Principles of legal regulation of building land

10.12737/525 ◽  
2013 ◽  
Vol 1 (3) ◽  
pp. 140-147
Author(s):  
Елена Болтанова ◽  
Elena Boltanova

In this article the author proves that the legislation on land development should be based not only on those principles, which are already reflected in the current federal laws, but also on the following fundamental principles: greening the norms constituting the legal regime of built-up land and land subject to development; the ecosystem approach to the use of natural objects for construction of a balanced and comprehensive development of underground space under construction in the cities; payment for the use of natural sites for construction. These principles must become mandatory for the legislator and the law enforcement authority and provide the basis for design of other norms governing the construction land.

10.12737/7252 ◽  
2014 ◽  
Vol 3 (1) ◽  
pp. 0-0
Author(s):  
Роман Амелин ◽  
Roman Amelin

The article considers the problem of unification of legislation that establishes the legal regime of Federal information systems. The purpose of the information system is a necessary element of its legal regime. It is primary to other elements, such as lists of information, the functionality of the system, the rights and obligations of users, information providers and the system operator. The author believes that it is impossible to establish in law the duties of citizens and organizations (such as the provision of information) that are not defined by purpose of creation of the federal information system. The author analyzes the current Federal laws on information systems, compares approaches to legal regulation of creation purposes. It is proved that the purpose of creation is to be associated with public services and government functions.


Author(s):  
M. G. Shcherbakov

The paper analyzes the civil law regime of dual-use goods in the aspect of dual-use goods turnover. The author reveals the role of civil law rules as elements of the legal regime in the legal regulation of vertical and horizontal legal relations, as well as analyzes the process of transformation of civil law rules in the course of law enforcement. The author dwells on the main legal characteristics allowing to differentiate dual-use goods, namely: technical features, scope of application, availability of export control. In the paper, the author offers his own definition of the legal regime of dual-use goods. In addition, we identify such a feature of the regime of dual-use goods as dependance of the degree of turnover of dual-use goods upon external factors.The author concludes that the functional purpose of civil law rules in the legal regime has changed.In conclusion, a number of recommendations are proposed to improve efficiency of the legal regulation of foreign economic activity in the sphere of turnover of dual-use goods. 


2019 ◽  
Vol 7 (2) ◽  
pp. 26-30
Author(s):  
Евгений Пустовалов ◽  
Evgeniy Pustovalov

The article discusses the relationship between the constitutional right to judicial protection, which includes such an element as the effective enforcement of a judicial decision, with the legal regime of special bank accounts of payment agents and suppliers. Attention is drawn to the problems identified by law enforcement on the recovery of funds in such bank accounts, including the possible harm to persons who are not debtors in enforcement proceedings. Based on the analysis of the legal regulation of the special bank accounts of payment agents and suppliers, a conclusion is drawn on the admissibility of foreclosure on money on them. To exclude (minimize) the possibility of harming suppliers and payers-individuals, it is proposed to amend the sequence of payments on special bank accounts of payment agents in comparison with the general sequence established by civil law


2020 ◽  
Vol 7 (1) ◽  
pp. 78-85
Author(s):  
Anton B. Didikin

The article analyzes the modern mechanisms and ways of adapting the Islamic law principles and norms to the regulation of financial relations. Taking into account the significance of fiqh as a legal doctrine that interprets religious prescriptions for law enforcement, the key features of the Islamic law institutions in the context of the Islamic economy model development are identified. The object of the comparative legal analysis in the article is the jurisdiction of international financial centers as territories with a special legal regime for conducting business. Its legal status is fixed in special legal acts, thus contributing to the formation of flexible instruments of legal regulation in view of the correlation with the norms of the national legal order. International financial centers are presented as an example of the formation of global legal institutions in Western countries as well as those in Southeast Asia and the Middle East. The author argues that Islamic financeas a way of adapting Islamic law principles to the regulation of business activitiesis a mandatory element of a legal environment for international financial centers.


2021 ◽  
Vol 16 (3) ◽  
pp. 177-184
Author(s):  
A. M. Tsaplina

The paper reveals the content of "protection of water bodies" concept, giving particular attention to the consideration of the legal regime of water protection zones and coastal protection zones as one of the legal mechanisms for the protection of water bodies from pollution, clogging, siltation. The author analyses of the peculiarities of the legal regime of water protection zones of the Soviet and current Russian legislation. Based on the current legislation and current judicial practice, the author considers the characteristics of the legal regime of the above mentioned zones and some problems of compliance with the regime (for example, violation of the legal regime of the water protection zone due to the absence of information signs on the ground), which one has to face in practice. In this regard, the author gives special attention to the need to inform nature users and increase their level of ecological culture. The author concludes that there is some inconsistency of the current water legislation in the context of the legal regime of water protection zones and coastal protection zones with the ecosystem approach in nature management. The formally envisaged legal regulation creates only the appearance of effective mechanisms for water protection.


Author(s):  
Anton Koshelev ◽  
Ekaterina Rusakova

A significant leap in the development of information technology over the past twenty years has made the global legal community respond to new challenges that have come along with the progress in the digital environment. Together with the convenience of using electronic resources, society has developed a need for a simple and understandable legislative regulation of legal relations arising from the use of computer information technologies and various products of electronic digital activity in order to protect their interests potentially. The concept and types of electronic evidence in civil proceedings in different countries have different meanings. Meanwhile, the regulations of their procedural admissibility and applicability differ. The common thing is the tendency towards an increase in the use of electronic information carriers in court proceedings, increasing importance for establishing specific facts, and the decisive evidentiary role in making decisions by the court. India became one of the first countries to realize the growing level of implementation of Internet technologies, electronic digital storage media, and computer dominance in society and the state's daily life [1] (Artemyeva, Y.A. et al.). The consequence of this understanding was the timely development and implementation of the substantive and procedural bases in evidence law for practical, understandable, and convenient use of electronic evidence in civil proceedings. The article examines the types and procedural status of electronic evidence and analyzes the current legislation and law enforcement practice in the admissibility and application of electronic evidence in civil proceedings in India. The study identifies the existing system of electronic evidence in the legal field of India, the determination of the advantages and disadvantages in the gathering, presentation, research, and evaluation of electronic evidence by the court in civil proceedings, as well as the identification of the procedural order for their provision. The researchers have identified the following tasks to achieve the goals: • to define and research the legislation of India governing the concept, types and procedural order of applicability and admissibility of electronic evidence in civil proceedings in India; • to develop a particular procedural order for the effective use of the institution of electronic evidence in civil litigation in India; • to identify the current trends in the gathering, presentation, research, and evaluation of electronic evidence in India's courts, based on the established judicial practice study. The research methodology is based on general theoretical and scientific methods of cognition, including abstraction and specification, analysis and synthesis, modeling and comparison, and systemic, logical, and functional analyzes. The scientific novelty of the research consists of a comprehensive study of the instruments of legal regulation of the institution of electronic evidence in India's legal field, including regulatory legal acts and judicial precedents, and a consideration of the possibility of applying Indian approaches in the jurisdictions of other countries. The analysis of legislation and jurisprudence regarding electronic evidence in India's civil proceedings was carried out using the synergistic principle of object study, statistical-sequential analysis, and empirical research method. This study's results can be used in lawmaking to develop and improve regulations regarding the procedural status and use of electronic evidence in civil litigation in any country. The reference, citation, and use of this article's conclusions and materials are permissible when conducting lectures and seminars on civil procedure and private international law, research activities, law enforcement practice, and teaching.


Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 21
Author(s):  
Viktor A. Mikryukov

The purpose of the study is to highlight the most significant legal gaps in the mechanism under study, find doctrinally relevant ways to overcome them casually in law enforcement, and propose options for generally filling the gaps in rulemaking. It is equally important to test the effectiveness of the analogy as a means to combat legal gaps. The methodological framework was formed by general (analysis, synthesis, abstraction, and concretization) and specific (comparative, formal, and technical legal) scientific research methods. The positive role of analogy as a method of combating legal uncertainty and the formation of legislative innovations was confirmed. The conclusion was made about the absence of a formal need for additional legislative authorization for Limited Liability Companies’ members to create a conditional or individualized withdrawal procedure. Backed by the legal analogy, the necessity to extend the freedom-of-contract doctrine in determining the fair value of a withdrawing shareholder’s share was argued. The achievements provided the basis for specific practical proposals to enhance existing Russian legislation and harmonize corporate relationships, which should improve Russia’s business climate.


2018 ◽  
Vol 301 ◽  
pp. 53-59
Author(s):  
Daniel Markiewicz ◽  
◽  
Bartłomiej J. Bartyzel ◽  
Michał Borusiński ◽  
Grzegorz Bogiel ◽  
...  

The issue of post-mortem examination of animals, whose death occurred as a result of suffered gunshot wounds, is very rarely discussed in literature, most often on the occasion of researching into and describing other problems. This article presents an attempt to bring together the achievements of veterinary forensics in this area. As a starting point, the current legal regulation was adopted, pointing to penal sanctions resulting from the illegal use of weapons in relation to animals. Subsequently, the possibilities of using modern imaging techniques in post-mortem examinations carried out by veterinarians at the request of law enforcement agencies were presented. The scientific reports discussed herein have been supplemented by examples of sectional examinations carried out at the request of law enforcement agencies in Polish scientific institutions. The article indicates that the results of examination of gunshot wounds suffered by people in various circumstances may be used for the purpose of issuing forensic veterinary opinions, just as the results of examination of gunshot wounds of large mammals may be helpful in examining the effects of gunshot injuries in humans.


2021 ◽  
Vol 23 (2) ◽  
pp. 16-23
Author(s):  
MIKHAIL DEGTYAREV ◽  

In connection with the adoption of the Federal Law of July 31, 2020 No. 258-FZ “On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation” and of the Federal Law of July 31, 2020 No. 247-FZ “On Mandatory Requirements in the Russian Federation” (Article 13 “Experimental legal regime”) the topic of experimental legislation was updated. The article is devoted to the application of the experimental approach in legal regulation. The author reveals the essence of the concept of experimental legislation, explains the goals and objectives of using the appropriate technologies. The author notes that although in a broad sense it can be said that the adoption of any new law is in itself an experiment, there are still significant differences within the experimental law. The author sets out the essential features of a legislative experiment. The article examines the reasons for the need and prerequisites for the rationality of the use of experimental legislation. The author shows the nature of legislative experimentation and the merits of this toolkit. The author shows the areas of relevant application of the method of experimental legislation. The species diversity of methods of experimental regulatory regulation is indicated. The article compares the method of practical experimental legislation and the method of thought experiment in norm-writing and law- making activities. The article compares the method of practical experimental legislation and the method of digital duplicate-models of legislative acts. The author substantiates the existence of limits of applicability of the method of experimental legislation and demonstrates selected technologies of experimental legislation. In conclusion, the author turns to the complex and controversial problems of using the method of experimental legislation.


2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.


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