Articles

The article analyzes the constitutional and legal position of the institution of the President in the United Arab Emirates, which is so unusual for Arab monarchies. The features and elements of the constitutional and legal status of the President of the UAE, the procedure for election, his place and role in the system of federal government bodies of the UAE, in the functioning of the federal structure, as well as his powers and the degree of influence on various branches of government are investigated. Emphasis is placed on the powers of the President in the sphere of legislative power. The President of the UAE is at the same time the head of one of the subjects of the Federation, which imposes its own characteristics on both the status of the head of state and federalism in the UAE as a whole, and, as a result, gives rise to certain problems in the system of federal relations. Various problems related to the legal status of the President are raised and analyzed, including the problem of constitutional and legal responsibility and the balance of interests in the system of federal relations. On the basis of a detailed analysis and analysis of the constitutional and legal status of the President, a conclusion is made about the monarchical form of government at the federal level in the UAE, as well as the presence of broad mechanisms of power at the head of state.

The article is devoted to legal regulation problems of shareholders agreements’ concluding. In order to resolve these problems the author refers to the legal qualification of a shareholders agreement and conclude that a shareholders agreement is a civil contract. On this basis, the author determines the rules to be applied to such agreements. Possible ways to conclude a corporate agreement are considered on the basis of the general theory of concluding agreements. Special attention is paid to the application of the rules on acceptance and offer to concluding a shareholders agreement. Inapplicable ways of shareholders agreement concluding are highlighted due to the absence of a single document signed by the parties as the result of concluding process. In addition, the author examines in detail the requirements for the form of a shareholders agreement, and also reveals possible cases in which notarization of mixed agreements is required.

The article discusses a document adopted in the development of the norms of the first Soviet Code on marriage and family. This is the instruction of the People’s Commissariat for Social Security in 1919 on the organization and procedure for the activities of local guardianship authorities. The authors also provide the text of this document. The main objective of the article is to introduce into the scientific circulation a document that was previously almost unknown to historical and legal science. The authors also set out to study the relationship of the instruction in question with the 1918 family Code, in the development of which it was adopted. According to the authors, the implementation of the provisions on guardianship of minors outlined in the instructions was unsuccessful. At the same time, the unrealistic and even utopian nature of certain provisions of the 1918 family Code is especially clearly visible in the study of the problem of implementing the norms of the instruction on guardianship departments. Nevertheless, the authors believe that the studied instruction will allow to re-evaluate the significance of some marriage and family norms of the first years of Soviet power, as well as the views of their creators. For the history of family law, the instruction on the organization and procedure for the activities of the subdivisions of guardianship in 1919 has significant scientific significance. It deserves a scientific introduction and careful scientific study.

The resolution of corporate conflicts, complicated by a foreign element, may become the determination of the law applicable to the rights, obligations and responsibilities of the parties. One of the reasons is contained in a rather complex system of legal norms, prescriptions inherent in domestic and foreign legislation. The article discusses topical issues on domestic and international corporate law related to the determination of the nationality of a legal entity, its possible subordination to one or another state in the context of resolving future corporate conflicts. First of all, preference is given to the analysis of law enforcement practice regarding the use by individual companies of the law of a particular state, on the basis of modeling, specific conflict situations are designed and, in accordance with the current judicial practice, reasonable solutions and ways of resolving these issues are proposed. Referring to the comparison of various legal systems, the author points out the parallels between the formalization of the norm in the existing agreements of the company and the actual further operation of such an agreement in correlation with the legislation of the state, the right of which is exercised by one of the parties to the agreement. In the conclusion of the article, the author concludes that the existing system of law is imperfect, which gives rise to various conflict situations between foreign companies and proposes amendments to the current legislation.

A successful transfer of private wealth to the next generation is important not only to wealthy families but also for the economy at large. There are various levels of asset protection and some of them are available to almost any businessperson. Private foundations have been for a long period conventional asset protection vehicles all over the world as much as trusts are. This article outlines the main features of trusts and private foundations and a special status of the settlor of a trust and the founder of a private foundation in Liechtenstein law. The purpose of this research is to analyze the legal status of the founder of a trust and the founder of a private foundation and to analyze a trust and a private foundation as efficient legal tools to preserve the assets of a wealthy natural person. The objective dimension of the study is the institutional and legal structure of a trust and a private foundation in the chosen jurisdiction. The subjective dimension of the study is the aggregate of international and national legal aspects that are fundamental in determining the optimal structure for protecting the assets of an individual.

Constitutional amendment rules fix the procedure of constitutional reform and also establish the formal and material limits of constitutional changes. These are one of the most important constitutional norms, because on their ground the rest of the constitutional norms are changed and even performed the adoption of a new constitution. Moreover, the validity of the constitution itself largely depends on constitutional amendment rules. Hart’s theory of primary and secondary norms helps to understand the constitutional nature of constitutional amendment rules, which perform the function of substantiating the validity of constitution changes. In this article, constitutional amendment rules are considered precisely as secondary constitutional norms. The article also substantiates the thesis that constitutional amendment rules should be changed only together with the adoption of a new constitution, since these are norms that determine the validity of other constitutional norms. When constitutional amendment rules are changed, arises a paradox of self-amendment (A. Ross), which leads to a formal logical error of self-reference. The paradox of self-amendment confirms that constitutional amendment rules must remain unchanged within the framework of the constitution. Constitutional amendment rules can only be changed by complete constitutional revision or constitutional revolution.

The scientific article examines the problems of determining the content of subjective civil right, the influence of the doctrine on law enforcement, as well as protection in court of the right that does not objectively exist. Based on the analysis of the doctrine, the main theories of the content of subjective civil right are distinguished. In the debate about the possibility of considering the right to protection outside the scope of the content of subjective right, the authors take the position that the right to protection can exist only as an element of the content of subjective right. The impossibility of exercising the subjective right to defense in the absence of any element of the content of the subjective right is substantiated. It is proved that within the framework of the structure of subjective right, the right to protection is inherent in each element of the content of subjective right. It is concluded that the goal of protecting the right is connected with the restoration of the capabilities of the rightholder of the subjective right to act at his own discretion in the scope of his powers. It is proved that judicial protection of the absent right actually “creates” a nonexistent right. Based on the analysis of judicial practice and the existing theory, the conclusion is substantiated that not any error in the behavior of the subject creates an opportunity to protect the right. Such behavior should prevent the copyright holder from exercising the right in his interest.

The article explores preconditions for implementation mechanisms of digital educational environment (DEE). The mechanisms include practice and empirical experience of the Faculty of Law of Lomonosov Moscow State University, academic and methodological component, and organizational and institutional framework. It is assumed that the development of digital educational environment may be defined as ‘innovation’ as it allows to adapt educational process to the challenges of the modern world. It is important to distinguish between the ideas of ‘creation of digital educational environment’ and ‘implementation mechanism of digital educational environment’; ‘education quality criteria’ and ‘quality criteria for the organization of educational process’. The article presents a discussion on functioning principles of DEE and its ‘core’ (key elements). DEE mechanism is analyzed from three aspects: its content, control, and communication. Integration process of DEE components were also analyzed. Characteristics of DEE development drivers comprise generational change; changes in the set of students’ values; accumulation of evidence-based data related to the learning outcomes in the digital environment. This article is a part of research on functioning principles of DEE and law education quality criteria in the digital environment.

This article is devoted to the issues of the possibility and validity of recognizing an act as insignificant within the formally defined crimes. To this end, the author examines the understanding of public danger in relation to the question of the insignificance of an act with formally defined crimes in the doctrine and judicial practice. The article draws a conclusion about the role of the insignificance of an act as a tool that allows decriminalizing violations of regulatory legislation that do not have a criminal public danger within the formally defined crimes. This conclusion is revealed by the example of the corpus delicti provided for in Article 200.3 of the Criminal Code of the Russian Federation. The author also substantiates the conclusions about the possibility of recognizing as insignificant an act within the corpus delicti with an alternative form of mens rea; about the need to bring a person to administrative responsibility for committing an act recognized as insignificant due to the absence of criminal public danger; on the need for the court to make a decision on the possibility / impossibility of recognizing an act as insignificant in each specific case and, accordingly, the inadmissibility of limiting the list of acts that can be recognized as insignificant by the Plenum of the Supreme Court of the Russian Federation (at least in relation to acts that have / do not have a criminal public danger).