Contents of issue # 1/2014
Administrative Liability in the System of Public-Private Responsibility
S. M. Zyryanov
doctor of jurisprudence, professor
E-mail: adm@izak.ru
Administrative liability is used as an universal controller of public relations. But there are no objective criteria to distinguish it from criminal liability. The author explores published points of view on this problem and offers to use a sign of public danger.
Keywords: administrative liability, criminal liability, administrative offence, crime, public danger.
DOI: 10.12737/1811
Contractual Responsibility and Economic Crisis
A. S. Komarov
doctor of jurisprudence, professor
E-mail: aleksandr_komarov@vavt.ru
The article deals with the problems of regulating the situation which arises in connection with changed circumstances resulting in creating hardships in performance of the contract. The author attempts to evaluate the practice of application of Art. 451 of the Civil Code of the Russian Federation that provides corresponding rules. Evolution of the law on hardships in major civil law jurisdiction is also addressed to in the article.
Keywords: contract, responsibility, changed circumstances, contract adaptation, contract cancellation, economic force majeure.
DOI: 10.12737/1951
Codification of Rules of Corporate Legislation on Liability of Managers for Damages Caused to Legal Entities
O. V. Gutnikov
PhD in law
E-mail: civil@izak.ru
The article covers various matters relating to liability of managers for damages. It contains analysis of particular corporate law rules in question with specific focus on the decree of Plenary meeting of the Supreme Court of the Russian Federation of July 30, 2013 N 62 “Certain Matters Connected with Compensation of Damages by Members of Management in Legal Entities”. The author comes to the conclusion that the rules of liability should be uniform irrespectively of the particular type of legal entity. There are also justifying arguments in support of introduction and codification of general provisions regarding liability of managers into the Russian Civil Code.
Keywords: legal entity, managers liability, codification of the corporate law, compensation.
DOI: 10.12737/1812
Institute of Legal Responsibility as a Constituent of Land Legal Order
E. A. Galinovskaya
PhD in law
E-mail: ecology@izak.ru
Article confirms the view that legal responsibility in land relations is an integral part of law and order. The main goal of such responsibility is to ensure the rational use of land in the Russian Federation. This paper analyzes the main challenges of legal responsibility which relate to both the contradictory provisions of regulations and law enforcement. The author also pays attention to the ways to improve the legislation.
Keywords: land, land plot, legal responsibility, law order.
DOI: 10.12737/1813
Mechanism of Security Function of Self-Regulation
V. V. Kvanina
doctor of jurisprudence, professor
E-mail: vv.kvanina@mail.ru
The article analyzes the provisional function of self-regulation by the example of auditing and arbitration management. The elements of this function are the liability insurance and compensation fund. It is proved that in the field of auditing provisional function is purely nominal, since the mechanism of its implementation is not defined by law, in the field of arbitration management this function is distorted by the Federal Law “On Insolvency (Bankruptcy)”.
Keywords: self-regulation, auditor, trustee in bankruptcy, provisional function of self-regulation, liability insurance, compensation fund.
DOI: 10.12737/1815
Quality and Accessibility of State Services in the Social Sphere as an Indicator of Efficiency of Activities of Executive Authorities
O. Yu. Eremina
E-mail: social@izak.ru
This article discusses how to ensure the quality of the executive authorities and the availability of public services in the social sphere.
Keywords: public service, social service, executive power, efficiency, quality, affordability.
DOI: 10.12737/1817
Legal Solutions in the Economic Sphere
O. A. Akopyan
PhD in law
E-mail: fin@izak.ru
In this article the author researches a measure of regulation of the economic relations, legal risks, limits of legal regulation in economic sphere, indicators of economic efficiency and expediency of their legal regulation. It is offered to understand as legal decisions use of legal tools for realization of the purposes of economic policy of the state.
Keywords: economy, regulation, decontrol, decisions, model, finance, bank, borders, the state.
DOI: 10.12737/1818
Indirect Judicial Normative Control: Notion and Issues of Realization
S. V. Nikitin
doctor of jurisprudence, professor
E-mail: svnikitin@hotbox.ru
The author analyses the concept and content of the indirect normative control in civil and arbitral proceedings as a form of judicial control in rule-making. By indirect judicial normative control the author means supervisory activity of general jurisdiction courts and arbitration courts aimed at verification of legality (eligibility) of legal commands subject to be applied during proceedings and adjudications in a specific legal file initiated unrelated to the verification of this legal command. The author notes lack of completeness and uniformity in legal regulation of indirect judicial normative control issues. The author analyses the attitude of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on the problem of enforcement of general jurisdiction courts’ right to verify in specific cases federal laws and other laws and regulations, and direct applicability of the Constitution of the Russian Federation. The author offers for consideration measures, allowing the creation of necessary conditions for barring the action of legal commands, invalidated by a court during carrying out the indirect normative control and for their subsequent elimination from the Russian statutory and regulatory system.
Keywords: laws and regulations, rule-making, indirect judicial normative control, legality of legal commands.
DOI: 10.12737/1820
Foundations of Constitutional Legal Responsibility in the Field of Normative Control
N. I. Yaroshenko
PhD in law
E-mail: yaroshenkoni@yandex.ru
The author’s concept “constitutional delict” of the compliance assessment sphere is given, bases of realization of constitutional and legal responsibility are considered, problems of attraction to constitutional and legal responsibility in Russia are revealed.
Keywords: compliance assessment, bases of constitutional and legal responsibility, constitutional delict.
DOI: 10.12737/1821
Criminal Liability for Unlawful Actions in Bankruptcy in the USA
S. P. Kubantsev
PhD in law, associate professor
E-mail: spkubantsev@mail.ru
The article describes the application of criminal law in the United States to persons who commit crimes during or immediately before of the bankruptcy, initiated into the United States. The focus is on the judicial interpretation of legislative criteria bankruptcy fraud.
Keywords: criminal legislation, crime, bankruptcy, punishment.
DOI: 10.12737/1822
Legal Basis of Non-Union Employee Representation in Germany
K. V. Plamennova
E-mail: phard@list.ru
In the article experience of production councils in Germany in which the idea of not trade-union representation received the widest embodiment is analyzed.
Keywords: German labour law, employee representation, workers’ participation.
DOI: 10.12737/1823
Historical Features of Origin of Primary Criminal Prohibitions
S. A. Markuntsov
PhD in law, associate professor
E-mail: sam.hse@mail.ru
The article considers different approaches to the issue of genesis of law. Examines the social nature and form of rules of common law. The author comes to the conclusion that existed in the primitive society-of prohibitions is taboo, in fact, were of a criminal-law nature, and taboo of, in spite of individual differences mechanism of action, is the su-community primary form of criminal-legal influence.
Keywords: genesis of law, common law, taboo, legal prohibition in the criminal law.
DOI: 10.12737/1825
On the Notion of Legal Responsibility
V. F. Yakovlev
corresponding member of the Russian Academy of Sciences, doctor of jurisprudence, professor
E-mail: editor2@izak.ru
The author on the example of criminal and civil law compares the approaches to the regulation of the issues of responsibility in the public and private law. It is concluded that for the full implementation of the measures of responsibility need effective institutions of public protection.
Keywords: legal responsibility, civil law, criminal law, responsibility measures, protection measures, coercive measures.
DOI: 10.12737/1806
Constitutional Foundations of Legal Responsibility and Constitutional Legal Responsibility
G. A. Gadzhiev
doctor of jurisprudence, professor
E-mail: ksa@ksrf.ru
This article attempts to address the concept of “public responsibility”, as well as the problem of relationships between branches of legal responsibility and responsibility in a negative and a positive sense, from the standpoint of the philosophy of law, including the dispute between nominalists and realists. In addition, the phenomenon of the direct action of constitutional principles of legal liability and the problem of “constitutionalization” of legislation on administrative offenses are analyzed on the basis of the Constitutional Court of the Russian Federation practice.
Keywords: public responsibility, realism, nominalism, practice of the Constitutional Court of the Russian Federation, administrative fines.
DOI: 10.12737/1808
