to health in the environmental sphere. As a result of the study, it was proved that in order to ensure real compensability of harm to health in the environmental sphere, the presumption of environmental danger of certain types of economic activity should be accompanied by the legal establishment of an irrefutable presumption of the origin of physical harm from adverse environmental impacts, based on available knowledge about the causes and symptoms of environmentally caused diseases (medical criterion), whether the victim belongs to a risk group based on living or working in the contaminated area (legal criterion). However, the author does not limit himself to justifying the need to introduce this presumption, but proposes a set of measures for the accompanying development of legislation. It is noted that the irrefutable presumption of the origin of physical harm from adverse environmental impacts must be accompanied by the establishment of an obligation of business entities to create conditions for the implementation of non-tort forms of compensation, alternative to insurance compensation within the framework of liability insurance. In this capacity, agreements on the distribution of risks can act, the terms of which provide for the creation of a quasi-insurance public benefit fund, payments from which will repay obligations to victims in an amount that allows taking into account the loss of ability to do paid work, the need for outside care, etc.
Kolesnichenko O.V. —
Foreign experience of application of special systems of restitution for damages to health as a result of work accidents and occupational diseases (on the example of Germany and Great Britain) and prospects of borrowing it by Russia
// Law and Politics. – 2020. – ¹ 8.
– P. 18 - 32.
DOI: 10.7256/2454-0706.2020.8.43347
URL: https://en.e-notabene.ru/lamag/article_43347.html
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Abstract: The subject of this research is the legislation and practice of its implementation, as well as the legal doctrine of Russia, Germany and Great Britain on the existing special systems of compensation for damage inflicted to health as a result of work accidents and occupational diseases. The author examines the special systems of restitution for occupational damage that represent starkly different versions of implementation of basic models developed in global practice (Bismarck and Beveridge). Attention is focused on the key issues of compensation for occupational damage using the legal means available in the Russian Federation. Analysis is conducted on the existing foreign experience on the matter. The author’s special contribution to the research of the topic consists in the statement that for establishing balance within the system of restitution for occupational damage it is necessary to clearly demarcate the three types of compensations: guaranteed social security paid from the budget funds in terms of obligations assumed by government to support vulnerable population groups; obligations in tort recovered from the tortfeasor, considering the grounds and limits of civil liability; insurance payments, which represent partial coverage of inflicted damage based on the terms of insurance contract. The scientific novelty lies in determination of the prospects for improving the national special system of restitution for occupational damage. It is substantiated that in such system the distribution of losses between different types of compensations should be based on the criteria of preferred form of compensation (payment in kind or financial compensation); legal nature of separate elements of reparation (incapacitation, occupational disease, etc.); type of payments (recurring or lump sum), purpose of compensation; calculation of payments.
Kolesnichenko O.V., Ishchuk Y.G. —
The institution of recourse as an instrument ensuring legality in internal affairs bodies
// Police and Investigative Activity. – 2019. – ¹ 3.
– P. 36 - 44.
DOI: 10.25136/2409-7810.2019.3.29997
URL: https://en.e-notabene.ru/pm/article_29997.html
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Abstract: The research subject is the set of legislative provisions composing the civil institution of recourse, the practice of their application in the context of requirements to the procedure and the conditions of imposing different types of responsibility on the officials of internal affairs bodies for offences related to discharge of official duties, and the scope of scientific works studying recourse obligations. The authors analyze the latest statistical data illustrating the condition of litigating actions commenced within the rule of articles 1069, 1070 of the Civil Code of the Russian Federation. The research methodology is based on general philosophical (materialistic and dialectical), general scientific (historical, logical, system-structural), specific (sociological, statistical, hermeneutical methods, modeling, and the method of strategic assessment), and special (structural-legal, formal-legal) methods. The authors substantiate the conclusion that the institution of recourse serves as an effective instrument of strengthening legality in the fields of administrative and criminal procedure. At the same time, the mechanisms of application of direct liability and recourse liability are not equal, and it is necessary to lay groundwork aimed at establishing and proving the illegality of actions (or inactions), consequences, and guilt, in each particular case.
Kolesnichenko O.V. —
Comparative Characteristics of Reimbursement System to Compensate for Injury Used by the Foreign States (the Case Study of Italy, Germany and Great Britain)
// Financial Law and Management. – 2018. – ¹ 4.
– P. 37 - 43.
DOI: 10.7256/2454-0765.2018.4.29999
URL: https://en.e-notabene.ru/flmag/article_29999.html
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Abstract: The article is devoted to comparative analysis of reinbursement systems used by the foreign states to compensate for injury. The aim of the research is to find promising areas for developing Russian laws, judicial practice and doctrine by using the experience of the foreign states. The subject of the research is the legislation and judicial practice as well as legal doctrines of Italy, Germany and Great Britain. The author uses the experience of the foreign states that have developed different approaches to defining the volume and nature of injury reimbursement. The methodological basis of the research is general philosophical (materialistic and dialectical), general research (logical, structured systemic, axeological), specific scientific (hermeneutical analysis and strategic assessment method) and special research methods (structural legal, comparative legal and formal legal methods). The author demonstrates that despite differences in their laws, Italy, Germany and Great Britain determine the size of income lost based on a combination factors and quite often do not require the proof of actual loss, neither they demand that an individual is deprived of a right for free health care. Thus, the 'non-material loss' doctrine is not limited to evaluation of moral and physical suffering of an individual but is aimed at returning an individual to the position he or she was in before the right was violated. The scientific novelty of the research is caused by the fact that the author describes prospects for improving Russian law and legal practice including a shift away from a traditional definition of non-material harm viewed mostly as moral suffering resulting from injury; substantiation of the need in integral assessment of lost capabilities and increased physical needs as a result of injury; refusal from the criterion 'no right for free health care' and adoption of the criterion of reasonable loss based on integral assessment of injury consequences.
Kolesnichenko O.V. —
Establishment of Specialized services on Funeral Business in Municipalities: Problems of Defining Organizational and Legal Form
// Administrative and municipal law. – 2017. – ¹ 12.
– P. 62 - 68.
DOI: 10.7256/2454-0595.2017.12.24370
URL: https://en.e-notabene.ru/ammag/article_24370.html
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Abstract: The subject of the research is the legislation and judicial experience in organisation and performance of specialized funeral services in municipalities. The author examines the problems of determining the legal status of specialized funeral services created in municipalities in order to provide the population with a guaranteed list of burial services within the framework of addressing issues of local importance. The main approaches to the definition of the organizational and legal form of a specialized service for funeral matters when it is created are identified and studied. The methodological basis of the research included dialectical research method that is based on the principles of versatility, objectivity and co-relation of studied phenomena, general research methods (anaysis, synthesis, deduction, induction, analogy, etc.) and special research methods (analytical systems approach, complex analysis, legalistic analysis, etc.). On the basis of the conducted research, the author proposed to bring the provisions of the Federal Law "On Burial and Funeral Affairs" in line with the Federal Law "On General Principles of Organization of Local Self-Government", giving local governments the opportunity to exercise their powers in the funeral business in various ways that do not contradict civil law.
Kolesnichenko O.V. —
Peculiarities of determination of a fact of official duties performance for the purpose of implementation of government guarantees of compensation of damage to life and health of public law-enforcement officers
// Police activity. – 2017. – ¹ 2.
– P. 35 - 46.
DOI: 10.7256/2454-0692.2017.2.21806
URL: https://en.e-notabene.ru/pdmag/article_21806.html
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Abstract: The article considers the problems of linking death or bodily injuries of a public law-enforcement officer with official duties performance. The author analyzes the legislation and the judicial practice, gives attention to disputable aspects of differentiation of a legal status of persons, suffering from such damage in the result of implementation of important functions of law-enforcement agencies, and persons, harmed in the process of performance of other duties. The author formulates recommendations, aimed at the development of the system of insurance and other guarantees in this sphere. The research methodology is based on the dialectical method of scientific cognition, general scientific methods (analysis, synthesis, deduction, induction, analogy) and specific research methods (system-analytical, complex, formal-legal, etc.). The author suggests finding out, whether the damage was caused by the actions of other persons or the actions (or negligence) of the damaged person himself/herself, to define the link between death or bodily injuries of a public officer with the performance of his/her official duties. The author substantiates the necessity to transfer the task of determination of causal link from military physician boards to permanent payment commissions.
Kolesnichenko O.V. —
// Law and Politics. – 2011. – ¹ 2.
DOI: 10.7256/2454-0706.2011.2.3393
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Kolesnichenko O.V. —
// Law and Politics. – 2011. – ¹ 2.
DOI: 10.7256/2454-0706.2011.2.41662
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