scholarly journals Contemporary trends in the judicial practice of compensation for damage in commissioning environmental crimes

2021 ◽  
Vol 118 ◽  
pp. 03027
Author(s):  
Aleksander Salyakhovich Blankov ◽  
Olga Borisovna Vinogradova ◽  
Rezo Tengizovich Gaprindashvili ◽  
Yulia Rudolfovna Orlova ◽  
Svetlana Petrovna Portyankina
Keyword(s):  
Preliminary Investigation ◽  
Economic Value ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Point Of View ◽  
Environmental Harm ◽  
Environmental Damage ◽  
Judicial Practice ◽  
Long Time ◽  
Environmental Crimes

The prerequisites for the research were a comprehensive analysis of the state of environmental safety in the Russian Federation indicative of negative trends in this area including the compensation for harm caused as a result of committing environmental crimes. The article presents the results of the analysis of the criminal case files related to compensation for harm caused as a result of committing environmental crimes. The research authors noted such a feature of environmental crimes that when they are committed, the damage is caused to objects that have both environmental and economic value. Often, at the same time, environmental damage is caused to a certain extent by economic (property) damage (harm) which significantly complicates the resolution in practice of the issue related to compensation for harm caused as a result of committing environmental crimes. The core problem identified by the authors is that environmental harm from the point of view of its complex manifestation cannot be detected immediately, but after a rather long time; there are cases when it can be completely irreparable. The authors made an attempt to summarise the law enforcement practices of Russian courts related to compensation for harm caused as a result of committing environmental crimes, both at the stage of preliminary investigation and judicial proceedings, consider the types of harm to be compensated and the recovery procedure, identify problems arising during compensation for various types of harm. Based on the research results, measures aimed at improving the mechanism of legal regulation of compensation for harm caused as a result of violation of environmental safety rules were proposed; the need for legislative consolidation of the criteria for determining the amount of compensation for harm by the courts, as well as the need for specialisation of courts considering cases related to environmental offences.

scholarly journals Coordinating activity of independent legal entities: issues of law enforcement in conditions of economy digitalization

2019 ◽  
pp. 60-67
Author(s):  
Yu. Yu. Borisova ◽  
I. V. Akimova
Keyword(s):  
Law Enforcement ◽  
Economic Activity ◽  
Legal Regulation ◽  
Point Of View ◽  
Operating Conditions ◽  
Negative Effects ◽  
Judicial Practice ◽  
Stage Of Development ◽  
Legislative Changes ◽  
The Coordinator

In article authors investigate questions of the operating legal regulation of coordination of economic activity of independent economic entities, including questions of its legisla- tive definition and signs. Article contains the detailed analysis of the most interesting examples of judicial practice and practice of antimonopoly authorities on the matter. Authors, analyzing the current legal regulation, also give an assessment to the planned changes in the legislation in this part and state the point of view about dependence of legal assessment of actions of the coordinator and the economic entities coordinated by it on operating conditions of commodity markets on which it is carried out. As a result of a research authors drew a conclusion on need of legislative changes in a part of admis- sibility of the forbidden coordination provided that the advantage for consumers of such coordination exceeds negative effects for the competition.A significant amount of works of the modern scientists and experts investigating a per- spective of institutes of the antitrust law is devoted to questions of legal qualification of coordination of economic activity of independent economic entities in legal scientific literature.The matter was also raised in publications and authors of the "Rossiyskoye Konkurent- noye Pravo I Ekonomika" magazine, at the same time, it should be noted that to consid- eration of questions of coordination of activity smaller attention is paid, than, for ex- ample, to questions of cartels.Thus, degree of scientific readiness of the matter in general is rather high, at the same time to authors the relevance of this subject and need of the analysis and assessment of the operating regulation taking into account economic features of the present stage of development of the markets seems to be of high interest.

scholarly journals The Problems of Legal Regulation of the Land Reclamation after the Illegal Coal Mining by the “Black Diggers” (the Kemerovo region example)

2020 ◽  
Vol 174 ◽  
pp. 02029
Author(s):  
Vitaly Shelestukov ◽  
Roman Drapezo ◽  
Roman Islamov
Keyword(s):  
Coal Mining ◽  
Land Reclamation ◽  
Mining Industry ◽  
Legal Regulation ◽  
Illegal Activity ◽  
Judicial Practice ◽  
Natural Minerals ◽  
Long Time ◽  
Law Enforcement Officials ◽  
The Russian Federation

The article deals with the issues of the legal “irregularity” of criminal and material responsibility of the “black diggers” for the illegal production of natural resources in the territory of the Kuzbass. The schemes of production and selling the coal are very different. That is why it is rather difficult to consider them in terms of criminal, arbitration, and administrative processes, especially by considering the issues of reclaiming the lands broken by such illegal activity. This is evidenced by the limited judicial practice of arbitration courts and courts of law of the Kuzbass. There is also no similar practice in other territorial subjects of the Russian Federation. Thus, there is a necessity in urgent developing of the methodical recommendations for the law enforcement officials on the calculation and compensation for the damage, considering the escalating statistical data on the illegal activity of the “black diggers”. Since the production and land reclamation caused by the coal mining are technologically interconnected, there must be an assigned surveillance of the use of a fund and the order of land reclamation to the prosecutor’s office on the surveillance of respecting the lawfulness in the coal-mining industry. These actions are provided for the coal-mining enterprises. For a long time, the “black diggers” have been producing the natural minerals which are the property of the state and they have also been able to escape the attention of the Russian legislation.

scholarly journals Remedy of the Accumulated Environmental Damage: From Legislative Experience of Different Countries to Russian Legislative Experience

2021 ◽  
Vol 20 (2) ◽  
Author(s):  
Nadezhda Alekseeva ◽  
Alexander V. Dorofeev
Keyword(s):  
Legal Regulation ◽  
Point Of View ◽  
Environmental Damage ◽  
Market Failures ◽  
Original Owner ◽  
The Russian Federation ◽  
Russian Law ◽  
The Third World ◽  
Legal Mechanism

Motives: In all countries of the world there are objects of the accumulated environmental damage (AED), regardless of the recognition of their presence by the state itself or their legislative regulation. The legal mechanism for the development of this regulation is of significant interest from the point of view of both, science and practice. Aim: The determination of the existence of regulation of the objects of the accumulated environmental damage, in most countries and its comparative characteristics became the aim of following study, to identify the positive experience in such regulation and to see whether it is suitable for Russian legislation, including the possibility of borrowing those norms of law and its incorporation into national legislation. Results: Russian law has a determination of the accumulated environmental damage, as most of the European countries do (not the third-world ones), but there is no definition for the further AED-conception. The amount of damage has to be determined in a particular area or of a concrete natural resource. Unfortunately, in developing countries, such information regarding the objects of accumulated environmental damage is not so widely presented, although such a problem is acute in these countries. The AED is one of the market failures as been based on a permission for environmental pollution. The legal regulation of the Russian Federation: it is necessary to impose responsibility for the leveling and elimination of such an objects on the original owner who acquired the land plot with the AED-object (on the basis of an agreement or the law rules even if the legal entity liquidated). It is necessary to provide real access to information feather land users (the potential purchaser – about the features of the object). The legislator has to develop and detail more carefully the rules on public-private partnerships for liquidation AED-objects.

scholarly journals Prohibitions As Means of “Smart Regulation” of Compensation for Harm to the Environment

Legal Concept ◽  
2021 ◽  
pp. 184-192
Author(s):  
Oksana Sharno ◽  
Keyword(s):  
Public Relations ◽  
Effective Means ◽  
Modern Society ◽  
Legal Regulation ◽  
Environmental Harm ◽  
Environmental Damage ◽  
Implementation Processes ◽  
Economic Paradigm ◽  
Smart Regulation ◽  
Environmental Component

Introduction: an important vector of development of modern society is the formation of an ecological and economic paradigm, in whose context the legal regulation of public relations is carried out with the emphasis on the environmental component. The problems of compensation for environmental damage, without losing their independent relevance, become the leitmotif of the modernization of the legal implementation processes. Given that the specifics of compensation for environmental damage are multi-faceted, reflecting cross-industry trends, this area requires the development of “smart regulation”, whose effective means are legal prohibitions. Purpose: to conduct a theoretical and legal study of prohibitions as means of “smart regulation” of compensation for environmental damage. Methods: the research is carried out using a set of methods of scientific cognition, namely, analysis (the analysis of concepts, identification of their features, traits) and synthesis (the generalization of debatable conclusions, contrasted definitions), the method of analogies, with the help of which the characteristics of the studied theses, definitions were projected on legal relations. The preparation of the paper required the use of special legal research methods, such as formal-legal and comparative law. Results: the study focuses on the analysis of the concepts of “environmental harm”, “environmental communications”, “environmental information”, “mechanism of legal regulation”, “smart regulation”, “prohibitions”, presents their author’s interpretations, reflects that prohibitions as instructions to refrain from certain negative actions under the threat of liability in the matters of compensation for environmental damage are effective means of the legal regulation that ensures the satisfaction of the interests of society and nature. Prohibitions, as criteria for distinguishing between the legality and illegality of behavior in the interests of environmental protection, as means of the legal regulation, form the basis for bringing to justice those who violate them. The paper presents the ways of applying and modernizing prohibitions for “smart regulation” of compensation for environmental damage. Conclusions: prohibitions as means of “smart regulation” serve to ensure transparency and efficiency of compensation for the environmental damage, provide innovative communications of decision-makers and citizens in the implementation of their rights to a favorable environment, to compensation for damage caused to the environment in full, provide suspension, restriction, termination of the activities that cause harm from the creation of a regulatory act to its implementation. The analysis of legal prohibitions demonstrates that in the matters of compensation for environmental harm, the problem of legal prohibitions is effective.

scholarly journals ON THE USE OF VIDEOCONFERENCING IN PRE-TRIAL CRIMINAL PROCEEDINGS

2020 ◽  
Vol 16 (4-2) ◽  
pp. 67-76
Author(s):  
Регина Шагеева
Keyword(s):  
Preliminary Investigation ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Dialectical Logic ◽  
Advantages And Disadvantages ◽  
Judicial Practice ◽  
Foreign Countries ◽  
Legal Foundations ◽  
Challenging Situation ◽  
The Right

An urgent issue at the current stage of the development of criminal procedure is the use of videoconferencing in pre-trial criminal proceedings. The interest in this topic is caused both by the lack of legal regulation and ongoing discussions in the scientific community, as well as by the emerging and challenging situation with regard to the threat of coronavirus infection. In the context of the pandemic, the Court has acquired the right to conduct all criminal proceedings using videoconferencing systems, and investigators and interrogators are prevented from using remote technologies even during such an investigative action as an interrogation. This problem requires research and resolution by both scientists and legislators. Purpose: to analyze and develop scientific and legal foundations for the use of videoconferencing in pre-trial criminal proceedings. Methods: the author uses empirical methods of comparison, description, interpretation as well as theoretical methods of formal and dialectical logic. Results: the study makes it possible to trace the gradual increase in the use of videoconferencing in criminal proceedings, to analyze the advantages and disadvantages of the introduction of remote technologies at the preliminary investigation stage, to identify gaps in the legal regulation of this issue in criminal proceedings, to propose a solution to the problem taking into account the emerging judicial practice, and the legislation of a number of foreign countries.

scholarly journals Analisis Jual Beli Hak Cipta Dalam Perspektif Hukum Pidana Islam Dan Undang-Undang Nomor 28 Tahun 2014

2019 ◽  
Vol 10 (1) ◽  
pp. 1-19
Author(s):  
Ghurrotul Muhajjalah ◽  
Nasiri .
Keyword(s):  
Criminal Law ◽  
Economic Value ◽  
Point Of View ◽  
Moral Rights ◽  
Comparative Approach ◽  
Economic Rights ◽  
Positive Law ◽  
Library Studies ◽  
Long Time ◽  
The Difference

This study aims to seek legal certainty from the practice of buying and selling copyright that occurs in society. By emphasizing the study of the point of view of Islamic criminal law in answering the legality of the practice of buying and selling copyright logically and comprehensively. Next, do a deeper analysis and study of the ratio legislation of Law No. 28 of 2014 concerning Copyright. The design of this study is normative legal research with a statute approach and comparative approach. Data collection techniques used documentation in the form of library studies with sources of legal material. The results of this study indicate that: 1) copyright is a new term that is still unfamiliar in the context of Islamic criminal law. Although its application has been indirectly recognized since the time of the Prophet with the necessity to include the name of the author in each of the writings cited. This is true on the basis of copyright ownership of property ownership. So that related to the legality of copyright sale and purchase transactions are answered on the basis of the legality of buying and selling in general. The difference is that the object (mauqud aih alaih) of copyright sale and purchase is based on the perspective of f urf contained in the criteria of the benefits of goods (muntafa’bih) which are maqsu and ‘urfan or in other words the public has economic value and is worth trading. 2) Copyright sale and purchase transactions are transactions that have been legalized for a long time in positive law in Indonesia. This is based on the existence of related rights in the exclusive rights inherent in a creator. The related rights are in the form of economic and moral rights. In the end, these economic rights are the basis of the legality and royalties generated from copyright sale and purchase transactions based on the legality of other transactions listed in Article 9 paragraph (1) of Law No. 28 of 2014 concerning copyright.

scholarly journals THE PROBLEM OF DETERMINING PRIORITIES OF ECOLOGICAL AND LEGAL PROTECTION: NATURE AND HUMAN HEALTH AS OBJECTS OF LEGAL

2017 ◽  
Vol 21 (1) ◽  
pp. 177-183 ◽  
Author(s):  
E. V. Vorontsova
Keyword(s):  
Legal Protection ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Point Of View ◽  
Nature Protection ◽  
Legal Norms ◽  
The World ◽  
Ecological Relations ◽  
Environmental Relations ◽  
Legal Mechanism

The paper is devoted to the problematic issues of the legal regulation of nature protection activities in the Russian Federation. The author notes that a sharp deterioration of the ecological situation indicates a crisis of the previously existing paradigm of human-environmental interaction. Therefore, the situation requires full-scale measures within the state's environmental strategy. However, the change of the environmental state policy as a whole and the improvement of the legal mechanism of environmental relations in particular encounters a number of theoretical and practical problems, which have not been solved. The author pays attention to the problem of determining the priorities of environmental and legal protection, which is very important in the process of establishing the optimal ratio in the "human-nature" relations. The result of solving the problems influences the objectives of the state environmental policy, as well as the objectives of the Environmental Safety Strategy. The author analyzes the main aspect of the considered problem, the essence of which is ambiguity of the fundamental object in ecological relations. It is noted that today there are two points of view on this issue in the Russian legal science. According to the first one, the object of legal protection is exclusively environmental interests of a man. Accordingly, the protection of nature must be carried out exclusively in the interests of his life and health. Supporters of the second point of view believe that the nature as a whole should be a priority in legal protection. The author notes that the choice of a particular conceptual position (and, accordingly, the priority of environmental and legal protection) depends on the world outlook on the role and place of a man in the world. At the same time, problems of a technical and legal nature, connected with internal logic and subordination of legal norms regulating ecological relations worsen the situation. The author concludes that there are internal contradictions in the mechanism of legal protection of the environment.

scholarly journals Matters of judicial practice of Sevastopol and the Republic of Crimea in the field of merchant shipping

2021 ◽  
Vol 108 ◽  
pp. 01001
Author(s):  
Stanislav Aleksandrovich Vasiliev
Keyword(s):  
Comparative Method ◽  
Legal Regulation ◽  
Point Of View ◽  
Modern World ◽  
Crimean Peninsula ◽  
Judicial Practice ◽  
Expert Assessments ◽  
Russian Law ◽  
Merchant Shipping ◽  
The Republic

Merchant shipping is one of the most demanded types of transportation in the modern world. According to some reports, up to 80% of all cargo is transported by sea. In this regard, the issues of legal regulation of this complex and full of implementation nuances activity acquire particular importance. The specific condition of such seaports as Sevastopol and several other ports on the Crimean Peninsula is since Russia is under the influence of negative economic measures (“sanctions”) imposed by a large number of foreign states. Under these conditions, with the same effect of international and Russian legislation in the entire territory of the Russian Federation, the nature of their application in some cases has a certain specificity concerning these territories. In this regard, the analysis of judicial practice in this area was of particular interest. The purpose of this study is to analyze judicial practice from the point of view of the implementation of international and Russian law norms in the field of merchant shipping, as well as to identify certain trends in the activities of the subjects of the relevant legal relations. Analysis, synthesis, the comparative method, and the method of expert assessments are the methods used in the preparation of this work. The following structural analysis of the available material was used: first, the judicial practice was studied, only after that the work with legislation and other sources was carried out. As a result of the performed research, some problematic aspects of the legal regulation of merchant shipping in Russia have been identified. The trends based on which the Russian maritime law can be transformed have also been identified. The novelty of the research lies in the combination of proposals for further improvement and law enforcement practice in the field of merchant shipping.

scholarly journals RELATIONSHIPS APROPOS IN-GAME INDUSTRY OBJECTS

2020 ◽  
pp. 37-46
Author(s):  
N.A. Pronina ◽  
A.V. Buyanov
Keyword(s):  
Information Technologies ◽  
Legal Regulation ◽  
Point Of View ◽  
Judicial Practice ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
Game Industry ◽  
The Russian Federation ◽  
Regulation By Law ◽  
Method Analysis

The article is devoted to consideration of in-game industry objects, their legal nature and relationshipswith them. At the present stage of information technologies development, various means of leisure areincreasingly popular, in particular online games. It is also important that from the category of children’sgames, such leisure has grown into the rank of serious hobbies, accompanied by significant financialinvestments, which determined the relevance of this work. The incorporation of commodity-money relationsinto in-game ones inevitably entails the need to interpret such relations from the legal point of view. In orderto substantiate the need for legal regulation of relations with respect to the objects of the in-game industryusing the dialectical method, analysis and synthesis, various relations emerging with respect to such objectsare considered, constructions, including those developed by foreign authors, are proposed, which makes itpossible to delimit the range of subject relations to regulation by law. Various positions of understanding thiskind of relations are identified and briefly presented, also the possibility of using one of them is substantiated.The judicial practice of the Russian Federation on this issue was criticized, and the unfairness of the approachused by the Russian courts was revealed. As a result of the study, the authors propose to consider the relationsabout in-game objects as licensed.

scholarly journals Legal aspects of environmental safety in the field of medical waste management in the context of the pandemic

2021 ◽  
Vol 25 (3) ◽  
pp. 586-601
Author(s):  
Nadezhda A. Alekseeva
Keyword(s):  
Waste Management ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Medical Waste ◽  
Point Of View ◽  
Household Waste ◽  
Huge Amount ◽  
Class B ◽  
Medical Waste Management

Medical waste management has always been relevant from a practical point of view, but as a result of the pandemic declared in 2020, this topic has multiplied, leading to significant changes in the legal regulation of medical waste. The realization that re-contamination from medical covid-waste is possible led to the obligation to install disinfectants in medical and pharmacological organizations. The division of medical waste into classes predetermined the assignment of medical covid-waste to class B, and after disinfection - to A-class, that are possible to transport and dispose after disinfection. However, there is a huge amount of covid-waste outside medical and pharmacological organizations, which is, clearly, are not medical. When mixed with solid household waste and garbage that does not require a transport licence, it increases the likelihood of re-infection of those who handle such waste. The object of the work is to explore these topics and to raise the issue of separation of the accumulation and disposal of non-medical covid-waste in legal regulation, as well as the ways to implement them. Related to this is the issue of environmental pollution in the context of the pandemic, because non-medical covid-waste has increased the amount of plastic that pollutes the environment.

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