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Regular version of the site
Of all publications in the section: 381
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Article
Касаткина А. С. Право. Журнал Высшей школы экономики. 2012. № 2. С. 144-164.

 

This article devoted the complex analysis governing modern independent codifications of private international law in the countries of South East Asia. As part of this article conducted the detailed analysis of national-legal regulation of laws in the field of private international law in China and Japan. The analysis of the basic institutes of private international law, and also questions concerning hereditary, family, tort, real and a liability law is also carried out.

Added: Nov 16, 2012
Article
Батусова Е. С. Право. Журнал Высшей школы экономики. 2015. № 2. С. 175-185.
The article considers the existing approaches to legal regulation of fixed-term contracts in several EU countries. The impact of the EU Directive on fixed-term contracts (1999) on labor law in the countries of the European Union is analyzed. In particular, it considers acts of Germany, the UK, Belgium etc. All EU countries have implemented in their labor legislation the main provisions of the EU Directive on fixedterm contracts. However, the legal mechanism for implementing the norms of the Directive at national level has its own specifics. It is defined by the characteristic features of the fundamental basis of labor law in the EU member-states. As a consequence, one could conclude that, despite the commonality in legal regulation of fixed-term contracts, there are different approaches to solving problems conclusion, modification and termination of fixed-term contracts. Some acts contain specific definitions, for example fixed-term employee; a comparable permanent employee in relation to a fixed-term employee. There are different approaches to the determination of the parties to such agreement. The national act or fixed list of subjects, as well as the subjects on which it applies under certain conditions, or subjects it does not apply, the conditions to enter into fixed-term contracts. The elements of the mechanism of preventing discrimination, are as a rule, expressed in the establishment of: the maximum total duration of successive fixed-term contracts; the determination of the maximum duration of fixed-term contract and the maximum number of fixed-term contracts in social partnership agreements; fixing the date from which the employee, at the conclusion with him several fixed-term contracts is considered to be permanent employee; grounds for termination of fixed-term contracts. Legal regulation in examined countries is based on the recognition of a fixed-term contract as an atypical form of employment and the recognition of an employment contract for an indefinite period as the main type of employment contract in these countries.
Added: Feb 26, 2016
Article
Сюкияйнен Л. Р. Право. Журнал Высшей школы экономики. 2012. № 3. С. 7-28.

Religious teachings have played a significant role in the development of human rights, but nowadays, they do not exert any serious influence on the latter. In recent decades, the major religions focus on developing their own human rights concepts which are compared to modern liberal theories. Such religious teachings differ in several relevant aspects. The beginnings of Buddhism and Protestantism do not reject the democratic and liberal understanding ofhuman rights, but the Orthodoxyand Islam focus on opposing their attitudes to such interpretation. The question as to the possibilityto take into account religious views within the framework of human rights legal theory remains open.

Added: Nov 13, 2012
Article
Бондарь Н. С. Право. Журнал Высшей школы экономики. 2012. № 4. С. 3-18.
Added: Jan 24, 2013
Article
Рябов К. И. Право. Журнал Высшей школы экономики. 2015. № 2. С. 226-237.
Added: Aug 5, 2015
Article
Пирогова Е. С., Жукова Ю. Д. Право. Журнал Высшей школы экономики. 2017. № 3. С. 74-88.

The article is devoted to the analysis of contents of a shareholder’s duties set in the article No 65.2 of the Civil Code of the Russian Federation as a result of a major reform of civil legislation as related to regulation of legal entities. Due to complexity and ambiguity of such legal notion as “corporate obligation” concerning in particular shareholders, not members of governing bodies, the problem of extent of discretion of a shareholder, implementing his corporate rights, seems to be worth researching. The authors of the present article are focusing on so called “active” duties, initially on the duty to take part in making corporate decisions in cases when such decisions are vital for the company’s further activity. The research covers the issue of allowability of compulsion of the shareholders to participate in the general meeting by means of setting a mandatory obligation for each shareholder. Also the authors underline uncertainty of the scope of persons obligated to take part in making of a decision concerning which legal rules are not prescribing unanimous consent, while the decision itself is not obligatory for the further existence of the corporation. The contents of a notion “taking part” is also undetermined because no one is obliged to vote affirmatively. Another problem revealed by the authors relates to settlement of excessively peremptory rules concerning decision-making process by the corporation itself (for example, prescribing unanimous consent for election of a chief manager in the charter of the corporation). Special attention is given to the issues of delimitation of liability of a shareholder not able to determine the corporation’s decisions and a “controlling” shareholder: the scope of liabilities seem to be different, while the real taking opportunity of affecting the corporation’s activity should be considered.

Added: Jan 31, 2018
Article
Познер Р. Право. Журнал Высшей школы экономики. 2014. № 1. С. 4-16.

A modernizing nation’s economic prosperity requires at least a modest legal infrastructure centered on the protection of property and contract rights. The essential legal reform required to create that infrastructure may be the adoption of a system of relatively precise legal rules, as distinct from more open-ended standards or a heavy investment in upgrading the nation’s judiciary. A virtuous cycle can arise in which initially modest expenditures on law reform increase the rate of economic growth, in turn generating resources that will enable more ambitious legal reforms to be undertaken in the future.

 

Added: Apr 19, 2014
Article
Прокудина Л. А. Право. Журнал Высшей школы экономики. 2010. № 3. С. 43-59.

Summary The article deals with the interdependence of such concepts as activities of the court and justice, it examines the essential features, attributing judicial activities to administra tion of justice. The article deals with the administration of justice as a form of judicial activity, designed to settle a legal conflict, it examines the new legal regulations, including simplified procedures, in terms of their relationship with the administration of justice.

существенные черты правосудия,   функции суда,   разрешение правового конфликта,   дифференциация процессуальной формы,   упрощенные процедуры,   characteristic features of justice,   functions of court,   legal resolution of the conflict,   differentiation of procedural form,   Simplified procedures

Added: Oct 27, 2012
Article
Прокудина Л. А. Право. Журнал Высшей школы экономики. 2010. № 3. С. 43-59.
Added: May 14, 2010
Article
Данилов С. Ю. Право. Журнал Высшей школы экономики. 2011. Т. 1. С. 120-127.

The subject matter of the article lies between public law and economics. The article contains sources of legal regulation in state corporations, ways of their forming, jurisdiction, priorities and results of its activities achieved in western democracies. The author stresses the dependence of effectiveness of this public law institute on checks and balances as well as individual responsibility, responsibility for doings and refraining from doing by authorities, reputation of officials.

Added: Oct 4, 2012
Article
Яхина М. Р. Право. Журнал Высшей школы экономики. 2015. № 2. С. 92-102.
Added: Sep 10, 2015
Article
Краснов М. А. Право. Журнал Высшей школы экономики. 2009. № 4. С. 16-32.
Added: Jan 18, 2010
Article
Сарбукова А. С. Право. Журнал Высшей школы экономики. 2011. № 4. С. 71-76.
Added: Oct 23, 2012
Article
Шаталов А. С., Аронов А. Право. Журнал Высшей школы экономики. 2010. № 4. С. 107-118.

In the article the techniques of committing crimes, aimed at illegal corporate seizures is analyzed. The authors come to a conclusion that every type of such crimes is a system of connected orchestrated actions for preparing, commiting and covering up a crime (crimes), aimed at committing an illegal corporate seizure. These actions have significant and various illegal potential. Scientific analysis of such crimes has allowed the authors to study the most typical ways of committing illegal corporate seizures and to show other crimes which tend to be integral part.

 

Added: Oct 27, 2012
Article
Мамедова Ф. Ф. Право. Журнал Высшей школы экономики. 2020. № 1. С. 148-168.

The article is devoted to the category of justice in modern criminal law. The philosophical concept of justice, the development of the consolidation of the concept of justice in criminal law, the correlation of justice, social justice and the principle of justice are analyzed. A particular attention is paid to achieving justice in the design of penalties for criminal law. It is concluded that justice is a hierarchically ordered system of interconnected moral values, which implies a combination of higher moral categories in which freedom, limited by equality, embodies good in accordance with an objective order. The restoration of justice as a goal of criminal punishment is a condition approved from the standpoint of morality that arose as a result of a committed criminal assault of public relations, taking place in connection with the implementation of the punishment corresponding to the nature and degree of public danger of the crime, the circumstances of its commission and the identity of the perpetrator, and compensation for the damage caused. The categories “justice” and “principle of justice” are not identical. The moral category of good is a common feature, the distinction is made according to the degree of prevalence of the categories in question in social relations. The category of “justice” is a kind of foundation for the formation of the principle of justice. The principle of justice is expressed both in the doctrine of criminal law and in existing criminal law and practice. Its legal content is disclosed in the aggregate of the following requirements: justice of criminalization of acts, justice of criminal prosecution, justice of differentiation of responsibility, justice of the appointment and implementation of punishment and other measures of a criminal law nature. In modern conditions, the establishment in the law of criteria for the imposition of fair punishment acts as a kind of guarantee for the observance of the rights of perpetrators and victims. The legislator provides for three such criteria: the correspondence of the punishment imposed to the nature and degree of public danger of the committed criminal assault; compliance of the punishment with the circumstances of the commission of the criminal offense and compliance of the punishment with the identity of the perpetrator. The principle of justice in the text of the criminal law is not fully disclosed by the legislator, since its legislative structure is aimed only at protecting the rights of a person who has committed a criminal offense, but who has not suffered from a crime.

Added: Oct 26, 2020
Article
Ефремова Н. Н. Право. Журнал Высшей школы экономики. 2013. № 3. С. 3-11.
Added: Nov 15, 2013
Article
Гетьман-Павлова И. В. Право. Журнал Высшей школы экономики. 2015. № 3. С. 194-212.
Added: Feb 2, 2016
Article
Ерпылева Н. Ю., Гетьман-Павлова И. В. Право. Журнал Высшей школы экономики. 2016. № 3. С. 122-138.

The paper analyzes the case of legislation and case practice in Ukraine, in particular the trends in the current process of codifying international private law. The analysis of international private law documents approved for the past 35 years internationally shows that the majour forms (ways) of modern codifications of International Private Law are the following: 1) introbranch form — within the general codification of civil law; 2) interbranch form, the codification o civil law includes a special part with the majour norms and institutes of general and special parts of international private law; 3) autonomous branch form — issuing a special law applying to codifying international private law; 4) complex autonomous form — issuing a law or code combining the principles and conflict of law norms of international Private Law as well as the provisions of international civil process. Ukraine chose a large-scale codification of international private law, i.e. approved a complex autonomous law On International Private Law (enacted as of September 1, 2005), applicable to the choice of law and civil conflicts concerning foreign law and order. This way of codifying international private law is typical of the pluralist concept of private law dominating in Ukraine currently. The law materialized the idea of converging formalist and pragmatic approaches to conflict of law regulation. The case practice for the period of the applicable law since 2005 has shown its relevance and demonstrated interesting examples of its application. Between 2010 and 2013, the law of 2005 experienced significant changes, which in turn may not be considered as a reform of Ukrainian international private law. The paper concludes that currently, the Ukrainian law on international private law requires updating due to the development of European conflict of law regulation and formation of new conflict of law approaches.

Added: Oct 31, 2016
Article
Кузнецов Д. Л. Право. Журнал Высшей школы экономики. 2009. № 1. С. 94-98.
Added: Jan 12, 2010
Article
Панченко П. Н. Право. Журнал Высшей школы экономики. 2014. № 1. С. 107-116.
Added: Mar 29, 2015
Article
Прокудина Л. А. Право. Журнал Высшей школы экономики. 2008. № 2. С. 51-63.
Added: Oct 12, 2012