DOI: 10.7256/2454-0706.2019.2.28850

Abstract: The object of this research is the legal communication. The main conclusions and definitions, formulated in this study, are the continuation of the communicative theory of law of A. V. Polyakov and accord with the cultural research of I. L. Chestnov. For examination of the phenomenon of legal communicative competence, the author adapts the definition of legal communication. It is asserted that the legal communicative competence can become one of the key instruments for determining the efficiency of legal system in compliance with I. L. Chestnov’s program of anthropological assessment of the efficiency of law. The formulated within the framework of postclassical methodology definition of the communicative competence represents the advancement of the communicative theory of law with the accent on the actors of legal communications. The analysis of legal communicative competence is aimed at explanation of the legally significant human behavior, which leads to the narrowing the gap between the theory of law and legal practice. The presented material can be valuable for the future theoretical and empirical studies for assessing the level of the efficiency of legislation, linguistic competences of the citizens of the Russian Federation, foreign citizens, and stateless persons; development of the methods of increasing the efficiency of legislation, and programs of improving  legal literacy of the population.

DOI: 10.7256/2454-0706.2019.2.23764

Abstract: This article presents the content and results of the discussion of topical issues of legal responsibility that took place at the conference “At the interface of criminal law and law on minor offences: material-legal and procedural problems (Wroclaw, 2016), organized in celebration of the Rector of Wroclaw University Professor Mark Boyarsky. The author provides the pros and cons of the various versions of codification of criminal and administrative legislations: a unified whole, where the Criminal Code includes all elements of crime, i.e. codes or laws regulating administrative responsibility or norms of General and Special parts; mosaic, where the elements of crimes are contained not only in criminal law, but also in the framework of sectoral (environmental, transportation, other) legislations, correspondingly, the elements of crimes in both, the code and separate acts, or in absence of code of offences – the general norms are contained in special legislation, while the elements of administrative torts in the sectoral legislation (Czech version). The article elucidates the positions of Polish doctrine regarding vectors of reform of the criminal and administrative legislations, including types of punishment and magnitude of sanctions, thoughts that the criminal and administrative liability are becoming closer together, partially due to introduction of the institution of collective responsibility of gradual increase in the weight of administrative sanctions. The article presents examples of certain lawmaking decisions that characterize the legal systems of Poland, Slovakia, and the Czech Republic, assessing the experience of these countries in the area of regulation of criminal and administrative liability.

DOI: 10.7256/2454-0706.2019.2.28930

Abstract: This article examines the general approaches (direct or portfolio investment, signing concessionary agreements) and particular aspects of the investment cooperation between Russian and China in form of investing into the objects of production and infrastructure in the territory of the Russian Far East, based on the fact that currently the development of these territories is one of the top priorities of the Russian Federation. The author provides the examples of “live” investment projects and investment contracts in the area under consideration; and also underlines the factors impeding such cooperation. The scientific novelty is substantiated by the approach, within the framework of which the attention is given to the problematic aspects of Russia-China investment cooperation from the standpoint of methods and prospects of their solution for the advancement of the Russian Far East. It is demonstrated that Russia-China cooperation has the potential, as well as the history; however, the actual steps depend of the intentions of both parties.

DOI: 10.7256/2454-0706.2019.2.29000

Abstract: The subject of this research is the regulations of U. S Foreign Corrupt Practices Act of 1977, other acts and official documents of the President of the United States, U.S. Congress, U. S. Securities and Exchange Commission, as well as the United Nations, Organization for Economic Cooperation and Development, International Chamber of Commerce. The author also examines the arguments expressed by the politicians and scholars in the 1970’s – early 1980’s with regards to the Law on Foreign Corruption Practice of 1977. The article analyzes the U. S. Foreign Corrupt Practices Act of 1977 (FCPA) for determining the essence of the established criminal law and administrative rules. The research is conducted in the context of the global anticorruption initiatives and international processes of the 1970’s. The author demonstrates the conceptual and chronological correlation between the domestic lawmaking practice and international anticorruption initiatives of the United States of the 1970’s, aimed at counteracting corruption of the transnational corporations in developing countries.

DOI: 10.7256/2454-0706.2019.2.28877

Abstract: This article is dedicated to the analysis of the possibility of removal an individual from participation in the corporate decision-making due to personal bankruptcy of this individual. In particular, the article explores the questions of allowability and justification of limitation of a stakeholder in a company with regards to exercising the right of participation, including the right to run the company. Moreover, the subject of research includes situations that precede the necessity to remove the individual from the board without vote of the individual. The work also examines the case law on the question of refusal to allow a partner to carry out administration of the company after the conclusion of liquidation of their personal property. It is proved that the current civil legislation contains positions, which enable the stakeholders of privately held company to exclude a member, an individual declared bankrupt from the board.