ARTICLES
The article deals with the codification of the law of obligations after World War I. It presents the activity of the Polish Codification Commission, paying a special attention to the participation of its members in the drafting of the Polish Code of Obligations of 1933, and to the fact that its authors based their rules on legal decisions concerning the law of obligations in France, Austria and Germany. They also used the French-Italian draft of the law of obligations of 1927 and the Russian draft of 1913. The Code of Obligations of the time was an important development in European scholarship. It was therefore widely commented, especially in French scholarship. The legal solutions found in the code were a compromise between individualist and socialist concepts of the law of obligations. The code was divided into two parts: general and detailed. In addition, the following principles appeared in the code: legal correctness, good faith and good customs, the equitable interest of the employer, and the rebus sic stantibus clause. The Code of Obligations was in principle no longer in force with the entry into force of the Polish Civil Code of 1964. However, it should be emphasised that Book III of the Code was directly based on the legal constructions employed in the Code of Obligations.
Guilt is an obligatory feature of a crime under the Criminal Code of the Russian Federation (hereinafter referred to as the Code)1 . However, there is no legal definition of guilt in the Code, as well as in most criminal laws of foreign countries. Understanding of guilt is sometimes contradictory in the doctrine so the authors consider the main concepts to present a holistic understanding of the formula of guilt in Russian Criminal Law: psychological concept, evaluative (normative) and dangerous state of mind.
Guilt is a criminal law concept and therefore has psychological, social and legal (criminal law) content. In Russian Criminal Law, it is usually considered within the framework of its social and psychological interpretation. At the same time, echoes of the other two concepts can be found, for example, in the interpretation of negligence as a form of guilt (Part 3, Article 26 of the Code) and criminal responsibility for taking the highest position in the criminal hierarchy (Article 2101 of the Code) due to the fact that certain elements of external assessment (normative concept) and subjective imputation (theory of a dangerous state of mind) can be seen in the construction of these rules by the legislator.
The paper strongly focuses on the analysis of the individual basic elements, attributes, components of the phenomenon in question and their relationship to each other: guilt and guiltiness, intellectual and volitional elements, knowledge, awareness, foreknowledge, understanding, desire, presumption, indifference and calculation.
Currently, both law enforcement activities and dynamically developing legal regulation are aimed at the involvement of genes and genetic structures in civil circulation. The civil-legal direction is actively developed in order to ensure the defense of genes and the realization of the rights and obligations of subjects of biomedical technologies in the field of genes of genomic structures in civil-legal relations.
Especially a large number of questions and difficult from a civil point of view of practical problems arise in determining the possibility of including genes and genomes in the list of objects of civil rights, their turnover.
The article defines some areas of civil regulation of genomic technologies in modern Russia, the qualification of genes and genomes as objects of civil relations, the turnover of genes and genetic structures.
The article analyzes some preliminary results of the Russian authorities’ fight against the pandemic caused by the previously unknown infection Covid-19. The interconnection between the pandemic and the infodemic complicating the authorities’ responsibility not only for the physical but also for the mental health of the nation is considered here. The features of government responsibility during the pandemic, changes in labour and other legislation, threats to the mental development and mental health of the younger generation due to the mass transition to distance education caused by the pandemic are considered.
There is analyzes of the legal regulation of agreements on the provision of information services in the article. The insufficiency of articles in the second part of the Civil Code of the Russian Federation is noted. The author identifies the most significant normative acts of the first years of regulation of this area and provides an overview of further development. The question of the defenses of the agreement on the provision of information services developed in the science of civil law is investigated. The author offers his own definition of this contract. The article contains examples from judicial practice, as well as business practices. The author classifies information service agreements using legal reference systems. Among the most popular types of agreements on the provision of information services in recent years, the author identifies agreements with information services in the form of information databases on the Internet, as well as in mobile applications: cian, avito, taxi aggregators; agreement governing the use of cloud information storage; contracts for online school services. The main practical problems in the field of research are also noted, such as the complexity of the legal qualification of the contract and, as a result, the applicable standards (with aggregator); the difficulty of proving the fact of the provision of information services; responsibility of the service provider.
The article examines the issues of interaction between law and economics through the prism of the formation of Russian economic law. The historical aspect is highlighted: the analysis of the pre-revolutionary legal doctrine and scientific sources during the Soviet development of the state. In the late XIX early XX centuries a general critical attitude to the Marxist idea of the primacy of the economic basis was formed. It was accompanied by the same skepticism about extreme liberalism, which advocates minimal government interference in the objective laws of economic development. Attention is drawn to the fact that during the Soviet period, by explaining a new branch economic law attempts were made to determine the limits of state influence on economic relations. In modern Russian law, in view of the constitutional consolidation of the canons of a market economy, a change of guidelines has taken place. New concepts have appeared economic constitution, constitutional economics, and economic analysis of law. There is an involvement of efficiency criteria in the evaluation process of the implementation of public power. The article also investigates the thesis about the formation of a new mega-branch of law economic law, which covers almost all aspects of the regulation of the national economy. Highlighted its positive (defining precise guidelines in the interaction of law and economics) and negative aspects (leveling the criteria for differentiation of branches of law).
In this article, the author conducts a study of the legal nature of the agreement between the employee and the employer on the rights to technical solutions, created by the employee within the framework of labor functions. Absence of comprehensive legislation of legal relations between the employee and the employer concerning potential objects of patent law created by the employee, and absence of unitized scientific approach about the nature of the agreement between them negatively influence the process of administration of the law. The analysis of the court practice conducted by the author allows us to understand that in most cases the employer and the employee who created the patentable technical solution do not have a legally formalized agreement. This implication mat lead to conflict situations between the parties, that can negatively affect the stability of stream of commerce. The author concludes that such situations are a consequence of the ambiguity of the legal nature of the agreement (contractual terms) on the procedure for creating patentable technical solutions by an employee and determination of its legal status. From a practical point of view, the existing uncertainty leads to difficulties for both parties to the employment contract in determining the form and content of the document in which the relevant arrangement should be enshrined. In this article the author, examineting the legal nature of the agreement between the employee and the employer, regulating their legal relations concerning the official objects of patent law, finds additional arguments in support of the concept of interbranch nature of regulation of the institute of official objects of patent law.
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