Contents of issue # 1/2013

On Private and Public Interests in Development of Corporate Law

E. A. Sukhanov

doctor of jurisprudence, professor

E-mail: civil@law.msu.ru

The article considers the correlation of private and public interests, the efficiency of use of economic and legal methods in the civil legislation reforming. Special attention is given to the problems of conformity of the corporate law sources to fundamental categories of justice and morality forming the basis of the law concept.

Keywords: private and public interests in civil law, corporate law, civil legislation reform.

​Public and Private Interests of Legal Persons Performing Public Functions

V. E. Chirkin

doctor of jurisprudence, professor

E-mail: igpran@rambler.ru

The construction of legal body, arised from the civil circulation, became usable for different formations in the sphere of public activity. The author suggests the concept of legal body of public law and statutory wording for the project of redrafting to the Civil Code of the Russian Federation.

Keywords: legal body, legal body of public law, legal body of private law, organization, formation.

Public Law and Private Law Origins in the Activity of the Deposit Insurance Agency

A. V. Kryazhkov

PhD in law

E-mail: civil@izak.ru

In the article the researcher analyses the legal status of State Corporation «Deposit Insurance Agency» and its activities regulated both by the private and public law.

Keywords: Deposit Insurance Agency, insolvency, bank, deposit insurance, warning insolvency.

On Conjunction of Private and Public Origins in Legal Regulation of Entrepreneurial Activity

V. K. Andreev

doctor of jurisprudence, professor

E-mail: civil_law_raj@mail.ru

The article offers to provide for the special legal capacity of the commercial legal entities, forms of liabilities and methods of legal enforcement for the in the individual entrepreneur within the special federal law.

Keywords: legal capacity of the legal entity, individual entrepreneur, small and medium enterprises.

Content of Corporate Relations

O. V. Gutnikov

PhD in law

E-mail: civil@izak.ru

The article studies the civil nature of the corporate relations. Their structure and content are analyzed in the context of the governance of any legal persons (not with respect to corporate organizations exclusively). The author concludes on the imperative approach to the regulation of corporate relations, which is necessary for securing the balance of the interests of the corporate members and creditors of the corporate organization.

Keywords: corporate relations, corporate law, corporate legislation, corporations.

Non-commercial Legal Persons: Internal and External Conflicts

S. V. Solovyova

PhD in law

E-mail: foreign3@izak.ru

The article is devoted to the different conflicts of interests which arise in the activities of non profit organizations and legal methods of its settlement. Author differentiates all conflicts as internal and external. Among external conflicts is distinguished conflict of private and public interests.

Keywords: non-commercial legal persons, conflict of interests, participant of conflict, private and public interests, legal methods of conflicts settlement.

Experience of Codification of Private Law in the Czech Republic

O. M. Sakovich

PhD in law

E-mail: foreign3@izak.ru

The following topics are examined in this article: origins of emergence of private law dualism in former Czechoslovakia, stages of development of civil and trade legislaion of Czechoslovakia before its dissolution, process of renewal of civil legislation and creation of Trade code after “Velvet Revolution” in 1989 as well as process of reforming of private law in the Czech Republic at the present time. Author examines changes introduced by the legislator into civil and trade law as well as structure of new laws.

Keywords: private law, dualism of private law, reform of private law, civil law, trade law, civil legislation, Civil Code, Trade Code, Czech Republic, Slovak Republic.

Notion of Damages in Civil and Land Law

Yu. G. Zharikov

doctor of jurisprudence

E-mail: ecology@izak.ru

Notes the differences between the terms of damages in civil and in land law caused by the fact that in the land relations land is not only a property, but also a natural object. Revealed the meaning of the terms: loss, damage, harm, property benefit, the amount of losses and etc.

Keywords: damages, compensations, loss, loss of profits, fees of damages, the amount of damages, confiscation of land, harm, offenses special protection of the land.

Legislative Regulation of Procedure of Provision of Rehabilitation Services to Disabled Persons

R. N. Zhavoronkov

PhD in law

E-mail: javoronkov@mail.ru

The article considers the problems of legal regulation of procedure of providing rehabilitation services to disabled persons in Russia. In article researches are analyzed the national and foreign scientific works concerning the effectiveness of the expenditures for the people with disabilities rehabilitation. It also considers the Russian legal regulations concerning the assignment of different rehabilitation forms. There is a conclusion in the article that the most right approach is the federal budget financing of all forms of the people with disabilities rehabilitation.

Keywords: people with disabilities, people with disabilities rehabilitation, social welfare law, technical means of rehabilitation, indemnity for the cost of rehabilitation.

Possession in Classical Roman Law and Modern Legislation

V. A. Saveliev

doctor of jurisprudence, professor

E-mail: theory@izak.ru

This article examines the theoretical problems of the Roman classical period of possession. The author offers a number of changes on important theoretical issues of possession in Roman law. This article was written based on Roman law sources.

Keywords: possession, owner,s will, interdict, good possession and legitimate (legal) possession, ownership.

On Jurisdictional Powers of Courts of General Jurisdiction and Arbitration Courts over Economic Disputes

P. P. Serkov

doctor of jurisprudence

E-mail: ryabzin_ra@vsrf.ru

The article is devoted to the delineation of jurisdictional powers of the courts of general jurisdiction and arbitration courts on economic disputes. The article reveals the concept and content of an economic dispute which allows create the concept of jurisdictional powers of arbitration courts.

Keywords: court of general jurisdiction, arbitration court, the jurisdictional authority, economic dispute.

Neoliberal Type of Understanding of Law (the Second Half of the 19th Century — the Beginning of the 20th Century)

A. V. Popova

PhD in law

E-mail: Anna0710@yandex.ru

In article the neoliberal type of the neoliberal integrality of law, had the development in political life of Russia on a boundary XIX—XX is considered centuries. The author compares the modern views on matters of law with the views of representatives of the idealistic and positivist directions of Russian neoliberal political and legal doctrine, and concludes that the neoliberal integrality of law.

Keywords: interpretation of law, the idea of law, the neoliberal political and legal doctrine, the integral of law, natural law, positivism, sociological and psychological school of law.

Compensation Fund of Self-Regulatory Organizations: Legal Basis of Formation and Disposal of Funds

S. V. Kruzhkova

E-mail: study@izak.ru

The author analyzes formation of compensation fund of a self-regulating organization in development sphere, its legal nature and limitations for usage of compensation fund by the organization. On the basis of the analyze the author defines nature of compensation fund fees and reasons for payment of the said fees, gives her own definition of the said fees, shortly characterizes limitations of organization’s ownership title to compensation fund means.

Keywords: self-regulating organization, fees, compensation fund, target property, ownership restrictions.

Bilateral International Treaties as a Factor of Provision of Rights of Child

А. A. Makeeva

E-mail: anna.a.makeeva@gmail.ru

International legal regulation of adoption of Russian children by foreign citizens is one of the most pressing issues today. Existing laws don’t effectively exercise control over the children adopted by foreigners. The author of this article examines the practice of international adoption in foreign countries and offers the entering into bilateral agreements on cooperation in the field of adoption of children with the foreign states as the main way of protection of the Russian children nowadays.

Keywords: the protection of the rights of orphan children, international law, the international adoption, adoption of the Russian children by foreigners, bilateral international treaty.

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