Abstract: This article examines the question of determination of the typological affiliation of R. Jhering’s legal understanding, which is associated with the contradictory, antithetical, and often ambiguous interpretation of the character and type of legal worldview of the thinker. One of the significant reasons for various interpretations of Jhering’s legal understanding is the fact that his work was very dynamic, and the manner of presentation of the legal views notable for the substantial stylistic distinction: vast amount of metaphors, frequent textual hyperbolization of separate moments (as for example, struggle form law, state compulsion, etc.). The article reviews the following aspects: key signs of Jhering’s legal understanding, including due to the further development of separate directions of the political legal thought; question of differentiation of law and legislation within Jhering’s legal theory; and formulated by Jhering definition of law. The scientific novelty consists in the conclusion on typologization of Jhering’s legal doctrine as an empirical and sociological juridical positivism, which integrated the original sociological approach to law based on the empirical analytical cognition and interpretation of law, as well as the positivistic interpretation of the role of state recognition of the established by society legal norms.

DOI: 10.7256/2454-0706.2017.4.22626

Abstract: This article focuses on the issue of determining the place for the institution of property right within the Russian system of limited property rights. The author examines systematizations of limited property rights offered by both Russian and German civil doctrines. The articles presents the analysis of the bases for differentiation of these rights into groups, highlighting the most successful criteria adopted to modern circumstances. The work offers a brief historical aspect of development of the category of “limited property right” in the Russian Civil Code. Special attention is given to the analysis of internal content of the construct of right to property. The author formulates a conclusion that the institution of property rights has a hybrid legal nature, and attempts to offer original classification for limited property.

DOI: 10.7256/2454-0706.2017.4.22665

Abstract: This article is dedicated to the analysis of key signs of civil relations with the plurality of persons, which allow delimitation from the adjacent legal phenomena. The author’s goal consists in formation of an integral and comprehensive perception about the aforementioned type of legal relations that is based on unification of the subject, object, and conceptual approach with primacy of the latter. The work examines the nature of the dependence of connection that emerges between the third party and one co-owner from connection existing between the third party and other co-owner. The author resolves the question of correlation between the categories of “plurality of persons” and “co-ownership of civil rights and/or responsibilities”, as well as reviews the broad and restricted approaches towards the definition of civil legal relations with the plurality of persons. The circle of legal phenomena that pertain to civil legal relations, complicated by the co-ownership of rights and/or responsibilities, has been determined. The scientific novelty lies in the thesis that the civil legal relations complicated by co-ownership is considered as a unified, complex legal relations, which represents a system that is formed by the two interconnected and mutually conditioned types of legal relations – internal and external. It is substantiated that the constitutive sign consists in the plurality of persons, while the presence of internal legal relations is between the co-owners (legal relations on co-ownership). The author is first to provide classification of the legal relations on co-ownership of civil rights and/or responsibilities. The following signs of civil legal relations with the plurality of persons are highlighted: complex character, systematicity, inconsistency of the number of parties and participants, co-ownership of civil rights and/or responsibilities, duplication of the object.

DOI: 10.7256/2454-0706.2017.4.22720

Abstract: This work analyzes the existing approaches in civil doctrine towards the definition of legal form taken on by ties between joint parties; studies their legal nature; elucidates the key signs of shared ownership, which distinguish it from other similar legal phenomena. The theoretical importance of the conducted research is justified by the fact that sharing civil rights and/or responsibilities is the key sign of civil legal relations with multiple parties. The legal construct of joint ownership also has great practical significance, including allowing coordination and unification of actions of multiple independent individuals and accumulation of their finances for the purpose achieving single legal result. Based on the conducted research, the author concluded that the legal ties between joint owners represent civil legal relations, which emerges in realization of the shared right and/or responsibilities and has a special legal nature. The author is first to meticulously analyze the structure of joint ownership as civil legal relations.

DOI: 10.7256/2454-0706.2017.4.22914

Abstract: The object of this research is organizational agreements, and its subject is the problems of structuring a system of organizational contracts and their classification. The purpose of this research is to build the system of organizational contracts, a brief description of its structural elements, as well as finding a classification criterion for differentiating organizational contracts. The author paid particular attention to the topical issues of assigning individual civil law treaties to a group of organizational agreements for determining the limits of the organizational contracts system, as well as certain problematic issues of some types of organizational contracts. The methodological basis of the research was formed by both general scientific methods of research (dialectical method, deductive and inductive methods, methods of analysis and synthesis) and special legal methods (system method, comparative legal method, formal legal method). The scope of the organizational contracts system is defined in the work by justifying the fallibility of including in the group of organizational agreements separate service contracts, as well as general contractual structures. The author proposes a detailed system of organizational agreements, analyzing each element. The contracts included in the proposed system of organizational contracts are subdivided into auxiliary and self-sufficient based on the systemic relationship.

DOI: 10.7256/2454-0706.2017.4.22955

Abstract: The subject of this article is the globalization and integration processes, which affect the overall atmosphere of development of China’s investment law. The author believes that globalization is the actual foundation of integration of the modern international economic activity. Integration, in turn, manifests as the highest level of international interaction on the basis of globalization. Due to these processes, there is a need to create a universal multilateral international investment agreement that will be the foundation for the international investment activity, as well as conduce the uniformity in the area of legal regulation of the investment relations. Using the historical, logical, and formal method alongside the comparative legal approach, the author conducts the analysis of development of PRC’s investment law in the context of globalization and integration processes. Based on the examination of development of legal regulation of the WTO’s investment relations and content of the national legal acts of modern China, a conclusion is made that the normative legal acts in the area of investment activity in modern China still has multiple flaws; and thus, it is necessary to carry out major reforms and create a new system of the investment law.

DOI: 10.7256/2454-0706.2017.4.22889

Abstract: The subject of this research is the peculiarities of exercising of preemptive rights in hereditary legal relations. Based on the conducted analysis, the author comes to a conclusion that one of the key aspects of exercising of preemptive rights in hereditary legal relations is the emerging due to the claiming of preemptive rights obligation to pay the indemnity to other parties of inheritance relations. The author criticizes the positions of the Article 1178 of the Civil Code of the Russian Federation that the holder of priority right to inherence the company must stand as a private entrepreneur. The scientific novelty consists in the systemic legal analysis of peculiarities in exercising preemptive rights in hereditary legal relations at present stage, the major of which is the reparation character of exercising of preemptive rights. A conclusion is made on the need for amending the existing legislation. The author believes that for holding the priority right in inheriting the company, a primary criterion lies in the close tie of a heir with the company, as well as his participation in company’s affairs until the death of a testator or other substantial interest in continuation of this company. The author suggests using such criterion and make corresponding changes to the Article 1178 of the Civil Code of the Russian Federation.

DOI: 10.7256/2454-0706.2017.4.22972

Abstract: This article examines the existing system of court institutions of the modern Lebanon, analyzes the realization of judicial authority considering the distinctness of the mixed legal system of Lebanon, as well as identifies the legal issues present in this area and possible ways for their elimination. The author reviews the regular courts that include civil and criminal courts; administrative court that is represented in Lebanon by the State Council; political court, the jurisdiction of which is realized by the Supreme Council; constitutional council; military court; religious courts, and special courts that can render judgments on the exclusive basis. A conclusion is made that inefficiency of the Lebanese acting system of courts can be explained by the following aspects: absence of proper education of judicial personnel; vulnerable economy that leads to the insufficient fund for hiring the technical personnel and judges; lack of computerized support; absence of the institution of judicial mediation and institution deal-making with the justice department in criminal cases, etc.

DOI: 10.7256/2454-0706.2017.4.20584

Abstract: The subject of this research is the separate constitutional legal aspects of implementation of the proportional electoral system at municipal elections. An acute discussion takes place within the academic community regarding the questions of foundation, circumstances, and limits of application of the aforementioned electoral system at local level, the participants of which hold diametrically opposed points of view. At times, there is doubt the very possibility of implementation of such electoral system at local level due to its probable discordance with the character of local self-governance, as well as inability to accommodate within the framework of representative body the maximally possible range of interests of the local society. At the same time changes in legislative base, which regulates the order of application of the proportional electoral system at local elections that took place over the recent years, carried the pronounced multidirectional character that often does not have a sufficient conceptual substantiation. The article provides a brief overview of the process of establishment of the proportional electoral system as a channel for formation of public authority at the local level; gives characteristic to its modern status; as well as analyzes the legislative base alongside corresponding legal positions of the Constitutional Court of the Russian Federation. The main conclusion of this work consists in the formulated criteria that are based on the legal positions of the Constitutional Court of the Russian Federation, and determine the admissibility of implementation of the proportional electoral system at the local level, as well as possible directions and specific measures aimed at improving the Russian model of application of proportional electoral system at the municipal elections.

DOI: 10.7256/2454-0706.2017.4.22478

Abstract: cThe article examines the role of constitutional (charter) courts of the subjects of the Russian Federation in the constitutional-legal support of the unity and territorial integrity of the Russian Federation as basic constitutional values. The work has been made with the use of the following methods: analysis, synthesis, system approach, formal and comparative legal method, and model building. The author draws a conclusion about the inferiority of constitutional (charter) courts as subjects of ensuring previously mentioned values. The courts primarily provide values that are associated with regional interests, while they are capable of damaging the unity and territorial integrity of the Russian Federation. The author proposes three ways of solving present-day problems and filling the gaps of the legal regulation of the constitutional control in our country.

DOI: 10.7256/2454-0706.2017.4.22654

Abstract: This article is dedicated to the examination of political legal phenomenon of lobbying and corruption lobbying, as well as possible measures against corruption lobbying. The object of this research is the public relations established in the area of interaction between society, citizens, and state regarding the promotion of the normative legal acts in the government authority agencies and local self-governance. The subject of this research is the current Russian and foreign legislation. The article analyzes the doctrinal definitions of lobbying, suggests the original interpretation of lobbying and corruption lobbying as well as substantiates the need for legislative consolidation of such definition in the Russian legal system. Special attention is given to the national criminal legal ways of counteracting corruption lobbying alongside the examination of foreign experience in this field. The scientific novelty consists in formulation and proposition of the positions on improving legislation in the area of prevention of the corruption lobbying. The author suggests consolidating the separate compositions of crime – “Receiving a bribe by a deputy of State Duma of the Russian Federation, deputy of the representative branch of local self-governance”; “Giving a bribe to deputy of State Duma of the Russian Federation, deputy of the representative body of government authority of a constituent of the Russian Federation, deputy of the representative branch of local self-governance”.

DOI: 10.7256/2454-0706.2017.4.22725

Abstract: This research is dedicated to legal regulation of the sphere of private interests preserved in the conditions of legal regime of the martial law. Comparative analysis demonstrates the need for protecting the private sphere of public relations in terms of the market economy, and primarily private property. Shifting the restrictive measures that existed in Soviet legislation onto the current reality is not fully possible due to the obligation to protect the interests of private sphere of social life, which has not been acknowledged in Soviet State. Examination of stipulated by the federal constitutional law “On Martial Law” limitations of economic rights of the citizens and legal entities, demonstrates its imperfection in part of reimbursement of cost of property value to the owners, compensation of losses to the employers in involving of their employees in other jobs, etc. Search for the balance between public and private law in the conditions of martial law allowed formulating the principle of proportionality in limitation of rights that imposes the inadmissibility of excessive legislative limitation of private sphere by establishing the boundaries of “interference” within it under various possible options of development of an armed conflict. The author underlines the need for determination the types of restrictive measures in various circumstances of an armed conflict, as well as identifies the gaps and collisions in legal regulation of the martial law.

DOI: 10.7256/2454-0706.2017.4.23007

Abstract: This article is dedicated to the aspects of legal status of people as subject of public authority in logic of the Russian Constitution. The author examines the questions of structure of such status, possibilities and grounds for limitations (boundaries) in realization of authority directly by people, including in the context of referendum, determination of personal composition of the government authority agencies, and correlation of various forms of direct democracy. The article analyzes the constitutional positions, practice of the Constitutional Court of the Russian Federation pertaining to the boundaries of realization of authority by people. Attention is turned to the corresponding norms of the constitutions of foreign states. The author comes to a conclusion that the efficient realization of the constitutionally specified goals of public authority that requires a careful adjustment of its mechanism does not exclude certain level of self-restraint of people in realization of authority in one or another form (including directly). At the same time, for the conclusion on presence of corresponding limitations, it is necessary to establish concrete constitutional legal bases. In worst case scenario, the constitutional organizational principle of the Russian State – status of people as the sole source of authority – is practically refuted.

DOI: 10.7256/2454-0706.2017.4.22324

Abstract: The subject of this research is the question of influence of the Russian parliamentarism upon the state’s foreign policy over the period of 1905-1917. The article provides approaches of the scholars, as well as characterizes the key stages of evolution of the Russian parliamentarism in the context of impact upon the state’s foreign policy. The author demonstrates the examples and mechanism of participation of the State Council and State Duma in the country’s foreign affairs; reveals the peculiarities of establishment and social compositions of the two chambers of parliament; and analyzes the specificity of impact of the Russian representative authority upon the state’s foreign policy mechanism. It is noted that the emergence of representative authority, reforms in the Council of Ministers, expansion of civil and political freedoms have significantly complicated the process of functionality of the Russian foreign policy mechanism by creating the indirect instruments of influence upon the state’s foreign policy. The author underlines the rapid growth of interest of the Russian society towards the questions of foreign policy, as well as noticeable empowerment of public opinion regarding the formulation and adoption of decisions in the area of foreign policy.

DOI: 10.7256/2454-0706.2017.4.22376

Abstract: The subject of this article is the examination of positions of a contract on realization of the rights of members of associations regarding acquisition or alienation of shares at certain value or circumstances, as well as refraining from such alienation until arrival of certain circumstances. In addition, within the framework of this publication, the author pursues correlation between the conditions on acquisition or alienation of shares and peculiarities of the status of public and private corporations. The author determines the key goals in determination of conditions associated with acquisition or alienation of shares, as well as refraining from such alienation: 1) Resolution of corporate conflicts; ensuring of realization of corporate rights for achieving of goal of a contract and continuation of realization of action on achieving of a set goal; 2) Preservation of the “pool” of shares held by the parties of a contract for participation and voting at general meeting of shareholders.