Jurist (Washington, D.C.)最新文献_第6页

Challenging of Debtor`s Transactions Aimed at Infliction of Damage on Creditors in Anglo-American Law and Russian Civil Law: Comparative Law Research 英美法系与俄罗斯大陆法系对债务人损害债权人交易的挑战:比较研究

Jurist (Washington, D.C.) Pub Date : 2021-02-25 DOI: 10.18572/1812-3929-2021-3-19-24

Sergey V. Myshyakov

引用次数: 0

Losses as the Most Widespread Civil Liability Measure 损失作为最普遍的民事责任措施

Jurist (Washington, D.C.) Pub Date : 2021-02-25 DOI: 10.18572/1812-3929-2021-3-57-63

Natalya M. Kovyazina

引用次数: 0

Peculiarities of the Civil Regulation of Operations of Religious Organizations 宗教组织活动民事规制的特殊性

Jurist (Washington, D.C.) Pub Date : 2021-02-25 DOI: 10.18572/1812-3929-2021-3-25-30

Petr V. Sergeev

引用次数: 0

Outsourcing as a Means to Retain Stability of Operations of a Commercial Organization in the Economic Crisis Conditions 在经济危机条件下，外包作为商业组织保持运营稳定性的一种手段

Jurist (Washington, D.C.) Pub Date : 2021-02-25 DOI: 10.18572/1812-3929-2021-3-44-50

E. V. Sandyreva

引用次数: 0

Alternative Transferee`s Right Protection Means not Entailing Violation of the Debtor`s Rights 另一种受让人权利保护方式是不侵害债务人权利

Jurist (Washington, D.C.) Pub Date : 2021-02-25 DOI: 10.18572/1812-3929-2021-3-13-18

A. A. Martsun

{"title":"Alternative Transferee`s Right Protection Means not Entailing Violation of the Debtor`s Rights","authors":"A. A. Martsun","doi":"10.18572/1812-3929-2021-3-13-18","DOIUrl":"https://doi.org/10.18572/1812-3929-2021-3-13-18","url":null,"abstract":"In this article, the author draws attention to a legislative misunderstanding in the form of depriving the debtor of the right to raise objections to the assignee in the context of Article 386 of the Civil Code of the Russian Federation, as protecting the rights of the assignee, but grossly violating the principle of inadmissibility of deteriorating the position of the debtor upon assignment of rights. The author proposed to amend the civil legislation (Articles 386 and 390 of the Civil Code of the Russian Federation) in order to establish alternative methods of protecting the rights of the assignee that do not entail violation of the debtor’s rights. The author believes that the obligation to disclose the grounds for opposition should lie not with the debtor, but with the assignor, as the person responsible for the absence of such grounds. In addition, based on the study of foreign legal orders, the author concluded that the deprivation of the debtor’s right to raise objections to the assignee can be formalized on the basis of an agreement concluded between the assignee and the debtor, except in cases where the parties to the legal relationship are consumers.","PeriodicalId":81750,"journal":{"name":"Jurist (Washington, D.C.)","volume":"120 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87766241","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

Some Problems of the Legal Regulation of Obligations of a Joint-Stock Company to Disclose and Submit Information 股份公司信息披露义务法律规制的若干问题

Jurist (Washington, D.C.) Pub Date : 2021-02-25 DOI: 10.18572/1812-3929-2021-3-64-69

Tatyana V. Melnikova

引用次数: 0

Challenging Issues of Property Lease for State and Municipal Needs 具有挑战性的问题，为国家和市政需要的财产租赁

Jurist (Washington, D.C.) Pub Date : 2021-02-25 DOI: 10.18572/1812-3929-2021-3-7-12

Lyudmila V. Raschupkina, E. V. Shorgina

引用次数: 0

Self-Employed Citizens: The Concept and the Legal Regulation 个体户公民:概念与法律规制

Jurist (Washington, D.C.) Pub Date : 2021-02-25 DOI: 10.18572/1812-3929-2021-3-37-43

L. Y. Malinina

{"title":"Self-Employed Citizens: The Concept and the Legal Regulation","authors":"L. Y. Malinina","doi":"10.18572/1812-3929-2021-3-37-43","DOIUrl":"https://doi.org/10.18572/1812-3929-2021-3-37-43","url":null,"abstract":"One of the topics discussed at scientific conferences and considered in the legal literature in the past few years is the selfemployment of citizens. This article analyzes the use of the concepts of “self-employment”, “self-employed citizens” in current legal acts and judicial practice of the Constitutional Court of the Russian Federation, on the basis of which it is concluded that there is no legislative definition of these concepts and a unified approach to their application in judicial practice. As a result of consideration of the points of view existing in the theory of law regarding the concept of “self-employed citizens” and persons who can be attributed to them, the opinion was developed that “self-employed citizens” is not a legal concept, but a general (collective) concept that denotes individuals independently providing themselves with work. An overview of the provisions of civil and tax legislation, as well as the legislation of the constituent entities of the Russian Federation, regulating the activities of self-employed citizens is presented. Particular attention is paid to the experiment carried out in a number of constituent entities of the Russian Federation to establish a special tax regime “Tax on professional income”","PeriodicalId":81750,"journal":{"name":"Jurist (Washington, D.C.)","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85305530","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 Improvement of the State Tax Policy in the Oil Sector in the Period of the New Coronavirus Infection (COVID-19) Spread 新型冠状病毒感染(COVID-19)蔓延时期石油行业国家税收政策的完善

Jurist (Washington, D.C.) Pub Date : 2021-02-04 DOI: 10.18572/1812-3929-2021-2-2-9

E. Gorbunova

引用次数: 0

The Legal Regulation of Network Capacity in Electric Power Supply Obligations 电力供应义务中网络容量的法律规制

Jurist (Washington, D.C.) Pub Date : 2021-02-04 DOI: 10.18572/1812-3929-2021-2-69-74

M. T. Khamidullin

{"title":"The Legal Regulation of Network Capacity in Electric Power Supply Obligations","authors":"M. T. Khamidullin","doi":"10.18572/1812-3929-2021-2-69-74","DOIUrl":"https://doi.org/10.18572/1812-3929-2021-2-69-74","url":null,"abstract":"In this article, the author considers the concept of “capacity” in energy supply obligations. In the introductory part of the article, the author analyzes the category “power” from different aspects: technical, economic, and legal. A significant part of the article is devoted to identifying the legal nature of power. The author presents the views of legal scholars that reveal the content of this category. Based on the analysis, the author concludes that “power” is not an object of civil rights. The concept of “power” is borrowed from the technical and economic sphere of knowledge and is used to denote the obligation by virtue of which the power supply organization assumes the obligation to maintain the generating equipment in readiness for energy production, and the consumer is given the corresponding right of claim. At the same time, the author notes that power supply is impossible without energy transportation, and therefore, there is a need to maintain the availability of equipment at network facilities that have a hierarchical structure. In conclusion, the author suggests introducing the concept of “grid capacity” into scientific circulation along with the legal category “generating capacity” to indicate the obligation to maintain the availability of power equipment at grid facilities.","PeriodicalId":81750,"journal":{"name":"Jurist (Washington, D.C.)","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88386892","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