Vol 8, No 14 (2020)
- Year: 2020
- Published: 15.12.2020
- Articles: 10
- URL: https://ogarev-online.ru/2311-2468/issue/view/17917
Full Issue
Conscientiousness of parties at conclusion of delivery contract
Abstract
This article considers the features of concluding a delivery contract and the essential terms of such contract. The authors focus on the problems of recognizing the contract as not concluded. Through the analysis of relevant judicial practice, the typical examples of unfair behavior of the parties at the conclusion and performance of the delivery contract are identified.
On recognition of foreign court rulings by Russian Courts
Abstract
The article considers the recognition procedure of foreign court rulings by Russian courts. The understanding of this procedure is revealed both from theoretical viewpoint of such institution of international private law as international law of procedure and from practical viewpoint of the Russian legislation and judicial power.
Berne convention for protection of literary and artistic works of 1886 as basic normative act in copyright protection
Abstract
This article examines the main provisions of the Berne Convention for the Protection of Literary and Artistic Works of 1886. Special attention is paid to the analysis of this international copyright protection standard. The authors draw a correlation between the norms of the civil legislation of the Russian Federation and the provisions of the Berne Convention.
Mediation as alternative to judicial settlement of legal disputes
Abstract
This paper presents the historical approach to the application of the mediation procedure in Russia. The objective and subjective factors influencing the popularization of the mediation procedure as a way of pre-trial settlement of disputes in civil proceedings are also considered. The ways for increasing popularity of mediation in Russia are proposed.
Essence of Unilaterial refusal of contract performance: a study of retail purchase and sale
Abstract
The article is devoted to the study of the essence of the category of unilateral refusal to perform a contract as a type of legal refusal on the example of retail purchase and sale. The technical and legal fixation of this action by means of civil law is investigated and its significance in civil law is determined.
Implementation of freedom of evidence evaluation when bringing in verdict
Abstract
The article considers the problematic issues of the implementation of the freedom of evidence evaluation when the court makes a decision in a criminal case. The authors offer the criteria for free evaluation of evidence in a criminal case. Considering the relevant judicial practice, the problems of law enforcement in the studied area are identified.
Determining amount and terms of payment of court fine
Abstract
The article considers a new criminal law institution of exemption from criminal liability with the appointment of a court fine as a measure of a criminal law nature. Attention is drawn to some legislative ambiguities in the regulation of the new measure of a criminal nature. The problematic issues related to determining the amount of a court fine and the terms of its payment are identified.
Business activities of spouse
Abstract
The article covers the issue of the legal regime of the income received by the spouse from business activities. The authors propose an opportunity to evaluate the shares in the company at the time of divorce case. The study reveals the incoherence of challenging transactions related to the change of the size of business company charter capital.
Head of commercial organization as subject of labour legal responsibility
Abstract
This article presents a study of the legal status of the head of a commercial organization as a subject of labour legal responsibility. The study considers the reasons for the dual legal status of the head of a commercial organization. The need for increased financial liability of the head of a commercial organization in comparison with other employees is justified.