scholarly journals Technogenic mineral accumulations: problems of transition to circular economy

2021 ◽  
Vol 6 (2) ◽  
pp. 73-89
Author(s):  
M. N. Ignatyeva ◽  
V. V. Yurak ◽  
A. V. Dushin ◽  
V. E. Strovsky
Keyword(s):  
Circular Economy ◽  
Legal Status ◽  
Raw Materials ◽  
Economic Incentives ◽  
Federal Law ◽  
Commercial Exploitation ◽  
Private Partnership ◽  
Legal Nature ◽  
The Russian Federation ◽  
Study Hypothesis

The study hypothesis is determined by the statement that the identification of a set of issues covering all stages of introducing technogenic deposits into economic turnover will allow focusing on solving a set of complex problems associated with technogenic mineral accumulations (mining waste). The aim of the study was to identify problems requiring priority resolution, which, in turn, accelerated the transition to a circular economy (implementation of the concept of closed supply chains) in the context of handling technogenic mineral accumulations. In the course of the study, issues of legal nature were identified (caused by the absence of the legal status of technogenic deposits and the regulation of their use regime in the Federal Law of the Russian Federation “On Subsoil”). A number of aspects are due to the complexity and cost of development of technogenic deposits, which are rightfully classified as unconventional types of raw materials, and in most cases require state support (for involving in commercial exploitation) in the form of a system of economic incentives, the feasibility of which should be confirmed by newly-elaborated regulatory legal acts. State should use the tools of public-private partnership in solving waste problems, in particular, referring to the positively proven experience of implementing regional target programs for processing of technogenic mineral accumulations. Viability of transition to circular economy in the sphere of handling technogenic mineral accumulations depends on the timeliness of the identified problems solution.

scholarly journals The structure and features of the civil status of an individual entrepreneur in modern Russia

2021 ◽  
Vol 7 (3C) ◽  
pp. 424-442
Author(s):  
Dina Viktorovna Alontseva ◽  
Sergey Vladimirovich Vorobyev ◽  
Olga Anatolyevna Lavrishcheva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Modern Society ◽  
Practical Significance ◽  
Federal Law ◽  
Legal Nature ◽  
Civil Status ◽  
General Scientific ◽  
The Russian Federation ◽  
Made In

Based on the analysis of the modern legislation of the Russian Federation and taking into account the existing scientific concepts, the authors studied in detail the legal nature and identified the features of certain types of legal statuses of an individual entrepreneur, as well as revealed the structure and analyzed in detail the specifics of the civil status of an entrepreneur in modern Russia. As a result of the conducted research, the author's concept of the "civil status of an individual entrepreneur" was formulated and the need for the adoption of the Federal Law "On the legal status of an individual entrepreneur in the Russian Federation" was justified. The practical significance of the work is determined by the fact that the conclusions made in the course of the study can contribute to improving the legal status of entrepreneurs in modern society at the legislative level. The methodological basis of this study was made up of general scientific, private and special methods of cognition.

scholarly journals On the Issue of a Public Corporation as a Form of a Non-Profit Organization

2021 ◽  
Vol 2 ◽  
pp. 3-5
Author(s):  
Natalia G. Kanunnikova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Civil Law ◽  
Federal Law ◽  
Legal Regime ◽  
Non Profit ◽  
Russian State ◽  
Public Corporation ◽  
State Corporation ◽  
The Russian Federation

The article offers the author’s vision of such a form of non-profit organization as a state corporation with a special legal status. As a result of the analysis, the author comes to the conclusion that it is permissible to recognize a state corporation as an independent subject of civil law relations, since state corporations combine the characteristics of both a legal entity, in particular, the autonomy of property, independent liability for obligations, etc., and the institution of the state, endowed with authority. The analysis of the federal legislation allowed the author to say that a special legal regime applies to modern Russian state-owned corporations, which provides for their exemption from certain duties and granting certain rights and powers. In this regard, the question is raised about the development of recommendations for improving legislation in the field under study by excluding Article 7.1 from the Federal Law, January, 12 № 7-FZ “On Non-Profit Organizations”, and introducing its content into the Civil Code of the Russian Federation, adding it to Article 124.1 “State Corporation”.

scholarly journals State council in the light of the 2020 constitutional reforms

2021 ◽  
Vol 39 (3) ◽  
pp. 52-55
Author(s):  
P. R. Magomedova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
The State ◽  
State Council ◽  
Federal Law ◽  
Public Power ◽  
Advisory Body ◽  
Constitutional Reforms ◽  
Presidential Decree ◽  
The Russian Federation

The article analyzes the prerequisites for changing the legal status of the State Council of the Russian Federation, analyzes the Federal Law "On the State Council of the Russian Federation" dated December 8, 2020 No. 394-FZ and studies the changes that came into force in the light of the constitutional reforms of 2020. According to this Law, the State Council of the Russian Federation should become a real mechanism of public power in Russia, while remaining an advisory body and a platform for coordinating the interests of the regions and the center. The author conducted a comparative analysis of the State Council, which acted in accordance with the Presidential Decree of 2000, and the law adopted in 2020. Based on the conducted research, the author concludes that the amendments to the Constitution of the Russian Federation adopted in 2020 are timely and necessary in order to restore the existing government.

Legal Status of a School Principal in the Context of the Federal Law “On Education in the Russian Federation” Enactment

2016 ◽  
Vol 4 (1) ◽  
pp. 33-47
Author(s):  
Фёклин ◽  
Sergey Feklin
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Educational Institution ◽  
School Principal ◽  
Federal Law ◽  
Organization Management ◽  
The Core ◽  
Legal Standing ◽  
The Russian Federation ◽  
Job Duties

The Federal Law of December 29, 2012 № 273-FL “On Education in the Russian Federation” has introduced further clarity in the legal status of a leader (director) of a general educational institution, which came into eff ect as per September 1, 2013. The school principal is given the exceptional legal standing (status), which is conditioned by the specifi cs of his job duties, position and role in the mechanism of the educational institution management. The author thoroughly summarizes, reports in depth and gives comments on the questions concerning the core aspects of a school principal job, which are the most frequently asked by the learners of qualifi cation upgrading courses, and participants of roundtables and seminars. The author also highlights the school principal’s qualifi cation standards and administrational powers in terms of organization management, considering these issues De lege lata. The material is presented in the form of detailed answers to the frequently asked questions on the issues concerned.

scholarly journals Unrestricted (absolute) rights and freedoms of man and citizen in the Constitution of the Russian Federation of 1993 and international acts

2019 ◽  
Vol 2019 (4) ◽  
pp. 69-75
Author(s):  
Aleksandr Podmarev
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Religious Affiliation ◽  
International Standards ◽  
Constitutional Court ◽  
Federal Law ◽  
The Russian Federation ◽  
The Individual

The 1993 Constitution of the Russian Federation as one of the principles of the legal status of an individual establishes the possibility of restricting human and civil rights and freedoms, while also providing for the necessary conditions for imposing such restrictions (the existence of a constitutional goal of restriction; setting restrictions only by federal law; proportionality; compliance with international standards of restrictions; prohibition restrictions on rights based on social, racial, national, linguistic or religious affiliation). The need for the existence of restrictions on the rights and freedoms of the individual is due to various reasons: the protection of the foundations of the constitutional order, the rights and freedoms of other persons, and the interests of the state. However, certain human rights and freedoms cannot be restricted under any circumstances; this so-called absolute rights and freedoms. But neither national legislation nor international law contain a precisely defined list of absolute rights and freedoms. The aim of the article is to identify in the Constitution of the Russian Federation of 1993 and in international acts unrestricted (absolute) rights and freedoms of a person and citizen. The relevance of the research topic for the Russian constitutional legal science is due to the fact that certainty in the understanding of the list of unrestricted rights and freedoms is necessary for the improvement of lawmaking and law enforcement activities. The article examines the provisions of the Constitution of Russia, the main international legal acts on human rights, the legal positions of the Constitutional Court of the Russian Federation.

scholarly journals DIGITAL CURRENCY AS A SUBJECT OF CRIME AND A MEANS OF COMMITTING CRIMES

2021 ◽  
pp. 5-8
Author(s):  
A.A. Korennaya
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Federal Law ◽  
Digital Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Official Recognition

In this article, the author examines the issues of the criminal legal status of digital currency as an objectand as a means of committing a crime. In 2020, a special Federal law was adopted defining the legal status ofdigital assets, as well as amendments were made to the Civil Code of the Russian Federation concerning theestablishment of the legal status of cryptocurrency or digital currency in the terminology of these regulationsas an object of civil rights. Significant changes in the civil legal regulation of cryptocurrencies have led to achange in approaches to assessing the criminal legal status of virtual money. In particular, the recognitionof digital currency by other property has allowed solving a number of qualification issues, but until now,criminal law is very cautious about the official recognition of cryptocurrency as the subject of a crime. Theauthor of the work offers options for the qualification of crimes committed using digital currency, in theabsence of changes in the criminal law and explanations of the Highest Court.

scholarly journals DEVELOPMENT OF CIRCULAR ECONOMY IN RUSSIA: BIOFUEL MARKET

2020 ◽  
Vol 9 (4) ◽  
pp. 173-185
Author(s):  
A. Tambi ◽  
Svetlana Morkovina ◽  
Igor Grigorev ◽  
V Grigor'ev
Keyword(s):  
Russian Federation ◽  
Circular Economy ◽  
Raw Materials ◽  
Production Capacity ◽  
Capacity Utilization ◽  
Biofuel Production ◽  
Market Demand ◽  
Wood Pellets ◽  
Factors Affecting ◽  
The Russian Federation

The growing interest in energy security and renewable energy in Europe and Asia has stimulated the demand for wood briquettes and pellets. The production of energy from pellets per unit of investment is cheaper than the production of gas and oil, which determines the development of a circular economy in the Russian Federation. In Russia the main producers of pellets and fuel briquettes are large timber companies. At the same time, small business is an active producer of biofuels. The article presents the results of an expert survey of business representatives in the field of biofuel production, as well as analytical information on production, capacity utilization, sales and raw materials for the production of fuel briquettes from wood waste in the Russian Federation. It has been established that the main factors affecting the price of pellets and fuel briquettes are: formed market demand, the method of transportation and packaging of products, as well as their quality. Expanding domestic production of wood pellets is the number one task for Russian producers, given the growth of the global pellet market. Moreover, in a number of countries in Europe and America, the main exporters of pellets and fuel briquettes, measures to support manufacturers are actively implemented. Support is needed at all state levels to accelerate the development of new industries and industries in the field of biofuel and bioenergy. The most popular measures to support domestic producers of biofuels may be reduction in tax rates, compensation for the costs of certification of products for small and medium-sized businesses. According to our estimates, we can expect further growth in the production of fuel briquettes, the intensity of which will, in many respects, be determined by the possibility of subsidizing transport transportation and the development of the domestic biofuel market. The domestic market for pellets and fuel briquettes will stagnate without the support of biofuel producers, and pricing and certification is an important element for developing the export potential of industry enterprises

MULTIVARIANT LEGAL STATUS OF A CITIZEN AND ITS ROLE IN DEFINING THE COMPETENCE OF ARBITRATION COURTS

2018 ◽  
pp. 48-60
Author(s):  
Aleksandr Nikolayevich Ermakov
Keyword(s):  
Russian Federation ◽  
Economic Activity ◽  
Legal Status ◽  
Legal Certainty ◽  
Judicial Practice ◽  
Natural Person ◽  
Legal Nature ◽  
The Russian Federation ◽  
Debt Collection

This study is devoted to the question of qualification of the legal status of a citizen in a dispute arising in the field of economic activity, and its impact on the determination of the jurisdiction of the arbitration court. On the example of cases on debt collection from the guarantor-citizen it is noted that the latter can participate in the disputed legal relations as an natural person, as an self-employed entrepreneur or as the founder of a legal body. It is the legal status of a person, as established judicial practice shows, that is the key argument in determining the legal within jurisdiction of the case. It seems that this circumstance in itself cannot determine the nature of the dispute, which previously drew the attention of the Supreme Arbitration Court of the Russian Federation It is important to take into account the specific legal nature of material legal relations, as well as the nature of the interest of its participants. It is concluded that it is necessary to take into account the abovementioned aspects in the aggregate when determining the jurisdiction of arbitration courts of the cases of the analyzed category. In order to ensure the legal certainty and effectiveness of the protection of the rights of persons in the field of business and economic activity, proposed a technical and legal solution to this problem.

Russian Court Interpretation of Legislative Measuresfor Advanced Training and (or) Professional Training of the Selected Employed Population Aged from 25 to 65 Years

2018 ◽  
Vol 9 (1) ◽  
pp. 342
Author(s):  
Alexander Vasilyevich ZAVGORODNIY ◽  
Ilya Alexandrovich VASILYEV ◽  
Nelli Ivanovna DIVEEVA ◽  
Marina Valentinovna FILIPPOVA ◽  
Mikhail Mikhailovich KHARITONOV
Keyword(s):  
Russian Federation ◽  
Professional Training ◽  
Legal Status ◽  
Legal Regulation ◽  
Advanced Training ◽  
Federal Law ◽  
Labor Legislation ◽  
Additional Qualification ◽  
The Russian Federation ◽  
The Government

In this article, we present the first generalization and analysis of decisions made by Russian courts of general jurisdiction from 2009 to 2016 for the application of provisions of the Labor Code of the Russian Federation, the Federal Law of November 21, 2011 No. 323-FZ ʼOn the fundamentals of protecting the health of citizens in the Russian Federationʼ, the Federal Law of July 3, 2016 No. 238-FZ ʼOn independent qualification assessmentʼ, the Federal Law of December 29, 2013 No. 273-FZ ʼOn education in the Russian Federationʼ, the Decree of the Government of the Russian Federation of October 28, 2013 No. 966 ʼOn licensing educational activitiesʼ adopted to fulfill the Decree of the President of the Russian Federation of May 7, 2012 No. 599 ʼAbout measures to implement the state policy in the sphere of education and scienceʼ in the field of advanced training and (or) professional training of employed population aged from 25 to 65 years. As a result, we have made several conclusions. Firstly, if periodical advanced training is a mandatory condition for admission to work (for example, for medical workers), then courts using separate methods of protecting rights of citizens (in particular, health care), should understand the consequences of these decisions. Secondly, the imposition of administrative sanctions in accordance with Part 3 of Article 19.20 of the Code of Administrative Offences due to the non-systematic increase in the professional level of educators recommends improving the algorithm for substantiating the gross violation of license requirements. Thirdly, the legal status of a person who has concluded an agreement on advanced training differs from that of an apprenticeship contract, and the guarantees for this person are not established by Articles 203-205 but rather Article 187 of the Labor Code of the Russian Federation. Therefore, courts should not qualify a contract on advanced training as an apprenticeship contract. Fourthly, if advanced training is not designated for employees as additional qualification and an employer does not have the duty to pay for this training, then the resolution of a possible dispute should be based on whether the employer's interest is realized or not. Fifthly, the impossibility of an employee to work should be objective and compulsory, which is assessed by the law enforcer based on the balance of rights and interests of both parties of the corresponding employment contract. Sixthly, the legal regulation of the independent assessment of working qualification requires its improvement and alignment with norms of the labor legislation of the Russian Federation.

Penal law of the Russian Federation: General and Special parts

2020 ◽  
Author(s):  
Aleksandr Romanov
Keyword(s):  
Higher Education ◽  
Russian Federation ◽  
Legal Status ◽  
Federal State ◽  
Performance Requirements ◽  
Legal Nature ◽  
Penal Law ◽  
The Russian Federation ◽  
State Educational ◽  
And Control

The focus is on the subject and objectives of penal law of the Russian Federation, its sources and methods, types of penal norms, history and types of penal systems, the provisions of the Criminal Executive code of the Russian Federation, other penal laws and normative legal acts on the activities of bodies in charge of execution of punishments, exercising control and supervision over conditionally sentenced persons and persons with a suspended sentence. The characteristic of organization and activity of criminal-Executive system of the Russian Federation, highlights the issues of its reforms. Detail the issues of legal status of convicts established the order and conditions of execution and serving sentences, the use of other measures of criminal-legal nature, means of correction of convicts, providing medical care to prisoners, the performance requirements for the serving of sentences, organisation of support of liberated and control over them. Meets the requirements of Federal state educational standards of higher education of the last generation. For students of law faculties of educational institutions of higher education, enrolled in the academic programs of bachelor, specialist, master and post-graduate students, teachers, practical workers of law enforcement bodies and all those interested in issues of corrections, legal status of prisoners, the penal laws and the application of other measures of criminal-legal nature.

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