Ural Journal of Legal Research


Ural Journal
of
Legal Research

Recent content

Issue № 1, 15.11.2018


Articles:

Anastasia E. Stepanova

PRACTICE OF APPLICATION OF PROTECTION OF BUSINESS REPUTATION OF LEGAL ENTITIES IN THE RUSSIAN FEDERATION

The author finds out what the value of business reputation for legal entities consists in today, indicates the existing of lacunae, the lack of definition in national legislation in this particular field, analyzes the problems arising in law enforcement at implementation of civil remedies of business reputation by legal entities. Special attention is paid to a possibility of compensation of reputation harm.

Irina A. Pakharukova

PROTECTION OF HUMAN RIGHTS BY THE CONSTITUTIONAL (CHARTER) COURTS FROM THE EXAMPLE OF LABOR RIGHTS’ PROTECTION

The article analyzes the competence of constitutional (charter) courts in Russia, it generally concludes the restrictive nature of this competence, and particularly in the sphere of labour rights. In the article certain decisions of the courts are scrutinized. The author notes that constitutional and charter courts aren’t necessary, but the most preferable means to protect rights and freedoms. The research is relevant because the number of these bodies of constitutional review is getting lower.

Alexander Y. Lazarev

CONSTITUTIONAL STATUS OF NON-RELIGIOUS POPULATION

The scope of research is protection of rights of the nonreligious population in comparison with protection of rights of religious one. In the article the non-religious population’s legal status is considered with regard to secularism as a foundation of the Russian constitutional system. The inconsistency of legal regulation in the field of the population’s views, entailing, contrary to the principle of secularism, dissimilarity in the status of these groups, is showed and substantiated.

Julia E. Kil, Valeria A. Sinitsyna

THE LEGAL NATURE OF THE SERVITUDE, ESTABLISHED IN RELATION TO A PLOT OF LAND THAT IS OWNED BY STATE OR MUNICIPAL ENTITY

This article analyzes the issue of the legal nature of the servitude, established in relation to a plot of land that is owned by state or municipal entity. The rationale for the independent nature of this legal institution is given, as well as provisions that bring it closer to the traditional forms of limited use of foreign land plots are noted. As a result of the study, the authors propose to introduce the concept of a quasi-private servitude into the theoretical classification of servitudes, as well as into legal practice.

Igor S. Zolotov

ELECTRONIC DOCUMENT FLOW IN LABOR RELATIONS

In this article the pros and cons of transforming labor documents into non-legible form are considered, the advantages of electronic document management are disclosed, the reasons for the refusal of the legislator to change the current situation are indicated. The author concludes nowadays the approach of using electronic documents could be extended to all categories of employees, and the legislator has to draft and enact laws for governing this approach.

Tatiana O. Epifanova

CONCLUDING AN EMPLOYMENT CONTRACT IN ELECTRONIC FORMAT AND RELATED RISKS

The relevance of this research is due to the increasing impact of information technology on labor relations. While analyzing the shortcomings of the electronic format of an employment contract, the author comes to the conclusion that it is necessary to minimize the existing risks associated with the legislation and technologies for creating and using electronic signatures.

Aleksandr Y. Grishanin

ISSUES OF APPLICATION AND PROSPECTS OF DEVELOPMENT OF INSTITUTE OF EXEMPTION FROM CRIMINAL RESPONSIBILITY WITH THE APPOINTMENT OF A JUDICIAL FINE

The article is devoted to the changes in the Russian criminal law in connection with the adoption of the Federal Law of July 3, 2016 № 323-FZ. The aim is to analyze the institution of exemption from criminal responsibility with the appointment of a court fine, to develop recommendations for improving the legislation. On the basis of generalization of judicial practice, comparative legal methodology some issues of application of norms of Article 76 of the Russian Criminal Code and conflict of similar norms are revealed. It is proposed to amend Article 76 of the Code, and to amend Article 104 of the Code with Section 3.

Anna V. Vetluzhskikh

ADVOCATING OF COMPETITION IN THE SPHERE OF CIRCULATION OF RIGHTS TO RESULTS OF INTELLECTUAL ACTIVITY BY MEANS OF CIVIL LAW

The article scrutinizes issues of intellectual property regulation in the context of antitrust law. The risks of intellectual property rights abuse, Federal Antimonopoly Service of the Russian Federation’s fight against such abuse are considered. It is substantiated that the objectives pursued by the application of antitrust laws to intellectual property market can be achieved with use of civil law tools.

Artyom R. Atadzhanyan

THE SUBJECT OF CONSTITUTIONAL (CHARTER) REGULATION IN THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION

The article analyses of the subject of legal regulation of regional constitutions (charters) of the constituent entities of the Russian Federation, in particular, those legal relations that fall within the subject of constitutional (charter) regulation. The article considers if it is acceptable and reasonable to enshrine these relations in regional constitutions. The article takes the position that such approach must be combined with legal clarification of the particular status of every single constituent entity of the Russian Federation.

Marina S. Anikina

MERITS-STAGE OF THE CRIMINAL CASE: THE QUESTION OF CONCEPT

This article analyzes the notion of the merits-stage of a criminal case. The stages of criminal and civil proceedings are compared, the issues of the merits stage in the first and appellate instances and in case of pleding guilty are scrutinized. The author concludes that the merits stage of a case may be a separate stage or incorporate several stages of the criminal proceedure.