scholarly journals The Evolution of Liability Measures Applied in Bankruptcy to Creditors’ Property Rights Violators in Russia

2021 ◽  
Vol 16 (5) ◽  
pp. 84-97
Author(s):  
A. V. Arbekova
Keyword(s):  
Comparative Analysis ◽  
Comparative Method ◽  
Legal Regulation ◽  
Assessment Method ◽  
Critical Assessment ◽  
Bad Faith ◽  
Principle Of Justice ◽  
Historical Retrospect ◽  
Russian Law ◽  
Term Objective

One of the tasks the modern law in the field of insolvency of legal entities pursues is to ensure the maximum balance of the rules governing the measures of liability applied to managers, participants and other entities controlling the debtor. In this regard, the author applies historical and comparative method of studying the measures of responsibility applied during the development of domestic legal regulation of insolvency and the critical assessment method that forms the basis for the analysis of the current Russian legislation. The paper carries out a retrospective analysis of the form and degree of fault as an element of the offense that traditionally acted as one of the criteria for choosing the type of insolvency, as well as for imposing the measures of responsibility. A comparative analysis of the norms of the Russian bankrupt legislation in historical retrospect allowed raising problematic issues of the current legislation and making proposals aimed at their resolution. Currently, the rules of the current domestic insolvency legislation provide an equal amount of responsibility for both bad faith (intentional) and unreasonable (careless) actions of entities controlling the debtor. The normative consolidation of measures of responsibility dependent on the form of fault, namely, the separate qualification of intentional and careless offenses, will secure coherent application of the principle of justice. Modern Russian law contains the concepts of “insolvency” and “bankruptcy”, which in some cases creates legal uncertainty. Therefore, it is proposed to delineate these concepts by law, eliminate the term “objective bankruptcy” from the application, and shift its semantic burden to the concept of “insolvency”. Thereby, a separate category of insolvency will be included in the current legislation.

scholarly journals Bankruptcy Procedure for Individuals in Russia and the USA: Comparative Legal Analysis

2020 ◽  
Vol 37 (64) ◽  
pp. 92-100
Author(s):  
Yuliya V. Boltenkova ◽  
Vladimir S. Sinenko ◽  
Sergey A. Rubanov ◽  
Oksana S. Lilikova ◽  
Aleksey Yu. Gordeev
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
The United States ◽  
Legal Regulation ◽  
Positive Experience ◽  
Legal Analysis ◽  
Proficiency Level ◽  
The Usa ◽  
Bankruptcy Procedure ◽  
Russian Law

Bankruptcy is the legitimate procedure by which monetarily troubled firms, people, and sporadically governments settle their obligations. The insolvency procedure for firms assumes a focal job in financial aspects, since rivalry drives the most wasteful firms bankrupt, subsequently raising the normal proficiency level of those remaining. This study provides a comparative analysis of the most significant aspects of bankruptcy for individuals in Russia and the United States. The objective of the study was to determine the conditions involved in declaring a citizen insolvent in US and Russian law, for which we studied the ways of filing applications in these countries, as well as some methods of abuse by creditors that reduce the effectiveness of the bankruptcy institu-tion, and the ways to minimize them. Based on the results of the analysis, proposals were made to improve the legislation that governs people's bankruptcy. These proposals are based on the positive experience of the United States in the field of legal regulation of insolvency institutions.

scholarly journals Matters of judicial practice of Sevastopol and the Republic of Crimea in the field of merchant shipping

2021 ◽  
Vol 108 ◽  
pp. 01001
Author(s):  
Stanislav Aleksandrovich Vasiliev
Keyword(s):  
Comparative Method ◽  
Legal Regulation ◽  
Point Of View ◽  
Modern World ◽  
Crimean Peninsula ◽  
Judicial Practice ◽  
Expert Assessments ◽  
Russian Law ◽  
Merchant Shipping ◽  
The Republic

Merchant shipping is one of the most demanded types of transportation in the modern world. According to some reports, up to 80% of all cargo is transported by sea. In this regard, the issues of legal regulation of this complex and full of implementation nuances activity acquire particular importance. The specific condition of such seaports as Sevastopol and several other ports on the Crimean Peninsula is since Russia is under the influence of negative economic measures (“sanctions”) imposed by a large number of foreign states. Under these conditions, with the same effect of international and Russian legislation in the entire territory of the Russian Federation, the nature of their application in some cases has a certain specificity concerning these territories. In this regard, the analysis of judicial practice in this area was of particular interest. The purpose of this study is to analyze judicial practice from the point of view of the implementation of international and Russian law norms in the field of merchant shipping, as well as to identify certain trends in the activities of the subjects of the relevant legal relations. Analysis, synthesis, the comparative method, and the method of expert assessments are the methods used in the preparation of this work. The following structural analysis of the available material was used: first, the judicial practice was studied, only after that the work with legislation and other sources was carried out. As a result of the performed research, some problematic aspects of the legal regulation of merchant shipping in Russia have been identified. The trends based on which the Russian maritime law can be transformed have also been identified. The novelty of the research lies in the combination of proposals for further improvement and law enforcement practice in the field of merchant shipping.

scholarly journals COMPARATIVE ANALYSIS OF FINANCING MODELS OF HIGHER EDUCATION

2017 ◽  
Vol 4 ◽  
pp. 330
Author(s):  
Birutė Pranevičienė ◽  
Aurelija Pūraitė ◽  
Violeta Vasiliauskienė ◽  
Žaneta Simanavičienė
Keyword(s):  
Higher Education ◽  
Comparative Analysis ◽  
Higher Education Institutions ◽  
Comparative Method ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Advantages And Disadvantages ◽  
State Financing ◽  
Financing Higher Education

The paper aims to present a comparative analysis of financing models of higher education in Europe. Higher education institutions can function properly and ensure the quality of research and studies when there is sufficient funding. Higher education institutions in Europe face a demanding financial situation in which traditional models of funding have been transformed and continue to change gradually. The paper consists of two parts. In the first part the trends in financing higher education in Europe are presented and evaluated. An analysis of the legal regulation and deficiencies of this field are presented. The second part of the paper is devoted to the description of state financing methods of higher education. The main methods of the distribution of the state financing among the institutions of higher education are discussed and the advantages and disadvantages of those methods are evaluated, as well as the experience of other countries in financing higher education. The problematic aspects of the state regulation of financing higher education are analysed by using the methods of document analysis, critical-analytical methods, analysis of scientific literature, historic analysis, systematic analysis, method of the source-content analysis, comparative method.

К ВОПРОСУ ОПРЕДЕЛЕНИЯ ФИНАНСОВО-ПРАВОВОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ОБРАЗОВАНИЯ И НАУКИ В РФ: ПРОБЛЕМНЫЕ АСПЕКТЫ И ПУТИ ИХ РЕШЕНИЯ, СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАРУБЕЖНЫМИ СТРАНАМИ

2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Foreign Countries ◽  
The Russian Federation

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.

scholarly journals Innovations and Analogies in the Legal Regulation of Withdrawal from a Limited Liability Company under Current Russian Law

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 21
Author(s):  
Viktor A. Mikryukov
Keyword(s):  
Law Enforcement ◽  
Limited Liability ◽  
Fair Value ◽  
Legal Regulation ◽  
Business Climate ◽  
Positive Role ◽  
Freedom Of Contract ◽  
Study Find ◽  
Russian Law

The purpose of the study is to highlight the most significant legal gaps in the mechanism under study, find doctrinally relevant ways to overcome them casually in law enforcement, and propose options for generally filling the gaps in rulemaking. It is equally important to test the effectiveness of the analogy as a means to combat legal gaps. The methodological framework was formed by general (analysis, synthesis, abstraction, and concretization) and specific (comparative, formal, and technical legal) scientific research methods. The positive role of analogy as a method of combating legal uncertainty and the formation of legislative innovations was confirmed. The conclusion was made about the absence of a formal need for additional legislative authorization for Limited Liability Companies’ members to create a conditional or individualized withdrawal procedure. Backed by the legal analogy, the necessity to extend the freedom-of-contract doctrine in determining the fair value of a withdrawing shareholder’s share was argued. The achievements provided the basis for specific practical proposals to enhance existing Russian legislation and harmonize corporate relationships, which should improve Russia’s business climate.

PRINCIPLES OF LAW AS A BASIS FOR INTERSECTORAL COOPERATION

2021 ◽  
Vol 11 (3) ◽  
pp. 50-69
Author(s):  
M.Yu. LEBEDEV
Keyword(s):  
Family Law ◽  
Legal Regulation ◽  
Main Mechanism ◽  
Administrative Process ◽  
Legal Principles ◽  
Intersectoral Cooperation ◽  
Procedural Law ◽  
Free Treatment ◽  
Russian Law ◽  
Almost All

In the presented article the problems of interaction between the various branches of Russian law on the basis of legal principles are considered. The author, examining such concepts as “interaction” and “interrelation” states the fact that the issue of interaction of branches of law is considered by almost all researchers only from the position of listing those branches with which their branch of law interacts. At the same time, the construction of branch norms without taking into account the principles of the branch, where and the branch, from which the legal institute is implemented, leads to conflicts. Separate attention in the work is paid to the views of V.A. Riazanovskii and other scholars on the concept of “unity of process” in the context of interaction between the principles of various branches of law. The author examines the interaction of such branches of law as civil procedural law with civil, family law, arbitration and administrative process. The article draws attention to the cases of free treatment of the legislator with the category of “principles of law”, which, in the author’s opinion, leads to significant distortions of the entire branch of law, where principles not inherent in this branch are wrongly implanted. Studying institutes of law as the main mechanism of inter-branch interaction, the author comes to the conclusion about the need for legal regulation of interaction precisely through the principles of a branch of law.

scholarly journals Features of the implementation of a public offer agreement in e-commerce in Ukrainian, Polish and Russian law

2020 ◽  
Vol 5 (5) ◽  
pp. 133-138
Author(s):  
Oleksandr Kosychenko ◽  
Illia Klinytskyi
Keyword(s):  
Legal Regulation ◽  
Electronic Format ◽  
Optimal Solutions ◽  
Provision Of Services ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
The Republic ◽  
Public Offering ◽  
Public Offer

Given the specifics of the provision of services and sales of goods on the Internet, the contract of public offer is the most common and close to the electronic format of the agreement. However, in Ukraine, the Russian Federation and the Republic of Poland, as in other countries, the use of this type of legal instruments has a number of problems related to the legal regulation and the procedure for concluding an agreement. This paper examines the main aspects of the legal implementation of public offer agreements in the above countries. Thus, the subject of the study is the contract of public offering as a legal phenomenon. The purpose of the work is to determine the main problems of concluding a public offer contract in electronic mode, and to find optimal solutions in the context of the stated issues, based on the legislation and practice of selected countries

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