Morozov A.A. —
The legal nature of preferential rights in corporate relations.
// Law and Politics. – 2024. – ¹ 4.
– P. 61 - 68.
DOI: 10.7256/2454-0706.2024.4.44040
URL: https://en.e-notabene.ru/lpmag/article_44040.html
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Abstract: The subject of the research in this article is the study of the legal nature of preferential rights in the activities of legal entities and the definition of the concept of preferential rights in the activities of legal entities in a narrow and broad sense. The study of pre-emptive rights in the activities of legal entities is carried out on the basis of their correlation with real, binding and secundary rights. The relevance of the research is due to the importance of studying the legal nature of preferential rights in the activities of legal entities and the need to systematize views on understanding the development of preferential rights in the activities of legal entities and, as a result, determining the origins of the legal nature of preferential rights in the activities of legal entities. It is also necessary to note the importance of conducting a comparative analysis of preferential rights in the activities of legal entities with real, binding and second rights. The scientific novelty of the research is determined by the goal itself and the results of the work. In the course of the scientific research, the author systematized the information defining the legal nature of preferential rights in the activities of legal entities, offered his vision of the concept of preferential rights in the activities of legal entities in narrow and broad senses, justified his conclusions; analyzed the content of relations on the implementation of preferential rights in the activities of legal entities with binding, real and second rights, their role and the importance for the institution of preferential rights in the activities of legal entities. The definition of preferential rights in the activities of legal entities is formulated in a narrow and broad sense.
Morozov A.A., Gudkova M.O. —
Formation and Development of Compensation for Moral Damage in Russia.
// Law and Politics. – 2022. – ¹ 8.
– P. 15 - 27.
DOI: 10.7256/2454-0706.2022.8.38644
URL: https://en.e-notabene.ru/lpmag/article_38644.html
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Abstract: The subject of the research in this article is the consideration of the causes of the legal structure of compensation for moral harm, the study of the evolution of the mechanism of legal regulation of the compensation for moral harm in Russia in the Russian Empire, the Soviet Union, modern Russia. The study of the formation of the institution of compensation for moral damage is carried out on the basis of its correlation with the provisions of the Talion principle. The relevance of the research is due to the significance of the study of the peculiarities of the regulation of the civil law mechanism of the institute of moral damage compensation and the need to systematize views on understanding the development of the mechanism of legal regulation of the institute of moral damage compensation in different periods, under different political systems in Russia and, as a result, the division of all periods of legal regulation of the institute of moral damage compensation into several stages. It is also necessary to note the importance of conducting a comparative analysis of the mechanism of compensation for moral damage and the provisions of the talion principle throughout the entire time of their coexistence. The scientific novelty of the research is determined by the goal itself and the results of the work. In the course of the scientific research, the author systematized information about the development of the mechanism of legal regulation of the institute of compensation for moral harm, proposed his classification of the evolution of the mechanism of legal regulation of the institute of compensation for moral harm, consisting of several stages: pre-revolutionary, Soviet, modern, justified his conclusions; analyzed the ratio of the institute of compensation for moral harm and the Talion principle, their role and significance on the during each of the selected stages of the evolution of the legal regulation of the mechanism of compensation for moral damage. The correlation of the mechanism of compensation for moral damage and the talion principle within each study period is analyzed. The position of the institute of compensation for moral damage to the talion principle is determined.