The presented article is devoted to studying and consideration of the main directions of realization of social function during the concrete historical period of development of the Russian state. The carried-out analysis of a state policy of the Soviet power opens features of formation of legal bases of the social state during the Soviet period. The purposes facing the state and tasks of providing all members of society with means of livelihood and free development, defined the priority provision of social activity in the state political system. Consequences of military and revolutionary events generated a difficult social situation in the country: a low standard of living of citizens, mass poverty and hunger, lack of necessary medical care and shortage of medicines, distribution of homelessness and growth of mortality among the population. All these social and economic problems demanded from the state of carrying out effective actions for change of public life and to adjustment of a social situation in the country. The most important directions of implementation of social policy in the first years of formation of the Soviet state were the organization and development of social insurance and social security; regulation of the labor relations and elimination of unemployment; organization and development of health system; organization and development of education; elimination of children's neglect and homelessness
The article has examined the legal nature of borrowings. The author carries out a comparative legal analysis of debt obligations in comparison with the obligations arising from the contract of bank deposit, bank account agreement, loan agreement, factoring agreement, the insurance contract, the contract of storage. On the basis of a comparative research of the obligations arising from the loan agreement with the other financial liabilities we have determined the state of borrowings in the financial obligations. The author proves the general nature of the obligation of the loan in relation to other financial obligations. A contract of loan for the purpose of its subject and obligations arising from it is much closer to the lease contract and the loan, rather than to the same insurance contract or bank deposit. Borrowings are different from financial obligations only by the fact that its objects are things that contain generic characteristics, interchangeable and not individually defined, as it is in the case of contracts of property employment and loans. An important difference between the loan agreements from other financial instruments is the fact that in the loan agreement the property is transferred to the ownership and not in the possession and use of the borrower
The article pays particular attention to the classification of members of PPP and their legal status. Proceeding from the classification, determined by the authors, the peculiarities of each type of members' legal status are pointed out. The authors have marked and analyzed the possibility of this or that legal subject to participate in public-private partnership. For each of the types of entities of public-private partnership the authors have given the characteristic of legal status. Features of the legal status have also been the subject of the analysis made by the authors. Certain aspects of the legal status of individuals involved in such a relationship were also considered. Considerable interest has caused the authors ratio of private and public interests of the participants of such relations. The authors have given a detailed analysis of particular interest in the implementation of business by the subjects of the partnership. The authors note that entrepreneurial activity, which combines private and public interests, is not only beneficial to each participant. In such cases, the subjects of entrepreneurial activity are social. The authors note that the State seeks to provide a normative framework for the subjects was profitable to engage in entrepreneurial relationship with the state or state agencies
The article is focused on questions of the legal status of new organizational forms - investment partnership and economic partnership. In this regard, the author examines the issues related to the influence of the doctrine of economic analysis of law on the Russian corporate law. The author notes that the creation of new types of entities should be based on the Civil Code of the Russian Federation. Creation of certain types of legal entities by the adoption of special laws is invalid. In the United States, the prevailing doctrine is the economic analysis of law. Therefore, the creation of new types of legal entities is quite simplified and is subject to the said doctrine. In Russia, the main business and civil relations is the Civil Code of the Russian Federation. Therefore, the creation of new types of legal entities must comply with its provisions. The author notes that creation of an investment partnership, as well as economic partnership, are new to the Russian law enforcement. Analysis of their legal status allows us to say that their design is unknown to the provisions of the Russian corporate law. The author notes that the legal status of these types of legal entities can not be called successful. Therefore, the author suggests subordinating any relationship involving commercial entities to the Civil Code
The article is focused on the question of reforming Russian public and private companies’ law and the various problems that accompany the reform of civil law. So it is noted that the Civil Code still maintain the existing division of legal persons for commercial and non-commercial, but offered no new legal entities. This is largely due to the fact that the legislator seeks only to remove the gaps. The author notes the lack of commitment of the legislator to offer promising models of commercial legal entities. However, the author notes that the elimination of errors only available legislation is not enough. For completeness of legal regulation it requires a new approach to the reform of civil law. We require the same approach for entrepreneurs as well. These subjects of civil and business relations need new models of business. Creating new models should be a subject to certain logic of their construction. The entire list of models of commercial legal entities must be built on the principle of scale. That is, each model of commercial entity must be subordinated to this principle on the basis of their economic importance
The process of Anglo-Saxon law system development has been considered in the article. The main sources of Anglo-Saxon law have been analyzed and the interrelation of law and judicial
precedent has been taken up
The article shows that in new and the newest time in Germany and France the normative element of legal system has been formed, basic features of which are the same for both countries. At the same time the author indicates to differences in normative element of legal systems of Germany and France. There were considered the specificity of national legal systems of Italy and Spain
The article defines several theoretical and practical issues of the execution of the notaries actions based on the comprehensive review of the norms of the effective legislation on notaries, drafts of Federal Law “On notary and notaries service in the Russian
Federation”, and legal practice
The author notes that the last decade of XX century was a time of transition to innovative development in many countries. The article discusses the concept of innovative entrepreneurial activity in connection with the reform of the civil code. Russian legislation
doesn’t have the Law "About innovative activity in the Russian Federation". Meanwhile, in the literature there are lots of interpretations of the "innovation" term
The article studies the questions of the essence and the legal nature of the legal category of “abuse of right” and “circumvention of law”. On the basis of the study the article presents the author's notion of circumvention of law as a form of abuse of the right