scholarly journals Civil law reform in Russia: a critical analysis

10.12737/982 ◽  
2013 ◽  
Vol 1 (4) ◽  
pp. 197-204
Author(s):  
Ольга Серова ◽  
Olga Serova
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
Civil Law ◽  
The State ◽  
Law Reform ◽  
The Russian Federation

The article describes the state of civil law at this stage. The concept of development of civil legislation of the Russian Federation has set a clear direction changes. In reality, however, many of the provisions have not been taken into account. The article identifies the main trends of development of the system of legal persons. The author marks positive and negative aspects of the proposed legislative innovations.

SUBORDINATION AGREEMENT IN THE SYSTEM OF PRIVATE LAW

2021 ◽  
Vol 21 (3) ◽  
pp. 7-107
Author(s):  
M.D. TYAZHBIN
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Law Reform ◽  
Private Law ◽  
Legal Nature ◽  
The Russian Federation

The article is dedicated to the category of subordination agreements. Based on the concept of conflict of rights in personam, the author makes an attempt to integrate this category into the system of private law, to determine the legal nature of subordination, and from these positions to assess the effectiveness of Art. 309.1 of the Civil Code of the Russian Federation, implemented in the course of the civil law reform.

scholarly journals Terror as a Tool of Stalin’s Rule Book Review: Syrykh VM. The Legal Nature of Stalin’s Terror: In Compliance with the Directives of the Party, but Contrary to the Law. Moscow: Yurlitinform Publ.; 2020

Lex Russica ◽  
2021 ◽  
pp. 146-155
Author(s):  
V. G. Baev ◽  
A. N. Marchenko
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
The State ◽  
State System ◽  
Legal Scholar ◽  
Soviet People ◽  
Legal Nature ◽  
The Russian Federation ◽  
Legal Theorist

The paper provides for a critical analysis of the monographic work by famous Marxist legal scholar, Doctor of Law, Professor, Honored Scientist of the Russian Federation Vladimir M. Syrykh. As known, there are a lot of works investigating the crimes of Stalinist politics based on open sources that have become available to scientists. Prof. Syrykh cultivates a different, legal view of the activities of Stalinist leadership. As a legal theorist and methodologist, he set himself the goal of analyzing the legal nature of Stalin’s repressive policies and his associates in the 1930s-1950s. The researcher concluded that Stalin’s leadership in the process of building the socialist state turned away from the requirements of the constitution and Soviet legislation, acted contrary to law, replacing it with Directives, which can be qualified as undermining the state system.Reviewers praise the work by Vladimir M. Syrykh, sharing many of his submissions. As reviewers see, the author’s intention was to purge the very idea of socialism from the distortions and perversions brought by Stalin. According to the author, Stalin perverted the creative nature of Marxism and Lenin’s legacy. However, the authors of the review indicate that the policy of terror against the Soviet people coincides with the period of Stalin’s rule, which gives grounds to Prof. Syrykh opponents to claim: 40 years of socialist construction involved violence, coercion and killing thousands of people. The book under review is written to counter such claims.

scholarly journals Challenges of Compulsory Seizure of Private Property by the State through Requisition, Confiscation and Nationalization under the Civil Legislation of Russia

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 25-32
Author(s):  
E. V. Bogdanov
Keyword(s):  
Russian Federation ◽  
Private Property ◽  
Civil Law ◽  
Civil Code ◽  
State Ownership ◽  
The State ◽  
State Responsibility ◽  
Additional Equipment ◽  
The Russian Federation ◽  
To Come

The existence of extraordinary circumstances, which should be understood as circumstances unavoidable under these conditions, constitutes the condition for requisition. The Civil Code of the Russian Federation gives state bodies a certain freedom in carrying out requisitions, as it is hardly possible to list all exceptional circumstances when additional equipment or other property will be required both to prevent the development of emergencies and to deal with their consequences.Civil law confiscation involves the termination of private property and the emergence of state ownership of confiscated property. Therefore, it is impossible to treat as confiscation the seizure of tengible media according to Para. 4 of Art. 1252 of the Civil Code of the Russian Federation, because they were produced in violation of the law and, therefore, ownership has not arisen. The paper also substantiates the conclusion that nationalization requires relevant property to come not into the property of the State, but into the national property. In the author’s opinion, the currently existing State property does not contain any hints of national property, and it can be stated that the Russian people even more than previously are removed from the property of the State and are excluded from State responsibility. Nationwide property serves as a foundation of the civil society.

scholarly journals Civil-legal institutions in tax law enforcement.

2017 ◽  
Vol 1 (3) ◽  
pp. 42-49
Author(s):  
Marina Karaseva (Sentsova)
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
The State ◽  
Constitutional Court ◽  
Legal Institutions ◽  
The Russian Federation ◽  
Property Losses ◽  
Civil Order

The subject. The enforcement of civil-legal institutions, such as liability for damage and unjustenrichment in tax disputes.The purpose of the paper is to identify how the civil-legal institutions may help in interpretationand enforcement of tax legal rules.The methodology. The methods of analysis and synthesis are used. The focus of the scientificanalysis concerns the decisions of the Constitutional Court of the Russian Federation,the Supreme Court of the Russian Federation and the courts of general jurisdiction.Results and scope of application. Damage (harm) caused to the state by tax arrears is fundamentallydifferent from the harm (damage) caused to the civil order, responsibility forwhich is provided by Art. 1064 of the Russian Civil Code. Concerning the damages to stateby tax arrears, these arrears don’t affect the initial assets of the state and couldn’t be reimbursedusing to the civil order (Art. 1064 of the Russian Civil Code).Concerning property deduction on personal income tax, it can't be equaled to tax (arrears)by using the legal fiction. Because the underestimation of the tax base for personal incometax leads to property losses of the budget, this situation is subject to the application of civillaw institutions.Conclusions. Today the law enforcement practice creates a situation of substitution of legalityby expediency. The essence of this situation is that, if it is not possible to solve a situationby using tax legal rules, the situations is solved by civil law, although the applicationof the civil law to these situations is not possible on the merits.

scholarly journals Certain features of using of the "estoppel" doctrine in civil proceedings of the Russian Federation

2019 ◽  
pp. 167-171
Author(s):  
Anna V. Ivkova ◽  
Yelizaveta S. Krotova
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Procedure ◽  
The State ◽  
Good Faith ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation

The "estoppel" concept and the issues of applying the "estoppel" rule in international law and Russian civil law are considered in this paper. Procedural legislation novels stipulated in the Concept of the Unified Civil Procedure Code of the Russian Federation, approved by the Committee on Civil, Criminal, Arbitration and Procedural Legislation of the State Duma of the Federal Assembly of the Russian Federation on December 8, 2014, are noted here. The authors propose amendments to the civil procedural legislation, which will allow to apply the "estoppel" rule in civil proceedings. Particularly the authors propose to supplement Article 12 of the Civil Procedure Code of the Russian Federation with part 3, including in it the obligation of the party to act in good faith in the exercise and protection of their rights and obligations. The authors indicate what exactly should be understood as unfair behaviour in this context.

scholarly journals Crimes in Transport: New Project — Old Weaknesses

2019 ◽  
pp. 172-189
Author(s):  
A. I. Korobeev ◽  
A. I. Chuchaev
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
Criminal Code ◽  
The State ◽  
State Law ◽  
Doctrinal Development ◽  
Scientific Project ◽  
The Russian Federation

The paper gives a critical analysis of the scientific project of the chapter on transport crimes, presented by the team of authors — candidates of sciences (law), associate professors of the Saratov State Law Academy R.O. Dolotov, E.V. Kobzeva, K.M. Khutov under the supervision and with the participation of a Dr. of Sci. (Law), Professor of the same academy N.A. Lopashenko — within the framework of the state task (Criminal Code of the Russian Federation (scientific project) / edited by N. A. Lopashenko. Moscow: Yurlitinform, 2019. 320 p. The author of the chapter is R.O. Dolotov). The problems of the system of rules of law on these acts, the criteria for classifying crimes as transport are examined in detail, the legislative technique of the proposed norms is investigated, their significant shortcomings are shown, a general assessment of the doctrinal development of the topic is expressed.

scholarly journals LEGALITY OF DECISIONS TAKEN BY THE SUBJECTS OF OPERATIONAL AND INVESTIGATIVE ACTIVITIES: ON THE QUESTION OF THE LEGAL NATURE

2020 ◽  
Author(s):  
Dmitriy A. Babichev
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Critical Analysis ◽  
Legal Regulation ◽  
The State ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Legal Nature ◽  
The Russian Federation ◽  
Broad Understanding

The article deals with the problem of determining the legal nature of the decisions taken by the bodies engaged in operational investigative activities. Stating the amorphousness in the relevant scientifi c research, the author refers to the doctrinal ideas about the essence of legality in the fi eld of operational and investigative activities. On the basis of a critical analysis of the provisions set forth in the most cited dissertations, monographs, textbooks, as well as in the comments to the Laws of the Russian Federation «On the Prosecutor’s offi ce of the Russian Federation», «On operational investigative activities», a number of judgements are put forward. It is stated that the rule of law is a social and legal phenomenon, which can be considered to be a principle, a method or regime. Legality as a phenomenon develops and changes together with society, law and the state. Understanding and interpreting the rule of law often does not take into account the conceptual shifts in the architectonics of legal regulation that have occurred in post-Soviet Russian legislation. The author comes to the conclusion that the modern conditions for the implementation of operational and investigative tasks dictate the urgent need to clarify and even revise the essence of legality by moving from a narrow to a broad understanding of its legal nature. In particular, preference is given to the legal approach, which implies subordination of the rule of law to higher legal principles and ideals, for example, justice.

PROBLEMS OF SECULAR NATURE OF THE STATE PRINCIPLE IN THE RUSSIAN FEDERATION

2019 ◽  
Vol 12 (2) ◽  
pp. 21-24
Author(s):  
Gatsolaeva Aleftina Hadzibekirovna ◽  
◽  
Gabaraev Alan Shotaevich ◽  
Keyword(s):  
Russian Federation ◽  
The State ◽  
The Russian Federation

ALGORITHM FOR DETERMINING THE DEGREE VALUES OF CONFIDENTIAL DOCUMENTS OF THE ORGANIZATION

2017 ◽  
pp. 80-88
Author(s):  
Sergey Valerevich Belov ◽  
Irina Mikhalovna Kosmacheva ◽  
Irina Vyacheslavovna Sibikina
Keyword(s):  
Information Security ◽  
Russian Federation ◽  
Value Of Information ◽  
Weighting Factor ◽  
State Regulation ◽  
The State ◽  
Information Security Management ◽  
Pair Comparison ◽  
The Russian Federation ◽  
Properties Of Information

To solve the problem of information security management the method was proposed that allows determining the degree of importance of confidential documents of the organization. The urgency of the proposed algorithm was substantiated taking into account the requirements of the legislation of the Russian Federation in the sphere of information security. The stages prior to the formation of the list of confidential documents of the organization were described. A review of the main documents of the legal and regulatory framework was carried out including documents relating to the state regulation of relations in the sphere of information security. The classes of protected information for the accessing categories were considered. The criteria changes of the value of information in the process of time were represented. The algorithm of formation of the list of confidential documents of the organization based on the properties of information was offered. The algorithm is based on an expert method of pair comparison of alternatives. The result of the use of this method is a number of confidential documents, ranked in descending order of importance. For each document the weighting factor of importance can be calculated. The verification stage of the degree of expert consistency was included in the methodology to eliminate the use of erroneous expert data. The application of the methodology is illustrated by a calculated example.

Updating the methodology for providing incentive subsidies to depressed agricultural regions

2020 ◽  
Vol 19 (12) ◽  
pp. 2210-2224
Author(s):  
V.M. Sharapova ◽  
T.N. Medvedeva ◽  
E.A. Farvazova
Keyword(s):  
Russian Federation ◽  
Agricultural Sector ◽  
Methodological Approach ◽  
State Regulation ◽  
The State ◽  
State Support ◽  
Agricultural Producers ◽  
The Russian Federation ◽  
Depressed Regions ◽  
Agricultural Regions

Subject. The article considers a procedure for calculating and distributing State support to depressed agricultural regions in the framework of a new type of budget financing, i.e. compensating and stimulating subsidies. Objectives. The purpose is to evaluate the efficiency of the system of State regulation of agribusiness in a depressed region, determine the priority of modern methods of budgetary support from the State, improve the methodological approach to the distribution of State aid among subjects of the Russian Federation with low level of socio-economic development. Methods. The study draws on the abstract and logical method, methods of statistical analysis, grouping, comparison, and generalization. Results. We realized the objectives of the study, using the agricultural producers of the Kurgan Oblast case. The paper analyzes the condition of agricultural sector in the depressed region, assesses the State support system efficiency for the agricultural sector of the Trans-Ural region, considers government measures related to the regulation of the economy of backward regions. It presents an updated method of budget financing within an incentive subsidy by clarifying the calculations and introducing an additional indicator that reflects the level of remuneration of regional agricultural producers. Conclusions. The updated calculation methodology for incentive subsidies to depressed regions enables to build a certain economic rating of ten depressed regions of the Russian Federation, taking into account not only the volume of production and employment, but also the level of wages of agricultural workers.

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