Электронный журнал Юридические исследования - №7 за 2018 г. - Содержание - список статей. ISSN: 2409-7136 - Издательство NotaBene
Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 07/2018
Contents of Issue № 07/2018
Human and state
Platonova N., Smyshlyaev A.V., Mel'nikov Y.Y. - The Principles of the Legal Regulation of Medical-Sanitary Aid by Competent State (Municipal) Medical Out-Patient Organisations in the Russian Federation pp. 1-9


Abstract: The aim of the research is to analyze the principles of the legal regulation of medical-sanitary aid in out-patient organisations. The authors also define the main areas of development and problems of implementation of citizens' rights to health care. The object of this research is the social relations arising in the course of medical-sanitary aid in out-patient clinics. The subject of the research is the legal norms that enforce the principles of medical-sanitary aid in the Russian Federation. In the course of their research the authors have used general research and special law research methods which allowed to carry out an in-depth analysis of the principles of the legal regulation of the medical-sanitary aid in out-patient clinics. The novelty of the research is caused by the fact that the authors offer an interdisciplinary approach to the legal regulation of medical-sanitary aid. In conclusion, the authors emphasize the need to make amendments to the current health care legislation, for example, to include such principles as coordination and continuity in the list of principles of medical-sanitary aid. These principles become especially important under the conditions of medical-sanitary aid in out-patient clinics. 
Belikova K.M., Akhmadova M.A. - Arbitration of Investment Disputes as the Main Guarantee for Civil Law Defense of Chinese Investors pp. 10-18


Abstract: In this article the authors try to cast light on the approaches of Chinese legislators to the protection of investors in Chinese and arbitration courts including international courts. For this purpose, the authors analyze the provisions of the laws of 1979, 1988 and 1986 on joint ventures (share and cooperative) and foreign companies. The authors relate analysis of investment disputes to the kinds of investment disputes and attribution of the investor (internal or external). The authors aso cover the provisions of the intergovernmental agreement between China and Russia. In their research the authors have used such research methods as general dialectical method, historical and comparative law analysis. The authors base their research on the subjective-objective set course of processes and phenomena. The novelty of the research is caused by the fact that the authors analyze arbitration resolvement of investment debates from the point of view of civil law guarantees of investor protection. As a result of the research, the authors conclude that creation of the alternative to state courts, i.e. arbitration resolution of investment disputes, is one of the most important guarantees of a foreign investor rights' protection.  
Abdulin R.S. - The Establishment of Terminology and Terminological System of Court Administration: Aspects of Correlation pp. 19-27


Abstract: In his article Abdulin analyzes and summarizes the problems of formation of terminology and terminological system of judicial control. The point of view of the author as to the origin of the terms of judicial control, and their status is disclosed, and so are the achievements and shortcomings of the Soviet period terminological research in the field of judicial administration. The author believes that the terminological framework of judicial control formed during the Soviet period is the bearer of collective professional-scientific memory as terminological system of the area of government has a long history and tradition. The theoretical and methodological background to the research is the methods and principles used in both history and law. In his research Abdulin has applied both general and special research methods, individually or combined, such as analysis and synthesis, abstraction, structured systems analysis, historical genetic analysis, comparative law analysis, typological analysis, etc. The scientific novelty of the research is caused by the fact that the article presents the results of a complex interdisciplinary research that demonstrates the development and historical correlation of the terminological framework of judicial control from the point of view of the development of judicial administration in Russia. Based on the analysis of particular historical materials, the author describes the origin of the first terms and definitions of judicial administration as well as formation and development of the terminological framework of judicial administration in pre-revolutionary, Soviet and modern periods. 
Law and order
Semerikova A.A. - Criminological Analysis of Sexual Violence Victims pp. 28-41


Abstract: The object of this research is the personality of a sexual violence victim that plays an essential role in the development of criminal motivation. The author of the article touches upon specific reasons and conditions that contribute to victimization, i.e. making a victim 'attractive' for a sexual abuser. Semerikova describes five criteria that describe the structure of victim personality. These include sociodemographic, socioprofessional and legal criteria that generally determine the conditions that increase victimity, and moral psychological and medical criteria determine the causes of aggression. The research is based on the psychological, psychiatric and criminological survey of 150 respondents who were the victims of sexual violence as well as on the analysis of the main theoretical concepts of Russian and foreign victimology. As a result of her research, Semerikova comes to the following conclusions: the victim and abuser have similar psychological features, inferiority and drive to self-destruction being the basic features; and the most common deviations of sexual violence victims are inherited submissiveness and masochism as a disorder of sexual preference. The results of the research can be used to develop sexual abuse preventive measures. 
Договор и обязательства
Shvyrev G.S. - The Concept of Subscriber in Civil Law pp. 42-47


Abstract: The subject of this research is the concept of 'subscriber' that is widely used in civil law. Based on the analysis of the subscribtion services, the researcher describes different kinds of relations with the subscriber on the one part. The author carries out a historical analysis of the aforesaid term that was well known in the XIXth century already, and defines essential features of subscription relations. Shvyrev also covers the main legal and judicial acts that contain definitions of subscriber. The methodological basis of the research is the recent findings of civil law. In the course of his research Shvyrev has used general research methods such as dialectical method that implies objectivity and in-depth analysis of phenomena, as well asl historical and systems analysis. The researcher has analyzed the term 'subscriber' in civil law, has desribed distinguished features attributable to the subscriber's agreement and allowing to differentiate the subscriber's agreement from the paid service contract. As a result of the analysis of associated legal acts and judicial practice, the author offers his own definition of subscriber.
Makushkin V.O. - Kinds of Special Bank Accounts and Grounds for their Classification pp. 48-55


Abstract: Despite a common use of special bank accounts in the Russian Federation legislation, they are rarely studied by experts in civil law and banking law. The science lacks in-depth researches of special bank accounts, in particular, there is still a need to clarify their kinds, features and peculiarities of the legal regime. There are some researches on the matter but, as a rule, they are devoted to particular kinds of special bank accounts. However, the quality of the legal regulation of the bank account institution in many ways depend on the theoretical concept of special bank accounts in general. The author of the article analyzes current approaches to classification of bank accounts and special bank accounts and describes the grounds for these classifications as well as defines essential features of particular kinds of special bank accounts. The author suggests his own approach to the grounds of classification of special bank accounts depending on intended use of a corresponding group of accounts. Based on these grounds, the author suggests to define three kinds of special bank accounts: special accounts containing monetary funds that do not belong to the owner, special accounts that perform transactions taking into account interests of the third parties, and special accounts that are used for public control over expenditure of monetary funds. The use of the author's classification will allow to differentiate between homogeneous kinds of special bank accounts and to establish a complex approach to developing their legal regime. 
Lukoianov N.V. - Legal Tech: Smart Contracts in Terms of Contemporary Private Law pp. 56-63


Abstract: The subject of the research is the smart contracts, i.e. the systems of automated performance of contractual obligations as part of distributed ledgers. The author examines the phenomenon of smart contracts in terms of their historical development, conceptual description and comparison of smart contracts to generalized definitions of the contract existing in contintental and Anglo-Saxon legal systems. Lukoyanov pays special attention to current restrictions of smart contracts, their possible classifications, peculiarities of the parties' statuses, content and interpretation of the term. The author also touche upon the question about the relationship between the programming code, legal regulation and regulation on the basis of developing lex electronica. The methodological basis of the research includes general, private and special research methods such as dialectical analysis, methods of categorical, logical analysis, comparative law method, etc. The use of new technological solutions used in the legal practice becomes very important in the process of development of the modern digital economy in Russia. At the end of the article the author concludes that being the combination of protocols, user interfaces and obligations expressed in the form of a programming code, smart contracts are meant for formalisation and guarantee of reliability of digital legal relations. Smart contracts are more functional than their paper analogies. The novelty of the research is caused by the fact that the author gives a legal qualification of smart contracts. 
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