DOI: 10.7256/2454-0706.2020.7.33072

Abstract: The subject of this article is the approaches towards legal nature of mergers and acquisitions. The goal consists in determination of the role of this phenomenon among the established within national legal system forms of organization of legal entities. Alongside the general scientific methods, the author also applies the methods of materialistic philosophy and formal logics, as well as interpretation and comparative jurisprudence. A conclusion is made that the characteristics of mergers and acquisitions exceptionally through the national forms of reorganization appears to be inadequate for determination of the role of this phenomenon. The article analyzes not only the doctrinal works, but also the provisions of foreign legislation that can be useful for the Russian Federation. Reference to the context of civil legal literature, as well as consideration of logical-philosophical, theoretical-legal and civil-legal representations allowed demonstrating an original view upon the subject in question, propose the grounds for substantiation or stipulation such construct. The main conclusion of the conducted research is the fact that the established in Russia understanding of reorganization cannot qualify for the methodological foundation for the more complete mergers and acquisitions. The analysis of foreign experience demonstrates that the common for Russia forms of reorganization can be regulated similarly to other phenomena, which has never been recognized as reorganization in Russia. The obtained results may be used in legislative and expert activity, as well as further theoretical and legal research.

DOI: 10.7256/2454-0706.2020.7.33176

Abstract: The subject of this research is the legal and moral-ethical framework of euthanasia (“a good death”) in such BRICS countries as Brazil, Russia and China from the perspective of analysis of the current regulatory and other acts and documents, doctrine, opinions of legal and medical experts, who provide pros and cons of such measure as euthanasia. The raised questions are viewed and analyzed from the position of an alternative to the previously researched aspects of therapeutic cloning, bioprinting (3D printing), growing organs and tissue that are developed and implemented in the context of the idea “No One Should Die”. The scientific novelty of this work is substantiated by articulation of the problem (examination from the perspective of law and moral-ethical perceptions), choice of countries (BRICS member-states), and analysis of the most recent materials (for example, Law of the People's Republic of China “On Basic Healthcare and Health Promotion” passed on December 28, 2019 (effected on June 1, 2020); Resolution of the Ministry of Health of Brazil of October 31, 2018 No.41 “On Recommendation for Organization of Palliative Care within the framework of Help Provided Through Unified Healthcare System”), and earlier, but also relevant acts and documents (Law of the Russian Federation of November 21, 2011 No. 323-FZ “On the Basis of Health Protection of Citizens in the Russian Federation”, amended on April 34, 2020, etc.). A conclusion is made that euthanasia could be only active and voluntary, when a decision is made by a person with incurable disease, of sound mind, who comprehends the actions and their consequences.

DOI: 10.7256/2454-0706.2020.7.33150

Abstract: The subject of this research is the concept, characteristics and interrelation of contracts in the area of air transportation. The article is dedication to understanding of legal nature and key elements of air contracts, specificity of their theoretical and practical application, classification; as well as aimed at creation of integral concept of regulatory system. Such understanding is acquired from a broad context of civil law literature and case law. Reference to the provisions of civil law doctrine allowed presenting an original view upon the subject matter, and propose recommendations on the improvement of aviation legislation. The main conclusion consists in the fact that civil law regulation of contracts in the area of air transportation is characterized by the existence of special contracts with peculiar features, which define the content of aviation legislation. With regards to each contractual construct, there emerge various question not only from the perspective of legal regulation and law enforcement (overbooking in the contract of air transportation of passengers), but also scientific approaches toward determination of the concept and nature of a particular contract (qualification of the shipping agreement as a bilateral or multilateral, legal nature of the shipping agreement for air cargo). The absence of universal understanding and interpretation of concept, contradiction of legislation, existence of legal gaps do not contribute to uniformity of aviation legislation, making it complicated for studying and application. The author also reviewed draft laws on regulation of air transportation and separate clauses thereof. Presented analysis reflects only few problematic aspects in the area of air transportation. The acquired results can be used in theoretical legal research, as well as legislative and practical activities.

DOI: 10.7256/2454-0706.2020.7.33497

Abstract: This article analyzes the investment legislation of the Russian Federation and the United States. The subject of this research is the specific normative legal acts regulating direct foreign investments in the indicated countries, while the object is the relations emerging in the process of foreign investment activity.  The author provides the examples of various factors in the area of foreign investment for the purpose of their comparison and determination of specificity of their practical implementation. The reference to doctrinal sources allowed to clearer explain the author’s position of the topic. The scientific novelty and relevance of this work are substantiated by examination of investment activity, which greatly impacts the economy of modern countries. The author’s special contribution lies in studying the experience of U. S. legislation with regards to direct foreign investments. The main conclusion consists in the fact that both jurisdictions have a well-developed mechanism for regulating investment relations, as well as both countries feature a number of restrictions that can face a foreign investor. The need for improvement of Russian legislation is underlined. The acquired results can be used in legislative and expert activity, as well as in further theoretical-legal research.

DOI: 10.7256/2454-0706.2020.7.33218

Abstract: The subject of this research is the changes in the Russian social security legislation during the spread of new COVID-19 infection. The article examines the transformation of material legal relations associate with granting allowance for temporary incapacity for work, unemployment compensations, lump-sum payments and monthly payments to families with children. The author meticulously analyzes the questions of legal regulation of the additional compensations to various categories of citizens, established by the normative legal acts of the constituent entities of the Russian Federation. Special attention is paid to the implementation of distance interaction of citizens with the social security bodies of the Russian Federation, as well as the possibility to render assistance without the need to apply. The scientific novelty of this work consists in the comprehensive research of the dynamics of social security legislation aimed at neutralization of negative consequences of proliferation of the new COVID-19 infection and maintenance of the level of well-being of the citizens. The author’s special contribution lies in determination and analysis of the grounds for granting social security at the time of pandemics, as well as changes in the size of compensations. The conclusion is made on underutilization of resources of the compulsory social insurance, which led to the need for implementation of a set of new measures on social security of the citizens on the federal and regional levels.

DOI: 10.7256/2454-0706.2020.7.33391

Abstract: The subject of this research is the structural characteristics of the Constitution of the Russian Federation from the perspective of cross-disciplinary institutional approach. The author describes the peculiarities of application of institutional and neo-institutional methods of analysis in political science and jurisprudence. Two main vectors in application of methodology of institutional analysis in the constitutional-legal research are proposed: internal constitutional analysis of the branch of Russia’s constitutional law; and external institutional analysis, the object field of which includes interaction of the constitution with external environment of public authority and public policy. The author provides arguments for existence of institutional imbalance in the Constitution of the Russian Federation, which is substantiated by historical conditions and complexity of the state structure. Scientific novelty of the article is defined by application of cross-disciplinary methodology of institutional analysis towards studying structural specificity of the Constitution of the Russian Federation. Peculiarities of implementation of institutional analysis in political scientific and constitutional-legal research are revealed, which opens a new perspective upon correlation between various constitutional norms and institutions contained in the main law of Russia. The examples of institutional imbalance of the Constitution of the Russian Federation are demonstrated: a qualitatively and quantitatively complex model of federative structure; recognition by the Constitution of limited sovereignty of the republics as the constituent entities of the Russian Federation; entrenchment of a broad list of constitutional rights and freedoms without elaboration of the more effective mechanism of their implementation; imbalance between the rights and responsibilities; division of powers between central government and regional governments; absence of sufficient guaranteed of the system of local self-governance, etc. It is noted that to a certain extent, the ongoing constitutional reform eliminates the institutional imbalance of the Constitution of the Russian Federation, and the work in this direction should be continued.  

DOI: 10.7256/2454-0706.2020.7.32962

Abstract: The object of this research is the question of criminal liability of a legal entity for corruption crimes. The subject of this research is the theoretical views of the scholars upon legal nature of a legal entity, as well as the experience of foreign countries in which legal entity is a subject of criminal liability. The author explores the field experience of foreign countries, in which legislation establishes the institution of collective liability for socially dangerous acts committed by private entities. The article also analyzes different perspectives of Russian scholars upon the nature of collective institution and its vicarious liability for the acts of private entities. The scientific novelty consists in turning attention to the fundamentals of the theory and other branches of law, in which a legal entity is full subject of legal relations, and along with the rights and responsibilities, possesses a tort law’s capacity. It is concluded that legal entity has all essential characteristics of the subject of law for its recognition as a subject of criminal liability. The author also notes the effectiveness and necessity of the institution of legal liability of a legal entity in the national legislation as a productive criminal law instrument for countering corruption.  

DOI: 10.7256/2454-0706.2020.7.33203

Abstract: This article is dedicated to the question of regionalization. The authors note that regions begin to play a more important role in the local and global political processes. Special attention is given to the “old” and “new” regionalism. The application of comparative method alongside the method of analysis and synthesis allowed determining the characteristic features of the two types of regionalism. If the “old” regionalism suggests a complicated system of relationships on different levels, partial transfer of state sovereignty, the peculiarities of “new” regionalism include the rejection of bureaucratic supranational institutions, equality of participants, and opportunity to be a member of other organizations. The article also describes the attributed to Russian and Near Eastern regionalisms. The problem of choosing the model of Russian regionalism is determined by the need for development of such value within the political culture as federalism. Despite repeated attempts, Near Eastern regionalism remains underdeveloped, which is substantiated by the simmering conflicts, ongoing wars, as well as external interference to the domestic affairs of other states. The scientific novelty consists in the comprehensive coverage of theoretical aspects of regionalism and comparison of its types. The authors conclude that the potential of “new” regionalism should be used for settlement the issues of regional (growing into global) character.

DOI: 10.7256/2454-0706.2020.7.32822

Abstract: The object of this research is the public relations arising when the prosecutor is involved in court hearing of civil cases by intervening into a case for delivering an opinion in the appellate, cassation and supervisory bodies, as well as problematic aspects of the application of his powers to deliver an opinion in the aforementioned bodies. The subject of this research is the materials of prosecutorial law enforcement and judicial practice, norms of civil procedural legislation of the Russian Federation that regulation these public relations, as well as positions formulated on the matter. Despite the fact, that the scientific literature paid attention to the separate aspects of submission of prosecutorial decision, the questions of submission of prosecutorial decision in the retrial of civil cases did not receive due coverage. Such situation led to a contradictory approach towards the question on possibility of delivering an opinion by the prosecutor in retrial of civil cases in the theory and case law. Therefore, based on the conducted research, the author makes recommendation with regards to exercising prosecutorial powers in submission of decision in retrial of civil cases by the courts, as well as the changes in current legislation that would bring certainty into these legal relations and contribute to elimination of the emerged contradictions.

DOI: 10.7256/2454-0706.2020.7.32776

Abstract: The subject of this research is the constitutional human rights and freedoms in the Russian Federation. The goal is to substantiate their most rational classification for application in human rights advocacy of the Commissioner for Human Rights of the Russian Federation. The author conducts the analysis of these rights and freedoms, as well as underlines the need for their classification for the purpose of application by the Commissioner for Human Rights of the Russian Federation. Various approaches within modern national legal literature towards such classification. The author also presents an original approach based on the quantitative criterion – degree of perception of rights and freedoms by population of the country. The proposed new classification significantly differs from the officially accepted in its commitment to results of human rights advocacy of the for Human Rights of the Russian Federation.

DOI: 10.7256/2454-0706.2020.7.32354

Abstract: Currently, the question of transformation of government institutions, including through the change of Constitution, is of primary importance on the political agenda. The subject of this research is the proposals of political parties on modernization of state structure and reform of the federal branches of government. The object of this research is the election programs of political parties on the elections to the State Duma of the Federal Assembly of the Russian Federation in 2011 and 2016. The author examines the ideas of party actors regarding modernization in the sphere of public administration, attitude of the parties towards modification of powers of the federal branches of government, relationship format between the center and the federal subjects, strengthening of social control over government. Despite the critical approach of political parties, they did not suggest any integrated projects on modernization of the system, but rather expressed disparate opinion. Part of the proposals pertinent to the reforms of public administration were of populist nature and did not have a mechanism for their implementation. Most specific and realizable initiatives were associated with restoration of the previously existing norms. The parties made various proposals on the question problem of administrative and territorial structure of the country, demonstrating a range of approaches from strong decentralization to unitary state. It is assumed that the question of modernization of state structure will remain on the agenda in the next electoral cycle. However, the integrated approach most likely will not be demonstrated. Reforms of the Federal Assembly and judicial system will continue to be the key vectors of political discourse.

DOI: 10.7256/2454-0706.2020.7.33045

Abstract: This article represents a brief overview of the teaching of Austrian medical scholar and natural scientist Franz Joseph Gall (1758-1828) on human anthropology and psychology. Soviet science viewed Gall as a creator of pseudoscience of phrenology, although in prerevolutionary period, he received mostly complimentary assessment. For example, the prominent Russian criminalist D. A. Dril called Gall a “father of criminal anthropology”. In order to determine the objectivity of such assessments, the author attempted to distill the essence of Gall’s doctrine and assess his conclusions regarding the formation of such branch of criminology as criminal anthropology. The research methodology is based on the analysis of monograph works of F. J. Gall and subsequent summarization of the key theses of psychophysiological doctrine of Austrian scholar. In his works, Gall substantiated the ides that the moral qualities and intellectual abilities are innate, and their manifestation depends on the organization of the brain, which is the organ of all propensities and aptitudes. In his opinion, different parts of brain are responsible for completely different functions. The author concludes that the widespread in Soviet science interpretation of the role of Gall in the area of phrenology is inadequate to reality. Firstly, Gall never attributed any special merits to himself pertaining to studying connection between the form of human skull and peculiarities of his psyche and intellect; and secondly, not disputing the existence of such connection, he however, did not establish any strong patterns.