Mukhin I.V., Malykh I.V. —
On the concept of “legal work in a commercial organization”
// Legal Studies. – 2021. – ¹ 6.
– P. 56 - 65.
DOI: 10.25136/2409-7136.2021.6.35804
URL: https://en.e-notabene.ru/lr/article_35804.html
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Abstract: This article explores the problem of ambiguity of the category “legal work in a commercial organization”. A well-founded, logically accurate conceptual-categorical apparatus is important not only from a scientific perspective, for achieving the practical effectiveness of such activity as well. The authors raise the question on the absence of legislative consolidation of this category. Analysis is conducted on the existing in legal doctrine approaches towards the concept of “legal work” and “legal work in a commercial organization”. The conducted analysis of legislation and legal doctrine on the subject matter allows concluding on the need for distinguishing a narrow and broad approaches towards definition of the concept “legal work in a commercial organization”. In a narrow sense, it is offered to views this concept as a competent legal activity carried out by the expert, legal adviser, or external lawyer for ensuring effective functionality of the mechanism of legal regulation and systematic receipt of profit. In a broad sense, this concept should be viewed as an actual legal work and the activity of all structural departments, under the supervision of legal service, legal adviser or other entity, who can render a competent legal aid. The authors suggest adopting a special federal law that would regulate legal work, obligating the commercial organizations to hire competent legal experts. This would correspond to the trend of professionalization of legal aid, increase the effectiveness of protecting the rights and legitimate interests of organizations, and thus reduce legal nihilism, improve the quality of justice, optimize the burden on public authorities, and ultimately, contribute to observance of the general legal principle of legitimacy in entrepreneurial activity.
Mukhin I.V., Malykh I.V. —
Legal Forms of Funding Maintenance of Private Roads Designated for Public Use
// Legal Studies. – 2019. – ¹ 8.
– P. 25 - 36.
DOI: 10.25136/2409-7136.2019.8.29492
URL: https://en.e-notabene.ru/lr/article_29492.html
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Abstract: Within the framework of the article, the authors analyzes the main issues related to legal regulation of financing of costs for maintenance of private roads designated for public use that arise in the Russian Federation. The authors take into account the special status of these elements of public infrastructure as private property that can be used by an unlimited number of individuals. The authors try to analyze the sources of coverage of such costs such as funds collected when serviceability of roads is set; payments from a concession granter under public private partnership agreement; payments from public servitude authority when public servitude fee is set; and tax savings when associated rebates are set by the legislation. The authors have used general research methods (induction, deduction, analysis and synthesis) and special science methods (formal law analysis and logical approach). They have analyzed legislation, legal doctrine and judicial practice and approaches to finding the balance between public and private interests. As a result of their research, the authors conclude that current legislation obliges owners of car roads for public use to bear their maintenance costs on theirown. However, there is still an efficient mechanism of co-funding and coverage of owner's expenses. These are important issues for economic development, thus there is a need to improve relevant legislation.
Mukhin I.V., Malykh I.V. —
Right of a working woman to monthly childcare allowance for children under the age of 1.5: history and modernity
// Law and Politics. – 2019. – ¹ 3.
– P. 75 - 96.
DOI: 10.7256/2454-0706.2019.3.29167
URL: https://en.e-notabene.ru/lpmag/article_29167.html
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Abstract: The subject of this research is the right of a working woman to monthly childcare allowance for children under the age of 1.5 as a vital opportunity in labor sphere, due to unavoidable decrease in work capacity and income with simultaneous increase in household expenses immediately following birth of a child. These circumstances require a special legal protection. The authors examine the relevant issues of passing corresponding legislation, as well as legal doctrine and case law. An original periodization of the stages of legislative consolidation of this right is proposed. The article determines the issues in legal regulation, particularly the inadequate amount of allowance, considering the increase in additional household expenses and temporary inability to work due to maternity leave. The author review the approaches towards finding balance between the interests of employees-insurers, insured parties, insurer and the government. The need for introducing corresponding amendments into the legislation is substantiated.
Mukhin I.V., Malykh I.V. —
Legal issues of sale of timber acquired in the process of subsoil use
// Law and Politics. – 2018. – ¹ 11.
– P. 73 - 79.
DOI: 10.7256/2454-0706.2018.11.28032
URL: https://en.e-notabene.ru/lpmag/article_28032.html
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Abstract: The subject of this research is the legal issues associated with utilization of timber acquired in terms of geological exploration of subsoil and mineral resource development. Length of the process of sale of timber, stipulated in the current legislation, leads to decline in its consumer qualities, violation of the sanitary and fire safety regulations in the forests, causing loss of profits for the state. Legal regulation of forestry affairs with regards to the aforementioned issues requires improvement. The authors analyze the current legislation, legal doctrine and case law on disputable questions, as well as the approaches towards finding balance between the public and private interests in regulating the procedure for sale of timber acquired during use of subsoil. The authors substantiate the need for introducing the corresponding changes in forestry legislation and propose excluding mandatory negotiations on utilization of timber. It is suggested to present priority right to the entity using the timber located on the land in correspondence to the Articles 43-36 of the Forestry Code of the Russian Federation of its contractor to sign sale agreements of the timber and forest vegetation without negotiations. The norms will be more flexible and consider the interest of both, state and forest users.
Mukhin I.V., Malykh I.V. —
Legal issues of sale of timber acquired in the process of subsoil use
// Law and Politics. – 2018. – ¹ 11.
– P. 73 - 79.
DOI: 10.7256/2454-0706.2018.11.43198
URL: https://en.e-notabene.ru/lamag/article_43198.html
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Abstract: The subject of this research is the legal issues associated with utilization of timber acquired in terms of geological exploration of subsoil and mineral resource development. Length of the process of sale of timber, stipulated in the current legislation, leads to decline in its consumer qualities, violation of the sanitary and fire safety regulations in the forests, causing loss of profits for the state. Legal regulation of forestry affairs with regards to the aforementioned issues requires improvement. The authors analyze the current legislation, legal doctrine and case law on disputable questions, as well as the approaches towards finding balance between the public and private interests in regulating the procedure for sale of timber acquired during use of subsoil. The authors substantiate the need for introducing the corresponding changes in forestry legislation and propose excluding mandatory negotiations on utilization of timber. It is suggested to present priority right to the entity using the timber located on the land in correspondence to the Articles 43-36 of the Forestry Code of the Russian Federation of its contractor to sign sale agreements of the timber and forest vegetation without negotiations. The norms will be more flexible and consider the interest of both, state and forest users.