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Courier of Kutafin Moscow State Law University (MSAL))

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No 3 (2018)
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ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. ЗАКОН, ДОКТРИНА, ПРАКТИКА, ОБРАЗОВАНИЕ: ЭФФЕКТ ИНТЕГРАЦИИ И КОНВЕРГЕНЦИИ

24-32 313
Abstract
In legal doctrine there is no single paradigm on the nature of the legal capacity of credit institutions, the question of the permissibility of a particular transaction often becomes the subject of discussion, Bank lawyers and judges. The severity of scientific debate and the practical relevance of the research problem and led us to the idea of studying this category in the educational process. As educational technologies were selected: group discussion and analysis of specific cases, which are conducted during the practical classes.
33-40 261
Abstract
The article studies the phenomenon of biobanking as a new direction of economic activity. The conclusion is drawn on the necessity to define a domestic model for the development of biobanking in Russia and its legal consolidation in federal legislation (national law)
41-49 171
Abstract
In the article the peculiarities of commercial (trade) law as a practice-oriented academic discipline that requires a significant amount to learn the trade and legal practice, standardization documents and other documents that do not have a normative legal character. Special attention is paid to new developments in enforcement activities, and made in connection with these changes in the Law on trade.
50-60 163
Abstract
The article explores the problem of duplication of legal material on the creation of business entities, studied in the framework of various academic disciplines and levels of multi-level legal education. Its solution is seen in the broader use of the capabilities of the competence approach, the differentiation of tasks and educational technologies used in conducting studies in bachelor's, master's and postgraduate courses, which allows students to consistently form individual professional skills of a lawyer. Examples of assignments, business games and tasks on the specified subject are given.
61-70 187
Abstract
The article is devoted to the problem of delimitation of concepts «risk», «responsibility» and «guilt» in private law, the retrospective analysis of scientific views on their legal nature and relation, but also the modern understanding and the need for revision of certain well-established approaches. The article discusses the content and methods of teaching topics related to issues of responsibility and risk, and highlighted the need for the modern approach, in part to distinguish these concepts, and the need, in the order of discussion of the issue, reports of this approach to students.
71-78 342
Abstract
Relations on the securities market and collective investment market are overlapped to a certain extent, but not completely the same. In mind of the close relationship of these markets shown by the author it is appropriate to study them within the framework of the one discipline «The Securities and Collective Investment Market». The collective investment market requires a comprehensive research in Russian legal science. In Russia, the number of institutions in the securities and collective investment market ambiguously interpreted in the legal science and in the economic science, have voluminous and unstructured regulation. For effective teaching of the discipline is necessary to use constantly updated electronic textbooks, schematic representation, charts and tables, case study, interactive teaching techniques
79-87 241
Abstract
The present article is aimed at law students with theoretical and practical skills in the application of civil law adapted foreign Institute culpa in contrahendo. The development and consolidation of these skills should contribute to the consistent and deep study of considered Institute and its approbation on the seminar by drafting model agreements. In particular, in the simulation of a Treaty negotiation must include in its contents the following conditions: the purpose of negotiation, targets, aimed at compliance with the stated objectives, the content of the contract is a commercial secret, and liability for violation of trade secrets, liability for the unjustified interruption of negotiations and the calculation of damages in the case and other conditions, depending on the subject matter of the contract.

ОБРАЗОВАТЕЛЬНАЯ СРЕДА

88-107 208
Abstract
Purpose: to identify the state of normative legal certainty, theoretical support, goals and objectives, trends and conditions, forms of effective intermediate certification of magistrates. Research methodology: analysis, synthesis, deduction, generalization, abstraction, modeling, statistics data processing, supervision, pedagogical experiment, comparison, description, questionnaire. Conclusions: one of the urgent tasks of legal pedagogics is the creation of the theory of intermediate certification of undergraduates; normative regulation of the study question undergraduates is fragmented, superficial and formal; educational organization should create proper methodological support for the implementation of intermediate certification; for high school the problem of regulation and accounting of the teaching load during the conduct of this work is relevant; in the development of educational literature, as well as in determining the most effective forms of intermediate certification, it is necessary to take into account the opinion of teachers and students. Scientific and practical significance: the results of the study contribute to the doctrine of educational law in the theory of intermediate certification of undergraduates. They can be used by scientific and pedagogical workers in the course of the organization and implementation of intermediate certification of undergraduates, its educational and methodical providing.
108-116 365
Abstract
The article deals with the analysis of an academic discussion considered to be one of the basic methods of interactive training in the frames of educational process. The author concisely characterizes the conduct of academic discussion in the forms of «round table» and «debate», and works out a scenario of conducting round table discussion devoted to the problem of self-regulation of auditing activities at the practical workshop designed for Master’s Degree students.
117-125 244
Abstract
The article deals with peculiarities of methods of teaching the academic discipline «Taxation in business» at the Business and Corporate Law Department of the Kutafin Moscow State Law University (MSAL). Specific features of legal education, as well as the significance of methods of teaching legal academic disciplines, are considered in the article. The author determines the place of the academic discipline «Taxation in business» in the system of educational subjects and its interaction with different branches of law. The author enumerates the necessary input knowledge, tasks put before the Master's Degree students in the studying process and competence obtained at the output. And besides, the author analyzes some specific issues of lectures and practical workshops. The author substantiates the significance of the academic discussion as an important element of the training and educational process. The major stages of discussion are highlighted in the article. The author enumerates forms and underlines the significance of self-study and types of evaluation tools, as well as interactive forms of training, used in independent studies of Master’s Degree students.
126-134 224
Abstract
In the article are considered the questions of teaching of discipline «Introduction to the profession and professional ethics» in the educational program of the undergraduate training 40.03.01 «Jurisprudence» at the Kutafin Moscow State Law University (MSAL), illuminated the content of this course given the profile «lawyer in the field of business law», shows the possibility of using active and interactive forms of lectures and seminar-type classes, proposed recommendations for improvement of content, methods and logistics of teaching.
135-141 189
Abstract
The author of the article provides some recommendations for delivering lectures in the academic discipline «Legal regulation of innovation activities» within the Programme «Master of Law in the sphere of intellectual property» designed for Master’s Degree students. In connection with some changes in legislation the author represents her own attitude towards the concept of innovation activities.
142-150 220
Abstract
The article considers peculiarities of providing of master lecture activity on educational course «Legal regulation of trade and purchasing activities», which is studied in the Kutafin Moscow State Law University (MSAL) within Master program «Business legal support (business-lawyer)». Modern terms of master training indicate considerable transformations of lecture delivering. Application of new knowledge transmission methods and forms, used at lectures and aimed to form appropriate trainees’ capacity, is associated with solving a range of problems. They are related to the managerial and methodological features, lecture content, professional level of the trainees and other. In particular, the article pays attention to the use of interactive learning technologies at lectures.
151-159 279
Abstract
The article describes the main objectives of the course «Comparative corporate law», methodological techniques for developing students' skills in comparative legal analysis, application of functional approach to the study of corporate law institutions existing in the foreign law. Describes approaches to systematization of knowledge and the study of the logical grounds of corporate law basing on the examples of the functioning of similar institutions in the foreign law.

ДИСКУССИОННЫЙ КЛУБ

160-172 205
Abstract
The article deals with inconsistency of curriculums for the Business Law and adjacent subjects, which is considered as harmful for the pedagogical process. Likewise some Theory of Law study disfunctions are stressed out, which also imply detrimental effect to students’ knowledge of basic Business Law principles. The author’s position is that such a disorder in communication between departments within one university, as well as between educational institutions on the whole, ruins the Business Law structure and discourages legal education in the spirit of respectful attitude to the significance of the Business Law. The author proposes a way to adjust the appropriate scientific communication.

ЦИФРОВЫЕ ТЕХНОЛОГИИ В ОБРАЗОВАТЕЛЬНОМ ПРОЦЕССЕ

173-180 163
Abstract
This article examines the question of what opportunities the Internet provides in the process of conducting practical and lecture classes for students.
181-188 264
Abstract
The artiole describes the value and features of teaching legal foundations of business information support in the course of business law and related disciplines, specifics of studying of actual problems of use of information technologies in business activities in relation to the two levels of education - bachelor and master, issues of training and methodological support of disciplines related to the considered issues.
189-196 266
Abstract
Modern Russia undergoes essential changes in conditions of transition to digital economy. Introduction of information technologies in everyday life causes the need for their use for the sphere of business. Jurists of all branches of the right are forced to give an assessment to a condition of legal regulation of the modern public relations. In the present article authors allocate a circle of the questions demanding discussion at disclosure of this perspective.
197-205 234
Abstract
The article analyzes a web presence of the modern Business Law as the academic school taking into account the integration process of science, education and technical innovations. According to the results of the research no effective using of Internet technologies for promotion the academic school of modern Business Law was found. The article ends with the model of Internet portal of modern Business Law as the academic school which will help in the development of its scientific educational potential.

ЛЕКЦИИ ПО ПРОБЛЕМАТИКЕ ПРАВОВОГО СОПРОВОЖДЕНИЯ БИЗНЕСА

206-217 1293
Abstract
Family entrepreneurship is traditionally considered to be the most common type business which is predominant in quantitative terms, in the countries with developed market economies. Invited lecture, devoted to the disclosure of family entrepreneurship in the Russian Federation. Analysis of scientific approaches to the concepts and values of family entrepreneurship. Identified the legal nature of family businesses and especially family businesses in the Russian Federation. The types of family entrepreneurship and the legal status of the family business. The prospects of development of family entrepreneurship in the Russian Federation and the conclusion is made about the allocation of family business into an independent business. The family business must act as a bridge between government, small and large spheres of entrepreneurial activities. It was supposed to regulate the decision to implement the numerous organizational, legal issues arising from the interaction of state and business structures. Of course, family enterprise should increasingly be supported by government and the business community, requires the development and implementation of special target programs aimed at the development of entrepreneurial activities of family members.
218-224 525
Abstract
In this paper we analyze sources of private entrepreneurs bankruptcy, causes for initiation of proceedings, conditions in which arbitration court may initiate proceedings, types and content of proceedings. Particular examples of such proceedings used in private entrepreneurs bankruptcy regulation are given, such as: debt restructurisation, assets realization, amicable settlement, heritable assets insolvency. Inability to pay is taken for cause of bankruptcy recognition; fact of inability should be proven by applicant in court. We deduce that causes for initiation of proceedings for private entrepreneur and consumer are identical. Features of legal regulation of private entrepreneur bankruptcy are outlined on different stages: pleading to arbitration court, selling of assets during assets realization, legal consequences of bankruptcy in business. Debatable topics are investigated: notion of debtor in heritable mass insolvency procedure is given with conclusion about using of legal fiction in autorizing heir with rights and responsibilities of debtor. Established court practice of private entrepreneurs bankruptcy norm applications is analyzed.
225-233 438
Abstract
The article is the form of lecture for the master's degree program. It’s devoted to the main provisions about compliance, the main stages of compliance as a form of business risk protection, approaches to the definition of the term «compliance», legal regulation. The article describes the features of international sources of compliance regulation and the problems of establishing compliance in the Russian Federation.

TRIBUNE FOR YOUNG SCIENTIST

234-241 294
Abstract
In the article the author analyzes the legal definition of medical organization and allocated her features, the definition of entrepreneurship the medical institution and allocated her features, compared entrepreneurial activity and income-generating activities of medical organizations.

LAW IN HISTORICAL REFRACTION. Legal Monuments

ЮРИДИЧЕСКОЕ НАСЛЕДИЕ

ПОСТСКРИПТУМ. ПОРТРЕТ НА ФОНЕ ИСТОРИИ



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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)