DOI: 10.7256/2454-0706.2020.8.33472

Abstract: The object of this research is the definition of the concept of civil responsibility of the board of directors in corporations. The subject of this research is the theoretical positions of different scholars that correlated with the object in question. The author believes that the topic of responsibility of the members of board of directors requires further examination, since case law on this problematic is relatively small, and essence of the topic carries practical, rather than theoretical character. Therefore, special relevance gains definition of the concept of civil responsibility applicable to responsibility of the members of board of directors in corporations. The author offers an original definition of civil responsibility of the members of board of directors in limited liability companies and joint-stock companies; as well as describes financial negative consequences of for violation of responsibilities imposed upon the members of board of directors by corporate legislation and articles of association. A conclusion is made that the definition of responsibility of the members of board of directors is not unique, as in essence similar by content definition can be used with regards to responsibility of any corporate body in the limited liability companies and joint-stock companies respectively.

DOI: 10.7256/2454-0706.2020.8.33009

Abstract: The subject of this research is the general terms of three standard contracts set by International Federation of Consulting Engineers (FIDIC) in 2017 – conditions of contract for engineering, construction and installation works designed by the contractor; conditions of contract for engineering, construction and installation works designed by the employer; conditions of contract for “turnkey projects” and norms of the Federal Law “On contractual system in the sphere of procurement, works, and services for state and municipal needs; as well as bylaws in the area of public procurement and urban development, which regulate the establishment and change of conditions of construction contracts regarding the types and volume of works, their cost and deadline. The novelty of this research consists in the fact that the conditions of standard FIDIC contracts are analyzed in comparison with the current legislation of the Russian Federation on regulation of public procurement. The conducted comparison revealed discrepancies in the legal regimes of contractual relations emerging thereof. The law establishes rigid requirements to agreeing and setting conditions on the source, cost and completion time of works which impede differentiation of the level of their detailing in contract documentation, and thus the creation of a favorable environment for implementation of investment and construction projects. Excessively rigid rules of public procurement legislation pertaining to the changes of contract terms block the action of risk management procedures enshrined in the FIDIC standard contracts. As a result, the parties are not able to respond adequately and promptly to the impact of external and internal factors that affect project environment. A conclusion is made on impossibility of mutually agreed terms of application of FIDIC standard contracts and Russian legislation on public procurement without making substantial amendments to the content of standard contracts.

DOI: 10.7256/2454-0706.2020.8.33119

Abstract: The subject of this research is the legislation and practice of its implementation, as well as the legal doctrine of Russia, Germany and Great Britain on the existing special systems of compensation for damage inflicted to health as a result of work accidents and occupational diseases. The author examines the special systems of restitution for occupational damage that represent starkly different versions of implementation of basic models developed in global practice (Bismarck and Beveridge). Attention is focused on the key issues of compensation for occupational damage using the legal means available in the Russian Federation. Analysis is conducted on the existing foreign experience on the matter. The author’s special contribution to the research of the topic consists in the statement that for establishing balance within the system of restitution for occupational damage it is necessary to clearly demarcate the three types of compensations: guaranteed social security paid from the budget funds in terms of obligations assumed by government  to support vulnerable population groups; obligations in tort recovered from the tortfeasor, considering the grounds and limits of civil liability; insurance payments, which represent partial coverage of inflicted damage based on the terms of insurance contract. The scientific novelty lies in determination of the prospects for improving the national special system of restitution for occupational damage. It is substantiated that in such system the distribution of losses between different types of compensations should be based on the criteria of preferred form of compensation (payment in kind or financial compensation); legal nature of separate elements of reparation (incapacitation, occupational disease, etc.); type of payments (recurring or lump sum), purpose of compensation; calculation of payments.

DOI: 10.7256/2454-0706.2020.8.33251

Abstract: This article makes an attempt of comprehensive analysis of the phenomenon of youth parliamentarism as a structural possibility of involvement of representatives of the  Russian youth in law-making activity. The authors formulate a definition of youth parliament, as well as describe the organizational and legal framework of functionality of youth parliamentary structures. The authors develop a model of systemic assessment of the effectiveness of youth parliamentary structures based on the five key vectors of activity of these institutions: legislative, project, personnel training, and the organization of socially significant events. The need is substantiated for implementing such methodology of assessment and comparison of the effectiveness of activity of youth parliamentary structures in different regions of the Russian Federation for the purpose of determining most successful strategies of fulfillment of their functionality. The novelty of this work consists in the detailed analytical overview of the doctrinal and legal definitions of the youth parliament, as well as in elaboration of practical approach towards assessing the activity of regional youth parliamentary structures. The main result of the conducted research lie in the original (proposed by D. A. Fedotov) procedure for calculating the key performance indicators and efficiency coefficient. It is proven that introduction of universal indicator of youth parliamentary structures would eventually stimulate the development of youth parliamentarism in the Russian Federation. The authors formulate the assessment criteria for each vector of activity of the youth parliamentary structures. The future implementation of the all-Russian rating model would increase the effectiveness and coordination of interaction between the youth parliaments and civil society institutions

DOI: 10.7256/2454-0706.2020.8.33381

Abstract: The subject of this article is the comparison of the legislation of the Russian Federation and the Republic of Kazakhstan with regards to regulation of the establishment and activity of political parties. Multi-party system became a new phenomenon for both countries at the turn of the XXI century, and one of the tasks faced by the states consisted in its proper normative regulation. History of the countries did not provide adequate source material for the establishment of genuine multi-party system. The political parties basically functioned in the atmosphere of legal vacuum, which attached the attributes of chaos to the political life. Despite the common starting point along with the external similarity of party system in Russia and Kazakhstan, the legislation on parties has national specificity. Kazakhstan's legislation at the constitutional level enshrines the importance of parties for public life of the country. The first law on political parties was adopted in 1996, while the effective law has a different conceptual framework – it arguably became the product of evolution of the party system and corresponds with its current state. Russian legislation on political parties has a shorter history, and clearly is in a formative stage, which is testified by a number of amendments made to the corresponding federal law. However, the legislation of both Russia and Kazakhstan has a number of advantages that should be considered in further improvement of the normative legal base, which is especially relevant in a time of political transformation that affected both countries.

DOI: 10.7256/2454-0706.2020.8.33341

Abstract: The object of this research is the public relations in the area of functionality of the trade aggregators online. The subject of this research is the normative legal acts regulating these public relations. A definition is provided to the trade aggregators, with emphasis on the key disadvantages of e-commerce for consumers from the perspective of application of such tools. The author examines foreign experience of legislative regulation of e-commerce, as well as underlines one of the crucial problems in regulation of e-commerce relations consisting in responsibility for the quality of information, published by the seller within the framework of indicated aggregators. As evidenced by practice, online purchase of goods involves various risks and conflict situations, which should be taken into account by all e-commerce participants. It is noted that the activity of aggregators intensify competition in e-commerce. Thus, the author suggest to enshrine a universal definition of Internet aggregators not in the sectoral legislation, but in Law No. 149-FZ of July 27, 2006  “On Information, Information Technologies and Information Protection". Only then would be possible to establish responsibility of the trade aggregators in sectoral legislation (for example, in the area of transportation services, communications, commerce, etc.).

DOI: 10.7256/2454-0706.2020.8.33533

Abstract: The subject of this research is the norms of criminal procedure legislation regulating the application of preventative measures in criminal proceedings, as well as court decisions made on the basis of the results of processing applications on selection of preventative measures. Based examination of law enforcement practice, the expert observations and proposals in scientific literature, the author carefully analyzes the flaws of the current system of preventative measures in the criminal procedure, problematic aspects of correlation of restriction of certain actions, collateral, house arrest, as well as separate restriction, imposition of which upon a suspect (accused) is allowable in accordance with Part 6 of the Article 105.1 of the Criminal Procedure Code of the Russian Federation. The conclusion is made that the current system of preventative measures is not perfect, and practical application of various preventative measures reveals the formality of the established hierarchical structure of preventative measures in the criminal procedure legislation from soft to a more strict form. Analysis of case law demonstrates the it is often impossible to clearly and unambiguously demarcate the measures of prevention on form of a restriction of certain actions and collateral, restriction of certain actions and house arrest, which leads the author to conclude on the reasonableness of regulation of restriction of certain actions as another form of procedural compulsion.

DOI: 10.7256/2454-0706.2020.8.33204

Abstract: This article conducts the analysis of legal regulation of relations between the Kingdom of Spain and the Russian Federation with regards to adoption of Russian children by Spanish citizens. The authors examine the history of development of bilateral Russian-Spanish cooperation; legal normative base, and procedure for the adoption of Russian orphans in the Russian and Spanish legislation. Statistical data is provided on the trends in adoption of Russian orphans by citizens of the Kingdom of Spain. The article employs the following methods of scientific research: historical, comparative-legal, statistical, and systemic analysis. The relevance of the selected topic is substantiated by the fact the for many years Spain demonstrates consistent interest in this question, ranking second among other countries that adopt children from the Russian Federation. At the same time, the legal and bureaucratic framework for realization of Russian-Spanish cooperation in this field requires improvements. The authors conclude that although the number of adopted Russian orphans by Spanish citizens has dropped in recent years, it is necessary to continue cooperation in this field by improving the existing legislation.

DOI: 10.7256/2454-0706.2020.8.33364

Abstract: The subject of this research is the normative legal acts of Russian and international legislation regulating the peculiarities of pension security of the migrant workers . The article outlines the problems of demographic situation in Russia, examines the questions f attracting foreign workforce from the historical perspective, determines the characteristics and provides scientific definition to the concept of "migrant worker", analyzes the legal status of foreign citizens applicable to pension security. Detailed analysis is conducted on intergovernmental agreements that establish the framework for acquisition and reservation of the right of migrants with regards to pension security. Special attention is turned to the case law materials, as well the factors of acquisition of rights to non-contributory pension by migrants in the Russian Federation. The scientific novelty consists in conducting a comprehensive research of legal regulation of pension security of the migrant workers in Russia. The article reveals the transformation of contractual practice of intergovernmental regulation of the questions granting pensions to the migrants, prioritizing the proportional principle of structuring contracts and agreements. The author’s special consists in conducting scientific analysis of the content of the “Pension Agreement for Working Population of the EAEU Member States” of December 20, 2019, which determines the peculiarities of right to pension security, establishes size of payments based on length of employment. The main conclusions consist in the description of several alternatives of regulation of relations in the area of pension security of the migrant workers, depending on the status of foreign citizen, presence of intergovernmental agreement, and their content. Recommendations are formulated on the improvement of the current Federal legislation.

DOI: 10.7256/2454-0706.2020.8.33320

Abstract: The subject of this research is the classification of obligations of property owners in a multi-story building, as well as their maintenance. The need for studying the classification of responsibility of property owners dictated by scientific and practical importance: the disclosure of the content of responsibilities reveals the essence of burden of the content of individual accommodation and shared property in a multi-unit building, as well as the due and socially proper behavior of obliged entities – the property owners. For determining the criteria for classification of obligations of property owners, the author analyzes the provisions of housing and civil legislation. There is no research on the system of obligations of property owners within the science of civil and housing law. For eliminating the theoretical gap, the author attempts to classify the obligations of property owners in a multi-unit building, as well as examine their content. A new perspective upon the classification of obligations based on various criteria is suggested. Special attention is turned to the characteristics of obligations of property owners as a landlord and as a neighbor. The criterion for division of such obligations consists in qualitative characteristic of the status of property owner: owner-landlord and owner-neighbor, and the obligations assigned thereof. The conclusion is made that the owner of accommodation in a multi-unit building is distinguished by care for the property, willingness to contribute economically, and reasonable neighborliness.