Administrative and legal protection of the rights and legitimate interests of citizens in the field of defense and security of the Russian Federation

2021 ◽  
Author(s):  
Yuliya Fedotova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
State Control ◽  
Functional Characteristics ◽  
Wide Range ◽  
Legitimate Interests ◽  
The Russian Federation

The monograph is devoted to the administrative and legal protection of the rights and legitimate interests of citizens in the field of defense and security of the Russian Federation. The mechanism of administrative and legal support of defense and security and the administrative and legal status of citizens as subjects of this activity are disclosed. The author's vision of the concept and content of administrative and legal protection is justified, the functional characteristics of the powers of state authorities are given, and the specifics of state control in this area are indicated. It is intended for students, cadets, postgraduates, teachers, practitioners, as well as a wide range of readers interested in the problems of ensuring defense and security.

scholarly journals Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status

2020 ◽  
Vol 6 ◽  
pp. 22-25
Author(s):  
Ekaterina E. Lekanova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Minor Parent ◽  
The Family ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian ◽  
Family Code

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.

Legal status of convicts without isolation from society in the context of international legal standards

2020 ◽  
pp. 8-20
Author(s):  
Алла Липаритовна Агабекян
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
Legal Status ◽  
Penal Code ◽  
International Standards ◽  
Legal Standards ◽  
Contractual Relationship ◽  
Probation Service ◽  
Legitimate Interests ◽  
The Russian Federation

Рассматривается проблема определения содержания правового статуса осужденных к наказаниям, не связанным с изоляцией от общества. Анализируется эволюция прав, свобод, законных интересов и обязанностей осужденных, содержащихся в международных стандартах об альтернативах лишению свободы. Предложено с учетом отдельных диспозитивных начал в международных стандартах предусмотреть возможность установления договорных отношений между государством в лице службы пробации и осужденным, которые бы регулировали расходы, связанные с отбыванием наказания. В статье содержится критический анализ положения российского уголовно-исполнительного законодательства о полном запрете подвергать медицинским и иным опытам. Отмечаются недостатки, препятствующие нормальной реализации альтернатив лишению свободы. Автором высказаны суждения относительно возможности включения в Уголовно-исполнительный кодекс Российской Федерации новых прав осужденных без изоляции от общества. The problem of determining the content of the legal status of persons sentenced to punishments not related to isolation from society is considered. The article analyzes the evolution of rights, freedoms, legitimate interests and obligations of convicts contained in international standards on alternatives to imprisonment. It is proposed, taking into account certain dispositive principles in international standards, to provide for the possibility of establishing a contractual relationship between the state represented by the probation service and the convicts, which would regulate the costs associated with serving the sentence. The article contains a critical analysis of the provision of the russian penal legislation on the complete prohibition to subject to medical and other experiments. There are shortcomings that prevent the normal implementation of alternatives to deprivation of liberty. The author makes judgments about the possibility of including new rights of convicts without isolation from society in the Penal Code of the Russian Federation.

scholarly journals Implementation of FATF approaches to the regulation of virtual assets in the legislation of the Russian Federation: development prospects

2020 ◽  
pp. 138-147
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Negative Impact ◽  
Legal Regulation ◽  
Financial Assets ◽  
Federal Law ◽  
Monetary System ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
Development Prospects

The emergence and dissemination of digital values, and, above all, cryptocurrencies, necessitated their legal regulation. The article analyzes the basic FATF requirements to the legal regulation of virtual assets. The article discusses legislative novelties that enshrine the legal status of utilitarian digital rights, as well as the main provisions of the draft federal law “On Digital Financial Assets”, which is currently being discussed in the State Duma of the Federal Assembly of the Russian Federation. Particular attention is paid to the approaches to the legal regulation of cryptocurrencies. The risks arising from the legal circulation of cryptocurrencies are identified and systematized. It is concluded that deciding on the legalization of cryptocurrency requires provision of mechanisms protecting the rights and legitimate interests of its owners as well as mechanisms preventing possible negative impact of cryptocurrency on the state’s monetary system.

scholarly journals On the Question of the Investigator’s Algorithm of Actions During the Interrogation of Foreign Nationals Involved in Criminal Proceedings as Victims

Legal Concept ◽  
2020 ◽  
pp. 123-127
Author(s):  
Anna Zemskova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Negative Impact ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Foreign Nationals ◽  
Legitimate Interests ◽  
The Russian Federation

Introduction: the paper discusses some features of the techniques of interrogating foreign nationals participating in criminal proceedings as victims. The goal is to analyze the problems that arise in connection with the participation of foreigners in the investigation, and develop tactical and psychological and organizational and legal measures to minimize the negative impact on the investigation of problematic circumstances. Using the method of system analysis, various investigative situations were considered and the suggestions were made for organizing an investigation based on the example of questioning foreign nationals involved in criminal proceedings as victims. Conclusions: in practice, for the investigator and inquiry officer, the participation of a foreigner in the criminal process creates the need for additional organizational measures, the list of which, on the example of conducting an interrogation of the victim, is given in the paper. The effectiveness of the investigation of crimes involving foreign citizens will largely depend on the competence of the investigator in applying the provisions of the migration legislation of the Russian Federation. The conflict – free situation of interrogation of the injured foreign citizen and other investigative actions with his participation-more favorable for the investigator, as a rule, occurs only in the case of the legal status of a foreign citizen in the Russian Federation. The use of this algorithm of actions by the investigative bodies can guarantee the rights of foreign nationals involved in criminal proceedings as victims, protect their legitimate interests and conduct an effective investigation.

scholarly journals Cryptocurrencies: Legal and Shadow-Criminal Aspects of Turnover

2019 ◽  
Vol 13 (6) ◽  
pp. 884-894
Author(s):  
Victoria Dorofeeva ◽  
Lyudmila Kaverzina ◽  
Dmitriy Zhmurov ◽  
Tatyana Krasnova ◽  
Valeriy Burakov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Partial Substitution ◽  
Market Regulation ◽  
Virtual Currency ◽  
General Terms ◽  
Multiple Risks ◽  
Foreign Countries ◽  
The Russian Federation

The authors enumerate and analyze key challenges that global financial and legal systems face in connection with the introduction of cryptocurrency. They present definitions of cryptocurrency used in international and Russian practice. The authors also study the court practice on crimes involving the use of bitcoins and examine the approaches to determining the legal status of cryptocurrency in foreign countries and in the Russian Federation. It is stated that at present the international regulatory practice lacks a common universal document that would regulate the use of digital (electronic) currencies. At the same time, a considerable number of foreign countries have already worked out their attitudes to virtual currency — ranging from the absolute prohibition of all operations to stimulating mining and payments in cryptocurrencies. The authors identify five key approaches to regulating the market of cryptocurrencies in international practice. They outline multiple risks connected with the partial substitution of official means of payment by cryptocurrencies. It is stated that in our country cryptocurrencies and operations involving them are now beyond the scope of law because cryptocurrencies are not recognized as an object of legal protection. However, a number of draft laws that regulate the issue and turnover of «virtual assets» are to be adopted in the near future. The authors identify key prerequisites for the use of effective regulatory approaches to operations with cryptocurrencies and the directions for the creation of a normative legal base for such operations in the Russian Federation. It is important to take measures and prevent the use of cryptocurrencies for the financing of criminal activities and terrorism. The authors use the analysis of the normative legal basis of the Russian Federation, existing theories and their own considerations to recommend an introduction of a favorable regime of cryptocurrency market regulation by implementing the best international practices whose essence (in general terms) is reflected in the clauses of this article.

scholarly journals Joint-stock companies as an object of public control in the Russian Federation

2020 ◽  
pp. 102-111
Author(s):  
Konstantin Valer'evich Vostrikov ◽  
Yatsek Zalesny ◽  
Ivan Sergeevich Pavlov ◽  
Sergei Vital'evich Skladchikov ◽  
Denis Dmitrievich Oblogin ◽  
...  
Keyword(s):  
Civil Society ◽  
Russian Federation ◽  
Public Authorities ◽  
Public Control ◽  
Wide Range ◽  
Original Definition ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
State And Local ◽  
Definition Of

This article is dedicated to the study of possibility of attribution of the joint-stock companies to the objects of public control in the Russian Federation. The authors believe that the institution of public control manifests as the key legal guarantee for the implementation, protection and defense of the constitutional principles of democracy and public participation in administration of state affairs. However, the implementation of this civil society institution is accompanied by numerous problems, one of which is the definition of the concept and the list of objects of public control. In this regard, the authors explore various approaches towards the question of attribution of joint-stock companies to objects of public control. The article formulates and substantiates the original definition of the concept of “public authorities”, which imply not only authority of the state and local self-governance, but also as the combination of such rights of separate subjects of law, the realization of which directly affects the mechanism of implementation, observation, protection and defense of the rights, freedoms and legitimate interests of a wide range of citizens of the Russian Federation, foreign citizens, stateless persons, legal entities, as well as public authority bodies, including local self-governance. Therefore, it appears that joint-stock companies should be classified as a variety of the objects of public control. However, the possibility of organization and implementation of public control over their activity requires introducing certain amendments to the current legislation.

scholarly journals Is It Needed to Criminalize Abuses in the Field of International Sports?

2018 ◽  
Vol 5 (1) ◽  
pp. 102-114
Author(s):  
S V Maksimov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Code ◽  
Political Rights ◽  
State Sector ◽  
Administrative Functions ◽  
Legitimate Interest ◽  
Legitimate Interests ◽  
The Russian Federation

In the article, a thorough analysis of legislation in the sphere of sport regulation is carried out; The status of the organizers of international official sports competitions is explored in detail. Particular attention is paid to the IOC. The author broadly describes the structure of the IOC administration, the powers of the IOC governing bodies, addresses the issue of the fairness of IOC referring to non-profit organizations, indicating high profitability from international Olympic activities, as well as sole ownership and disposal of the Olympic property. Attention is also drawn to the specific status of the IOC as a pseudo-judicial body.Further in the article questions of a legal status of participants of the legal relations arising in connection with carrying out of the official international sports competitions are mentioned. It is concluded that the provisions of the Olympic Charter contradict the UN International Covenant on Civil and Political Rights of 1966, which prohibits any discrimination on any grounds. The deprivation of the citizen’s right to know about the reasons for the refusal to realize the legitimate interest, in the author’s opinion, is a specific form of abuse of the law.The problem of criminal liability for abuse of persons performing administrative functions in international organizations, in the sphere of organizing and organizing international sports competitions is raised. It is proved that the current Criminal Code of the Russian Federation and its art. 184, 201, 230.1, 230.2 do not fully protect the rights and legitimate interests of stakeholders, which is also confirmed by the fact that the extent of the practice of applying these prohibitions does not ref lect the actual extent of the problem. The author analyzes the current criminal legislation of the Russian Federation on the responsibility for the abuse of persons performing managerial functions in the non- state sector (including in the sphere of organizing and holding international sports competitions), and the practice of its application; shows that the relevant legislation does not provide for the purposeful prevention and suppression of socially dangerous actions of persons exercising authority in the sphere of organizing and conducting international sports competitions in sports, for abuses that are associated with violation of the rules established by the regulations (charters) of such organizations, as well as with use of their powers in violation of the principles of international law, which caused significant harm to the rights and legitimate interests of the athlete new and teams of athletes, organizations, law-protected interests of the state. In this regard, it is proposed to supplement the Criminal Code with a new article 201.3 «Abuse of powers in the organization and conduct of official international sports competitions».

Free Access to and from the Ocean in the Convention on the Legal Status of the Caspian Sea: The Law of the Sea and the Caspian “Body of Water”

2021 ◽  
pp. 1-18
Author(s):  
Alberto PECORARO
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Caspian Sea ◽  
Legal Status ◽  
Law Of The Sea ◽  
Free Access ◽  
The Caspian Sea ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
The Law

Abstract Access to and from the sea for landlocked states has been a long-standing issue in the law of the sea. Such issue is also addressed by the Convention on the Legal Status of the Caspian Sea (or Aktau Convention), which foresees a right of free access to other seas for landlocked State Parties—Azerbaijan, Kazakhstan, and Turkmenistan—through the Russian Federation. At the same time, it upholds the transit state's sovereignty and right to protect its legitimate interests. Consequently, it is important to assess the limits of the transit state's discretion pursuant to the Aktau Convention. In this regard, that instrument has important linkages with UNCLOS and with general international law. These linkages introduce in the Aktau Convention various norms—such as due regard and reasonableness—that play an important role in its interpretation.

scholarly journals CONSIDERING THE PROSPECTS OF PARALLEL IMPORT

2019 ◽  
Vol 1 (7) ◽  
pp. 113-117 ◽  
Author(s):  
V. Kardanov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Constitutional Court ◽  
State Control ◽  
Parallel Import ◽  
Domestic Trade ◽  
The Russian Federation ◽  
The Difference

The issue of parallel import is сomplex. The problem has geopolitical nature. The price of the existing ban is billions of dollars in overpayment for imported goods per year, because of it, the structure of domestic trade in Russia is extremely monopolized: no one can supply goods other than official importers. The article analyzes the typology of import, clarifies the concept of «parallel import», studies the difference between parallel import and counterfeit, etc. It has been concluded, that in Russia parallel import is still in a semi-legal status and efforts should be made to legalize it and establish state control. The movement in this direction was the Resolution No. 8-P / 2018 of the Constitutional Court of the Russian Federation.

scholarly journals The Commissioner for human rights and his role in the protection of rights and freedoms

2021 ◽  
Vol 39 (3) ◽  
pp. 44-46
Author(s):  
A. Ch. Chupanova ◽  
◽  
K. A. Koymurzayeva ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Russian Federation ◽  
Legal Status ◽  
The Rule Of Law ◽  
Democratic State ◽  
State And Society ◽  
Legitimate Interests ◽  
The Russian Federation

This article is devoted to the study of the place and role of the Commissioner for Human Rights in the system of state authorities of the Russian Federation. It also analyzes its special legal status, effectiveness in exercising control over the observance of legitimate interests and restoration of violated rights, current problems of the development of the institution of the Commissioner for Human Rights and measures to resolve them, and provides statistical data. The Commissioner is a special specialized state body with independence and autonomy. It is a connecting element between the state and society and one of the main features of a democratic state governed by the rule of law. The relevance of the topic under study is due to the importance and necessity of protecting human rights and freedoms associated with the formation and development of public life, the construction of the rule of law and civil society. The scientific novelty consists in the study of the problems of the functioning of the institution of the Commissioner for Human Rights in the Russian Federation and the development of proposals for their resolution.

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