Электронный журнал Юридические исследования - №8 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 № 08/2018
Contents of Issue № 08/2018
Questions of current interest
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


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. 
Human and state
Pozhidaev V.E. - Restriction of the Principle of Inviolability of Onwership Based on the Example of the Housing Renovation Program in Moscow pp. 9-16


Abstract: The subject of this article is the social relations that may arise as a result of the restricted principle of invoilability of ownership. The author analyzes the problem of ungrounded restrictions of the property rights based on the example of The Housing Renovation Program in Moscow. He focuses on such principles as the adequacy of restrictions and their correspondence to the public interest as well as the balance between private and public interests. The author of the article also pays attention to the constitutional grounds of inviolability of ownership and proportionality criterion for the legal restriction of property rights. Within the framework of this research, Pozhidaev has used general research methods including analogy, induction, deduction, and comparison. He has also applied the systems approach, formal law analysis and content analysis of the Federal Law on Renovation of July 1, 2017. The novelty of the research is caused by the fact that the Renovation Program and legal regulation of civil, land and city-planning relations have not become the matter of in-depth analysis so far due to the novelty of the issue. The author comes to the conclusion that the regulation set forth by the Law on Renovation partly violates the principles of proportionality and adequacy of property rights restriction and thus needs to be amended in order to restore the balance between private and public interests. 
Договор и обязательства
Belikova K.M., Akhmadova M.A. - Equity and Cooperative Joint-Ventures in China as the Form of Performance of the Investment Activity: Comparative Law Analysis pp. 17-30


Abstract: This article is the continuation of the authors' analysis of the legal forms of investment activity in China. The authors analyze activities of equity and cooperative joint-ventures. The subject of the research is the common features of joint ventures and specific features of each kind in particular. The analysis is illustrated by the examples from the legal practice. The article containts scientific data and information that have never been mentioned in the academic literature before. In the course of the research the authors have used such methods as general dialectical method, historical analysis, comparative law analysis. The authors base their research on the subjective-objective predetermiined outcome of processes and phenomena. The scientific novelty of the research is caused by the fact that the authors define advantages and disadvantages of EJVs and CJVs in comparison and describe how they function based on particular examples of such compaies. The results of the research demonstrate that even though the role and significance of joint-ventures have been decreasing lately, they may be quite helpful to foreign investors while Chinese partners have the support of the central and local government, brand credibility, land, license, distribution and access to suppliers which decreases initial expenditures and improves changes of a foreign investor for success. 
Экологическое и земельное право
Nikonovich S.L., Avdalyan A.Y., Bocharov A.V. - The Influence of the Spanish Mining Law on the Legal Regulation of Argentina's Mining Industry pp. 31-37


Abstract: The research offers a brief description of the main provisions of the Mining Code of Argentina of 1886. They specify the influence of the Spanish mining law on the mining law of Argentina. The law divides all mining companies into three classes and regulates the extraction of mineral resources (mining), permissible areas and registration of lands with mineral resources, issuance of temporary permits and mining licenses, transfer of promising areas to concession or property, payment of mining taxes and levies to the public treasury, etc. depending on which class a company is referred to. In their research the authors have applied the general dialectical research method as well as special research methods such as comparative law, historical and formal logical analysis. In conclusion, the authors state that the mining law of Argentina has been developoing on the basis of Spanish mining law in particular and European mining law in general. For example, the mining law of Argentina adopted the principle of mining freedom that means that everyone may seek for and extract mineral resources in state or private territories. The law also defines the actors of the mining law and rules for issuance of temporary permits and mining licenses for the search and developmkent of mineral resources, permissible sizes of mining leases, the procedure of transferring mining leases to concession or property, the procedure of the seizure of the mining lease, and payment of mining taxes and levies. The mining code of Argentina of 1886 is the legal basis for the creation and development of civilized mining industry of Argentina. Over century and a half the law has been regulating the processes of the search for and extraction of mineral resources. The republic has a lot of places where various kinds of ore and minerals are extracted, thus the mining law contributes to the success of mining in the region.   
Mironchik A.S., Kachina N.V. - Social Danger of Environmental Crime in the Need of the Review of the Punitive Policy pp. 38-47


Abstract: In this article the authors present statistical data about the number of registered environmental crimes in the Russian Federation including in the Siberian Federal Okrug and Krasnoyarsky Krai and prove that environmental crime is quite a common phenomenon. The authors reveal issues of the harmful influence of this type of crime on the integrity of the ecosystem as well as other spheres of human activity. The authors carry out a detailed analysis of the nature and degree of the social danger that may be caused by this type of crime, for example, illegal logging. They analyze a set of planned legislative measures aimed at enforcing the criminal liability for envirommental crime. In the course of their research the authors have used such methods as the dialectical materialistic research method, and special research methods such as formal law, comparative law, structured system, criminological and linguistic analysis. They offer their own legislative measures that would raise criminal liablity for environmental crime. The authors underline that their measures will raise efficiency of the counteraction of enviromental crime and conclude that criminal sanctions for environmental crimes should be efficient, coherent and play a deterrent role. They should also correspond to the nature and degree of the social danger that may be caused by environmental crimes. 
History of state and law
Milaeva O.V., Siushkin A.E., Teterina E.A., Morozov S.D. - The Legislative Regulation of the Food Market in England in the Era of the First Stuarts (Based on the Analysis of the Regulation of the Meat and Live-Stock Product Market) pp. 48-57


Abstract: Analysis of peculiarities, mechanisms and instruments of the legal regulation of the food market in England during the first half of the XVIIth century is becoming especially important as the cause of the English Revolution. The object of the research is the food policy of the first Stuarts. The subject of the research is the legal regulation of the meat and live-stock product market during the era of the first Stuarts. The aim of the research is to analyze peculiarities and methods of the legal rellgulation of the food issue practiced by the early Stuarts (the period since 1603 till 1640) based on the example of one of the market segments, i.e. sales of meat and live-stock products. The research targets have been achieved by the historiographic analysis of the documents found in parliament statutes and journals, royal proclamations and other official documents of the English monarchy. The research methodologies include the comparative historical method, analysis and synthesis, and legal regulation analysis. The authors compare the documents published in the era of the reign of James Stuart I and Carl Stuart I. They outline the main trends and mechanisms of the regulation of the internal and external trade of meat and live-stock products. As a result of their research, the authors come to the following conclusions. The main corpus of the legislative acts in the era of the first Stuarts continued the legislative principles of the Tudors. The Stuarts used the old-fashioned feudal methods of the legal regulation of the food market with the reinforced administrative conotrol which hindered the development of free internal and external market. The Stuarts legislation reinforced the position of big monopolies on the food market and hindered the development of the most independent and economically viable social groups.   
Monograph peer reviews
Sapfirova A.A., Adrianovskaya T.L. - Review of the Manual 'Legal Regulation of Labor Relations with a Foreign Element within the BRICS Countries' pp. 58-62


Abstract: The subject of the research is the manual 'Legal Regulation of Labor Relations with a Foreign Element within the BRICS Countries' of Professor Belikova published in Moscow in 2017. The authors of the article analyze the contents of the manual and share their opinion and ideas about it. They focus on the methodologies described in the manual. The authors highly approve of the manual and underline its importance for lecturing and teaching. They also highly think of the research prospects thereof and give their critical comments. In the course of writing their article the authors have used research methods such as analysis, synthesis, dialectics, etc. The review made by the authors is a creative interpretation of a wide circle of interesting and important issues that arise in the sphere of labor and international law of the BRICS countries. 
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