Pravo-Zhurnal Vysshei Shkoly Ekonomiki最新文献

{"title":"Sectoral Agreement’s Regulation of Employees’s Participation in Enterprise Affairs","authors":"S. Kazakov","doi":"10.17323/2072-8166.2019.5.148.166","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.5.148.166","url":null,"abstract":"","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"21 1","pages":"148-166"},"PeriodicalIF":0.3,"publicationDate":"2019-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72723864","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}

{"title":"Natural Resources Management in Federation: Canadian Model","authors":"S. Danilov","doi":"10.17323/2072-8166.2019.5.215.236","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.5.215.236","url":null,"abstract":"","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"10 1","pages":"215-236"},"PeriodicalIF":0.3,"publicationDate":"2019-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74978816","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}

{"title":"Regulatory Impact Assessment and Risks in Law: Experience of Russia and Continental Europe","authors":"Yuru Arzamasov","doi":"10.17323/2072-8166.2019.5.4.31","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.5.4.31","url":null,"abstract":"","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"27 1","pages":"4-31"},"PeriodicalIF":0.3,"publicationDate":"2019-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76678984","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}

{"title":"Evolution and Cessation of the Existence of Customary Rules of International Law","authors":"Y. Romashev","doi":"10.17323/2072-8166.2019.4.122.143","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.4.122.143","url":null,"abstract":"","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"5 1","pages":"122-143"},"PeriodicalIF":0.3,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72527702","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}

{"title":"Alteration of Time Limits of Performance of Tax Liability in the Russian Tax and Customs Law","authors":"N. K. Aleksandr, A. Aleksandr","doi":"10.17323/2072-8166.2019.4.31.51","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.4.31.51","url":null,"abstract":"","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"65 1","pages":"31-51"},"PeriodicalIF":0.3,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89631864","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}

{"title":"Legal Basis of Protection of Nature and the Role of Courts while Protecting Nature in Lithuania","authors":"Gintautas Danishauskas","doi":"10.17323/2072-8166.2019.4.208.221","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.4.208.221","url":null,"abstract":"It is commonly understood that nature has the biggest value for humanity. The article examines and analyzes the legal framework for nature conservation and issues related to state institutions including the judiciary’s role in protecting and preserving the environment and its individual objects. Also article analysis how courts contribute to the highest human values - the protection and enhancement of nature while administering justice. On nature and its resources depends what kind of economy we will have and develop in the future on state and global scale. While speaking about the economic issues O. Blanchard states that it is also important for everyone to know not only what to expect today, but what to expect in the future too. Since the nature and its objects are especially important human value for their protection the state institutions, inspections and judicial authority are mobilized as The Constitution of the Republic of Lithuania states that judicial authority works to protect the human rights. It means that the judicial power as well as other two powers is also responsible for nature protection as it is a right of all humans. The work also analyzes the statistics of nature protection and the executive’s contribution to the protection of nature. The topic is relevant because it examines the issue concerning not only a particular area of our social life, but also each one of us. In international and national acts of nature protection and in final decisions of courts reinforces the legal imperative of providing a regulatory framework for the protection of nature and also establishes the right for all subjects to use natural goods. This inevitably affects not only each one of us but also the whole society and the state. Although the topic of environmental protection is not basically new, there is no detailed examination about current legal framework and judicial significance for the protection of nature in Lithuanian researches. That is why this issue is not fully investigated and it can manifest only by the individual phrases without a specific study conclusions.","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"1 1","pages":"208-221"},"PeriodicalIF":0.3,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72972340","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}

{"title":"Discretionary Nature of Administrative Act as a Circumstance Precluding Judicial Review of its Legality","authors":"Yuriy P. Solovey","doi":"10.17323/2072-8166.2019.4.72.99","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.4.72.99","url":null,"abstract":"","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"107 1","pages":"72-99"},"PeriodicalIF":0.3,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79317911","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}

{"title":"Digital Transformation in France: Legal Innovations","authors":"E. Talapina","doi":"10.17323/2072-8166.2019.4.164.184","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.4.164.184","url":null,"abstract":"In the article legislative regulation of the digitalization process in France as well as therelevant legal doctrine are analyzed. A research objective is a determination of the maincharacteristics of this process so as to compare with similar processes in the RussianFederation that the author does by means of general legal and comparative legal methods.The present period of the digital technologies application in France is connected with theplatform economy and uberisation having an impact on a legal status of citizens and theirrelationship with administration. Active development of the modern legislation devotedto the digital state is connected, firstly, with settlement of a movement of data. Theprinciple of openness by default mentioning the public data (data created by authorities)and general interest data (data on administrative contracts, subventions) is established.Authorities are obliged to publish these data online in the open data format. Secondly, thedigital State takes care of regulation of the human rights protection in digital society; it isbased on the principle of the Internet neutrality. Strengthening of consumer protectionis promoted by data portability and platform loyalty which suppliers of Internet servicesare obliged to provide. As the European General Data Protection Regulation 2016/679was adopted, it is implemented in the French legislation by means of a big number ofthe norms including specifying procedures of protection of the personal data rightsowners. Thirdly, access to digital technologies is differentiated. The French legislationwas enriched with the right to the Internet, but also provided this right with obligationsof the State, having introduced the state financial aid concerning payment of Internetservices costs by analogy with utility costs. The main conclusion of the conductedresearch consists in complexity of the legislation reforming for rapid implementation ofdigital technologies to the most different spheres of life. At the same time France is closelyinvolved in the common European process and aimed on the international cooperationin this sphere. Among comparative legal key reference points are useful to Russia, forexample, is one concerning personal data protection. With that the research showed thatthere are spheres in which Russia is quite well developing (for example, digitalisation ofpublic services).","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"73 1","pages":"164-184"},"PeriodicalIF":0.3,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86251999","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}

{"title":"Twists and Turns in Implementation of Subsidiarity in the European Union","authors":"O. Pimenova","doi":"10.17323/2072-8166.2019.4.144.163","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.4.144.163","url":null,"abstract":"","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"7 1","pages":"144-163"},"PeriodicalIF":0.3,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75922337","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}

{"title":"On the Concept of Legal Symbols within Scope of the Institutional Legal Approach","authors":"I. Maltsev","doi":"10.17323/2072-8166.2019.4.100.121","DOIUrl":"https://doi.org/10.17323/2072-8166.2019.4.100.121","url":null,"abstract":"The article analyzes the approaches to study the phenomenon of legal symbols in thescience of law. The author pays attention to the fact that the existing approaches tostudy the symbols restrict the scope of their comprehension to the analyzing the legalforms within the historical-legal and technical-legal paradigms. The historical-legalapproach restricts the scope of the respective research works to the issues of the legalform building, where the notion of a ‘symbol’ is correlated to the notion of a ‘custom’.Here, beyond the historical context, the category of legal symbols frequently loses all andany legal significance and cannot be considered as the corresponding legal institution.Within the scope of the technical-legal approach symbols are considered just as asupplementary tool of the legal regulation or a tool of the legal technique. These methodsare unable to unfold the whole nature of symbols and do not allow us to solve the issue oftheir legal institutionalization. The author gives critical assessment of those researchers’considerations on the legal symbols, which are ambiguous in terms of the terminologicalborders of this scope, warning about the risk of penetration of questionable theoreticalstructures into the positive law. The research applies the institutional-legal approach tosymbols supported by induction through the search for the objects, which can be includedinto the notion of a ‘legal symbol’ as an intersectional legal institution with consideration ofthe important characteristic features of this concept, mentioned in the general scientificconcepts and the science of law, as well as with consideration of the terminologicalpractice expressed in the acts of law. The author’s definition of the legal symbols withinthe scope of the institutional-legal approach is based on the complex of the followingsignificant features: conditional character (conventionality); multiple meaning; specialvalue; exclusive legal correlation with the bearing subject; uniqueness; stability; legalmediation; 8) external objectification in a special form. The mentioned features allow usto distinguish the legal symbols from a broader category of social symbols, as well as todemarcate them from the adjacent sign phenomena with the legal importance.","PeriodicalId":42704,"journal":{"name":"Pravo-Zhurnal Vysshei Shkoly Ekonomiki","volume":"1 1","pages":"100-121"},"PeriodicalIF":0.3,"publicationDate":"2019-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73036997","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}