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Regular version of the site
Of all publications in the section: 53
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Article
Фонотова О. В. Вестник Воронежского государственного университета. Серия: Право. 2020. № 3 (42). С. 116-130.

The author suggests taking a broader view on corporate regulation. The following thesis is being put forward for a legal research: in addition to the traditional approach which limits the scope of corporate regulation by “internal” relations involving corporation, its shareholders, corporate bodies and employees, corporate regulation has to be approached in a broader sense, i.e., in the context of an “external” impact caused by a corporation on its relations with other persons: contractual counterparties, supply chains actors, contractors and clients, potential business partners, other representatives of the social environment where the corporation carries its activities.

Starting with generalization of doctrinal views on the essence of nonstate regulation in private law (in part 1), the author then forms an approach towards a broad interpretation of corporate regulation as a type of nonstate regulation of private legal relations (in part 2). The article then considers the variety of forms in which corporate regulation is expressed, i.e., corporate acts (in part 3), and concludes with the statement of problem issues which arise in connection with the influence exerted by corporate regulation on private law relations (in part 4).

A revision of traditional terminological base has been undertaken throughout the text. The research has shown that the legal dictionary of corporate law needs to be streamlined and brought to order. With an aim to improve the existing discordant terminology, the use of the following concise terms has been justified: “nonstate regulation”, “corporate regulation”, “corporate acts”.

Added: Oct 9, 2020
Article
Постникова Е. В. Вестник Воронежского государственного университета. Серия: Право. 2021. № 2. С. 252-267.

the article examines the measures taken at the European Union (EU) level to ensure online access to goods and services as an integral part of the internal market and the single digital market, in particular. Demonstrates the consistency, complexity and coordination of the actions of EU institutions to improve the efficiency of legal regulation in the field of electronic commerce. The experience of the EU can be useful for the Russian Federation as an active participant in interstate economic integration organizations, for example, the Eurasian Economic Union.

Added: Jan 27, 2021
Article
Лютова О. И. Вестник Воронежского государственного университета. Серия: Право. 2020. № 3(42). С. 224-232.
Added: Oct 14, 2020
Article
Клементьев А. П. Вестник Воронежского государственного университета. Серия: Право. 2020. № 3. С. 137-147.

The article discusses payment netting. It is the means of settling obli-gations under fi nancial transactions on foreign exchanges and over-the-counter fi nancial  markets.  In  particular,  provisions  on  payment  netting  are  stipulated  in clearing rules for organized trading as well as standard documentation deve-loped  by  Russian  and  international  associations  of  fi nancial  market  partic-ipants.  Jurisprudence  gives  various  viewpoints  on  civil  law  characteristics  of  netting. Author conducts analysis of these sources and carries out comparison of payment netting with similar civil law instruments (severance pay, novation and due performance of obligations).

Added: Oct 30, 2020
Article
Семенихина А. Ю. Вестник Воронежского государственного университета. Серия: Право. 2015. № 4 (23). С. 195-200.

In this article analyzes the norms of the Code of administrative court procedure of the Russian Federation, from the point of view of continuity of the previously existing rules and existing jurisprudence. Critical evaluation of the absence in the Code of norms of a «dispute concerning civil law» and the reference to additional criteria, as grounds for excluding judicial administrative proceedings, distinguishing between administrative civil proceedings.

Added: Nov 24, 2020
Article
Маркунцов С. А. Вестник Воронежского государственного университета. Серия: Право. 2019. № 3. С. 256-263.

the article deals with the issues of the phased introduction and application

of criminal law prohibitions designed using administrative prejudice.

Depending on the specifi cs of the law enforcement practice, their author’s classifi

cation is proposed. The complexity of the prohibition of retail sales of alcohol to

minors is analyzed in more detail.

Added: Oct 21, 2019
Article
Дерябина Е. С. Вестник Воронежского государственного университета. Серия: Право. 2021. Т. 44. № № 1. С. 90-103.

Abstract: the article examines the formation and development of the main institutions of labor law in the difficult transition period of the national history of the XX century, when the socio-economic and political systems were gradually changing. In this regard, the purpose of this study was to identify the features of legal regulation of labor relations and the normative content of the main labor-legal institutions, their genesis in the historical period under review. Analyzing the genesis of legal regulation of labor relations, the author comes to the conclusion that not only the transitional historical situation, but, above all, the form of Soviet legal ideology will contribute to the establishment of a public-legal dominant in this branch.

 The methodological basis of the study is the historical and systemic general scientific methods, as well as the comparative legal one, allowing a comprehensive review of the problem of the labour  law genesis in the periods of February – October 1917 and from October 1917 to 1922.

Added: Jun 17, 2021
Article
Кривогин М. С. Вестник Воронежского государственного университета. Серия: Право. 2018. № 1. С. 108-117.
Added: Oct 29, 2018
Article
Панова И. В., Ивлиева И. Вестник Воронежского государственного университета. Серия: Право. 2019. № 1(36). С. 173-188.
Added: Apr 8, 2019
Article
Лаптева А. М. Вестник Воронежского государственного университета. Серия: Право. 2021. № 1. С. 219-227.

the purpose of this research is to identify the notions of “investments” and “investments securities.” This article provides the reader with some information elaborates on the point of views resident in economic and legal doctrines as to the notions of “investments” and “investments securities” as well as those definition in law., legislations in the notion “investment.” As a result of this research proposes to consider investments as a juridical definition as a good or a set of goods investing in objects of entrepreneurial and (or) other activities to make profit and (or) other positive effect. The fact that one security for one person will be investment, for another there is no.  It depends on the aims of the person, who is buying or releasing this security. It is stressed that investment securities could be any security purchased or produced to make a profit and (or) other positive effect. The main idea of the article is the legal regime of the investment securities doesn’t depend on the objective characteristic’s investment securities. It depends on the legislator’s wills and on the specific economic conditions of the state in a certain time period.  The legal regime of the investment securities is contained additional encouragements, guarantees, preferences, tax benefits and other.

Added: Apr 27, 2021
Article
Фурсов А. А. Вестник Воронежского государственного университета. Серия: Право. 2019. № 4. С. 79-92.

This article proves the existence of citizens’ local self-government rights and their constitutional signifi cance. Local self-government rights are examined as a complex body of laws requiring a logical reorganization. A novel concept for systematizing these laws is suggested, and the current Russian laws governing them are critiqued. Concrete suggestions are made for improving domestic legal regulations of citizens’ local self-government rights.

Added: Mar 10, 2020
Article
Пахомова Л. М. Вестник Воронежского государственного университета. Серия: Право. 2020. № 1(40). С. 143-155.

the specificity of the forms of ensuring the fulfillment of obligations in the contractual relations system and the ambiguity of judicial practice in the application of such security mechanisms are analyzed. The conclusion is made about the application in the system of contractual relations of an additional security mechanism in the form of anti-deming norms and the need to further regulate the mechanisms for ensuring the fulfillment of obligations and separating them from the responsibility mechanisms  

Added: May 14, 2020
Article
Ерохина Ю. В. Вестник Воронежского государственного университета. Серия: Право. 2021. № 2 (45). С. 147-163.

The correlation of legal, technological and ethical regulation in the infosphere is analyzed. Scientific novelty lies in an interdisciplinary consideration of the issue with the involvement of the works of modern both foreign and domestic researchers. Some of the foreign sources mentioned in the article are first introduced into the Russian-language scientific circulation. The paradigmatic approach of L. Floridi as the most adequate today is used as the methodological basis of the study. The concept and structure of the infosphere, as well as the doctrinal consolidation of this term, are also analyzed. Attention is focused on the problem of determining the subjects of the infosphere. The specificity of legal, technological and ethical regulation in the infosphere is determined. It is concluded that legal, technological and ethical regulation in the infosphere should be used in combination. In this case, excessive regulation must be avoided. A methodological solution to the problem is proposed based on the distinction between hard and soft ethics: it is advisable to apply legal regulation in the framework of strict ethics, and apply soft ethics in technological regulation.

Added: Aug 3, 2021
Article
Павловская О. Ю. Вестник Воронежского государственного университета. Серия: Право. 2021. № 3(46). С. 88-99.

2021 marks the centenary of the introduction of the New Economic Policy (NEP) in the USSR. The Soviet legislation on employment and protection of the population from unemployment of this period allowed to accumulate a rich experience of legal regulation of this area of public relations. But how much is this experience in demand today? In this matter, the historical and legal analysis comes to the rescue, building a certain (including chronological) sequence of the adoption and abolition of political attitudes in the field of employment regulation and establishing the continuity of individual norms that have become the starting point in the formation of the modern system of legislation on employment.2021 marks the centenary of the introduction of the New Economic Policy (NEP) in the USSR. The Soviet legislation on employment and protection of the population from unemployment of this period allowed to accumulate a rich experience of legal regulation of this area of public relations. But how much is this experience in demand today? In this matter, the historical and legal analysis comes to the rescue, building a certain (including chronological) sequence of the adoption and abolition of political attitudes in the field of employment regulation and establishing the continuity of individual norms that have become the starting point in the formation of the modern system of legislation on employment.2021 marks the centenary of the introduction of the New Economic Policy (NEP) in the USSR. The Soviet legislation on employment and protection of the population from unemployment of this period allowed to accumulate a rich experience of legal regulation of this area of public relations. But how much is this experience in demand today? In this matter, the historical and legal analysis comes to the rescue, building a certain (including chronological) sequence of the adoption and abolition of political attitudes in the field of employment regulation and establishing the continuity of individual norms that have become the starting point in the formation of the modern system of legislation on employment.2021 marks the centenary of the introduction of the New Economic Policy (NEP) in the USSR. The Soviet legislation on employment and protection of the population from unemployment of this period allowed to accumulate a rich experience of legal regulation of this area of public relations. But how much is this experience in demand today? In this matter, the historical and legal analysis comes to the rescue, building a certain (including chronological) sequence of the adoption and abolition of political attitudes in the field of employment regulation and establishing the continuity of individual norms that have become the starting point in the formation of the modern system of legislation on employment.2021 marks the centenary of the introduction of the New Economic Policy (NEP) in the USSR. The Soviet legislation on employment and protection of the population from unemployment of this period allowed to accumulate a rich experience of legal regulation of this area of public relations. But how much is this experience in demand today? In this matter, the historical and legal analysis comes to the rescue, building a certain (including chronological) sequence of the adoption and abolition of political attitudes in the field of employment regulation and establishing the continuity of individual norms that have become the starting point in the formation of the modern system of legislation on employment.2021 marks the centenary of the introduction of the New Economic Policy (NEP) in the USSR. The Soviet legislation on employment and protection of the population from unemployment of this period allowed to accumulate a rich experience of legal regulation of this area of public relations. But how much is this experience in demand today? In this matter, the historical and legal analysis comes to the rescue, building a certain (including chronological) sequence of the adoption and abolition of political attitudes in the field of employment regulation and establishing the continuity of individual norms that have become the starting point in the formation of the modern system of legislation on employment.2021 marks the centenary of the introduction of the New Economic Policy (NEP) in the USSR. The Soviet legislation on employment and protection of the population from unemployment of this period allowed to accumulate a rich experience of legal regulation of this area of public relations. But how much is this experience in demand today? In this matter, the historical and legal analysis comes to the rescue, building a certain (including chronological) sequence of the adoption and abolition of political attitudes in the field of employment regulation and establishing the continuity of individual norms that have become the starting point in the formation of the modern system of legislation on employment.2021 marks the centenary of the introduction of the New Economic Policy (NEP) in the USSR. The Soviet legislation on employment and protection of the population from unemployment of this period allowed to accumulate a rich experience of legal regulation of this area of public relations. But how much is this experience in demand today? In this matter, the historical and legal analysis comes to the rescue, building a certain (including chronological) sequence of the adoption and abolition of political attitudes in the field of employment regulation and establishing the continuity of individual norms that have become the starting point in the formation of the modern system of legislation on employment.

Added: Sep 2, 2021
Article
Фурсов А. А. Вестник Воронежского государственного университета. Серия: Право. 2019. № 2. С. 67-84.

This paper considers relevant questions in the exercise of citizens' rights to participate in and carry out local self-government in the Russian Federation. Special attention is devoted to the analysis of the advisory format of civil engagement in the creation of a comfortable urban environment. The regulatory environment and practices of exercising different forms of municipal democracy are studied, as well as legal mechanisms for increasing the level of civil participation in the realization of public space development projects in urban districts

Added: Feb 10, 2020
Article
Копылов Д. Г. Вестник Воронежского государственного университета. Серия: Право. 2018. № 3. С. 116-127.

The article deals with share repurchases. A specific feature of this method of acquiring by a company of its shares is that it is the company that initiates a share repurchase. The article considers the mechanism of acquiring by a company of its shares as well as such issues as a quantity, category (type) and price of shares being acquired.

Added: Mar 9, 2019
Article
Буянова М. О. Вестник Воронежского государственного университета. Серия: Право. 2018. № 4. С. 241-248.

discusses the establishment of minimum age for employment of minors athletes. In a number of sports, athletes under the age of 14 enter into labour relations. Allowing for the conclusion person employment contract with the minor worker, the legislator limits the ability to perform light work, not harmful to health. However, almost all categories of underage athletes perform work with violation of the maximum permissible physical activity. Thus, if the athlete has not reached the age of majority, it is impossible to conclude an employment contract with him. However, in fact, in some sports, athletes perform a work function without a contract of employment, which deprives them of guarantees established by labor legislation. Thus, there is a confl ict between the provisions of part 2 and 3 of Art. 63 of the LC RF and the provisions of part 4 of article 348.8 of the LC RF. For its permission it is offered to make the corresponding changes to the legislation, by establishment of minimum age borde

Added: Feb 11, 2019
Article
Павлова М. С. Вестник Воронежского государственного университета. Серия: Право. 2019. № 3 (38). С. 157-165.

The Procedural administrative code RF was adopted more than four years ago. Coming into force 15th of September, 2015, the new Procedural code not only settled new rules for resolving administrative cases but also lead to new problems in legislation and judicial practice. The author analyzes russion legislation about  administrative legal proceeding, classification of legal relations in law theory, and then considers the problem of division administrative legal relations to the following types: regulatory and protective, absolute and relative, momentary and lasting, simple and complicated, general and concrete, vertical and  horizontal. Finally the author makes conclusion that in the sphere of administrative legal proceeding only certain types of administrative procedural legal relations are possible that is caused by peculiarities of these legal relations and its participants (relations of power and subordination, court is required participant), For example, it's rather difficult to identify procedural absolute, meanwhile there're no horizontal relations at all. In conclusion the author emphasizes, that study of administrative procedural legal relations using their classification lets define their specific traits more precisely, that predetermines vector of development and improvement the procedure of consideration of  administrative case.

Added: Oct 28, 2019
Article
Денисов Е. В. Вестник Воронежского государственного университета. Серия: Право. 2018. № 3. С. 362-374.

The article covers the complex of technical, preventive, legal, criminological and psychological issues caused by increasing number of sexual crimes committed via Internet. The authors evaluate the experience of countries where prevention of such crimes is considered a top priority by their law enforcement agencies and research groups, and substantial material, academic and human resources are employed to deal with these challenges.

Added: Apr 11, 2019
Article
Новиков А. В. Вестник Воронежского государственного университета. Серия: Право. 2010. № 2. С. 148-157.

This article is dedicated to analysis and estimations of a place of the subjective public rights in the mechanism of maintenance of a mode of legality. Article contains the author's vision and understanding of legality, the actual problems connected with its maintenance.

 

Added: Oct 21, 2012
Article
Козлов А. В. Вестник Воронежского государственного университета. Серия: Право. 2012. № 1(12). С. 551-562.
Added: Dec 7, 2012