Articles

Foreign legal and political science notes the positive effect from the interpenetration of the institutions of direct and representative democracy, especially by way of modern digital technologies. The key forms of such interpenetration have been and remain the popular (civil) legislative initiative and public hearings (public discussion of bills). The experience of crowdsourcing in carrying out legislative work, the involvement of citizens in the work of parliamentarians show a multiple increase in the level of citizens’ trust in the institutions of parliamentary democracy, which is confirmed by foreign studies. According to the Levada Center in Russia since 2015 the level of disapproval about activities of the Russian State Duma has exceeded the level of approval and since this time the level of disapproval continue to grow up. For this reason, it is highly important for Russia to research the experience of those countries, that have managed to change the predominantly negative attitude of citizens towards parliamentary institutions to predominantly positive. For Russia, where, according to the Levada Center, the level of disapproval of the State Duma has exceeded the level of approval since 2015, the study of the experience of countries that have managed to change the predominantly negative

attitude of citizens towards parliamentary institutions to predominantly positive is of high importance. The author comes to the conclusion that in Russia it is necessary to revive the popular legislative initiative at the federal level, including through the introduction of the institution of the legislative proposal. Secondly, the author proposes to legislatively regulate the possibility of submitting legislative proposals to the State Duma, including by expanding the functionality of the Russian Public Initiative Internet portal (roi.ru). Thirdly, the author considers it expedient to create in Russia an electronic platform for interaction between the parliament and civil society “Electronic Parliament of Russia”, which allows, through electronic democracy, to increase public confidence in the activities of the Federal Assembly of the Russian Federation.

In the context of the information society and the formation of the digital economy, it is relevant to study the legal support for the turnover of personal data at the corporate level in order to develop proposals for improving the mechanism for processing and protecting personal data. The article analyzes the general issues that are previously studied by the administration before starting the processing of personal data, on which the decision on the readiness to work with personal data and the intensity of the use of internal corporate forces and means depends. The content of the concept of ensuring the security of personal data is disclosed. The analysis of the regulatory framework and a systematic approach to the study of the rules governing the collection, processing, storage and use of personal data in organizations allowed the author to formulate the conceptual provisions of the methodology, the content of which is complex measures of an organizational, legal and technical nature used to ensure the security of personal data in organizations. The methodology structurally reveals the content of the main corporate acts and provides recommendations for their improvement when working with personal data in the context of digitalization.

The author shows the natural loss, damage and destruction of things, and also describes period of transportability of goods. In the article, the author defines the possibilities of contractual regulation of division the risks of natural loss, damage and destruction of things between the parties. The author comes to the conclusion that the natural loss, damage and destruction of a thing are processes caused by the natural features of a thing or caused by an external influence on a thing, as a result of which the existence of a thing as an object of law disappears or its economic purpose changes. Based on the classification of legal facts, natural loss is an event that reduces the number of things, while maintaining their quality. The author defines property damage as a deterioration in the quality of things. Based on the theory of legal facts, damage can be the result of both natural factors or the result of illegal human actions. Its legal consequences depend on the causes of damage. The author considers the destruction of a thing as a complete loss of its useful properties. The expiration date in the article is defined as a scientifically and technologically determined period, after which the thing becomes unusable and may constitute a danger to life and health. It is concluded that based on the functional purpose of the expiration date, it is not subject to extension in respect of goods already put into circulation, and it is not allowed to reduce this period under the agreement.

The objective of this work is to clarify the place and significance of strategic planning documents in the regulation of relations on environmental protection and nature management. The creation of strategic planning documents is caused by the implementation of the planning function, and therefore is not something new for management in the field of environmental protection and nature management. But, as we believe, the significance of such documents has greatly strengthened after the adoption of the Federal Law “On Strategic Planning in the Russian Federation”. Different types of strategic planning documents, through which regulation and management in the sphere of interaction between society and nature is carried out, are analyzed in the article. By their legal nature, strategic planning documents, if they contain legal norms, are normative legal acts and are usually approved by acts of the President of the Russian Federation, the Government of the Russian Federation, by orders of various ministries. At the same time, strategic planning documents contain provisions that, in their meaning, should be in legislative acts, as well as provisions that can influence the development of legislation on environmental protection and natural resources, create new trends in legal regulation, including those of them that are unconvincing in terms of implementation of the general principles of environmental legislation. In these conditions, a clear line between such documents, on the one hand, and legislative and other normative legal acts that traditionally regulate environmental relations, on the other hand, must be established. The author concludes that the delineation of the regulatory legal acts should be due to the rule, according to the constitutional foundations, of primary legal regulation exclusively at the legislative level or at the level by legal act of the President of the Russian Federation.

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.