DOI: 10.25136/2409-7136.2021.6.35804

Abstract: This article explores the problem of ambiguity of the category “legal work in a commercial organization”. A well-founded, logically accurate conceptual-categorical apparatus is important not only from a scientific perspective, for achieving the practical effectiveness of such activity as well. The authors raise the question on the absence of legislative consolidation of this category. Analysis is conducted on the existing in legal doctrine approaches towards the concept of “legal work” and “legal work in a commercial organization”. The conducted analysis of legislation and legal doctrine on the subject matter allows concluding on the need for distinguishing a narrow and broad approaches towards definition of the concept “legal work in a commercial organization”. In a narrow sense, it is offered to views this concept as a competent legal activity carried out by the expert, legal adviser, or external lawyer for ensuring effective functionality of the mechanism of legal regulation and systematic receipt of profit. In a broad sense, this concept should be viewed as an actual legal work and the activity of all structural departments, under the supervision of legal service, legal adviser or other entity, who can render a competent legal aid. The authors suggest adopting a special federal law that would regulate legal work, obligating the commercial organizations to hire competent legal experts. This would correspond to the trend of professionalization of legal aid, increase the effectiveness of protecting the rights and legitimate interests of organizations, and thus reduce legal nihilism, improve the quality of justice, optimize the burden on public authorities, and ultimately, contribute to observance of the general legal principle of legitimacy in entrepreneurial activity.

DOI: 10.7256/2454-0706.2019.3.29167

Abstract: The subject of this research is the right of a working woman to monthly childcare allowance for children under the age of 1.5 as a vital opportunity in labor sphere, due to unavoidable decrease in work capacity and income with simultaneous increase in household expenses immediately following birth of a child. These circumstances require a special legal protection. The authors examine the relevant issues of passing corresponding legislation, as well as legal doctrine and case law. An original periodization of the stages of legislative consolidation of this right is proposed. The article determines the issues in legal regulation, particularly the inadequate amount of allowance, considering the increase in additional household expenses and temporary inability to work due to maternity leave. The author review the approaches towards finding balance between the interests of employees-insurers, insured parties, insurer and the government. The need for introducing corresponding amendments into the legislation is substantiated.

DOI: 10.7256/2454-0706.2019.3.43222

Abstract: The subject of this research is the right of a working woman to monthly childcare allowance for children under the age of 1.5 as a vital opportunity in labor sphere, due to unavoidable decrease in work capacity and income with simultaneous increase in household expenses immediately following birth of a child. These circumstances require a special legal protection. The authors examine the relevant issues of passing corresponding legislation, as well as legal doctrine and case law. An original periodization of the stages of legislative consolidation of this right is proposed. The article determines the issues in legal regulation, particularly the inadequate amount of allowance, considering the increase in additional household expenses and temporary inability to work due to maternity leave. The author review the approaches towards finding balance between the interests of employees-insurers, insured parties, insurer and the government. The need for introducing corresponding amendments into the legislation is substantiated.

DOI: 10.7256/2454-0706.2018.11.28032

Abstract: The subject of this research is the legal issues associated with utilization of timber acquired in terms of geological exploration of subsoil and mineral resource development. Length of the process of sale of timber, stipulated in the current legislation, leads to decline in its consumer qualities, violation of the sanitary and fire safety regulations in the forests, causing loss of profits for the state. Legal regulation of forestry affairs with regards to the aforementioned issues requires improvement. The authors analyze the current legislation, legal doctrine and case law on disputable questions, as well as the approaches towards finding balance between the public and private interests in regulating the procedure for sale of timber acquired during use of subsoil. The authors substantiate the need for introducing the corresponding changes in forestry legislation and propose excluding mandatory negotiations on utilization of timber. It is suggested to present priority right to the entity using the timber located on the land in correspondence to the Articles 43-36 of the Forestry Code of the Russian Federation of its contractor to sign sale agreements of the timber and forest vegetation without negotiations. The norms will be more flexible and consider the interest of both, state and forest users.

DOI: 10.7256/2454-0706.2018.11.43198

Abstract: The subject of this research is the legal issues associated with utilization of timber acquired in terms of geological exploration of subsoil and mineral resource development. Length of the process of sale of timber, stipulated in the current legislation, leads to decline in its consumer qualities, violation of the sanitary and fire safety regulations in the forests, causing loss of profits for the state. Legal regulation of forestry affairs with regards to the aforementioned issues requires improvement. The authors analyze the current legislation, legal doctrine and case law on disputable questions, as well as the approaches towards finding balance between the public and private interests in regulating the procedure for sale of timber acquired during use of subsoil. The authors substantiate the need for introducing the corresponding changes in forestry legislation and propose excluding mandatory negotiations on utilization of timber. It is suggested to present priority right to the entity using the timber located on the land in correspondence to the Articles 43-36 of the Forestry Code of the Russian Federation of its contractor to sign sale agreements of the timber and forest vegetation without negotiations. The norms will be more flexible and consider the interest of both, state and forest users.