Name
Leskova Julia Gennadyevna
Scholastic degree
•
Academic rank
professor
Honorary rank
—
Organization, job position
Kuban State Agrarian University
Web site url
—
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Articles count: 6
The article discusses the analysis of the new rules of the civil code of the Russian Federation on legal entities; determine the positive and negative aspects of the application of the rules. The author comes to the conclusion about the absence of reasonable grounds for the completion of the legislative work in building a system of legal entity
The article discusses the analysis of the new rules of the civil code of the Russian Federation on legal entities; determines the positive and negative aspects of the application of the rules. The author comes to the conclusion about the absence of reasonable grounds for the completion of the legislative work in building a system of legal entity
The article subjected to a detailed analysis of the norms of a number of Federal laws, fixing the liability insurance for members of self-regulatory organizations. The author shows the benefits of liability insurance of members of self-regulatory organizations in comparison with another way to ensure property accountability is the compensation Fund of the self-regulatory organizations. It turns out the legal nature of the contract of insurance property liability of the members of self-regulatory organizations, types of property risks in the insurance contract that applies to the members of self-regulatory organizations. It is noted that the issue of liability under contracts of members of self-regulatory organizations in the Federal law "On self-regulating organizations" not resolved, fixed only need to create a personal and (or) collective insurance. In practice, insurance agents offer to insure the contractual liability as liability for injury that, according to the author’s opinion, is not complying with the law, including the standards of article 931 of the Civil Code of the Russian Federation. The issue of the conclusion of the construction contract of property insurance liability of members of self-regulatory organizations is also discussed by the author, as well as the necessity of the using in such a situation the rules of the Law "On insurance" about the contract of financial risks insurance. The necessity of changes and amendments of the current legislation of the Russian Federation on insurance property liability of members of self-regulatory organizations is proved by the author
Norms of the active Russian legislation enshrining the
inheritance rights and defining the status of surrogate
children, surrogate mother and the genetic parents
connecting to the question of the obtaining and
realization of the inheritance rights of these children
are subjected to a detail analyze in the article. The
authors described uncertainties and double-meanings
of some occasions of appearing of surrogate
children’s inheritance rights, what arise in practice,
for example, when surrogate mother in childbirth
could not give her agreement for registration people,
who had given their genetic material, as parents of
surrogate child. The authors found out imperfection
of active legislation of Russian Federation in the
context of question of surrogate children’s inheritance
rights in case of genetic parents’ death before
childbirth. Other important question, that the authors
tried to resolve in the article, is connected with child’s
inheritance rights, who was conceived after death of
his genetic parents. Also the attention is focused on
the absence legal mechanisms of action on genetic
parents, who refuse surrogate children, in the Family
Code of Russian Federation and in Civil Code of
Russian Federation. Authors reached a conclusion
that surrogate children’s inheritance rights should be
legal regulated in detail. Some suggestions on these
issues are offered in the article
In the article, legal norms of barter agreement are
exposed to the detailed analysis. They were fixed
earlier in the Civil Codes of RSFSR 1922 and 1964.
The authors analyze the modern legal adjusting of
barter agreement in the operating Civil Code of the
Russian Federation. Characterizing signs of barter
agreements are investigated and they allow distinguishing
it from a bargain and sale. It is marked that
the barter agreement got the detailed regulation of
relations only in the operating Civil Code of the
Russian Federation. The purview of norms about the
agreement of barter broadened in course of time.
That was taken into account by a legislator. A modern
legislation regulates the features of relations
arising up in connection with execution and conclusion
of treaty of barter. Earlier operating legislative
acts did not take into consideration many questions,
related to the relations of barter, arising up in practice.
Soviet scientists examined some questions that
were and remain now without adjusting or require a
specification from a legislator. For example, concerning
Civil Codes of RSFSR 1922 and 1964, the
imperfection of legal determination of agreement of
barter was marked. This decision did not take into
account that commodities were passed in property of
another side. Modern legislator names it a "commodity
the object of the barter agreements. In the
same time in practice there is a lot of questions
about possibility of applying property rights to the
object of the barter agreement. Other critical remarks
about the rules of the barter agreement in the
civil legislation of RSFSR and the Russian Federation
were done by the author in the article
The contract of donation is one of the most common
and frequently encountered in practical life, civil contracts.
This article describes the history of the formation
of the contract of donation in civil law of Russia.
The author analyzes in detail the legal provisions
of the contract of gift, enshrined in the current before
the Civil Code of the RSFSR in 1964. Soviet scientists
considered some of the issues that have been and (or)
remain outstanding or require specification of the legislator.
Previously existing legal acts do not take into
account many associated with the donation contract
questions arising in practice, such as cancellation the
contract of donation. We study the qualifying elements
of a deed of gift, which allows distinguishing it from
related contracts. It is noted, that the scope of the rules
on the contract of donation has expanded with the
time, which could not be taken into account by the
legislator. Current legislation regulates the peculiarities
of relations arising in connection with the execution
and the conclusion of the contract of donation.
The author analyzes in detail the current legal regulation
of the contract of donation in the current Civil
Code. In particular, this article presents the problematic
issues: the implementation and application of the
contractual relationship between the given and giver,
raised the question of the qualifications of donation
with the participation of public servants, and lists
some proposals to address the shortcomings in the
current legislation. The article made other critical
comments with regard to the rules on the contract of
donation in the civil legislation of the RSFSR and the
Russian Federation. The article has a research character.
The authors show the way to solve the most pressing
problems of enforcement under the contract of
donation, and put forward proposals to improve the
legislation