scholarly journals Revisiting the notion of “sustainable tourism” for legal regulation purposes in Russian Federation and Republic of Belarus

2020 ◽  
Vol 208 ◽  
pp. 06004
Author(s):  
Vitali Maksimeniuk ◽  
Roza Timakova

The article considers theoretical aspects of a most important contemporary issue, i.e. modern approaches to sustainable tourism. The study shows the main relationships of the phenomenon with sustainable economic and social development. The research results in identification of the essential characteristics (signs) of sustainable tourism, i.e. for the legal regulation purposes. The concept of “sustainable tourism” for deliberate influence of the state on public relations in tourism using special legal means and methods was defined. The conclusions may improve the current regulatory framework of the Russian Federation and the Republic of Belarus. Changes and additions to the national laws on tourism are suggested and justified. They relate to introduction of the definition of the concept of “sustainable tourism” and inclusion of the principle of sustainable tourism development.

Author(s):  
A. B. Byla

This article is devoted to the consideration of some issues related to the legal regulation of the main methods of public debt management in Russia in the context of the coronavirus pandemic. In the course of the study, the features of the external and internal debt of the Russian Federation are highlighted, various approaches to the definition of this category are considered, and some aspects of legal regulation in this area are analyzed. It is determined that the norms of financial law regulate a whole and diverse set of public relations related to the implementation of borrowing both in the domestic and foreign markets, and it is necessary to comprehensively regulate this institution. In conclusion, it is concluded that the coronavirus pandemic has greatly affected all aspects of financial activity, the state had to resort to additional borrowing on the domestic market to eliminate the consequences of the pandemic. Based on this, we need a well-thought-out strategy for the development of legislation in this area at all levels of the budget system of the Russian Federation. 


Author(s):  
A. B. Byla

This article is devoted to the consideration of issues related to the legal regulation of cryptocurrencies in the Russian Federation and some foreign countries. In the course of the study, the features of cryptocurrencies were highlighted, various approaches to the definition of this category were considered, some aspects of the legal regulation of digital currencies were analyzed. It has been determined that the rules of financial law regulate a whole range of public relations related to the use of cryptocurrencies and the complex regulation of this institution is necessary. The author came to the conclusion that it is necessary to use digital technologies and digital currencies in the Russian economy in the future. At the same time, this is a complex and not an instantaneous process of transition to digital currencies; a clearly thought-out strategy for the development of legislation in this area is necessary.


Author(s):  
Василий Некрасов ◽  
Vasiliy Nekrasov

The article analyzes the issues of differentiation of responsibility and norm design technique on inchoate crime in the criminal legislation of the Republic of Belarus. The author examines the legislative definition of preparation for a crime, attempted crime and voluntary renunciation of criminal purpose. As a result of the study the author has found out the main methods and means of legislative technique, used by the Belarusian legislator. These are abstract and casuistic methods, the terminology of the criminal law and several others. Comparison of legal regulation of norms on unfinished crime in the Criminal code of the Republic of Belarus and the Criminal code of the Russian Federation has allowed to identify gaps made by the legislators of both countries in application of specific tools and techniques of legislative drafting. Court practice of the Republic of Belarus in cases of preparation for a crime and attempted crime also was analyzed in present article. The author has evidentiated the means of differentiation of the responsibility for committing inchoate crime, used by the Belarusian legislator. The definitions “inchoate crime” and “stage of the crime” were also analyzed in present study. As a conclusion the author has made the recommendations for improving the criminal legislation of the Russian Federation and the Republic of Belarus on regulation of criminal responsibility for an inchoate crime.


THE BULLETIN ◽  
2020 ◽  
Vol 6 (388) ◽  
pp. 240-248
Author(s):  
Chebotareva I.A., ◽  
◽  
◽  
◽  

This article provides the first legal justification for the thesis that involvement of regional authorities in development of the tourism industry is an international obligation of the Russian Federation in the field of sustainable tourism development. The key to its effective implementation should be a differentiated legal regulation of the powers of state bodies at various levels. In the study of the powers of the Russian Federation and its subjects in the field of sustainable tourism development, analysis and synthesis methods were used, as well as a combination of comparative and formal legal methods. The study revealed legislative separation of competencies and powers between the Russian Federation and its entities in the tourism sector does not fully comply with international obligations of the state. The concentration of “tourist” powers in the hands of the federal authorities will not allow achieving the Sustainable Development Goals in the tourism sector of the economy, and also significantly reduces effectiveness of state tourism policy.


2020 ◽  
Vol 4 ◽  
pp. 82-93
Author(s):  
Y. O. Kuchina ◽  

The interest in digital development and the specifics of its legal regulation does not practically affect the problems of applying the provisions of Chapter 28 of the Criminal Code of the Russian Federation and the qualifications of acts falling under the definition of «cybercrimes against property» and Art. 272 and Art. 273 in particular. Analyzing a judicial decision, the author on a practical example reveals the main qualification problems that currently exist in the judicial practice. The author states that the outdated and overly detailed definition «computer information» which is given in the note to Art. 272 of the Criminal Code, leads to the fact that the rules of law, in which this term is included, are applied erroneously. Considering how the perception of the meaning of dispositions of Art. 272, 273 and 159.6 of the Criminal Code of the Russian Federation, in cases of committing a crime in a virtual dimension, the author reveals the interdependence of the technical component of the subject of the crime and the place of its commission with the legal regulation of protected public relations and their external perception by the law enforcer. The article offers recommendations on the maximum elimination of possible errors in qualifications and shows on specific examples which particular signs and elements in the mechanism of a specific act affect the formation of erroneous law enforcement practice.


2020 ◽  
Vol 15 (8) ◽  
pp. 118-125
Author(s):  
N. N. Karpov

The paper analyses and qualifies the concept of "trading network" contained in the Federal Law of 28.12.2009 No. 381-FZ "On the basics of state regulation of trading activities in the Russian Federation" and studies the qualifying features of retail chains. The author considers these features in the context of establishment of antitrust restrictions, taking into account the industry specifics. Based on the results of the analysis of the regulatory framework, theoretical research and judicial practice, the author identifies the problems of law enforcement associated with the definition of the concept, and formulates proposals for improving legislation that can be used by the legislator in order to improve the definition of this concept. The paper analyzes the experience of legal regulation of the retailers’ activities in the Russian Federation, the Republic of Kazakhstan and the Republic of Belarus.


2020 ◽  
Vol 15 (11) ◽  
pp. 122-132
Author(s):  
R. V. Tkachenko

The paper is devoted to the consideration of issues related to the legal regulation of the system of methods of distribution and redistribution of a part of the national product between different budgets of the RF budget—budgetary regulation in the Russian Federation. The author focuses on the peculiarities and features of the financial and legal category “budgetary regulation”, examines various approaches to the definition of this concept, studies the key principles of budgetary law, on which the system of methods of budgetary regulation is based, shows the significance that budgetary regulation acquires in the modern society. It is determined that the rules of financial law regulate a whole set of public relations related to public financial activity in the area, including the system of primary and secondary legal measures aimed at ensuring the balance and autonomy of budgets of the budget system of the Russian Federation. The author concludes that in modern conditions the budgetary regulation in the Russian Federation is aimed not only at distribution and redistribution of income, but also at optimization and restructuring of expenditure obligations of public legal entities.


2019 ◽  
Vol 13 (3) ◽  
pp. 312-317
Author(s):  
V. S. Shabal ◽  

The article analyzes the problems in the direction of sentenced to arrest in the Republic of Belarus to the place of punishment. Based on the study of penal legislation it is concluded that there is no normative regulation of the issues of sending convicts to lockup houses, the concept of evading serving a sentence of arrest as well as the procedure and conditions for criminal prosecution under Art. 414 of the Criminal Code of the Republic of Belarus. This causes problems associated with the violation of the principle of the inevitability of criminal liability and the practice of applying this type of punishment, entailing among other things the growth of recidivism up to grave and especially grave crimes, encroaching on human life and health. Based on a comparative analysis of the legislation of the Republic of Belarus and the Russian Federation, which regulates the execution and serving of punishment in the form of arrest, the similarity of legal regulation of these public relations and problems in the law enforcement practice of both countries is noted. The conclusion is drawn about the need to amend the Penal Code of the Republic of Belarus in order to eliminate conflicts related to the execution of the sentence of arrest as well as conduct a comprehensive study of the execution of the sentence of arrest in the Russian Federation.


Author(s):  
Сергей Иванович Вележев ◽  
Антон Михайлович Седогин

В статье рассмотрены актуальные вопросы уголовно-правовой охраны нефтяной отрасли Российской Федерации от преступных посягательств корыстной направленности. Иллюстрирован существенный ущерб, причиняемый преступными группами охраняемым общественным отношениям на национальном и международном уровнях. Проведен статистический и сравнительно-правовой анализ наиболее эффективных норм законодательства России и Казахстана, применяемых в ходе борьбы с подобной противоправной деятельностью. Предложено направление дальнейшего совершенствования российского уголовного закона. Нефтяная промышленность является одной из ведущих отраслей Российской Федерации, структурными сегментами которой являются в том числе объекты добычи, хранения, переработки и транспортировки нефти, а также объекты транспортировки, хранения и сбыта нефтепродуктов. Данные обстоятельства требуют принятия мер по ее защите от противоправных действий по хищению нефти и нефтепродуктов. Наряду с охранными, режимными и организационными мерами, которые осуществляют хозяйствующие субъекты, немаловажное значение имеет защита отрасли от преступных посягательств уголовно-правовым способом. В статье указывается необходимость совершенствования законодательства по обеспечению безопасности деятельности нефтяной отрасли, учитывая ее значение для экономики страны. Отмечается, что положительные результаты в поиске возможных путей совершенствования законодательства дает применение сравнительно-правового анализа уголовных норм СНГ по борьбе с преступностью в этой сфере деятельности. The article examines current issues of the criminal law protection of the oil industry of the Russian Federation from criminal attacks for mercenary reasons. The considerable damage caused by criminal groups to protected public relations at the national and international levels is illustrated. A statistical and comparative legal analysis of the most effective norms of the legislation of Russia and the Republic of Kazakhstan applied in the fight against such illegal activities has been carried out. The direction of further improvement of the Russian criminal law is proposed. The oil industry is one of the leading industries of the Russian Federation, the structural segments of that are the objects of oil production, storage, refining and transportation, as well as the objects of transportation, storage and marketing of oil product. Under these circumstances it is required totake measures for protection it from unlawful actions connected with stealing of oil and oil products. Along with security, safeguards and organizational measures that are implemented by business entities, protection of the industry from criminal attacks by a criminal law method is of no small importance. The article indicates the need to improve legislation to ensure the safety of the oil industry, based on its importance for the country's economy. It is noted that positive results in the search for possible ways to improve the legislation are provided by the use of a comparative legal analysis of the criminal norms of the CIS in the fight against crime in this area of activity.


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