Articles

This article compares a court order as a measure of enforcement of a negative obligation in English law with measures of enforcement of such an obligation in Russian civil law. A study of key cases that have taken place in the practice of the English courts, the author came to the conclusion that the method of protection, provided for in section 6 of art. 393 of the civil code is not a complete analogue of the English court order.

The article deals with a set of international legal requirements towards prevention, reduction and control of operational pollution from offshore oil and gas installations. The analysis shows the fragmented character of the current international legal framework, that is reflected both in general nature of global maritime conventions rules on the operational pollution prevention and the non-extension of global rules and standards of reduction and control to the most hazardous pollutant agents arising from underwater drilling. The comprehensive sets of requirements on prevention, reduction and control of operational pollution are established by only a few regional maritime conventions. In the light of the fragmented nature of international legal framework, the study attempts to make the case for the universal ≪Guidelines on prevention, reduction and control of operational pollution from exploration and exploitation of the seabed resources≫. Elaborating further on prospects of regional regulation the study considers the most relevant geographical regions of international cooperation for the Russian Federation.

Administrative procedure is noted by a significant step in the development of the institution of legal (primarily procedural) responsibility, which is reflected in the appearance of a special section of the Code. Determining the place of the ratio of measures of procedural compulsion and measures of procedural responsibility, the author shows that these concepts overlap: not all measures of non-property procedural compulsion in administrative proceedings are measures of procedural responsibility (so, the obligation to appear cannot be considered a measure of legal responsibility), while not all measures of procedural responsibility are measures of procedural compulsion. In addition, the author conducted a comparative analysis of the implementation of each measure of procedural coercion with civil and arbitration procedures.

The article analyses the organizational and legal problems associated with the consideration of applications, complaints and appeals to the prosecutor’s office. Regulations and enforcement practices are being investigated. A relatively legal analysis of the Instruction on the procedure for considering appeals and accepting citizens to the bodies of the prosecutor’s office of the Russian Federation, approved by Order No. 45 of the Prosecutor General’s Office of the Russian Federation of 30.01.2013, is given, practical problems are outlined and ways to solve them are proposed.

The importance of self-regulation in the field of protection of the Russian market from counterfeit products is noted, as well as the participation of self-regulatory organizations in the fight against counterfeit products on the commodity market. The authors underline the defining functions of self-regulatory organizations aimed at preventing the spread of counterfeit products, and make a comparative analysis of the activities of various associations, which have been most successful in preventing the spread of counterfeit products.

This article is devoted to the realization of Rabkrin’s proposals to unload the people’s courts and to create new forms of involving citizens in the work of the court and law-enforcement authorities in 1923–1927. The author introduces new materials about the history of creating of comrades’ courts. The question of creating administrative and legal sections of local Soviet bodies is also being considered.

The article attempts to consider ways to protect the state from internal and external threats using one of the methods of administrative and legal regimes established by law. In this regard, the issue of protecting human rights in the historical aspect is touched upon. The article deals with the historical aspects of the formation of administrative and legal regimes of state security during the periods of the strengthening of the revolutionary movement in the Russian Empire and the peasant uprising in Tambov province in Soviet Russia.

The article reveals the concept of constitutional identity, as well as analyzes the internal and external legal functions of the doctrine of constitutional identity. Constitutional identity is a fundamental quality of the constitution, pointing to its self-identity, it is formalized in a number of constitutional provisions and principles that characterize the basic feature of the constitution and cannot be amend within the framework of its action. The doctrine of constitutional identity performs in the internal and external functions, which are associated with ensuring the material limits of constitutional amendments: the first protects the constitution from unconstitutional amendments; the second protects the constitution from being changed by international law.

The article discusses issues of liability of the controlling person to the before participants of the controlled corporation. The author substantiates the existence of a legal relationship between the participants of the controlled corporation and the controlling person as well as explores its elements.

The article is devoted to the development of company law in England in the XVIII century. It analyses the legal status of corporations and unincorporated companies after the adoption of the Bubble Act 1720, summarizes the XVIII century precedents on issues of corporate and joint stock company law, as well as outlines the principles and norms of joint stock and corporate law developed by the courts in the specified period.