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Regular version of the site
Of all publications in the section: 388
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Article
Цепов Г. В. Закон. 2019. № 11. С. 128-143.

The issue of Civil and Labour Law correlation in regulation of the activities of a legal entity’s CEO remains unresolved both in theory and in law-enforcement. Conflicts are driven by the rudiments of the Soviet period theories — still existing in public legal consciousness — which proclaimed a legal entity a real subject, but in fact, turned it into a scholastic structure not working in practice. On the contrary, treating a legal entity as a tie point of rights and obligations, legal reality, while treating a CEO as its special representative — makes it possible to draw a clear distinction between civil and labour relations. The powers of a CEO are given and terminated by civil-law decisions of a legal entity. Due to fiduciary nature of relations, taking a decision to terminate the powers makes it impossible for a CEO to continue performing their functional responsibilities. Nevertheless, the termination decision in itself cannot exclude giving an ex-CEO social guarantees and compensations as specified by Law and labor contract.

Added: Dec 2, 2019
Article
Иванов А. А. Закон. 2019. № 12.
Added: Nov 18, 2020
Article
Иванов А. А. Закон. 2015. № 12.
Added: Jul 3, 2017
Article
Олейник О. М. Закон. 2014. № 12. С. 44-53.

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.

Added: Mar 3, 2015
Article
Нестеров А. В. Закон. 2003. № 3. С. 80-84.
Added: Jan 29, 2010
Article
Есаков Г. А. Закон. 2015. № 8. С. 82-89.

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.

Added: Aug 27, 2015
Article
Кузнецов Д. Л. Закон. 2019. № 9. С. 53-64.

The digital age dictates new approaches to building a professional career, including the legal area. The traditional forms of postgraduate legal education are being replaced by new methods that require fundamentally different ways of obtaining, sharing and updating legal knowledge, which drives changes in legal mechanisms for employee education in the legal industry. At the same time, poor legal protection of employer investments in employee education remains one of the key issues.

Added: Feb 10, 2021
Article

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.

Added: Apr 27, 2018
Article
Обухова Е. В. Закон. 2017. № 7. С. 146-160.
Added: Dec 25, 2017