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Frustration of purpose due to change of position: Experiences of the “mixed jurisdictions”
No full textThe article analyses the problem of change of position and frustration of purpose in “mixed
jurisdictions”. Frustration of contractual purpose is the doctrine that is known in English law
and derives from the so called “coronation cases”. At the same time frustration of contractual
purpose is a particular case of subsequent change of external situation. The author systematically
considers the issue in the civil law of Louisiana and Quebec. Louisiana and Quebec are
“mixed jurisdictions” that harmoniously combine elements of civil law and common law. But
today mentioned legal systems solve problems of change of position and frustration of purpose
with the help of traditional institutions of civil law: impossibility, force majeure and the doctrine
of cause. In practice it leads to that the issue of the influence of change of circumstances and
frustration of contractual purpose on obligations becomes stubborn. The reason of it is the
objective unsuitability of mentioned doctrines to the issue. Therefore, we need to mention the
experience of Argentina. Argentina is not a “mixed jurisdiction” but its Civil and Commercial
Code reformed in 2015 harmoniously combine elements of civil law and common law with the
aim to solve practical problems. The Civil and Commercial Code of Argentina provides rules not
only about subsequent extraordinary change of position and its consequences but in the single
article regulate frustration of contractual purpose. Frustration of contractual purpose in Argentina
is closely connected with the doctrine of causa. Therefore in the framework of the doctrine
of frustration of contractual purpose both the typical purpose of contract of certain kind (i. e. cause in civil law) and the motive that is unique for each contract have legal sense. Recognizing
in the Civil and Commercial Code of Argentina the legal sense of party’s motive for
entering into contract Argentina in fact departs from the canons of continental law that doesn’t
recognize the legal sense of such motives
EXPRESSION OF MODAL MEANINGS IN CONSTRUCTIONS OF POSITIONAL-LEXICAL REPETITION IN THE NOVEL TEXT BY D. GLOUKHOVSKY
Full text linkThe article features special aspects of the expression of modal meanings in the constructions
of positional-lexical repetition based on the novel Text by D. Gloukhovsky. The ways of expressing the modal meanings of possibility, necessity, reliability, desirability, affirmation/
negation are being analyzed with the help of the method of linguistic observation
and description. The method of unselected sampling has revealed cases of positional-lexical
repetition in neighboring sentences with markers of modal meanings. It has been established
that the ways of expressing these meanings in the novel ’Text’ are those that are
considered basic for the grammatical system of the Russian language as a whole: modal
verbs (moch’, khotet’), words of the category of state with a modal meaning (mozhno, nuzhno)
in combination with an infinitive, modal words (mozhet), words da and net. The peculiarity
of repetition constructions in the novel Text demonstrates that modal meanings in
them appear, as a rule, with a minus sign: uncertainty, unwillingness, unrealistic desire,
impossibility, denial. An important factor influencing the formation of modal meanings in
the constructions of positional-lexical repetition is the context which makes it possible to
identify implicit increments of meaning, also including the reflection of the emotions experienced
by the character. The correct interpretation of modal meanings, even in such
relatively closed space as the construction of positional-lexical repetition, is impossible
without referring to the textual modality, which is shows itself in the characterization of
the character. The analyzed cases of repetition refer to the experienced speech of the
main character of the novel and illustrate his search for answers to the emerging questions,
the choice of the right decision in a stressful situation, his state of excitement or a
feeling of regret. Fears and worries, hopes and doubts determine the general sentiment
of the text of the novel, and all these reveal themselves in modal meanings, explicitly and
implicitly presented in the constructions of positional-lexical repetition. Refs 9
ЭКСПЕРТНОЕ ЗАКЛЮЧЕНИЕ по информационным материалам запроса ГУ МВД России по г. Санкт-Петербургу и Ленинградской области (Отдельные фрагменты исключены из текста опубликованного заключения в целях обеспечения соблюдения требований законодательства)
No full textОтдельные фрагменты исключены из текста опубликованного заключения в целях обеспечения соблюдения требований законодательстваAbstrac
ЭКСПЕРТНОЕ ЗАКЛЮЧЕНИЕ по информационным материалам запроса прокуратуры Петроградского района Санкт-Петербурга (Отдельные фрагменты исключены из текста опубликованного заключения в целях обеспечения соблюдения требований законодательства)
No full textОтдельные фрагменты исключены из текста опубликованного заключения в целях обеспечения соблюдения требований законодательстваAbstrac
ЭКСПЕРТНОЕ ЗАКЛЮЧЕНИЕ по информационным материалам запроса ГУ МВД России по г. Санкт-Петербургу и Ленинградской области (Отдельные фрагменты исключены из текста опубликованного заключения в целях обеспечения соблюдения требований законодательства)
No full textОтдельные фрагменты исключены из текста опубликованного заключения в целях обеспечения соблюдения требований законодательстваAbstrac
Critical remarks on the liberal understanding in sociological and legal studies of the phenomenon of labour in the information society
No full textThe transformation of methods and means of production under the influence of the development
of digital technologies has led to an increase in the interest of scientists in the problems
of radically changing labour processes. In the sociological and legal studies of the liberal direction,
the phenomenon of labour began to be studied separately in the context of the transition
from the labour practices of an industrial society to the labour practices of an information
(post-industrial) society. The main conclusions that were made as a result of studying the phenomenon
of labour in a liberal way were: recognition of the liberating nature of informationtype
labour and its priority over industrial-type labour; endowing information labour with a
characteristic of flexibility in comparison with the rigidity of labour in an industrial society.
From a legal point of view, these conclusions created the preconditions for the deregulation
(the elimination of protective norms and guarantees) of labour relations both for employees
of the “endangered” industrial type and for “progressive” information employees. Within the
framework of this publication, the author set a research task to cancel the four myths of the
information society, which are most popular in liberal theories: 1) mass release of employees
employed in industry, due to the computerization of production; 2) flexibility in the labour
market is an integral part of the transformation of the traditional model of labour relations;
3) outsourcing is inherent only in industrial type production; 4) the release of a new product
involves the release of employees due to the inability of the workforce to master modern
methods of work. As a result of the critical analysis of these myths of the liberal doctrine, the
author came to the conclusion that it is useless to establish distinctions in the very essence of the labour phenomenon. The author believes that the concept that allows convergence of all
types of labour in state production chains is the theory of “community of labour” proposed by
Karl Marx. For labour law, the presence of objective features of the implementation of labour
processes means the need to deepen research on the differentiation of the legal regulation of
labour of certain categories of employees, and not to deregulate labour relations
Professional burnout as a legal category
No full textThe state of fatigue caused by work (“professional burnout”) must be given legal significance.
The authors of the article are among the first in legal science to assess the links of “professional
burnout” with the categories of work capacity, disability, legal capacity, delictworthiness,
social and professional risks. The study solved the tasks of assessing the extent of the real
spread of “professional burnout”, its symptoms and their legally significant manifestations in
the activities of pedagogical and medical workers classified as high-risk groups of exposure to “professional burnout”, in order to formulate ideas on this basis about the place and role of assessment
of “professional burnout” in the system of relations regulated by labour and administrative
law, social security law. The data used as the basis of the study were collected in the
conditions of the COVID-19 pandemic, during a period of drastic changes in organizational
and socio-psychological working conditions, exacerbation of stressful factors. To assess them,
the methods of questionnaires, legal analysis, comparative analysis with the progress and results
of medical research, generalization of statistical data were used. As a result, a unique
database was formed on the dynamics of the health of teaching staff, a detailed description of
the professional burnout of medical workers, symptoms that pose a threat of negative sociolegal
consequences were identified by the phases of the syndrome development, a comparative
characteristic of the socially significant symptoms of “professional burnout” was created and
based on it — the characteristic of legally significant features of the syndrome as a whole, as
a fact-a condition characterized by increasing dynamics, shows the connection between the
structure of violations detected as a result of control and supervisory measures committed
by medical workers in the provision of medical care with the development of “professional
burnout” in this environment, the means and legal mechanisms for preventing or minimizing
the risk of the formation of “professional burnout” are presented, the necessity and possibility
of conceptual changes in the system of assessing working conditions by groups of factors of
production by including a new group in them — socio-psychological factors with the attribution
to them of work regimes, the quality of labour rationing, the quality of communication,
for which the identified indicators of “professional burnout” will be one of the indicators of
well-being or trouble in the production environment
Invalidity of the employment contract and recognition of the employment contract as not valid as a promising way to protect labour rights
No full textThe study is devoted to the substantiation and formulation of proposals for the implementation
in Russian labour law of a promising way of protecting individual labour rights — invalidity
of the employment contract and the recognition of an employment contract as inactive
in court, as well as their ratio. Based on the analysis of the labour legislation of the Russian
Federation and other states of the EAEU, an analysis is made of the current state of the normative
legal regulation of the issues of the invalidity of an employment contract. It is proposed to
fix in the Russian labour legislation the concept, specific grounds for the nullity of an employment
contract and its consequences. When considering the provisions of civil legislation on
the consequences of the invalidity of disputed transactions, as well as special literature, the
author expressed the opinion that the method of protection provided for in paragraph 3 of
Article 167 of the Civil Code of the Russian Federation should be considered precisely as a
mechanism for the transformation (termination for the future) of the legal relationship that
arose from the voidable transaction. It is concluded that the partial extrapolation of this model
to the labour law reality will allow to form an original way of protection for the employee and
the employer, eliminating the grounds for discussion about the subsidiary application of civil
law norms on the conclusion and execution of an employment contract. The main results of
the study are the formation of a number of proposals aimed at improving the effectiveness
of primarily Russian labour legislation. In particular, a distinction is proposed between the
grounds and consequences of the nullity of an employment contract and the recognition of an
employment contract as inactive. It is stated that the rights and responsibilities of the parties
to the employment relationship, formed before the recognition of the employment contract as
inactive, should be considered properly executed. It is also proposed to some of innovations in
the Labour Code of the Russian Federation, including a fine (penalty) in favor of a minor employee
in cases of violation by the employer of the prohibitions on concluding an employment
contract as a preventive measure and one of the consequences of recognizing it as inactive
The notion of transactions in labour law and social security law
No full textThe institution of transactions, having gone through a long path of evolution and filling with
meanings, has acquired in modern law the quality of a universal means of regulating social
relations. The universality and practicality of transactions as a legal means has tangible manifestations
in any branch of law, forming, to one degree or another, the distinctive characteristics
of the method and mechanism of legal regulation. The essence and place of transactions
(and contracts as their varieties) continues to be the subject of discussion, the importance of
transactions as legal facts in many industries is underestimated and needs additional scientific
analysis. In this article, the authors raise the question of the nature and place of transactions in
the system of legal facts, as well as sources of law in labour law and social security law. Using
the example of the branches of labour law and social security law, the authors prove that transactions
are among the universal general legal means that do not have an exclusively civil law
binding. At the same time, the legal regulation of this tool varies from industry to industry. In
labour law, the understanding of a transaction as one of the legal means contributes to the formation
and development of an employment relationship not as a confrontational relationship,
but as a relationship of cooperation, a consensual relationship. Due to the lack of legal equality
between the subjects of social security law, their rights and obligations cannot be fully determined
by the contract. However, the tendency to expand contractual regulation demonstrates
the significant impact of private law on many social security relations (state social assistance,
social services, non-state social security)
Historical Jesus vs Chalcedonian definition: The problem of Christ’s ignorance
No full textSome of the sayings of Jesus show that he did not possess omniscience. But this is
incompatible with the Chalcedonian definition according to which in Christ the divine and human natures are united in one person. Traditional theology has therefore
concluded that Christ’s ignorance was only apparent. However, the studies of
the historical Jesus proved that Christ as man did not really know the time of the
end of the world and his Second Coming. Moreover, he expected these events to
come in the very near future. The article shows that the arguments of scholars are so
conclusive that the incompatibility of the gospel testimonies with the Chalcedonian
definition can be considered a well-established fact. These results of New Testament
studies fundamentally change the situation in modern Christian theology: a
literal understanding of the Chalcedonian formula became now not only difficult,
but impossible. However, the Chalcedonian definition is only one possible way to
describe the unity of the divine and the human in Christ. Alternative ways are not
only theoretically possible, but have already been proposed and actually exist in
Christian theology. The final section of the article briefly describes three such ways
proposed by Karl Barth, Albert Schweitzer, and Paul Tillich