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MAIN PAGE > Journal "Legal Studies" > Rubric "Questions of current interest"
Questions of current interest
kozhevnikov o.a. - Disputable issues of formation of judicial practice in the field of protection of competition by the Supreme Court of the Russian Federation pp. 1-8

DOI:
10.7256/2409-7136.2016.5.18940

Abstract: The research subject is the analysis of legislation interpretation by the Supreme Court of the Russian Federation for the purpose of ensuring the legality regime in the Russian Federation by means of maintaining the unanimity of interpretation and application of legal provisions by courts. The author analyzes the judicial practice of the Supreme Court and the Constitutional Court of the Russian Federation. The article studies the issues of correspondence of judicial practices of the Supreme and the Constitutional Courts using the example of protection of competition and antimonopoly legislation. The author applies general and special scientific research methods, including the historical-legal, the system, the comparative-legal, the statistical, the formal-logical and other methods. The author reveals disputable issues of the interpretation of judicial practice in protection of competition by the Supreme Court. The author supposes that the development and introduction of interpretations of the Supreme Court in the judicial practice should be more accurate, in order to avoid the formation of a contradictory practice by the subordinate courts ignoring legal positions of the Constitutional Court of the Russian Federation. 
Kuznetsova N.G. - Legal Status of the Aggregator of Information about Goods (Services, Works, Digital Content) and its Pre-Contractual Duties pp. 1-15

DOI:
10.25136/2409-7136.2018.3.25508

Abstract: The article is devoted to the problem of the legal status of the aggregator of information about goods (services, works, digital content). The author of the article examines the draft law and amendments thereto that regulate the definition of the aggregator of information about goods (services), its pre-contractual duties and responsibility before consumers. The author also focuses on the role of the aggregator at the pre-contractual stage. The author analyzes whether it is possible to impose other pre-contractual duties on aggregators such as submission of necessary information and the degree of their responsibility before consumers. In her research Kuznetsova uses such methods of research as analysis and synthesis, induction and deduction, formal law method, analysis and generalization of legal materials, and legal forecasting. The author of the article gives a fuller definition of the aggregator as it is set forth by the draft law and extends the scope of the activity of aggregators so that the scope includes not only goods and services but also works and digital content. In the course of her research Kuznetsova analyzes the experience of the foreign states, in particular, that of the European Union. The author offers a list of pre-contractual duties beared by the aggregator before consumers. These duties regulate the right of consumers to information protection as well as the degree of responsibility of the aggregator. The author also gives recommendations regulating the activity of the aggregator of information about goods (services, works, digital content) at the pre-contractual stage.
Morkhat P.M. - Concerning the Question about the Legal Personality of Electronic Person pp. 1-8

DOI:
10.25136/2409-7136.2018.4.25647

Abstract: The subject of the research is the analysis of the legal personality of a new entity, electronic person. Morkhat provides current definitions of electronic person including those offered by the foreign scientists. The author of the article underlines the importance of developing the Russian law that would regulate the electronic person (artificial intellect) issue. The author analyzes the legal consolidation of The Commission of the European Parliament for Civil Regulation in the Field of Robotechnics. Indeed, we should not forget about the risks when we encourage the development of the human civilization through the means of technical regulation and try to create robots with artificial intellect that would serve the humanity. In this research Morkhat has used the method of materialist dialectic, structured system analysis, functional analysis, comparison, formal logic, comparative law, technical law and logical method. According to theauthor, growing independence of robots with artificial intellect would require to review a whole range of reference legal structures and even reference branches or institutions of law (legal responsibility regime, taxation regime, regulation of accountability and reporting, regulation of intellecltual property rights, e-commerce regime or so called trade bots, electronic person protection regime, etc.).
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. 
Den D. - Application of Anti-Dumping Measures That May Be Needed in the Process of Organizing Tenders for State and Municipal Needs pp. 1-8

DOI:
10.25136/2409-7136.2018.8.26837

Abstract: The present article is devoted to the analysis of legal and economic reasons of unbiased reduction of the initial contract price by tender participants. The object of the research is the social relations that may arise during application of security measures in the process of establishing agreements between participants in order to conclude a civil law contract for the interests of public-law entities. The subject of the research is the standards that regulate the procedure for applying anti-dumping measures during auctions and tenders organized for state and municipal needs. The methodological basis of the research implies a set of general and special research methods. In the course of the research the author has applied the dialectical method, systems approach and comparative law method. The author concludes that dumping is the mean of unfair competition of state procurement participants. The author carries out an analysis of law enforcement practice of the Federal Antimonopoly Service of Russia that relates to violations of laws regulating the procedure of application of anti-dumping measures during tenders. As a conclusion of the research, the author makes legal and technical recommendations that may allow to avoid unbiased decrease of initial price by dishonest suppliers. 
Savoskin A.V., Romanov A.N. - Recognition of juridical persons subjects of the constitutional right to appeal pp. 8-13

DOI:
10.25136/2409-7136.2018.6.18764

Abstract: This article analyzes the amendments to the Federal Law "On the order of consideration of citizens of the Russian Federation", to set the rules of legal entities refer to the bodies of state power and local self-government. The role of the Constitutional Court in giving organizations the constitutional right to an appeal. The reasons for the establishment of the existing two-part complex regulatory structure "treatment of citizens' associations, including legal persons", as well as studied the problems of its use. Analyzed foreign legislation subject to the legislation on the organization of appeals.The publication has been prepared on the basis of general scientific dialectical method. Special methods used in the preparation of the publication, are: system-structural, formal and legal, logical and comparative law.The study found that the change in the Federal Law "On the order of consideration of applications of citizens of the Russian Federation" was of the forced nature and were carried out without proper scientific justification, resulting in the law were unrevealed concept and features of the organization as a subject of the constitutional right to an appeal. The paper proposes to establish normative definition of treatment will of the organization as an association of citizens or legal persons set out in writing or formulated on a personal reception of the person authorized to represent the organization.
Rundkvist A.N. - pp. 14-23

DOI:
10.25136/2409-7136.2018.6.22925

Abstract:
Davydova E.A. - Concerning the Question about the Legal Stimulating of the Economy Innovative Development pp. 16-23

DOI:
10.25136/2409-7136.2018.3.25768

Abstract: The article is devoted to topical issues relating to the legal stimulating of the economy innovative development in the Russian Federation. The object of the research is the theoretical and practical aspects of the legal stimulating and the subject of the research is the legal patterns of developing the mechanism of legal stimulating of the economy innovative development. The author of the article analyzes definitions of the legal stimulus and and legal stimulating. Davydova assumes that it would make a sense to apply a more general approach to studying the phenomenon of legal stimulating in terms of the economy economic development. In a wide sense, legal stimulating can be defined as the process that ensure the achievement of certain goals through making a positive influence on social relations. It is better to apply a more integral approach to developing the mechanism omf the legal stimulating of the innovative development, moreover, the development of legal stimulating is impossible without using methods and empirical material of other sciences (economics, politics, social studies, psychology, etc.). Thus, the author of this article uses the interdisciplinary approach to carrying out the research. Based on the author, the first and the main factor that makes it difficult for the Russian Federation to start the innovative development is poor activity of social institutions, in particular, the fact that there is no institution of property. Based on the analysis, the author defines structural elements of the mechanism of legal stimulating as including political, legislative, organisational and financial measures. The author also emphasizes the need to undertake measures to improve the institutional environment as it is an essential condition for innovative development, as well as to create the system of timely monitoring of the economic and legal situation in the sphere of innovations in order to discover and improve unproductive legal mechanisms.  
Kubatko S., Mordovin P., Kushkhova B. - pp. 24-29

DOI:
10.25136/2409-7136.2018.6.26668

Abstract:
Damm I.A., Basalaeva S.P., Ron'zhina O.V., Tolstikova I.N., Akunchenko E.A., Volkova M.A., Shchedrin - pp. 39-56

DOI:
10.25136/2409-7136.2018.5.26711

Abstract:
Zolotovskaia E.A. - Life and health insurance as an element of a credit agreement: problems of law enforcement pp. 85-92

DOI:
10.25136/2409-7136.2017.5.23226

Abstract: The research subject is the problem of a borrower’s life and health insurance as a security element of a credit agreement (personal insurance contract). The author studies the effectiveness of insurance as a security measure, guaranteeing the performance of obligations by the parties to a consumer loan agreement, and analyzes the problems of application of such measures. The author analyzes the factual goals of a personal insurance contract, which don’t correspond with the goals of this type of contracts if used for the purpose of a consumer loan obtaining. The research methodology includes the analysis of law enforcement practice in the disputes over the nullification of the insurance conditions of credit agreements and the dissolution of credit agreements, based on the comparative-legal and the logical methods, analysis and synthesis. The problems under study are vivid in the law enforcement practice connected with the provision of the freedom of citizens in deciding over the conclusion of insurance contracts. The author concludes that at the present time, there’s no standardized judicial practice in this category of disputes; often courts pass contradictious judgements on alike issues. 
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