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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 05/2018
Contents of Issue № 05/2018
Questions of current interest
Morkhat P.M. - Smart Contracts and Artificial Intelligence: Civil Right Perspective pp. 1-6

DOI:
10.25136/2409-7136.2018.5.26124

Abstract: The article is devoted to the definition of the term 'smart contract' and how it is used by civil law. The idea of smart contracts was created in 1994 by Nick Szabo who defined it as a computer protocol of transaction that is made to faciliate a performance of a contract. The blockchain is a limited form of a smart contract. Today the technology of distributed ledgers (including bitcoin blockchain) have revived smart contracts and have made them applicable again. Smart contracts is a next step in developing the blockchain technology  allowing an automatic performance of a contract after parties come to agreement. It implies remote, full and quick performance of contractual obligations. In this research Morkhat has used such methods as analysis, comparison, analysis of the history of creation and development of the term, and legal expirement. Smart contracts, in fact, are not that 'smart' in terms of artificial intelligence. Generally speaking, the term 'smart contract' does not necessarily mean attribution to artificial intelligence technologies. However, there are certain points where these technologies interact. Recent findings in the field of crypto currency and smart contracts create new opportunities for using artificial intelligence methods. These economic technologies stand to gain from deeper knowledge and analysis because they will be integrated in everyday trade. Crypto currency and smart contracts can also provide infrastructure for artificial intelligence systems conforming to legal standards and safety regulations as they integrate more and more in a human society. 
Договор и обязательства
Farkhutdinova Y.A. - Peculiarities of Concluding a Public Contract with a Single Supplier, Subcontractor or Performer pp. 7-13

DOI:
10.25136/2409-7136.2018.5.26176

Abstract: The article is devoted to the analysis of Russia's laws that regulate peculiarities of concluding a public contract with a single supplier, subcontractor or performer. In the course of her analysis Farkhutdinova discovers that verbal form of a public contract is allowed; she also describes peculiarities of contract price formulation using a formula or maximum contract price instead of fixed price. The author also describes particularities of contract price formulation in case of a single supplier, subcontractor or performer (individual or physical entity). The author has used practical methods such as analysis and description, theoretical methods of formal and dialectical logic, special research methods such as legal dogmatic method and interpretation of law principles. As the main outcome of the research, the author describes peculiarities of the legal regulation of concluding a public contract with a single supplier, subcontractor or performer as follows: 1. In some cases, public contract for single-source procurement may be concluded verbally; 2. it is allowed to agree on a contract price by setting formula or maximum amount instead of a fixed amount; 3. In all cases of concluding a contract for single-source procurement with a physical entity, a contract price must be reduced by tax payment amount (Part 13 of Article 34 of the Procurement Law) disregarding the fact that Part 15 of Article 34 of the Procurement Law provides an opportunity not to do it. This is explained by the fact that in these legal relations a customer acts as a tax agent of a supplier, contractor or performer. 
Law and order
Shamsutdinov M.M. - Implementation of Measures of Procedural Compulsion in Cases of Economic Crimes pp. 14-28

DOI:
10.25136/2409-7136.2018.5.26277

Abstract: The article is devoted to particular features of the legal regulation of implementation of measures of procedural compulsion in case of economic crimes. The object of the research is the relations arising in the process of selection and application of measures of procedural compulsion to criminal proceeding parties. The subject of the research is the combination of criminal proceeding laws that regulate the procedure for selection and application of measures of procedural compulsion in case of economic crimes, as well as legal views of the Constitutional Court of the Russian Federation and explanation of the Plenum of the Supreme Court of the Russian Federation for particular issues related to application of measures of procedural compulsion in case of economic crimes and scientifically grounded opinions of researchers on the matters under research. In the course of his research Shamsutdinov has used general and special research methods, in particular, dialectical method, analysis, synthesis, structured system approach, comparative law, formal law, statistical method and modelling method. The novelty of the research is caused by the fact that the author carries out an integral research of the entire system of measures of procedural compulsion in case of economic crimes. As a result of the research, the author defines problems resulting from implementation of measures of procedural compulsion in cases of economic crimes. The author also makes a conclusion about the need to improve the existing mechanism of the legal regulation of measures of procedural compulsion as well as suggests to complete the system of measures of procedural compulsion with new and more efficient measures of compulsion. 
Трудовое право
Osina D. - Particularities of the Procedure of Discharging a Head of an Organization As a Result of a Decision Made by a Property Owner of an Organization (the Case Study of Discharging a Municipal Official) pp. 29-38

DOI:
10.25136/2409-7136.2018.5.26177

Abstract: In her article Osina studies the case of discharging a municipal official and analyzes particular features of implementing Article 2 of Clause 278 of the Labour Code of the Russian Federation that regulates the procedure of dismissing a head of an organization as a result of a decision made by a property owner of an organization. Base on the literal interpretation of the provisions of Article 278 of the Labour Code of the Russian Federation, an employer does not have to explain grounds for his or her decision about discharge of an employee. However, actual situations are not so explicit. For this regard, the question about the balance between public and private interests and inadmissibility of abuse of rights and discrimination in the labour sphere based on discretionary authorities of a property owner is emerging full blown. These issues have been focused on by the researcher, as well as a few others. The research was carried out using such methods as analysis, structured system analysis, formal law method and comparative law method. As a result of her research, Osina makes a number of conclusions including the following: 1) an individual who is, on a pro forma basis, runs an organization but does not perform a particular labour function, cannot be regarded as a head for purposes set forth by Clause 2 of Article 278 of the Labour Code of the Russian Federation; 2) a lack of legal clarity of Article 279 of the Labour Code of the Russian Federation causes a situation when an employee may be punished twice for his or her disciplinary violation which, on the one hand, cannot be the cause of discharge but, on the other hand, creates grounds for denial of a compensation; 3) public interests of a municipal unit should be taken into account when discharging a head of an organization (municipal official). However, a comprehensive answer to the question about a particular manner public interests should be taken into account is provided neither by legislation nor judicial practice. 
Questions of current interest
Damm I.A., Basalaeva S.P., Ron'zhina O.V., Tolstikova I.N., Akunchenko E.A., Volkova M.A., Shchedrin - The Conflict of Interests of a Head of Educational Organization in Case of Secondary Employment pp. 39-56

DOI:
10.25136/2409-7136.2018.5.26711

Abstract: The subject of the research is the regulations and laws of the Russian Federation that set forth an order of secondary employment at a higher educational organisation as well as researches, legal acts and law enforcement act devoted to the question of prevention and management of conflicts of interests. The authors focus on cases when a conflict of interests may arise because an individual works as a head of an educational organisation (rector or vice principal) and as a professor (department head) at the same time. In their research the authors have used the dialectical research method as well as structured-system, formal law and other methods of research. The results of the research cast light on the drawbacks of the legal regulation and methodological support of prevention and management of a conflict of interests in cases when an individual works as a head of an educational organisation and department head at the same time. The fact that there are no official explanations or recommendations of the federal authorities regarding the problem as well as contradictory judicial practice prove the importance of such analysis of corruption in social relations in cases of internal secondary employment at a higher education institution. 
Law and order
Sapparov R.R. - The Subject of Crime in Bankruptcy Pursuant to the Criminal Code of the Russian Federation pp. 57-61

DOI:
10.25136/2409-7136.2018.5.26273

Abstract: The article is devoted to the issue of the subject of crime in bankruptcy based on the Criminal Code of the Russian Federation. Sapparov focuses on the analysis of peculiarities of the special subject of crime. He underlines that 1) the criminal law doctrine traditionally has a unified understanding of special features of bankruptcy crime based on the Criminal Code of the Russian Federation; and 2) the theory of criminal law generally demonstrates unsatisfaction with the quality of description of special subject features in bankruptcy based on the Criminal Code of the Russian Federation. In the course of his research the author has used the following research methods: general research methods (induction, deduction, analysis and sythesis) and special research methods (formal law, and sociology methods). As a result of his research, the author makes a conclusion that the Russian criminal law establishes three approaches to the description of feature sof a special subject of bankruptcy crime. These are: reference to a particular list of special subjects of bankruptcy crime; reference to a special subject of crime based on its legally enforced responsibility as a result of bankruptcy; limitation of a list of special subjects of bankruptcy crime according to the law that implies that a wrongdoing may be performed only by a limited scope of people. 
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