The article contains legal theoretical definition of the concept of information and computer information, its juridical essence and fundamental characteristics in the context of formation of informational society. We have also made a short stage analysis of the formation of legal norms in Russian law in informational sphere. On the basis of the analysis the author gives his own definition of the term of computer information and concludes that problem requires immediate complex measures which should be directed to improvement of legislative norm
The article is devoted to one of the most disputable
categories of jurisprudence – to abuse by the right. The
law does not allow the exercise of civil rights with the
intent to harm another person, as well as abuse of
rights in any form, including in the form of
circumvention of the law. The author regards as the
already known issues with the application of the
principle of the inadmissibility of abuse of the right, so
new in connection with the amendments to the Civil
code of the Russian Federation. The amendments to
the article on the abuse of rights were caused by the
current practice. However, there remains a question
about how well these novels are being implemented.
This article examines the question of the application of
the principle of prohibition of abuse of rights in
proprietary relations. Statistics show that the judges
started to apply Art. 10 ten times more often in
proprietary relations. Still, this situation is inextricably
intertwined with the risk of judicial discretion. The
article also investigated the correlation of the
subjective rights of a bona fide owner and a bona fide
purchaser of real estate. Based on the conducted
research the author proposes the notion of abuse of
right in property relations. It is concluded that a proper
understanding of the categories of "bona fide owner"
and "bona fide purchaser" is the main factors in the
resolution of a number of practical issues
The author analyses the issue of the relationship between mediated agreements and settlement and their legal inter-relationship, as well as critical comments regarding the lack of imperative requirements in Federal law of the Russian Federation of 27.07.2010 N 193-F3 "On alternative procedure for settling disputes with the use of an intermediary (mediation procedure)" to the contents of the mediated settlement agreements which are subsequently endorsed by the arbitral court as settlement agreements
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
In the article, the comparative analysis of the status of prosecutors autonomy in the Ukraine and in the Russian Federation is given, it also describes the features, inherent in the status of the Prosecutor of the Autonomous areas of the two countries, and characteristic differences; it made an accent on the necessity of the development status of the Prosecutor of the autonomy taking into account national peculiarities and world experience
As a starting point of the research the author proceeds that Great Britain and USA appear as ones of large trade partners. As a sequence there are formed such situations in action, when it’s difficult to solve questions which are bounded with calculation of measure of damages taking into consideration peculiarities of Anglo-Saxon and continental legal families
The article investigates the institution of common property and the institution of common possession of the intellectual property in the civil law of the Russian Federation. The author of the article highlights the particular features of their common possession of intellectual property based on a comparison of these institutions
This article is devoted to the modern issues of the research of organizational and legal forms of innovative organizations. The authors consider innovative organizations as subjects of business law, where the special attention is given to small innovative organizations, created on the basis of Kuban State Agrarian University
In modern civil turnover the definition of a bidding contract is a well known way of making contracts. Despite this fact, the modern legal science has not formed a general idea about the tender. In particular, the problem of this phenomenon is in minor investigation of the principle of the conclusion of agreement and the deal itself in the civil law. It requires further legal analysis in investigation of the legal procedures of the contract at the auction. Legal regulation of the relations in the area of conclusion of the contract on bidding is quite extensive in reality and evidenced by the reflection in the legislation of a significant number of trades. A vivid example is the legislation on the auction, conducted for the purpose of placing the state order. This legislation is comprehensive and currently is under in the process of reform in development of a new contractual system of the state order. The particular interest increase in the conclusion of the contracts by means of the electronic trading platforms. Thus, the situation in the field of legislation on the auction, its practical application and theoretical research in this field requires the further investigation of the bid process as a whole law area that illustrates the relevance of this article
In the article theoretic and practical problems of the privatization of the state property, introduction of amendments to the privatization legislation of the Russian Federation and regulation of processes of privatization are analyzed. Рolitical and economic reasons for privatization of big enterprises are considered, same primary problems of the process of selling the publicly owned companies and of the state financial control over the privatization are revealed