scholarly journals The Role of Corporate Agreement as a Legal Mechanism for Regulating Corporate Relations Under the Civil Legislation of the Russian Federation

Legal Concept ◽  
2019 ◽  
pp. 99-104
Author(s):  
Elmira Baibekova
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Negative Impact ◽  
Civil Law ◽  
Legal Analysis ◽  
Corporate Rights ◽  
The Russian Federation ◽  
Basic Characteristics ◽  
Legal Mechanism ◽  
And Control

Introduction: the paper is devoted to the study of the institution of corporate agreement incorporated into the Russian legislation in the course of the civil law reform. The purpose is to determine the essence, meaning and basic characteristics of the corporate agreement in civil law of Russia, by virtue whereof, the author analyzes the concept of subject of the corporate agreement, the main aspects of its legal nature, and also produces a comparative legal analysis of the correlation of the company’s charter and the corporate agreement. Using the methods of scientific knowledge, especially the method of system analysis, in order to identify the areas of improvement of the corporate agreement in the field of regulating corporate rights and obligations, the author analyzes the corporate agreement’s role in the implementation and protection of the company’s corporate rights, as well as in the development of corporate relations. The necessity of further detailed legislative regulation of corporate agreements is argued. Results: the legal confirmation of the institution of corporate agreement in the civil legislation of the Russian Federation allowed the participants of business companies to implement and control their corporate rights and obligations, as well as liability for their non-performance, in accordance with this agreement. Conclusions: corporate agreement is a relatively new institution for the Russian reality, so it requires special attention. It is of great interest to business, which can be seen in practical examples, even the largest corporations with the state participation become parties to such agreements. The need for a detailed study of the corporate agreement is due to the ambiguous position of the legislator regarding the essence, meaning and content of this agreement. The absence of a solid theoretical basis on these issues can have a very negative impact on the law enforcement practice.

scholarly journals RUSSIAN LAW OF OBLIGATIONS REFORMED: THE CONSEQUENCES FOR THE INSTITUTE OF DAMAGES (LOSSES)

2021 ◽  
pp. 689-698
Author(s):  
Y. E. Monastyrsky ◽  
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Code ◽  
Legal Provisions ◽  
The Russian Federation ◽  
Russian Law ◽  
Practice Methods

Introduction: of all the instruments of protection of subjective property rights, the fundamental role belongs to the institute of indemnification, whose regulatory framework needs to be clarified. The purpose of this paper is comparative description of the important legal aspects of the main type of property liability. In accordance with the purpose, the following objectives were set: to determine the extent to which legal provisions of general regulations on obligations laid down in the Civil Code of the Russian Federation should or can be applied to claims for damages; to formulate the proposals for improving the indemnification court practice. Methods: the methodological framework of the study consists of specific scholarly (special legal, comparative legal) and general scholarly (problem-theory, teleological, and system) methods of analysis. The main trends in the development of the institute of liability and the debatable aspects reflected in the Russian and foreign documents were studied with the use of the problem-theory and system analysis methods. Results: being a summary overview of the available knowledge and comparative regulatory material, this paper allowed us to articulate the ideas aimed at improving the fundamental principles of legal regulation of relations in the sphere of protection of subjective rights, in particular indemnification. Discussion: indemnification is a developing major institute of civil law, invariably attracting the attention of scholars around the world. Lately it has taken on special significance and some of its aspects have become a focus of a separate field of scholarly discussion. Many Russian scholars have written about indemnification in a comparative aspect: О. N. Sadikov, V. V. Baibak and others [2, 15]; this paper focuses on the reform of Russian law of obligations and the new provisions of the Civil Code of the Russian Federation of March 8, 2015 and reveals the consequences of the reform for the institute of damages, discussing this topic in detail as a separate standalone issue. Conclusion: we hope that this paper will contribute to further discussion in the civil law doctrine of the ideas and conclusions presented.

scholarly journals Russian legislation on public control

2021 ◽  
Vol 7 (1) ◽  
pp. 374-382
Author(s):  
Vitaly Viktorovich Goncharov ◽  
Tatiana N. Mikhaleva ◽  
Grigory A. Vasilevich ◽  
Evgeny Sergeevich Streltsov ◽  
Aleksandra Alekseevna Milkova ◽  
...  
Keyword(s):  
Civil Society ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Control ◽  
The Russian Federation ◽  
Legal Mechanism

This article is devoted to constitutional legal analysis of international legal bases of the legislation of the Russian Federation on public control. The work substantiates the position that to understand the constitutional legal mechanism of public control in Russia it is necessary to study the international legal framework of control of civil society over public authority in connection with the implementation of generally recognized principles and norms of international law in the legal system of the Russian Federation as a priority the rules of the legal regulation under Part 4 of Article 15 of the Constitution.

scholarly journals Usufruct Law: Origins, Comparative Legal Analysis and Prospects of the Development in Russia

2021 ◽  
pp. 321-345
Author(s):  
L. V. Shchennikova ◽  
◽  
A. Yu. Migacheva ◽  
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Social Issues ◽  
Negative Impact ◽  
Economic Effect ◽  
Civil Code ◽  
Legal Analysis ◽  
Non Profit ◽  
The Russian Federation ◽  
The Right

Introduction: the reform of modern civil legislation cannot be completed without the adoption of a package of amendments to the section of the Civil Code of the Russian Federation devoted to real rights. Moreover, the lack of a developed and consistent concept of real rights has a negative impact on the development of all related areas. Real rights are designed to solve strategic problems of state development, among which social issues are currently coming to the fore. In this regard, it is important to study individual real rights proposed for introduction into civil legislation in terms of their potential to promote not only the economic but also the social development of the country. This paper focuses on usufruct in the aspect of its historical identity, powerful functional message, and internationality. Purpose: the research aims to clarify the significance of real law[1] regulation in solving nationally significant problems. Based on the achievements of foreign doctrine and legislation, we attempt to show the prospects of the introduction of usufruct in the Russian system of real rights. Methods: general (philosophical), general scientific, special scientific (including special legal) methods of cognition: dialectical, logical, historical, sociological, comparative-legal and formal-legal. Results: we have studied civil legislation of thirty countries of the world. The study has shown that the introduction of usufruct can have a positive social and economic effect, but only provided that the legislator does not deviate from the historically established concept of usufruct embodied in foreign law. Conclusions:the Draft of Section II of the Civil Code of the Russian Federation ‘Real Rights’ needs revision, with the initial social function of usufruct taken into consideration. It is necessary to work out a system of grounds for the emergence and termination of usufructuary rights, to introduce a mandatory notarial form of a contract for the establishment of usufruct, to provide for the possibility of establishing usufruct by virtue of law in relation to socially significant objects and on the basis of a court decision, to enshrine non-use of the right among the grounds for termination; to allow the establishment of usufruct in relation to citizens and legal entities, and not only non-profit organizations; to allow multiple usufructuaries; to describe in detail the rights and obligations of the owner and the usufructuary, including the duties of treating the property with care, and to indicate the possible limits of the disposal of the property by the usufructuary, including via transactions; to work out the rules for the exercise of the right of usufruct in relation to certain categories of objects, for example: property of minors, inheritance, agricultural land, forests, minerals, etc.

scholarly journals The application of international treaties of the Russian Federation in the legal proceedings in arbitration courts of Russia

2017 ◽  
Vol 1 (3) ◽  
pp. 174-189
Author(s):  
Olga Kiseleva
Keyword(s):  
International Law ◽  
Russian Federation ◽  
System Analysis ◽  
Point Of View ◽  
Official Publication ◽  
Legal Analysis ◽  
International Treaties ◽  
Application Process ◽  
The Russian Federation ◽  
Commercial Courts

The article substantiates the necessity of a system analysis of the processes of applicationof the norms of international treaties by commercial courts of the Russian Federation. Thisneed is justified, at least, by the following: an insignificant amount of special research inthis field in comparison with a similar subject within the courts of general jurisdiction, thecreation of a relatively new body of supranational control over compliance with the normsof international treaties in the field of commercial courts’ practice.The purpose of the study is to identify problems of application of international treaties ofthe Russian Federation arbitration courts of Russia.The author uses methodology of formal legal analysis of Russian legislation and courts’ decisions.The results and scope of it’s application. The author, taking into account the specifics ofcommercial proceedings and the nature of disputes heard in commercial courts, proposedlegal grounds in a concentrated form which allow to state the existence of the obligation toapply the norms of international treaties by Russian commercial courts. Two levels of suchgrounds can be stated – international and domestic.Publication of the texts of international treaties as a problematic segment of their applicability.The article highlights one of the problematic segments of the application process ofthe norms of international treaties for the purpose of more detailed reflection. The practiceof commercial courts demonstrates that in both legislative acts and acts of applying law,the concepts of "official publication" and "bringing to the public" are alternated with eachother. Despite the reform, the procedure of official publication has not acquired the characterof a systemic institution of Russian law. This significantly complicates the activity ofadministering justice with respect to the legislative acts of international law.Conclusions. From the point of view of international law, the state, independently determiningthe procedure and methods of implementing international treaties within its legalsystem, is not limited in its ability to burden itself with the need to abide by additional proceduresnot provided by the international legal system of procedures. Official publication,as a necessary procedure for the entry of a legislative act into the force, represents such anadditional procedure designed to protect more effectively human rights and freedoms andto streamline law enforcement practice. In this connection, the author formulated the provisions,the implementation of which can help in matters of systematization of the institutionof official publication of international treaties of the Russian Federation.

scholarly journals LAND FEES: A COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION OF THE REPUBLIC OF UZBEKISTAN AND THE RUSSIAN FEDERATION

2017 ◽  
Vol 3 (3) ◽  
pp. 105-108
Author(s):  
Мирголиб Нурматов ◽  
Mirgolib Nurmatov
Keyword(s):  
Russian Federation ◽  
Market Price ◽  
Tax Rates ◽  
Legal Analysis ◽  
Land Rent ◽  
Specific System ◽  
The Status ◽  
The Russian Federation ◽  
The Republic ◽  
Legal Mechanism

The article contains the analysis of the Constitution and laws of the Republic of Uzbekistan and the Russian Federation in the sphere of land ffes. The analysis is carried out on the basic provisions on land, environmental, tax and civil legislation. It defines the specific features of the system of payment for land in the studied countries. In article the essence of the principle of land fees uses as a basic principle of nature, the conditions of the item and requirements in the system of economic-legal mechanism. The essence of such purposes of the principle of fees, as replenishment, promotion of environmental management, improve the efficiency of environmental activities. The author studied the main forms of land fees in the legislation of the aforementioned countries and revealed a general economic and legal mechanisms of land fees in the legislation of the two countries. Also he determined the characteristics and the differences in the provisions of the Uzbek and Russian legislation on issues such as rent of land, the procedure for establishing tax rates for land, etc. As a result the author made a few proposals for improvement of the land legislation of the states under consideration. The most important features of the system of land tax in Uzbekistan were defined in present article such as species, the subjects of land tax, the single land tax, procedure of establishment, change and cancellation, the status of rents, assignments of benefits for a land tax, a specific system of differentiating land tax rates. There were also mentioned similar rules of the land, tax and civil legislation of the Republic of Uzbekistan and the Russian Federation in the sphere of land fees. It is concluded that the most democratic and liberal way of the formation of land value is the market price. It is proposed to fix the fee for any harm to the earth as a species of land rent.

Main Directions of the Russian State Energy Saving Policy in the Field of Electric Power Engineering

2018 ◽  
pp. 85-92
Author(s):  
Lyudmila S. Chikileva ◽  
Svetlana S. Gorohova ◽  
Anna V. Popova
Keyword(s):  
Energy Efficiency ◽  
Strategic Planning ◽  
Energy Saving ◽  
Russian Federation ◽  
System Analysis ◽  
Light Emitting Diode ◽  
Legal Regulation ◽  
Light Sources ◽  
Legal Analysis ◽  
The Russian Federation

The article describes the issues of strategic planning and legal regulation of activities aimed at energy saving and energy efficiency in the Russian Federation. The authors set the goal to determine the directions for strategic planning of the energy saving policy of the Russian Federation based on a comparative legal analysis in order to achieve the goals of sustainable development of an energy­saving economy. The article considers advanced technologies designed to ensure the most effective implementation of the provisions of legal acts adopted in the last decade in Russia. The methodology of this scientific research is the use of hermeneutics, interpreting legal texts and application of formal logical instruments within the system analysis of current Russian strategic planning acts for long­term (medium­term) period to coordinate the activities of economic entities and public authorities in the appropriate direction. Besides, it includes normative acts that establish the legal, economic and organizational basis for stimulating energy conservation and improving energy efficiency as well as legal documents of other countries that determine their policies in this area. The authors come to the conclusion that it is required to consult various specialists, including ophthalmologists, when creating norms of Russian legislation in the field of energy saving; to account for technical and technological characteristics of LED (light emitting diode) modules, chips, other light sources; to take into consideration the possibility of their use in various fields in order to achieve energy efficiency.

Historical prerequisites for legal regulation of prevention crimes committed by the Internal Affairs bodies of the Russian Federation

2020 ◽  
Vol 2020 (2) ◽  
pp. 72-81
Author(s):  
Margarita Yakovleva ◽  
Elena Marchenko
Keyword(s):  
Crime Prevention ◽  
Russian Federation ◽  
System Analysis ◽  
Negative Impact ◽  
Economic Status ◽  
Legal Regulation ◽  
Political Life ◽  
Special Role ◽  
The Russian Federation ◽  
Internal Affairs

The relevance of crime prevention is that crime in today’s innovative society is an extremely dangerous phenomenon that has an adverse impact on the socio-economic status of each state, on individual citizens and their collective entities. This negative phenomenon also have a negative impact on the political «life» of the State: certain types of crimes have a pronounced anti-State character (terrorism, official deception, bribery, etc.). In this regard, there is no doubt about the special relevance of building an effective system of State response to any manifestations of crime, including a system of prevention by the Russian internal affairs agencies, research into the history of these relations. The subject of the study is a scientific analysis of the historical prerequisites of the genesis of the national legislation on the regulation of relations in the field of crime prevention. The purpose of this study is to analyze the legal peculiarities of crime prevention at various stages of legislation in this sphere before the modern stage development. The Methods of research are system analysis, historical, structural, logical, comparative scientific methods. The study highlights the historical stages of the genesis of national internal affairs agencies in relation to crime prevention activities. The results achieved include the analysis of sources of law in the field of crime prevention at each of the historical stages, the analysis of issues in the field of legislative development, and the identification of trends in each of the stages. It is noted that in modern conditions, in accordance with the current Russian legislation, in the system of state authorities whose activities are aimed at combating and preventing crimes, a special role is assigned to the internal affairs bodies of the Russian Federation, headed by the Ministry of Internal Affairs of the Russian Federation. It is this federal executive body that carries out the main range of activities to combat crime, organize preventive measures and prevent, detect and eradicate crime.

scholarly journals Environmental innovations as factor of development of petrochemical industry in Russia

2021 ◽  
pp. 19-23
Author(s):  
A. I. Shinkevich ◽  
◽  
S. S. Kudryavtseva ◽  
Yu. N. Khakimullin ◽  
M. I. Farakhov ◽  
...  
Keyword(s):  
Russian Federation ◽  
Value Chain ◽  
Carbon Dioxide Emissions ◽  
Petrochemical Industry ◽  
System Analysis ◽  
Negative Impact ◽  
Environmental Safety ◽  
Petrochemical Complex ◽  
The Russian Federation ◽  
The Impact

Problem statement (Relevance): the article reflects the current directions of improving the environmental safety of petrochemical production through the development and implementation of environmental innovations that meet the requirements of new technological methods of production. Objective: development of methodological tools for assessing resource efficiency and analysis of the processes of introducing environmental innovations in the petrochemical complex. Methods applied: general scientific methods are used — system analysis, causeand-effect relationships, description and generalization; as well as special methods — graphical analysis, component analysis, factor analysis, descriptive statistics. Informational and analytical materials of the Ministry of Economic Development of the Russian Federation, the Ministry of Industry and Trade of the Russian Federation, Rosstat, the Oslo Guide, government programs are used as an information base for the study. Originality: the factors of environmental innovations in the petrochemical industry are systematized, the coefficients of elasticity between the costs and the resulting indicators of eco-innovations in the petrochemical industry are calculated. Result: the article shows that among the main types of environmental innovations introduced in the petrochemical industry are the reduction of material and energy costs, the reduction of carbon dioxide emissions, the reduction of the negative impact on the environment, the replacement of petrochemical materials with safer ones, recycling of petrochemical waste; it is revealed that the primary factor influencing the intensification of the introduction of environmental innovations in the petrochemical industry is the result of the introduction of eco-innovations at industrial petrochemical enterprises, which is reduced from the intensity of costs for environmental innovations in this industry. Practical relevance: the conclusions and results presented in the article can be applied in the development of strategies and programs to improve environmental safety in the production of petrochemical products along the entire value chain in this industry. In addition, the toolkit proposed in the article may be a prospect for further development and improvement of the methodology for studying the impact of eco-innovation on increasing the efficiency of the petrochemical complex.

scholarly journals On the Question of the Investigator’s Algorithm of Actions During the Interrogation of Foreign Nationals Involved in Criminal Proceedings as Victims

Legal Concept ◽  
2020 ◽  
pp. 123-127
Author(s):  
Anna Zemskova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Negative Impact ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Foreign Nationals ◽  
Legitimate Interests ◽  
The Russian Federation

Introduction: the paper discusses some features of the techniques of interrogating foreign nationals participating in criminal proceedings as victims. The goal is to analyze the problems that arise in connection with the participation of foreigners in the investigation, and develop tactical and psychological and organizational and legal measures to minimize the negative impact on the investigation of problematic circumstances. Using the method of system analysis, various investigative situations were considered and the suggestions were made for organizing an investigation based on the example of questioning foreign nationals involved in criminal proceedings as victims. Conclusions: in practice, for the investigator and inquiry officer, the participation of a foreigner in the criminal process creates the need for additional organizational measures, the list of which, on the example of conducting an interrogation of the victim, is given in the paper. The effectiveness of the investigation of crimes involving foreign citizens will largely depend on the competence of the investigator in applying the provisions of the migration legislation of the Russian Federation. The conflict – free situation of interrogation of the injured foreign citizen and other investigative actions with his participation-more favorable for the investigator, as a rule, occurs only in the case of the legal status of a foreign citizen in the Russian Federation. The use of this algorithm of actions by the investigative bodies can guarantee the rights of foreign nationals involved in criminal proceedings as victims, protect their legitimate interests and conduct an effective investigation.

scholarly journals Formation of the organizational and legal mechanism for ensuring environmental safety in the Russian Federation: problems and solutions

2020 ◽  
Vol 174 ◽  
pp. 02002
Author(s):  
Andrey Vorontsov ◽  
Elena Vorontsova ◽  
Yuriy Drozdenko ◽  
Ulugbek Mannanov
Keyword(s):  
Russian Federation ◽  
Environmental Safety ◽  
Legal Analysis ◽  
Russian Industry ◽  
Russian State ◽  
Problems And Solutions ◽  
The Russian Federation ◽  
Legal Mechanism ◽  
State Of The Environment

The article is a study of the process of formation of the organizational and legal mechanism for ensuring environmental safety in the Russian Federation, as well as an analysis of a number of urgent problems arising in the implementation of the state environmental policy by the country. The authors’ study is interdisciplinary in nature and includes not only a legal analysis of regulatory acts adopted by the Russian state in order to ensure environmental safety, but also some assessments of an economic and natural-scientific (environmental) nature related to the functioning of resource-extracting sectors of Russian industry and their impact on state of the environment. Considerable attention is paid to the worldview aspects of the topic under study. The role of the territories of the Russian Federation not disturbed by economic activity in maintaining the sustainability of the global ecosystem is emphasized.

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