Administrative Liability for Illegal Remuneration on Behalf of Legal Person

10.12737/7545 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Артем Цирин ◽  
Artem Tsirin ◽  
Сергей Зырянов ◽  
Sergey Zyryanov
Keyword(s):  
Law Enforcement ◽  
Present Article ◽  
Russian Federation ◽  
Legal Person ◽  
Criminal Prosecution ◽  
Criminal Offence ◽  
National Plan ◽  
The Russian Federation ◽  
Russian Law ◽  
Administrative Responsibility

The present article is devoted to problem aspects of administrative responsibility for illegal remuneration on behalf of the organization in the Russian Federation. In the article on the base of law-enforcement practice are analyzed suggestions for improvement of legislative mechanisms of involvement organizations to responsibility for the corruption offenses made from a name or in interests of such organizations. Carrying out researches on the designated subject is provided by the National plan of corruption counteraction for 2014—2015. In Russian law-enforcement practice there are a lot of cases when the organization actively assists in criminal prosecution of the guilty person. However, judges make the organization responsible. Considering the big sizes of sanctions provided by this article, the situation is perceived as injustice and doesn´t promote achievement of the objectives of administrative responsibility. In this regard authors developed the special bases of releasing organization from responsibility in cases when governing bodies actively promote disclosure and investigation of the criminal offence made by interested person.

scholarly journals SUBJECTS OF TRANSFER OF CRIMINAL PROSECUTION (PROCEEDINGS) WITHIN THE FRAMEWORK OF INTERNATIONAL COOPERATION. PART I. COURT AND THE PARTICIPANTS FOR THE PROSECUTION

2021 ◽  
Vol 1 ◽  
pp. 11-14
Author(s):  
Kirill K. Klevtsov ◽  
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Russian Federation ◽  
Case Material ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Foreign State ◽  
The Russian Federation

In the article the author taking into account doctrinal sources and law enforcement practice, considers the subjects of legal relations (the court and the participants on the part of the prosecution) when sending a criminal case (material for checking a crime report) to a foreign state to resolve the issue of criminal prosecution or initiating a criminal case against a person, not subject to extradition to the Russian Federation. As a result, the author draws appropriate conclusions, both theoretical and applied.

scholarly journals RUSSIAN INVESTIGATION AS VIEWED BY A HISTORIAN

2019 ◽  
Vol 12 ◽  
pp. 3-10
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
18Th Century ◽  
Legal Aspects ◽  
Russian Society ◽  
History Of ◽  
The Russian Federation ◽  
Russian Law ◽  
The Government ◽  
Low Efficiency

The article is dedicated to the famous Russian historian and legal expert Doctor of History Dmitriy O. Serov and a brief analysis of his studies concerning the establishment and development of the Russian law enforcement authorities in the first third of the 18th century: courts, prosecutor’s office, fiscal service, investigative authorities. Having started his scientific activities from studies of history of the spiritual life of the Russian society from the 17th to the 18th century, D.O. Serov then moved on to the legal aspects of history of the 18th to the 20th century, history of the personnel of the national government machine focusing on investigative authorities and was recognized in our country and abroad as one of the best experts of the Peter the Great’s epoch, specialist in history of the Russian law enforcement and judicial systems, leading scientist studying history of the Russian investigative authorities. D.O. Serov developed new areas of historical and legal research; identified, researched and introduced into scientific discourse many earlier unknown or briefly mentioned archive files including the Instruction to Major’s Investigative Chancelleries of December 9, 1717. The educational course History of the Russian Investigative Authorities was launched based on his research; a new professional holiday, the Day of an Investigation Officer of the Russian Federation, was introduced by Resolution of the Government of the Russian Federation No. 741 of August 27, 2013 (July 25, the day of establishment of the first M.I. Volkonskiy investigative chancellery); some memorable dates of history of the national pre-trial investigation were introduced (including December 9, the Day of Establishment of Major’s Investigative Chancelleries). D.O. Serov justified that the Russian investigative authorities originated in the form of investigative chancelleries. The basis for acknowledgment of such chancelleries as investigative authorities is their characteristics as an independent permanent government authority, designated to investigate criminal cases on the pre-trial stage, being the only function of this authority. D.O. Serov’s research showed that the reason for a short life of such authorities was not their low efficiency. Quite the opposite, major’s investigative chancelleries were in advance of their time and turned out to be misfitting even for the reformed state mechanism of Russia.

scholarly journals Digital Transformation of Enforcement Proceedings: Russian Experience

2019 ◽  
Vol 71 ◽  
pp. 02009
Author(s):  
G.E. Ageeva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Public Life ◽  
Legal Regulation ◽  
Social Processes ◽  
Digital Transformation ◽  
Negative Experience ◽  
Digital Space ◽  
The Russian Federation ◽  
Russian Law

In this study, the author considers the main problems of digital modernization concerning enforcement proceedings in the Russian Federation. Generation and further enhancement of the digital space have determined the vector of legal regulation in the implementation of any social processes several years ago. Various aspects of the economic, legal and other spheres of public life were reformed. Changes in various areas of enforcement proceedings occurred in stages, sequentially and in plain consideration with the specific features of legal relationships. However the digital transformation of enforcement proceedings has not yet come to its final stages. Many researchers note the “unavailability” of both legislation and law enforcement procedure for the changes that are taking place as well as to the final establishment of such changes as the basic and fundamental rules of law enforcement. In addition, the existing fragmentary regulation in the process of law enforcement gave rise to many problems. In this article the author attempts to identify the positive and negative experience of digital modernization of Russian law enforcement practice and define suggestions that could improve the process.

scholarly journals Administrative Responsibility as a Means of Protection of Patent (Inventor’s) Rights in the Russian Federation: Some Issues of Legal Regulation

Lex Russica ◽  
2020 ◽  
pp. 9-17
Author(s):  
N. A. Kulakov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Protection ◽  
Legal Regulation ◽  
Patent Law ◽  
Law Enforcement Agencies ◽  
Patent Rights ◽  
The Russian Federation ◽  
The Right ◽  
Administrative Responsibility

The purpose of the research paper is to study the problems of legal regulation of administrative liability in the field of patent law. As a result of the conducted research, the author comes to the conclusion that administrative responsibility as a means of legal protection of patent rights possesses significant potential capacity. However, a number of factors do not allow this potential to be enforced to the necessary extent. The author enumerates the following factors: latency of administrative offenses in the field of the patent legislation and lack of confidence of rights’ holders in law enforcement agencies in this area; low level of legal qualification of law enforcement officials in the field of the patent legislation; problems of the normative and legal regulation of administrative liability for infringement of patent rights. The author sees the solution to the problem of increasing the efficiency of administrative responsibility in the field of the patent legislation as a complex counteraction to the above factors. Within the framework of the paper special attention is paid to the problems of legal regulation of administrative liability in the field of patent legislation. The author analyzes Para 2 of Art. 7.12 of the Code of Administrative Offences of the Russian Federation, which provides for liability for violation of patent and inventor’s rights. The author comes to the conclusion about the need to develop this legal rule and defines a number of proposals for amending the current legislation. In addition, in order to ensure a comprehensive and effective protection of the right to remuneration for an invention (utility model, industrial design), a proposal has been formulated to expand the jurisdiction of the federal labor inspectorate and introduce the consequential amendments to the secondary legislation.

scholarly journals Discretionary Model of Legal Regulation of a Criminal Case and Criminal Prosecution Termination: Pro et Contra

2020 ◽  
Vol 15 (11) ◽  
pp. 214-222
Author(s):  
G. N. Kucherov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Enforcement Officer ◽  
The Russian Federation ◽  
Law Enforcement Officer ◽  
The Law

The paper discusses the issues of choosing the most effective model of criminal proceedings termination, analyzes the proposed in the scientific literature model of refusal of the discretion of the law enforcement officer when making an appropriate procedural decision. The author, based on the practice of the European Court of Human Rights, the Constitutional Court of the Russian Federation and the decisions of the Plenum of the Supreme Court of the Russian Federation, studies the relationship between the principle of justice and the legality of procedural decisions to terminate a criminal case and criminal prosecution. The author concludes that the discretionary model of legal regulation of a criminal case and criminal prosecution termination is an effective means of achieving the purpose of criminal proceedings, allowing the law enforcement officer to make a fair decision, given the nature, degree of social danger of the crime, the circumstances of its commission, information about the identity of the person who committed the crime. Refusal of the discretion of the law enforcement officer in the matter of terminating a criminal case will not only not contribute to the humanization of legislation, but will mark the victory of formalism over justice in criminal proceedings.

scholarly journals Legal means of antimonopoly regulation of entrepreneurial activity. Responsibility for violation of antitrust laws.

2020 ◽  
Vol 8 (3) ◽  
pp. 41-45
Author(s):  
Vladislav Belyay
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
Dominant Position ◽  
Antitrust Laws ◽  
The Russian Federation ◽  
Administrative Responsibility

The aim of this legal research is to analyze the legal means of antimonopoly regulation of entrepreneurial activity. In the course of the study, it was possible to find a number of problems in the use of legal means of antimonopoly regulation of entrepreneurial activity, as well as in the area of bringing to administrative responsibility for violation of antimonopoly legislation. To solve the above problems, the author suggests: 1. For a more effective fight against the abuse of a dominant position, it is necessary to apply tools of risk-oriented control 2. Create a mechanism for coordinating the actions of law enforcement agencies and antimonopoly authorities to identify the most dangerous offenses in the field of antimonopoly regulation. 3. Create a separate procedure for legal regulation of bringing to administrative responsibility for violation of antimonopoly legislation, separating these norms from the Code of Administrative Offenses of the Russian Federation into the current law on the protection of competition.

scholarly journals Application of the Principle of Increased Tolerance of Public Persons to Criticism Addressed to Them in the Russian Federation

2019 ◽  
pp. 29-34
Author(s):  
E. V. Loos
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
Freedom Of Expression ◽  
European Court ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law ◽  
The Right ◽  
Official Status

The article discusses the legal and philosophical aspects of the application in the Russian Federation of the principle of increased tolerance of public persons to criticism addressed to them established by the European Court of Human Rights. The author believes that the principle in question contradicts Article 19 of the Constitution of the Russian Federation that guarantees equality of human and civil rights and freedoms regardless of property and official status, membership in public associations, as well as other circumstances. The author has questioned the appropriateness of the introduction of the principle of increased tolerance in Russian law enforcement practice, since it does not contribute to the realization of the “spirit of the law,” while leading to unnecessary accumulation of the law. It is noted that the question of the balance between the right to freedom of expression and opinion and the right to protection of the honour and dignity of the person in the process of criticism of public persons and their activities cannot be settled exhaustively in the legislation as it affects the sphere of morality.

scholarly journals Differntiation between Rational and Sustainable Use of Natural Resources in Land Law

Lex Russica ◽  
2020 ◽  
pp. 54-66
Author(s):  
E. V. Luneva
Keyword(s):  
Law Enforcement ◽  
Natural Resources ◽  
Russian Federation ◽  
Land Reclamation ◽  
Sustainable Use ◽  
Land Law ◽  
Rational Use ◽  
The Russian Federation ◽  
Administrative Code ◽  
Administrative Responsibility

The rational use of natural resources in land law is understood as the increase in the ecological efficiency of the use of natural resources, including the quality improvement. the paper identifies the types of public relations concerning the rational use of natural resources in land law: 1) improvement of the state of the natural environment and the ecological situation in general; 2) improvement of the quality of land as a separate natural resource and a natural object; 3) land reclamation; 4) land restoration; 5) additional reproduction of land fertility; 6) other relationships aimed at improving the sustainability of environmental systems of which land is a part. On the example of Part 2 Art. 8.7 of the Administrative Code of the Russian Federation, Para. 2 of Art. 45, Para. 2 of Art. 46 and Para. 1 of Art. 47 of the Criminal Code of the Russian Federation the paper shows the significance of differentiation between rational and sustainable use of natural resources in land law for law enforcement. The proposed differntiation leads to overcoming legal uncertainty when bringing to administrative responsibility and forced termination of rights to land plots for failure to fulfill mandatory measures for the land improvement. The author substantiates the supression from the objective side of the administrative offense provided by Part 2 of Art. 8.7 of the Administrative Code of the Russian Federation, of the failure to act on mandatory improvement of lands. The reasons for the proposed change of the rule include: 1) the absence in law enforcement practice of the facts of bringing to administrative responsibility under Part 2 Art. 8.7 of the Administrative Code of the Russian Federation for failure to comply with mandatory measures to improve lands; 2) recognition by courts in most cases of the design of part 2 of Art. 8.7 of the Administrative Code of the Russian Federation as a formally defined crime; 3) the study of Part 2 Article 8.7 of the Code of Administrative Offences of the Russian Federation in the science of Land Law exclusively in the context of the failure to implement mandatory measures to protect land and soil; 4) only social relations in the field of preservation and protection of land against negative impact can be the object of an administrative violation.

Legal Remedies of Prosecutor’s Supervision in Places of Forced Isolation from Society

2021 ◽  
pp. 93-100
Author(s):  
Oleg V. Voronin ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Prosecution ◽  
Legal Remedies ◽  
Traditional Remedies ◽  
The Russian Federation ◽  
The Law ◽  
The Right ◽  
High Degree ◽  
Goals And Objectives

The concept “legal remedies of prosecutor’s supervision” includes the powers of the prosecutor, acts of prosecutor’s supervision, as well as the procedure for their implementation, which is the methods of their application. The legal remedies of prosecutor’s supervision have a high degree of normative regulation and a more complex content of the main elements. Their implementation is regulated by both the Law on the Prosecutor’s Office and other specific laws. While superficially similar to the traditional remedies of prosecutor’s supervision, they are designed for immediate execution and serve as a form of implementation of the prosecutor’s powers, including the administrative ones. The prosecutor’s powers are understood as the totality of the rights and duties of the prosecutor granted to them by the Law on the Prosecutor’s Office and other federal laws for the implementation of the functions and for the achievement of the goals and objectives assigned to the prosecutor’s office. Traditionally, all powers of the prosecutor are divided into two main groups: general (exercised in all areas) and special (used in certain areas of prosecutor’s activities). Acts of the prosecutor’s response are documented law enforcement decisions of the prosecutor; they contain a legal assessment of the state of legality in each specific case, as well as the requirements of the prosecutor arising from their powers and aimed at ensuring the legal state of the supervised environment. From the acts of the prosecutor’s response, acts of prosecutor’s supervision are separately distinguished; they serve as a form of implementation of the exclusively supervisory function of the prosecutor’s office: protest, presentation and warning. Article 33 of the Law on the Prosecutor’s Office establishes that when exercising prosecutor’s supervision over the legality of compulsory isolation, the prosecutor makes protests and proposals, orders for release, and initiates proceedings on administrative offenses. If signs of a crime are found, the prosecutor sends the investigative jurisdiction materials to decide on the criminal prosecution of the perpetrators. The issuance of special acts of the prosecutor’s response when exercising supervision over the legality of forced isolation is provided for by the Code of Criminal Procedure of the Russian Federation, the Penal Code of the Russian Federation, and the Law on Detention. Special acts include the prosecutor’s resolutions on release from places of compulsory isolation, on exemption from serving illegally imposed disciplinary sanctions, consents and sanctions. In addition, within the framework of these activities, the prosecutor is also guided by the general provisions of the Law on the Prosecutor’s Office and has the right to issue other acts of prosecutor’s supervision and response if there are appropriate grounds.

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