Articles

The concept of legal regulation of labor relations, in which a foreign organization acts on the employer’s side, has been awaiting its formation for a long time. The economic and legal conditions of economic life and business activity in Russia, as well as abroad, have long since changed dramatically. At the same time, national standards do not take into account the specifics of work in organizations with a cross-border nature of activity, and international standards are not distinguished by certainty. Such an economic and legal phenomenon as a transnational corporation has a certain impact on the vision of the situation and legal decisions. Traditional ideas about transnational corporations blur the difference between employers with a complex structure (employers with separate structural divisions) and integration groups of employers so far generally ignored by the legislator, limiting the circle of foreign employers only to those that have a commercial nature of activity. This approach is not acceptable for relations in the sphere of labor, the legal regulation of which must take into account the diversity of methods and forms of organizing the activities of economic entities, including activities of a cross-border nature. To avoid difficulties with legal qualifications, the concept of “transnational corporation” should be perceived in the scope and with the content that corresponds to the term denoting it.

In Part 4 of Article 1349 of the Civil Code of the Russian Federation, the liver of the results of intellectual activity that cannot be objects of patent rights is fixed (the list of non-patent objects). Some bioethical principles have been fixed in this legal norm, which is certainly necessary in the context of the rapid development of biotechnologies. But from the point of view of law enforcement, this norm seems to be incomplete and requires specification. Moreover, as indicated in the article, these provisions of Russian civil legislation are not a very successful compilation of the provisions of the European declaration. 

The article presents the results of a comparative analysis of international agreements and norms of foreign law, according to the results of which the author made proposals for a significant change in the legal structure of Part 4 of Article 1349 of the Civil Code of the Russian Federation and its addition with relevant principles of bioethics, which it seems necessary to take into account in patent law in correspondence with the norms of special legislation. In addition, to increase the effectiveness and optimality of law enforcement practice, based on the results of a comparative analysis of concretized examples of patent prohibitions with the provisions of special laws in the field of health protection, legal algorithms for the application of these prohibitions, arising from their legal nature, were identified.

The author comments on the ruling of the Supreme Court of the Russian Federation in case No. A45–19074/2021. There is a view that this ruling classified damages recovered in criminal proceedings in connection with a criminal offense as punitive damages. The author refutes this view, since it is unreasonable to believe that the Supreme Court had the goal of completely reformatting Chapter 59 of the Civil Code in the ruling of the Economic Chamber, and proves that the Supreme Court of the Russian Federation had the goal only of prohibiting the commercial court from resolving the issue of returning the amount paid under the sentence of the general court jurisdiction, that is, it resolved the issue of the competence of the courts. From this ruling, it is impossible to draw any far-reaching conclusions on substantive law. The position of the Supreme Court of the Russian Federation on the issue of the competence of courts in the assignment of rights has been criticized, since it is based on an unreasonably broad interpretation of Art. 383 Civil Code. In this interpretation, one can only support the Court’s decision to determine courts’ jurisdiction over a substantive relationship based on the moment of its emergence and not on any further developments (such as claim’s assignment, succession, etc.).

theoretical and practical legal study of the problems of legal regulation and the practical implementation of the right of complaints of citizens and organizations against decisions, actions (inactions) of public authorities authorized to provide state and municipal services was carried out. The importance and place of the legal institution of state and municipal services in the system of Russian law is considered. The features of the right of complaint in the process of obtaining state and municipal services as a guarantee of legality in public administration are studied. The historical and legislative conditions for the introduction of the sub-institution of pre-trial appeal into the structure of the institute of state and municipal services are determined. The following problems of legal regulation of the procedure for filing and considering complaints from recipients of state and municipal services have been identified:(1) the need to form a conceptual apparatus for pre-trial appeal; (2) building its model within the framework of the more general administrative-legal institution of the right of complaint; (3) features of the protection and restoration of the rights and legitimate interests of recipients of state and municipal services; (4) the ratio of general and special norms in this area. 

Based on the results of a study of theoretical and legislative foundations, as well as materials from judicial practice on the consideration of public law disputes in the field of state and municipal services, proposals were made to improve the legal institution of the right of administrative complaint.

The article presents the text of one of the few surviving monuments of Roman law — the Tabula Baetica, containing an agreement of fiducia with a creditor. The author has translated this document and conducted a detailed analysis of its content. Special attention is given to the analysis of the institution of mancipatio and to the controversial issues in civil law, such as the status of the Tabula Baetica: whether this document was a real contract or a model of security, as well as the question of the completeness or fragmentary nature of this legal monument. The study includes toponymic and archaeological analysis, discusses the features of individual provisions of the Tabula Baetica, including possible engraving errors in the document, and assesses its significance for modern legal science. The work considers various viewpoints of researchers, identifies and explains key legal aspects, emphasizing the importance of the Tabula Baetica for understanding the development of Roman law and its influence on modern legal systems. The author analyzes individual fragments of the text, relying on classical jurists and contemporary research, which allows for a deeper understanding of the context and application of this legal instrument.

The article examines the monograph by A. V. Kopylov “Legates, fideicommissas and donations in case of death in Roman classical law” (M., Gorodets, 2021). It is noted that a monograph on the stated topic is a natural stage of the author’s research work. The monograph first of all determines the place of these institutions in Roman civil law. At the same time, the connection between these institutions of inheritance law and the institutions of property law and, in general, their role in the circulation of things is shown. One of the main tasks that were solved through the use of legates and fideicommissas was the transfer of rights to things in order to protect the interests of family members (heirs under a will). The author points out the genetic connection between institutions. A. V. Kopylov examined the historically first forms of institutions (mainly legates and fideicommissae), as well as their features that developed by the classical era, and, as necessary, comparisons with the subsequent era take place. In the final section of the study, the author contains a brief historical outline of the development of the institutions discussed in the book. The review notes that the appendix to the main text contains an extensive list of author’s translations of fragments of the Corpus iuris civilis, the sixth book of the Justinian Code and Novellas, previously unknown to Russian readers. The main conclusions of the review can be reduced to the fact that the monograph by A. V. Kopylov is of great scientific importance and is of interest both to novelists, philologists, historians, and to a wide range of students and graduate students.

The article is a biographical study devoted to the scientific and public activities of a famous Russian lawyer Alfons Ernestovich Vorms (1868–1939). The article based on the materials of family and state archives as well as on published sources. The author has a task to open thoroughly the most important and interesting sides of A. E. Vorms’ life and activities. The main moments of his life path are shown in the article: from a talented student to a professor, who has a great authority in the scientific world of Tsarist Russia and the Soviet Union. The author gives a characteristic to the most significant Vorms’ works and finds the features of his scientific views. A. E. Vorms is an author of many works on civil, peasant, trade and bills law. He also was doing a great teaching and enlightening work, and he was a successful lawyer. At Soviet period, he also worked as a consultant for some Soviet and foreign companies and state bodies. At the end of his life, Vorms was repressed, spent several years in correctional labor camps of Siberia and finally died at Butyrka prison hospital. He was rehabilitated posthumously. The long-term and productive Vorms’ activities are the notable contribution to the history of Russian jurisprudence.

Essence and structural organization of oath in legal aspect was studied. Oath as personal solemn confirmation by religious and non-religious act is considered, which was used as an element of jurisprudence in the past and is currently relevant. The structural organization of the oath is presented by analogy with the construction adopted in the normative legal theory. Modern using of oath highlights the relevance of topic. It is noted that structure of oath has practically not undergone significant changes from ancient until now. Oath breaking as basis of punishment is considered. Psychic and emotional side of oath is considered. As an illustration of the semantic content of oaths, excerpts from literary works of ancient Greek authors are given. Taking the oath according the topic imply legal aspect of activity by persons and authority. Publicity of the sworn-in ceremony is indicated. An original version of structuring of the oath is proposed. The sources of the research are original written documents, as well as translations with comments, fragments that have come down to us or intact petroglyphs located in archaeological parks or museums. The deductive, inductive, historical-linguistic, formal-legal methods along with description, analysis and synthesis, and non-stationary research were used.

The paper considers the interpretation of the problem of sovereign power proposed by John Austin. According to the jurist, political power is a neutral force, similar to the objective forces of nature and abstracted from social relations. The abstract idea of power, being the “soul” of political communication, has a conditionally independent existence. Its effect on the actual relations is possible only insofar as it turns out to be “reified” and “personified”. The power remains in a “dormant” state in the institutions of the state and its head (sovereign), who is responsible for the reproduction of the political and legal plane, legal and social order. The article analyzes the essence of political power in the concept of J. Austin, a number of features that could characterize, in his opinion, any sovereign power, and especially emphasizes the most vulnerable place in his teaching — the feature of the “determinateness” of the sovereign. In conclusion, the author summarizes that, firstly, in the theory of J. Austin it is unclear who exactly acts as the “true” bearer of the properties of sovereignty, secondly, if it is impossible to determine the “party of sovereignty”, or it is extremely difficult to determine it, then the theory under consideration that is trying to operate empirical facts should be considered as inconsistent with reality.

The problem of the legal nature of international jurisdiction agreements is directly related to the issue of their regulation in the national legislation, since, depending on the material or procedural qualifications of this institution, particular regulatory requirements for such agreements are to be established. This article analyzes various approaches to the definition of the legal nature and, consequently, the regulation of international jurisdiction agreements on the example of English, German and Russian legislation. The material qualification chosen in English law means a more flexible regulation of the agreements: the possibility to conclude an oral jurisdiction agreement as well as the possibility for one party to use remedies (anti-suit injunctions, damages) in case of violation of the jurisdiction agreement by the other party. The procedural qualification of jurisdiction agreements in German law presupposes the establishment of stricter formal requirements (requirements for the subjects of agreements, form (written or oral with written confirmation), time of the conclusion of the jurisdiction agreement). In Russian law, this issue has not been finally resolved and is debatable, so that the legislative regulation of agreements on jurisdiction is generally fragmentary and is replaced by the construction and interpretation of norms in judicial practice.