scholarly journals ANTI-CORRUPTION EXPERT EXAMINATION OF LAWS AND REGULATIONS AND THEIR DRAFTS IN THE RUSSIAN FEDERATION AND THE KYRGYZ REPUBLIC: COMPARATIVE AND LEGAL ANALYSIS

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0
Author(s):  
Эльнара Исламова ◽  
Elnara Islamova
Keyword(s):  
State Government ◽  
Russian Federation ◽  
Point Of View ◽  
Kyrgyz Republic ◽  
Legal Analysis ◽  
Scientific Organizations ◽  
The Subject ◽  
The Russian Federation ◽  
Corruption Prevention ◽  
Laws And Regulations

The article analyses the experience of the Russian Federation and the Kyrgyz Republic in implementation of the provisions of the UN Convention Against Corruption on the necessity to assess relevant legal documents in order to determine their conformity from the anti-corruption point of view. The article compares regulatory actions for the subject of anti-corruption expert examination, the concept of ‘laws and regulations’ as a subject of anti-corruption expert examination, powers of bodies and organizations that conduct the examination, methodology of conducting anti-corruption expert examination, response measures when corruptogenic factors are reveled. General and special methods form the basis of the research methodology: dialectic, comparative legal, analytical method and others that are used in juridical sciences. Following the results of the research, the author sets forth the conclusion that the legislation of the Russian Federation and the Kyrgyz Republic, regulating carrying out of the anti-corruption expert examination, requires improving: it is necessary to specify the subject of the anti-corruption expert examination, in the Russian Federation it is necessary to legislate the concept of a regulatory act, and in the Kyrgyz Republic, for the efficient corruption prevention, it is necessary to confer the powers to carry out the anti-corruption expert examination to State government bodies, not to scientific organizations.

scholarly journals Novelties in the Constitution of the Russian Federation in the area of corruption prevention

2020 ◽  
pp. 1-9
Author(s):  
Ol'ga Sergeevna Sokolova
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Legal Analysis ◽  
Public Authorities ◽  
Municipal Law ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
Corruption Prevention

The subject of this article is the novelties in the Constitution of the Russian Federation, which impose laminations on persons, who fill public and municipal positions. The author applied the method of comparative legal analysis of the norms of Russian law that regulate imposition of anti-corruption restrictions in activity of the federal government branches, public authorities, and local self-governing bodies. Comparative analysis is conducted on the restrictions introduced in new revision of the Constitution of the Russian Federation and the corresponding norms in federal legislation. The author examines the norms of constitutional, administrative and municipal law in the area of corruption prevention, particularly in the context of federative relations that established for regulation of public and municipal service, as well activity of the persons who fill public and municipal positions. The opinions of scientific community on the topic are presented. The article gives assessment to compliance of novelties of the Constitution of the Russian Federation on corruption prevention with the National Anti-Corruption Strategy, and legal positions of the Constitutional Court of the Russian Federation. The scientific novelty consists in determination of the conflicts of norms of constitutional, administrative and municipal law that impose anti-corruption restrictions, and assessment of their legal consequences.

scholarly journals On responsibility of the employer to undertake measures for preventing corruption

2020 ◽  
pp. 65-79
Author(s):  
Svetlana Pavlovna Basalaeva
Keyword(s):  
Russian Federation ◽  
Scientific Method ◽  
Scientific Methods ◽  
Essential Condition ◽  
Labor Legislation ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Corruption Prevention ◽  
Legal Consequences

The subject of this research is the legal relations on corruption prevention in organizations from the perspective of anti-corruption and labor legislation, as well as law enforcement practice. The author employs a general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, system-structural, formal-logical (deduction, induction, determination and divisions of concepts). The article analyzes the four aspects of responsibility of an organization to undertake measures for preventing corruption: 1) circle of measures; 2) form and methods for establishing measures; 3) content of measures; 4) legal consequences of failure to deliver or unacceptable delivery) of the responsibilities for undertaking measures. The author describes the risks of the employer in organization of anti-corruption policy, as well as formulates the proposals on proper discharge of anti-corruption duties by an organizations in accordance with the following aspects: 1) the need to develop and undertake all measures established in the Part 2 of the Article 13.3 of the Law “On Corruption Prevention”; 2) the local normative acts should represent the form of anti-corruption measures; 3) the criterion for establishing anti-corruption responsibilities of the employees relates to their work function and rules of conduct in the organization; 4) proper discharge of responsibilities for undertaking anti-corruption  measures is an essential condition for exemption from liability set by the Article 19.28 of Code of the Russian Federation on Administrative Offenses of the Russian Federation.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

FUNDAMENTALS OF THE THEORY OF PRE-CONTRACTUAL LIABILITY

2021 ◽  
pp. 148-161
Author(s):  
Alesya V. Demkina ◽  
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Negotiation Process ◽  
Point Of View ◽  
Good Faith ◽  
The Other ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Special Rules

The article deals with the relatively new rules of Art. 434.1 the Civil Code of the Russian Federation on the conduct of negotiations. Taking into account the current wording of the said rule and the experience of foreign legislation on pre-contractual liability, the article argues for different theories justifying the nature of pre-contractual legal relations and liability and gives different positions of the authors on this issue. Proceeding from the doctrinal concept of obligation and characteristics of pre-contractual relations themselves the conclusion is made that these relations, firstly, are regulated by law and, secondly, they are not simply a legal relation but an obligation. It is based on certain actions of the negotiating partners that give rise to such an obliga-tion. As such, any action that is sufficiently certain (in some cases it may be required by law) and expresses the intention of the person to regard himself as negotiating with the addressee, who will in return perform the same sufficiently certain action, can be regarded as such. The specified characteristics of an action allow us to conclude that, from the point of view of classification of legal facts, this action is an act (because it is performed with a certain in-tention evident to other participants of civil turnover) and, moreover, it is also a transaction. Special rules of the Civil Code of the Russian Federation stipulate that the actions performed to enter into negotiations (for example, if the conclusion of a contract is binding on one party) or the actions of both partners entail legal consequences - the obligation to negotiate in good faith. The analysis of these legal relationships identifies three stages in their development, charac-terises them and attempts to answer more precisely the question of who can be a participant in the negotiation process depending on the stage of the negotiation process. The subject matter of an obligation arising during pre-contractual contacts will be actions aimed at negotiating and concluding a contract. The content of the obligation arising in the course of pre-contractual contacts, based on Art. 434.1 of the Civil Code will be the obligation to negotiate in good faith (paragraph 2 of the above rule). Assuming that the legislator provides an indicative list of actions that should fall within the scope of bad faith conduct, an indicative list of the "standard" of good faith conduct at the negotiation stage is given. This includes the obligation to provide full and truthful information to a party, including the reporting of circumstances that, due to the nature of the contract, must be brought to the attention of the other party (e.g. in a sale, all encumbrances on the subject of the contract must be reported). In addition, persons are obliged to negotiate only if they intend to conclude a contract, not to terminate negotiations suddenly and unjustifiably, and to take into account the rights and legitimate interests of the other party to the negotiation. The obligation under this obligation may also include a requirement not to disclose infor-mation obtained during the negotiation of the contract.

scholarly journals Determination of limits of public control in the Russian Federation: constitutional and legal analysis

2020 ◽  
Vol 65 (2) ◽  
pp. 218-231
Author(s):  
V. V. Goncharov
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Necessary Condition ◽  
Legal Analysis ◽  
Public Control ◽  
Legal Method ◽  
Modeling Analysis ◽  
Legal Model ◽  
The Russian Federation

The article is devoted to the study of the limits of public control in the Russian Federation. Objective: to develop a legal model for determining the limits of public control in Russia as a necessary condition for the effective functioning of this institution of civil society. Objectives of the study: 1) to define the concept of limits of public control in Russia; 2) to analyze the limits of public control (spatial; time of implementation; completeness of content (its principles, goals and objectives, forms, objects, powers of subjects and their number); its assessment from the point of view of legality and legitimacy of this type of activity), having developed and having proved actions for improvement of the current Russian legislation regulating questions of public control.In work is analysis of the limits of social control (spatial; time of implementation; the completeness of filling (according to his principles, purposes and tasks, forms, objects, and powers of the constituent entities and their amounts); the evaluation from the perspective of legality and legitimacy of the activity). The article uses a number of methods of scientific research, in particular: analysis; synthesis; classification; comparison; formal-legal; method of legal modeling; analysis of theoretical and regulatory sources; legal; formal-logical.

scholarly journals CRIMINAL AND LEGAL STUDY OF CONNIVANCE IN CRIME AS A SIGN CHARACTERIZING CONFLUENCE OF SEVERAL PERSONS IN ONE CRIME

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 236-241
Author(s):  
A. A. Kashkarov ◽  
D. A. Poshtaruk
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Analysis ◽  
Legal Study ◽  
The Subject ◽  
The Russian Federation ◽  
Objective Side ◽  
Made In

A criminal and legal analysis of the objective and subjective signs, characterizing the connivance to the crime is made in the publication. The study found that connivance in a crime may be characteristic of various criminal law institutions, such as implication in a crime and complicity in a crime. In addition, the presented arguments show that connivance as a criminally punishable act may be associated with non-interference with unlawful activities that do not constitute a crime. The analysis shows that connivance in a crime can have a selfish purpose. It is noted that connivance in a crime is significantly different from other forms of implication in a crime, namely concealment of a crime and failure to report a crime. The subject of connivance in a crime is a person endowed with special powers to prevent, document and register crimes or offences. The article discloses that there is no special penal provision in the current Act of Criminal Responsibility of the Russian Federation that criminalizes it. The exception is the disposition of Art. 290 of the Criminal Code of RF, which contains an indication of connivance as a sign characterizing the objective side of receiving a bribe.

scholarly journals Statutory Bases for the Regulation of Non-State Control in Constituent Entities of the Russian Federation (on the Example of Moscow and Saint Petersburg)

2020 ◽  
Vol 11 ◽  
pp. 7-10
Author(s):  
Artem Yu. Kiryanov ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
State Control ◽  
Saint Petersburg ◽  
The Subject ◽  
The Russian Federation

In this article, the author examines the provisions of the charters of Moscow and St. Petersburg from the point of view of securing in them bases for the development and regulation of non-state control. The provisions of the statutory acts of selected cities of federal significance are analyzed and compared, formulated the author’s vision of the problem aspects in relation to the subject of the research.

scholarly journals TAX CONTROL: FOREIGN AND RUSSIAN EXPERIENCE IN COUNTERING TAX EVASION

2021 ◽  
Vol 2 (196) ◽  
pp. 9-16
Author(s):  
V.N. Konovalov ◽  
Keyword(s):  
Russian Federation ◽  
Tax Evasion ◽  
Shadow Economy ◽  
Full Range ◽  
Digital Technologies ◽  
Point Of View ◽  
Tax Administration ◽  
Tax Burden ◽  
The Subject ◽  
The Russian Federation

In order for tax administration to be fully effective, the Federal Tax Service of Russia should pay attention to improving the methods and forms of tax control, which is currently one of the primary tasks. The subject of this study is the problem of tax evasion. The article studies the experience of Russia and other countries in the fighting against intentional tax evasion. Information is given about the currently observed scales of the shadow economy abroad. In addition, the factors that affect the volumes of this indicator are identified. Among them: the level of economic and social development of a particular country, the degree of the tax burden of payers, as well as the level of the tax culture formed in society. It is necessary that someone would take measures to combat tax evasion of taxpayers whose activities are characterized by high tax risks. The article studies the measures that the tax authorities of the Russian Federation use to identify cases of evasion and counteraction to such situations. The structure of tax audits is considered from the point of view of the key instruments of tax control in the Russian Federation. In order for all stages of tax administration to be implemented most effectively, it is necessary to organize a full range of actions to improve the level of tax culture of actual and potential payers, regulate the tax burden on the population, and coordinate the activities of all state structures related to tax control. Additional attention should be paid to the introduction of innovative digital technologies in the process of tax administration.

scholarly journals The Features of the Content and Subject Composition of Settlement Agreements in Cases of Invalidity of Transactions

2020 ◽  
Vol 17 (3) ◽  
pp. 310-319
Author(s):  
Valeriya Goncharova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Point Of View ◽  
Relevant Category ◽  
Settlement Agreements ◽  
The Subject ◽  
The Russian Federation

Settlement agreements in civil and arbitration proceedings are one of the most convenient and effective ways to resolve disputes arising between participants in civil legal relations. At the same time, within the framework of some civil disputes, the content of settlement agreements has significant specificity, and sometimes – due to the peculiarities of the subject composition and the merits of the case – they cannot be applied at all for the purpose of reconciling the parties. An example of such disputes are cases related to the recognition of the transaction as invalid and the application of the consequences of the invalidity of the transaction, the legal regulation of which is unique. The economic reasons for the invalidity of transactions predetermine the peculiarities of the content of settlement agreements in the relevant category of cases, limiting it exclusively to the procedure for fulfilling restorative obligations and obligations to compensate for losses. This circumstance is due to the fact that, from the point of view of the dynamics of civil legal relations, an invalid transaction introduces uncertainty in the ownership of property and the distribution of rights and obligations of the participants in legal relations, which can be eliminated only by restoring the situation that existed before the conclusion and execution of the transaction with a defect. The current civil law regulation in this part (Article 4311 of the Civil Code of the Russian Federation), which allows the conclusion of analogues of amicable agreements in cases of invalidity of transactions involving other, in addition to restitution, the consequences of the invalidity of transactions, in this regard, cannot be recognized as satisfactory. Contestation of the transaction by “another person specified in the law” (Article 166 of the Civil Code of the Russian Federation), as well as in the interests of third parties by specially authorized entities (procedural plaintiffs), the possibility of participation in a completed and executed transaction of public law entities determine the raising of questions about the possibility of concluding amicable agreements by these entities. It is noted that these subjects, as follows from the analysis of domestic civil, civil procedural, administrative and family legislation, being interested in resolving the case on recognizing the transaction as invalid and on the application of the consequences of its invalidity, do not participate in its execution, and therefore cannot determine the procedure for the fulfillment of obligations arising from it.

scholarly journals The application of international treaties of the Russian Federation in the legal proceedings in arbitration courts of Russia

2017 ◽  
Vol 1 (3) ◽  
pp. 174-189
Author(s):  
Olga Kiseleva
Keyword(s):  
International Law ◽  
Russian Federation ◽  
System Analysis ◽  
Point Of View ◽  
Official Publication ◽  
Legal Analysis ◽  
International Treaties ◽  
Application Process ◽  
The Russian Federation ◽  
Commercial Courts

The article substantiates the necessity of a system analysis of the processes of applicationof the norms of international treaties by commercial courts of the Russian Federation. Thisneed is justified, at least, by the following: an insignificant amount of special research inthis field in comparison with a similar subject within the courts of general jurisdiction, thecreation of a relatively new body of supranational control over compliance with the normsof international treaties in the field of commercial courts’ practice.The purpose of the study is to identify problems of application of international treaties ofthe Russian Federation arbitration courts of Russia.The author uses methodology of formal legal analysis of Russian legislation and courts’ decisions.The results and scope of it’s application. The author, taking into account the specifics ofcommercial proceedings and the nature of disputes heard in commercial courts, proposedlegal grounds in a concentrated form which allow to state the existence of the obligation toapply the norms of international treaties by Russian commercial courts. Two levels of suchgrounds can be stated – international and domestic.Publication of the texts of international treaties as a problematic segment of their applicability.The article highlights one of the problematic segments of the application process ofthe norms of international treaties for the purpose of more detailed reflection. The practiceof commercial courts demonstrates that in both legislative acts and acts of applying law,the concepts of "official publication" and "bringing to the public" are alternated with eachother. Despite the reform, the procedure of official publication has not acquired the characterof a systemic institution of Russian law. This significantly complicates the activity ofadministering justice with respect to the legislative acts of international law.Conclusions. From the point of view of international law, the state, independently determiningthe procedure and methods of implementing international treaties within its legalsystem, is not limited in its ability to burden itself with the need to abide by additional proceduresnot provided by the international legal system of procedures. Official publication,as a necessary procedure for the entry of a legislative act into the force, represents such anadditional procedure designed to protect more effectively human rights and freedoms andto streamline law enforcement practice. In this connection, the author formulated the provisions,the implementation of which can help in matters of systematization of the institutionof official publication of international treaties of the Russian Federation.

Sign in / Sign up

Export Citation Format

Share Document