Выпуск №4

Liquidation of Сonstitutional (Statutory) Courts of Subjects: Problems and Prospects

Авторы:

Maxim Yu. Burdukov, Anastasia D. Makarenko

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Информация о статье:

Тип статьи: Юриспруденция

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Для цитирования:

Maxim Yu. Burdukov, Anastasia D. Makarenko ‘Liquidation of constitutional (statutory) courts of subjects: problems and prospects’, Ural Journal of Legal Research, 2021, No. 4. pp.10-18. DOI 10.34076/2658_512X_2021_4_10

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Аннотация:

In this study, the author uses a comparative method to distinguish between the trust institute and the fiduciary management agreement (Chapter 53 of the Civil Code of the Russian Federation). The purpose of the work is connected to the identification and confusion of the examined institutions, sometimes found in the doctrine. Moreover, the problem is complicated because of different doctrinal ideas about the essence of the trust, as well as its specific features. Considering the essential characteristics, as well as a number of criteria, related to the form of these legal structures, conclusions about the impossibility of mixing these institutions are made. Meanwhile, the issues of the subject matter, as well as responsibility to beneficiaries, studied by the author, are worthy of attention within the framework of the differentiation of trust property and trust management, from a practical point of view. Aspects related to the choice of the applicable law to the trust relationship play a special role in the issue of separating the trust institute from the fiduciary management agreement, and in particular their correct qualification. Based on international legal sources and an assessment of doctrinal positions, the author points out the need to apply the «law of the closest connection» to the regulation of the trust. Moreover, an integral component of the work is the consideration of the most notable court cases, which became a foundation for the formation of certain legal positions in the future, as well the analysis of current foreign legislation, in particular, the rules on the trust of the offshore jurisdictions is especially considered. In turn, with the help of this method, the specific features of trust relations are revealed, and this determines the slightly different legal regulation of the institution of trust property abroad.

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Список цитируемой литературы:

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Ключевые слова:

constitutional (charter) courts, constitutional control, constitutional supervision, constitutional court of Russian Federation, constitution (charter) of the subject of the Russian Federation, constitutional legal proceedings

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