86. On the Complaint of the Limited Liability Company National Commercial Bank Concerning the Violation of the Constitutional Rights of Citizens by Points 2 and 3 of the First Part of Article 11 of the Law of the Russian Federation “On the Federal Bodies of the Tax Police”

2001 ◽  
Vol 37 (6) ◽  
pp. 65-70
Keyword(s):  
Commercial Bank ◽  
Russian Federation ◽  
Limited Liability ◽  
Constitutional Rights ◽  
Limited Liability Company ◽  
The Russian Federation ◽  
The Law

scholarly journals TO THE QUESTION OF THE VALUE OF THE CONSTITUTION AGREEMENT WHEN CREATING A LIMITED LIABILITY COMPANY

2020 ◽  
Vol 5 (3(72)) ◽  
pp. 35-38
Author(s):  
O.A. Brauzman
Keyword(s):  
Russian Federation ◽  
Limited Liability ◽  
Limited Liability Company ◽  
The Russian Federation ◽  
Legislative Changes

In the article, the author examined the legislative changes in the number of constituent documents when creating a limited liability company in the Russian Federation. The author has analyzed the provisions of such documents as, memorandum of association, foundation agreement and charter. As a result of consideration of the value of the memorandum of association, the author concluded that the legislative changes introduced are appropriate

On the issue of the right to provide legal assistance

2017 ◽  
Author(s):  
Лев Бардин ◽  
Lev Bardin
Keyword(s):  
Russian Federation ◽  
Limited Liability ◽  
Good Alternative ◽  
Constitutional Court ◽  
Legal Assistance ◽  
The Status ◽  
The Russian Federation ◽  
The Law ◽  
Administrative Proceedings ◽  
The Right

The law establishes that representatives in the courts can be both lawyers and other persons providing legal assistance, as well as legal representatives. The Constitutional Court in its Resolution No. 15-P of 16.07.2004 indicated that representatives of legal entities in arbitration proceedings can be any person. But in accordance with Item II (A) (a) of the List of Specific Obligations of the Russian Federation for Services Included in Annex I to the Protocol of 16 December 2011 "On the Accession of the Russian Federation to the Marrakesh Agreement on the establishing of the WTO", only those who received the status Lawyer in accordance with Russian law, has the right to represent in criminal courts and Russian arbitration courts, as well as act as a representative of organizations in civil and administrative proceedings and proceedings on cases of administrative violations. Appropriate legislative changes are needed. The law states that the use of the terms "advocacy", "lawyer", "lawyer's chamber", "lawyer’s entity" in the names of organizations is allowed only by lawyers. Every year, Russia's tax inspections register dozens of organizations set up by non-layers, illegally including the above terms in their names. The law should provide not only prohibitions, but also sanctions for violation of these prohibitions. Collegiums of advocates often include the phrase "partners" in their names. But lawyers - members of the board are not partners and do not sign partnership agreements. Partners can not be among the governing bodies of the collegium . The application by collegiums of lawyers of the rules provided for non-commercial partnerships by the Federal Law "On Non-Profit Organizations" in the part of partners is illegal. Only lawyers can establish a lawyer’s bureau and conclude a partnership agreement. But in practice in lawyer’s bureau, persons who do not have the status of a lawyer become partners. In other countries, in associating lawyers limited liability partnerships, along with partners, there are "associates". The introduction of such "associates" in our lawyer’s bureau will be a good alternative to attempts to include commercial organizations in the composition of lawyer entities.

scholarly journals Comparative study of crimes of deliberate non-payment of wages in the Criminal Codes of China and Russia

2021 ◽  
pp. 159-162
Author(s):  
Kai Xu
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Constitutional Rights ◽  
People's Republic Of China ◽  
Employment Contract ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Law ◽  
The Right ◽  
To Receive

The phenomenon of malicious non-payment of wages is widespread in all countries of the world, maybe it is especially serious in China, it has attracted a lot of attention from the Party (CPC) and the Chinese government. Under conditions when the solution of this issue through civil and administrative methods is not very effective, the Chinese legislative bodies, under the leadership of offi cials, fi nally decided to use the intimidating power of criminal punishment to solve this problem, which has tormented the government for many years.Article 41 “Amendments to the Criminal Code (8) of the People’s Republic of China” states: After article 276 of the Criminal Law, an article is added as one of the articles 276: Evasion of payment of wages to workers by transferring property, escape, etc. Or those who are able to pay, but do not pay wages to employees in the case when the amount is relatively large, and the relevant government departments order the payment of wages, but still cannot pay, are punished with imprisonment for up to 3 years or arrest, and additionally or as an independent punishment — a fi ne; Persons who have committed the same violations that have entailed serious consequences are punished with imprisonment for a term of 3 to 7 years and additionally with a fi ne. If the crime mentioned in the fi rst part of this article was committed by an organization, a fi ne is applied to the organization, and the directly responsible heads of the organization and other directly responsible persons are punished in accordance with the fi rst part of this article. The acts provided for in the fi rst and second parts of this article, which did not entail serious consequences, in which the employee’s salary for work is paid before the charge is brought and appropriate compensation is accepted in accordance with the law, then the punishment may be commuted or released. Article 276 of the Criminal Code provides for the crime of causing harm to production and economy, which belongs to this chapter crime against property (Chapter 5 of the special part of the Criminal Code). Therefore, the crime of malicious non-payment of wages is a crime against the property of citizens (employees).Due to the fact that the Chinese Constitution does not provide that citizens have the right to receive remuneration, only the Labor Legislation states: that Workers have the right to equal employment and choice of profession, the right to receive wages for work ... In view of this, that from the point of view of legal relations, based on both the Labor Law and the Law on the Employment Contract, the effect of non-payment of wages only occurred between the employee and the employer. According to the employment contract, disputes arising when, after the employee has fulfi lled the contract, but the employer does not pay him wages in accordance with the contract.The Criminal Code of the Russian Federation provides for crimes of non-payment of wages, pensions, scholarships, allowances and other necessary payments in chapter 19 “crimes against the constitutional rights and freedoms of man and citizen” of section VII “Crimes against the person”. Bringing together the above, the rights to pay for work, receive state pensions and social benefi ts, etc., protected by the Criminal Code of the Russian Federation, are constitutional rights. And also, they are specifi ed in Article 2 of the Constitution of the Russian Federation a person, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state, specifi ed in the Criminal Code of the Russian Federation.In China, when criminalizing the action of non-payment of wages, the most fundamental issue that needs to be resolved is to have a basis of justice, that is, to introduce "income from labor" into the Constitution of the People’s Republic of China, which provides for the basic rights of a citizen. At the same time, it is necessary to amend the chapter related to “crimes against the rights of the individual and the democratic rights of citizens in the Criminal Code,” and to amend the “crime against constitutional rights,” as well as the chapter includes “crimes of non-payment of wages, scholarships, pensions and benefi ts”, but should not be included in chapter 5 “crime against property”.As a result, a comparison of the criminal code between the two countries China and Russia on the crime of malicious non-payment of wages shows that there are contradictions and problems in Chinese legislation, and the political signifi cance of the legislation far exceeds the legal signifi cance, which will directly affect its application in judicial practice.

scholarly journals COMPARATIVE LEGAL ANALYSIS OF THE PROCEDURE FOR ESTABLISHING A COMPANY WITH A LIMITED LIABILITY UNDER THE LEGISLATION OF THE RUSSIAN FEDERATION AND THE FEDERAL REPUBLIC OF GERMANY

2020 ◽  
Vol 5 (3(72)) ◽  
pp. 39-43
Author(s):  
O.A. Brauzman
Keyword(s):  
Federal Republic ◽  
Russian Federation ◽  
Limited Liability ◽  
Federal Republic Of Germany ◽  
Limited Liability Company ◽  
Legal Analysis ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
A Company

The article considers the possibility of borrowing the provisions of the legislation of the Federal Republic of Germany in relation to the institution of a limited liability company in the legislation of the Russian Federation. The author has considered all the legislatively established stages of the establishment of a company in comparison with domestic legislation and concluded that it is advisable to improve Russian legislation by borrowing the considered provisions on the establishment of a company under the laws of the Federal Republic of Germany.

scholarly journals On the new standard of court authorization of investigative actions that restrict the constitutional rights of citizens

2021 ◽  
Vol 2021 (4) ◽  
pp. 48-54
Author(s):  
Sergey Grachev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Court Decision ◽  
Constitutional Rights ◽  
The Russian Federation ◽  
The Law ◽  
Constitutional Right ◽  
Action Taking

The article analyzes the essence and content of the petition of the investigating authorities to the court for permission to conduct an investigative action and the court decision adopted on its basis. It is concluded that the specified procedural documents do not specify the specific constitutional rights of a citizen, which may be restricted during the investigative action. Taking into account this circumstance, the inconsistency of the requirements of the Code of Criminal Procedure of the Russian Federation and the law enforcement practice developed on its basis with the requirements of the Constitution of the Russian Federation, according to which the restriction of any constitutional right should be carried out on the basis of a court decision or with subsequent notification of the court about the investigative action. It is proposed to adhere to the procedure of judicial authorization in all cases of restriction of the constitutional rights of citizens.

Vindication of Contribution to Chartered Capital during the Creation of a Corporation (LLC)

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Dmitriy Loryents
Keyword(s):  
Russian Federation ◽  
Limited Liability ◽  
Scientific Work ◽  
Limited Liability Company ◽  
Legal Entity ◽  
Economic Entity ◽  
Bona Fide ◽  
The Will ◽  
The Russian Federation ◽  
State Registration

This scientific work analyzes the characteristics of vindication of specific things that are contributed to the Chartered capital of a Limited Liability Company (LLC). The author critically assesses the doctrinal and judicial positions in relation to the commutative nature of contributions to the Chartered capital. The non-gratuitous nature of the contribution acquisition is artificial and unusual. The economic entity doesn’t provide the founder with the share in the Chartered capital as it does not possess it. The share is acquired by the founder by virtue of law in connection with the LLC state registration and is a converted contribution. In the light of the civil legislation reform in the Russian Federation and with regard to the English law particular attention is paid to understanding the bona fide of a legal entity through the behavior of its head. Under certain circumstances, it’s not reasonable to regard the head’s evil conscience as the will of the company. In case of a claim for the recovery of contributions to the Charter capital prior to the state registration of the Corporation in the register, the claim should be reported directly to the contributed assets, which are advisable to position as an “unused” contribution. The court must suspend the case until the establishment of a legal entity.

scholarly journals LOCAL SELF-GOVERNMENT: PRACTICE OF ELECTORAL LEGISLATION ENFORCEMENT

2018 ◽  
Vol 1 (4) ◽  
pp. 96-111
Author(s):  
Alexander Butakov
Keyword(s):  
Russian Federation ◽  
City Council ◽  
Constitutional Rights ◽  
Federal Law ◽  
Analysis And Synthesis ◽  
Scope Of Application ◽  
The Subject ◽  
The Russian Federation ◽  
The Law ◽  
The Right

The subject. The article presents a special study of the law enforcement practice of electoral legislation made by a court of various instances in the process of elections to the Omsk City Council of the sixth convocation held on September 10, 2017. The collision arises between the enforcement of federal and regional legislation is analyzed in the article.The purpose of the article is to find the ways of solving the conflict that arose during thr enforcement of federal and regional legislation regarding the verification procedure of voter’s signature.The methodology. The methods of analysis and synthesis are used. The focus of the scientific analysis concerns the courts decisions.The results, scope of application. In the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation” of June 12, 2002, No. 67-FZ, the last paragraph of par. 8 of art. 37 fixes a set of issues established by the law of a sub-sovereign entity of the Russian Federation in holding the elections to a representative body of local self-government. In 2003, the regional law No. 456-OZ “On Elections to Local Self-Government Bodies of the Omsk Region” was passed, in which issues referred to the jurisdiction of the subject of the Russian Federation in the last paragraph of par. 8 of art. 37 of Federal Law No. 67, were not confirmed, especially with regard to the consolidation of the verification order of voters' signatures and grounds for recognition these signatures invalid, and (or) invalidated. At the same time, the Federal Law “On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies” No. 138-FZ of November 26, 1996, which in par. 2 of art. 1 "registered" the mechanism of its application in case of unsettledness, even with regard to the right to elect and be elected to the bodies of local self-government by the law of that body.The nsettledness concerns the verification order of authenticity of voters' signatures in candidacy lists when nominating candidates for representative bodies of local self-government.Conclusion. The article considers the sequence of solving this problem by the courts of the first, appellate and cassation instances, as a result of which the essence of the collision does not find its material and procedural solution, still remaining a gap both in the legislation and in the activities of federal control and supervisory bodies.

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