Courier of Kutafin Moscow State Law University (MSAL))最新文献_第5页

The Ways to Overcome Sanction Pressure: from External Management to Payment of Compensation under the Rules of International Treaties 克服制裁压力的方法：从外部管理到根据国际条约规则支付赔偿金

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-12-18 DOI: 10.17803/2311-5998.2023.109.9.031-040

V. A. Kanashevsky

{"title":"The Ways to Overcome Sanction Pressure: from External Management to Payment of Compensation under the Rules of International Treaties","authors":"V. A. Kanashevsky","doi":"10.17803/2311-5998.2023.109.9.031-040","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.109.9.031-040","url":null,"abstract":"Sanctions which were imposed by unfriendly nations on the Russian state, legal entities and individuals are unilateral coercive measures which have no basis in international law. They are indiscriminate since they apply to large groups of individuals and legal entities on the basis of their nationality. They are aimed at infringing on the sovereign rights of the Russian state and changing its policy. For compensation of losses which Russian companies have suffered abroad the latter should be provided with the opportunity to demand that the assets of foreign companies from the relevant unfriendly jurisdictions should be transferred to the external management of the Russian companies. Russian investors are also entitled to seek protection under international investment treaties due to the fact that the expropriation of their property was carried out without legal grounds and without payment of prompt, effective and adequate compensation. The legal reality which exists in relations with unfriendly countries demonstrates the crisis of traditional dispute resolution mechanisms and the necessity for establishing new effective international instruments.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 110","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138995188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Reasonableness of identifying of a priority method of compensation for harm caused to the environment 确定环境损害优先赔偿方法的合理性

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-08-16 DOI: 10.17803/2311-5998.2023.105.5.204-211

A. Y. Ahmedov

{"title":"Reasonableness of identifying of a priority method of compensation for harm caused to the environment","authors":"A. Y. Ahmedov","doi":"10.17803/2311-5998.2023.105.5.204-211","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.105.5.204-211","url":null,"abstract":"Civil law knows two ways of compensation for damage. At the same time, in jurisprudence and in the legal literature, natural compensation is often called the priority method of compensation for harm, caused to the environment. Nevertheless, there are doubts that the allocation of a priority method of compensation for harm, which will be presumed, is justified.Choosing from two methods of compensation for harm, the court must establish the objective possibility of restoring the environment, the need for prompt action, their effectiveness for restoring the environment, and the existence of a restoration project developed and approved in compliance with the requirements of current legislation. The imposition of environmental restoration is ineffective and should not be allowed by the courts, including through the use of penalty. In case of failure of remedial measures or refusal of the delinquent to carry them out, the option of monetary compensation for harm is always available, including offsetting the costs of natural compensation for harm. At the same time, the simultaneous use of two methods of compensation for harm is unacceptable.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130201068","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Ensuring independence in the exercise of functions by the board of directors of joint-stock companies (三)保证股份公司董事会独立行使职权

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-08-16 DOI: 10.17803/2311-5998.2023.105.5.178-187

S. Fedoseev

引用次数: 0

Features of the legal regime of premises 房舍法律制度的特点

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-08-16 DOI: 10.17803/2311-5998.2023.105.5.170-177

S. A. Somenkov

{"title":"Features of the legal regime of premises","authors":"S. A. Somenkov","doi":"10.17803/2311-5998.2023.105.5.170-177","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.105.5.170-177","url":null,"abstract":"The article examines the state of legal regulation in the field of real estate in relation to such immovable things as premises. The changes made to the legal regime of premises by Federal Law No. 430-FZ dated 21.12.2021 are analyzed. The author examines the general definition of premises introduced in the Civil Code of the Russian Federation by this Law, identifies the inherent shortcomings of this definition. The article shows that a room as a real estate object has a derivative (secondary) character in relation to the building or structure of which it is a part.Considering the legal regime of residential premises, the author analyzes its features, in particular its isolated nature. The article shows the features of certain types of residential premises. At the same time, the author notes the fallacy of including a residential building, which is a building, and not a room, in the composition of residential premises, and suggests a solution to this problem. The author also examines the contradictions in judicial practice on the issue of recognizing a part of a residential building as an independent real estate object. Special attention is paid by the author to the problem of apartments as non-residential premises adapted for living.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131213978","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Agricultural insurance with state support: the interaction of private and public interests 国家支持下的农业保险:公私利益的互动

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-08-16 DOI: 10.17803/2311-5998.2023.105.5.212-220

N. V. Vasilenko

{"title":"Agricultural insurance with state support: the interaction of private and public interests","authors":"N. V. Vasilenko","doi":"10.17803/2311-5998.2023.105.5.212-220","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.105.5.212-220","url":null,"abstract":"The article discusses the features of agricultural insurance with state support. It is noted that there are significant problematic aspects in the developing field. The increased difficult-to-calculate risk of losses of agricultural producers from adverse climatic conditions causes increased risks for the financial stability of insurance organizations engaged in agricultural insurance. The lack of state support in the implementation of insurance (reinsurance) of agricultural risks contributes to the inclusion of restrictive conditions by insurers in agricultural insurance agreements that minimize risks, overstatement of insurance tariffs, and refusals of insurance payment. The most effective is the existing system of agricultural insurance for large farms that have the ability to minimize and prevent losses, which makes it difficult to develop competitive principles in agricultural production, hinders the development of small and medium-sized agribusiness. This is also facilitated by legislative restrictions on preferential insurance of agricultural cooperation entities for which the law doesn’t provide for state support. The article substantiates the causal relationship between the imperfection of the system of state support for agricultural insurance and the problems of a civil nature in this area. ","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127211360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Actual seizure of land for state and municipal needs: legal nature and methods of protection 为国家和市政需要实际征用土地:法律性质和保护方法

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-08-16 DOI: 10.17803/2311-5998.2023.105.5.188-196

N. M. Frolova

引用次数: 0

Features of property liability for environmental offenses 环境犯罪的财产责任特征

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-08-16 DOI: 10.17803/2311-5998.2023.105.5.197-203

V. D. Kravets

{"title":"Features of property liability for environmental offenses","authors":"V. D. Kravets","doi":"10.17803/2311-5998.2023.105.5.197-203","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.105.5.197-203","url":null,"abstract":"One of the main factors of sustainable development is the preservation of the environment and natural resources, which is impossible without a well-functioning system for preventing environmental offenses and eliminating their consequences. In this system, a special place belongs to the institution of responsibility. The work is devoted to the analysis of the features of property liability for environmental offenses, the establishment of its relationship with civil liability. As features of the responsibility under consideration, its “overcompensation nature” is highlighted, as well as the possibility of bringing the offender to “double” responsibility in the form of payment of monetary compensation and compensation for harm in kind. These features are explained by the nature of the benefits encroached upon by an environmental offense, as well as the need to overcome the costs of law enforcement associated with the problems of determining the amount of harm caused to the environment.The analysis allows us to conclude that property liability for environmental offenses, which has a number of specific features, nevertheless corresponds to the nature and features of civil liability, which allows us to apply to it the principles and mechanisms developed by civil law.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"353 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116359621","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Regulation as a source of Russian law: concept and types 作为俄罗斯法律渊源的规制:概念和类型

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-08-16 DOI: 10.17803/2311-5998.2023.105.5.225-232

V. A. Nazaykinskaya

引用次数: 0

Realization of interests through private and public law 通过私法和公法实现利益

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-08-14 DOI: 10.17803/2311-5998.2023.105.5.112-121

D. Tumanov

{"title":"Realization of interests through private and public law","authors":"D. Tumanov","doi":"10.17803/2311-5998.2023.105.5.112-121","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.105.5.112-121","url":null,"abstract":"The article reflects a discussion about the meaning of the division of law into private and public. The author agrees with the researchers, who believe that through any legal norm, regardless of its sectoral affiliation, both private and public interests are realized. In this case, we are even talking about the fact that in itself the ordering of social relations by any legal norm is essential for society and does not allow chaos in relations. The civil law regulation itself contains a mechanism that ensures a balance of both various private and public interests. Confirmation of this to a greater or lesser extent can be found in almost any norm of civil law. Public law, like private law, ensures the implementation of both public and private interests. Entering into various public legal relations in many cases is aimed at satisfying the interests of individuals and is based on their will. Public and private legal blocks are characterized by many features. Raising the question of public and private legal blocks, must understand that the regimes (methods) for regulating social relations by them are more than important, since the establishment of a regime that does not correspond to the essence of certain relations can lead to the impossibility of realizing certain kinds of interests. Thus, the realization of interests (especially private ones) through civil legal relations is mainly possible in the regime of free will. In public branches of law, at least one of the parties does not have the freedom to decide whether to enter into a legal relationship. In addition, as a general rule, unlike private legal relations, public legal relations imply a certain control, which is necessary to ensure both public and private interests.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131564931","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The status of a family member and its impact on participation in civil legal relations 家庭成员的身份及其对参与民事法律关系的影响

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-08-14 DOI: 10.17803/2311-5998.2023.105.5.085-091

A. Kasatkina

{"title":"The status of a family member and its impact on participation in civil legal relations","authors":"A. Kasatkina","doi":"10.17803/2311-5998.2023.105.5.085-091","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.105.5.085-091","url":null,"abstract":"The article examines the issue of participation of family members in civil legal relations. Cases are considered when the status of a family member is the basis for the emergence, change and termination of certain rights and obligations. The status of a family member gives such a person rights and establishes duties; provides for prohibitions and restrictions; benefits, etc. The problem of determining the status of a family member is also analyzed as a solution to legal relations in connection with the presence of such phenomena as family interest, which is a manifestation of the peculiarity. Due to the fact that in this case there is a clash of civil law and family law mechanisms for the exercise of rights, when the provision that citizens (individuals) acquire and perceive situations with their civil rights of their will and in the interests (paragraph 2 of Art. 1 of the Civil Code of the Russian Federation) adoption of the provisions of family law on the resolution of intra-family issues by mutual agreement. It is concluded that the purpose of legislative changes should be to maintain a balance between the rights and interests of an individual and the rights and interests of the family and family member as a subject of rights","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"280 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122954903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0