Understanding what is a commonly known fact can not be achieved without developing the ability to verify the findings of the court as to whether a particular circumstance is generally known or not, on appeal. It attracts need to refuse unconditional recognition of such circumstance to all members of structure of court that demands introduction of the procedure of check of a circumstance on common knowledge. It is incorrect to separate proof of common knowledge of the fact from the proof of its existence as the proof of common knowledge of a circumstance for its use as the bases for release from proof in all cases is identical to the proof of existence of this circumstance. The court of first instance and the appellate instance must carry out such verification ex officio in the same way - through a critical appeal to several publicly available sources of information.
The article describes problems of contemporary legal education and their solutions with the participation of employers, by which are meant the public authorities, commercial and non-profit organizations of different ownership forms, interested in cooperation with leading law universities and faculties of the Russian Federation with the aim of joint work to improve the quality of modern legal education. It identifies a number of methods of interaction between employers and law universities and faculties, contributing to the development of competence approach in legal education. An example of successful cooperation between the Faculty of Law and employers in the framework of the Department of practical jurisprudence is given.
The article considers the fundamentals of a newly established office of the Financial Attorney for the Rights of the Consumers of Financial Services (Federal Law of June 4, 2018 No. 233-FZ). The analysis is conducted in the light of comparison of the Financial Attorney with the fundamentals of the offices of financial ombudsmen widely used for consumer protection in the financial markets in many countries. Considering from comparative legal perspectives the basic features of these two offices, the author comes to a conclusion that the Financial Attorney in the Russian Federation — in the way established by the Federal Law — will not be able to perform the role comparable to the role of the financial ombudsmen in European jurisdictions. Therefore, the legal regulation of the bank-customer relations in Russia is still having the substantial gap which theoretically might be filled in if the financial ombudsmen get legal recognition from Russian banking associations.
The paper shows that the Russian legislation on state control and supervision over business activities does not meet such basic requirements as stability and certainty set for any law. For example, legal procedure for the conduction of prosecutorial inspection stays particularly uncertain and was not changed even after the Russian Constitutional Court had offered its recommendations. Therefore, aims of prosecutorial inspection mostly duplicate those of inspections carried out by other state bodies. The author cites a number of judicial cases and explains why prosecutorial inspections should be eventual.
Article is devoted to destiny of the economic analysis of the right in system of the Russian jurisprudence. In it the positive and negative positions of the Russian scientists created concerning the economic analysis of the right are noted. In article it is shown that the economic analysis of the right gives the methodological tools allowing:
— to rationalize the existing legal constructions, i.e. to decide on the values which are their cornerstone (protected by the right interests), and also to understand the reasons of emergence and mission of concrete norms;
— to modify legal regulation when it doesn't achieve the objectives facing it;
— to predict impact of potential norm on behavior of subjects to which it will be addressed;
— to coordinate interpretation of the existing norms with the real public relations which are their cornerstone.
The article analyses current version of the Russian Criminal Code with regard to its provisions on criminal legislation in light of foreign approaches in this field. The author comes to the main conclusion about non-active, prudent approach of Russian legislation to criminal jurisdiction confining it to historically elaborated schemes. The comparison with the current continental law and common law approaches reveals that legislative schemes of the leading foreign states are of more ‘aggressive’ nature. The passive nationality principles as well as universal and protective principles are widely used for asserting criminal jurisdiction extraterritorially. The author concludes that some steps in the same manner might be perceived by Russian legislator.
On December 8, 2017 the Constitutional Court of the Russian Federation adopted Resolution No. 39-P. It states that individuals can be held liable for damage to the budget arising from corporate tax offenses. In the authors’ opinion, the explanations by the Constitutional Court of the Russian Federation have accentuated the problem of independent legal entity’s existence. So, the paper examines theoretical and practical issues of the essence and responsibility of a legal entity. The authors made an analysis of doctrinal researches, regulations and judicial decisions concerning the problem. As a result, the approach to the legal entity’s evolution from fictitious to real personality is substantiated. There is a brief historical digression that reveals the process of company formation. The authors came to the conclusion that the fiction theory proves unjustified at the present stage of the development of economic relations. The article provides evidence of the concept of reality and independence of legal entity in Russian civil law. Due to the departure from this theory in the sphere of tax legislation, it is suggested to change the way of determining legal entity’s fault in tax relations.