Geographical Indications in Russia: Federal Law 230-FZ of 26 July 2019

2021 ◽  
Author(s):  
Natalia Kapyrina ◽  
Viacheslav Rybchak

Abstract Federal Law 230-FZ of 26 July 2019 modifying Part Four of the Civil Code of the Russian Federation and Arts. 1 and 231 of the Federal Law ‘On State Regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limitation of the consumption (drinking) of alcoholic products’

Author(s):  
Irina Damm ◽  
Aleksey Tarbagaev ◽  
Evgenii Akunchenko

A prohibition for persons holding government (municipal) positions, for government (municipal) employees, and some other employees of the public sphere who are public officials to receive remuneration (gifts) is aimed at preventing bribery (Art. 290, 291, 291.2 of the Criminal Code of the Russian Federation), and could be viewed as a measure of anti-corruption criminological security. However, the existing collisions of civil, administrative and criminal law norms that regulate this prohibition lead to an ongoing discussion in research publications and complexities in practice. The goal of this research is to study the conditions and identify the problems of the legal regulation of receiving remuneration (gifts) in connection with the performance of official duties that prevent the implementation of anti-corruption criminological security. The authors use the legal theory of security measures to analyze the provisions of Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation and Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», examine the doctrinal approaches to defining the priority of enforcing the above-mentioned norms, study the significant features of the category «ordinary gift» and conduct its evaluation from the standpoint of differentiating between gifts and bribes, also in connection with the criteria of the insignificance of the corruption deed. The empirical basis of the study is the decisions of courts of general jurisdiction. The authors also used their experience of working in Commissions on the observance of professional behavior and the resolution of conflicts of interests at different levels. The conducted research allowed the authors to come to the following fundamental conclusions: 1) the special security rule under Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», which sets a full prohibition for government employees to receive remuneration (gifts) in connection with the performance of official duties, contradicts Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation (the existing legal-linguistic vagueness of categories in Art. 575 of the CC of the RF leads to problems in law enforcement and makes a negative impact on the anti-corruption mentality of people); 2) as the concepts «gift» and «bribe» do not logically intersect, the development of additional normative legal criteria for their delineation seems to be unpromising and will lead to a new wave of scholastic and practical disagreements; 3) the introduction of a uniform and blanket ban on receiving remuneration (gifts) in the public sphere by eliminating Clause 3, Part 1, Art. 575 of the CC of the RF seems to be an effective measure of preventing bribery, and its application is justified until Russian society develops sustainable anti-corruption mentality.


2020 ◽  
Vol 3 ◽  
pp. 21-28
Author(s):  
Z.A. Usoltseva ◽  

The article considers the current pre-trial (extrajudicial) procedure for considering disputes and disagreements arising from the tariff setting. Several provisions of the draft Federal Law «On the Fundamentals of State Regulation of Prices (Tariffs)» prepared by the Federal Antimonopoly Service of Russia are analyzed, and the relevant amendments to this draft, as well as to the Code of Administrative Proceedings of the Russian Federation, are proposed. The article substantiates the expediency of legislative establishment of the obligatory pre-trial procedure for the consideration of cases on contestation of regulatory legal acts establishing tariffs (prices) by specialized departments of the Federal Antimonopoly Service of Russia.


10.12737/2577 ◽  
2014 ◽  
Vol 2 (3) ◽  
pp. 27-33
Author(s):  
Владимир Андреев ◽  
Vladimir Andryeyev

In article according to standards of the Federal law of July 2, 2013 No. 142-FZ “On modification of subsection 3 of the section I of part one of the Civil Code of the Russian Federation” are studied a being of the intangible benefits and their protection. Properties of the intangible benefit as right subject form of the person and citizen, other than a common property right are established. Classification of the intangible benefits is given, specific ways of their protection are considered.


Author(s):  
A. N. Golomolzin

The article discusses the history, current experience and prospects of tariff regulation in Russia, the initiative of the FAS of Russia to develop and implement the Strategy of a new tariff policy, the adoption of the Federal law «On the basis of state regulation of prices (tariffs)»,the tasks of the tariff regulator for the development of the economy, arising from the Decree of the President of the Russian Federation of December 21, 2017 № 618 and related problems of synergy of competencies, innovation of tariff policy 2015-2017, features and prospects of changes in the current models of tariff regulation of the main natural monopolies of the country.Addressed to researchers, teachers, graduate students and students of law and economic universities, legislator, law enforcement agencies specializing in the regulation of natural monopolies.


Author(s):  
I. V. Bashlakov-Nikolaev

The key aspects of the draft federal law “On the fundamentals of state regulation of prices (tariffs)” submitted by FAS Russia to the Government of the Russian Federation on June 8, 2021 following the discussion of this draft law by the working group on the implemen- tation of the “regulatory guillotine” mechanism were considered.This draft law is an attempt to form the general part of the tariff legislation of the Russian Federation.The article also discusses an alternative model for regulating issues related to the setting of prices (tariffs) — the codification of tariff legislation, which would take into account both general and specific or industry-specific components of tariff regulation.As the most preferable solution to the problems considered in the article, the author proposes the simultaneous codification of competitive and tariff regulation, the result of which should be the simultaneous adoption of the Competition Code and the Tariff Code of the Russian Federation.


2015 ◽  
Vol 3 (3) ◽  
pp. 17-23
Author(s):  
Фёклин ◽  
Sergey Feklin

Federal law of 31.12.2014 № 500-FZ “On Amending Parts of Certain Legislative Acts of the Russian Federation» has significantly changed State regulation of education in the frame of Federal law of 29.12.2012 № 273-FZ “On Education in the Russian Federation”. Federal law of 29.12.2012 № 273-FZ “On Education in the Russian Federation” has been amended to optimize the following procedures: – State accreditation of educational activity; – System of actions taken by education control and supervision organs towards educational institutions, bodies of state power of the subjects of the Russian Federation conducting governmental management of education, bodies of local self-government conductingmanagement of educationbased on the results of inspection of federal government oversight of education and federal government control of education quality; – Distribution and control figures of admission for professions, programs, majors and (or) groups of professions, programs, majors. The article explicitly generalizes, explains and comments on questions coming from the bodies of state power of the subjects of the Russian Federation exercising the authority of state control (supervision) of education. The author covers procedural issues of control and supervision as a matter of education legislation effective since 11.12.2015. Article consists of detailed answers to questions.


2016 ◽  
Vol 14 (4) ◽  
pp. 32 ◽  
Author(s):  
Tatiana V Matveeva ◽  
Mahboobe Azarakhsh

Summary: In July 2016 the State Duma adopted the Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation in terms of improving the state regulation in the field of genetic engineering” (03.07.2016 N 358-FL). This review is devoted to the analysis of Article 4 of the Act, namely the discussion of what GMOs may be authorized for cultivation and breeding in Russia.


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