Vronskaya M.V. —
The Spread of COVID-19 as a Force Majeure Circumstance in the Context of Exemption from Civil Liability
// Law and Politics.
– 2022. – № 11.
– P. 1 - 13.
DOI: 10.7256/2454-0706.2022.11.39084 EDN: HZQUJE URL: https://en.nbpublish.com/library_read_article.php?id=39084
The subject of the study in this paper is the transformation of the practice of applying legislation regulating the exemption from civil liability during the pandemic. The authors analyze in detail the content of such related categories: "force majeure" and "force majeure clause". The article highlights the features of exemption from civil liability due to insurmountable circumstances, their doctrinal clarification, the ratio of definitions. Separately, the materials of law enforcement practice of disputes related to non-fulfillment of obligations due to the introduction of restrictive measures related to the spread of COVID-19 are analyzed in the context of identifying the nature of such restrictive measures and the possibility of their attribution to force majeure circumstances exempting from civil liability. The novelty of the study is determined by a small number of scientific papers, a wide range of legal problems that have arisen as a result of numerous judicial practice of fulfilling obligations in the context of the implementation of restrictive measures and self-isolation regime in the context of countering the spread of COVID-19. Special attention is paid to the analysis of normative legal acts defining the specifics of the implementation of contractual obligations between counter-parties due to the introduction of restrictive measures during the pandemic. The main conclusions of the author are: the COVID-19 pandemic itself does not relate to a force majeure circumstance, but is qualified by Russian courts as a kind of force majeure, in connection with which the authors consider it necessary to propose a new version of Article 401 of the Civil Code of the Russian Federation.
default, arbitrage practice, civil legalrelations, Civil responsibility, isolation mode, restrictions, force majeure, proof of, civil law, political risks
Authority and management
Embulaeva N., Shapovalov A., Sluchevskii V.G. —
Transformation of Certain Principles of Formation and Activity of Public Authorities
// Law and Politics.
– 2022. – № 11.
– P. 14 - 22.
DOI: 10.7256/2454-0706.2022.11.39308 EDN: TIYVYM URL: https://en.nbpublish.com/library_read_article.php?id=39308
The subject of the study is public relations related to the implementation of certain principles of the formation and functioning of public authorities at various levels. The principle of electability of officials of legislative bodies of state power and representative bodies of local self-government, as well as heads of subjects of the Russian Federation is analyzed. The author examines the question of the transformation of the principles of the activities of public authorities from the point of view of the combination of public and private interests realized in the activities of power structures. Particular attention is paid to the principles of maintaining citizens' trust in the actions of the state, the principle of people-saving and the principle of responsibility of authorities to voters (the institution of recall of an elected person). The main conclusions of the study are proposals to consolidate educational qualifications in relation to officials of federal and regional government bodies in the legislation. It seems appropriate to fix the requirement of higher education for persons applying for the positions of head of state, heads of constituent entities of the Russian Federation, as well as deputies of legislative authorities. It is also necessary to create and reflect in the legislation mechanisms for the recall of all elected officials by the population if they are dishonest in the exercise of their powers and do not justify the people's trust entrusted to them. In the context of demographic challenges, it is also advisable to consolidate the principle of saving people in the activities of public authorities.
deputy, responsibility, assignability, electability, principle, public authority, government agency, representative body, feedback, legitimacy