Dolinskaya Vladimir Vladimirovna Biography


The subject of the study in this article is the format of the customer’s communication with applicants and procurement participants in the form of a response to a request for clarifying the provisions of the notification and or procurement documentation. In modern legal literature, there are completely no publications on this issue, while the author found in it many controversial legal issues that are illustrated by numerous precedents from administrative and judicial practice.

The main complexity was and remains the discretional nature of the answers of customers, the difficulties with establishing a causal relationship between violations when considering requests, including in terms of compliance with the deadlines and the results of a specific procurement procedure. The author also analyzes administrative compositions by which the customer and his officials may be held accountable for ignoring requests or providing answers with a delay.

The methodological basis of the article left the analysis method and the formal-legal method. Based on the results of the study, the author formulated the constitutive features of the clarification request procedure, as well as the basic rules that should adhere to corporate customers in order to avoid accusations of conspiracy with participants in the procurement procedure.

Keywords: Administrative responsibility; interest; customer; purchase; Request of explanations; competitive procedure; contender; Procurement principles; Purchase participant; fine. The Subject of the Study in this Article is the Format of Comunication Between The Customer and Bidders and Procurement Participants in the Form of a Response to a Request For Clarification of the Provisions of the Notice and Or Procurement Documentation.

In Modern Legal Literature, There Are Completely No Publications on this Issue, While the Author Fund Many Controversial Legal Points in it, Which Have Illustermed By Numerous Preecedents from Administrative and Judicial Practice. The Main Difficulty Was and Remains The Discretionary Nature of Customer Responses, Difficulties in Establing a Linkal Link Between Violations in the ConSidies Including in Terms of Compliance with the DeadLines and the Results of A Specific Procurement Procedure.

The Author Also Analyzes The Administrated Offenses for Which The Customer and His Proper Persons Canble For Alble For Alble Reques Providing Answers With Delayy. The Main Methods of Research Were Analysis and Formal Legal Method. Based on the Results of the Study, The Author Formulated Constising Features of the Procedure of Recedist for Clarifications, As Well as the Basic Rules Th.

Customers Shoup Adhere to in Order to Avoid Accusations of Collusion with Participants in the Procurement Procedure. Keywords: Administrated Responsibolyti; Interest; Customer; Procurement; Request for Clarification; Competitive Procedure; Bidder; Procurement Principles; Participant; Fine. In order to determine the specifics of the legal status of a child, a minor in hereditary relations, a comparative analysis of the norms of the general civil law on subjects, transactions and inheritance, legal acts on notarial activities and judicial acts were carried out.

By the methods of analysis, interpretation, comparison, we establish the impossibility for minors of partially capable citizens in half of cases of participation in hereditary relations in the broad sense of the word of officials in relation to the compilation and execution of a will as a special subject. The problems of the legal status of the refusal for minors were identified.

According to the current legislation in hereditary relations in the narrow sense of the word, a minor can act as a testator only upon inheritance by law, that is, without taking into account his will, opinions. On the basis of a comparative analysis of the legislation of Russia and a number of foreign countries and the identification of the logic of the formation of legal capacity, the refusal of all minors in testamentary legal capacity in full is called into question.

Recommendations are proposed to the legislator for the replenishment of spaces, law enforcers, and the balance of the rights and legitimate interests of minors and other participants in civil circulation is justified as a direction of development. Key words: legal capacity; confidential manager of hereditary mass; will; legal representative; property relations; Contractor of the will; testator; inheritance legal relations; hereditary agreement; minors; refusal; translator; handler; witness.

By the use of Methods of Analysis, Interpretation and Comparison, We Establish The Impossibily for Minors, Being Partially Legilla Citizens, to Participate in Half Of the Cases of Inheritance Relations in the Broad Sense of the Word The Onees Being Secondary in Refting and Execution of the Will AS a Special Subject.The Problems of the Legal Status of the Legatee for Minors have been iDentified.

According to the Current Legislation, Inheritance Relations in the Narrow Sense of the Word a Minor CAN ACT ACTATOR ONLY in CASE OF INHERITING BY LAW, To IS, WITH No No No No No No No No No No No No No No. Regard to his Volition Or Opinion. Based on a Comparative Analysis of Legislation of Russia and a number of Foreign Countries and Identification of the Logic of Formation of Legal Competence, The Denial of Full of Full Testamentary Capacy to All Minors Has Been Called Into Question.

Recommentations are proposed to the Legislator and Law Enforces on Filling the Loopholes; ENSURING A BALANCE OF RIGHTS and Legitimate Interests of Minors and Other Participants in Civil Circulation Is Justified AS A Direction of Development. Keywords: Legal Competence; Trustee of the estate; Will; Legal Representative; Property Relations; Executor of the Will; testator; Inheritance Legal Relations; Inheritance Contract; minors; Legatee; Translator; Signer; Witness.

The article discusses the phenomenon of paternity from the standpoint of existing concepts, theories, as well as the current legislation and the possible vector of its further development. The work pays attention to the Biomedical, social and other technologies, blurring the traditional understanding of paternity. Based on the existing threats and risks for preserving the institution of paternity, a conclusion is formulated about the need to protect it, to protect the state and means, including legal ones.

Key words: paternity; Parenthood; modern technologies; safety; security; protection; Development of legislation. The Article Examines the Phenomenon of Fatherhold from the Standpoint of Existing Concepts, Theries, As Current Legislation and a Possible Vector for Its Further Development. The Work Focuses on Biomedical, Social and Other Technologies That Eroode the Traditional Understanding of Fatherhood.

Based on the Existing Threats and Risks to Presservation of the Instition of FatherHood, A Conclusion Is DRAWN ABOUT THEED To SAFEGUARD IT, Protect it with the Mechanisms and Means Available to the State, Including Legal Oones. Keywords: Fatherhood; parenthood; Modern Technologies; Safety; Safeguarding; Protection; Development of Legislation. In this publication, the author considers the problem of the ratio of interests of creditors of the actual and nominal owner in case of arousal of bankruptcy proceedings in relation to these entities.

For this purpose, the first part of the work is paid to the issue of designating persons accepting the assets of the debtor in their name, in the second part possible situations are simulated, which shows the different application of the rule on the inclusion of the debtor of existing and identified property in the competitive mass of the debtor. The author sees the need to distinguish between the interests of the actual owner who is not in a state of property crisis, his creditors and creditors of the nominal owner.

It is proposed to discuss the idea that in order to protect the interests of creditors of the nominal owner, who previously conscientiously relied on the property position of their debtor, they should be left to submit a claim for compensation for harm caused by joint actions of the nominal and real owner. Positions set forth in the work can be perceived by the courts when considering cases of bankruptcy insolvency, as well as when discussing proposals to change the explanations of the Supreme Court of the Russian Federation in this area.

Keywords: Bankruptcy insolvency; a front face; imaginary owner; nominal owner; creditors' rights; competitive contest; transactions to the detriment of creditors; competitive mass; imaginary transaction; mocking transaction. In the Publication, The Author Examines The Problem of Correlaration of the Interests of Creditors of the Actual Owners in the Event of the Bankruption Procedings AGainSt the Specific Subjects.

The Author Sees The Need To Distinguish Between the Interests of the Actual Owner, Who is not in Afate of Property Crisis, His Creditors of the Nominal Owner. It is proposed to discuss The idea that in order to proferes of creedites of the nominal owner, hho Previously Relied in Goods Their Debtor, it is Advisable to Reserve for Them the Right to Claim Compensation for Damage Caused by Joint Actical and Actual Owners.

The Positions Set out in the work can be Accepted by the Courts in Consedation of InSolvency Cases, As Well as in Discussions to Change Explanations by the Supreme Court of the Russian Federal Area.The subject of comprehensive analysis in the work is general and special laws regarding the conditions and procedure for canceling the rights of third parties to the pledged property in the event of a penalty to it; The key attention is paid to the aspect of the legal role of the consent of the pledge holder to dispose of the subject of the pledge and the consent of the acquirer of the property while maintaining encumbrances.

The methodological basis of the study was the general theoretical formal and dialectical logic and private scientific legal-human, interpretation of legal norms, legal modeling, and comparative legal methods. The novelty and originality of the conclusions are also determined by the author of the poorly studied in the doctrine of thematic blocks, the validity of the qualifications of these permits as consent to the transaction, etc.

The author draws conclusions on the appropriateness of adjusting the normative material in the direction of a clear conjunction of the prescriptions of the general citizenship legislation and the balance of the mortgage for the occurrence of circumcises, etc. Keywords: Property foreclosure; consent to the transaction; consent of the pledge holder; consent of the acquirer of property; Presented non -consent.

The Methodological Basis of the Study Was Made Up of General Theoretical Formal and Dialectical Logic and Specific Scientific Legal-Dogmatic, Interpretation of Legal Norms, LEGAL Modeling, Comparative Legal Methods. The Author Draws Conclusions About the Advisability of Adjusting the Regulatory Material in the Direction of a Clear Connection Between The Legislation and Legislation on Mortgages Regarding the Time of OcCurrence of Encumbrances, etc.

Public legal territories are a fairly new legal category enshrined in the Civil Code of the Russian Federation in the city of historically that the allocated territories are widely represented in foreign legal jurisdictions, which, according to the author of the article, gives the grounds for evaluating the experience and its adaptation to the Russian legal system.

At the current stage, the formation of the legislative framework in relation to the federal territory "Sirius" entailed many legal problems in the current civil circulation, which are reflected in judicial disputes - GG. This factor determines the need to revise the current norms and the formation of a legislative framework to reduce the legal ambiguity of the formed regulatory framework.

The consolidation of any legal category implemented in civil circulation occurs in stages. The formed legal basis more affects the interests of the state, while there are grounds to consider this category from the point of view of the private legal interests of individuals and legal entities. The provision of the provision of territorial entities of public law will take a long historical period, since the conditions for the implementation of legal relations will be the formed novels and judicial precedents.

Key words: public law territories; civil circulation; legal relations; legal grounds; novels. Public Law Territories are A Fairly New Legal Category Enshrined in the Civil Code of the Russian Fedorically, The Designated Territories Have Been Widly Represented in Foreign Legal Jurisdictions, Which, in the Opinion of the Author of the Article, Gives the Grounds for Assessing the Avalable Experience and Its Its ITS Adaptation to the Russian Legal System.

At the Current Stage, The Formation of the Legislative Framework in Respect of the Federal Territory FT "Sirius" Has Entailed Many Problems in the Current Civil Circulation, Which Were Reflected in the Court Disputes of this factor Determines the Necessity of Revision of the Current Provisions and Formation of the Legislative Framework Allowing to Reduce The Legal Ambiguity of the Formed Statutory Basis.

Dolinskaya Vladimir Vladimirovna Biography

The Determination of Any Legal Category Realized in Civil Circulation Occurs Gradulally. The Developing Legal Framework Affects to a Greater Extended the Interests of the State, While therma Reasons to Consider This Pint of View of Private Legal Interests of Individuals and Legal Entities. The Determination of the Position of Territorial Entities of Public Lawl Take A Long Historical Period, Because The Conditions for the Implements Lie in the Developing novelties and Judicial precedents.

Keywords: Public Law Territories; Civil Circulation; Legal Relations; Legal Grounds; Novelties. The subject of the study is the ratio of the legislation of the Russian Federation on the protection of cultural heritage objects regarding the approval of their boundaries of territories and registration of rights as evidence of the existence of established legal regimes of a thing. The purpose of the work is to identify the characteristics of the legal regulation of the approval of the boundaries of the territories of cultural heritage objects, their regimes, the reflection of these information in the Unified State Register of Real Estate.

General scientific and special-legal methods of cognition were applied, including a systematic approach, dialectical, legal modeling method, etc. As a result of the study, the basic laws of the ratio of the procedure under consideration are determined, which are inherent in a significant degree of inconsistency, which has a direct impact on the reliability of the information contained in the Unified State Register of Real Estate, the emergence and exercise of civil rights and obligations.

The data obtained can be used in the field of private law relations arising about objects of cultural heritage. The novelty of the study consists in identifying the problems of the correlation of the procedure for approving the boundaries of the territories of objects of cultural heritage, their legal regimes and maintaining a register of rights to real estate objects.

Measures are proposed to adjust the legislation of the Russian Federation in the studied part. The obligation of the subjects of the right to comply with the borders of the cultural heritage objects was established even in the absence of information about them in the Unified State Register of Real Estate. The mixed competence of federal and regional authorities in terms of the adoption of legal acts is enshrined in relation to the attractions of federal significance, which conflicts with the requirements for the preparation of draft boundaries of the territories of cultural heritage objects and complicates the introduction of information into the specified register.

The presence of cultural heritage objects is argued, the boundaries of the territories in respect of which are approved before the adoption of the procedure for their development, which prevents the filling of the above registry with objective data. General restrictions on activities within the boundaries of the territories of these objects have a high degree of uncertainty and can only be applied as a temporary measure of legal regulation.

The identified problems have a direct impact on private law relations arising about objects of cultural heritage, the resolution of which helps to ensure the transparency and stability of civil circulation of these objects. Key words: objects of cultural heritage; boundaries of the territory; a delighted place; requirements for the implementation of activities; The Unified State Register of Real Estate.

The Subject of the Study Is the Corrections Between the Legislation of the Russian Federalization OF THE OFTARALTURAL HERALTURAL Heritage Establing Their Territorial Boundaries and Registration of Rights as the Evidence of Existable Legal Regimes of a Thing. The Purpose of the Work Is to Identify the Features of the Legal Regulation of Establishment of Territorial Bountaries of the Objects of Cultural Heritage, Their Regimes, and the Reflection of this Information in the Unified State Register of Real Estate.

General Scientific and Special Legal Methods of Cognition Were Applied, Including a Systematic Approach, Dialectical One, Method of Legal Modeling, Etc. Resulting from the Study, The Main Patterns of Correlaration of the Consedered ProCedures have been Determined, Which Are Characterized by A Consideble Degree of Inconsistency, Which Has a Direct Impact on the Reliability of the Information Contained in the Unified State of Real Estate, The Emergence and Exercise of Civil Rights and Obligations.

The Data Obtained Can Be Ussed in the Field of Private Law Reasons Ariding in Relation to the Objects of Cultural Heritage. The Novelty of the Research Lies in the Identification of the Problems of Correlaration Between The Procedures for Establing Territoris of the Objects of Cultural Heritage, Their Legal Regimes and Keeping the Register of the Rights to Real Estate Objects.

Measures to Adjust the Legislation of the Russian Federal Crime The Obligation for the Subjects of Law to Comply with the Regimes of Boundaries of the Objects of Cultural Heritage, Even in the Absence of Information ABOUT THEM In the unified state of register of real estate, Has been estable. In Relation to the Places of Intereth of Federal Significance, The Mixed Competence of Federal and Regional Authorites Has Been Provided For in Terms in Terms Acts, Which Contradicts The Requirements for the Preparation of BluePrins of Territorial Bountaries of the Objects of Cultural Heritage and Makes It Diffikult to Enter Information Into the Specified Register.

The Existence of the Objects of Cultural Heritage is Argood, Whose Territorial Boundaries Were Approved Before the Adoption of the Procedure for their Development, Which Impedes The ABOVE-MENTERD Register from Being Filled with Objective Data. General Restricts on Activities Within the Territorial Boundaries of Sucheche Objects have a High Degree of Uncertain and Canings only be Appraary Measure of Legal Regulation.The Identified Problems Directly Affect Private Law Relatsing In Relation to the Objects of Cultural Heritage, Their Resolution Will Contribute to ENSURING TRANSPARENCY AND STABILITY OF CIVIL CIRCULATION OF THE SAID Objects.

Keywords: Objects of Cultural Heritage; Boundaries of the Territory; PLACE OF INTEREST; Requirements for the Activities; Unified State Register of Real Estate. Shushina Ekaterina Vladislavovna.