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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 05/2019
Contents of Issue № 05/2019
State institutions and legal systems
Belikova K.M. - Legal Regulation of Production, Spread, and Implementation of Scientific Information and Innovations in the BRICS countires on the example of the RSA (Some Aspects of Intellectual Rights Protection) pp. 1-17

DOI:
10.25136/2409-7136.2019.5.29541

Abstract: The article observes the issue of legal regulation of the production, spread, and implementation of scientific information (including the technical one) in the context of the protection of intellectual rights in one of the BRICS countries - the RSA. The article analyzes a number of laws in this sphere (the Law no 51 of 2008 On the Right of Intellectual Ownership of Researches and Inventions Financed by the Government (rev. 2014), Law no 98 1978 On the Author's Right (rev. 2008)), acts and documents of a strategic character (for example, the SA National Development Plan till 2030) and others). The study presents the main idea of one of the key precedents in the sphere of scientific (patent) information development in the RSA. The author forms the institutional structure aimed at science development, accumulation, as well as the spread and protection of scientific information and innovation development. Also, she gives the functionality of a number of elements of such a structure. In the course of the research, the author has implied such methods of scientific knowledge as general scientific, dialectical, and historical methods, as well as a method of rather-legal analysis. The author relies on the subjective-objective orientation of the processes and phenomena. The novelty of the study is due to the complex research of the RSA approaches to legal regulation of the issues of production, spread, and implementation of scientific information and innovation from the perspective of the right of intellectual ownership. The article concludes that the development of science and technology and the aiming at building a state of innovative type in the RSA continues. However, the RSA faces the frets (for example, the reduction (migration) of human capital, lacking financing of science, optimization of Higher Education, etc.) which can affect the success of the conducted politics in this sphere. 
Abramov S.G. - Public Regulation of Commodity, Financial, and Insurance Markets to Prevent the Failure: Incompleteness and Asymmetry of Information pp. 18-28

DOI:
10.25136/2409-7136.2019.5.29706

Abstract: The object of the study is the relations emerging in the markets while conducting business by legal entities. The subject of the study is the questions relating to the evidence of public regulation of entrepreneurial activity in the markets, which is essential due to their eventual failure. The article examines the legal provisions of national and foreign legal systems, projects of regulatory legal acts, the judicial practice, scientific studies addressing the economic and legal issues of failure due to the incompleteness and asymmetry of information in the commodity, finance, and insurance markets. The research aims to distinguish the theoretical foundation for conducting a public policy by governments of various countries. The author applies the general scientific methods of research to solve the problems: the analysis of the context, the extrapolation, the systematization and generalization of methods. Also, he uses special legal methods: the formal-legal method, the method of law interpretation (systemic, logical), the legal modeling, as well as the legal forecast. That methodology allowed conducting the interdisciplinary research and framing the conclusions aiming at solving juridical issues in business. The novelty of the study is due to the fact that the conducting of public policy is proved by the approaches developed within the economic theory. In the course of the research, new data were obtained within the framework of the study of contract (responsibilities) theory, which can be used in civil and business law. The article analyses the theory of socially dangerous and harmful acts within the framework of liability theory. The study describes the tendencies of regulations development in civil and business law. Also, it develops a theory of juridical liability. The article examines the issues of contractual and noncontractual liability when conducting business. The study concludes that it is essential to amend the laws, to bring them in line with the theoretical principles of civil law. 
Law and order
Gasanov A.K., Ostroushko A.V. - The USA Experience in Countering an Insurance Fraud pp. 29-35

DOI:
10.25136/2409-7136.2019.5.29679

Abstract: The subject of the study is the regulations of the criminal law of the USA in countering the insurance fraud. A notable feature of the US criminal law is that it consists of the federal legislation and the state legislation, but only 47 states consider an insurance fraud as a crime. The authors have analyzed the dispositions of the criminal law regulations under the study and emphasized the fact that the liability is imposed for the insurance fraud committed by both policyholder and the insurer. The article highlights a certain casuistry of the dispositions peculiar to the US legislation. The authors apply the following methodological methods: a complex of general scientific and special methods of cognition of socio-legal reality. The methodological basis of the research includes the dialectical method with inherent requirements of objectivity, comprehensiveness, historicism, and the specificity of truth. Among the general scientific research methods, the authors apply the methods of analysis, synthesis, comparison, and measurement. The authors apply a rather-legal method as a special scientific method. The authors analyzed the law enforcement practice of the USA in countering the insurance fraud and suggested that special attention should be drawn to the set of its features:there is a detailed description of the features of acts in the criminal law of the USA regarding the insurance fraud; an American lawmaker takes a broad view of an insurance fraud concept and includes the broad list  of acts committed by both policyholder and the insurer; insurance fraud also includes acts of other states and in most cases are liable for exercise of criminal justice; an American lawmaker divides all the acts into crimes and offenses. 
Договор и обязательства
Guselnikova N.G. - Weak Party of the Contractual Relationship: Problems of Identification pp. 36-45

DOI:
10.25136/2409-7136.2019.5.29568

Abstract: The article is devoted to the study of the problem of identification of a weak party of the contractual relationship. The author deals with the weak party of the contractual relationship through the perspective of the interdisciplinary principle of defense of a weak party. The author analyzes the foreign regulations, including the German and French ones. The article analyzes the regulations of the current legislation of the Russian Federation, juridical literature, and judicial practice. Various approaches are given regarding the determination of signs of a weak party of the contract. The article deals with the possibility of acknowledging the subject of entrepreneurial activity as a weak party of the contract. The author applies the general scientific and special juridical methods. The general scientific methods include the comparison, as well as the method of rising from the abstract to the concrete. The special juridical methods include technical and dogmatic methods. One can view the concept of a weak subject in the contractual relationship through the perspective of the interdisciplinary principle of defense of a weak party. The author suggests that both the subject of entrepreneurial activity and the government can serve as a weak party of the contract in the contractual relationship. The conclusion is drawn that there is no framed approach in determining the weak party of the contract. There is a need for further development of this concept and its criteria. 
Guselnikova N.G. - Consumer in a Contractual Relationship: the Problem of Identification in the Civil Law of the Russian Federation pp. 46-54

DOI:
10.25136/2409-7136.2019.5.29641

Abstract: The subject of the study is the problem of the identification of a consumer in a contractual relationship. The author emphasizes the fact that although there is a great number of research studies, there is no single strategy of identification of a consumer in a contractual relationship. The identification of a consumer in a contractual relationship is of great importance in the civil circulation, as a lawmaker associates specifically this status with the emergence of appendant rights. The article also examines the issue of the legal body's possibility to serve as a consumer. The study investigates the concept of consumer interest. The author provides an analysis of the key dogmatic approaches to the identification of a consumer in a contractual relationship. Also, she analyses the concepts given by the lawmaker and strategies developed under judicial practice. The article analyzes the emerging of an individual legal regulation of the contracts involving the participation of a consumer within a historical context. The author applies such methodological methods as analysis, synthesis, comparative and legal, technical, and logical methods. The author uses both general scientific and special-judicial research methods. The author draws a reasonable conclusion that a lawmaker has poorly observed the concept of a consumer. Judicial practice and the doctrine do not have a single approach to the criteria of identification of a consumer in a contractual relationship. The author suggests developing the concept of consumer interest as a possible criterion of identification of a consumer in a contractual relationship. Moreover, the author suggests introducing an additional feature of a consumer into the law. 
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