scholarly journals Features of legal qualification of infliction of harm wild and pets.

2016 ◽  
Vol 4 (4) ◽  
pp. 409-417
Author(s):  
Анна Рабец ◽  
Anna Rabec
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Civil Law ◽  
Legislation And Jurisprudence ◽  
Scientific Methods ◽  
Methodological Basis ◽  
General Scientific ◽  
The Russian Federation ◽  
Definition Of ◽  
Special Relevance

in article questions of legal qualification of infliction of harm wild and pets to citizens and legal entities are considered. Identification of a place of animals among sources of the increased danger gains special relevance in connection with insufficient regulation in the civil legislation of the Russian Federation of the number of the aspects connected with indemnification, caused by animals as specific objects of the civil rights. A research objective was definition of the effective civil mechanism of protection of the victims in case of causing harm by it animal. General scientific methods of knowledge (the analysis, synthesis, generalization, induction, deduction) formed a methodological basis of research, and also is formal – legal, the historian - legal and rather – legal methods. In research the offers and recommendations promoting uniform application of norms of civil law in the specified situations are formulated. On the basis of the analysis of the civil legislation and jurisprudence right application problems in the considered area are revealed.

scholarly journals Import of goods of information and communication infrastructure in the context of customs services

2021 ◽  
Vol 17 (12) ◽  
pp. 2361-2378
Author(s):  
Evgeniya P. LEVINA
Keyword(s):  
Russian Federation ◽  
Current Model ◽  
Communication Infrastructure ◽  
Scientific Methods ◽  
Original Definition ◽  
Information And Communication ◽  
Unique Approach ◽  
General Scientific ◽  
The Russian Federation ◽  
Definition Of

Subject. The article updates the issue of information security associated with the extremely intense import of goods of information and communication infrastructure (ICT) and low volume of production of similar goods in the Russian Federation. Objectives. The aim is to develop principles of formation of customs tariff tools to regulate the import of ICT goods in the Russian Federation. Methods. The study employs the content analysis of existing approaches to defining the customs service concept, and general scientific methods of research. Results. The paper presents a unique approach to the development of tools for customs tariff regulation of imports, formulates an original definition of customs service, highlights the contradiction between the current model of implementation of the escalation principle, established by the World Trade Organization, underpins the need to differentiate the rates of import customs duties for the said group of goods. Conclusions. Due to the current specifics of the use of customs and tariff instruments, not all of them are applicable as measures to regulate the import of ICT goods. Currently, the most effective tools for regulating the import of information and communication technology goods are the unified customs tariff and the commodity nomenclature of foreign economic activity.

scholarly journals Legally relevant messages in the inter-branch analogy of the law

2019 ◽  
Vol 7 (3) ◽  
pp. 21-25
Author(s):  
Varvara Bogdan ◽  
Olga Korotkikh
Keyword(s):  
Structural Analysis ◽  
Russian Federation ◽  
Court Cases ◽  
Scientific Methods ◽  
Methodological Basis ◽  
Administrative Procedure ◽  
Public Nature ◽  
General Scientific ◽  
The Russian Federation ◽  
Significant Factors

The article deals with the specifics and prospects of using legally relevant messages in different branches of law. Also the authors analyze the court cases in order to determine the problems of efficiency of such using. Among the significant factors preventing the application of article 165.1 of the Civil code of the Russian Federation in other branches of law, the authors draw attention to the imperfection of the norm itself, and also emphasize its public nature in some cases. The authors note that the messages as part of the procedure for the seizure of land have legal relevance for their owners. The methodological basis of the research is a set of general scientific and private scientific methods such as: system-structural, analysis, formal-legal, logical and others. Scientific novelty of the research is that the authors, on the basis of theoretical insights, legislation and court cases propose to identify the legally relevant messages in the administrative procedure for searching holders of the seizuring property as appropriate and necessary way of ensuring the rights and lawful interests of these holders.

scholarly journals The international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields

2018 ◽  
pp. 54-63
Author(s):  
O V. Glikman
Keyword(s):  
Russian Federation ◽  
International Treaties ◽  
Exploration And Exploitation ◽  
Scientific Methods ◽  
Joint Activities ◽  
Regional Features ◽  
Legal Method ◽  
General Scientific ◽  
The Russian Federation ◽  
Definition Of

Introduction. The article presents a complex review of international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields. The author exposes the importance of these international treaties for subsoil users.Material and methods. The methodological basis of the research consists of general scientific methods and special legal methods (the comparative legal method, the methods of interpretation, the method of legal modeling).Results. The author formulates the definition of transboundary field, proposes the classification of the international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields, presents a general review of the identified types, reveals their features, differences of mechanisms, draws the conclusions about the importance of these international treaties for subsoil users.Discussion and conclusion. The international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields are subdivided into four types: 1) on a state border and (or) delimitation of sea spaces; 2) on the regime of a state border; 3) on exploration and exploitation of certain transboundary fields; 4) related international treaties.The differences of the mechanisms of the international treaties under examination are directly connected with a type of transboundary field (its resources), its production characteristics, regional features, how friendly the relations between two states are, their interest in cooperation in this sphere and the desire of their companies to carry on joint activities on the respective subsoil plots.Some mechanisms of these treaties need further development.

scholarly journals Digital rights under the civil law of the Russian Federation

2021 ◽  
Vol 109 ◽  
pp. 01024
Author(s):  
Armine Mograbyan
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Financial Assets ◽  
Digital Rights ◽  
The Russian Federation ◽  
Russian Law ◽  
Definition Of ◽  
Positive Nature

The article discusses a new object of civil rights, which appeared as a result of the addition of the Civil Code of the Russian Federation with article 141.1 “Digital rights”. The features of the definition of digital rights in Russian civil law are revealed. Particular attention is paid to the formulation of the concept of digital rights contained in the Civil Code of the Russian Federation. The author draws attention to the fact that according to Russian civil law, digital rights include only those that are directly named as such in the law, which indicates a legislative limitation of their turnover. In addition, the adopted laws on crowdfunding and digital financial assets were reviewed, as well as utilitarian digital rights and digital rights that relate to digital financial assets were analyzed. Attention is also drawn to other problems raised in the science of civil law regarding the modernization of Russian civil legislation in the field of digital rights. The author emphasizes the positive nature of the appearance in the Russian law of norms on digital rights, as an indicator of a legislative response to the digitalization of the economy and law, and a necessary prerequisite for further regulation of civil law relations changing under its influence.

scholarly journals The concept of electronic justice and its development prospects in the Russian Federation

2021 ◽  
Vol 7 (2) ◽  
pp. 108-118
Author(s):  
Yury Alexandrovich Svirin ◽  
Alexandr Anatolievich Mokhov ◽  
Aleksey Vladimirovich Minbaleev ◽  
Sergej Nikolaevich Shestov ◽  
Dmitriy Valerevich Titov
Keyword(s):  
Russian Federation ◽  
Legal Analysis ◽  
Judicial Process ◽  
Scientific Methods ◽  
Civil Process ◽  
Special Scientific ◽  
General Scientific ◽  
The Russian Federation ◽  
Definition Of ◽  
Development Prospects

The authors of this article, based on the study of the development of digital technologies in the Russian Federation, explore the possibility of the emergence and prospects for the development of electronic justice. Methods: The disclosure of the topic was carried out from the standpoint of general scientific methods (system, structural, and functional analysis), method of theoretical analysis, and special scientific methods (comparative jurisprudence, technical and legal analysis, concretization, and interpretation). The methodological basis of the study was the method of the theory of knowledge. The purpose of the study: To investigate the possibility of implementing artificial intelligence in the Russian civil process, formulate a scientifically based definition of electronic justice, and show the applied significance of the emergence of electronic justice in the judicial process. Results: It is concluded that currently, there is a regulatory framework for the implementation of electronic justice in the judicial process in Russia. Based on the study of IT, the authors analyzed the goals and directions of the development of electronic justice and formulated a scientifically based definition of electronic justice.

scholarly journals Notes as a method of legislative technique and their importance for regulation of the institution of conviction record

2021 ◽  
pp. 36-49
Author(s):  
Mariya Andreevna Malimonova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Case Law ◽  
Criminal Code ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The subject of this research is the criminal law provisions on notes as a component of legislative technique and their importance for achieving such goals. The author explores the existing approaches towards the definition of the concept and essence of notes, as well as their classification. Special attention is given to the only note from the General Part of the Criminal Code of the Russian Federation – note to Article 73, which pertains to the institution of conviction record. The goal of this work is to determine the essence and importance of the note for the development of criminal law norms dedicated to the institution of conviction record. The methodological framework of this research is comprised on the general scientific methods (analysis, synthesis, comparison), formal-legal and systematic methods, as well as the relevant case law. As a result, the author formulates the definition of the concept of notes, indicates its correlation with the criminal law norm, lists the basic types of notes used in criminal law, and describes their role. The analysis of the provisions of the Article 73 of the Criminal Code of the Russian Federation and the notes to the Article 73 revealed the new problems in legislative regulation of suspended sentence and conviction records, which prompted the author to explore these issues and offer solutions. Clarification is given to the definition of “convicts” provided in the Paragraphs “a” and “a.1” of the Part 1 of the Article 73 of the Criminal Code of the Russian Federation. Substantiation is given to the role of convict record as a separate circumstance that prevents imposition of suspended sentence. The author indicates the fact of various interpretation of the concept of “crimes against sexual integrity of minors” mentioned in the note to the Article 73 of the Criminal Code of the Russian Federation and in the construct of the qualifying element for a number of offences of the Article 18 of the Criminal Code of the Russian Federation, as well as substantiates inexpediency of unification of this definition. The scientific novelty consists in proposing the new wording for the purposes of the Article 18 of the Criminal Code of the Russian Federation, which the author believes should be enshrined in the new note to the Article 131 of the Criminal Code of the Russian Federation.

The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

scholarly journals On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

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 Administrative oversight: improving compliance practices

2021 ◽  
Vol 118 ◽  
pp. 03001
Author(s):  
Aleksander Nikolaevich Varygin ◽  
Irina Alekseevna Efremova ◽  
Vladimir Gennadievich Gromov ◽  
Pavel Anatolievich Matushkin ◽  
Anastasia Mikhailovna Shuvalova
Keyword(s):  
Russian Federation ◽  
Preventive Treatment ◽  
Integrated Approach ◽  
Federal Law ◽  
Scientific Methods ◽  
Administrative Supervision ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Russian Federation ◽  
Administrative Oversight

The main purpose of the research is to determine the goals, objectives and functions of administrative supervision and develop proposals for improving the legislation of the Russian Federation regulating issues related to the implementation of administrative supervision. Research methods: general scientific methods (analysis and synthesis, logical methods) and private scientific methods of cognition (formally-legally, specifically-sociological etc.). Outcome: the author’s version of the administrative supervision goals and objectives set out in the regulatory documents of the Russian Federation is proposed: 1. Administrative supervision is established to prevent the commission of crimes and other offences by persons. 2. The administrative supervision focuses on implementation by the internal affairs bodies of supervision over the observance by supervised persons of temporary restrictions on their rights and freedoms, as well as over the fulfillment of their duties stipulated by the related federal law; identification of violations by those under the supervision and taking measures in accordance with the law; individual preventive treatment of such persons. The novelty of the study is due to an integrated approach to the research into the goals, objectives and functions of administrative supervision and the developed proposals for improving the Russian legislation regulating issues in that area.

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