DOI: 10.7256/2454-0730.2017.1.17506

Abstract: Research is devoted to the need to consolidate the legal and regulatory institution of lobbying activities in the Russian Federation. Indeed, on the one hand, the complete absence of legislation in this area leads to the predominance of shadow and criminal methods of lobbying, and, on the other hand, the legalization of lobbying can cause a new round of corruption. Main attention is paid to issues of diversity of approaches to the understanding of lobbying in domestic and foreign literature, the ratio of the categories of "lobbying" and "corruption", as well as the efficiency of the legalization of lobbying activities in terms of countering corruption. The research methodology is based on the traditional legal science principles, techniques and methods: the dialectic, analysis, synthesis, analogy, deduction, etc. The study author concludes on the need to create a legal form for the purpose of lobbying to somehow control this phenomenon. At the same time it expressed the view that the adoption of a law on lobbying should not be seen as a significant step in the fight against corruption. The law on lobbying can only be considered as one factor in a complex of measures, which could lead to a qualitatively new level of the interaction of government and society.

DOI: 10.7256/2306-9945.2016.5.19787

Abstract: The article considers the topical aspects of a provider’s responsibility for copyright infringement on the Internet. The authors study the particular gaps and inconsistences in the legal regulation of this sphere. Particularly, the authors note the shortcomings of the normative conceptual framework typical for anti-counterfeiting legislation. The authors analyze the approaches to this problem, applied in foreign countries and in Russia, substantiate and formulate the suggestions about the improvement of the current Russian legislation. The research methodology is based on the traditional principles and methods of jurisprudence: dialectics, analysis, synthesis, analogy, deduction, etc. The authors conclude that the constant resource locking, prescribed by the Federal Law of 2 July 2013 No 187 “On amending particular statutory instruments of the Russian Federation on the issues of copyright protection in information and telecommunication networks”, contradicts the basic principles of civil law. It is particularly important in the context of the absence of real mechanisms of interlock bypass prevention. Besides, the authors give attention to the problems of legal regulation of an “information intermediary” status. 

DOI: 10.7256/2454-0595.2015.9.16224

Abstract: The article deals with the introduction of responsibility of a voter for acception of an "election bribe". It is noted that the global and Russian practice provides for administrative, criminal and constitutional responsibility for the subornation of voters for candidates and other persons wishing to influence the will of the electorate. However, domestic legislation does not imply adverse consequences for the citizen who had received such an award. Taking into account the world experience, the article studies the feasibility and legal possibility of introduction of constitutional, criminal and administrative responsibility for these acts. The research methodology is based on the traditional legal science principles, techniques and approaches: dialectics, analysis, synthesis, analogy, deduction, etc. The authors conclude that it would be the most appropriate to establish administrative responsibility for such actions. And the responsibility for the voter should be less severe than for those engaged in their subornation. In addition, it is rational to provide for an exemption from the responsibility for the citizens who voluntarily reported the bribery to the competent authority, as well as in cases when bribery was conjugated with coercion, threats, deception.

DOI: 10.7256/2454-0765.2015.4.16784

Abstract: Based on judicial practices, the authors of the present article are trying to answer the question whether entrepreneurial activity can be considered as the situation when a property owner (physical entity) leases the property he or she owns. The subject of the present research is the contradictions arising between tax authorities and taxpayers regarding the matter. The authors note that providing that the tax legislation does not offer its own definition of 'entrepreneurial activity', law enforcement officials have to apply provisions of civil law. In this case, uncertain legal statements cause the need to view circumstances of a particular case. The methodology of the research is based on traditional legal principles, techniques and methods such as dialectics, analysis, synthesis, analogy and deduction and etc. The authors conclude that the situation when a physical entity leases out his property obtained for personal, family and other purposes can't be considered as entrepreneurial activity. Accordingly, the rent isn't considered as a revenue obtained in a result of entrepreneurial activity.