19 research outputs found

    Основы правового положения юридических лиц публичного права зарубежных стран

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    The article is considering legal status of legal entities of public law in foreign countries, given concept and its particular qualities in different legal systems are determined.В статье рассматриваются основы правового положения юридических лиц публичного права зарубежных стран, определяется содержание данного понятия и его особенности в разных правовых системах

    Особенности формирования повода для возбуждения уголовных дел о невыплате заработной платы

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    Actual problems of preliminary process of penal cases about non-payment salary examines in this article. Special attention it is given to documentary inspections on companies, whish are suspected in non-payment salary.В статье рассматриваются актуальные проблемы досудебного производства по делам о невыплате заработной платы. Особое внимание уделяется проведению документальных проверок юридических лиц, подозреваемых в невыплате заработной платы

    The use of the category of "legal persons of public law" in foreign legal instruments

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    Recent years have witnessed a new upsurge in the development of the European legislation on new organizational and legal forms of legal persons in Europe. The article deals with issues of the legal mode of their operation. Attention is given to the specifics of legal status of legal persons of public law in legislation of individual countries, France in the first place as a citadel of effective and carefully thought out administration. Subjected to analysis is the history of emergence of the theory a legal person in France. Specified is the system of outlooks on a legal person in the comparative legal aspect. Discussed are nuances of using the term "legal person of public law" in a number of current constitutions. Studied are the issues of spreading the legal construction of legal person of public law over the post-Soviet space. Argumentation is given for need to use the construction of public legal person. Based on analysis of legal experience of foreign countries a conclusion is made that in terms of legislative regulation the formation procedure, the legal status and the legal operating mode of legal persons of public law must be determined by public law legislation whilst some general provisions pertaining to realization of their legal capacity must be governed by civil law conventions. © IDOSI Publications, 2014

    Legal status of legal entities of public law in foreign countries

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    The article is considering legal status of legal entities of public law in foreign countries, given concept and its particular qualities in different legal systems are determined

    On the issue of recognizing a state as a legal entity: Past and present

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    The article discusses the problem of empowering state with a status of a legal person. A system of views on the state in historical and comparative perspective is analyzed. A scientific approach is suggested and discussed, according to which the state under certain historical conditions is given the status of a legal entity of public law. The methodology of a theoretical construction of a state as a legal entity is investigated, while the social and the corporate aspects of the state are allowed for consideration at the same time. A series of approaches to the legal nature of a state as a legal personality is analyzed. A viewpoint is rationalized that the state as a legal entity is considered a single entity having dual standing: public law and private law ones. Conclusions are drawn about the need to further develop scientific perceptions on legal status of a state in Russian jurisprudence. The debatable nature of the doctrine of a state as a legal entity is stated. The article emphasizes the need to introduce the aforementioned doctrine into current legislation, while specifying the conditions for its introduction. © IDOSI Publications, 2014

    The use of the category of "legal persons of public law" in foreign legal instruments

    No full text
    Recent years have witnessed a new upsurge in the development of the European legislation on new organizational and legal forms of legal persons in Europe. The article deals with issues of the legal mode of their operation. Attention is given to the specifics of legal status of legal persons of public law in legislation of individual countries, France in the first place as a citadel of effective and carefully thought out administration. Subjected to analysis is the history of emergence of the theory a legal person in France. Specified is the system of outlooks on a legal person in the comparative legal aspect. Discussed are nuances of using the term "legal person of public law" in a number of current constitutions. Studied are the issues of spreading the legal construction of legal person of public law over the post-Soviet space. Argumentation is given for need to use the construction of public legal person. Based on analysis of legal experience of foreign countries a conclusion is made that in terms of legislative regulation the formation procedure, the legal status and the legal operating mode of legal persons of public law must be determined by public law legislation whilst some general provisions pertaining to realization of their legal capacity must be governed by civil law conventions. © IDOSI Publications, 2014

    On the issue of recognizing a state as a legal entity: Past and present

    No full text
    The article discusses the problem of empowering state with a status of a legal person. A system of views on the state in historical and comparative perspective is analyzed. A scientific approach is suggested and discussed, according to which the state under certain historical conditions is given the status of a legal entity of public law. The methodology of a theoretical construction of a state as a legal entity is investigated, while the social and the corporate aspects of the state are allowed for consideration at the same time. A series of approaches to the legal nature of a state as a legal personality is analyzed. A viewpoint is rationalized that the state as a legal entity is considered a single entity having dual standing: public law and private law ones. Conclusions are drawn about the need to further develop scientific perceptions on legal status of a state in Russian jurisprudence. The debatable nature of the doctrine of a state as a legal entity is stated. The article emphasizes the need to introduce the aforementioned doctrine into current legislation, while specifying the conditions for its introduction. © IDOSI Publications, 2014

    Value of the fiction theory for understanding the "legal person"

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    This article discusses a number of conceptual approaches associated with finding answers to the question of what the legal person is in legal science. A conceptual chain is made, revealing the formation of concepts about the "legal person". Much attention is paid to the analysis of the legal aspects of the legal person, identification of its specifics. The value of concepts of "legal personality" and "legal person" is elaborated. The meaning of the fiction theory is analyzed to develop a theoretical structure of a legal person as a means, by which it is possible to identify an organization as a necessary subject of legal relations. The article justifies the essential concept of "fiction" for understanding the phenomenon of legal structure considered as a concept, by which real life events are included in the legal field. A conclusion is made that the concept of "legal person" (much like a "physical person") is a meaning-formative structure for subsequent determination of the subjects of legal relations. © IDOSI Publications, 2013

    Saint petersburg ring road: Lessons for public–private partnerships in russia

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    International experience shows that public–private partnerships can harness the financial and managerial resources of private business to implement infrastructure projects and related services. In Russia, however, such partnerships have run up against significant obstacles. Based on the experiences of the Western High-Speed Diameter highway public–private partnership project in Saint Petersburg, this paper scrutinises the investment attractiveness of Russian infrastructure projects generally and discusses critical steps to implementing further public–private partnerships in the country. © 2015, (publisher). All rights reserved
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