Articles

The article concerns two proverbial divisions of foundations recognized in the German Law, that have become relevant for the Russian Law in connection with the implementation of the institution of hereditary foundations, namely the division of foundations into private and public and the division of foundations into inter vivos and mortis causa. The analysis of the relevant classifications and the underlying criteria is of interest from the comparative law perspective and may provide some unified understanding of the notions, ambiguously interpreted in the Russian scholar and professional community. As a result of the research, it is concluded that in the German Law private and public benefit foundations, as well as inter vivos and mortis causa foundations are types of the single institution of foundation and do not constitute separate legal forms of legal persons with their own civil law status. In this connection, the key differences of this approach from the one adopted in the Russian legislation are defined and the possible path to development of the institute of foundation in the Russian Law is established.

From the standpoint of the system-activity approach, the place of lie in the structure of forensic cognition was considered. The second of two related articles explores the characteristics of lying as method and result of forensic cognition. A distinction was made between misleading as a method of criminalistic cognition and other categories of investigator’s lie. Two types of cognitive tasks of the first category of the lie were considered, according to which two situations were distinguished. The first one was a “diagnostic lie”, which is used to check some investigative theories. The second one was a lie, which aims to neutralize opposition to the investigation. The main ways in which the investigator committed lies were also analyzed. It was substantiated that, although the result of the investigation may be aimed at misleading the judge, this lie does not apply to notion of criminalistic cognition. At the same time, such actions of an investigator, which are illegal, are of significant interest for the forensic science.

The article analyzes the influence of classical and romantic cultural trends on the processes of genesis and interpretation of law. It is stated that a purely rational-classical perception of the phenomenon of law is an echo of Hegelianism that left a deep imprint on the perception of law and is not sufficiently justified. The classicist interpretation of legal reality is not sufficient to ensure proper personal autonomy and can hinder the manifestation of all the diversity of spiritual life. This, in turn, can lead to apathy, lack of will — the rules of law begin to be observed mechanically and are torn away from their moral source. It is argued that the conceptual justification of law as related to the sphere of a romantic, rather than scientific and rationalist worldview, will enrich the understanding of legal phenomena in terms of recognizing the creative component of legal reality. The idea that the development of the romantic component of law will help to develop a system legal thinking is upheld. This, in turn, will realize the potential of law in the cultivation of personal autonomy by deautomatizing “acquired” models of thinking and behavior in favor of a creatively critical attitude to a purely positivistic interpretation of law. Ultimately, legal romanticism, as opposed to formally standardized interpretations of freedom, is intended to provide a harmonious combination of individualism and creative activity of subjects with collective and inert-passive ones.

This article is the first part of essay discussing the issue of political responsibility of the Russian Provisional Government. The author shows that violent overthrow of monarchial order didn`t bring to embodiment of ideas of liberal groups about establishment of political responsibility of the government before parliament. The Russian Provisional Government considered that it can bear responsibility for its decisions only before the people, and therefore refused to consider itself responsible before the State Duma. Attempts of the Mensheviks and Socialists Revolutionaries to compel it to bear responsibility before Pre-parliament were also unsuccessful. Right up to its overthrow the Russian Provisional Government successfully counteracted the attempts of right-wing and left-wing political groups to establish the political control of any representative body over it. However, although the Russian Provisional Government remained irresponsible, it`s members bore responsibility before the political parties, which delegated them in the Government. Contrary to expectations of the liberal groups, period between the February and the October revolutions was the time of formation of a principle of party responsibility of the officials. The first article of essay embraces the period from March 1 to beginning of July 1917.

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.