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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 01/2019
Contents of Issue № 01/2019
Договор и обязательства
Kuznetsova N.G. - The Grounds for the Creation of Pre-Contractual Information Legal Relations Involving Consumers pp. 1-7

DOI:
10.25136/2409-7136.2019.1.28610

Abstract: This research is devoted to the grounds for the creation of pre-contractual information legal relations arising between enterpreneurs and consumers. In her article Kuznetsova discusses the idea offered by several experts dealing with the pre-contractual legal relations. This is the idea to view negotiations before signing a contract as a legal fact that creates pre-contractual legal relations. In her research Kuznetsova discusses whether such negotiations may be the basis for the creation of pre-contractual information legal relations that involve consumers. She analyzes individual legal facts and set of facts that may trigger the creation of such legal relations. The author has used such research methods as analysis and synthesis, induction and deduction, and formal law method, analysis and generalisation of legal sources. As a result of the research, Kuznetsova concludes that contract-related negotiations should be considered as the basis for the creation of pre-contractual legal relations. However, parties' entering into negotiations does not necessarily create pre-contractual information legal relations. These relations arise when three sets of facts are present. The first set of facts includes the following elements: public offer (or invitation to make offers) and consumer actions aimed at receiving pre-contractual information (for example, request for information). The second set of facts include an invitation to make an offer and consumer offer. The third set of facts include public offer and actions that express a consumer intent to enter into an agreement (for example, entering a building, openning a website of an enterpreneur, manipulation with vending machines). 
State institutions and legal systems
Agakishiev E. - Technical Means Applicable During Election and Referendum Voting: Topical Issues and Prospects pp. 8-18

DOI:
10.25136/2409-7136.2019.1.28493

Abstract: The article s devoted to the legal provisions of Russian laws that regulate the order of using technical means during election and referendum voting, in particular, state automated sdystem Vybory, ballot processing machine and e-voting machine. In his research Agakishiev analyzes associated laws and legal precedents of Estonia, Germany, Switzerland and USA and makes suggestions aimed at improvement of applicable Russian laws. The author also discusses prospects for using distant e-voting. The methodological basis of the research is a set of general and special research methods such a dialectical, logical methods, systems analysis, legal comparison, formal law and other methods used both individually and collectively. The legal regulation of the application of technical means to the voting process has been the  matter of attention of such scientists as A. Areshev, M. Vaskov, A. Veshnyakov, E. Gornostaev, L. Ketov, Yu. Klimov, M. Kuryachaya, L. Prihodko, M. Serbin, O. Sundatova, E. Khodina, N. Shubina, T. Shulga-Morskaya and others. Unlike previously published researches, in this research the author carries out a detailed analysis of the legal regulation of all technical means that are used today and may be used in the future. Based on the results of the research, the author describes legal collisions and gaps of the Russian law. Based on the analysis of the experience of the foreign states, the author makes suggestions on how to improve the legal regulation of the matter. 
JUDICIAL POWER
Ilyasov A.A. - Tacit Admission in Arbitral Proceedings pp. 19-24

DOI:
10.25136/2409-7136.2019.1.27430

Abstract: In his article Iliasov touches upon particular theoretical and practical issues and rules of tacit admission aimed at improving competiteveness in arbitral proceedings. He analyzes the provisions of Part 3.1 of Article 70 of Arbitral Procedural Code of the Russian Federation that allows the court to recognize circumstances the other party refers to in order to prove their requirements or complains in case these circumstances have not been contested or disputed or other proofs of their disagreement. The research methodology includes general research methods such as analysis, synthesis, generalisation, analogy and special research methods (formal law). As a result of the research, the author concludes that the aforesaid novella is an example of inconsistent changes of arbitral proceedings that may lead to the impairment of rights of participants. The practical importance of the research is that the results can be used to prepare legal acts in the field of the procedural law. 
Law and order
Ivanova L.V. - Kinds of Cybercrime According to the Russian Law pp. 25-33

DOI:
10.25136/2409-7136.2019.1.28600

Abstract: The subject of the research is the provisions of the criminal law on cybercrime and computer information crimes committed using electronic or telecommunication networks including those on the Internet as well as legal acts and regulations in the fields of information security and information technologies. The aim of the research is to define a circle of actions that can be acknowledged as cybercrime by the Russian law and to develop improvements of the criminal law that would help to differentiate between criminal responsibility for the commitment of crime using information technologies. The researcher analyzes different points of view on the definition of cybercrime and describes features of this kind of crime. The research is based on the systems approach using such methods as logical, dogmatic and comaprative law research methods. By analyzing different points of view and using the systems interpretation of legal provisions, the author comes to the conclusion that cybercrime is a universal term that describes crimes committed with the use of information technologies despite the fact that the legal acts lack a particular definition. The novelty of the research is caused by the fact that the author offers a modern definition of cybercrime that covers all crimes committed using IT technologies. The researcher underlines that there is a certain inconsistence in the legal enforcement of features of the wrongdoing committed with the use of electronic and telecommunication networks including Internet. In order to differentiate between criminal responsibility, the author proves the need to complete all corpus delicti of the Criminal Code of the Russian Federatin that may be committed using information technologies. 
Practical law manual
Bronnikov A.M. - Security of Obligations Applicable During Organisation and Conduction of Property pp. 34-43

DOI:
10.25136/2409-7136.2019.1.27495

Abstract: In his article Bronnikov analyzes the pledge that is mandatory for applicants seeking participation in the bidding as the means of security of the bidding. He also compares it to the security payment. Comparing the legal peculiarities of these means of obligations' security, the author of the article comes to the conclusion that unlike the pledge, the security payment better suits for the role of security of obligations during the bidding. Just so, the security payment does not require a written contract to be concluded, thus the fact of making the security payment by an applicant seeking participation in the bidding may be already acknowledged as the contract conclusion. Moreover, the return of the security payment in case the bidding process organizer declines the offer does not contradict to the eforcement function that it has (unlike in case of the pledge). The methodological basis of the research is a set of general research methods such as systems analysis, synthesis, clarification and abstraction, generalisation of research concepts and legal material, systems structured analysis, logical and analytical method. The researcher describes specific features of using the security payment in the process of the organisation and conduction of the bidding and proves that the security payment is a good alternative to the pledge. The use of the security payment creates additional guarantees for the bidding process organizer including the guarantee of fair practices of all bidding participants who are ready to submit the security payment instead of the pledge. 
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