Agreement of Housing Construction Investment and Agreement of Participation in Shared Construction: the Relationship Between the Concepts

2016 ◽  
Vol 4 (7) ◽  
pp. 0-0
Author(s):  
Анна Журавлева ◽  
Anna Zhuravleva

The article analyzes the legal nature of specific types of investment agreements in the construction sphere. The article contains the conclusion that all agreements of housing construction investment can be divided into two large groups: agreements of participation in shared construction, regulated by Federal Law dated December 30, 2004, No. 214-FZ “On Participation in Shared Construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation” and other investment agreements, which do not come within the purview of the above mentioned law. Participants of the latter group of agreements are under the protection of the Law of the Russian Federation “On Protection of Consumers´ Rights”, general provisions of the Civil Code of the Russian Federation on agreement, fulfillment of obligations and invalidity of legal transactions, provisions of the Special Part of the RF CC on the futures contracts, construction project contracts and others, and also framework regulation of the Federal Law “On Investment Activity in the Russian Federation in the form of capital investments”. The author provides analysis of similarities and differences of the indicated agreements.

2020 ◽  
pp. 166-173
Author(s):  
M. N. Solomko

The high level of differentiation of the constituent entities of the Russian Federation determines different approaches to the policy of budget investment. The purpose of the paper is to identify common regional trends in the implementation of capital investments at the expense of budget funds, interregional differences and interpret it. In the study, horizontal and vertical analysis of budget investments has been made, the lack of a significant relationship between the level of budgetary security of the constituent entity of the Russian Federation and the scales of its budget investments has been shown. It has been shown that the investment activity of the constituent entities of the Russian Federation is not a determining fac tor, but an important factor of their investment attractiveness. The materials of the article can be used as an information base for further theoretical and applied research on the expenditures of regional budgets in general and the problem of budget investment in particular.


Author(s):  
Olga A. Zykova ◽  

The growing issue of attracting private investment in the Russian economy from year to year gave rise to the development of new measures of support from the state in relation to organizations implementing an investment project, which also form the most favorable investment climate in the country. Such preferences, which consist in a stabilization clause, are contained in the new Federal Law No. 69-FZ of 01.04.2020 “On Protection and Promotion of Capital Investments in the Russian Federation”. However, based on the conducted research, it is concluded that there are a number of legal imperfections, which are expressed in a number of conditions, non-compliance with which entails the inadmissibility of concluding an agreement on the protection and promotion of investment between a private and public person. At the same time, those provisions are so unattainable, infringing and limiting that the question of the expediency of the analyzed investment law will be justified. That is why proposals were made to adjust the rules, which would allow widening the range of persons entitled to state support and thereby attract their capital as an investment in the Russian economy – that is, to achieve the goals originally set.


2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.


2020 ◽  
Vol 10 (1) ◽  
pp. 66-69
Author(s):  
Natalia Zhavoronkova ◽  
Vyacheslav Agafonov

The article is devoted to the study of modern theoretical and legal problems of ensuring biological security in the Arctic zone of the Russian Federation. The published Draft of Federal law No. 850485-7“On biological security of the Russian Federation”provides an opportunity to take a closer look at the problem of legal provision of biological security in relation to the most vulnerable ecosystems, and, first of all, the Arctic. The article considers the most important features and potential risks of the Arctic zone of the Russian Federation of critical importance from the point of view of biological hazards, the features (specificity) of biological safety problems from the point of view of organizational-legal features and, in particular, from the perspective of environmental law. It is proved that, given the special situation of the Arctic zone of the Russian Federation, in addition to the base Federal law“About biological safety” required a specific law on biological and ecological safety of the Arctic zone of the Russian Federation, which should be generated on a slightly different model than the draft Federal law «On biological safety”, to wear the most specific, applied nature.


2020 ◽  
Vol 18 (3) ◽  
pp. 429-445
Author(s):  
I.A. Artashinа ◽  
V.Yu. Dudina ◽  
Yu.N. Zhul'kova

Subject. This article considers the system of strategic planning documents as a scientific and practical basis for achieving the goal of improving the well-being of the population by increasing investment activity and the competitiveness of the regional economy. Objectives. The article aims to explore the possibilities and features of the application of marketing technologies in the effective management of the development of the Russian Federation constituent entities. Methods. For the study, we used the methods of general scientific and statistical research, content analysis, and data visualization techniques. Results. The article presents a brief analytical overview of strategic planning documents and analysis of the possibilities of using modern marketing tools. The article also highlights the use of marketing to improve the competitiveness of a particular area, taking into account the experience of leader regions. Conclusions. Modern strategic documents regulating the development of regions have some contradictions in terms of the characteristics of the state of the Russian Federation subjects concerning various indicators of development. The problems and practicalities of addressing them need to be more clearly identified. The results of the study can be used by regional and municipal authorities to develop plans to improve the strategic management of the areas' development.


Author(s):  
Natal'ya Mihaylenko ◽  
Elena Bondar'

This article analyzes the concept of control over the activities of religious organizations. The authors focus on certain provisions of the Federal Law “On Freedom of Conscience and on Religious Associations”, for example, one of which contains the following subject of control — the conformity of the activities of religious associations with their statutory goals.


Author(s):  
A.V. Korchemnaya

Competitiveness of Russia economy under modern conditions demands systemacy of public administration. As a result of creation of national strategic planning system a number of govern-ment programs aimed at the economy development of the Russian Federation and perspective en-trance of the country to the world market is carried out. One of the main tasks of the economy de-velopment is creation of favorable investment climate in the country, investment activity, attraction of investments into the economy of the country’s regions.


2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


2020 ◽  
Vol 8 ◽  
pp. 105-109
Author(s):  
N. D. Vershilo ◽  
◽  
T. A. Vershilo ◽  

The article analyzes the Federal law of 29.07.2017 No. 280-FZ «On amendments to certain legislative acts of the Russian Federation». In order to eliminate contradictions, the problematic issues of determining the ownership of a land plot to the lands of the forest Fund are considered.


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