• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site
Of all publications in the section: 294
Sort:
by name
by year
Article
Савельев А. И. Закон. 2017. Т. 5. № 5. С. 94-117.

This paper is focused on the analysis of certain legal issues, associated with the implementation of blockchain technologiesand smart contracts. Specifically, it addresses the possibility of qualification of blockchain records as electronic documents; applicability of electronic signature legislation to transactions performed in the blockchain, as well as certain issues associated with qualification of blockchains and smart contract codes as computer programmes and liability for the quality of such code. Special attention is given to the definition of ‘smart contract’ and possibility of its qualification as civil law agreement. The paper also covers certain questions about using blockchain data as evidence in litigation. It includes the analysis of possible legitimising grounds for personal data processing in blockchains and compliance with data localisation requirements since blockchain data may be considered as personal data in some cases.

Added: Jun 6, 2017
Article
Савельев А. И. Закон. 2018. № 2. С. 36-51.

The paper is focused on the analysis of the problems that may be driven by mass tokenization of the objects of civil law, i.e. creation of a digital representation of such object in the form of a record in blockchain where the value of such object is transferred subsequently by means of disposal of such token, which is a subject of separate rights to it. There are three problems outlined in the paper: 1) a possible displacement of existing legal regimes of objects of civil rights by the legal regime of the token; 2) the problem of definition of the nature of rights to token (in rem vs. in personam) as well as remedies for their violations; and 3) privacy issues associated with the growth of metadata relating to performed transactions, and resulting from mass tokenization and blockchainization of law. Provisions of the Belarus Decree “On the development of digital economy” of 21 December 2017 were taken to Illustrate the problems.

Added: Mar 13, 2018
Article
Митин М. А. Закон. 2010. № 4. С. 64-73.
Added: Jun 18, 2014
Article
Головко Л., Резник Г. М., Халиулин А. Закон. 2013. № 5. С. 57-63.
Added: Jul 11, 2013
Article
Степанов Д. И. Закон. 2014. № 7. С. 31-55.
Added: Oct 20, 2016
Article
Степанов Д. И. Закон. 2015. № 9. С. 110-128.
Added: Oct 21, 2016
Article
Власова А. С., Удалова Н. М. Закон. 2016. № 6. С. 111-120.

The paper is devoted to the notion of "nominee director", which is widely used by Russian tax authorities and courts in tax cases. This notion has neither legal definition nor special criteria to avow the person as a nominee director. However, the use of it may entail legal consequences rot both: the nominally controlled legal entity, headed by a nominee director, and its counterparties. The authors conclude that the use of the term "nominee directir" in its current interpretation directly contradicts the public nature of tax relations. 

Added: Jan 23, 2017
Article
Саламатина И. В., Смольников Д. И. Закон. 2018. № 3. С. 37-44.

Over the past few years, Russia and some other countries have been taking steps to reduce the number of regulations for businesses. Through comparative analysis the authors come to the conclusion that efforts at deregulation are feeble because of fragmentation. They also emphasise the impor- tance of continuous and consistent codification of existing regulations.

Added: Jan 23, 2019
Article
Галкова Е. В. Закон. 2016. № 11. С. 173-186.
Added: Sep 28, 2016
Article
Дьяченко Е. Б., Энтин К. В. Закон. 2019. № 3. С. 98-119.

The article contains an analysis of the main legal findings of the EAEU Court in 2017–2018. The case-law of the EAEU Court is analysed examined from several perspectivesangles: its influence on the application of EAEU law in the Union and the Member-States and from a comparative perspective taking EU law and the case-law of the CJEU as a point of reference. The Court’s judgments and advisory opinions addressed various issues pertaining to competition law, customs regulation, free movement of goods and workers, labour relations with the EAEU bodies’ employees and officials. Most notably, the Court has formulated the essential properties characteristics of EAEU law and provided a definition for the types of policies implemented by the Union. The establishment by the Court of the properties characteristics of EAEU law — such as primacy, direct effect and direct applicability — constitutes, according to the authors, a necessary precondition for its effective development and application, and paves the way for its use to protect the individuals’ rights and legitimate interests in the national legal systems.The article contains an analysis of the main legal findings of the EAEU Court in 2017–2018. The case-law of the EAEU Court is analysed examined from several perspectivesangles: its influence on the application of EAEU law in the Union and the Member-States and from a comparative perspective taking EU law and the case-law of the CJEU as a point of reference. The Court’s judgments and advisory opinions addressed various issues pertaining to competition law, customs regulation, free movement of goods and workers, labour relations with the EAEU bodies’ employees and officials. Most notably, the Court has formulated the essential properties characteristics of EAEU law and provided a definition for the types of policies implemented by the Union. The establishment by the Court of the properties characteristics of EAEU law — such as primacy, direct effect and direct applicability — constitutes, according to the authors, a necessary precondition for its effective development and application, and paves the way for its use to protect the individuals’ rights and legitimate interests in the national legal systems.

Added: Mar 1, 2019
Article
Плешков Д. В. Закон. 2011. № 1. С. 137-140.
Added: Mar 17, 2011
Article
Третьяков С. В., Ворожевич А. С. Закон. 2017. № 8. С. 140-165.
Added: Oct 23, 2017
Article
Селивановский А. С., Селивановская М. Е. Закон. 2011. № 10. С. 98-103.
Added: Oct 10, 2012