DOI: 10.7256/2454-0765.2018.4.29564

Abstract: The object of the research is the role of the Bank of Development as a financial monitoring agent and specific activities of Vnesheconombank including operations complementary to banking operations, the latter being the matter of financial monitoring. The subject of the research is the mechanism of inclusion of the Bank of Development into the system of actors that perform financial monitoring. In his research Gladkikh analyzes the performance of legislative rules and regulations by Vnesheconombank applicable in relation to actors of financial monitoring. The author focuses on the analysis of an uncertain role of Vnesheconombank regulatory authority in the system of financial monitoring. Within the framework of the research, the author has applied methods of analysis and analogy as well as systems approach. The main conclusion of the research is that there are certain legal defects in the current system of legal regulation of the Bank of Development's activity as a financial monitoring agent, in particular, excessiveness of reference standards which, in their turn, do not give a clear idea of the vertical of state control in relation to Vnesheconombank in this sphere. 

DOI: 10.7256/2454-0765.2018.4.16709

Abstract: The author of this article discusses the public private partnership based on the example of the Republic of Mordovia . The use of public private partnership (PPP) is necessary for effective solutions of federal objectives aimed at the development of infrastructure and national projects. In addition, PPP provides new opportunities for the development of private businesses and alternative to privatization of state objects that seem unattractive from the economic point of view. These state objects include municipal health, education and culture units. Definition and mechanism of PPP are fixed in the Federal Law of the Russian Federation No. 224 of July 13, 2015 On State Private Partnership and Municipal Private Partnership in the Russian Federation and Amendments to Particular Russian Federation Laws. State private partnership. 

DOI: 10.7256/2454-0765.2018.4.30490

Abstract: The subject of the research is the peculiarities of participation of government in business risk insurance caused by public interests. In some cases, this refers to a special category of insurers, which is proved by national expert credit agents (ESKAR, Sace (Italy), Coface (France), CESCE (Spain) and etc., in other cases this refers to support through subsidies. Both variants are widely practiced by economically developed countries. The methodological basis of the research includes a set of general research methods (dialectical method, analysis and synthesis) and special rsearch methods (formal law method). Participation of the government in business risk insurance is a common practice in cases when such risks are not viewed as commercial, thus left uncovered by usual insurance programs or insurance expenses are not allowable for entrepreneurs but they still need insurance due to potential threats and risks. In such cases, the government, in fact, ensures economic stability and encourages entrepreneurs to perform particular activities. 

DOI: 10.7256/2454-0765.2018.4.30392

Abstract: The object of the research is the activity of Islamic banks within the territory of Eurasian Economic Union. The subject of the research is the provisions of the banking law that fix the basis for financial activity taking into account the Islamic principles. The informational background of the research includes provisions of the banking law of the EEU states and statistical data of the International Monetary Fund. The researcher focuses on the experience of the Republic of Kazakhstan which legal basis creates suffician conditions for Islamic banking activity. The author of the article also provides the results of his analysis of the legal peculiarities of investment deposit and Islamic mortgage contracts. In the course of the research the author has applied general research methods of analysis and synthesis as well as special methods of law science such as formal law and comparative law methods. Based on the results of the research, the author concludes that the demand for Islamic banking service depends on the size of Islamic population. The Republic of Kazakhstan holds the leading position with regard to the level of the legal base development. Concerning the Russian Federation, the researcher proves the need in carrying out a legal experiment and creating Islamic banks in the RF constituents with a high degree of Muslim population. 

DOI: 10.7256/2454-0765.2018.4.30460

Abstract: The subject of the research is insurance contracts concluded in the process of bank crediting which has been evident through court decisions. Considering that the growth of Russian insurance market has been caused mostly by banking services, there is a question about what causes this phenomenon which is so much disliked by borrowers (who, in fact, act as insurers). The methodological basis of the research includes general research methods (dialectical method, analysis and synthesis) and specific research methods (formal law analysis). As a result of court practice analysis, the author defines a tendency towards development of special legal mechanisms of financial loss reduction which may be caused by termination of insurance contract by borrower both during the cooling period and after expiration of the contract. The author also demonstrates that there is unfair practice in insurance for bank crediting resulting from determination of a wrong status of borrower in the insurance contract, unreasonably high commission payment for bank and administrative expenses as well as refusal to return part of the insurance premium in case of early coverage of credit. At the same time, the researcher also shows that there are certain legal positions that defend interests of borrower as a 'weaker' party which becomes possible as a result of unfair contract conditions. 

DOI: 10.7256/2454-0765.2018.4.29999

Abstract: The article is devoted to comparative analysis of reinbursement systems used by the foreign states to compensate for injury. The aim of the research is to find promising areas for developing Russian laws, judicial practice and doctrine by using the experience of the foreign states. The subject of the research is the legislation and judicial practice as well as legal doctrines of Italy, Germany and Great Britain. The author uses the experience of the foreign states that have developed different approaches to defining the volume and nature of injury reimbursement. The methodological basis of the research is general philosophical (materialistic and dialectical), general research (logical, structured systemic, axeological), specific scientific (hermeneutical analysis and strategic assessment method) and special research methods (structural legal, comparative legal and formal legal methods). The author demonstrates that despite differences in their laws, Italy, Germany and Great Britain determine the size of income lost based on a combination factors and quite often do not require the proof of actual loss, neither they demand that an individual is deprived of a right for free health care. Thus, the 'non-material loss' doctrine is not limited to evaluation of moral and physical suffering of an individual but is aimed at returning an individual to the position he or she was in before the right was violated. The scientific novelty of the research is caused by the fact that the author describes prospects for improving Russian law and legal practice including a shift away from a traditional definition of non-material harm viewed mostly as moral suffering resulting from injury; substantiation of the need in integral assessment of lost capabilities and increased physical needs as a result of injury; refusal from the criterion 'no right for free health care' and adoption of the criterion of reasonable loss based on integral assessment of injury consequences.