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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 05/2018
This issue is currently being formed. All articles presented on this page have already been included in this issue, are considered published, and will remain unchanged in the final version of the issue along with other metadata of the articles.
Учредитель: Даниленко Василий Иванович, w.danilenko@nbpublish.com
Главный редактор: Даниленко Денис Васильевич, доктор права (Франция), danilenko_d@mail.ru
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. 
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