Articles

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.

A successful transfer of private wealth to the next generation is important not only to wealthy families but also for the economy at large. There are various levels of asset protection and some of them are available to almost any businessperson. Private foundations have been for a long period conventional asset protection vehicles all over the world as much as trusts are. This article outlines the main features of trusts and private foundations and a special status of the settlor of a trust and the founder of a private foundation in Liechtenstein law. The purpose of this research is to analyze the legal status of the founder of a trust and the founder of a private foundation and to analyze a trust and a private foundation as efficient legal tools to preserve the assets of a wealthy natural person. The objective dimension of the study is the institutional and legal structure of a trust and a private foundation in the chosen jurisdiction. The subjective dimension of the study is the aggregate of international and national legal aspects that are fundamental in determining the optimal structure for protecting the assets of an individual.

Constitutional amendment rules fix the procedure of constitutional reform and also establish the formal and material limits of constitutional changes. These are one of the most important constitutional norms, because on their ground the rest of the constitutional norms are changed and even performed the adoption of a new constitution. Moreover, the validity of the constitution itself largely depends on constitutional amendment rules. Hart’s theory of primary and secondary norms helps to understand the constitutional nature of constitutional amendment rules, which perform the function of substantiating the validity of constitution changes. In this article, constitutional amendment rules are considered precisely as secondary constitutional norms. The article also substantiates the thesis that constitutional amendment rules should be changed only together with the adoption of a new constitution, since these are norms that determine the validity of other constitutional norms. When constitutional amendment rules are changed, arises a paradox of self-amendment (A. Ross), which leads to a formal logical error of self-reference. The paradox of self-amendment confirms that constitutional amendment rules must remain unchanged within the framework of the constitution. Constitutional amendment rules can only be changed by complete constitutional revision or constitutional revolution.