Право

2020/2021

Учебный год

RUS

Обучение ведется на русском языке

3

Кредиты

Кто читает:

Кафедра теории и истории права и государства (Санкт-Петербург) (Юридический факультет (Санкт-Петербург))

Статус:

Курс обязательный

Когда читается:

4-й курс, 1 модуль

Программа дисциплины

Аннотация

The course aims at comprehensive study of the fundamentals of jurisprudence, as well as 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 about the basic interactions between particular elements of the legal and economic systems of the Russian Federation, both at the macro-level (level of government policy and state regulation) and at the micro-level (level of a corporation). In addition, the purpose of the course is to develop students' skills necessary for practical activities, such as relevant application of legal acts, comprehensive legal analysis of institutions, processes, cases arising on a managerial scale

Цель освоения дисциплины

• Know: basic issues, categories, institutions and subjects of study within main sections of the course; notions, procedures and institutions studied in the course, be able to explain them and give examples of similar cases in actual business practice; about the main features of the Russian model of state regulation of business activity; specific legal aspects of certain types of contracts and obligations used in corporate practices; legal characteristics of the corporate property; features inherent in business entities of various organizational forms (in terms of their economic nature and legal status)
• Be able to: use the course terminology when discussing theoretical issues; evaluate the effectiveness of administrative decisions; set goals and tasks related to the performance of professional functions; analyze situations and facts taking into account acquired skills and knowledge; analyze the content of legal acts and apply them for managerial tasks
• Have the following skills: adequate use of relevant theories and institutions; performance of administrative functions

Планируемые результаты обучения

• Able to use normative legal documents in the relevant field of activities
• Able to learn, acquire new knowledge and skills, including those in the areas different from professional
• Able to work with information: find, evaluate and use information from various sources needed to solve scientific and professional tasks (including system approach)
• Able to undertake research activities including problem analysis, goals and objectives setting, highlighting object of a research, choosing methods and techniques as well as assessing of their quality
• Able to set professional communication based on relevant goals and conditions
• Able to critically evaluate and rethink accumulated experience, reflex professional and social activities

Содержание учебной дисциплины

• Basics of Legal History & Theory. Natural and Positive Law. Legal System and Branches of Law
  The scope and structure of the course "Law". Law, economics and management: interrelations and impact. Economic policy of a state, its legal regulation and boundaries. Economic, managerial categories and institutions and their legal consolidation. Economic analysis of law. The complex nature of the course. State, society and law. The notions of Natural and Positive Law. Objective (positive) and subjective rights. 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. Adjective law. The disadvantages of the “branch” approach. Legal relations, their elements and structure. Legal facts. Offense and legal liability
• Sources of Law. Legislative System. Law enforcement. Judicial System
  Sources of law. The concept of legislation. Normative legal acts. The legislation of the Russian Federation and the legislation of the subjects of the Russian Federation. 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. 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. Legality and validity of the management decision. The judicial system of the Russian Federation. The main characteristics of the Codes of Criminal, Civil and Arbitration Procedure of the RF
• 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. Subjects of human rights protection. 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 is 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. Courts of general jurisdiction. Arbitration courts. Types of legal proceedings. Constitutional status of judges. The principle of independence of courts and judges
• Basics of Civil Law. Protection of Consumer Rights
  Concept, subject, method of Civil 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
• Legal Regulation of Entrepreneurship
  Entrepreneurial activity (entrepreneurship) as an economic and legal category. Legal regulation of various business activities. The complex nature of the regulation of business relations. Special legal institutions and categories used while establishing business relations. Horizontal and vertical regulation of business relations. Civil law institutions and norms in the regulation of business relations. Public law and institutions in the regulation of business relations. The norms of tax and administrative legislation, their importance for business relations. The main regulations governing relations in the field of entrepreneurship. Legal responsibility of entrepreneurs. Abuse of legal rights in the field of entrepreneurship
• Legal Status of Commercial Entities & Self-employed Entrepreneurs
  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. Correspondence between the organizational form of a legal entity and its business features. 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. Production cooperatives, state-owned enterprises. 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
• Legal Status of the Objects of Civil Rights
  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. Economic analysis of the rights in rem. Property as a legal category. 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. The legal regime of property of a separate business entity. 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
• Basics of Labor Law
  Labor relations in a corporation. Parties of labor relations. Documentation of labor relations. Recruitment and dismissal of personnel. Schedule of positions and salaries. Employment duties. Labor 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. The 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
• Transactions and contracts
  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. Commercial (economic) contracts. Main elements of a contract. Types of contracts. The approximate structure of the contract. Conclusion, amendment and cancellation of a contract. Concept of 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
• The concept of intellectual property. Legal regulation
  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
• Basics of Administrative, Tax and Criminal Law
  Public governmental restrictions on business activities. Basics of tax, administrative and criminal law. The concept of governmental control and restrictions. Licensing of individual types of activities. Antitrust laws. 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. General characteristics of the main institutions of administrative law. Brief characteristic of criminal law. Administrative and criminal liability of entrepreneurs

Элементы контроля

• The cumulative score
  The cumulative score on a 10-point scale is announced to students at the last lesson or no later than three days before the date of the exam. The cumulative grade is calculated as follows: O cumulative = 0.15 * O test1 + 0.15 * O test2 + 0.3 * O in-class + 0.1 * O homework1 + 0.1 * O homework 2 + 0.2 * paper Given a student gets the accumulated grade (O cumulative ) (before arithmetic rounding) equal to 8.0 points or higher, he or she should be exempt from passing the exam, and in the examination sheet the acquired score (equal to the accumulated) also becomes the final. Given a student gets the accumulated grade (before arithmetic rounding) 7.9 points or less, then he or she should pass an examination in the form of testing by means of the LMS system. Final Grade System: 10-8 – excellent; 7-6 good; 5-4 – satisfactory; 3-0 – unsatisfactory. Tests and final exam are evaluated by the following scale: score 10 equals 96 -100% task completion percentage; 9 - 88 - 95%; 8- 80 - 87%; 7 - 72-79%; 6 - 64 - 71%; 5 - 58-63%; 4 - 51-57%; 3 - 48-50%; 2 - 44-47%; 1 - 40-43%; 0 - 39% or less
• Exam
  Given a student gets the accumulated grade (before arithmetic rounding) 7.9 points or less, then he or she should pass an examination in the form of testing by means of the LMS system. Rounding off method for all grades - arithmetic. At the exam the student is not given the opportunity to get additional tasks in order to increase the cumulative assessment. Tests and final exam are evaluated by the following scale: score 10 equals 96 -100% task completion percentage; 9 - 88 - 95%; 8- 80 - 87%; 7 - 72-79%; 6 - 64 - 71%; 5 - 58-63%; 4 - 51-57%; 3 - 48-50%; 2 - 44-47%; 1 - 40-43%; 0 - 39% or less

Промежуточная аттестация

• Промежуточная аттестация (1 модуль)
  0.5 * Exam + 0.5 * The cumulative score

Список литературы

Рекомендуемая основная литература

• Introduction to law. (2017). Springer. https://doi.org/10.1007/978-3-319-57252-9

Рекомендуемая дополнительная литература

• 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
• 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