This article is the first part of the vindication research. The second part will focus on the analysis of academic positions. In this first part the author proves that the Constitutional Court of the Russian Federation unreasonably found inadmissible some constitutional claims of citizens who challenged the vindication related provisions of the Civil Code of Russia. Actual practice of the court on this issue assessed as contradictory, which has both positive and negative sides. When a positive assessment of the new clarification of the Supreme Court regarding bona fide purchaser criteria, it is criticized for the lack of attention to initiation of correction of new provisions of Art 200.1 of the Civil Code of Russia of limitation period which are erroneours when applied for vindication. An analysis of judicial statistics, in spite of shortcoming of its methodology, confirms: a) high social importance of vindication disputes, b) lack of population trust to the state compensations in cases of disputes related to vindication of property from a bona fide purchaser.
The existence of the special labourlaw status of medical worker requires a special set of rules of law that give rise to the effect of differentiation of legal regulation in relation to this category of workers.
Considering the various methods of differentiation, the author concludes that the labor of medical workers is governed both by the rules - withdrawal and through the rules - additions. Exploring the work of various authors, dedicated to the grounds of differentiation of legal regulation of labor of medical workers, the author formulates the author's own group of the bases of such kind of differentiation, including both external and internal grounds.
The study of bases of differentiation of legal regulation of medical workers has allowed the author to come to the conclusion that special labourlaw status of medical worker includes two components: a general (uniform) and a specialized (differentiated), which can be compared with internal and external bases of differentiation, respectively.
Under the general (uniform) component of the labourlaw status of medical worker should understand a set of common, identical for all medical workers' rights, duties and liability measures. The specialized (differentiated) component of the labourlaw status of medical worker is a circle of special rights, duties and liability measures that correspond to positions, specialty and qualification of a concrete medical worker.
This article is focused on the unknown bill of reform for appanage peasants by 27 October 1861, elaborated by head of Mikhail Nikolayevich Muravyov (1796–1866), a prominent statesman who lived in the time of Alexander II. Mikhail N. Muravyov made numerous legislative proposals in the period from 1858 to 1861. In the first place, they were related to land redemption for ownership by peasants and establishment of public administration in the peasant country that was undergoing reforms. An unbiased analysis of all these facts allows us a deeper insight into the multifaceted peasants reform of 1861–1866 and its consequences for the legal development of Russia.
Th e author criticizes a widespread doctrinal position that money on current accounts are not the clients’ property and could not be the object of vindication from the bank or from the third parties illegally holding this money. Modern meaning of the term “irregular custody” (depositum irregulare) is diff erent as compared with that in Roman law because in the Medieval times the custody contract was changed. Th e elements of Roman law contracts of regular custody and irregular custody (“old irregular custody”) were joined to the new legal construction, that is “new irregular custody”. Commercial bank is a kind of a warehouse. Th e current account contracts are not a special type of civil law contracts. Th ey are more akin to warehouse storage contracts. Proper money regime on current account should be as the storage in a warehouse (new irregular custody). Th e reform of general legal regime of bank accounts is necessary to divide them into a) current accounts in the custody regime with general ban for the banks to use this money and pay interest to clients, b) deposit accounts in the loan regime with prohibition of their pre-schedule withdrawing by clients. Both the vindication lawsuit and breach of contract lawsuit are able to protect the rights of parties of the current account contract. It appears that there is “individual mixed property” between all owners of money on current accounts in a certain bank. It is suggested that the classifi cation of civil contracts should be based upon economic (sometimes moral) fi nal expected eff ects, and upon technical aspects of their performance, as well as public law obligations of their parties etc.
The article examines the specificity of the approach to local government in the Russian Federation in light of current changes in legal regulation of the institution, as well as the interpretation of the place and role of local government in the system of public authority, determined by the decisions of the Russian Constitutional Court. The authors maintain that despite the organizational and functional autonomy from the mechanism of state power declared in the Russian Constitution, local government should be considered as part of a unified system of public authority, since the opposite neither reflects the objective conditions of the socio-economic, political and legal development of the Russian state and society, nor find any historical confirmation or similarities in foreign experience. The affirmation of local government’s place within a unified system of public authority presupposes a closer and well-coordinated interaction of the state and municipal levels in addressing issues of both local and national importance. The latter should also contribute to the positioning of local government as a standalone element of federative relations, which is important both for the development of municipal institutions themselves and federalism as a whole. At the same time, the authors stress that by virtue of its political and legal nature, local government requires the development of direct forms of democracy, involvement of citizens in solving local issues and the improvement of territories where citizens reside. Accordingly, the current professionalization of the governance mechanism at the general municipal level, with limited participation in the relevant processes of state representatives, should be accompanied with the development of forms of self-government and public participation at the local, submunicipal, level.
The article deals with the phenomenon of the dependence of the judicial branch from the political authorities, known as “political justice”. Various forms of manifestation of this phenomenon in numerous types of legal proceedings (international, constitutional and criminal) are investigated. In addition to the politicization of justice, the opposite phenomenon is also observed — the judicialization of politics, which means more active listening by politicians to the position of the judiciary and more frequent appeals by politicians to legal means in order to achieve political goals. Indicators of judicial statistics are analyzed, indicative of the presence of an accusatory bias as a sign of politicization of the judiciary sui generis. Referring to specific trials (in particular, on former heads of state, political opponents of the ruling elite and Islamic extremists), different kinds of procedural tricks are used, which the judges resort to in resolving this category of cases. Positive and negative aspects of the interaction of courts with the legislative and executive branches of state power are highlighted. Psychological phenomena in the behavior and consciousness of judges that accompany “political justice”, in particular the so-called “strategic flight phenomenon”, can be analyzed where judges refrain from making decisions on high-profile cases, artificially delaying their consideration. The prevalence of a situation in which two parallel systems coexist peacefully in the structure of the judiciary is ascertained: ordinary courts and various kinds of emergency tribunals and other structures involved in political repressions. Reference is made to the practice of the European Court of Human Rights, in which the latter stated the political motivation of a number of criminal cases previously resolved by the national courts. In particular, a characteristic trick that lawyers resort to under conditions of political justice is to give retroactive force to the law.
This article is devoted to the questions to the notion “investments” and “budget investments”. It provides the reader on the views resident in economic and legal doctrines as to the notions of “investments” and “budget investments” as well as those definitions in law. A mention should be made that the notion “investments” as a legal point of view is a benefit or set of the benefits which are put in objects of business and (or) other activity for receiving profit and (or) achievement of another social effect. The author proposes to correlate the notions “investments” and “budget investments” as universal and particular, because the budget investments have features of investments, for example, the aim of investing monies/assets. It should be stressed that “budget investments” are regulated differently because they are financed from the state budget. In conclusion budget investments are considered in two meanings: 1) broad meaning and 2) narrow meaning. In a broad meaning, budget investments are budgetary (state) funds directed by the state for receiving to increase “public property” (profit) and (or) achievement of another social effect. Such meaning helps to understand the legal regimes of different types of public (budget) investments.
This article is devoted to the questions relevant to the notion «subjects’ investment process», the special features of the subjects’ investment process. It is set out relationship, correlation and distinguish between the notion «subjects’ investment process» and the other contiguous notions. It also describes different classifications of the subjects’ investment process, which are based on legal and on doctrinal criteria. Moreover, this article is considered from the economic viewpoint the notions «investments», «investment process», particulars and special features of this notions, which are helped to distinguish it from other similar definitions.
The present paper is devoted to the characteristic of the legal regulation of the gas sector of Brazil. The author starts with the appreciation of the perspectives of the gas industry. The article represents and gives characteristics of the system of the legal sources. More detailed analysis is given to exploration works and production of natural gas, realization of the foreign investments in gas production, transportation, stockage, distribution and also export-import of natural gas. Besides, in conculsion the author gives his vision of perspectives of legal regaltion of gas industry in Brazil.
The article is devoted to the application of the theory of the public law legal person in the Russian law. The article proves the impossibility of its application, which is due not only to the theoretical legal issues, but also to the important economic principles and objectives.
The author assesses the foundation of civil law reform from the perspective of liberal economic theory and introduces the possibility of using the methods of economics in legal study. It is proposed to use economic theory as a tool of analysis of the sources of legislation. The author proves the difference of economic and legal relations in the property sector. He formulates the main quality objective economic relations - their absolute freedom. At the time, both the legal property relations are always of a certain measure of freedom.
The article examines the problems of delegation of public powers of authority to self-regulated organizations: public powers of authority which may be delegated, spheres of state administration, where delegation of powers is not allowed, validity of control over realization of delegated powers in all cases of such delegation and responsibility of the state for the acts of private persons who exercise public powers of authority.
This article is devoted to the questions relevant to the notion “investment”, the special features of the investment.
There is an attempt to consider this difficult and ambiguous phenomenon from the point of view of economic and legal doctrines in article. The attempt is allowed to investigate complex the content and essence of this phenomenon, to show its economic and legal features.
These investment features are made to set up correlation and distinguish between the notion «investment» and similar phenomena.
In addition, there are the author's definitions of the notions “investments.” For example, author propose to define the “investments” the economic point of view as - it is the capital, which has special purpose (to gain the benefits), and the “investment process”- it is the placement process of the capital, which has special purpose (to gain the benefits).
The «investments» as legal point of view is a benefit or set of the benefits which are put in objects of business and (or) other activity for receiving profit and (or) achievement of other social effect.
In Russian legal texts there are many various language-based phenomena identified by lawyers as “cases of indeterminacy.” Looking at these phenomena from a linguistic point of view allows one to offer their meaningful classification. This article presents such a classification. It is based on the traditional distinction between ambiguity (we discuss only lexical, structural, and referential ambiguity) and vagueness, namely: vagueness in the narrow sense, fuzziness (we distinguish between referential fuzziness, classificatory fuzziness, and lexical fuzzy expressions including hedges, fuzzy quantifiers etc.), and lack of specification. In addition to the classification itself, the article provides some semantic tests and a variety of examples that illustrate the different types of ambiguity and vagueness, including those from Russian legal texts. We particularly argue that the cases of syntactic and referential ambiguity are periodically encountered in Russian language of law. Among them, for example, the cases of coordination ambiguity, the cases of relative clause attachment ambiguity and others. At the same time, the found examples of vagueness are expectedly much more numerous. The article aims to provide lawyers with tools for the systematic search and analysis of cases of linguistic ambiguity and vagueness in Russian texts.