Transformation of Civil Law Regulation of Bank Lending to Environmental Entrepreneurship in the Russian Federation and the European Union

Legal Concept ◽  
2021 ◽  
pp. 136-142
Author(s):  
Tatyana Kokoreva ◽  
Keyword(s):  
Banking Sector ◽  
Civil Law ◽  
Bank Lending ◽  
The European Union ◽  
Social Goal ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Definition Of ◽  
Single Approach ◽  
Law Regulation

Introduction: the paper considers the study of the issues of the civil law regulation of bank lending to environmental entrepreneurship through the analysis of such concepts as “green banking”, “environmental entrepreneurship”, and “social goal of green financing”. Purpose: the author examines the concept and features of bank lending to environmental entrepreneurship, their essential features, highlighted by the civil doctrine and used by judicial practice. Using the methods of scientific cognition, primarily the method of systematic and comparative analysis, the author identifies the constitutive features of bank lending to environmental entrepreneurship by applying an essential-substantive approach to the study of the concept of environmental entrepreneurship and its development in Russia with the help of bank lending. Results: it is established that there is no single approach to understanding bank lending to environmental entrepreneurship in the modern scientific literature. To determine the main approaches to understanding bank lending to environmental entrepreneurship, the author’s approaches to the definition of this phenomenon are systematized. Conclusions: the author concludes that there are no methodologically sound approaches to the financing of environmental entrepreneurship in the banking sector. It seems that the solution to such a problem is possible by creating a universal framework for the methodological support of risk assessment to apply bank lending to environmental entrepreneurship.

On the Problems of Acts Qualification as Violations of Antimonopoly Legislation in Administrative and Judicial Practice

2020 ◽  
Vol 10 ◽  
pp. 62-69
Author(s):  
К. А. Pisenkо ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Judicial Practice ◽  
Illegal Acts ◽  
The Russian Federation ◽  
Definition Of

The article is devoted to defining the main approaches to classifying acts as violations of аntimonopoly legislation. On administrative and judicial practice discusses current issues and problems of definition of illegal acts, both from the point of view of antimonopoly regulation, and the delineation of antimonopoly violations and violations of other mandatory requirements established by the legislation of the Russian Federation.

Protection of intangible benefits as a priority form of legal protection

2021 ◽  
Author(s):  
Victoria Shesterina
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Legal Protection ◽  
Civil Protection ◽  
Judicial Practice ◽  
Innovative Methods ◽  
Intangible Benefits ◽  
Methods And Techniques ◽  
Moral Damage ◽  
The Russian Federation

The article is devoted to the study of the nature and content of the term “protection of personal non-property rights”. Based on the review of judicial practice, the author concludes that civil protection of intangible assets in the Russian Federation is carried out in the restorative and compensatory directions. The article analyzes such methods of civil protection of intangible benefits as compensation for moral damage and refutation of publicly known information of a defamatory nature. Based on the results of the study, the author concludes that it is necessary to apply innovative methods and techniques of civil law protection of personal non-property rights.

Criminal-Legal Characteristics of Encroachment on the Health, Personal Integrity, Honor and Dignity of a Representative of the Authorities

2021 ◽  
pp. 96-103
Author(s):  
N. Yu. Borzunova ◽  
O. S. Matorina ◽  
E. P. Letunova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Criminal Code ◽  
Personal Integrity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Criminal Legislation

The authors of the article consider the criminal- legal characteristics of crimes against representatives of the authorities, in particular, encroachment with the purpose of causing harm to the health, personal integrity, honor and dignity of a representative of the authorities. The definition of the term “representative of the authorities”is given. The main characteristics of a representative of the government are analyzed. Statistical data on the number of convictions and types of punishments in accordance with the provisions of articles of the Criminal Code of the Russian Federation (Articles 318, 319) are summarized. Examples of judicial practice are considered. The ways of improving the criminal legislation are proposed.

scholarly journals THE PROBLEM OF DETERMINING THE LEGAL REGIME OF “DISPUTED” REAL ESTATE: THEORETICAL AND PRACTICAL ASPECTS

2021 ◽  
pp. 19-24
Author(s):  
N.A. Pronina ◽  
T.N. Platunova ◽  
S.O. Kostyakova
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Civil Law ◽  
Property Right ◽  
Legal Regime ◽  
Land Plot ◽  
Legal Definition ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article raises the following topical problems currently inherent in the institution of real estate in theRussian Federation: the unsuccessful legal definition of a real estate object, enshrined in Art. 131 of the CivilCode of the Russian Federation; qualification of objects as immovable and, accordingly, delimitation of themfrom movable ones; the emergence of objects with a controversial legal regime; the need to move from themodel of “plurality” to the model of “unity” of real estate objects. Also, the authors of this article analyzea number of approaches aimed at resolving the above problems and the possible consequences (both positiveand negative) of their implementation in practice, put forward their views and offer their own solutionto these problems. A variant of the legalization of “disputable” objects is proposed by introducing the rightof construction into the civil law of the Russian Federation as a limited property right to use a land plot withthe extension of this right to everything that is being built on such a land plot. The examples of legislativeregulation of the right to build in the civil law of pre-revolutionary Russia are considered, the elements of theright to build in the current law of the Russian Federation are revealed.

Dissemination of damaging information (defamation) as a type of civil tort: concept definition

2020 ◽  
pp. 378-382
Author(s):  
Valeriya Smorchkova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Personal Information ◽  
Judicial Practice ◽  
The United Kingdom ◽  
European Court ◽  
Foreign Countries ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Definition Of

We consider such category as defamation, which is widespread in many foreign countries. Defamation is the dissemination of damaging information, which, however, is true. This concept has become widespread in the last century, many states have adopted special legislation that mediates relations in this area. For example, the United Kingdom has the “Defamation Act 1996” and Singapore has the “Defamation Ordinance 1960”. We emphasize that in the same 1960s in our country “the system of defamation seemed absolutely unacceptable and contrary to the spirit of society”. In the course of study, comparative legal methods are used to analyze the legislation of states with the Anglo-Saxon and Romano-Germanic legal system. Based on the study of the doctrinal points of view of scientists and the positions of higher courts, the definition of this category is formed from the position of civil tort. The following definition is proposed: “Defamation is a violation of civil legislation, which consists in the dissemination of false information damaging the honor, dignity and business reputation of a person and also the dissemination of truthful personal information, the disclosure of which violates the conservation law are listed in the intangible benefits of the citizens”. We analyze the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 no. 3 “On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities”. We conclude that the Supreme Court of the Russian Federation borrowed advanced provisions from the judgments of the European Court of Human Rights.

scholarly journals PRESUMPTION IN MODERN LAW: CONCEPT AND LEGAL MEANING

2021 ◽  
Vol 31 (1) ◽  
pp. 70-80
Author(s):  
E.A. Anchishina
Keyword(s):  
Russian Federation ◽  
Practical Aspect ◽  
Point Of View ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Supreme Court ◽  
Simultaneous Existence ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Meaning

This article presents an analysis of the main existing approaches to the definition of the concept of legal presumption and its essence (logical-philosophical, legal and normative). The author's point of view on the presumption as a method of legal technique is substantiated, which is reflected both directly and indirectly in regulatory legal acts, as well as in the legal provisions of judicial practice, which is confirmed by specific examples from the Resolutions of the Plenums of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and other acts of judicial interpretation. In the course of researching the legal meaning of presumptions, the author highlighted its legal and practical aspect, which is expressed in overcoming the state of uncertainty regarding the existence of certain legal phenomena by fixing a certain assumption and, as a result, releasing a person interested in recognizing the existence of a fact from proving this existence. Particular attention is paid to the problem of determining the limits of the application of various legal presumptions and the admissibility of their simultaneous existence on the example of presumptions in civil law.

scholarly journals A Criminal Misconduct and the Mechanism of its Establishment

Lex Russica ◽  
2021 ◽  
Vol 74 (10) ◽  
pp. 75-84
Author(s):  
A. M. Gerasimov
Keyword(s):  
Criminal Offense ◽  
Scientific Methods ◽  
Judicial Practice ◽  
The Social ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Common ◽  
Common Nature ◽  
Definition Of ◽  
Criminal Legislation

The study is focused on the development of the theory of a criminal misconduct as an independent type of a criminal offense. The aim of the work was to formulate the author’s definition of a criminal misconduct that meets the social demand for the liberalization of the branch of criminal legislation. In the course of the research, the dialectical method was used, which made it possible to discover and analyze the common nature and, at the same time, the independence of a criminal offence and a criminal misconduct A universal tool of cognition was combined with such specific scientific methods as systemic and formal-logical methods. The theses developed in the work are based on the analysis of the content of criminal legislation, as well as the corresponding standins of the Plenum of the Supreme Court of the Russian Federation and representatives of the criminal law doctrine.The author gives examples from judicial practice as illustrations of legally significant situations that receive an ambiguous criminal-legal assessment at the level of law enforcement.Based on the results of the study, the concept of a criminal offense was formulated and the mechanism of its establishment was revealed. A criminal misconduct is justified as an act, although it contains signs of any corpus delicti, formally belonging to the category of small or medium severity, but recognized by the court, due to its insignificance, as not posing a public danger. The mechanism for establishing a criminal misconduct presupposes a statement in the act of the category of public danger (formal signs of corpus delicti) and further exclusion of the degree of public danger and, as a consequence, public danger in general. The ideas presented in the work can serve as a motive and basis for rethinking issues related to the substantiation of the nature of a criminal misconduct and its delimitation from other legal torts.

scholarly journals THE CONSTITUTIONAL RIGHT TO QUALIFIED LEGAL ASSISTANCE AS GUARANTEE OF JUDICIAL PROTECTION: QUESTIONS OF THEORY AND PRACTICE

2020 ◽  
Author(s):  
А.Ю. Гусев
Keyword(s):  
Social Security ◽  
Theory And Practice ◽  
Legal Assistance ◽  
Judicial Practice ◽  
The Social ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Definition Of ◽  
Judicial Protection ◽  
Made In

В статье с приведением примеров из судебной практики доказывается тезис о том, что квалифицированная юридическая помощь является гарантией эффективной судебной защиты в области социального обеспечения граждан. Предложено авторское определение понятия «квалифицированная юридическая помощь», приводятся аргументы в пользу повышения финансовой заинтересованности адвокатов при оказании бесплатной юридической помощи, предлагаются пути оптимизации социально-обеспечительного законодательства РФ. The article with examples from judicial practice proves the thesis that qualified legal assistance is a guarantee of effective judicial protection in the field of social security of citizens. The author's definition of "qualified legal assistance" is proposed, arguments are made in favor of increasing the financial interest of lawyers in providing free legal assistance, and ways to optimize the social security legislation of the Russian Federation are suggested.

scholarly journals Transnational Corporations as Business Entities in the Banking Sector

Legal Concept ◽  
2021 ◽  
pp. 137-143
Author(s):  
Tatyana Kokoreva
Keyword(s):  
Banking Sector ◽  
Transnational Corporations ◽  
Transnational Corporation ◽  
International Capital ◽  
Economic Relations ◽  
Judicial Practice ◽  
International Economic Relations ◽  
Business Entities ◽  
Definition Of ◽  
Transnational Bank

Introduction: the paper is devoted to the study of the essence of understanding TNCs in the banking sector through the analysis of such concepts as “transnational company (corporation)”, “international company (corporation)”, “international bank” and “transnational bank”. To this end, the author examines the concept and features of transnational corporations in the banking sector, their essential features, highlighted by the civil doctrine and used by judicial practice. Using the methods of scientific cognition, primarily the method of system and comparative analysis, the author identifies the constituent features of a transnational corporation by applying an insight-substantive approach to the study of the concept of TNCs as the largest intermediary in the system of international capital migration. Results: it is established that in the modern scientific literature there is no single approach to understanding the transnational corporation in the banking sector. In order to determine the main approaches to the understanding of TNCs in the banking sector, the author’s approaches to the definition of this phenomenon are systematized. The study identifies three groups of approaches: a TNC as a national company transcending the state; a TNC as a set of national companies; a TNC as a parent company operating in several states. Conclusions: the author concludes that a TNC in the banking sector should be understood as a transnational bank operating in several countries on the basis of an institutionalized network of representative offices operating on the basis of the national legislation of the countries of operation, which allows them to ensure the international movement of capital in order to diversify the economy and stimulate the innovative development of international economic relations.

scholarly journals The Russian Federation as a subject of defamatory civil law relations during the formation of the digital economy

2021 ◽  
Vol 106 ◽  
pp. 02002
Author(s):  
Alexey Telnov
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Russian State ◽  
Material Goods ◽  
The Subject ◽  
The Russian Federation

The subject of the study of this article is public relations associated with the dissemination of untrue, defamatory information (defamation) with respect to the Russian state, concerning various spheres of its activities, as well as the relevant norms of Russian civil law, the norms of international law governing non-material goods, personal non-property rights of the Russian Federation, as an independent participant of civil legal relations, the provisions of the legal doctrine and judicial practice concerning the relevant objects of civil rights (reputation, business reputation).

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