S.Yu. Filippova
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Undeservedly forgotten? (To the question of the legal status of a production cooperative)Moscow University Bulletin. Series 11. Law. 2018. 6. p.34-43read more221
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The article considers the legal form of production cooperative widely used at the end of the last century and now are no longer in force. According to authors the legal status of cooperative’s member is much worse than the legal status of member of economic society and the reason of it is the form of cooperative organization.
Keywords: artel, artel association, production cooperative, member of cooperative, exclusion of members of production cooperative, coop share, assignment of interest, separation payments
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Civil legal significance of natural loss of goods, damage and destruction of thingsMoscow University Bulletin. Series 11. Law. 2021. 3. p.27-48read more364
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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.
Keywords: product; thing; owner’s risk; natural loss; shelf life; destruction of things
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Qualification of phenomena related to animal behavior in civil law: judicial practiceMoscow University Bulletin. Series 11. Law. 2022. 5. p.16-42read more235
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The author defines the features of the civil legal regime of the animal and qualifies the behavior of the animal depending on its legal regime. The significance of this study is that it allows us to answer the question of responsibility for harm caused by animals. In the article, the author refers to the sources of Roman law, and shows the formation of ideas about the behavior of an animal in domestic law. The author explores the judicial practice in which the legal qualification of animal behavior is carried out. The author identifies cases and grounds for bringing to responsibility for the harm caused by the animals of their owners, critically assesses the recognition of animal husbandry as an activity that poses an increased danger to others. The author evaluates the right of subjects to refer to phenomena related to animals as grounds for exemption from liability for violation of an obligation. The author concludes that the legal consequences of animal behavior differ depending on the legal regime of the animal (wild and located in the natural habitat, wild, removed from the natural habitat, domestic). The author examines legal consequences of animal diseases (epizootics) for the owner of animals and other persons.
Keywords: legal facts, natural phenomena, actions, high-risk object, risk, animal, dog, pet, confiscation, epizootics
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On the role of legal science and education in the formation of the legal culture of the populationMoscow University Bulletin. Series 11. Law. 2023. 4. p.3-20read more417
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The article analyzes the role of legal science and education in the formation of the legal culture of the population, taking into account the tasks set by the Foundations of the state cultural policy. It is concluded that jurisprudence plays an important role in the formation of a high level of legal consciousness of the population and its national identity. Intensive legal education and the possibility of obtaining legal knowledge by a wide range of people will help to create a positive image of the state (including in works of art) and strengthen civil self-identity. The destructive activity of “unfriendly countries” can be overcome by strengthening traditional values, which form the basis of the constitutional system of Russia and are embodied in various legal institutions. The developed legal culture of the population will help to avoid socio-psychological dependence on external influence, will become the basis of unity and cohesion of Russian society, the unification of the multinational people of the Russian Federation. The authors of the article propose to popularize legal science and law enforcement practice, to promote youth movements in the field of patriotic education and legal education, to develop the system of legal education by organizing lectures, seminars, round tables, conferences in order to strengthen the spirit of unity, cohesion, friendship of peoples, as well as traditional values in society.
Keywords: legal training, legal education, state cultural policy, legal awareness, legal culture, unity of the multinational people of the Russian Federation
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