Thenotion of inner-organizational (local) norms In the article on the basis of legislation description and theoretical concepts the nature of local norms is analyzed. The author gives ground for the notion of local norms as a rules of behavior established in certain organizations, working within their limits, oriented for multiple use, addressed to indeterminate circle of persons and sanctioned in the final analysis by the state
A comprehensive analysis of legal regulation of intellectual property in China in the context of its accession to the World Intellectual Property Organization and the World Trade Organization is given. The authors examine international agreements in the field of intellectual property, to which China joined, as well as its national legislation. It is established that in China the recognition of the right to intellectual property objects at the legislative level began from the moment of its accession to a number of international conventions and agreements in this field. National legislation on intellectual property in China is represented by three blocks: copyright laws, regulations governing the use and protection of trademarks, patent laws. Resolution of issues arising in the field of regulation and protection of intellectual property in China is carried out in two different ways: administrative (appeal to administrative bodies for the purpose of establishing a legal regime for the protection of the results of intellectual activity, and in the event of violation of intellectual rights of various entities), judicial (resolution of disputes over intellectual rights in courts). The authors come to the conclusion that despite compliance of the legislation of the People’s Republic of China in the sphere of intellectual property to international standards and functioning of numerous public authorities responsible for protecting intellectual property, this system works inefficiently that causes a high percent of violations in the considered sphere.
The article provides a comprehensive analysis of the legal regulation of franchising in private international law. The legal structure of franchising relations, its features and types, as well as methods of legal regulation of franchising in the United States of America, France and a number of other countries are studied. Traced the main stages of development of franchising, the state and tendencies of development of legal regulation abroad. The object of the study is the practice of concluding a franchise agreement, its form and essential conditions, as well as the legal status and obligations of the parties to the contract.
Author intends to trace the nature and content of law enforcement measures within the maritime areas to combat unlawful acts in sea. For the analysis of this paper author has based her doctrinal approach on the existing norms of international law in general and special international treaties focusing on law enforcement measures.
The article is devoted to the principles of licensing procedures’ legal regulation. The interrelationship of these principles with efficiency of public administration is proved. The emphasis is placed on the necessary legalization of the principle of differentiation of the Executive authorities’ permissive powers.
The aim is to identify the most important principles of the licensing procedures’ legal regulation on the base of the analysis of the Russian doctrine, domestic and foreign legislative practice, principles of OECD regulatory policy (OESR), as well as to justify the need to form the value priorities of officials as a basis for the effective use of the administrative procedures’ principles. Analysis of current trends in the processvalidate of public services, the use of general scientific (logical, systemic) and special legal methods (formal-legal, comparative legal) allowed to present the place of the principles of legal regulation of licensing procedures in the public administration system. In the context of the importance of the normative aspect in the legal regulation of the Executive authorities’ permissive activity, the significance of determining the principal approaches to the content of the legislative fixation of the principles of administrative procedures is proved. It is concluded that the most important principle of the licensing procedures’ legal regulation is the principle of differentiation of licensing powers. Its content is revealed through: 1) reference (correlation) of Federal and regional permissive legislation; 2) clarity in the definition of permissive powers of Executive bodies with different in scope competence blocks (General and special competence); 3) consistency in the implementation of the constitutional provision on the delimitation of subjects of competence between the Russian Federation and its subjects in the "permissive" rules of Federal legislation. It is also suggested that the effect of the principles of administrative procedures is determined not so much by their legalization, but by the formation of the so-called "axiom of legal consciousness" in the subjects of management. It is stated that the principles clearly fixed in the current legislation and mandatory for use in the practice of public administration can project the traditional legal values into the consciousness of the power participants of administrative relations and to form behavioral aspects of regulatory policy in the context of the newly formed concept of public governance in Russia.
The article presents a comprehensive analysis of the inspections in the form of raids. It is concluded that raid is one of the forms of state control. The definition of raids is given. This form of control hadn't been regulated by law until 2014, but had been widely used. In 2014 the legislator established an opportunity for inspection authorities to conduct raids, but did not provide any procedural requirements for them. This situation leads to a disjointed law-enforcement practice. In doctrine, there is no complex analysis of raids. The available publications are related only to specific types of raids. Due to the lack of regulation and scientific researches, the authors carry out a system analysis of the introduction of raids in the inspection and supervision activities, and also identify the types of inspection and supervision activities, where raids are most often conducted. Based on the analysis of law-enforcement practice, the authors reveal and describe in detail a number of problems that arise during the conduct of raids. Each problem is illustrated by certain practices.
The article is devoted to the legal triads of Medieval Wales. Triads were the special genre of Medieval Welsh literature. The legal triad collections were found in the Welsh manuscripts of 13-15* centuries which contain one of the three redactions of The Law of Hywel Dda. Triads are one of the striking features of the medieval Welsh legal texts. There are reasons to believe that towards the end of the 13th century, the lawbooks were used mainly as mnemonic aids in the educational process and legal triads might testify in favour of this version. The legal triad collections, which complemented the lawbooks, normally did not contain any new legal material with regard to the texts.
The classifications of theories of the legal entity presented in legal literature are investigated. Value of the theory of the legal entity as philosophical basis of interpretation of a standard design of the legal entity is defined. The separate approaches to differentiation of theories of the legal entity accepted in science are considered and their separate defects are revealed. Lack of the criteria allowing to differentiate accurately in the considered classifications theories of the legal entity is noted. As a result, the theories containing essential differences and opposite doctrinal provisions concern to the same group. The purpose on the basis of the correct application of logical reception of classification correctly is set to group foreign and domestic theories of the legal entity and by that to define possible and admissible limits of their combination at complex researches.
It is offered to classify theories of the legal entity by criterion of the attitude towards need of legal entities expressed in them for civilized law and order (criterion of a modality) and on this basis to divide them on positive and negative. On a condition of admissibility of formal recognition of legal entities as persons of law the last group of theories of the legal entity is subdivided into the theories allowing such opportunity (moderately negative or formalized), and the theories excluding it (extremely negative). Positive theories of the legal entity are differentiated concerning a question of cognoscibility of a phenomenon of the legal entity. One theories (agnostic theories or theories of personification) proceed from the reality of the legal entity assumed (fiction) which strong-willed acts are carried out by his representatives-natural persons; and others (Gnostic theories or theories of the real subject) from provability of existence of the legal entity as self-governed social personality. Theories of the legal entity are distributed on the basis of this classification. The conclusion about logical incompatibility of doctrinal provisions of the theories carried to different types within the offered classification is drawn.
The article examines the main results of the reform of the procedure for insurance compensation under the contract of compulsory insurance of civil liability of vehicle owners (MTPL). The federal law of March 28, 2017 No. 49-FZ established the priority of compensation of harm under the OSAGO contract in the form of restoration repair. At the same time, the Regulation of the Bank of Russia of September 19, 2014 No. 431-P establishes the criteria to which the maintenance station (HUNDRED) should correspond. The prerequisites for the adoption of this set of norms include a significant number of court cases concerning the payment of insurance compensation under an OSAGO contract, the active work of intermediaries, as well as a high level of insurance fraud. The purpose of the mentioned Law, based on the position of the legislator and representatives of the professional community, is to reduce the amount of cash payments under an OSAGO contract, which will reduce the interest of intermediaries and unscrupulous market participants in this area. Based on the analysis of statistical data of the Russian Association of Motor Insurers, the Judicial Department at the Supreme Court of the Russian Federation, as well as law enforcement and judicial practice, the authors assess whether the goal of reform of the insurance compensation procedure under the MTPL agreement has been achieved, and conclude that the adopted innovations are ineffective. The main reasons for this are the insufficient elaboration of the order of relations between the workshop, the insurer and the victim; the lack of the necessary number of service stations that meet the criteria established by the legislator; the cost of the organization of the repair and the inclusion in the legal relationship between the insurer and the victim of a third party (STOA), not controlled by the supervisory authority; the problem of limiting the right of the victim to choose the form of insurance compensation.