scholarly journals To the problem of legal regulation of agricultural land turnover in the Russian Federation

2020 ◽  
Vol 176 ◽  
pp. 06005
Author(s):  
Irina P. Chupina ◽  
Natalia N. Simachkova ◽  
Oksana S. Trotsenko
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Life Support ◽  
Legal Regulation ◽  
Point Of View ◽  
Natural Fertility ◽  
Legal Regime ◽  
Land Relations ◽  
Legitimate Interests ◽  
The Russian Federation

The authors comprehensively investigated theoretical and practical problems of legal regulation of agricultural land turnover in the Russian Federation. They analyzed the jurisprudence in the field of agricultural land turnover, examined the legal regime of agricultural land in the Russian Federation, investigated the peculiarities of land plots turnover from agricultural lands, identified a number of significant problems in the legislation in the field of legal regulation of agricultural purposes land turnover. It is difficult to overestimate the importance of land, which is a nonrecoverable natural resource. From this point of view, agricultural land has a unique unrepeatable natural fertility capacity that determines the possibility of producing life support products, being an essential component of the environmental system. In the annual Address to the Federal Assembly of the President of Russia in 2019, V.V. Putin, specifying the main directions of strategic development of the country, noted the high importance of the land legislation development. The peculiarities of the agricultural land plots turnover are due to the public nature of land relations regulation. For this category of land, a special legal regime is established for food security purposes of Russia, which leads to the prevention of removing these lands from agricultural circulation, as well as building development. According to articles 9, 36 of the Constitution of the Russian Federation, “land and other natural resources are used and protected in the Russian Federation as the basis for the lives and activities of peoples living on the the relevant territory” and the exercise of authority by land owners is limited to conditions for potentially damaging the environment and violation of rights and legitimate interests of other persons.

scholarly journals On the concept and characteristics of a multi-boundary agricultural land plot

2020 ◽  
pp. 42-47
Author(s):  
Nikolai Nikolaevich Mel'nikov
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Border Crossing ◽  
Controversial Issues ◽  
Legal Regime ◽  
Land Plot ◽  
Land Relations ◽  
The Russian Federation ◽  
Economic Need ◽  
Land Code

Special attention is paid to the concept, characteristics and specificity of multi-boundary agricultural land plots. In law enforcement practice, a multi-boundary land plot is an object of land relations, while the regulatory framework of the Russian Federation is characterized by significant gaps in regulating the regime of this plot. In particular, the Land code of the Russian Federation and other provisions of current legislation do not contain rules on the concept of a multi-boundary plot, the procedure for its formation and the legal regime. Features of the regime of multi-boundary agricultural land plots are also characterized by incomplete legal regulation.The problem of permissibility of border crossing of multi-boundary land plots and populated areas and (or) municipal formations is also characterized by lacunae which may lead to the placement of parts of a multi-boundary plot within various categories of lands. The article analyzes a number of controversial issues, including the multi-boundary plot as an object of rights and the economic need for the formation of such land plots in the absence of legally established criteria. In practice, there are examples of identifying a part of a multi-boundary plot with an ordinary land plot, which makes it difficult to distinguish these objects. In the author’s opinion, the question of multi-boundary land plots formation reasonability and the necessity to change and amend the Land Code of Russia with the corresponding provisions, is a topical question. The author arrives at the conclusion that it should not be acceptable if parts of multi-boundary agricultural lands come under various categories of lands.   

Иcпοлнение требοваний в οтнοшении казны РФ: гражданcкο-правοвοй режим и прοблемные аcпекты

2017 ◽  
Vol 70 (0) ◽  
pp. 103-110
Author(s):  
Iwan Korolew
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Regime ◽  
The Face ◽  
Legitimate Interests ◽  
General Scientific ◽  
The Russian Federation ◽  
Compensation For Damage

Introduction: The article deals with civil runtime requirements for the Treasurу of the Russian Federation for the unlawful actions of preliminarу investigation, prosecution and trial. Objective: To analуze the institution of protection of rights and legitimate interests of citizens and organizations in the course of the investigation, consideration and resolution of cases in the judicial and administrative authorities, as well as the Institute for compensation for damage caused bу bodies of inquirу, preliminarу investigation, the police, prosecutors and courts in the implementation of state and municipal functions. Methods: When writing this article the author used the following methods: general scientific dialectical analуsis and sуnthesis, induction and deduction, abstraction and concretization, formal logic, comparative legal, sуstem, technical and legal. Results: The author analуzes the legal regulation and the procedure for compensation for damage caused bу unlawful actions (inaction) of inquest, preliminarу investigation, prosecution and trial. Particular attention is given to a subject that meets the relevant requirements, and which is obliged to compensate the damage. It is noted that the use of recourse liabilitу to the official who committed offenses in the performance of public functions bу or on behalf of the Russian Federation does not exclude the possibilitу of bringing him to disciplinarу, administrative, criminal and other forms of legal liabilitу, the combination of which should be directed to the full satisfaction of both public interest and the interests of the victim. For the recoverу of funds bу the Treasurу of the Russian Federation on behalf of the Ministrу of Finance should act in the face of the Russian Federation Main Department of the Federal Treasurу. Execution of judicial decisions at the expense of the appropriations provided for this purpose the law (decision) on the budget. Conclusion: civil legal regime of propertу claims against the Treasurу of the Russian Federation, a subject of the Russian Federation, the municipalitу is interdisciplinarу and consists of (1) a public law regime mediated bу the rules of budgetarу law (Articles 158, 242.2 BC Code) and legislation on enforcement proceedings, and (2) the civil law (Articles 125, 170, 1071 of the Civil Code). The latter is expressed in a civil law features a set of reimbursement (compensation) of the harm caused to public legal education.

Experimental legislation: some conceptual approaches to explanation

2021 ◽  
Vol 23 (2) ◽  
pp. 16-23
Author(s):  
MIKHAIL DEGTYAREV ◽  
Keyword(s):  
Species Diversity ◽  
Russian Federation ◽  
Experimental Approach ◽  
Thought Experiment ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Regime ◽  
The Russian Federation ◽  
Goals And Objectives ◽  
Law Making

In connection with the adoption of the Federal Law of July 31, 2020 No. 258-FZ “On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation” and of the Federal Law of July 31, 2020 No. 247-FZ “On Mandatory Requirements in the Russian Federation” (Article 13 “Experimental legal regime”) the topic of experimental legislation was updated. The article is devoted to the application of the experimental approach in legal regulation. The author reveals the essence of the concept of experimental legislation, explains the goals and objectives of using the appropriate technologies. The author notes that although in a broad sense it can be said that the adoption of any new law is in itself an experiment, there are still significant differences within the experimental law. The author sets out the essential features of a legislative experiment. The article examines the reasons for the need and prerequisites for the rationality of the use of experimental legislation. The author shows the nature of legislative experimentation and the merits of this toolkit. The author shows the areas of relevant application of the method of experimental legislation. The species diversity of methods of experimental regulatory regulation is indicated. The article compares the method of practical experimental legislation and the method of thought experiment in norm-writing and law- making activities. The article compares the method of practical experimental legislation and the method of digital duplicate-models of legislative acts. The author substantiates the existence of limits of applicability of the method of experimental legislation and demonstrates selected technologies of experimental legislation. In conclusion, the author turns to the complex and controversial problems of using the method of experimental legislation.

scholarly journals The Legal Fundamentals for the Prevention of Capital Outflow from the Russian Federation

Legal Concept ◽  
2019 ◽  
pp. 84-89
Author(s):  
Elena Ryabova ◽  
Alina Nikolaeva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Academic Community ◽  
Point Of View ◽  
Capital Outflow ◽  
Tax Legislation ◽  
Domestic Capital ◽  
The Russian Federation ◽  
Characteristic Features ◽  
Fundamental Categories

Introduction: the identification and analysis of the causes and factors, including the gaps in the legislation, generating an increase in the capital outflow, as well as the improvement of the currency, investment and tax legislation are relevant and important issues. Purpose: to study the problems of the legal regulation to prevent the outflow of capital from the Russian Federation. Methods: the fundamental categories and principles of materialistic dialectics, the generally accepted methods of comparative law became the methodological framework for solving the tasks. As part of the study of the legal foundation to prevent the outflow of domestic capital abroad, the authors also used the methods of analysis and synthesis, functional and systematic approaches, and the formal legal and statistical methods. Results: grounded in the paper the author’s point of view is based on the study of the international conventions, treaties and agreements to which Russia is a party, and the domestic legal acts regulating relations in the field of preventing the outflow of domestic capital abroad, as well as the opinion of the competent academic community. Conclusions: the study identified the characteristic features of the process of capital outflow from Russia and developed a list of recommendations aimed at improving the measures of the state legal regulation in the field of combating the outflow of capital abroad.

SECURING EVIDENCE IN CIVIL PROCEDURE: DEVELOPMENT OF THEORY, LEGISLATIVE AND PRACTICE

2021 ◽  
Vol 11 (5) ◽  
pp. 159-190
Author(s):  
E.I. NOSYREVA ◽  
D.G. FILCHENKO
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Point Of View ◽  
Theoretical Concepts ◽  
Civil Process ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Russian Federation ◽  
Assessment Of Evidence

The article presents an analysis of the institution of securing evidence in the civil process from the point of view of the development of its legal regulation, doctrine and practice. The teaching of professor M.K. Treushnikov on the evidence is taken as a basis. Through the prism of his ideas, theoretical concepts of securing evidence are revealed, from prerevolutionary works to modern research; the sequence of the formation of norms on the securing evidence on the example of procedural codes of various periods; trends in the law practice of securing evidence. The correlation of the securing evidence with the elements of the judicial proof is revealed. It is substantiated that the securing evidence includes such elements of the structure of judicial proof as: indication of facts, indication of evidence and preliminary assessment. The end result of the procedural action to secure evidence is the possibility of implementing all subsequent elements – presentation, disclosure, investigation and final assessment of evidence. Conclusions are formulated on the results of the development of the institution of securing evidence, which from rather brief and obvious provisions of procedural legislation, a few practice has turned into an actual procedural activity. Its demand is predicted to grow in the context of digitalization of information, as well as due to the possibility of using it in the framework of arbitration. At the same time, an increase in the number of cases of unfounded appeal of interested parties to actions to secure evidence is noted. The authors support a critical assessment of the rule of the Arbitration Procedure Code of the Russian Federation that the securing evidence is carried out by the arbitration court according to the rules for securing a claim, and a proposal for a unified regulation of this institution in accordance with the rules of the Civil Procedure Code of the Russian Federation.

FUNDAMENTALS OF THE THEORY OF PRE-CONTRACTUAL LIABILITY

2021 ◽  
pp. 148-161
Author(s):  
Alesya V. Demkina ◽  
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Negotiation Process ◽  
Point Of View ◽  
Good Faith ◽  
The Other ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Special Rules

The article deals with the relatively new rules of Art. 434.1 the Civil Code of the Russian Federation on the conduct of negotiations. Taking into account the current wording of the said rule and the experience of foreign legislation on pre-contractual liability, the article argues for different theories justifying the nature of pre-contractual legal relations and liability and gives different positions of the authors on this issue. Proceeding from the doctrinal concept of obligation and characteristics of pre-contractual relations themselves the conclusion is made that these relations, firstly, are regulated by law and, secondly, they are not simply a legal relation but an obligation. It is based on certain actions of the negotiating partners that give rise to such an obliga-tion. As such, any action that is sufficiently certain (in some cases it may be required by law) and expresses the intention of the person to regard himself as negotiating with the addressee, who will in return perform the same sufficiently certain action, can be regarded as such. The specified characteristics of an action allow us to conclude that, from the point of view of classification of legal facts, this action is an act (because it is performed with a certain in-tention evident to other participants of civil turnover) and, moreover, it is also a transaction. Special rules of the Civil Code of the Russian Federation stipulate that the actions performed to enter into negotiations (for example, if the conclusion of a contract is binding on one party) or the actions of both partners entail legal consequences - the obligation to negotiate in good faith. The analysis of these legal relationships identifies three stages in their development, charac-terises them and attempts to answer more precisely the question of who can be a participant in the negotiation process depending on the stage of the negotiation process. The subject matter of an obligation arising during pre-contractual contacts will be actions aimed at negotiating and concluding a contract. The content of the obligation arising in the course of pre-contractual contacts, based on Art. 434.1 of the Civil Code will be the obligation to negotiate in good faith (paragraph 2 of the above rule). Assuming that the legislator provides an indicative list of actions that should fall within the scope of bad faith conduct, an indicative list of the "standard" of good faith conduct at the negotiation stage is given. This includes the obligation to provide full and truthful information to a party, including the reporting of circumstances that, due to the nature of the contract, must be brought to the attention of the other party (e.g. in a sale, all encumbrances on the subject of the contract must be reported). In addition, persons are obliged to negotiate only if they intend to conclude a contract, not to terminate negotiations suddenly and unjustifiably, and to take into account the rights and legitimate interests of the other party to the negotiation. The obligation under this obligation may also include a requirement not to disclose infor-mation obtained during the negotiation of the contract.

Administrative Legal Regime in the Arctic Area

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Владимир Кузнецов ◽  
Vladimir Kuznetsov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
The Arctic ◽  
Arctic Zone ◽  
Legal Regime ◽  
Management Procedure ◽  
The Russian Federation ◽  
Northern Territories ◽  
Arctic Area

The development of the Russian Northern territories is not only a domestic problem of this country, but also a global one. The Polar region, which is also called the Arctic area, attracts many and requires concentration of all forces on the solution of the problem of its development in the economic, social, military and strategic dimensions. In proportion to these circumstances, the role of legal aspects in the developing and emerging social relations also increases. Legal regulation for these parts of the Russian Northern territories and adjacent waters of the Arctic Ocean, constituting the Arctic zone of the Russian Federation, requires certain uniformity. This can be achieved by improving public administration over the Arctic zone of the Russian Federation, legislative recognition of its special status and the establishment of special regimes for natural resources, environmental protection, regulation of navigation along the seaways of the Northern sea route. It involves the formation of a special management procedure, i.e. the formation of a special administrative-legal regime. This is a complex task that requires scientific understanding of the problems that have a significant impact on the formation of the administrative legal regime in the Arctic zone of the Russian Federation.

scholarly journals Argumentation in Favor of the Legal Confirmation of the Principle of Good-Faith Discharge of Tax Obligations

Taxes ◽  
2021 ◽  
Vol 1 ◽  
pp. 7-12
Author(s):  
Maryana B. Napso ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Point Of View ◽  
Good Faith ◽  
Legal Definition ◽  
Direct Dependence ◽  
Complex Approach ◽  
The Russian Federation ◽  
Definition Of

Throughout studying of a problematics of conscientiousness in article the question of legislative fastening of a category of conscientiousness from the point of view of various approaches is considered. Considering the complex approach necessary in questions of legal definition of the maintenance of this or that category, the author insists on introduction of concepts of conscientiousness, the diligent tax bearer, a presumption of conscientiousness not only and it is not so much within the limits of separate norms and articles, how many on necessity of reduction of maintenance НК the Russian Federation according to them. The legal regulation in such context when conscientiousness is a letter and spirit of the law, demands revision of set of its positions, concerning legal status of tax bearers, tax departments, tax agents, banks, a legal regulation of actions of tax control and consideration of their results, the tax information etc. Hence, for the author it is a question of giving to legal regulation of a certain orientation, a formulation new концепта, according to which: 1) the diligent person always has advantage before unfair, and the more so before the defaulter; 2) the diligent person cannot be put in the worst position, than unfair; 3) granting of tax privileges demands a recognition of the person the diligent; 4) application of special tax modes is put in direct dependence on a recognition of the person by the diligent. Thus, in a basis of legal regulation of a principle of conscientiousness the author puts the approach based on a recognition of a difference of legal status of persons depending on execution by them of a duty on payment of taxes that, in its opinion, to the greatest degree corresponds to taxation major principles — compulsions, generality, equality and justice.

scholarly journals INSTITUTION OF PUBLIC LAND SERVITUDE IN THE CONTEXT OF THE THEORY OF REFLECTIVE ACTION OF LAW

2020 ◽  
pp. 208-212
Author(s):  
Artem Yu. Mokhov ◽  
Semyon P. Malyshkin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Land Policy ◽  
Public Land ◽  
Land Plot ◽  
Land Relations ◽  
Private And Public ◽  
The Russian Federation ◽  
The Right

The main provisions of the theory of reflective action of law are considered in the article. The manifestation of law reflexes in modern legal regulation is analysed on the example of land relations. Land, as the basis of life and activity of peoples who live in the territory of the Russian Federation, acts not only as an economic good and a natural resource, but also as the object of a number of property and personal non-property relations connected with them. The institution of public land easement is considered by the authors to be a reflex of law, that is, the restriction of the subjective right of a particular owner of a land plot in the interests of society, the state. The issue of the limitation of the right of land private ownership is raised on the basis of an analysis of legislation and judicial practice. The problem of the limits of the action of public easements simultaneously aimed not only at the normal exercise of all property rights by the land plot owner, but also at preserving the favourable state of the environment, at ensuring the subjective rights of other participants in land legal relations, at the implementation of a single land policy of the state indicated in the context of the development of land legislation of the Russian Federation. The conclusion, that the use of the right reflex construction has a beneficial effect on strengthening legal certainty in the face of imbalances in private and public interests in land law, is made.

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