Articles

The article is focused on the analysis of the “legal work” and “legal means” concepts characterizing professional activities of lawyers. Universal definitions of these concepts are formulated. It is proposed to understand legal work as the activity for creation and use of legal means, where the legal means is understood as the product of the mentioned activity: (1) a material or digital object — a document, or (2) an act, both used as a means for further activities targeted at a certain legal result. We substantiate the conclusion that the legal result of using the legal means is an intermediate output in relation to the planned final result (economic, social, political, etc.). Therefore, effective legal work engages legal means in such a way that the legal result they help to achieve is optimal for achieving the planned final economic, social and other results. Defined are the persons being the subjects of legal work and performing certain activities as a part of legal work in commercial organizations. The main goals and directions of legal work in commercial organizations are defined. The types of legal means used in the legal work in commercial organizations are specified. It is concluded that effectiveness of law is determined by the effective use of the legal means by all subjects of legal work.

The article is devoted to the analysis of the relationship between the law of the World Trade Organization and regional trade agreements, as well as the competition of their dispute resolution bodies. World practice has proposed several ways to eliminate competition between the jurisdictions of dispute resolution bodies of regional trade agreements and the WTO. One of them is the inclusion in the regional trade agreements of the forum exclusion clause — clauses on the exclusion of jurisdiction. Another approach is the introduction by regional trade agreements into their law of a norm that requires member states to resolve all disputes arising from founding treaties, within the framework of the mechanisms enshrined in them themselves. An example of such a rule is Article 344 of the Treaty on the Functioning of the European Union. Which approach can be followed by the law of the Eurasian Economic Union and the case law of its judicial body is a question that the author discusses in this article. As a result, the author admits the possibility of treaty making within Eurasian economic union which may resolve the question of the competition between the jurisdictions of the Court of Eurasian economic union and WTO Dispute Settlement Body.

The article is devoted to the history of drafting the chapter on crimes in office in the criminal code of 1922. The theoretical and legislative basis of the chapter and its relation to pre-1917 criminal legislation is analysed. The amendments of the chapter in 1922–1926 are also discussed. The author refers to the case law of that time and especially to case law positions relevant until today. The special attention is given to the development of the notion “public official” compared with pre-1917 legislation. The basis for creation of construct of organizational and economical functions is analysed. The author cites case law as to workplace of public official as necessary element in description of this subjective element of crime. The main conclusion of the article is that the code of 1922 created the basis of the contemporary approach to crimes in office. This approach is mainly characterized by discussion the line between public and private sectors, public and private official persons, criminal liability for crimes in office in public and private sectors.