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Обычная версия сайта
28
Июнь

Law

2019/2020
Учебный год
ENG
Обучение ведется на английском языке
4
Кредиты
Статус:
Курс по выбору
Когда читается:
1-й курс, 2, 3 модуль

Преподаватель

Course Syllabus

Abstract

The course aims at comprehensive study of the fundamentals of jurisprudence, specifically the basic legal notions and institutions that are of special importance in the business field and management. The goal of the course is also to form ideas on interactions between particular elements of the legal and economic systems of the Russian Federation and other jurisdictions, both at the macro-level (governmental policy and regulation) and micro-level (corporate and entrepreneurial issues). Moreover, the purpose of the course is to develop professional skills necessary for practical activities, such as correct and relevant application of the legal acts, comprehensive legal analysis of institutions and cases arising on a managerial scale.
Learning Objectives

Learning Objectives

  • comprehensive study of the fundamentals of jurisprudence, specifically the basic legal notions and institutions that are of special importance in the business field and management
  • to form ideas on interactions between particular elements of the legal and economic systems of the Russian Federation and other jurisdictions, both at the macro-level (governmental policy and regulation) and micro-level (corporate and entrepreneurial issues)
  • to develop professional skills necessary for practical activities, such as correct and relevant application of the legal acts, comprehensive legal analysis of institutions and cases arising on a managerial scale
Expected Learning Outcomes

Expected Learning Outcomes

  • Student should be able tu use basic legal terminology
  • Student ought to know main features of public international law
  • Student ought to be able to evaluate the effectiveness of administrative and judicial decisions
  • Stedent must be able to select, analyze and use regulatory legal acts in solving business problems
  • Students ought to be able to use the course terminology when discussing theoretical and practical issues
  • The student ought to be able to evaluate the effectiveness of administrative and judicial decisions
  • Student ought to be able to explain them and give examples of similar cases in actual business practice
  • Student ought to know main features of the legal regulation of business activity
  • Students ought to be able to use the course terminology when discussing theoretical and practical issues
  • Students ought to know specific legal aspects of certain types of contracts and obligations used in corporate practices
  • The students ought to be able to use the course terminology when discussing theoretical and practical issues
Course Contents

Course Contents

  • Topic 1. Basics of Legal History & Theory.
    Historical evolution of the legal systems. Roman law. Principal division into private and public law. State, society and law. Statehood: nature and elements. The notion of Natural and Positive Law. Subjects and objects of law. Rule of law. System of law. Branches of law. Branches of public law: a brief description. Branches of private law: a brief description. The subject and method of legal regulation. The disadvantages of the “branch” approach. Legal relations, their elements and structure. Legal facts. Offenses and legal liability. Law, economics and management: interrelations and impact. Economic policy of a state, legal regulation and boundaries. Economic, managerial categories and institutions and their legal consolidation. Economic analysis of law.
  • Topic 2. Basics of Public International law.
    State agents, intergovernmental organizations and non-state actors. International treaties and custom. Collective security
  • Topic 3. Basics of Constitutional Law and Human Rights
    Legal status of a person and citizen. Concept of human rights. International standards and institutions for the protection of human rights. The structure and competence of the European Court of Human Rights, procedural aspects. Constitutional rights and freedoms in Russia. Respect and protection of human rights as a joint jurisdiction of the Russian Federation and its entities. The concept and principles of citizenship. Ways of acquiring citizenship. Constitutional foundations of the status of foreign citizens and stateless persons in the Russian Federation. Constitutional framework for granting political asylum, temporary asylum; refugees and internally displaced people. The Constitution of the Russian Federation as the basic legal act of the country. The interrelation of the Constitution and other legal acts. The concept and principles of the constitutional order. Rule of law and its implementation. The constitutional foundations of the economic system of the Russian Federation. Russia is a social state. Constitutional stipulation of the principles of political pluralism and multiparty system. The Russian Federation as a secular state. Legal support of the freedom of conscience. Division of jurisdictions and powers between the federal authorities of the Russian Federation and the state authorities of the subjects. Judicial system of the Russian Federation, justice in the Russian Federation: concept and constitutional principles.
  • Topic 4. Sources of Law. Legislative System. Law enforcement. Judicial System
    Sources of law. The concept of legislation. Normative legal acts. Legislation of the Russian Federation and its regions. The division of jurisdictions and powers between the Russian Federation and its regions under Art.71,72,74 of the Constitution of the Russian Federation. Local (corporate) rulemaking. Inconsistency of legislation. System of law enforcement organs. Legality and validity of administrative decisions. The role of judicial practice in modern Russia. The Constitutional Court of the RF as a subject of lawmaking. The application and interpretation of legal norms. Implementation of statutory acts. Law and legislation as a toolkit for a professional manager. The judicial system of the Russian Federation. Courts of general jurisdiction. Arbitration courts. Types of legal proceedings. Constitutional status of judges. The principle of independence of courts and judges
  • Topic 5. Basics of Civil Law. Principles of Private Law
    Concept, subject, method of Civil law. General principles of Private law. System of Civil law. Place of Civil law in the regulation of market economy relations. Civil legislation. The most important characteristics of the Civil Code of the Russian Federation. Novels of the Civil Code of the Russian Federation, their main characteristics. General characteristics of the subjects and objects of Civil law. Consumer rights Protection. Entrepreneurs’ rights in rem. Property. Securities. Intangible assets, intellectual property. Real estate, its legal status. The legal status of land under Russian law. Registration of property rights. Ownership and other rights in rem. Three titles of the owner: possession, use and disposal of property. Grounds for the acquisition and loss/deprivation of property. Servitudes. Rent as temporary possession and utilization of property. Trust administration of property. Circulability of property. Divisibility of property. Income and profit (economic and legal characteristics). Enterprise as a property complex. Property assigned to corporate branches and representative offices.
  • Topic 6. Legal Status of Commercial Entities & Self-employed Entrepreneurs
    The complex nature of the regulation of business relations. Special legal institutions and categories used while establishing business relations. Civil law regulation of business relations. Public law and institutions in the regulation of business relations. Self-employed Entrepreneurs. Legal entities: the concept and general characteristics. Branches and representative offices. Organizational forms of legal entities. Commercial and non-profit organizations. Foundation, state registration, reorganization, liquidation of legal entities. Legal aspects of mergers and acquisitions of companies. Competition of jurisdictions in the context of globalization. Multi-level companies. Group of companies. Features of the legal status of small businesses. Economic and legal characteristics of the institution of bankruptcy. Commercial organizations. The concept and types of commercial organizations. Business partnerships and corporations: general and special. Corporation as a commercial organization. Corporate structures in the modern world. Closed and open corporations. Corporations and corporate relations. The legal and economic nature of corporations. The most common organizational forms of commercial corporations under the Russian law: LLC, PJSC and Non-public JSC, their main features and legal status. Constituent capital. Shares and other corporate securities. The concept of corporate control. Legal aspects of corporate governance. Management of the company: general assembly of shareholders (participants), the board of directors, the managing executive committee and the sole executive body (general director). Subsidiaries and affiliates. Holdings, financial and industrial groups. On the nature of the legal status of non-profit organizations. Types of non-profit organizations.
  • Topic 7. Transactions and Contracts
    Concept of an obligation. Contractual and non-contractual obligations. Parties to an obligation: the debtor and the creditor. Performance of obligations. Replacement of parties to an obligation. Debt transfer and cession. Ways of ensuring obligations’ performance. Main features of civil liability. Responsibility for failure to perform or improper performance of contractual obligations. Recovery of damages in respect of direct actual damage. Commercial and other types of contracts applicable for management and business activities. Concept of a transaction. “Transaction” as an economic category. Legal concept of a transaction. Transaction and contract. Requirements for validation of transactions. Forms of transactions. Valid and void transactions. Null and void transactions, legal consequences of invalid transactions. Void parts of a transaction. The basic legal notion “contract”. Role and value of contracts in business practice. Main elements of a contract. Types of contracts. The approximate structure of the contract. Conclusion, amendment and cancellation of a contract.
  • Topic 8. Basics of Labor Law
    Labor relations in a corporation. Parties of labor relations. Recruitment and dismissal of personnel. Schedule of positions and salaries. Employment duties. Employment agreement (contract) and civil law contract. Employment order and employment agreement. The concept of an employment agreement. Parties to an employment agreement. The content and duration of an employment agreement. Types of employment agreements. Part-time jobs. Conclusion of employment agreements. Required documents. Protection of employees’ personal data. Cancellation of an employment agreement. Grounds for cancellation. Labor discipline. Employees’ and employer’s legal liability. Personnel outsourcing: economic content and legal regulation. Management’s organizational and legal status: general legal provisions. Legal status of a chief executive officer. Special aspects of recruitment and dismissal of a CEO.
  • Topic 9. The concept of intellectual property.
    Intangible assets, their role in the modern business world. Intangibles and intellectual capital. Intangible assets and their legal protection by Russian law. Types of intellectual property. Industrial property. Inventions, utility models, industrial designs. Means of individualization and “know-how” as the most important intellectual property for management and marketing purposes. The concept of "brand" and "means of individualization": similarities and differences. Concept of “commercial name”. The effect of the exclusive right to commercial name on the territory of the Russian Federation. The correlation between commercial name, commercial designation and trademark. Intellectual Property Rights on the Internet. Software rights product as an object of intellectual property.
  • Topic 10. Legal responsibility for economic offences. Basics of Administrative and Criminal Law
    Public governmental restrictions on business activities. Basics of administrative and criminal law. The concept of governmental control and restrictions. Licensing of individual types of activities. Antitrust laws. General characteristics of the main institutions of administrative law. Brief characteristic of criminal law. Administrative and criminal liability of entrepreneurs
  • Topic 11. Tax law. Definition of tax and levy
    The concept, nature and functions of taxation. The notion of tax. Taxes and budget systems. Principles of taxation. Macroeconomic model of taxation burden distribution. Effective tax rates. Classification of taxes. Federal taxes, regional taxes, local taxes. Legislation on taxes and fees. Tax Code of the Russian Federation, its structure and content. The role of judicial practice. Subjects of tax relations, their rights and obligations. Taxpayers, tax agents, tax authorities. Elements of taxation. Objects of taxation. Subjects of taxation. Tax rate. Basis period. The concept and necessity of tax accounting. Accounting, tax and management accounting. Tax reporting. Fulfillment of duties to pay taxes and fees. Demand. Write-off of funds from the account. Arrears on tax. Forms of tax control. Tax return. Tax checks. Separate types of taxes: VAT, income tax. Special tax regimes. The problem of optimizing tax payments.
Assessment Elements

Assessment Elements

  • non-blocking Homework 1
    Each student accomplishes homework assignment independently in extracurricular time and sends/hands in the results for assessment on terms specifically established by the lecturer. Homework implies resolution of two (2) practical cases and requires demonstration of theoretical knowledge, competent law enforcement skills, and analysis of judicial practice.
  • non-blocking Homework 2
    Each student accomplishes homework assignment independently in extracurricular time and sends/hands in the results for assessment on terms specifically established by the lecturer. Homework implies resolution of two (2) practical cases and requires demonstration of theoretical knowledge, competent law enforcement skills, and analysis of judicial practice.
  • non-blocking Test 1
  • non-blocking Test 2
  • non-blocking In-class Participation
Interim Assessment

Interim Assessment

  • Interim assessment (3 module)
    0.2 * Homework 1 + 0.2 * Homework 2 + 0.2 * In-class Participation + 0.2 * Test 1 + 0.2 * Test 2
Bibliography

Bibliography

Recommended Core Bibliography

  • Gerber, D. J. (2010). Global Competition : Law, Markets, and Globalization. Oxford: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=467462
  • Introduction to law. (2017). Springer. https://doi.org/10.1007/978-3-319-57252-9

Recommended Additional Bibliography

  • Finnis, J. (2011). Natural Law and Natural Rights (Vol. 2nd ed). Oxford: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=405960