The category of ‘unfairness’ in the contract system legislation in Russia and the USA: Some interpretation issues

© 2016, by ASERS® Publishing. All rights reserved.This article presents and defines the concept and the criteria for the content of the ‘unfairness’ category as a special evaluation concept, widely used in the legislation to satisfy the public needs in the Russian Federation and other countries, particularly in the USA. The clarification of its nature is of great importance for the application of this legal category in the law-making and law enforcement activities, first of all, to maximize the effectiveness of the legal regulations and compliance with the principle of fair competition in the negotiation and execution of contracts to meet the public needs. The features of the definition of ‘the register of unfair suppliers’ category and a similar institution in the contract system rules of the USA (the ‘unfair trade practices’) were defined. The theoretical studies of the scientists in this field, as well as the recent case law of Russia, are presented and analyzed. It is proposed to reform the Federal Law of the Russian Federation on the contract system

The concept of the “zone of high environmental hazard” pursuant to the contemporary Russian legislation

© 2015, Canadian Center of Science and Education. All rights reserved. This article introduces and defines the concept and criteria of the “zone of high environmental hazard” towards application of this legal category in legislation and law enforcement. Author reveals the peculiarities of intersectoral legal regulation of the relations when using the objects of high environmental hazard in public circulation, as well as considers the approaches of Russian and foreign law enforcement to protect the interests of citizens and society as a whole against the negative effects of high-risk facilities to the environment. The priority of the public interest with respect to the environmental component of the state’s functions and measures to implement the protection of the civil rights and legitimate interests are formalized

Comparative legal characteristics of franchising institute in Russia and abroad

This article is a comprehensive research of terminological definitions of "commercial concession" and "franchising" in the Russian legislation and the legislation of foreign countries. It is methodologically grounded the unification of such concepts as "commercial concession" and "franchising" in the Russian civil law. On the basis of a comparative analysis of domestic and foreign rules of law it is identified the logical-conceptual approach to the development of such concept as "franchising". It is established that the basic concepts in the field of commercial concession in order to eliminate a terminological confusion should be subjected to systematization as standard and mandatory to use in the regulatory legal acts of the Russian Federation (RF). It is scientifically grounded the unification of such concepts as "commercial concession" and "franchising" in the Russian civil law. It is given the author's definition of such concept as "franchising"

Legal regulation of commercial concessions (franchising) in accordance with Russian and foreign law

The purpose of this work is to define the legal systems on commercial concession (franchising) regulation in the world practice, and also identification of the specifics of commercial concession contractual regulation in Russia, and analysis of all changes in civil legislation regulating the institution of commercial concession and the identification of trends in its development within the framework of the ongoing legal reform. The general scientific basis was formed by the general scientific (dialectical) method of obtaining knowledge, and also comparative legal and logical methods, which allowed us to consider the problems of the civil legislation development in the field of commercial concession. The analysis of civil legislation reveals the directions of its development and improvement in the field of commercial concession. Using the example of a comparative analysis of foreign experience in regulating commercial concessions, trends in the development of Russian civil legislation are shown. Particular attention is paid to changes in Chapter 54 of the Civil Code of the Russian Federation as part of the civil legislation reform. A scientific study of the legal regulation system for commercial concession (franchising) abroad was carried out, as well as trends of changes in the norms of Russian civil legislation in the field of commercial concession were analyzed. The theoretical provisions formulated in the article can be useful for determining the effectiveness of civil legislation that enshrines the contractual regulation of commercial concession, and they can be used in law enforcement practice, as well as in the course of "Civil Law" study

Peculiarities of legal status of civil legal communities in housing legal relations

This article represents and defines the concept and legal nature of the status of "civil legal communities" in a special socially significant sphere - housing legal relations, with the purpose of further effective application of this legal category in lawmaking and law enforcement activities. The general methodological basis was formed by the general scientific (dialectical) method of cognition, comparative-legal, logical methods that allowed considering the problems of legislation development in the sphere of establishing the legal status of a special subject of housing legal relations. We revealed the peculiarities of interbranch legal regulation of relations connected with the establishment of their legal status. We considered the approaches of Russian and foreign law enforcement practice on ensuring the protection of interests of the owners of multi-apartment buildings, their interests and some other aspects. We made some attempts to formulate the concept of civil legal communities in the housing sphere, determine their legal nature, and find the ways to resolve existing theoretical and practical problems

Foreign language as an effective means of educational competence formation in higher school

© Serials Publications.The purpose of the training and educational process in the higher school of the Russian Federation is to prepare a highly qualified specialist. Foreign language is one of the main disciplines for the educational program of the direction 23.03.01. "Oil and Gas Business". The study of this discipline in higher institution involves raising the initial level of foreign language knowledge, achieved at the previous level of education. The realities of modern society require usage of a foreign language not only in our everyday life but also in the professional field. Therefore the implementation of special preparation of students-specialists not only in their field, but also capable of solving professional problems in a foreign language environment is needed. Thus, one of the educational competences (EC) is EC5: ability to communicate orally and in writing in Russian and foreign languages to meet the challenges of interpersonal and intercultural communication, as well as EC-7: the ability to self-organization and self-education. A foreign language is an effective means of forming these competencies. The article presents an overview of the theoretical, the practical and experimental part of the study of the formation of these competencies

Comparative legal characteristics of franchising institute in Russia and abroad

This article is a comprehensive research of terminological definitions of "commercial concession" and "franchising" in the Russian legislation and the legislation of foreign countries. It is methodologically grounded the unification of such concepts as "commercial concession" and "franchising" in the Russian civil law. On the basis of a comparative analysis of domestic and foreign rules of law it is identified the logical-conceptual approach to the development of such concept as "franchising". It is established that the basic concepts in the field of commercial concession in order to eliminate a terminological confusion should be subjected to systematization as standard and mandatory to use in the regulatory legal acts of the Russian Federation (RF). It is scientifically grounded the unification of such concepts as "commercial concession" and "franchising" in the Russian civil law. It is given the author's definition of such concept as "franchising"

The concept of the “zone of high environmental hazard” pursuant to the contemporary Russian legislation

© 2015, Canadian Center of Science and Education. All rights reserved. This article introduces and defines the concept and criteria of the “zone of high environmental hazard” towards application of this legal category in legislation and law enforcement. Author reveals the peculiarities of intersectoral legal regulation of the relations when using the objects of high environmental hazard in public circulation, as well as considers the approaches of Russian and foreign law enforcement to protect the interests of citizens and society as a whole against the negative effects of high-risk facilities to the environment. The priority of the public interest with respect to the environmental component of the state’s functions and measures to implement the protection of the civil rights and legitimate interests are formalized

The category of ‘unfairness’ in the contract system legislation in Russia and the USA: Some interpretation issues

© 2016, by ASERS® Publishing. All rights reserved.This article presents and defines the concept and the criteria for the content of the ‘unfairness’ category as a special evaluation concept, widely used in the legislation to satisfy the public needs in the Russian Federation and other countries, particularly in the USA. The clarification of its nature is of great importance for the application of this legal category in the law-making and law enforcement activities, first of all, to maximize the effectiveness of the legal regulations and compliance with the principle of fair competition in the negotiation and execution of contracts to meet the public needs. The features of the definition of ‘the register of unfair suppliers’ category and a similar institution in the contract system rules of the USA (the ‘unfair trade practices’) were defined. The theoretical studies of the scientists in this field, as well as the recent case law of Russia, are presented and analyzed. It is proposed to reform the Federal Law of the Russian Federation on the contract system

The category of ‘unfairness’ in the contract system legislation in Russia and the USA: Some interpretation issues

© 2016, by ASERS® Publishing. All rights reserved.This article presents and defines the concept and the criteria for the content of the ‘unfairness’ category as a special evaluation concept, widely used in the legislation to satisfy the public needs in the Russian Federation and other countries, particularly in the USA. The clarification of its nature is of great importance for the application of this legal category in the law-making and law enforcement activities, first of all, to maximize the effectiveness of the legal regulations and compliance with the principle of fair competition in the negotiation and execution of contracts to meet the public needs. The features of the definition of ‘the register of unfair suppliers’ category and a similar institution in the contract system rules of the USA (the ‘unfair trade practices’) were defined. The theoretical studies of the scientists in this field, as well as the recent case law of Russia, are presented and analyzed. It is proposed to reform the Federal Law of the Russian Federation on the contract system