Jurist (Washington, D.C.)最新文献_第5页

Regulatory Support of the Recovery of Economy after the Coronavirus Pandemic 冠状病毒大流行后对经济复苏的监管支持

Jurist (Washington, D.C.) Pub Date : 2021-04-22 DOI: 10.18572/1812-3929-2021-4-59-64

I. G. Tyutyunnik, Y. Bogachev

引用次数: 0

Terms and Conditions of Connection as an Integral Part of a Technological Connection Agreement: Legal Regulation Tendencies 作为技术连接协议组成部分的连接条款和条件:法律监管趋势

Jurist (Washington, D.C.) Pub Date : 2021-04-22 DOI: 10.18572/1812-3929-2021-4-36-40

M. T. Khamidullin

{"title":"Terms and Conditions of Connection as an Integral Part of a Technological Connection Agreement: Legal Regulation Tendencies","authors":"M. T. Khamidullin","doi":"10.18572/1812-3929-2021-4-36-40","DOIUrl":"https://doi.org/10.18572/1812-3929-2021-4-36-40","url":null,"abstract":"This article discusses the connection conditions as an integral part of the technological connection agreement. The article provides a comparative analysis of the technical conditions for connecting to the networks of engineering and technical support issued in accordance with the urban planning legislation with the connection conditions that are an annex to the technological connection agreement. The author also touches upon the issues of the historical development of the regulation of relations on connection to various types of engineering networks. The article notes that despite the existing isolation of the connection conditions from the technological connection agreement and the consideration of these documents by the legislator separately, recently legislative regulation has been developing in the direction of gradual unification of the content of the technological connection agreement and the connection conditions. In order to avoid duplication of the terms of connection of the provisions of the technological connection agreement, the author proposes to fix the connection measures directly in the text of the agreement at the legislative level.","PeriodicalId":81750,"journal":{"name":"Jurist (Washington, D.C.)","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90414251","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

Obligations Arising out of Damage Caused to a Patient`s Life and Health by Biomedical Technologies 因生物医学技术对患者生命和健康造成损害而产生的义务

Jurist (Washington, D.C.) Pub Date : 2021-04-22 DOI: 10.18572/1812-3929-2021-4-71-74

Elena A. Kirillova

引用次数: 0

Issues of Cooperation between a Customer and a Construction Contractor in Fulfillment of a State (Municipal) Contract 客户与建筑承包商在履行州(市)合同中的合作问题

Jurist (Washington, D.C.) Pub Date : 2021-04-22 DOI: 10.18572/1812-3929-2021-4-24-29

E. Kapitonova

{"title":"Issues of Cooperation between a Customer and a Construction Contractor in Fulfillment of a State (Municipal) Contract","authors":"E. Kapitonova","doi":"10.18572/1812-3929-2021-4-24-29","DOIUrl":"https://doi.org/10.18572/1812-3929-2021-4-24-29","url":null,"abstract":"The article draws a conclusion about the privileged position of a public participant in certain types of civil law relations (including the contract system in the field of procurement for state and municipal needs). Based on 10 years of experience in the field of public procurement and the analysis of judicial practice in recent years, the author identifies the most problematic aspects of the interaction of the parties to the contract regulating the relations of the construction contract: 1) issues related to the transfer of technical documentation; 2) going beyond the budget; 3) the difficulty of quickly resolving issues in the course of work; 4) signing of the necessary documents when accepting the work. The ways of solving the problems included in each of these categories are analyzed. Information is provided on the decisions of the antimonopoly and financial authorities affecting these areas. Special attention is paid to the arguments that can prove the correctness of a bona fide contractor (including in the context of the creditor’s delay, the customer’s failure to fulfill the obligation to cooperate within the framework of the contract).","PeriodicalId":81750,"journal":{"name":"Jurist (Washington, D.C.)","volume":"56 10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72761708","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

Circumvention of the Auction Procedure by Changing the Land Plot Provision Purpose 更改提供土地用途以规避拍卖程序

Jurist (Washington, D.C.) Pub Date : 2021-04-22 DOI: 10.18572/1812-3929-2021-4-51-54

V. V. Cheremukhin

{"title":"Circumvention of the Auction Procedure by Changing the Land Plot Provision Purpose","authors":"V. V. Cheremukhin","doi":"10.18572/1812-3929-2021-4-51-54","DOIUrl":"https://doi.org/10.18572/1812-3929-2021-4-51-54","url":null,"abstract":"Moscow is one of the most dynamically developing regions of Russia, in which a very significant role is played by the issues of management and disposal of city property, especially of land plots. Further development of the economy and urban economy entails the need to change the purposes for which a particular land plot is provided and used, which is formalized by the conclusion of the relevant additional agreements. The purpose of the article is to analyze and summarize legislation, judicial and law enforcement practice on the issue of concluding and state registration of additional agreements to existing land lease agreements, by which the purpose of their provision is changed from the operation of existing buildings to new construction or reconstruction. This goal is achieved by solving tasks such as studying the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflicting issues in the area under consideration, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practices. In solving the above problems, general scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used. Based on the results of the consideration of these issues, the author formulates the main problems of the legal relations under consideration, assesses the emerging judicial and law enforcement practice, and formulates proposals for improving legislation and law enforcement practice.","PeriodicalId":81750,"journal":{"name":"Jurist (Washington, D.C.)","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82949023","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: 1

Agreements in Construction: The Past, the Present, the Future 建设中的协议:过去，现在，未来

Jurist (Washington, D.C.) Pub Date : 2021-04-22 DOI: 10.18572/1812-3929-2021-4-11-16

Oleg Makarov

引用次数: 0

Some Peculiarities of a Crime Committer Identity and Role within the Framework of Criminal Law Combating of Terrorism Financing 论刑法框架下打击恐怖融资犯罪行为人身份与角色的特殊性

Jurist (Washington, D.C.) Pub Date : 2021-02-25 DOI: 10.18572/1812-3929-2021-3-70-74

Anastasia O. Andrianova

引用次数: 0

Economic Partnerships: The Legislator`s Expectations and the Current Market Situation 经济伙伴关系:立法者的期望与当前市场形势

Jurist (Washington, D.C.) Pub Date : 2021-02-25 DOI: 10.18572/1812-3929-2021-3-51-56

I. S. Mukhamedshin, A. V. Ermakov, V. Smolik

引用次数: 0

Normal Business Operations of a Debtor in a Bankruptcy Case: Some Aspects and the Meaning of Contractor`s Good Faith 破产案中债务人的正常经营:承包商诚信的几个方面及意义

Jurist (Washington, D.C.) Pub Date : 2021-02-25 DOI: 10.18572/1812-3929-2021-3-31-36

Darya V. Koroleva

引用次数: 0

Arbitrability of Procurement Disputes 采购纠纷的可仲裁性

Jurist (Washington, D.C.) Pub Date : 2021-02-25 DOI: 10.18572/1812-3929-2021-3-2-6

V. Eremin

{"title":"Arbitrability of Procurement Disputes","authors":"V. Eremin","doi":"10.18572/1812-3929-2021-3-2-6","DOIUrl":"https://doi.org/10.18572/1812-3929-2021-3-2-6","url":null,"abstract":"This article discusses the arbitrability of disputes, which in the domestic doctrine referred as procurement disputes. These are disputes from a number of laws related to public procurement and ordering. The article provides a brief analysis of the possibility of referring such disputes to arbitration courts. An obstacle to the consideration of these disputes by arbitration courts is judicial practice, which does not accept the use of the private-law mechanism for resolving disputes in such a publicly significant sphere as procurement for public needs. In addition, the author makes the assumption that the concept of the “public element”, which prevails in domestic judicial practice, makes it difficult to enforce the decisions of the arbitration courts on such disputes, since they inevitably have “public elements”, for example, the presence of budgetary funds in the legal relationship special contracting procedures. This concept is in contradiction with the fact that the state contract is a civil contract and, generally, is arbitrable, like other types of procurement. The further possibility of applying arbitration proceedings in procurement disputes is extremely controversial and leaves a wide field for future research.","PeriodicalId":81750,"journal":{"name":"Jurist (Washington, D.C.)","volume":"48 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88022428","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: 1