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Август 2010



Chief editor’s column


Interview of the issue

G.A. Mantul Electronic justice is reality
Questions of the chief editor of the magazine “LAW” Yan Piskunov are answered by the chairman of the Federal Arbitration Court for the Northern Caucasus District Grigory Anatolyevich MANTUL
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The Event. Comments of the Experts


Topic of the issue

A.B. Klyachin, A.V. Kuzmin Legal matters associated with engagement of foreign employees for the managing positions in Russia
The article analyzes current regulation of work of foreign top managers in Russia as well legal and practical issues arising in that connection. It describes tendencies towards mitigation of the procedure for engagement of such employees, gives recommendations for further improvement of legal regulation of this area and considers particularities of change and termination of labor relations involving foreign citizens.
Keywords: the legal status of foreign citizens, employment of foreign citizens, establishment of labor relations with foreign citizens, amendment and termination of labor relations with foreign citizens
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O.A. Makarova The Specialist in Corporate Management – who is that?
The article raises the question on the necessity for professional preparation of specialists in the area of corporate management – corporate managers. The need for such specialists is conditioned by the necessity to improve quality and efficiency of corporate management.
Keywords: corporate management, board of directors, executive bodies, corporate secretary, corporate manager
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E.A. Stepanova On particularities of the legal status of a person temporarily acting as the head of an organization (top manager)
The article touches upon problematic matters associated with assignment to a person of the status of the person temporarily acting as the head of an organization and his/her further participation as a representative of the legal entity in relations with third parties. The author attracts attention to the existing contradictions between civil and labor legislation resulting in a contradictory judicial practice.
Keywords: the person temporarily acting as the head of an organization, body of a legal entity, employer’s representative, head of an organization (top-manager)
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A.A. Kriuschenko Termination of labor contracts with top managers
How an employer may avoid the risk of transmission of data or other information to competitors in connection with dismissal of a top manager from the organization? And how a top manager could avoid tricks of the employer wishing to dismiss him/her without appropriate compensation? The author tries to consider the issues associated with dismissal of top managers taking into account interests of both parties – the employer and hired employee.
Keywords: termination of a labor contract, disciplinary offence, payment of compensation
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Chairman of a court


Judicial practice. Comments



Theory and practice

P.P. Serkov The notion of administrative liability
In this article the author conducts a theoretical research of the notion and legal nature of the institute of administrative liability, analyzes the relation between the notions of administrative liability and administrative punishment.
Keywords: administrative liability, administrative punishment, administrative delictology
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G.A. Zhilin Judicial rule-making in the system of separation of power
Judicial compliance control in the Russian legal system is the most important attribute of justice serving first of all as a means to ensure rights and freedoms of a human and citizen. Existence of constitution powers for execution of judicial compliance control conditions judicial rule-making which at the same time should not infringe the principle of superiority of the Constitution of the Russian Federation and federal laws in the absence of any signs of defects resulting in infringement of rights and freedoms.
Keywords: judicial power, judicial compliance control, judicial rule-making, legality
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A.A. Kuznetsov Provision of information at the request of a shareholder: comparative legal analysis
The article considers shareholder laws of a number of countries to the extent of regulation of the procedure for provision of information at the request of a shareholder. Following the results of the comparative legal analysis general features are highlighted characterizing legal regulation of this procedure both in laws of countries with developed legal regimes (USA, Germany, France) and in post-Soviet countries. In addition, conclusions are made as regard to the possibility to use foreign experience.
Keywords: the right for information, shareholder, comparative legal analysis
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L.V. Sannikova Problems associated with separation of transactions and other legal phenomena
The article attempts, on the basis of the up-to-date civil doctrine and arbitration practice, to separate the notion of the transaction from such categories of civil law as resolutions of meetings, fulfillment of obligations, certificates of delivery and acceptance.
Keywords: transactions, resolutions of meetings, fulfillment of obligations, certificates o delivery and acceptance
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N.M. Kostrova How to protect the family and children’s rights: Problems of improvement of family laws
The article touches upon the topical problem of protection of family rights, in particular, the necessity to increase the role of the state in protection of rights of spouses not married officially as well as rights of children born in such marriage. The author makes the conclusion on the necessity to carry out a serious reform of family law.
Keywords: children’s rights, protection of family rights, establishment of children’s origin, reform of the family law
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A.V. Shvabauer State registration of rights for real estate and signs of real estate
The article analyzes signs of immovable property, identifies a common sign in various real estate objects, determines the role of state registration of rights for real estate.
Keywords: immovable property, state registration, circulability
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Foreign experience

V.S. Kamenkov Legal aspects of relations between sport and mass media in Belarus and the world
In this article the author makes research over interrelations of subjects of sport and mass media. Unconditionally, processes ongoing in the area of sport may not do without support from mass media. Interaction between mass media and sport functionaries requires clear organization and fixation in regulatory acts to achieve common targets including popularization and development of sports.
Keywords: mass media, information, sport, sportive organization, culture, sport popularization, sport industry
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Actual classic