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.
Morozov A.A., Svarchevskii K.G., Sachenko A.L. —
Legal regulation of the supply agreement in Russia
// Law and Politics. – 2021. – ¹ 9.
– P. 197 - 207.
DOI: 10.7256/2454-0706.2021.9.36580
URL: https://en.e-notabene.ru/lpmag/article_36580.html
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Abstract: The subject of this research is examination of the causes for the emergence of the contractual structure for the supply of goods, as well as the evolution of the development of legal regulation mechanism of the supply agreements in the Russian Empire, Soviet Union, and modern Russia. The study of the supply agreement is conducted in its relation to the purchase and sale agreement. The relevance of this research is substantiated by the importance of knowing the peculiarities of regulation of civil law framework of the supply agreement and the need for systematization of views upon the development of legal regulation mechanism of the supply agreement in different periods and political systems in Russia, thereby dividing all periods of legal regulation of the supply agreement into several stages. The author underlines the importance of comparative analysis of the purchase and sale agreement with the supply agreement throughout the entire time of their coexistence. The author systematizes the information on the development of legal regulation mechanism of the supply agreement; offers the original classification of its evolution consisting of several stages: prerevolutionary, Soviet, and modern; substantiates the formulated conclusions; analyzes the interrelation between the purchase and sale agreement and the supply agreement, as well as their role during each of the highlighted stated of evolution of the legal regulation mechanism of the supply agreement. The article also analyzes the peculiarities of the purchase and sale agreements within the framework of each period under review; determines the status of the purchase and sale agreement, and the degree of its autonomy.