Kiseleva E. —
Features of regulation of the institution of inheritance agreement in Russian law
// Legal Studies. – 2024. – ¹ 7.
– P. 70 - 78.
DOI: 10.25136/2409-7136.2024.7.68696
URL: https://en.e-notabene.ru/lr/article_68696.html
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Abstract: The subject of the study are the key features of the inheritance contract as an instrument of legal regulation of the relations of the testator and heirs, as well as its specifics in the Russian civil legislation. The provisions of the Civil Code of the Russian Federation devoted to the analysis of the relationship between the rights and obligations of the parties to this contract, the procedure for its conclusion and termination are analyzed in sufficient detail, and the main problematic issues accompanying the procedure for using inheritance contracts in domestic practice are identified. In this context, the importance of further improvement of the legal framework governing the procedure for using the inheritance contract in legal practice is determined. It should be noted that the legislative consolidation of the institution of an inheritance contract provides the testator with the opportunity not only to dispose of his property, but also the right to burden the heir to perform certain actions. However, the model of the relationship between the parties to the inheritance contract in domestic legislation not places them in equal position. Such a circumstance, as well as a number of legally ambiguous points noted in this article, necessitate further improvement of the domestic regulatory legal framework governing various aspects of the conclusion and execution of an inheritance contract.
Filatova E. —
Anti-Corruption Clause in Civil Law Contracts: Theoretical and Practical Aspects of Use
// Legal Studies. – 2023. – ¹ 6.
– P. 56 - 65.
DOI: 10.25136/2409-7136.2023.6.39418
URL: https://en.e-notabene.ru/lr/article_39418.html
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Abstract: The purpose of the article is to analyze the essential content and features of the practical use of such a tool for countering corruption manifestations at the level of organizations as an anti-corruption clause included in the text of civil law contracts concluded by it with its counterparties. In this context, the subject of the research conducted in the framework of the article is a set of key characteristics inherent in the anti-corruption clause, legal norms governing its use in civil law contracts, as well as forms of practical use of this tool in the practical activities of modern organizations. At the same time, a set of general scientific methods of comparative analysis and synthesis of the main approaches to the study of the issues under consideration, outlined by the predecessors, is used. Also, within the framework of achieving the research goal, a comprehensive use of formal legal and comparative legal methods is provided. On this basis, the main approaches to the formulation of the essential content of the category "anti-corruption clause", the features of its use in the process of regulation of anti-corruption at the level of organizations, the problematic aspects accompanying the use of this tool are considered. Special attention is paid to the use of an anti-corruption clause in the text of employment contracts concluded by an organization with its employees. The necessity of fixing the mandatory nature of the inclusion of an anti-corruption clause in the text of an employment contract concluded with persons holding corrupt (corruption-dangerous) positions is substantiated.
Filatova E. —
Countering corruption as a threat to public security in foreign countries
// National Security. – 2022. – ¹ 2.
– P. 74 - 82.
DOI: 10.7256/2454-0668.2022.2.37186
URL: https://en.e-notabene.ru/nbmag/article_37186.html
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Abstract: Among the factors that pose a systemic threat to public security in modern realities, one of the most important is the spread of corruption. At the same time, many of the foreign countries have faced manifestations of this threat much earlier than the Russian Federation, and therefore have accumulated more substantial experience in countering them. In this context, the article examines the specifics of the implementation of various anti-corruption models that take place in world practice (Singapore, the United States of America, Ireland, etc.). It also substantiates the most important role of the public control system in the system of leveling threats to public security generated by corruption factors. In the context of the topic under consideration, it seems necessary to legislatively regulate the order of interaction of public control institutions with state and municipal bodies, as well as the responsibility of the latter for non-assistance or opposition to structures empowered to carry out public anti-corruption control.Summing up the analysis, I would like to note that the use of foreign experience of administrative and legal regulation both in the field of formation of mechanisms of public (public) anti-corruption control and improvement of anti-corruption mechanisms in general is one of the most important areas of ensuring public safety due to the extremely high danger posed by modern trends in the development of corruption processes for the formation of the environment, characteristic of a healthy society.