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Legal thought: history and contemporarity
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3–11
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The article tackles the role of judicial practice in developing Russian law, pro and con of judicial precedent. According to the author,it is important that all higher courts take into consideration resembling principles of influence of their legal position on social relations, i. e. Support to the concept of precedent law. |
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12–16
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Serebrovsky did not emigrate after the events of 1917. But he never entered the Communist Party. He started a new humane approach in the legal scientific work. The inheritance and life insurance became the centre of his studies |
Russian law: conditions, perspectives, commentaries
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17–35
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The Constitutional Principle of Equality is one of the fundamental principles of the tax law. It is widely used in the practice of the Constitutional Court in the course of considering tax cases. One can find in the decisions an interpretation of the universal character of this principle, as well as the particularities of its application to the sphere of tax relations.The principle of equality is the most important criteria for evaluating the constitutionality of tax laws. It serves also as a criteria for estimating the practical activities of the tax authorities.The author analyses the concrete tax cases which were under consideration of the Constitutional Court to show in what way the mechanism of constitutional guarantees of the rights of taxpayers is functioning. |
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36–46
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As a rule registered trademarks are not copyright. But in some cases they are —if trademarks are original. In these cases the problem of delimitation arises. To avoid the troubles, the 140Правовая мысль:история и современность trademark applicants, as recommended, obtain a written consent from copyright owner concerning the use of his or her copyrighted work as a trade mark. This document must also provide waving moral rights concerning copyrighted work. Article 1483 (point 9) of the Civil Code of the Russian Federation provides that the trade mark, which includes copyrighted works, widely known in the Russian Federation, can be used with the consent of copyright owner only. |
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47–56
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The artickle tackles the issues of a key term of contract between the owner of a vessel and the charterer for the use of a vessel (сharter party) —a safe port. The concept of a safe port and requirements (terms) which it is to meet —nautical, sanitary, political and legal —have been worded. A safe port clause tends to be a requisite of сontract of affreightment. It is very close but it does not dovetail other related clauses of this contract —«as close as the vessel can approach safely», «always afloat», «not always afloat, but safe on the bottom». Shipowner has a right not to implement the requiement of the other party —merchant —on directing the ship to a safe port.The safe port term is treated as a guarantee of a free port under English law. This means that the breach of guarantee by the merchant entails damage to the vessel for the merchant in any case. The merchant may be indemnified only if the vessel's captain performing the merchant's order breaks the chain («novus actus intervieniens»). Under Russian law, the liability of the merchant for directing the vessel to an unsafe port is a contractual liability based on the principle of guilt. |
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57–74
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In this article the author examines the nature of nonprofit organizations as subjects of Russian civil law. The author notes that the problems of non-profit organizations both at the legislative level and in the theory of civil rights are not neglected. We investigate a number of unsolved issues in this area. Critical analysis of the concept of development of civil law in parts of the proposed changes in respect to the status of non-profit organizations is given. |
Law in the modern world
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75–87
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The article presents analysis of judicial precedent in common law legal famil, treats its distinction from judge-made law in Roman-German legal family. Author makes conclusion about general trends in interaction of statute and judge-made law in both legal families as display of theirs natural convergence. |
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88–103
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This article examines the concept of direct effect of EUlaw. It discusses whether the conferral of rights is a condition of a norm taking effect in the national legal system, and it is argued that this is not the case. The quintessence of the direct effect doctrine is whether a norm is justiciable by the national judges, rather than the norm’s capacity of conferring rights on individuals. It is argued that the question whether a norm has direct effect must be resolved in accordance with the «theory of relativity»;i.e., it is the aim for which the norm is relied on and the circumstances of the case that determines whether the norm is sufficiently precise and unconditional. It will be argued that there are «two different kinds of direct effect»that have originated in the Court of Justice’s case law, substitution effect and exclusion effect. Both are variations of direct effect. The former aims at entirely substituting the national norm, and hence concerns the conferral of a right on an individual. The latter aims at having a national rule set aside (excluded from application), allowing EUlaw rules laying down sufficiently clear obligations to be enforced. [It is underlined that one should not equal the question of whether a norm has direct effect with the question whether a person can rely on a norm in front of a national court and what questions the national court has to pose in order to establish that an EU-norm can be relied on. While the former concerns the quality of the norm, the latter is concerned with the attributes of the specific person who seeks to rely on the norm.] |
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104–115
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The aim of this article is to provide a collection of materials which satisfy the needs of students and experts of the discipline of copyright. It describes the main principles of the Intellectual Property Code of France related to the intellectual creations. |
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116–125
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The article focuses on the essential expansion of leaseholders’ preferential right to purchase the freehold, which has taken place in Ukraine since 2004. The approaches by general doctrine, the Constitutional Court of Ukraine, the Supreme Court of Ukraine, the Supreme commercial court of Ukraine and the Supreme administrative court of Ukraine to this legal institute are being studied. The author found out some new topical problems regarding the subject matter of article and proposes specific ways to solve them. |
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126–135
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Problems of legal regulation of educational process are topical both from theoretical positions and the ideal model of legal regulation of the given area of public relations in Russia, and with practical (decrease in quality of teaching, discrepancy of the educational legislation, inclusion of the problem in the Bologna process now is not developed, etc.) «The round table»:«Problems of legal regulation of educational process in modern Russia», arranged by the Department of the Theory of Law and Comparative Law of the State University —Higher School of Economics was devoted to the given problems. Participants of the session offered following decisions on the designated problems:standard fastenings of the list of the educational documentation of teachers;providing system of grants for young experts;working out and standard fastening of the requirements shown to teachers and quality of formation;ordering the educational legislation in the form of Educational code. |
Law in Figures
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136–138
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The article studies the activity of arbitration courts in 2009. |
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