Institute of Administrative Responsibility of Minors in Russia

2022 ◽  
Author(s):  
Elena Kirillova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
General Description ◽  
Law Schools ◽  
Judicial Practice ◽  
Wide Range ◽  
Legal Nature ◽  
The Russian Federation ◽  
Administrative Responsibility

The monograph examines the features of the institute of administrative responsibility of minors in the Russian Federation, gives a general description of this institution, examines the concept, legal nature, features of this institution, classifies punishments applied to adolescents, and considers judicial practice. Special attention is paid to the proceedings in cases of administrative offenses of minors, the legal status of the commission on juvenile affairs and protection of their rights is investigated, the features of prosecutorial supervision in the proceedings of cases of administrative offenses of minors are considered. In conclusion, conclusions are drawn and recommendations for improving the current Russian legislation are proposed. For a wide range of readers interested in the issues of administrative responsibility of minors. It can be useful for students, postgraduates and teachers of law schools.

MULTIVARIANT LEGAL STATUS OF A CITIZEN AND ITS ROLE IN DEFINING THE COMPETENCE OF ARBITRATION COURTS

2018 ◽  
pp. 48-60
Author(s):  
Aleksandr Nikolayevich Ermakov
Keyword(s):  
Russian Federation ◽  
Economic Activity ◽  
Legal Status ◽  
Legal Certainty ◽  
Judicial Practice ◽  
Natural Person ◽  
Legal Nature ◽  
The Russian Federation ◽  
Debt Collection

This study is devoted to the question of qualification of the legal status of a citizen in a dispute arising in the field of economic activity, and its impact on the determination of the jurisdiction of the arbitration court. On the example of cases on debt collection from the guarantor-citizen it is noted that the latter can participate in the disputed legal relations as an natural person, as an self-employed entrepreneur or as the founder of a legal body. It is the legal status of a person, as established judicial practice shows, that is the key argument in determining the legal within jurisdiction of the case. It seems that this circumstance in itself cannot determine the nature of the dispute, which previously drew the attention of the Supreme Arbitration Court of the Russian Federation It is important to take into account the specific legal nature of material legal relations, as well as the nature of the interest of its participants. It is concluded that it is necessary to take into account the abovementioned aspects in the aggregate when determining the jurisdiction of arbitration courts of the cases of the analyzed category. In order to ensure the legal certainty and effectiveness of the protection of the rights of persons in the field of business and economic activity, proposed a technical and legal solution to this problem.

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

scholarly journals The structure and features of the civil status of an individual entrepreneur in modern Russia

2021 ◽  
Vol 7 (3C) ◽  
pp. 424-442
Author(s):  
Dina Viktorovna Alontseva ◽  
Sergey Vladimirovich Vorobyev ◽  
Olga Anatolyevna Lavrishcheva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Modern Society ◽  
Practical Significance ◽  
Federal Law ◽  
Legal Nature ◽  
Civil Status ◽  
General Scientific ◽  
The Russian Federation ◽  
Made In

Based on the analysis of the modern legislation of the Russian Federation and taking into account the existing scientific concepts, the authors studied in detail the legal nature and identified the features of certain types of legal statuses of an individual entrepreneur, as well as revealed the structure and analyzed in detail the specifics of the civil status of an entrepreneur in modern Russia. As a result of the conducted research, the author's concept of the "civil status of an individual entrepreneur" was formulated and the need for the adoption of the Federal Law "On the legal status of an individual entrepreneur in the Russian Federation" was justified. The practical significance of the work is determined by the fact that the conclusions made in the course of the study can contribute to improving the legal status of entrepreneurs in modern society at the legislative level. The methodological basis of this study was made up of general scientific, private and special methods of cognition.

The international legal framework for cooperation between States on countering illicit trafficking in medical products

2021 ◽  
Author(s):  
Kristina Zimina
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Law Schools ◽  
Legal Norms ◽  
Medical Products ◽  
Wide Range ◽  
The Russian Federation ◽  
Illicit Trafficking

The monograph is devoted to the study of the international foundations of cooperation between states in the field of combating illicit trafficking in medical products (NOM), as well as to the study of the functioning of modern international legal mechanisms of such interaction. The author's proposals for improving the legal regulation in the field of countering the NOM in the process of implementing international legal norms regulating these legal relations into the legislation of the Russian Federation and foreign states are presented. For a wide range of readers interested in countering illegal trafficking of goods, works and services. It will be useful for students, postgraduates and teachers of law schools.

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.

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.

Penal law of the Russian Federation: General and Special parts

2020 ◽  
Author(s):  
Aleksandr Romanov
Keyword(s):  
Higher Education ◽  
Russian Federation ◽  
Legal Status ◽  
Federal State ◽  
Performance Requirements ◽  
Legal Nature ◽  
Penal Law ◽  
The Russian Federation ◽  
State Educational ◽  
And Control

The focus is on the subject and objectives of penal law of the Russian Federation, its sources and methods, types of penal norms, history and types of penal systems, the provisions of the Criminal Executive code of the Russian Federation, other penal laws and normative legal acts on the activities of bodies in charge of execution of punishments, exercising control and supervision over conditionally sentenced persons and persons with a suspended sentence. The characteristic of organization and activity of criminal-Executive system of the Russian Federation, highlights the issues of its reforms. Detail the issues of legal status of convicts established the order and conditions of execution and serving sentences, the use of other measures of criminal-legal nature, means of correction of convicts, providing medical care to prisoners, the performance requirements for the serving of sentences, organisation of support of liberated and control over them. Meets the requirements of Federal state educational standards of higher education of the last generation. For students of law faculties of educational institutions of higher education, enrolled in the academic programs of bachelor, specialist, master and post-graduate students, teachers, practical workers of law enforcement bodies and all those interested in issues of corrections, legal status of prisoners, the penal laws and the application of other measures of criminal-legal nature.

About the Jurisdiction of Cases of Administrative Offenses

2021 ◽  
pp. 26-31
Author(s):  
A. F. Skutin ◽  
Keyword(s):  
Russian Federation ◽  
Arbitral Tribunal ◽  
Federal Law ◽  
Legal Proceedings ◽  
Judicial Practice ◽  
Legal Nature ◽  
The Russian Federation

The article examines the issues of the competence of the arbitral tribunal in cases of administrative offenses, their legal nature, analyzes the judicial practice in this category of cases. The author made proposals on the need to optimize the legislation governing legal proceedings in cases of administrative offenses in courts of general jurisdiction and arbitration courts, taking into account the novelties of the Federal Law of 11.28.2018, appropriate adjustments are proposed for the new edition of the Code of Administrative Offenses of the Russian Federation.

Administrative law and administrative responsibility

2021 ◽  
Author(s):  
Boris Rossinskiy
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Russian Federation ◽  
Administrative Law ◽  
Bachelor's Degree ◽  
State University ◽  
Law Schools ◽  
Russian State ◽  
The Russian Federation ◽  
Administrative Responsibility

The course of lectures corresponds to the programs of administrative law for students studying in the bachelor's degree program "Jurisprudence", as well as the specialties" Legal support of national security "and"Law Enforcement". The course of lectures summarizes the author's experience of lecturing on administrative law and administrative responsibility at the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), the Moscow University of the Ministry of Internal Affairs of Russia, the Academy of the Investigative Committee of the Russian Federation, and a number of other universities. For students, cadets, postgraduates, adjuncts and teachers of law schools and faculties, researchers, employees of state and municipal bodies, persons improving their qualifications.

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