Legal consolidation of the corporate agreement institution
in the Civil Code of the Russian Federation allowed the
participants of business companies to implement and
manage corporate rights in accordance with this
agreement. However, reception of the institution and the
lack of uniform court practice gave rise to many doctrinal
disputes about the legal nature of the contract. The article
presents the opinions of scientists on the issue of what
rules of areas of law regulate the corporate agreement,
whether it is separate or complex legal institution. The
authors consider that the corporate agreement is governed
exclusively by the rules of civil law. The corporate
agreement is not a contract or an obligation in the
traditional sense, however, it should be subjected to the
general rules of obligations and contract law The
corporate agreement has features of the unnamed
contract, but despite this, it should be recognized as an
independent civil law named contract. It is needed to
ensure that, in addition to the general rules of the
Obligations and Contracts, the rules of a treaty on the
rights of participants of the limited liability and
stockholders' agreement are applied to the corporate
agreement
The article touches the problem of studying the procedure
of granting housing to refugees and IDPs (internally
displaced persons) as well as their family members. The
procedure of granting housing to refugees and IDPs is a
very important process, being one of the general stages of
the modern border policy of Russian Federation. The
Standards of Housing Code and Code of Federal
Regulations, which secure legal status of these categories
of citizens, are analyzed In this article. The authors
analyze criteria of giving the refugee or IDP status to a
citizen, the procedure and conditions of providing
housing to these categories of citizens. Based on the
studies, the revision of the Standards of Housing Code,
particularly, the expansion and supplement to the notion
«accommodation» is offered, also it is offered to combine
the general regulations on the procedure of providing
accommodations to the refugees and IPDs. It is also
substantiated in the article that there is need to amend the
notion of specialized housing fond. The authors consider
reasonable to clarify what are the other accommodations
of different status that can be provided to refugees, IDPs,
and their family members. The proposed changes in
housing legislation will let us simplify and adjust the
mechanism for implementing the housing regulations in
legal relationships in providing housing for refugees,
internally displaced persons and their families
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
Russian civil legislation contains a list of ways in which
the parties to the transaction have the ability to enforce
the commitments. These methods form an important
institute of the Russian law of obligations. For a lender,
ensuring the fulfillment of the obligation is an additional
guarantee that the commitment made by the debtor of his
obligation will be fulfilled properly in accordance with
the terms of agreement between them. In this article we
will focus on independent guarantee – one of civil-law
ways of ensuring the fulfillment of the obligations which
differs from the others. The independent guarantee is not
new to the domestic civil law. Thus a bank guarantee,
familiar to the Russian law, have transformed. Having
made a comparative legal analysis of the characteristics of
a warranty considering significant changes in liability law
norms, the authors explore the legal nature of the
independent guarantee, define its place in the system of
the ways of ensuring the fulfillment of obligations,
analyze the feasibility and effectiveness of the
implementation of the warranty in practice, focus
attention on the discussion of theoretical questions, and
name problems that law enforcers may face in ensuring
the fulfillment of obligations by means of the independent
guarantee
The author has analyzed scientific and technical
literature, plus materials of judicial and investigative
practice, criminal procedural law, different views of
scientists, as well as his own judgments on the
proposed changes and additions to the content of the
article 163 of Criminal Procedure Code. The analysis
allows the author to declare the need to invite the
heads of the investigative bodies of the various
departments and units to carry out more in-depth
additional analysis of the items and norms of the
criminal procedural law governing the activities of the
detective, the head of the investigative body, the head
of the investigation team, the investigator, the chief of
the inquiry body, the body of inquiry unit and the
head of the group of investigators. However, the
article 163 of Criminal Procedure Code provides for
organizational and administrative activity of the head
of the investigative body in terms of decision-making
on the establishment of the investigation team, in
determining the psychologically compatible, pushing
and experienced investigators, members of the
investigation team, as well as the approving of the
head of the investigative group. Moreover, according
to the p. 3 of part 1 of the art. 39 of the Russian
Criminal Procedure Code, a head of the investigative
body has the right to give instructions about the
direction of the investigation and certain investigative
actions
Discussion and problem questions of criminal-legal
struggle with terrorism are considered. Terrorism as a
phenomenon of our society was analyzed. The
assessment of criminal legislation and the bill on
property and criminal responsibility of relatives of
terrorists is given
Improving methods of investigation of terrorism is the
leading task of modern criminalistics. Different aspects
of criminal law and criminology connected with the
fight against terrorism were under focus in juridical
literature. At the same time criminalistic characteristic
of terrorism as a system of generalized notion of
significant features of crime under discussion and its
interconnections are not analyzed properly. There is a
need for further analysis of terrorism, suggestions for
its prevention and control. The article deals with
exploration of the subject of criminal encroachment,
the method of commission and concealment of this
crime, the mechanism of formation of traces, the
circumstances of the offence, the personality
characteristics of the offender and the victim, under
circumstances of changing crime situation and
significant increase in offences of a terrorist threat
This article focuses on actualization of mainstreaming
of research the problems of development of native
civil society within the conservative direction, based
on historical civilizational identity of Russia.
Comparing main postulates of russian and west
civilizations their historically formed priorities in
spiritual, political and economic spheres are showed.
Based on them and on critical assessment of attempts
to adapt the western model to Russian reality, authors
consider that the nature of the problem of similarity
between Russian reality and model civil society is in
only west orientation of civil society theory, which
does not suit to stable features of Russia as specific
civilization. Trying to find an optimal model of civil
society, authors refer to an idea of core values of
native civilization. A number of historical issues,
which influence on positive development of civil
society in Russia, is showed. In order to solve them it
is suggested to take measures, the realization of which
depends on implementation some functions by civil
society together with the state. It is concluded, that
Russian society during its history can be reviewed as a
civil society within its traditional value
The article examines the process of secularization of
Church property in the history of the world. Special
attention is paid to the assumptions of the preparation
of secularizing reforms in the Russian state since the
policy of Joann III. We address the relationship
between Church and state in the field of Church lands
and ecclesiastical jurisdiction authorized in Stoglav in
1551, and in the judgment of the Council estates in
1581 and 1584. The article studies the reasons, under
which it became necessary, in conditions of the
emerging absolutism, to limit the Church's estates; the
ecclesiastical jurisdiction in this connection, there was
issued the national Code – “Sobornoye ulozheniye” of
1649. The study discusses the limitation of economic
and administrative privileges of the Church in
accordance with the Council code of Tsar Alexei
Mikhailovich. The article focuses on the
administrative and financial functions of the Monastic
Order. We have also made a distinction, and there are
differences in the powers between the Monastic
Orders 1649 and between recreated Monastic Order in
1701. The article discusses the mission of the Church
reform of Peter I the Great and the results of this
reform, which prepared the legislative framework for
the secularizing reforms of Catherine II the Great
The article discusses the "Symphony of authorities" in
Byzantium and Russia. It reveals the nature, origins
and objectives of the State and the Church. Since
ancient times, the Church played an important role in
the life of society and state. In Byzantium, the
authority of the Emperor played a major role in
strengthening the Orthodox Church. The Church,
particularly, has developed and highlighted the
official doctrine of the divine origin of the Imperial
power. In the Byzantine Empire a perfect model of
Church-state relations – "Symphony of authorities"
was formed. The article takes into account the
Byzantine edicts, which regulated the relationship
between the Church and the state. We considered the
legislative acts of Ancient Russia, confirming the
existence of that "Symphony" in the Kiev period. The
basis of the ancient law was based on the Byzantine
collection of ecclesiastical rules and Imperial edicts,
called Nomocanon. The article focuses on the models
of the interaction of the Church and the state. Special
attention was paid to the concept of "Moscow is the
third Rome", due to the continuity of the Byzantine
Empire Russia as an Orthodox center. We discuss the
result of Ferrara-Florence Union as the main reason
for the awareness and acceptance of the concept of
Philotheus by Russian people. Taking into
consideration the concept of "Moscow is the Third
Rome", we consider models of the interaction
between the state and the Church in the era before
Peter I the Great