Human and state
Reference:
Bagrova N.V.
Individual acts in the mechanism of legal regulation of spousal property relations
// Law and Politics.
2019. ¹ 9.
P. 1-8.
DOI: 10.7256/2454-0706.2019.9.30854 URL: https://en.nbpublish.com/library_read_article.php?id=30854
Abstract:
This article examines the individual acts as the means of legal regulation of spousal property relations. Individual regulation, especially in family sphere, is an objective need, since in many cases the character of family relations excludes the possibility of uniform regulation realized through the legal norms. The goal of this research lies in the definition and characteristics of individual acts regulating spousal property relations, their types and functions, as well as substantiation of the role within the mechanism of legal regulation. The scientific novelty consists in the comprehensive approach to consideration of individual acts regulating spousal property relations, agreements, unilateral transactions and court rulings. Despite fundamental differences, such acts also have common attributes: subject of regulation, specific subject composition, and possibility of their implementation only within the framework of provided statues. These acts are also unite by the functions they carry out: harmonization of the interests of spouses, prevention of family conflicts, and support of the traditional family values. The emphasis is made on the prenuptial act, which represents a complex model of property-organizational agreement. The conclusions drawn in the article may be valuable in improving family law and law enforcement practice, both, court and notarial.
Keywords:
cryptocurrency, mediation agreement, alimony agreement, division of property, marital property, marriage contract, spouse's consent, individual, individual regulation, family value
Monograph peer reviews
Reference:
Morkhat P.M.
Peer review to the monograph of K. M. Belikova “Legal Regulation of the Relations on Scientific Information in light of the legislation on intellectual property of the BRICS countries” (M.: RUDN, 2019. – 330 p.)
// Law and Politics.
2019. ¹ 9.
P. 9-15.
DOI: 10.7256/2454-0706.2019.9.30740 URL: https://en.nbpublish.com/library_read_article.php?id=30740
Abstract:
The subject of this research is the monograph “Legal Regulation of the Relations on Scientific Information in light of the legislation on intellectual property of the BRICS countries” (M.: RUDN, 2019. – 330 p.) of the Doctor of Law, Professor K. M. Belikova. The author examines the content of this publication, as well as expresses the opinions and ideas on it. From the perspective of acknowledging by Russia the need to develop partnership relations with BRICS countries – Brazil, India, China and South Africa, the attention is given to the current and promising scientific-practical component of the work. The author also assesses its relevance, novelty, distinction from other similar publications and degree of continuity, reference on authoritative source database, including law enforcement practice and case law; as well as makes critical comments. The peer review by the Doctor of Law, Judge of the Arbitration Court of the Moscow Region, Lecturer at the Institute of Advanced Training of Kutafin Moscow State Law University P. M. Morkhat represents an original creative interpretation of a broad range of the important and interesting questions in the area of private and public (material and procedural) law of the BRICS countries, and is characterized by the novelty of approaches and ideas.
Keywords:
procedural and legal protection, innovation development, patent rights, copyright, intellectual property, scientific information, BRICS, legal framework, scientific knowledge, information
Practical law manual
Reference:
Titov N.D.
Analysis of the court rulings on cases pertaining to challenging contracts due to their contradiction to the essence of legislative regulation of the corresponding type of responsibility
// Law and Politics.
2019. ¹ 9.
P. 16-28.
DOI: 10.7256/2454-0706.2019.9.30837 URL: https://en.nbpublish.com/library_read_article.php?id=30837
Abstract:
The subject of this research is the formulated by the Plenum of the Supreme Court of the Russian Federation in the order dated of 06.23.2015 No. 25 “On the application by courts of certain provisions of Part One of the Civil Code of the Russian Federation” ground for the nullity of contracts in form of their contradiction to the essence of legislative regulation of the corresponding type of responsibility. This aspect has not been diligently studied within the framework of the doctrine up to the present time, despite its evident law enforcement capacity. The article contains the analysis of court rulings of general jurisdiction and arbitration courts of various level on cases related to invalidating a contract that contradicts the essence of legislative regulation of the corresponding type of responsibility. The conclusions made in course of this research carry the elements of scientific novelty and may be applies in studying the grounds for the nullity of contracts and protection of civil rights.
Keywords:
invalidity of bargains, void contracts, contradiction of the essence regulation, consequences of invalid bargain, rescission, invalid bargain, legislative regulation, reform of civil legislation, precedents, illegal bargains
State institutions and legal systems
Reference:
Lipinsky D.A., Musatkina A.A.
System of law and system of legal responsibility: some problems of interconnection and correlation
// Law and Politics.
2019. ¹ 9.
P. 29-47.
DOI: 10.7256/2454-0706.2019.9.30581 URL: https://en.nbpublish.com/library_read_article.php?id=30581
Abstract:
The object of this research is the system of law and its subsystem – the institution of legal responsibility in their interconnection and correlation. The subject of this research is the problems of differentiation of legal norms in sectoral and sectoral institutions of legal responsibility on micro and macro levels; scientific outlooks on the system of law and the system of legal responsibility. Analysis is conducted on the most controversial issues of the structure of the legal system and bases of its division. The authors substantiate the unacceptability of arbitrary based solely on subjectivism of the legislator, determine the new branches of law, as well as integrated branches. At the same time. The existence of cross-sectoral institutions that are on the same level with the sectoral division of the system of law is recognized. Leaning on the theoretical positions on the system of law, research is conducted on the structure of the institution of legal responsibility; the theses are offered on political structuredness of this system, as well as presence of interconnections with various levels and elements of the system of law. Conclusions are made on the dependence between the elements of the system of law and the elements of the system of legal responsibility, which are not simultaneously of absolute nature. The presence of sectoral structure of the system of law does not always presuppose existence of sectoral institution of legal responsibility, same as the separation of the system of law onto private and public does not signify existence of private legal responsibility. The authors substantiate the unacceptability of the arbitrary selection of sectoral and cross-sectoral institutions of legal responsibility based solely on subjectivism of the legislator and declarativity of prescriptions.
Keywords:
types of branches of law, branches of legislation, Institute of Legal, ; branches of law, legal liability system, system of law, types of legal, functional relationships, structure of law, liability structure
Transformation of legal and political systems
Reference:
Chereshneva I.
To the question of legal qualification of mining
// Law and Politics.
2019. ¹ 9.
P. 48-55.
DOI: 10.7256/2454-0706.2019.9.30750 URL: https://en.nbpublish.com/library_read_article.php?id=30750
Abstract:
The lack of legal clarity with regards to the legal nature of cryptocurrencies and the process of its mining, the subject of this research lies in the attempt to view the latter as one of the types of business activity, which is particularly relevant in both, theoretical and practical terms. The author meticulously examines the concept and types of mining; analyzes the activity in the area of mining through the prism of the legislatively established definition of business activity; as well analyzes case law and foreign experience on the matter. The conclusion is made that mining corresponds with the legislatively established definition of business activity, and thus it is necessary of demarcate the business and non-business character of activity in the area of mining. At the same time, the future federal law “On the Digital Financial Assets” should envisage the set of criteria (such as profit margin per calendar year, existence of infrastructure used exclusively for cryptocurrency transactions, rapid changes in the volume of cryptocurrency reserve, etc.) that allow considering mining as one of the types of business activity.
Keywords:
legislative drafting activities, bitcoin, digital economy, digital assets, entrepreneurship, cryptocurrency, blockchain, mining, digital assets turnover, income
Stabilization systems: fiscal control
Reference:
Musatkina A.A.
Some issues with correlation of the institutions of financial legal protection and financial legal responsibility
// Law and Politics.
2019. ¹ 9.
P. 56-73.
DOI: 10.7256/2454-0706.2019.9.30865 URL: https://en.nbpublish.com/library_read_article.php?id=30865
Abstract:
The object of this research is the financial relations regulated by the institutions of financial legal protection and responsibility in their interconnection and correlation. The subject of this research is the norms of the institutions of financial legal protection and responsibility, their interconnection, interaction and contradictions, as well as the outlook of scholars on the most controversial issues. Analysis is conducted on the institution of financial legal responsibility and protection: the subject and method of legal regulation; peculiarities of structural construct; typical characteristics of the norms that comprise them. Special attention is dedicated to the functional and target designation of the two financial legal institutions, as well as their genetic, coordination and subordination interconnections. The article reveals the aspects of unity and interaction of the institution of financial legal responsibility and protection, and utilizes legal positions of the Constitutional Court of the Russian Federation for substantiation of a number of conclusions. The author determines contradictions of separate financial legal norms with the norms established by the Constitution of the Russian Federation and proposes ways of resolving them. The novelty of this research consists in determination of the institutional aspects of financial legal protection and responsibility. The article provides resolution to a number of applied problems, namely: recommendations are provided for improving the taxation and budgeting legislation, implementation of which will remove contradictions with the constitutional norms that possess higher juridical power.
Keywords:
paired legal categories, norms financial liability, financial and legal, Institute legal responsibility, Responsibility, Institute Legal Responsibility, legal liability, tax liability, fiscal responsibility, banking responsibility
Human and state
Reference:
Timshina E.L.
The issue associated with passing the Federal Law on Social Support of the “Children of War” (on the materials of legislative bills introduced into the State Duma of the Russian Federation)
// Law and Politics.
2019. ¹ 9.
P. 74-89.
DOI: 10.7256/2454-0706.2019.9.28919 URL: https://en.nbpublish.com/library_read_article.php?id=28919
Abstract:
One of the vectors of the state social policy is care for the people who survived the Great Patriotic War. Social protection of this category of citizens prompted active discussion in the recent decade of the legislation on the so-called “children of war”, people whose childhood fell on the years of the Great Patriotic War. Legislative bills on “children of war” are founded on a new approach towards social support: instead of principles of deserving or need, they are based on belonging to a certain generation. The struggle for passing a uniform federal law started in 2006, and continues until present day. The goal of this article is to study the set of issues associated with passing of this federal law. The main initiators of this legislation, which were the Communist Party of the Russian Federation “A Just Russia” and regional authorities were unable to propose a uniform legislative bill, even though majority of the bills did not contain insurmountable differences. The authors of the initiatives also failed to overcome the law enforcement issues before them, but the failures of legislative bills also reveal common problems of the work of the State Duma of the Russian Federation, such as misuse of the right of legislative initiative by the deputies, weakness of the financial and economic bases, as well as lack of regulation of the conciliation procedures on controversial legislation. The relevance in passing this legislation still persists, as the current local legislative framework contains contradictions and requires unification on the federal level, but its timely implementation is doubtful without a compromise-based version of the bill with precise financial calculations.
Keywords:
law on veterans, Edinaia Rossiia, LDPR, Gosudarstvennaia Duma, KPRF, Spravedlivaia Rossiia, children of war, social protection, social support, social law