DOI: 10.7256/2454-0595.2019.4.29693

Abstract: The article is devoted to the analysis of particular issues that may arise in the process of legal regulation of carriage-by-sea contracts including termination and elimination of such contracts. The object of the research is the social relations arising in the process of conclusion and termination of carriage-by-sea contracts. The subject of the research is the provisions of maritime and civil law that ensure efficient legal regulation fo relations resulting from carriage-by-sea contracts. Solutions of aforesaid problems must become a priority for Russian legislator and contribute to the development of maritime law. In the course of the research Purge has applied both general research methods (adopted from philosophy and logic) and special law methods that allowed to analyze legal definitions and to make their comparison. The theoretical novelty of the research is caused by the fact that the author analyzes legal provisions and examples of judicial practice of the Russian Federation that regulate relations arising in the process of carrying cargo by sea. The practical novelty of the research is caused by the fact that the author makes particular recommendations on legal regulation of relations arising out of carriage-by-sea contracts concluded in the territory of the Russian Federation. 

DOI: 10.7256/2454-0595.2019.4.29832

Abstract: In this article Kolomytsin analyzes the main issues of enforcement proceedings resulting, first of all, from high social importance of enforcement, its place and role in the Russian law system that has been going through radical transformations lately. Enforcement improvement issues have been under careful attention of legislative, executive, judicial authorities, academic community and individuals who perform law enforcement activity. Today there is much concern about interaction and mutual enrichment of science and practice of enforcement proceedings in the process of improvement of executive proceedings in the Russian Federation. The methodological basis of the research includes general methods such as systems approach, structure analysis, and special methods such as synthesis, analysis and problem-oriented approach. For purposes of better legal regulation of enforcement relations, the author recommends to reform the entire legislation system in the first place and enforcement proceedings in particular, as one whole, eliminating all collisions and gaps. A logical outcome of such research should be codification of legal standards regulating relations that arise in the process of court enforcement procedures, i.e. issuance of the Penal Code of the Russian Federation. There is also the need to analyze opportunity of creation an institution of court proceedings that would work together with courts and fix this institution at the legislative and organizational levels. at the same time, there is no need to change the current model of court enforcement proceedings but preserve the institution of the Federal Bailiff Service, however, re-distribute powers and competences within the service. In other words, the author recommends to create a judicial administrative model of compulsory execution of judicial acts and other documents. 

DOI: 10.7256/2454-0595.2019.4.30200

Abstract: The object of the research is the abuse-of-right phenomenon. The subject of the research is application of regulatory standards that regulate abuse of right used to resolve disputes and complaints concerning internal procurement of goods, works and services. The authors focus on the analysis of law-enforcement practice of Russia's Federal Anti-Monopoly Service that apply provisions of Article 10 of the Civil Code of the Russian Federation in cases unsolvable by direct statutes, of whether it is possible to apply these provisions by other parties besides courts, arbitration courts and referees courts. The methodological basis of the research includes general and special research methods such as analysis, induction, comparison, hermeneutical and legal dormatic analysis. The scientific novelty of the research is caused by the fact that the authors analyze practical implementation of Article 10 of the Civil Code of the Russian Federation by Russia's Federal Anti-Monopoly Service from the point of view of legality and reasonability of such actions as well as their compliance to the definition of abuse of right. The main conclusions of the research are the following: Article 10 of the Civil Code of the Russian Federation is applicable in cases when particular legal provisions of federal laws are violated meanwhile abuse of right lies outside legal provisions and formally does not violate them (and when it does, actions should be qualified as offences). Contents of Article 10 of the Civil Code about 'other form' and 'other measures' create incidents when provisions are applied by unauthorized entities such as Russia's Federal Anti-Monopoly Service. The authors believe it is illegal to apply other consequences of abuse of right not covered by Article 10 of the Civil Code of the Russian Federation, in particular, to charge customer to review applications for participation in internal procurement. 

DOI: 10.7256/2454-0595.2019.4.29911

Abstract: The object of the research is the relations that arise in the process of implementation of National Program 'Digital Economics', in particular, provision of information security in Russia's financial system. The researchers define the role of state financial regulatory authority in implementation of the aforesaid program taking into account special features of such financial regulatory authority's legal status. They also analyze key documents that constitute regulatory mechanisms of information security in Russia's financial and banking systems. The authors describe particular activities of Information Security competence center and prove the need to appoint the Bank of Russia as such competence center. In the course of their research the authors have used general research methods (structural-functional and hermeneutical) and special research methods (formal law and history of law methods). According to the authors, despite a serious constitutional legal status and practical experience in provision of security at financial institutions, National program 'Digital Economics of the Russian Federation' does not use potential of the financial regulatory authority to the full extent, even though objectives to be achieved by the competence center are of state nature and thus should be performed by a competent authority. As a proof and logical outcome of declaring an impmortant role of financial regulatory authority, the government must appoint the Bank of Russia as the competence center for the federal project 'Digital Economics' because this financial regulatory authority has all necessary organizational and legal competences and material resources (FinCERT). 

DOI: 10.7256/2454-0595.2019.4.28011

Abstract: The Customs Code of the Eurasian Economic Union changed the legal regulation procedure in customs affairs including regulation of the customs transit procedure. The author of the article analyzes peculiarities and conditions of the customs transit procedure and concludes that the Federal Law No. 311 of November 27, 2010 'On Customs Regulation in the Russian Federation' is out of date. The law does not harmonize with international standards and regulations (EAEU Codex) and even causes confusion in some cases, particularly when it comes to legal regulation of customs transit procedure. In his research Gudzenko has applied both general and special research metods, mostly comparison and observation. The author also gives a list of legal acts that regulate the customs transit procedure and describes typical features thereof.