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The purpose of the study is to establish the theoretical and practical
aspects of using blockchain technology to vote for shareholders, to
provide legal advice to participants in such relationships as well. The
object of the research is the relations bound with the use of blockchain
for the aims of shareholders voting. It is discussed the voting mechanism
and procedure, possible economic and legal advantages, as well as the
risks in the area. Among the main results of the work, one should note
the fact that an idea has been formed about the main legal risks that may
arise when shareholders vote on the blockchain. The scientific novelty of
the work is associated with the uniqueness of the purpose of the study,
as well as the fact that, based on the existing business practice, a
comprehensive view of the legal risks arising from the use of the
blockchain for voting by shareholders is proposed.
The work reveals the imperfection of the copyright law for works of architecture, highlights the key provisions that require a rethinking of approaches to understanding a work of architecture as an object of copyright, the fundamental rights to such works, as well as the implementation and legal protection mechanisms. Through rethinking the function of an architect in society, directions for changing legal norms are proposed
In the paper, the authors prove that the procedure for the distribution of the exclusive right to trademarks after the liquidation of the rightholder organization in the absence of direct regulatory regulation of relations is imperfect, requires more in-depth study and analysis. Arguments are given regarding the indivisibility of the exclusive right and the impossibility of its distribution among interested parties.
The article is devoted to investigate and interpret the contents and correlation for the concepts of "medical care" and "medical service" in the context of public healthcare. Here, we demonstrate the defective features of the Russian legislation regarding accepting the necessary legal definitions for such concepts. At the same time, while performing a comprehensive formal legal analysis and applying interpretation by analogy, we provide generalizations allowing to understand the essence of the concepts analyzed as well as their inter-relationship. We interpret two definitions for the concept of "medical service", and envision that medical care vs. medical service is an ontological unit of a more general and higher level. Understanding the differences in the definitions of "medical care" and "medical service", demonstrated in the article, will be useful to healthcare organizers
In the work, the author posed the problem of the objective impossibility of making a court decision in full and the impact of such a problem on the movement of a civil case and the ability of persons participating in the case to appeal against the adopted judicial act of the first instance. Arguments are given in favor of the fact that civil procedural legislation does not contain a mechanism that allows determining the further procedure for the movement of a civil case. It is proposed to develop such a mechanism as part of the improvement of procedural legislation
In the article are treated several questions, associated with the rights of the contract party which arise at the time of change of circamstances. The attention is drawn also to the possibility of the application of this doctrine to the COVID-19 cases.
The purpose of this short manual: to acquaint the reader who speaks English, but doesn`t know Russian, with fundamentals of contract law in Russia, with its most vital concepts and principles. The fundamental issues of contractual law of Russia are also considered: the conclusion, execution, alteration, termination of the contract, methods of ensuring the fulfillment of an obligation, the liability for the breach of a contract. At the end of the manual, some additional resources are provided, the study of which may help to better understand Russian contract law.
This study guide is intended for English-speaking students and lecturers of law universities, graduate students and researchers, practicing lawyers, as well as anyone interested in the issues of contract law of various states.
The article is dedicated to the review of whether a pledgee exercising the rights established by Clause 3 of Art. 358.6 of the Civil Code of the Russian Federation may enforce procedural succession from the pledgor to himself in case of pledge of rights (claims). The author notes that the judicial practice is not unified with respect to this issue: in some cases, the courts see no grounds to satisfy a pledgee’s claim for succession, while in other cases, on the contrary, the courts consider it necessary to perform procedural substitution of the pledgor with the pledgee. The author agrees that a pledge of rights of claim does not automatically result in claim assignment, i.e., there is no full withdrawal of the pledgor from the relations with the debtor in terms of the pledged claim. However, the author believes that this provision should not entail a conclusion that a pledgee should not count on procedural succession. On the contrary, the pledgee is the only person to be acknowledged as the authorized recipient of the enforcement the pledged claim after the default on the secured debt, due to the need to preserve the security function of the pledge of obligations, while the corresponding rights of the creditor/pledgor should be considered not subject to execution. In the author’s opinion, the facts described above allow acknowledging a pledgee as having an opportunity to use the procedural succession mechanism in the reviewed case.
The author attempts to provide for a possible method of comparative studies in the religious legal system, defined hereof as decofessionalisation of the sacral meaning of a religious norm. The substance of the method is a shift from a confessional tradition of understanding of the norm to its deeper sacral meaning. This requires a shift from certain traditional paradigma, at the same time it’s promising as far as it opens a possibility to find those common grounds, which are requested by the modern world as a theoretical background for removal of dangerous modern rivalries
Jurisdiction of American state courts over out-of-state defendants is determined by state law, but is limited by constitutional considerations. If the defendant does not have sufficient contacts with the state, it is unconstitutional for the state court to consider the dispute. With respect to defamation suits, not only does the defamatory information actually reach a sufficient number of state residents, but also the foreign defendant’s purposeful actions directed at that state are necessary for state court jurisdiction over the out-of state defendant to arise. In the case of the media, such a purposeful action might be, for example, selling a significant number of copies of a magazine in that state or advertising its website in that state. However, the posting of defamatory information on a website available in that state does not, by itself, create jurisdiction over the publisher in state courts. If, for example, a foreign-language website describes events outside the United States, a U.S. court would probably not have jurisdiction, even if the plaintiff ’s reputation in the United States was damaged. But if an English-language publication on some website intentionally defames a state resident by describing his or her activities in that state, the publication will likely be found to be “directed at” that state, and a state court will consider the defamation claim. The plaintiff ’s location in this state in a defamation action is not sufficient to give rise to state court jurisdiction over a defendant who does not have sufficient minimal contacts in the state. To hear such a dispute in that state would violate the defendant’s constitutional right to “due process” because of the burdensome nature of his participation in the process.