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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 02/2019
Contents of Issue № 02/2019
State institutions and legal systems
Belikova K.M. - National Legal Peculiarities of Investment Implementation in the Economy of Russia, South Korea and Japan pp. 1-9

DOI:
10.25136/2409-7136.2019.2.29011

Abstract: In her article Belikova outlines issues that may arise in the process of attracting investments from South Korea and Japan into Russia and vice versa from the point of view of cultural research, practice and law (a number of key Russian, South Korean and Japanese legal acts) and providing that particular investment cooperation between Russia and South Korea or Russia and Japan implies capital investments in production and infrastructure facilities including facilities that extract and market energy resources (oil, gas and energy generated in the territory of the Russian Federation). In her research Belikova has used such research methods as general dialectical method, historical method and comparative law analysis. In addition, the author bases her research on subjective-objective predetermined outcome of processes and phenomena and their complementary dependence. The novelty of the research is caused by the fact that Belikova analyzes legal capacities and economic interests of these countries towards mutual investments as well as political, legal and cultural peculiarities of investment into Russian production and infrastructure facilities, in particular, restrictions for foreign investors and some political, legal and cultural peculiarities of investment (participation) of Russian investors in South Korean and Japanese enterprises and investment issues that may arise. At the end of the research Belikova concludes that all aforesaid parties of investment cooperation have much to work on in order to make investment conditions clearer for counter-agents.  
Authority and management
Agakishiev E. - Local Referendum on Financial Issues in the Russian Federation and Foreign States pp. 10-18

DOI:
10.25136/2409-7136.2019.2.28848

Abstract: In his article Agakishiev analyzes legal issues that arise in the process of carrying out a local referendum on financial and economic bases of a municipal unit. The author examines peculiarities of carrying out such a referendum that covers composition of local budget, use of municipal property and problems which resolution implies additional withdrawal from local budget. Agakishiev gives results of his analysis of German, Switzerland and USA legal acts on the matter. The methodological basis of the research includes a set of general and special research methods: dialetical, logical, systemic, comparative law, historical, formal law and other methods used both collectively and individually. A lot of authors such as A. Avtonomov, V. Komarov, A. Kostyukov, L. Nundenko, V. Pylin, D. Ustinov, A. Sergeev, E. Shugrin and Agakishiev himself have studied the institution of local referendum. The scientific novelty of the research is caused by the fact that the author discovers legal issues that may arise in the process of conduction of local referendums on financial issues. The results of the research prove that there is very little opportunity to carry out a local financial referendum in Russia. Based on the experience of the foreign states, the authro of the article makes suggestions on how to improve the legal regulation and increase opportunity for citizens to participate in financial issues. 
Law and order
Yarovenko V.V. - Criminalistic Description of Knives Used as Cold Bladed Weapon pp. 19-27

DOI:
10.25136/2409-7136.2019.2.29013

Abstract: The matter under research is criminalistic description of different kinds of knives with the design similar to cold weapon. Yarovenko demonstrates that their technical features sometimes outmatch admissible criteria, thus create a social threat. The number of crimes committed with the use of such knives exceeds the number of crimes committed with the use of cold weapons. In practice, there is a great number of forensic expertises of missile or cold weapons that do not affect classification of crime. The research methodology is based on the analysis of criminalistical features of different kinds of knives, applicable criminal law and expert opinions about cold weapon criteria and items that can be used as weapon. The novelty of the research is caused by the author's conclusion that if the criminal law does not distinguish between cold weapon and items used as cold weapon, then it makes sense to exclude the phrase 'cold weapon' in Part 4 of Article 222 of the Criminal Code of the Russian Federation and Part 4 of Article 223 of the Criminal Code. 
Договор и обязательства
Bronnikov A.M. - New Mechanism of Sale of Particular Types of Pledged Property Through a Bidding Process pp. 28-33

DOI:
10.25136/2409-7136.2019.2.27516

Abstract: In his research Bronnikov suggests a new mechanism of sale of particular types of pledged property through a bidding process. These types include goods that lose their consumer attributes in a short period of time (perishable goods) as well as slow stock assets or assets which liquidity may be reduced sharply under the influence of certain factors (for example, some kinds of securities). This mechanism includes the need to arrange and conduct bidding even if there is only one appeal for participation; and conclusion of the purchase/sale agreement with a single participant even if there is no competition or demand instead of declaring such a bidding as void. The methodological grounds of the research include a combination of general research methods such as systems analysis, summary of research concepts and manuals. In addition, the author has also applied special research methods such as formal law, technical law methods and legal modelling methods. The research results allow to conclude that implementation of the purchase/sale agreement with a single bidding participant will allow to avoid a whole number of problems and additional risks while promoting the sale of slow stock pledged property and, consequently, having good effect on adaptation of a bidding process to pledge legal relationship as well as use of pledge as a security deposit in general. 
History of state and law
Seregin K.V. - Comparative Analysis of Bessarabia Law to Civil Law of the Russian Empire in Protection of Property Rights pp. 34-41

DOI:
10.25136/2409-7136.2019.2.29007

Abstract: The object of the research is the relations that arise in the process of protection of property rights in Bessarabia and Russian Empire. The subject of the research is the civil laws that were effective in Bessarabia and Russian Empire during the period since 1812 till 1917, in particular, the provisions that regulated protection of proiperty rights in the territories of Bessarabia and Russian Empire. The author of the article focuses on particular methods and means of protection of property rights in civil law of Bessarabia as well as their peculiarities. In the course of the research the author has used the following methods: analysis, synthesis, extrapolation, systems approach, hermeneutical and comparative law method. The main conclusions of the research are as follows: 1) Bessarabian laws set forth negatory actions as an individual means of protection of property rights. 2) Differences in regulation of vindication as the means of protection of property rights were insignificant. Bessarabian laws fixed vindication limitations while the rest of Russian Empire restricted the aforesaid means of proteciton of property rights through judicial practice. Actual judicial decisions of the Civil Cassation Department of Directing Senate proved impossibility of making a claim in particular cases and imposed certain limitations (such as vindication procedure). 3) Distinguished feature of vindication in Bessarabia was its partial restriction in reference to bona fide owner and particular items. 4) Violence claim was one of the means of protection of property rights in Bessarabia. 5) The author also analyses whether it is possible to apply some principles and constructs in modern law to eliminate gaps. 
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