scholarly journals Areas of concern in mediation as a way of corporate disputes settlement

2021 ◽  
Vol 118 ◽  
pp. 04016
Author(s):  
Tatiana Stanislavovna Korobeinikova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Scientific Research ◽  
Legal Regulation ◽  
Scientific Publications ◽  
Research Results ◽  
Methodological Basis ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Areas Of Concern

The purpose of the study involves systemic identification, generalization of the issues of legal regulation of the mediation procedure in corporate disputes settlement based on summarizing judicial practice, scientific research and the regulatory framework. The analysis of judicial practice, statistical data, scientific publications, as well as deduction and synthesis are the methodological basis of the research. The use of these methods made it possible to characterize the mechanism and advantages of using mediation in the settlement of corporate disputes; to identify problems in the application of the mediation procedure; to propose measures for improvement of the legal regulation of mediation, its application in corporate disputes in the Russian Federation. The research results obtained during the analysis of judicial practice and statutory instruments regulating the use of mediation in corporate disputes made it possible for the author to identify a number of problems and possible solutions to them, which are included in the author’s proposals and can be used to improve Russian legislation in terms of corporate disputes settlement using mediation procedures. Moreover, it was substantiated by the author that mediation as a tool for a quick disputes settlement, the preservation of partnership relations after using the mediation procedure will be used more often in the event of a change in Russian legislation. The scientific novelty of the study lies in determining the possibilities of mediation in corporate disputes settlement within the framework of Russian legislation and identification of existing gaps in such regulation.

scholarly journals Legal regulation of relations between Spain and Russia in the area of adoption of Russian children by Spanish citizens

2020 ◽  
pp. 85-93
Author(s):  
Viktoriia Kuznetsova ◽  
Elena Kargovskaia
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Scientific Research ◽  
Legal Regulation ◽  
Systemic Analysis ◽  
History Of Development ◽  
History Of ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Spanish Legislation

This article conducts the analysis of legal regulation of relations between the Kingdom of Spain and the Russian Federation with regards to adoption of Russian children by Spanish citizens. The authors examine the history of development of bilateral Russian-Spanish cooperation; legal normative base, and procedure for the adoption of Russian orphans in the Russian and Spanish legislation. Statistical data is provided on the trends in adoption of Russian orphans by citizens of the Kingdom of Spain. The article employs the following methods of scientific research: historical, comparative-legal, statistical, and systemic analysis. The relevance of the selected topic is substantiated by the fact the for many years Spain demonstrates consistent interest in this question, ranking second among other countries that adopt children from the Russian Federation. At the same time, the legal and bureaucratic framework for realization of Russian-Spanish cooperation in this field requires improvements. The authors conclude that although the number of adopted Russian orphans by Spanish citizens has dropped in recent years, it is necessary to continue cooperation in this field by improving the existing legislation.

Criminal-Legal Characteristics of Encroachment on the Health, Personal Integrity, Honor and Dignity of a Representative of the Authorities

2021 ◽  
pp. 96-103
Author(s):  
N. Yu. Borzunova ◽  
O. S. Matorina ◽  
E. P. Letunova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Criminal Code ◽  
Personal Integrity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Criminal Legislation

The authors of the article consider the criminal- legal characteristics of crimes against representatives of the authorities, in particular, encroachment with the purpose of causing harm to the health, personal integrity, honor and dignity of a representative of the authorities. The definition of the term “representative of the authorities”is given. The main characteristics of a representative of the government are analyzed. Statistical data on the number of convictions and types of punishments in accordance with the provisions of articles of the Criminal Code of the Russian Federation (Articles 318, 319) are summarized. Examples of judicial practice are considered. The ways of improving the criminal legislation are proposed.

DIRECTION OF THE CASE ON JURISDICTION: PROBLEMS OF LEGAL REGULATION AND FEATURES OF PROCEDURAL REGISTRATION

2021 ◽  
Vol 11 (3) ◽  
pp. 293-315
Author(s):  
D.Yu. VORONIN
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Appellate Courts ◽  
Judicial Practice ◽  
Wide Range ◽  
The Supreme Court ◽  
Universal Approach ◽  
Arbitration Procedure ◽  
The Russian Federation ◽  
The Difference

The paper presents a research of the new legal regulation for such an institute in relation to a regional and equal court, as the referral of a case received in accordance with part 4 of Article 39 of the Arbitration Procedure Code of the Russian Federation to a court of general jurisdiction, which is in jurisdiction to hear a case as it is assigned by law. The absence of procedural legal regulation of this action, which is, in author’s opinion, has an obvious procedural nature, and researched practice general jurisdiction courts demonstrate the uncertainty in implementation of the considered reform. The author analyzes the new procedural institution on the basis of his own vision of a number of procedural norms, as well as scholar works and historical experience. In particular, the author reasoning that the courts are to issue special rulings on the referral of cases received from arbitration to the courts of general jurisdiction. Moreover, the author considers the mechanism for adopting such a judicial act. The article presents a wide range of practical examples of the implementation of considered provision, as well as the difference in the approaches of the appellate courts to assess these implementation practice. In conclusion, the article presents the proposals for further improvement of the regulation of considered issue. Most likely such an improvement will be impossible without the universal approach established by the Supreme Court of the Russian Federation. Such improvements should result in uniform judicial practice, as well as further developments of procedural legislation.

scholarly journals Russian entrepreneurship focused on the principles of the Islamic economy

2020 ◽  
Vol 8 (1) ◽  
pp. 176-180
Author(s):  
Varvara Kul'kova ◽  
Youssef Haitham ◽  
Alexandr Suglobov
Keyword(s):  
Russian Federation ◽  
Citation Index ◽  
Legal Regulation ◽  
Bibliographic Database ◽  
Russian Science ◽  
Scientific Publications ◽  
Russian Science Citation Index ◽  
The Russian Federation ◽  
Fait Accompli ◽  
Further Development

Relevance and purpose. Entrepreneurship in the Russian Federation, focusing in its activities on the implementation of the principles of the Islamic economy, has great potential for implementation in everyday practice and further development. However, insufficient theoretical elaboration of the problem, the lack of terminological unity in the interpretation of definitions, the imperfection of legal regulation and the almost complete absence of the practice of creating and successfully functioning entrepreneurial structures do not allow us to talk about such entrepreneurship as a fait accompli. The purpose of the study is a literary review of bibliographic sources on the Islamic economy, aimed at introducing the terminological certainty of definitions and determining the possibility of using entrepreneurship in the Russian Federation that focuses on the implementation of the principles of the Islamic economy. Methods and materials of the study - cabinet analysis of studies on the Islamic economy presented in the bibliographic database of scientific publications of Russian scientists “Russian Science Citation Index”. Results of the study: the content of the concept of “Islamic economy” is disclosed, the restrictions on the use of the concept of “Islamic business” in the Russian Federation are identified, the concept of “entrepreneurship in the Russian Federation focusing on the implementation of the principles of the Islamic economy” is clarified, the features are identified, the possibilities for its development in of Russia.

scholarly journals Theoretical foundations of the poaching study: problems of legal regulation

2021 ◽  
Vol 937 (2) ◽  
pp. 022031
Author(s):  
I L Tretyakov ◽  
Yu B Shubnikov ◽  
E D Guseinova ◽  
G A Agayev
Keyword(s):  
Russian Federation ◽  
International Organizations ◽  
Statistical Data ◽  
State Level ◽  
Legal Regulation ◽  
Federal Districts ◽  
The Russian Federation ◽  
Far Eastern ◽  
Illicit Trafficking ◽  
Theoretical Foundations

Abstract The paper is concerned with theoretical and practical aspects of the poaching phenomenon as national and transnational environmental crime. It critically examines Russian legislation on the use of biological resources in general and countering poaching in particular and presents a review of research con-ducted internationally and in Russia as well as statistical data provided by international organizations and state bodies of the Russian Federation. It also defines the concept of poaching and its legal characteristics, highlights key challenges to countering poaching both within Russia and at the transnational level. Particular emphasis is placed on poaching across the Russia-China border adjacent to the Far Eastern and Siberian Federal Districts which ac-count for the rarest flora and fauna species in Russia. The paper outlines challenges to regulating federal anti-poaching legislation and current pitfalls in combating illicit trafficking of species at the state level. It considers op-posing viewpoints of researchers engaged in this field, their strengths and weaknesses, and suggests possible solutions to the identified problems. The paper concludes that methods of combating poaching are still underdeveloped and require certain legislative improvements at the level of national legislation and international cooperation.л.

Some Aspects of Organized Crime in the Transport Sector in Russian Federation

2020 ◽  
Vol 3 ◽  
pp. 79-87
Author(s):  
N. V. Kolesnikova ◽  
◽  
E. A. Nepomnyaschaya ◽  
O. V. Morozova ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Organized Crime ◽  
Statistical Data ◽  
The State ◽  
Transport Sector ◽  
Development Trends ◽  
Judicial Practice ◽  
The Russian Federation

On the basis of the analysis of statistical data, materials of investigative and judicial practice, the authors analyzed the state of organized crime in the Russian Federation in the transport sector, identified the characteristic modern features and development trends.

Questions of employment of convicts to corrective works

2019 ◽  
pp. 76-81
Author(s):  
Анна Владимировна Мусалева
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Statistical Data ◽  
Legal Regulation ◽  
Place Of Residence ◽  
Professional Activities ◽  
The Russian Federation ◽  
The Right

Статья посвящена наказанию в виде исправительных работ. На сегодняшний день существуют проблемы в правоприменительной практике, обусловленные, в том числе пробелами в законодательстве. На основе анализа обзоров статистических данных по назначению и исполнению данного вида наказания и практики его применения автор приходит к выводу, что существует ряд проблем при реализации исправительных работ при трудоустройстве осужденных, которые можно подразделить на две группы: первая, связанная с исполнением наказания, например, отсутствие разрешения у осужденных иностранных граждан на осуществление в Российской Федерации профессиональной деятельности; вторая - определяющая отбывание наказания, например, отсутствие правовой регламентации ответственности осужденного за нарушения порядка и условий отбывания наказания. В связи с этим автор предлагает пути совершенствования законодательства в области исполнения и отбывания исправительных работ. The article is devoted to punishment in the form of correctional labor, since today there are problems in law enforcement practice, due, inter alia, to gaps in legislation. Based on the analysis of statistical data on the appointment and execution of this type of punishment and the practice of its application, the author comes to the conclusion that there are a number of problems in the implementation of correctional work, which can be divided into two groups. The first group associated with the execution of this type of punishment: the lack of permission of convicted foreign citizens to carry out professional activities in the Russian Federation, for changing their place of residence; the lack of convicts to correctional labor the right to parole; the second-determining the serving of punishment: the lack of legal regulation of the responsibility of the convicted person for violations of the order and conditions of serving punishment. In this regard, the author suggests ways to improve legislation in the field of execution and serving of correctional labor.

scholarly journals Sources of Formation of Legal Positions of Russian Highest Judicial Bodies

2021 ◽  
pp. 130-142
Author(s):  
Mariia Viktorovna Globa
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Legal Method ◽  
The Supreme Court ◽  
The Russian Federation

The present study is devoted to determining the place and role of legal positions of higher judicial bodies of Russia (judicial legal positions) in the mechanism of legal regulation. Let us specify in advance that the author means the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation (taking into account the 2014 amendments made to the legislation concerning the liquidation of the Supreme Arbitration Court of the Russian Federation) as the higher judicial bodies of Russia. Establishing the meaning and role of judicial legal positions in the mechanism of legal regulation is carried out by the author of this study through the analysis and demonstration of the main sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation. In this regard, the author of this work identifies as sources of formation of judicial legal positions: legal and non-legal. Non-legal sources of formation of legal positions of the highest courts of Russia differ from the legal ones in the fact that initially they do not have material expression, exist in the abstract, however, have no less importance for the process of formation of judicial legal positions. To the legal sources of creating legal positions of the highest judicial bodies of Russia the author includes: formal sources of law, current legal practice, legal doctrine. As non-legal sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation are: the inner conviction of a judge and professional legal consciousness of a judge. The author of this scientific research consistently reveals the importance and role of each source of formation of judicial legal positions. The conducted study of the most significant sources of formation of judicial legal positions allowed to better understand the place of legal positions of higher courts of Russia in the legal system and their role in legal regulation, which is reduced not just to the interpretation of judicial acts, but also to the formation of new legal provisions, which ultimately form a uniform judicial practice. Methodological basis of the study consisted of: analysis, synthesis, comparative-legal method, deduction, induction and other ways of knowledge used in science. Scientific conclusions and proposals contained in this work may serve as a basis for further theoretical study of the problems of judicial legal positions and used in the activities of legislative and law enforcement bodies.

scholarly journals Preventive law: concept, structure and content

2020 ◽  
pp. 39-50
Author(s):  
Irina Vladimirovna Polikarpova ◽  
Olesya Viktorovna Zaitseva
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Educational Impact ◽  
Law Enforcement Agencies ◽  
Scientific Publications ◽  
Preventive Activity ◽  
The Subject ◽  
The Russian Federation ◽  
Preventive Law

The subject of this research is the federal and regional legislation that regulate preventive activity of law enforcement agencies, monographic studies of the leading Russian criminologists, as well as scientific publications discussing the concept, structure and content of preventive law. The object of this research is social relations formed in the process of implementation of norms that regulate the activity on crime prevention. The goal consists in examination of the content of preventive law for the explicating the detailed structure of this branch of legislation. This article is first within the national criminology to propose an original perspective on the preventive law as an independent branch of legislation. Based on the analysis of normative sources regulating the activity in the area of prevention of offences, the author determines the criteria for their classification:  1) by legal force, 2) by territorial scope of actions, 3) by subject of legal regulation, 4) depending on the role in legal regulation. The conclusion is substantiated on the need to systematize preventive law in form of a codified normative act – the Code on Prevention of Offenses in the Russian Federation, which should be aimed only at preventive regulation. The structure of this code is offered. In the authors’ opinion, the system of preventive law is a unified legal complex consisting of legislation of the Russian Federation, its constituent entities, as well as normative bylaws that regulate preventive legal relations that emerge prior to commission of offense, and for determination and elimination of the factors that conduce commission of offenses, as well as have educational impact upon persons in order to prevent commission of offenses or antisocial behavior.

scholarly journals Administrative-Legal Issues of the Movement of Detained Vehicles To a Specialized Parking Lot and Their Storage

2021 ◽  
Vol 18 (2) ◽  
pp. 164-174
Author(s):  
V. B. Bashurov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Service Providers ◽  
Legal Regulation ◽  
Parking Lots ◽  
Judicial Practice ◽  
Parking Lot ◽  
The Subject ◽  
The Russian Federation ◽  
Selection Of

The subject of the study is the norms of the legislation of the Russian Federation on administrative offenses, which establish the powers of the subjects of the Russian Federation to determine the procedure for moving detained vehicles to a specialized parking lot and storing them. The object of the study is public relations related to the organization of the activities of service providers for the movement and (or) storage of detained vehicles, as well as the selection of these service providers. Within the framework of the article, the Author presents an analysis of federal and regional legislation in terms of the implementation of powers by public legal entities in this area of relations. The problems of the implementation of federal legislation, as well as the main approaches, similarities and differences of the "advanced" legal regulation of the relations under consideration at the level of the subjects of the Russian Federation are noted. The existing legislative models for involving local self-government bodies in the exercise of the authority to organize specialized parking lots for the storage of detained vehicles are analyzed. In the research paper, the Author presents options for determining the performers of services for the movement and (or) storage of detained vehicles, analyzes the legal grounds for the implementation of each of them, taking into account the existing law enforcement, including judicial practice. For the purpose of unified legal regulation of relations on the movement and (or) storage of detained vehicles, aimed at implementing measures to ensure the proceedings in the case of an administrative offense in the form of detention of a vehicle, the Author formulated proposals for the legislative consolidation of the federal authorities of the authority to determine the procedure for selecting performers of services for the movement and (or) storage of detained vehicles. To ensure equal opportunities for economic entities to carry out activities in the market of services for the movement and (or) storage of detained vehicles, the Author proposed, within the framework of the above procedure, to determine the requirements for the performers of these services, as well as the criteria for their competitive selection. At the same time, the paper substantiates the need for mandatory application of the territorial criterion for the selection of performers of these services for the movement and (or) storage of detained vehicles, taking into account not only the boundaries of the relevant municipality, but also the distance of specialized parking lots from socially significant objects.

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