The given article is devoted to contract and non-contractual ways of using the exclusive right for trade marks. Three main types of agreements can be selected out on the basis of civil legislation: contract on alienation of exclusive right for a trade mark and licensed contract. The determination, the content and the form of these contracts are analyzed and the author’s determination of given contracts are formed in this article
The article deals with the peculiarities of the proprie-torship acquisition due to long standing of possession on the basis of juridical facts theory. There is the analysis of the necessary conditions for the proprietorship acquisition on the given basis (fairness and openness of the possession, continuity of the term) and the general description of the supposed changes in the Civil Code of the Russian Federation related to the acquisi-tive prescription institution
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 this article, the concept of ground servitude, bases and order of its occurrence and termination is characterized
In Russian civil legislation the consumer is a citizen
who concludes the contract of retail sales for purposes
not related to business activities. Incorporated person
has no right to conclude a contract of retail sales.
Therefore the law on consumer protection is not used
for legal entities. The law on consumer protection gives
to consumers an opportunity for simplified procedure
to challenge acts or omissions of the sellers and
protection of their rights. But at the same time the
incorporated person may acquire the goods, works and
services not for business purposes. In particular, this
occurs when incorporated person buys goods for its
professional aims, not just for its implementation. The
authors think that legislator unreasonably violates the
rights of legal entities, because they can not be
consumers. The authors justify the possibility and the
necessity of recognizing the incorporated person as a
consumer in the contract of retail sale, and that will
allow spreading the legal norms of consumer protection
on them
The legal entities of the preliminary investigation agencies that are authorized to make decisions and draw regulations at this stage are an investigator, a detective, the Head of the investigative division, the supervisor of the investigative body, a prosecutor. The requirement for the legality of the regulations issued by the above-mentioned legal entities develops with the initiation of the criminal case. Such requirement is applied to the decisions made by an investigator or a detective under the common rule
The authors analyze the criteria of claiming citizens as poor, the grounds and the procedure of such recognition. Also, the article reflected the observations regarding the deficiencies as the Housing code of the Russian Federation and the law of the Krasnodar region dated 29 December 2009, № 1890-KZ “To the procedure of claiming citizens as poor in order to make them registered as in need of residential premises”. According to the research, the authors propose independent conclusions and judgments on the subject
There are often used evaluative indications in
Russian legislation during legal rules design –
concepts, which are not determined by current law. On the one hand, it is an inevitable occurrence. But on the other hand, it affects negative on a uniform
application of criminal law norms and qualification of crimes
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
In the article we consider the main signs delimiting the term of “finance” from the term of “money” through a prism of their emergence and development history. The special attention is paid to identification of essence, features, the main functions, the role, and also significance of finance and money for modern society.
Own opinion of authors is concerning the treatment of studied categories