Анализ некоторых вопросов заключения, исполнения и расторжения договоров в контексте реформы обязательственного права России
Electronic contracts present trade law scholars with a multitude of issues concerning international private law, arising from the peculiarities of the online environment. However, as in traditional paper contracts, directives, model laws and conventions governing electronic commercial transactions still leave open such an important question as when is an electronic contract concluded. This article focuses on the offer and acceptance requirement using a comparative approach to explore how this issue is addressed in Russia as well as in other civil- and common-law jurisdictions. The paper compares different regulatory approaches taken by the EU and US on the formation of electronic contracts, highlighting their differences and the progress made towards convergence and consumer’s protection. The relevant law for each country is discussed in relation to two types of transactions: those concluded between qualified professionals or traders, i.e. so-called Business-to-Business (B2B), and those between qualified professionals and consumers, namely Business-to-Consumer (B2C).
This topic is necessary to understand where the law comes from, from which sources it is possible to obtain information about legal norms. These sources in different legal families do not coincide, therefore, at least a brief overview of the peculiarities of sources of law in different countries is needed. This topic should equip students with knowledge of types of sources of law, peculiarities of legal customs, normative legal acts, normative treaties, judicial and administrative precedents, legal doctrines as sources of law.
In the XIX century. by the Russian government collected, systematized and studied the rules of customary law Caucasian highlanders (adat). Adat, regulating property relations and to obtain official recognition applied to mountain verbal (folk), village (aul) and arbitral tribunals. Customary law Chechen and Ingush distinguished: the multiplicity of actors, the equality of «their» - members of the indigenous genera (Taipei), the limited capacity of «outsiders», difference rules in the mountains and on plains, low developed separate institutions, low levels of legal technology.
The chapter begins with a section devoted to the disclosure of the basic concepts of the topic. The concept and types of the normative legal act are considered. The table of comparison of normative legal and individual legal acts is presented. All types of federal normative legal acts, as well as acts of the subjects of the Federation, operating in Russia are considered. Particular attention is paid to regulatory legal acts of local self-government bodies and local acts. A separate section of the chapter is devoted to model regulatory legal acts and the effect of normative legal acts in time, in space and on a circle of persons.
In this study, for the first time in Russian practice from a large amount of empirical data on state contracts for procurement of goods, works and services, made a major budgetary organization during 2008-2010., Examines factors affecting the decline in trading, delays in supplies, as well as problems in the performance of obligations under the contracts. The analysis showed that a reduction prices at the auctions directly dependent on the number of applications accepted for review by the competitive commissions. Falling prices are more frequent in the procurement of goods and experimental trust (compared to the benefits of the inspection), as well as a state contract for works. However, the prices are much less likely to have been lowered in auctions (compared to purchasing through quotations and tenders). Delays in supplies occurred in 27% of patients and were more frequent in the procurement of experimental benefits, and were characterized for major purchases and state contracts executed during the I-III quarters of the year. More serious problems in the performance of obligations, full fraught with supply disruptions, have characterized the state contracts, culminating in the IV quarter. The overall risk supply disruptions were reported only 5% of purchases at competitive procedures, but on the contracts accounted for nearly half of all purchases of the budget organization in 2008-2010. Based on the analysis in the formulation of recommendations to improve the system of public procurement.
Russia and Ukraine have recently adopted complex statutes on consumer credit. Ukraine, unlike Russia, declared the aim of the new act, inter alia, harmonization of the legislation with international and EU standards. Prior to enactment, both countries had a fragmentary regulation of few aspects of consumer credit in general consumer protection laws. I consider peculiarities of the elimination of the contract disproportion of debtor and creditor rights in contracts on consumer credit under new Russian and Ukrainian regulations from a comparative perspective. EU law does not regulate some important issues covered by Russian and Ukrainian legislations, e.g. priority of payments. On the contrary, some useful concepts, which are applicable to consumer loans under EU law, like “linked credits,” “open-end agreements” are absent in both Russian and Ukrainian laws. While comparing new Russian and Ukrainian consumer credit statutes, it is clear that in some aspects the Ukrainian one is pro-consumer, and in some other aspects the Russian one is more pro-consumer. Some provisions of both Russian and Ukrainian consumer credit statutes are very controversial and unclear; in some instances they could lead to debt slavery, so they must be corrected in the future.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/