scholarly journals Forestry as an object of legal regulation

2021 ◽  
Vol 273 ◽  
pp. 08011
Author(s):  
Oksana Grechenkova
Keyword(s):  
Forest Management ◽  
Russian Federation ◽  
Legal Regulation ◽  
Point Of View ◽  
Forest Law ◽  
Forest Code ◽  
The Russian Federation ◽  
Forest Use

The article is devoted to the study and analysis of the use of forests, including for agriculture. The use of forests is the central institution of forest law, the concept of “use of forests” is one of the main concepts in the Forest Code of the Russian Federation. The legislator refused to use the terms” forest management law”,” forest management”, which were used in the Forest Code of the Russian Federation in 1997.The meaning of the concept of” forest use “and its relationship with the concept of” forest management”, which is traditionally used in the science of forest law, is defined. From a scientific point of view, the term “forest use” coincides in its meaning with the term “forest management”.

scholarly journals Legal Problems of Realization of Rights on Forest Areas

2016 ◽  
Vol 4 (12) ◽  
pp. 0-0
Author(s):  
Юлия Шуплецова ◽  
Yuliya Shupletsova
Keyword(s):  
Forest Management ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Problems ◽  
Forest Law ◽  
The Russian Federation ◽  
Forest Use ◽  
Forest Legislation ◽  
Renewable Natural Resource ◽  
The Right

Presented article is the result of study of the issues of legal regulation of forest exploitation in the Russian Federation made by the author. The work substantiates the position according to which the use of forests is a form of realization of the subjective rights of forest management. Forests are the main natural resources of Russia and of the world. Despite the fact that the forests are renewable natural resource, their protection from damage and destruction during use is one of the most important tasks of the forest law. The author concludes that taking into account features of object of legal regulation, in the process of implementation of right for the forest management responsibilities of the right holder are essential. The article also examines the main types of forest use envisaged by the forest legislation of the Russian Federation, as well as legal problems arising in the implementation of forest management by different actors of economic and other activities. The author analyzes a number of subordinate normative legal acts and court decisions to identify legal uncertainties and gaps in the forestry law.

scholarly journals Economic problems of forest management at current development stage

2020 ◽  
Vol 24 (5) ◽  
pp. 66-73
Author(s):  
G.P. Butko ◽  
◽  
Keyword(s):  
Forest Management ◽  
Russian Federation ◽  
Biological Diversity ◽  
Sustainable Forest Management ◽  
Development Stage ◽  
Point Of View ◽  
Economic Activities ◽  
Forest Code ◽  
The Russian Federation ◽  
Forest Parks

Research of problems of forest management, formation and development of forest management. Clarification of features in the system «management and planning in the field of use, protection and other functions of forests», according to the current Forest code of the Russian Federation and the concept «forest legislation of the Russian Federation based on the principles of sustainable forest management, conservation of their biological diversity and other useful functions of forests». From the point of view of the practice and system of strategic forest management, specific issues regarding forest management objects are highlighted. Analytical method for obtaining information about natural-historical and economic conditions of the area where the forest management object is located. Analysis of economic activities and study of past experience of forest management in the field of use, protection, protection and reproduction of forests. On the basis of the Forest code, allocated successive stages of forest management such as the design of forest areas and forest parks, the design of operational, protective and reserve forests, as well as the design of measures for the protection and reproduction of forests. Based on the theoretical review and analysis presented in the relationship of the system «results-costs», the main directions of development of forest management are determined. Scientific novelty. The scientific novelty consists in defining the concept of competitiveness of forest capital. Achieving competitive advantages is possible on the basis of sustainable development as a factor of ensuring economic stability. The structure of the forest management process includes progressive elements based on a balance between the growth and depletion of natural resources.

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.

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 Forest restoration in the Сoncept of the draft Federal law “Forest code of the Russian Federation”

2020 ◽  
Vol 3 (3) ◽  
pp. 1-3
Author(s):  
V.A. Kharitonov ◽  
◽  
A.N. Pekkoev ◽  
S.A. Moshnikov ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Forest Restoration ◽  
Legal Regulation ◽  
Economic Conditions ◽  
Federal Law ◽  
Forest Code ◽  
The Russian Federation ◽  
Regional Forest

The article notes the relevance of the Concept of the draft Federal law “Forest code of the Russian Federation”. One of the sections of this Concept (point 3.7.10) concerning reforestation issues is considered. The importance of the approach proposed in the Concept, which provides for more flexible legal regulation of technological issues of reforestation, taking into account regional, forest-growing and economic conditions, is emphasized. Questions that require clarification or more detailed disclosure are noted.

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.

The Experience of the Russian Federation and the People's Republic of China

2021 ◽  
pp. 63-70
Author(s):  
A. K. Rozhkova ◽  
A. B. Chernykh
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Legal Regulation ◽  
Point Of View ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Advantages And Disadvantages ◽  
State Security ◽  
The Russian Federation

The article reveals the problem of the correlation of national security, state and security, analyzes the National security Strategies of the Russian Federation in 2015 and 2021. Attention is focused on the absence of a separate strategic planning document on ensuring state security in the Russian Federation, as well as a legal definition of the term «state security». The authors have studied the experience of legal regulation of relations related to ensuring state security in the People's Republic of China: the Law «On State Security» is analyzed from the point of view of its structure and content, the main advantages and disadvantages of this normative act are highlighted. This regulatory legal act traces the consistency and clarity of the wording, indicates the obligation of citizens of the People's Republic of China to ensure state security.

scholarly journals Legal Regulation of Environmental Problems of Coal Mining in Russian Federation

2018 ◽  
Vol 41 ◽  
pp. 02030 ◽  
Author(s):  
Marina Agienko ◽  
Yuriy Volgin ◽  
Elena Moroz ◽  
Tatyana Olofinskaya
Keyword(s):  
Land Use ◽  
Sustainable Development ◽  
Coal Mining ◽  
Russian Federation ◽  
Legal Regulation ◽  
Point Of View ◽  
Legal Documents ◽  
The Will ◽  
The Russian Federation ◽  
Environmental Measures

The legal side of subsoil use is one of the cornerstones of creating conditions for the transition to sustainable development. The will of the state - the guarantor of taking environmental measures should be implemented in the relevant legislative acts. The authors consider the main directions of legal regulation of the coal mining process in the territory of Russia. Basic legal documents regulating relations in the sphere of subsoil use of the Russian Federation are considered, problems of legislation on subsoil, water resources and land use are identified, and the main directions for its improvement are outlined. Also, a comparative analysis of the legal documents of the Russian Federation in this area is provided, that shows the obvious shortcomings of this issue from the point of view of the legislation.

scholarly journals The Features of the Content and Subject Composition of Settlement Agreements in Cases of Invalidity of Transactions

2020 ◽  
Vol 17 (3) ◽  
pp. 310-319
Author(s):  
Valeriya Goncharova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Point Of View ◽  
Relevant Category ◽  
Settlement Agreements ◽  
The Subject ◽  
The Russian Federation

Settlement agreements in civil and arbitration proceedings are one of the most convenient and effective ways to resolve disputes arising between participants in civil legal relations. At the same time, within the framework of some civil disputes, the content of settlement agreements has significant specificity, and sometimes – due to the peculiarities of the subject composition and the merits of the case – they cannot be applied at all for the purpose of reconciling the parties. An example of such disputes are cases related to the recognition of the transaction as invalid and the application of the consequences of the invalidity of the transaction, the legal regulation of which is unique. The economic reasons for the invalidity of transactions predetermine the peculiarities of the content of settlement agreements in the relevant category of cases, limiting it exclusively to the procedure for fulfilling restorative obligations and obligations to compensate for losses. This circumstance is due to the fact that, from the point of view of the dynamics of civil legal relations, an invalid transaction introduces uncertainty in the ownership of property and the distribution of rights and obligations of the participants in legal relations, which can be eliminated only by restoring the situation that existed before the conclusion and execution of the transaction with a defect. The current civil law regulation in this part (Article 4311 of the Civil Code of the Russian Federation), which allows the conclusion of analogues of amicable agreements in cases of invalidity of transactions involving other, in addition to restitution, the consequences of the invalidity of transactions, in this regard, cannot be recognized as satisfactory. Contestation of the transaction by “another person specified in the law” (Article 166 of the Civil Code of the Russian Federation), as well as in the interests of third parties by specially authorized entities (procedural plaintiffs), the possibility of participation in a completed and executed transaction of public law entities determine the raising of questions about the possibility of concluding amicable agreements by these entities. It is noted that these subjects, as follows from the analysis of domestic civil, civil procedural, administrative and family legislation, being interested in resolving the case on recognizing the transaction as invalid and on the application of the consequences of its invalidity, do not participate in its execution, and therefore cannot determine the procedure for the fulfillment of obligations arising from it.

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