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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 11/2018
Contents of Issue № 11/2018
Law and order
Voronin V.N. - Criminal Responsibility for Fake Drug Packaging pp. 1-13

DOI:
10.25136/2409-7136.2018.11.27947

Abstract: The subject of the research is the criminal laws and regulations of the Russian Federation aimed at protection of social relations and pharmacy safety of the population. To carry otu an in-depth criminal law analysis, the author has chosen to analyze actus reus described by Article 327.2 of the Criminal Code of the Russian Federation (hereinafter, CC or CC of the RF) that is a new law resulting from the adoption of the Federal Law of December 31, 2014 No. 532 'On Amending Certain Acts of the Russian Federation on Prevention of the Turnover of Fake, Pirate, Poor-Quality and Unrecorded Medical Products, Devices and Fake Biologically Active Additives'. The methodological basis of the research involves the following methodological principles: objectivity, interdisciplinarity, historicism, holism, consistency, structuredness, functionality, hierarchy, pluralism in law interpretation, and comparativism principles. The research also involves the following special methods: legal analytics, legislative techniques, legal comparative studies, and methods of legal modelling and forecasting. The novelty of the research is caused by the fact that this is the first in-depth criminal law analysis of the aforesaid actus reus. The author concludes that the legislator chose the wrong crime object which is the social relations that ensure the health and pharmacy safety of the population as a kind of social safety. The research has been sponsored by the President's Grant and the Ministry of Education and Science based on the Agreement 3608.2017.6. 
Fis'kov I.A. - Calculating the Volume of Ilegally Harvested Wood pp. 14-18

DOI:
10.25136/2409-7136.2018.11.28020

Abstract: The subject of the research is the volume of ilegally harvested wood as a criminally-based characteristic of a crime as set forth by Article 191.1 of the Criminal Code of the Russian Federation. According to the author of the article, this is an important practical issue that lacks a proper analysis. While imposing criminal responsibility for purchase, storage, transfer, processing and sale of ilegally harvested wood, the legislator hasn't made necessary amendments to the current rates and method of caculating the cost of illegally harvested wood. Based on teh analysis of the legislative basis for calculating the volume of ilegally harvested wood and law-enforcement practice of implementing the provisions of Article 191.1 of the Criminal Code of the Russian Federation, the author of the article proves that the calculation method described there cannot be used. This makes it impossible to adopt a legally biased judicial decision. The author offers a number of solutions and describes their positive and negative effects. The main conclusion of the research is that there is a need to change the method of calculating the volume of illegally harvested wood.  
Gudkov A.P. - Bid Rigging as a Criminal Restriction of Competition (Article 178 of the Criminal Code of the Russian Federation): Legal Regulation Issues pp. 19-27

DOI:
10.25136/2409-7136.2018.11.28083

Abstract: The subject of the research is the legal regulation of criminal responsibility for criminal restriction of competition. The author of the article focuses on bid rigging as the most famous and dangerous kind of this crime with serious threats for the economy. The aim of the research is to define the best legislative model that would allow to raise efficiency of bid rigging prevention. The author analyzes the corpus delicti of competition restriction (Article 178 of the Criminal Code of the Russian Federation) focusing on the analysis of the latest draft law about changes and amendments to the article mentioned above. Gudkov analyzes recent researches on the problem at this stage, laws of developed countries with market economy and experience in relevant administrative proceedings. The methodological basis of the research is the dialectical method as well as general methods such as analysis and synthesis, and special research methods such as dogmatic and comparative law approaches. The scientific novelty of the research is caused by the fact that the author summarizes the results of the researches carried out by such authors as Yu. Bockhova, A. Eremin, A. Kinev, D. Laptev, A. Denisova, and analyzes Article 178 of the Criminal Code of the Russian Federation and amending draft laws, laws of the USA and Japan, and experience in similar administrative proceedings. As the main conclusion of the research, the author underlines the need to exclude such constituent elements of the crime in Article 178 of the Criminal Code of the Russian Federation as major damage and special major damage while reducing the volume of 'large revenue' and 'major revenue' by 10 times. 
Договор и обязательства
Lukoianov N.V. - Legal Aspects of Concluding, Amending or Terminating Smart Contracts pp. 28-35

DOI:
10.25136/2409-7136.2018.11.28115

Abstract: The subject of the research is the practical issues that may arise in the process of concluding, performing or terminating smart-contracts, i.e. forms of automated performance of contractual terms performed via the distributed ledger. Lukoyanov compares approaches to conslusion of smart contracts to the current methods of conclusion of contracts used in Roman-German and English-American laws. The author analyzes how smart contracts can be modified or amended as well as opportunities of control over stages of contract performance and methods of performance of obligations. The author pays special attention to the question of self-regulation and restriction of the scope of application for the state mechanism of dispute resolution when disputes result from smart contracts. The methodological basis of the research involves general and special research methods including dialectical method and methods of categorial and logical analysis as well as the method of comparative law studies. Analysis of new technological solutions that can be used in law is important for the development of modern digital economy in Russia. The author concludes that smart contract should be deemed concluded at the moment when a record about acceptance of a smart contract is made in a certain blockchain. Execution of a smart contract deployed in the deterministic space of a distributed registry is possible by obtaining information from the external environment from special programs called oracles. The state mechanism for enforcement and dispute resolution of smart contracts seems to be ineffective, and therefore, adequate regulation of the emerging relations can be carried out only on the basis of the principle of autonomy of the will of participants, self-regulation, separated from the national law of the lex electronica system.
Practical law manual
Rykov D.A. - Ivalidity of Transactions MAde by an Insolvent Debtor: When the Right is Abused to Create Artificial Accounts Payable pp. 36-43

DOI:
10.25136/2409-7136.2018.11.27373

Abstract: The object of this research is the social relations arising in case of transactions made by an insolvent debtor being recognized as invalid and creation of artificial accounts payable. The scope of the research covers signs of the right being abused when such cases are viewed by the court. Analyzing the Russian law that regulates insolvency (bankruptcy), the researcher underlines the fact that the examination of the issues regarding the abuse of the bankruptcy right lacks a systems approach which creates uncertainty of the process of examination of claims based on Article 10 of the Civil Code of the Russian Federation combined with Articles 168, 170 of the Civil Code of the Russian Federation. The methodological basis of the research implies a dialectical research method that involves objective, in-depth and concrete analysis of social and legal phenomena that arise in the process of deputing transactions made by an insolvent debtor. The scientific novelty of the research is caused by the fact that the author offers a systems approach to the analysis of the abuse of the right in the process of creation of artificial accounts payable. As a solution, the author suggests to create a list of circumstances that may help to discover the facts of the right being abused, and to legally enforce relevant explanations of the Supreme Court of the Russian Federation. According to the author, such explanations will allow a better qualification of actions performed by the participants of the bankruptcy procedure.  
Monograph peer reviews
Abdulin R.S. - Review of Ekaterina Alekseevskaya's Monograph 'Judicial Service Development Patterns' pp. 44-56

DOI:
10.25136/2409-7136.2018.11.28016

Abstract: The object of this research is the paragraph 'History of the Origin and Development of Russia's Judicial System', chapter 'Russia's Judicial System', monograph 'Judicial Service Development Patterns' (published in Moscow in 2016). In his review Abdulin analyzes research objectives of the monograph's author and how successfully she has achieved them in the process of substantiating the theory of the dialectical development of Russia's judicial system and describing its development patterns. The author of this article comments that the research lacks analysis of substantial researches on the matter and focuses on the weak points in the research as well as wrong facts which plays a crucial role for the development of the theory of the dialectical development of Russia's judicial system. The analysis performed by the author is based on the principle of historicism (historical-genetic method) that allows to relate each stage of the development to the previous or following stages. The scientific novelty of the monograph is caused by the fact that Alekseevksaya analyzes the genesis of the theory and history of functional judicial system and organisation of judicial activity that would promote the substantiation of the theory of the dialectical development of Russia's judicial system and search for its patterns. Based on his analysis of the aforesaid paragraph, the reviewer highlights the drawbacks of the research to be noted by the author of the monograph. 
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