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
In the article we analyze the theoretical model of an administrative legal regime of ensuring ecological safety, as well as the elements of its contents reveal, the directions of improvement of an administrative legal mechanism of ensuring ecological safety of society and the state are offered
In the article the basic legislative innovations in the field of regulating of labor relations in educational institution are considered, inconsistencies in normative documents are shown and the ways of their coordination are presented
The article examines some features of realization of powers of executive authorities by hearing of cases about administrative offenses
The article considers the problems of addressing and
grounds of criminal responsibility for the rehabilitation
of Nazism, the concept and methods of committing
this crime. This article uses various opinions of
scientists-lawyers of Russia on the rehabilitation of
Nazism, such as: S. V. Rozenko, A. A. Turysheva, M.
L. Prokhorova and gives an opinion on the need to
implement the article 354 (1) of the criminal code of
the Russian Federation fully and the Federal law from
13.03.95, â„–32-FZ "About days of military glory and
anniversaries of Russia"
An analysis of the provisions of the Criminal
Procedure Code and other regulatory legal acts
relating to the investigation and operational
investigation team activity shows that the head of the
investigative and operational group exercises, among
others, the organizational and managerial function.
Consequently, these powers are not limited to
procedural functions alone. In the proposed article, the
author examines what these functions are and how
they influence the procedure for investigating crimes
This article is devoted to the topical issues of investi-gating the causes of accidents occurring in the workplace. The author systematically examines the main areas of difficulty in the area of legislation
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 article is devoted to one of the most disputable
categories of jurisprudence – abuse of rights. Modern
civil legislation contains many of the assessment law.
Interpretation and specification of evaluative concepts
is a challenging intellectual process. Abuse of right is
a consequence of the process of interpretation of
appraisal standards. 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. In particular the principle of good faith is
investigated as a fundamental principle for civil
rights. The article is devoted to the question on the
essence and the legal nature of circumvention of the
law, as well as the notion of circumvention of the law
with unlawful purpose as a form of abuse of right. On
the basis of the study presents the author's notion of
circumvention of the right. The authors have made a
conclusion that the correct interpretation of the
categories of "subjective property law and protected
by law interest" is the key to understanding the notion
of abuse of right. The conscientiousness of
participants of civil relations, as well as the
intelligence is the proper limits of lawful behavior of
the subject civil relationship, the breach of which
allows detecting the signs of abuse of subjective civil
law
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 property 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 considers the already known issues with the application of the principle of the inadmissibility of abuse of the right, as well as the new ones in connection with the amendments to the Civil code of the Russian Federation. In particular, we investigate the principle of good faith as a fundamental principle for civil rights. The article is devoted to the question on the essence and the legal nature of circumvention of the law in the property-legal relations, as well as the notion of circumvention of the law with unlawful purpose as a form of abuse of right. On the basis of the study the article presents the author's notion of circumvention of the proprietary right. The author made a conclusion that the correct interpretation of the categories of "subjective property law and protected by law interest" is the key to understanding the term of abuse of right in the exercise and protection of property rights. The conscientiousness of participants of civil relations, as well as the intelligence is the proper limits of lawful behavior of the subject property relationship, the breaking of which allows detecting the signs of abuse of subjective civil law