Teoretičeskaâ i prikladnaâ ûrisprudenciâ最新文献

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Formation of the Concept of “Administrative Act” in the European Administrative-Legal Doctrine 欧洲行政法学理论中“行政行为”概念的形成
Teoretičeskaâ i prikladnaâ ûrisprudenciâ Pub Date : 2023-09-01 DOI: 10.22394/2686-7834-2023-3-18-29
Vladimir V. Maslov
{"title":"Formation of the Concept of “Administrative Act” in the European Administrative-Legal Doctrine","authors":"Vladimir V. Maslov","doi":"10.22394/2686-7834-2023-3-18-29","DOIUrl":"https://doi.org/10.22394/2686-7834-2023-3-18-29","url":null,"abstract":"The article focuses on the formation of the main approaches to the content of the concept of an administrative act in European administrative law. The subject of the analysis is either the rule of law or the doctrine of France, Germany, Italy and Spain. The author notes that administrative act as an independent category arises in France as a result of the creation of a separate administrative jurisdiction. The article gives a detailed analysis of the evolution of approaches to the administrative act in France, as a result, the author shows gradual narrowing of its content and reveals its prerequisites. The author states that the interpretation of the administrative act given by M. Hauriou as an expression of the will of the administration in order to cause legal consequences served as the basis for the application (with some adaptation) civil law developments regarding legal transactions (invalidity of administrative acts, conditional administrative acts, etc.) to administrative act. The article examines the approaches of the German doctrine and shows common features and differences between the concept of an administrative act in Germany and in France. The study determines construction of an administrative act by analogy with a judicial decision as a characteristic feature of the German legal order. In this regard, its focus on the settlement of a specifi c case becomes its key parameter, which, unlike France, excluded the possibility of considering regulatory acts of the administration as a type of administrative acts. Much attention is given to the approaches to the administrative act in Italy and Spain. The author shows that these countries point departed from the French and German traditions in the middle of XX century and adopted a much broader defi nition of the administrative act.","PeriodicalId":498776,"journal":{"name":"Teoretičeskaâ i prikladnaâ ûrisprudenciâ","volume":"2010 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639230","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
Improving the Conditions for the Provision of Tax Benefi ts in the Framework of Consuming Relations on State Support of Capital Investments 在国家支持资本投资的消费关系框架下,改善税收优惠的提供条件
Teoretičeskaâ i prikladnaâ ûrisprudenciâ Pub Date : 2023-09-01 DOI: 10.22394/2686-7834-2023-3-60-69
Pavel S. Alpatov
{"title":"Improving the Conditions for the Provision of Tax Benefi ts in the Framework of Consuming Relations on State Support of Capital Investments","authors":"Pavel S. Alpatov","doi":"10.22394/2686-7834-2023-3-60-69","DOIUrl":"https://doi.org/10.22394/2686-7834-2023-3-60-69","url":null,"abstract":"This article discusses the application of newly introduced investment benefi ts to investment projects for the implementation of capital investments that began and (or) ended to the appropriate change in the legislation. As a signifi cant direction in the development of the state tax policy in the fi eld of stimulating capital investments, the need for a balanced approach is indicated in the resolution of this issue. So, the application of a less favorable previous law should not overcome subsequent norms that provide the best position for the taxpayer. At the same time, unlimited records of past investments for new benefi ts should also not be allowed.","PeriodicalId":498776,"journal":{"name":"Teoretičeskaâ i prikladnaâ ûrisprudenciâ","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639927","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 State-Owned Entities as Investors: The International Legal Framework 国有实体作为投资者:国际法律框架
Teoretičeskaâ i prikladnaâ ûrisprudenciâ Pub Date : 2023-09-01 DOI: 10.22394/2686-7834-2023-3-37-44
Natalia S. Andreeva
{"title":"The State-Owned Entities as Investors: The International Legal Framework","authors":"Natalia S. Andreeva","doi":"10.22394/2686-7834-2023-3-37-44","DOIUrl":"https://doi.org/10.22394/2686-7834-2023-3-37-44","url":null,"abstract":"In this article, the author examines the notion of state-owned entities in the practice of international organisations, and the different approaches to the extension of investor status to state-owned entities under international investment agreements. As a result of the analysis, the author formulates the characteristics of state-owned entities as investors in the international legal context and establishes that in the vast majority of cases state-owned entities are not excluded from the investor concept, and therefore shall be covered by the protection of international investment agreements.","PeriodicalId":498776,"journal":{"name":"Teoretičeskaâ i prikladnaâ ûrisprudenciâ","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639923","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
From Locatio Operarum to Contratto D’Opera: Services Agreement in Italian Legal History 从歌剧地到歌剧合约:意大利法律史上的服务协议
Teoretičeskaâ i prikladnaâ ûrisprudenciâ Pub Date : 2023-09-01 DOI: 10.22394/2686-7834-2023-3-8-17
Mikhail M. Pestov
{"title":"From Locatio Operarum to Contratto D’Opera: Services Agreement in Italian Legal History","authors":"Mikhail M. Pestov","doi":"10.22394/2686-7834-2023-3-8-17","DOIUrl":"https://doi.org/10.22394/2686-7834-2023-3-8-17","url":null,"abstract":"In the article are regarded three stages of services agreement formation in Italian law. Author demonstrates adaption of the Roman Law contract locatio-conductio in Middle Ages and Modern Period and steading forthcoming of differences characterizing this contract across European borders. The fi rst stage of services agreement codifi cation is revealed with the Italian Civil Code of 1865. In the article are explained causes of changes happened at the second stage of codifi cation and the main features characterizing services agreement at the modern Italian Civil Code of 1942. The conducted research shows that after infl uence of French and German legislators Italian scholars produced universal rules for conducting any operation. At the same moment, that rules does not exclude the necessity to divide services agreement from other contracts.","PeriodicalId":498776,"journal":{"name":"Teoretičeskaâ i prikladnaâ ûrisprudenciâ","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639365","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 Main Approaches to the Concept and Types of Charges in the Russian Criminal Process 论俄罗斯刑事诉讼中指控概念和类型的主要途径
Teoretičeskaâ i prikladnaâ ûrisprudenciâ Pub Date : 2023-09-01 DOI: 10.22394/2686-7834-2023-3-45-51
Alexandra V. Bogdanova
{"title":"The Main Approaches to the Concept and Types of Charges in the Russian Criminal Process","authors":"Alexandra V. Bogdanova","doi":"10.22394/2686-7834-2023-3-45-51","DOIUrl":"https://doi.org/10.22394/2686-7834-2023-3-45-51","url":null,"abstract":"The subject of this study is the institute of prosecution in domestic criminal proceedings. In the fi rst part of the article, the author explores the concept of accusation. Approaches are considered in which the accusation was identifi ed both with a criminal suit and with criminal prosecution. The second part of the presented work is devoted to the types of charges and the criteria for their differentiation. A summary analysis of the positions of modern, Soviet and pre-revolutionary researchers of law on this issue is given. Various types of charges are considered depending on the subject entitled to its implementation. Particular attention is paid to the so-called public prosecution, which was supported by citizens who were not endowed with this right ex offi cio. Based on the study, the author comes to the conclusion that the adversarial model of the criminal process is characterized by the presence of various types of charges, as well as various subjects entitled to its implementation. At the moment, in the Russian criminal process there is a so-called “prosecutor’s monopoly” on the prosecution, which is somewhat limited by the presence of a private prosecution. However, a small number of offenses classifi ed as private prosecution, as well as the number of criminal cases in this category considered by the courts, does not change the existing paradigm. Thus, the existing procedure does not fully correspond to the adversarial model of the criminal process.","PeriodicalId":498776,"journal":{"name":"Teoretičeskaâ i prikladnaâ ûrisprudenciâ","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639922","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
Clarification of the Defi nition of Business Reputation in Legal Science 商誉在法学上的定义澄清
Teoretičeskaâ i prikladnaâ ûrisprudenciâ Pub Date : 2023-09-01 DOI: 10.22394/2686-7834-2023-3-91-97
Yuriy V. Yachmenev, Mikhail V. Kibenko
{"title":"Clarification of the Defi nition of Business Reputation in Legal Science","authors":"Yuriy V. Yachmenev, Mikhail V. Kibenko","doi":"10.22394/2686-7834-2023-3-91-97","DOIUrl":"https://doi.org/10.22394/2686-7834-2023-3-91-97","url":null,"abstract":"This article proposes a precise defi nition of the concept of “business reputation”, presents various points of view of lawyers on business reputation. Business reputation is considered as a public assessment acquired in the course of professional, entrepreneurial or other socially signifi cant activities, and the qualities inherent in this activity, a general or widespread opinion about the business qualities, merits of an individual or legal entity. The following methods were used in the study: analysis, comparison, concretization, generalization, study of scientifi c and legal literature and legal acts.","PeriodicalId":498776,"journal":{"name":"Teoretičeskaâ i prikladnaâ ûrisprudenciâ","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639925","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
Audiovisual Work as a Complex Object of Copyright 视听作品作为复杂的版权客体
Teoretičeskaâ i prikladnaâ ûrisprudenciâ Pub Date : 2023-09-01 DOI: 10.22394/2686-7834-2023-3-30-36
Larisa V. Shvarts
{"title":"Audiovisual Work as a Complex Object of Copyright","authors":"Larisa V. Shvarts","doi":"10.22394/2686-7834-2023-3-30-36","DOIUrl":"https://doi.org/10.22394/2686-7834-2023-3-30-36","url":null,"abstract":"The article analyzes the construction of an audiovisual work as a complex object from the point of view of coauthorship. To this end, the genesis of the existing subject composition of the authors of an audiovisual work in Russian law is investigated, and approaches to the defi nition of the authors of an audiovisual work in international legislation are studied. When an audiovisual work is perceived as a multilevel copyright object, its components will be a script, direction, musical accompaniment and other independent works within the framework of the doctrine of a complex copyright object. On the basis of this doctrine, the Russian legislator identifi es four authors of an audiovisual work whose creative contribution is the most signifi cant: a production director, a script writer, a composer who created a musical work specifi cally for an audiovisual work, and a production designer. It is proved that the closed list of authors of an audiovisual work is a characteristic feature of European legal systems that are part of the Romano–Germanic legal family. The Anglo-Saxon approach assumes the granting of all rights to the audiovisual work of the producer.","PeriodicalId":498776,"journal":{"name":"Teoretičeskaâ i prikladnaâ ûrisprudenciâ","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639228","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
On the Problem of Standardization of the Technique оf Normative Legal Acts 论规范性法律行为技术规范问题
Teoretičeskaâ i prikladnaâ ûrisprudenciâ Pub Date : 2023-09-01 DOI: 10.22394/2686-7834-2023-3-82-90
Alexey Yu. Glushakov, Alexandra I. Sobolevskaya
{"title":"On the Problem of Standardization of the Technique оf Normative Legal Acts","authors":"Alexey Yu. Glushakov, Alexandra I. Sobolevskaya","doi":"10.22394/2686-7834-2023-3-82-90","DOIUrl":"https://doi.org/10.22394/2686-7834-2023-3-82-90","url":null,"abstract":"The active development of public relations, the formation of new areas requiring legislative regulation, leads to the adoption of a large number of normative legal acts. The work is carried out in a short time, the practice of “batch” acceptance of documents is widespread, which reduces the quality of regulatory legal acts. Along with this, the terminological apparatus is growing, which leads to contradictions between acts, gaps in legislation. Issues of legal technique require regulatory and methodological reinforcement. This actualizes the adoption of the Federal Law on Regulatory Acts in the Russian Federation, taking into account the study of the shortcomings that were made in previous bills.","PeriodicalId":498776,"journal":{"name":"Teoretičeskaâ i prikladnaâ ûrisprudenciâ","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639233","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 Role of Law in the Formation of the Modern World Multipolarity: Review of the Faculty of Law Section of the North-Western Institute of the Management of the RANEPA in the framework of the VII International Neva Forum 法律在现代世界多极化形成中的作用:在第七届涅瓦国际论坛框架内对国家环境保护署西北管理学院法律系的审查
Teoretičeskaâ i prikladnaâ ûrisprudenciâ Pub Date : 2023-09-01 DOI: 10.22394/2686-7834-2023-3-98-104
Nikolay V. Razuvaev, Irina K. Shmarko
{"title":"The Role of Law in the Formation of the Modern World Multipolarity: Review of the Faculty of Law Section of the North-Western Institute of the Management of the RANEPA in the framework of the VII International Neva Forum","authors":"Nikolay V. Razuvaev, Irina K. Shmarko","doi":"10.22394/2686-7834-2023-3-98-104","DOIUrl":"https://doi.org/10.22394/2686-7834-2023-3-98-104","url":null,"abstract":"This article provides a review of the meeting of the Section of the Law Faculty of the North-Western Institute for the Directorate of the RANEPA as part of the VII International Neva Forum. It was devoted to the role of law in the formation of a multipolar world in modern geopolitical conditions.","PeriodicalId":498776,"journal":{"name":"Teoretičeskaâ i prikladnaâ ûrisprudenciâ","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639924","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 Issues of Marriage Registration: Engagement and Digitalization 婚姻登记的实际问题:订婚与数字化
Teoretičeskaâ i prikladnaâ ûrisprudenciâ Pub Date : 2023-09-01 DOI: 10.22394/2686-7834-2023-3-70-77
Igor I. Krasnov, Natalia V. Yushchenko
{"title":"Actual Issues of Marriage Registration: Engagement and Digitalization","authors":"Igor I. Krasnov, Natalia V. Yushchenko","doi":"10.22394/2686-7834-2023-3-70-77","DOIUrl":"https://doi.org/10.22394/2686-7834-2023-3-70-77","url":null,"abstract":"This article discusses the positive and negative aspects of digitalization, on the basis of which the expediency of using information technologies in the state registration of marriage is determined. For a full analysis of the topic, the article also reveals the role of digitalization in the emergence of a remote method of applying for marriage. Statistics are provided showing which methods of applying are more in demand among citizens, offl ine or online. The impact of the COVID-19 pandemic on the changes in these statistics is described. Recommendations are put forward to eliminate the existing gaps in the family law of the Russian Federation. After studying foreign experience, the idea of introducing a new legal institution in the form of an engagement is proposed. At the end of the work, the prospects for the use of information technologies for the effective implementation of the proposed innovations are assessed, a description of digitalization and its place in the marriage procedure is given, potential corruption and other risks associated with its implementation are highlighted, the traditional nature of marital relations and the innovative nature of digitalization are compared. The authors comes to the conclusion that modern technologies should only perform an auxiliary function in marriage. This conclusion is based both on the symbolic and historical signifi cance of marriage and on the general principles of family law. The following methods were used in the study: analysis, comparison, concretization, generalization, classifi cation, study of scientifi c and legal literature and legal acts.","PeriodicalId":498776,"journal":{"name":"Teoretičeskaâ i prikladnaâ ûrisprudenciâ","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135639928","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
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