Народ и власть: взаимодействие в истории и современности: сб. научн. тр.
The book represents the second release of the collection of articles published by faculty of the right of the Nizhny Novgorod branch of National research university "Higher School of Economics" and devoted to the retrospective analysis of interaction of the power and society. The big place is allocated for legal and historical and legal aspects of such interaction. The special attention is paid to history of public institutions and interaction of the power and society from antiquity prior to the beginning of the XX century. A number of problems of the Russian history of this period is considered on materials of the Nizhny Novgorod region. This book is dated for 70-year anniversary of the remarkable scientist, law historian, the famous in Russia bibliophile and the local historian – the doctor of jurisprudence, professor Yury Grigoryevich Galaya. The edition is addressed to the scientists, students, graduate students, teachers of higher education institutions all who are interested in matters of law and managements by history of state and law, study of local lore.
In the article the analyzes of the creation of a commercial corporate organization as a form of a legal entity is made. The author revealed the absence of a normative regulation of the concept of the commercial corporation and formed the appropriate definition; defined the constitutional foundations of the combination of the private and public interests in the creating process of the commercial corporation; established the combination of the private and public relations in the formation of the legal personality of commercial corporation; analyzes the stages of its creation.
The article is dovoted to the main stages of making of the Welsh March, which denoted the borderland between England and the Principality of Wales. The particular status of the March of Wales connected with the Law of the March, derived from Norman, Welsh and English laws and customs.
The article is devoted to the protection of antiquities in the Russian Empire in the second half of the nineteenth century. Attention is drawn to the interaction of Church and State in the conservation of ecclesiastical antiquities. Documents from the collections of the Russian state historical archive are borrowed. There are some historical analogies with modern collaboration of Church and State.
The paper dwells on historical aspects of the interaction between Russia’s Federal Customs Service and Russia’s Federal Tax Service. The article reviews its legal regulation. The study gives an insight in the spheres of the services’ cooperation and the problems associated, and suggests their possible solutions and the ways of further optimization of customs and tax authorities’ performance. The research discovers pros and cons of Customs and Tax services’ merger in the context of contemporary development of the state and explores the experience of foreign countries. The authors come to a conclusion of the expediency of such structural merger.
It is important to consider the Institution of the State registration of rights to real estate and transactions with it as a method of protection of rights of participants of the civil turnover. The issues of the legal regulation of the definition and content of the state registration of rights to real estate and transactions with it are considered on the basis of the current and future legislation.
The article is devoted to the periods of migration legislation of the Russian Federation, especially to the modern period. Particular attention is drawn to the factors affecting the choice of means of legal regulation of migration relations in different periods of development of Russian legislation.
The article is devoted to the issue of correlation between the basic principles of public and private law in the legal regulation of the nationalization institution. The author establishes and describes the legal nature of nationalization, examines requirements for the latter to be consistent with the law, as well as the consequences of violation of these requirements.