No. 4 (2020): Business, Management and Law

CONSTITUTIONAL LAW

1. Mehrentseva N.A. polya.popova2014@yandex.ru Constitutional status of the court and prosecutor’s office – innovations of the Basic Law of the Russian Federation

Abstract: The article is devoted to the analysis of a new version of articles 118 and 129 of the RF Constitution that are fundamental for the Russian judicial system, system of justice, organization and operation of prosecutorial bodies. The author examines issues of enshrining the list of courts that form the judicial system, including the commercial court proceedings into the enumeration of types of judicial activities fostering the realization of judicial power, further developing of judicial federalism as the principle for building the judicial system in a federative state as well as enshrining the functions of the prosecutor’s office.

Keywords: justice system, judicial system, judicial federalism, federal courts and the courts of the RF constituent entities, constitutional (charter) courts of the RF constituent entities, competence of the prosecutor’s office agencies.

 

CIVIL, ENTREPRENEURIAL, FAMILY LAW

2. Bazhina mashsol@mail.ru, E.P. Shekochihina helena271@rambler.ru On the issue of establishing internal relationships between the contract of carriage goods and the supply contract

Abstract: The article is devoted to the analysis of a new version of articles 118 and 129 of the RF Constitution that are fundamental for the Russian judicial system, system of justice, organization and operation of prosecutorial bodies. The author examines issues of enshrining the list of courts that form the judicial system, including the commercial court proceedings into the enumeration of types of judicial activities fostering the realization of judicial power, further developing of judicial federalism as the principle for building the judicial system in a federative state as well as enshrining the functions of the prosecutor’s office.

Keywords: justice system, judicial system, judicial federalism, federal courts and the courts of the RF constituent entities, constitutional (charter) courts of the RF constituent entities, competence of the prosecutor’s office agencies.

 

3. Grigoreva olgagrig@rambler.ru Moratorium on the collection of a payment of legal penalty. Law enforcement challenges

Abstract: the article highlights issues related to the judicial interpretation of the norms of the Federal law of 01.04.2020 No. 98-FZ «On amendments to certain legislative acts of the Russian Federation on the prevention and elimination of emergency situations» and the decree of the Government of the Russian Federation of 02.04.2020 No. 424 «On the specifics of providing utility services to owners and users of premises in apartment buildings and dwelling houses» in terms of the rights of owners of non-residential premises to apply a moratorium on accrual (collection) of penalties for late payment for residential premises, utilities and major repairs.

Keywords: penalty, legal penalty, residential and non-residential premises, rent on dwelling houses, suspension of penalty, moratorium.

 

4. E. Polushin polushin.victor@yandex.ru Reform of controlling and supervisory activities in the sphere of entrepreneurship: problems and ways of realization during the COVID-19 pandemic

Abstract: The article is devoted to reforming the controlling and supervisory activities in Russia during the COVID-19 pandemic. The author pays attention to disparity between the tasks aimed at reducing the controlling and supervisory pressure upon the economic subjects especially the subjects of small and medium-sized entrepreneurship announced by the leaders of the country and continuing practice of tough law enforcement by certain administrative organs and the organs of prosecutor’s office. The article underlines the inquisitory orientation of state control (supervision) in conditions of its inefficiency. At the same time, the author gives positive examples of “mild law” with predominance of measures on crime prevention. In conclusion, the author proposes a number of measures to improve the controlling and supervisory activities.

Keywords: state control (supervision), crime prevention, reform of controlling and supervisory activities, changing the criteria of controlling (supervisory) bodies’ efficiency.

 

5. M. Aminova farida.aminova.2016@mail.ru On the issue of grounds and order of terminating marriage

Abstract: In this article, the author reveals the understanding of marriage as a social and legal category. The author distinguishes between such concepts as termination of marriage and dissolution of marriage. The author reveals the grounds for termination of marriage, and the current order. Problem of termination of marriage arising from the conflict-of-laws are considered.

Keywords: marriage, family, termination of marriage, dissolution of marriage, spouses, conflict-of-laws rules.

 

ENVIRONMENTAL AND LAND LAW

6. Yu. Gaevskaya ekaterinagaevskay@yandex.ru, O.V. Vagina bmpmag@mail.ru On the issue of establishing water protective zones and coastal zones of water reservoirs

Abstract: The authors in their work addressed the problem of establishing water protective zones and coastal zones of water reservoirs defining the differences between the protective line and coastal line. The article examines the possibilities of attributing water protective zones to different forms of ownership and carrying out business activities on them.

Keywords: environmental legislation, water objects, water protective line, coastal protective line, coastal zone

 

7. B.A. Voronin vorininba@yandex.ru, I.P. Chupina irinacupina716@gmail.ru, Y.V. Voronina arizona72@mail.ru Russian village: problems of abandonment of rural settlements

Abstract: Modern agriculture is problematic to continue using previously existing methods and technologies. In order to guarantee food security of the Russian state, and even more so to switch to export-oriented development of agriculture, it is necessary to introduce into agricultural production current breakthrough scientific developments in the field of crop production, animal husbandry and other areas of agricultural activity. To date, the Russian Federation has established a certain regulatory framework that regulates relations for the development of scientific and technological progress in agriculture and the agro – industrial complex. Let’s note the main legal acts in this area: – The presidential decree №623 from 16.12.2015 of the year «On approval of priority directions of development of science and technology of the Russian Federation and list of critical technologies of the Russian Federation» – Decree of the President of the Russian Federation No. 624 of 01.12.2016 «on the strategy of scientific and technological development of the Russian Federation for the long term» – Decree of the President of the Russian Federation No. 350 of 21.07.2016 «on measures to implement the state scientific and technical policy in the interests of agricultural development». Federal scientific and technical program for the development of agriculture for 2017–2025, approved by decree of the Government of the Russian Federation No. 99 of 25.08.2017. – Forecast of scientific and technical development of the agro-industrial complex of the Russian Federation for the period up to 2030, approved by order of the Ministry of agriculture of the Russian Federation No. 3 of 12.01.2020. Unresolved legal acts form the basis for the development of scientific research in the agricultural sector of the economy and the transition of the agro-industrial complex to an innovative development path.

Keywords: agriculture, agricultural and industrial complex, innovations, scientific and technical progress, agricultural entrepreneurship, food security, scientific developments, agricultural activities.

 

TAX LAW

8. D.V. Vinnitsky vinnitskydv@soeka.ru, D.A. Kurochkin den.al.kurochkin@gmail.com Modern ways for eliminating the barriers and limitations in the sphere of single services market in the sphere of conducting research works in EAEC member-states

Abstract: The article evaluates the current state of legal regulation of a single services market in the sphere of conducting research works of EAEC member-states. Based on questionaries produced by the participants of the said services market in all EAEC member-states, the system of typical barriers on R&D market of EAEC member-states was identified. The identified barriers may be divided into two groups: barriers of formal character coming out from the legislative provisions of EAEC member-states as well as barriers that have hidden character (including those that do not come out from the law but manifest themselves in practical activities) or potential character (when barrier may manifest themselves depending upon the specific features of this or those practical situations). It is stated that for the aim of eliminating those barriers it is necessary to adopt the Review of the practice that foster eliminating barriers and limitations in the sphere of R&D services market functioning in EAEC member-states (at the level of Eurasian Economic Community) and to conclude the Agreement on administrative collaboration within the Eurasian economic union by EAEC member-states. The collaboration should be in the sphere of conducting research works and implementing in the sphere of social and human sciences. By the model of three barriers (requirement on the laboratory accreditation, requirement on accreditation of research organization, requirement priority of goods with national origin) the author gives examples of possible provisions of the Review of the practice that foster eliminating barriers and limitations in the sphere of R&D services market functioning in EAEC member-states.

Keywords: Eurasian Economic Community, single services market, research works, barriers, elimination of barriers

9. I. Savitskiy sai001@usla.ru Tax discrimination and «horizontal» restrictions: problems of ratio in the EAEU

Abstract: The article assesses potential cases of tax discrimination that may arise as the consequence of the EAEU domestic law application, and provisions of the EAEU law which prohibit discrimination, on one hand, and justify legal differentiation – from the other hand, e.g. «horizontal» limitations. The author analyses the EAEU law and EU case law and argues that the limitations and derogations from the national treatment (and non-discrimination regime) may not be voluntary and make void the object and aims of an international treaty which have higher value.

Keywords: tax discrimination, horizontal commitments, subsidy, national treatment, incentives, R&D, EAEU

 

COMPARATIVE JURISPRUDENCE

10. Puchkov V.O. puchkovandpartners@gmail.com Unique constructions of limited proprietary rights in private international law of Germany and Russia

Abstract: The article examines the structures of limited proprietary rights in private international law of Germany and Russia that are not characteristic to civil law outside its conflict-of-law aspects. The binding nature of such constructions is substantiated, justifying the extension of relevant methods of protection to the area of the relevant relations. It is concluded that conflict-of-laws rules on real estate contracts should be applied to these constructions in the context of private international law, since this will provide greater freedom for the entities of the relevant legal relationship in establishing or changing civil rights and obligations and will exclude the possibility of the court to recognize the unique design of a limited proprietary right contrary to the law.

Keywords: real estate, plot of land, private international law, foreign persons, thing, obligation, conflict-of-laws connecting factor.