Articles

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.

The article is devoted to the issue of legal nature of the Russian Provisional Government. It considers the interpretation of the legal nature of the Russian Provisional Government expressed in the expert conclusions of the Russian Provisional Government`s Juridical Council.

The article discusses the essence and subject of forensic science and the patterns (laws) of objective reality included in it. Patterns are considered as general, representing the expression of essential, internal, necessary and repetitive relationships of reality. Its antipode, complement and form of manifestation is randomness, a characteristic feature of which can be called individuality and uniqueness of objects. The author proves that forensic science knows that which is typical, repetitive, stable, which is characteristic of criminal and forensic activities, but this is not limited to, knowing individual and unique phenomena and objects that deviate from typical ones.

The article analyzes the features of the design, interpretation and use of a woman’s state of pregnancy as an aggravating factor (art. 63 (1)(z) CC RF). It attempts to examine the evolution of the legislative approach to the formation of this circumstance in Russian criminal law. At the same time, different views on the solution of existing problems of interpreting the state of pregnancy as a circumstance aggravating the punishment that are available in the doctrine of criminal law are critically considered; proposals were developed to improve the legislative regulation of this circumstance and practice of its application.

The article discusses the concepts of cyberviolence and cyberharassment and describes types of the latter. The illustrations from Russian and foreign cases are given. The author points out the problems of qualification of acts related to the types of cyberharassment according to the Russian Criminal Code and states that the Russian approach towards object of crime is not correct and should be changed.

The article investigates the features of the legal nature of customary law from the perspective of ethnographic theory of law (ethnic legal studies). On the base of Russian and foreign sources the essence of the customary law is substantiated, the legal owner of which are people (ethnos), providing understanding of multiple legal categories, regulated most important spheres of their livehood. Customary law studies are done on the base of civilization approach to historical-legal development of the institutions as reflection of legal values of the particular ethnos.

The article examines the changes that occurred in the Soviet state in the first months of the great Patriotic war. The work is based on the study of normative legal acts of wartime.

The law of the Republic of Belarus “on amendments to laws” dated July 18, 2019 No. 219-Z introduced significant changes and additions to the Labor code of the Republic of Belarus. These innovations can be assessed as the third global reform of labor legislation. Law No. 219-Z of July 18, 2019 introduced a new Chapter in the Labor code of Belarus on the contract system of employment, in which the norms from a number of decrees of the President of the Republic of Belarus were implemented. A number of conflicts, legal and technical errors related to the adoption of the Law of July 18, 2019 were identified. No. 219-Z, which may lead to problems in practice when applying the updated Labor code of Belarus. The authors make suggestions for improving the labor legislation of Belarus. A comparison is made with the labor legislation of the Russian Federation. It is concluded that the Belarusian lawmaker approached the reform of the Labor Code without sufficient conceptual understanding.

In the present article the author considers main arguments and conclusions made by the International Court of Justice in its Advisory Opinion of 1951 in the Reservations Case from historical perspective as well as general political and legal context. The analysis performed by the author reveals related advantages as well as drawbacks of the compatibility test and the system of the horizonal individual control over the reservations suggested by the Advisory Opinion. The author argues that despite of the obvious weak points of the suggested test and individual control over the reservations the Advisory Opinion of 1951 remains one of the most significant achievements of the Court radically changing the status of the reservations and paving the way to successful codification of international law.