ARCHIVE FOR 2016 RUSSIAN
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Ноябрь 2016
CONTENT
Chief editor’s column
Interview of the issue
The Event. Comments of the Experts
Topic of the issue
V.A. Belov Legal science (legal studies, jurisprudence). crisis and possible solutions The paper is based on the points of the report made on
June 27, 2016 in the Summer School of Kutafin Moscow
State Law University. The author analyses interim (and
unfortunate) results of 25 years of Russian modern
jurisprudence development, and points few directions,
which are to be taken to solve the crisis that Russian legal
science is now facing.
Keywords:
legal science, jurisprudence, legal education, scientific discussion
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A.V. Babich, N.A. Sheveleva, I.A. Vasiliev Academic mobility: current legal regulation and its practical application Today’s processes in developing student and academic
staff mobility may be pointed as an important dimension
to the higher education institutions of the Russian
Federation. Special consideration is given to mobility
levels of international collaboration, cooperation of higher
education institutions, increase of competitiveness of
Russian higher education, and the inclusion of Russian
educational organisations into international ratings. Further
legalisation of academic mobility depends on adequate
national legal regulation. The authors analyse the actual
Russian legal regulation of this legal institution on the basis
of the classic interpretation of academic mobility of higher
education students.
Keywords:
academic mobility, students, inclusion elements in educational process, exchange education
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D.V. Mazaev Participation of employers in the system of higher legal education and in training of lawyers The paper describes problems of contemporary legal education
and their solutions involving employers, which are
public authorities, commercial and nonprofit organisations
interested in cooperation with leading law universities and
faculties of the Russian Federation aimed at improving
the quality of modern legal education. It identifies a number
of methods of interaction between employers and law
universities and faculties, contributing to the development
of competent approach to legal education. The author gives
an example of successful cooperation between the Faculty
of Law and employers in the framework of the Department
of practical jurisprudence of the HSE.
Keywords:
legal education, competence, employer, graduate, department of practical jurisprudence
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O.N. Fadeeva Assessing lawyer’s efficiency: for what? The paper is devoted to legal KPIs showing law department
performance. The author analyses the outcomes of
a research undertaken by the Russian Corporate Counsel
Association regarding current practice of taking litigation
management as a KPI, which is adopted by Russian major
companies. The paper considers possible means for
measuring lawyers’ achievements, and demonstrates how
they could be used either as motivation factor or as criteria
for evaluating the overall performance of an organisation.
Keywords:
professional legal services, KPI, litigation management, representation in court
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Discussion Board
P.A. Skoblikov Who has the right to use violence? The paper deals with the analysis of profound changes
to Russian legislation which were caused by the policy of
decriminalisation of minor crimes and entered into force
in the mid-summer 2016. The author analyses possible
grounds for the decriminalisation of battery, correspondent
conflicts of criminal and administrative procedure, and
sanctions foreseen by the renewed law. Finally a forecast
of how these changes could affect the administration of
law and criminal landscape of Russia is given.
Keywords:
battery, violence, decriminalisation, double prevention, criminal policy, repetition of crime, criminal punishment, administrative punishment, administrative investigation, conflict of laws
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Press Release
Theory and practice
I.S. Shitkina Major transactions and transactions with special approval procedure stipulated by the charter of a business entity The paper focuses on amendments that were brought into
corporate law by the Federal law of 3 July 2016 No. 343-FZ
and are coming into force on January 1, 2017. The new law
substantially amends, inter alia, the legal status of making
major transactions and transactions with special approval
procedure stipulated by the charter of a business entity
(so called extraordinary transactions), including grounds
for their qualification, grounds for their invalidation, and
procedure for intra-group approval of these transactions.
Keywords:
major transactions, extraordinary transactions, approval of the transactions, invalidation of the transactions, challenging the transactions, charter of the company, joint stock company, limited liability company
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A.V. Konovalov General principles of Russian civil legislation The paper presents a sequential review of the general
principles of civil legislation in light of their interrelation and
mutual dependence. Referring to the role of the principles
in the regulation of social relations, the author assigns them
an independent function in at least three aspects. Therefore,
these principles serve as (1) analogy of law, (2) criteria for
assessing the behaviour of participants of legal relations,
and (3) basis for the interpretation of legal rules in case
they cannot be understood explicitly or without distortion
of their true meaning.
Keywords:
civil law principles, good faith, reasonableness, principle of reasonableness and equity, principle of noninterference in private affairs, equality of all forms of ownership, inviolability of ownership, freedom of contract
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O.M. Oleynik Providing legal stability and certainty in the sphere of state control and supervision over business The paper shows that the Russian legislation on state
control and supervision over business activities does not
meet such basic requirements as stability and certainty set
for any law. For example, legal procedure for the conduction
of prosecutorial inspection stays particularly uncertain and
was not changed even after the Russian Constitutional
Court had offered its recommendations. Therefore, aims
of prosecutorial inspection mostly duplicate those of
inspections carried out by other state bodies. The author cites
a number of judicial cases and explains why prosecutorial
inspections should be eventual.
Keywords:
business activity, state control, state supervision, public prosecutor’s inspection, social value of law, stability of laws, legal certainty
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S.N. Egorkin, K.V. Zykova Contentious issues of acquiring and losing the status of non-resident for exchange control purposes The authors examine aims, process of development and
outcomes of changes to the currency legislation regarding
the definition of the term “resident for exchange control
purposes”. They criticise legal uncertainty, which leaves
unclear whether people living abroad for more than one
year, but making short visits to Russia, lose their status
of non-resident for exchange control purposes. Having
analysed court practice and decisions of the executive
bodies the authors arrive at the conclusion that a shortterm
visit to Russia cannot lead to the loss of non-resident
status in spite of the decisions of Federal Service for Fiscal
and Budgetary Supervision and Federal Tax Service of the
Russian Federation.
Keywords:
non-resident for exchange control purposes, currency legislation, currency control, currency regulations, continuous residence, permanent residence, loss of non-resident status
D.G. Kopylov Nonprofit organisations and public authorities The present paper deals with forms of interaction between
nonprofit organisations and public authorities. It begins
with a short excursus to the domestic history of interaction
between the state and the nonprofit sector, and then
presents the analysis of theories explaining the differences
in interaction between the state and nonprofit organisations.
Each theory enables to explain the inclusion of the relevant
provisions (for example, on the giving of tax benefits or
grants to nonprofit organisations) into the foreign and
Russian legislation on nonprofit organisations. The paper
concludes with the analysis of specific forms of interaction
between nonprofit organisations and public authorities.
Keywords:
nonprofit organisations, public authorities, grants, social order
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Foreign experience
E.V. Galkova Transfer of title (sicherungsubereignung) according to German legal system The paper focuses on Sicherungs bereignung, which
is a German institution of transfer of title. The reform of
Russian civil law was accompanied by the discussion of
different ways to improve the system of security obligations,
including transfer of title as security already known
to Roman law and new to Russian legal system. The author
analyses the legal nature of Sicherungs bereignung,
rights and obligations of the parties, and the latest tendencies
towards the development of Sicherungs bereignung
in German judicial practice.
Keywords:
comparative private law, property law, transfer of title as a collateral security, fiduciary transfer of title, transfer of title under condition, pledge
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