scholarly journals Digital Transformation of Enforcement Proceedings: Russian Experience

2019 ◽  
Vol 71 ◽  
pp. 02009
Author(s):  
G.E. Ageeva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Public Life ◽  
Legal Regulation ◽  
Social Processes ◽  
Digital Transformation ◽  
Negative Experience ◽  
Digital Space ◽  
The Russian Federation ◽  
Russian Law

In this study, the author considers the main problems of digital modernization concerning enforcement proceedings in the Russian Federation. Generation and further enhancement of the digital space have determined the vector of legal regulation in the implementation of any social processes several years ago. Various aspects of the economic, legal and other spheres of public life were reformed. Changes in various areas of enforcement proceedings occurred in stages, sequentially and in plain consideration with the specific features of legal relationships. However the digital transformation of enforcement proceedings has not yet come to its final stages. Many researchers note the “unavailability” of both legislation and law enforcement procedure for the changes that are taking place as well as to the final establishment of such changes as the basic and fundamental rules of law enforcement. In addition, the existing fragmentary regulation in the process of law enforcement gave rise to many problems. In this article the author attempts to identify the positive and negative experience of digital modernization of Russian law enforcement practice and define suggestions that could improve the process.

scholarly journals Grounds for Deprivation of Parental Rights: The Law Enforcement and the Foreign Legal Regulation

2020 ◽  
Vol 6 ◽  
pp. 10-13
Author(s):  
Sergey V. Zykov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Parental Rights ◽  
Existing Structures ◽  
Rights Of The Child ◽  
Significant Difference ◽  
Independent States ◽  
The Russian Federation ◽  
Russian Law

The article discusses the reasons for the deprivation of parental rights provided for in Article 69 Family Code. When comparing them with the provisions of the Convention on the Rights of the Child, a conclusion is drawn about their significant difference, therefore, the thesis that the existing provisions of Russian law are determined by international obligations of the Russian Federation is not confirmed. Despite the fact that the six existing structures of deprivation of parental rights are independent, an analysis of law enforcement practice shows that the courts avoid a clear reduction of factual circumstances to the relevant compositions. Of course, this increases the risk of an unjust decision. The clarifications given in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 14, 2017 No. 44, unfortunately, are insufficient. The norms establishing the basis for deprivation of parental rights in the Union of Independent States are generally similar to the Russian ones, however, in a number of cases, the latter show a desire for concretization. In Western European countries, such reasons, as a rule, are not particularly distinguished: violation of the rights of the child is considered as the basis for applying various measures of influence, among which the deprivation of parental rights is extreme, but even if it is used, the parents do not lose the opportunity to communicate with the child (if this does not contradict him interests). The latter should be provided for in Russian law. According to the author, one should restrictively formulate the grounds for depriving parents of their rights, reduce their number; at the same time, an explanation should be given to the courts about the need to clearly follow their content when making decisions.

Restoring the financial health of debtors: Changing approaches in the legislation

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Health ◽  
Regulatory Enforcement ◽  
The Past ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Financial Recovery

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.

Systematization and improvement legal regulation of the use of artificial intelligence in law enforcement

2020 ◽  
Vol 7 (1) ◽  
pp. 106-112
Author(s):  
Vadim K. Barchukov
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Russian Federation ◽  
Information Technologies ◽  
Ethical Issues ◽  
Legal Regulation ◽  
Information Support ◽  
Law Enforcement Agencies ◽  
Effective Work ◽  
The Russian Federation

The article systematizes legal acts at the international, Federal and departmental levels on the use of artificial intelligence in law enforcement. In particular, at the international level, the corresponding legal act, according to the author, should contain three components of legal regulation: 1) regulate the organization and construction of an artificial intelligence system between States; 2) determine the principles of functioning of artificial intelligence; 3) regulate the ethical issues of using artificial intelligence. The legal basis for the use of artificial intelligence systems in law enforcement at the Federal level, in addition to the Constitution of the Russian Federation, should be the Strategy for the development of the information society in the Russian Federation (Strategy) for 2017-2030, as well as some special Federal laws (for example, the Law of Moscow), which are designed to specify the mechanism for using the advantages of artificial intelligence in all spheres of public life, including law enforcement. The author notes that the mentioned strategy defines only the General provisions of the state policy on the development of information technologies and artificial intelligence technologies. At the same time, the implementation of national interests outlined in the Strategy is impossible without the effective work of law enforcement agencies, whose functioning, in turn, is impossible without a well-built system of interaction between information support and artificial intelligence. The final part of the paper presents some proposals for improving the legal regulation of the use of artificial intelligence in law enforcement, in particular, justifies the need to adopt a national Doctrine for the use of a Unified system of information support and artificial intelligence in the activities of law enforcement agencies.

Administrative Liability for Illegal Remuneration on Behalf of Legal Person

10.12737/7545 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Артем Цирин ◽  
Artem Tsirin ◽  
Сергей Зырянов ◽  
Sergey Zyryanov
Keyword(s):  
Law Enforcement ◽  
Present Article ◽  
Russian Federation ◽  
Legal Person ◽  
Criminal Prosecution ◽  
Criminal Offence ◽  
National Plan ◽  
The Russian Federation ◽  
Russian Law ◽  
Administrative Responsibility

The present article is devoted to problem aspects of administrative responsibility for illegal remuneration on behalf of the organization in the Russian Federation. In the article on the base of law-enforcement practice are analyzed suggestions for improvement of legislative mechanisms of involvement organizations to responsibility for the corruption offenses made from a name or in interests of such organizations. Carrying out researches on the designated subject is provided by the National plan of corruption counteraction for 2014—2015. In Russian law-enforcement practice there are a lot of cases when the organization actively assists in criminal prosecution of the guilty person. However, judges make the organization responsible. Considering the big sizes of sanctions provided by this article, the situation is perceived as injustice and doesn´t promote achievement of the objectives of administrative responsibility. In this regard authors developed the special bases of releasing organization from responsibility in cases when governing bodies actively promote disclosure and investigation of the criminal offence made by interested person.

scholarly journals RUSSIAN LAW OF OBLIGATIONS REFORMED: THE CONSEQUENCES FOR THE INSTITUTE OF DAMAGES (LOSSES)

2021 ◽  
pp. 689-698
Author(s):  
Y. E. Monastyrsky ◽  
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Code ◽  
Legal Provisions ◽  
The Russian Federation ◽  
Russian Law ◽  
Practice Methods

Introduction: of all the instruments of protection of subjective property rights, the fundamental role belongs to the institute of indemnification, whose regulatory framework needs to be clarified. The purpose of this paper is comparative description of the important legal aspects of the main type of property liability. In accordance with the purpose, the following objectives were set: to determine the extent to which legal provisions of general regulations on obligations laid down in the Civil Code of the Russian Federation should or can be applied to claims for damages; to formulate the proposals for improving the indemnification court practice. Methods: the methodological framework of the study consists of specific scholarly (special legal, comparative legal) and general scholarly (problem-theory, teleological, and system) methods of analysis. The main trends in the development of the institute of liability and the debatable aspects reflected in the Russian and foreign documents were studied with the use of the problem-theory and system analysis methods. Results: being a summary overview of the available knowledge and comparative regulatory material, this paper allowed us to articulate the ideas aimed at improving the fundamental principles of legal regulation of relations in the sphere of protection of subjective rights, in particular indemnification. Discussion: indemnification is a developing major institute of civil law, invariably attracting the attention of scholars around the world. Lately it has taken on special significance and some of its aspects have become a focus of a separate field of scholarly discussion. Many Russian scholars have written about indemnification in a comparative aspect: О. N. Sadikov, V. V. Baibak and others [2, 15]; this paper focuses on the reform of Russian law of obligations and the new provisions of the Civil Code of the Russian Federation of March 8, 2015 and reveals the consequences of the reform for the institute of damages, discussing this topic in detail as a separate standalone issue. Conclusion: we hope that this paper will contribute to further discussion in the civil law doctrine of the ideas and conclusions presented.

scholarly journals Maintenance of unity and territorial integrity of Russia: some constitutional legal problems

2018 ◽  
Vol 2 (1) ◽  
pp. 91-103
Author(s):  
Svyatoslav V. Ivanov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Territorial Integrity ◽  
Legal Method ◽  
The People ◽  
Legal Space ◽  
The Russian Federation ◽  
State Registration

The subject. The article is devoted to the analysis of public authorities’ activities in order to strengthen unity of domestic legal space and the people of Russia with regard to constitutional legal support of the state unity and territorial integrity of the Russian Federation.The purpose of the article is to make a critical analysis of implementing a system that consists of constitutional legal rules and procedures of regulatory impact on the unity of domestic legal space and the people of Russia with the aim of increasing the effectiveness of their implementation.The methodological basis of the study includes general-scientific methods (analysis and syn-thesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal acts).Results, scope. Consistent constitutional legal support of the state unity and territorial integrity of the Russian Federation requires elimination of defects and gaps in legal regulation and improvement of law enforcement practice. In particular, it is necessary to eliminate the practice of denial of a state registration of political parties on insignificant formal grounds in order to implement guarantees of the unity of the people of Russia.Conclusions. The consistent strengthening of the unity of domestic legal space and the people of the Russian Federation is of paramount importance to the constitutional and legal support of its state unity and territorial integrity. It is necessary to eliminate a number of legal defects and to make law enforcement practice more effective in order to implement these constitutional values.

scholarly journals Jurisdiction over claims made against public-legal institutions

2020 ◽  
pp. 1-8
Author(s):  
Nikolay Basmanov ◽  
Andrei Vladimirovich Ilin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Practical Importance ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Legal Method ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Subject ◽  
The Russian Federation

This article discusses the question of territorial jurisdiction over claims made against public-legal institutions (Russian Federation, constituent entities of the Russian Federation, municipal formations). The subject of this research is the current procedural norms regulating the questions of jurisdiction, and the established law enforcement practice. Attention is turned to the existence of gaps in legal regulation of the question of jurisdiction over claims made against public-legal institutions in the Civil Procedure Code of the Russian Federation and Arbitration Procedure Code of the Russian Federation. The authors analyze the established approaches in law enforcement practice towards solution of the aforementioned problem. Methodological framework includes the comparative-legal method and such formal-logical methods, as analysis, synthesis and induction. The relevance and practical importance are substantiated by the subject of research – the law enforcement practice formed by the Russian judicial authorities over the recent years. The conclusion is made on the need for elimination of the existing gap in the normative-legal regulation by amending the current procedural legislation.

scholarly journals RUSSIAN INVESTIGATION AS VIEWED BY A HISTORIAN

2019 ◽  
Vol 12 ◽  
pp. 3-10
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
18Th Century ◽  
Legal Aspects ◽  
Russian Society ◽  
History Of ◽  
The Russian Federation ◽  
Russian Law ◽  
The Government ◽  
Low Efficiency

The article is dedicated to the famous Russian historian and legal expert Doctor of History Dmitriy O. Serov and a brief analysis of his studies concerning the establishment and development of the Russian law enforcement authorities in the first third of the 18th century: courts, prosecutor’s office, fiscal service, investigative authorities. Having started his scientific activities from studies of history of the spiritual life of the Russian society from the 17th to the 18th century, D.O. Serov then moved on to the legal aspects of history of the 18th to the 20th century, history of the personnel of the national government machine focusing on investigative authorities and was recognized in our country and abroad as one of the best experts of the Peter the Great’s epoch, specialist in history of the Russian law enforcement and judicial systems, leading scientist studying history of the Russian investigative authorities. D.O. Serov developed new areas of historical and legal research; identified, researched and introduced into scientific discourse many earlier unknown or briefly mentioned archive files including the Instruction to Major’s Investigative Chancelleries of December 9, 1717. The educational course History of the Russian Investigative Authorities was launched based on his research; a new professional holiday, the Day of an Investigation Officer of the Russian Federation, was introduced by Resolution of the Government of the Russian Federation No. 741 of August 27, 2013 (July 25, the day of establishment of the first M.I. Volkonskiy investigative chancellery); some memorable dates of history of the national pre-trial investigation were introduced (including December 9, the Day of Establishment of Major’s Investigative Chancelleries). D.O. Serov justified that the Russian investigative authorities originated in the form of investigative chancelleries. The basis for acknowledgment of such chancelleries as investigative authorities is their characteristics as an independent permanent government authority, designated to investigate criminal cases on the pre-trial stage, being the only function of this authority. D.O. Serov’s research showed that the reason for a short life of such authorities was not their low efficiency. Quite the opposite, major’s investigative chancelleries were in advance of their time and turned out to be misfitting even for the reformed state mechanism of Russia.

scholarly journals Personal Reception of Citizens: Problems of Legal Regulation and Implementation

Lex Russica ◽  
2019 ◽  
pp. 71-83
Author(s):  
A. V. Savoskin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Government Agency ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Government

Personal reception represents a way of submitting citizens’ complaints and one of the forms of implementation of the constitutional right of citizens to appeal (complain). However, the legislative regulation of the issue under consideration seems insufficient, which has given rise to adverse law enforcement practice.The article determines signs of personal reception that allow us to distinguish it from other types of citizen’s communication with officials. The paper makes a thorough analysis of the duty of officials to conduct personal reception. Two models of performing the reception are highlighted: 1) personal reception is carried out only by chairpersons (of the government agency as a whole, its deputies or heads of structural divisions); 2) personal reception is carried out not only by chairpersons, but also by other authorized officials or specialized units. Moreover, the paper focuses on the problem of delegation of the obligation to perform personal reception to other officials.The paper investigates the procedure of personal reception that includes four stages: registration for personal reception (optional stage); arrival of a citizen at the place and time provided for personal reception, identification and determination of the order of personal reception; personal intercourse with the official, including a statement of the essence of the oral request or submission of a written application; registration of a personal reception card. Special attention is paid to the issue of registration of a personal reception, which allowed to formulate conclusions about the most relevant content of a personal reception card. The procedure of holding the all- Russian day of personal reception and experience of introduction of regional uniform days of personal reception in constituent entitities of the Russian Federation is analyzed.Also, the author scrutinizes the experience of organizing personal receptions in various governmental bodies and authorities in order to generalize additional guarantees of the rights of citizens during personal reception, as well as to develop an approximate list of feasible constrains.

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