Электронный журнал Юридические исследования - №3 за 2020 г - Содержание, список статей. ISSN: 2409-7136 - Издательство NotaBene
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Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 03/2020
Contents of Issue № 03/2020
Договор и обязательства
Sorokina I. - Estoppel and failure to exercise a right pp. 1-10

DOI:
10.25136/2409-7136.2020.3.32645

Abstract: The subject of this research is legal relations emerging as a result of unlawful, inconsistent and contradictory behavior of one of the parties. As one of the most common version of such behavior cited the temporary failure of one of the sides in the situation to exercise the right, while the other side reasonably relies on permanent failure to exercise the right. The article examines the examples of unlawful irregular and contradictory behavior that can be observed in the general and special parts of the Civil Code of the Russian Federation, as well as Russian case law and legal doctrine. Analysis is conducted on the position of foreign research on estoppel as a principle of law. A conclusion is made that in the Russian law estoppel represents prohibition of unlawful, inconsistent and contradictory behavior, being a private case of prohibition for unscrupulous behavior. Such approach allows applying the rule of “estoppel” to a situation that is not directly designated in legislation, which can be observed in case law. It is substantiated that the rule of “estoppel” is also contained in the Part 3 of the Article 1044 of the Civil Code of the Russian Federation. Correspondingly, this rule is also applied in a case where one of the parties acted without proper right, while the other party reasonably expected its presence.
Authority and management
Korobko K.I. - Activity of the constituent entities of the Russian Federation in the area of traditional medicine: good or harm? pp. 11-24

DOI:
10.25136/2409-7136.2020.3.32339

Abstract: This article analyzes the legal regulation of social relations in the area of traditional medicine on the level of constituent entities of the Russian Federation at the present stage. The author examines the normative legal acts with regards to traditional medicine on the federal and regional levels. A conclusion is made that federal legislation regulates a limited number of questions in the field of traditional medicine; thus legal regulation in this sphere is virtually delegated to the constituent entities of the Russian Federation. At the same time, legislation fundamentally differs from region to region, so is the legal status of the participants of legal relations. The scientific novelty consists in formulated conclusions on the need for amending the current legislation for the purpose of consolidation on the federal level of universal requirements to exercising activity by all subjects of traditional medicine. Such recommendations would allow ensuring unity of legal status of the subjects of legal relations in the area of traditional medicine throughout the Russian Federation.
Договор и обязательства
Egorova O.A. - To the question on “necessary” evidence in consideration of requirements on seeking insurance reimbursement in accordance with an automobile insurance policy pp. 25-35

DOI:
10.25136/2409-7136.2020.3.32395

Abstract: This publication discusses the question on “necessary” evidence assessable by the court in consideration of requirements of the consumer of financial services to insurance company regarding the seeking reimbursement of property damages resulting from an automobile accident. The author examines the question on recognition as “necessary” evidence a decision of a financial officer made after examination of the claim of a financial service consumer on violation of insurance policy obligations by the insurer, as well as materials obtained by the financial officer in examination of such claim. The theoretical research is based on application of the following scientific methods: systemic-structural analysis, synthesis, and comparative-legal analysis. The research substantiates the position that recognition as “necessary” evidence of materials collected by the financial officer in examination of a claim of a consumer of financial services on violation of obligation by a financial organization would contribute to a proper examination of an insurance dispute, as well as meet the goals of the procedural efficiency of the judicial process, since the requirement of these materials from the financial officer by the court will exclude the need for repeated submission of these materials during a hearing.
Aisner L.Y., Sochneva E.N., Chervyakov M.E. - Legal framework for functioning of collaborations pp. 36-47

DOI:
10.25136/2409-7136.2020.3.32438

Abstract: The subject of this research is the legal framework for functioning of collaborations. The object of this research is collaboration as the integration of economic actors for the purpose of achieving peak efficiency.  The authors examine the distinctive characteristics of collaboration and standard organization, since collaborations are the representative of highly intelligent capital, which is efficient if managed properly, or may lead to destructive consequences otherwise. Special attention is given to such question as the impact of legal factors and their role in activity of collaborations. In the course of this research, the authors applied the methods of analysis, synthesis, comparative analogy, logical research, and institutional analysis. The following conclusions were made: - there are fundamental differences between a collaboration and a classical organization, which makes collaboration more flexible and efficient under the current circumstances; - from the legal perspective, collaborations can function in form of unincorporated joint venture. The novelty consists in the original approach towards determination of distinctive characteristics of a collaboration and a standard organization.
Practical law manual
Shleinov A. - Strict civil legal liability in civil law of the Russian Federation on the example of responsibility for inflicted moral distress pp. 48-64

DOI:
10.25136/2409-7136.2020.3.32595

Abstract: The subject of this research is the examination of such civil law institution of the Russian Federation as the “no-fault liability”. Since the question of strict liability in the current doctrine of civil law is quite critical, the author views this problem through the prism of one of the paramount means of protection of the subjective civil law, namely through the prism of responsibility for inflicted moral distress, tracing its evolution throughout the entire history and considering the legislation and case law. The novelty consists in indicating the possibility of bringing to strict civil legal liability for inflicting moral distress. The author demonstrates the presence of strict legal liability within the civil law of the Russian Federation on the example of current Russian legislation. The article provides the doctrinal and legislative examples that prove this point of view. The novelty also consists in determination of presence of the principle of “strict liability: in the Russian civil law, as well as modeling of situations that this principle could be implemented in. The research results are valuable for future development of the Russian legal doctrine and case law.
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