Journal headings
"Legal sciences"
All rubrics
Release: 2019-1 (19)
DOI: 10.21777/2587-9472-2019-1-48-54
Keywords: state, people, democracy, social unity, national idea
Annotation: In the article, the problems of implementation of constutionally declared principle of democracy are actualized conceptually. The established in Russia political and law regime of free political representation is analyzed. The wording of national idea providing the unity of multi-national Russian people and state integrity is proposed. On the side, there are specified the reasons which obstruct the establishment of the regime of democracy in state and the shift of scientific and social paradigm of rule of the people as a collective subject of law.
Public procurement: applied measures of administrative liability
Release: 2019-3 (21)
DOI: 10.21777/2587-9472-2019-3-56-62
Keywords: government procurement, system of public procurement, monitor of a public procurement, violation of Public Procurement, administrative liability, register of unfair suppliers (suppliers blacklist)
Annotation: The article considers the development of public procurement to achieve its high openness and transparency. The study purpose is to assess the effectiveness of legal penalties in the public procurement. The study purpose was realized by analyzing data on major violations of public procurement. This ensured the attainment goal. Data analysis showed the ineffectiveness of penalties (administrative liability) in Public Procurement. The authors suppose that the further development of public procurement will be focused on toughening the measures of administrative liability of procurement participants for corruption.
Basic terms of the institute of contract termination
Release: 2019-4 (22)
DOI: 10.21777/2587-9472-2019-4-46-51
Keywords: termination of the contract, refusal to fulfill the contract, refusal of the contract, termination of contractual obligations
Annotation: Termination of the contract is a problematic aspect in the contractual dynamics, as it acts as a negative form of their termination. The regulation of this process requires exceptional accuracy and unification. However, in the legislation there is a philological imbalance of the apparatus used. In this regard, the article is devoted to the analysis of the validity of using different terminology in determining cases of termination of contractual obligations by agreement of its parties, at the request of one of the parties in a judicial proceeding and by unilateral refusal to execute a contract without a trial. The methodological basis of the study was the analysis and systematization of available data in the regulatory and enforcement components. The result of the study was the author’s suggestions on certain issues of improving the current legislation aimed at stabilizing law enforcement.
Compensation as a way to protect exclusive rights to technical solutions
Release: 2019-3 (21)
DOI: 10.21777/2587-9472-2019-3-63-69
Keywords: intellectual property, patent holder, violation of exclusive rights, compensation, exclusive rights protection, material losses, nature of compensation
Annotation: The article describes the peculiarities of applicable intellectual property law. The existing judicial practice, applies by the judicial authorities when considering cases and determining the amount of compensation claimed in case of violation of exclusive rights to technical solutions, concerning illegal use of technological solutions, patent infringement has been analyzed. Approaches to determining the nature of the institution of compensation for violation of exclusive rights have been considered.
25 years the constitution of the russian federation on guard of the common economic space and competition
Release: 2019-2 (20)
DOI: 10.21777/2587-9472-2019-2-50-54
Keywords: competition law, Antimonopoly service, unfair competition, Antimonopoly package, the Constitution of the Russian Federation, economic space, sovereignty
Annotation: For 25 years, the Constitution of the Russian Federation protects the common economic space of the Russian state, creating its economic sovereignty, forming a non-discriminatory economic space. In accordance with the Constitution of the Russian Federation and elements of the constitutional mechanism, legal structures aimed at protecting the participants of economic turnover, the Government of the Russian Federation is taking certain measures to implement the strategy of competition and antitrust regulation. The system of measures of this strategy is analyzed in this article in the context of the development of the General legal and constitutional model of the single economic space. Among the basic principles of constitutional regulation, the principle of Antimonopoly regulation is the basis for determining the presence of a competitive environment and the protection of economic space. This article summarizes the complex of organizational and legal measures to improve competition law and its application in the Russian Federation. The article formulates measures to implement the constitutional principle of free movement of goods, services, vehicles and support of competition.