MEDIATION AS AN ALTERNATIVE WAY OF SETTLING FAMILY DISPUTES IN THE RUSSIAN FEDERATION

2021 ◽  
pp. 133-147
Author(s):  
Eugenia R. Bryukhina ◽  
◽  
Ekaterina A. Chertkova ◽  
◽  
Keyword(s):  
Conflict Resolution ◽  
Russian Federation ◽  
Federal Law ◽  
Family Mediation ◽  
Separate Type ◽  
Legal Method ◽  
The Status ◽  
The Russian Federation ◽  
Mediation Agreement ◽  
Goals And Objectives

The article examines the specific goals and objectives of family mediation, the characte-ristics of the status and work of the mediator and the characteristics of the procedure of recon-ciliation of the parties to the family legal conflicts, touches on the problems of legislation and practice of mediation in the consideration of family legal conflicts. The article substantiates the need to distinguish mediation in disputes arising from family legal relations as a separate type of conflict resolution procedures with the participation of a mediator. Modern formation and development of civil society in conditions of democracy reveals more and more interest of participants of legal relations in independent settlement of disputable situations. With the adoption of Federal Law No. 193-FZ of 27.07.2010 "On alternative dis-pute resolution procedure with the participation of a mediator (mediation procedure)" media-tion is increasingly being used as one of the most efficient non-jurisdictional means of dispute resolution. The article substantiates the need to distinguish mediation in disputes arising from family legal relations as a separate type of conflict resolution procedure with the participation of a mediator. The methodology of the study is based on the formal-legal method, which is used in the study of the legal institution of mediation. In addition, as part of the study of the fre-quency and nature of the use of mediation procedures for the resolution of disputes referred to the court, the statistical method was used. The paper examines the legislation on mediation of the Russian Federation, identifies some problems of law enforcement, and proposes possible ways to solve them. The article proposes to eliminate legislative contradictions regarding the possibility of recourse to court with an agreement on mediation, to indicate in the Federal Law "On Mediation" the existence of a mediation agreement is not a condition but a basis for mediation, as well as to legislate the possibility of mediation by telecommunication.

Experimental legislation: some conceptual approaches to explanation

2021 ◽  
Vol 23 (2) ◽  
pp. 16-23
Author(s):  
MIKHAIL DEGTYAREV ◽  
Keyword(s):  
Species Diversity ◽  
Russian Federation ◽  
Experimental Approach ◽  
Thought Experiment ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Regime ◽  
The Russian Federation ◽  
Goals And Objectives ◽  
Law Making

In connection with the adoption of the Federal Law of July 31, 2020 No. 258-FZ “On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation” and of the Federal Law of July 31, 2020 No. 247-FZ “On Mandatory Requirements in the Russian Federation” (Article 13 “Experimental legal regime”) the topic of experimental legislation was updated. The article is devoted to the application of the experimental approach in legal regulation. The author reveals the essence of the concept of experimental legislation, explains the goals and objectives of using the appropriate technologies. The author notes that although in a broad sense it can be said that the adoption of any new law is in itself an experiment, there are still significant differences within the experimental law. The author sets out the essential features of a legislative experiment. The article examines the reasons for the need and prerequisites for the rationality of the use of experimental legislation. The author shows the nature of legislative experimentation and the merits of this toolkit. The author shows the areas of relevant application of the method of experimental legislation. The species diversity of methods of experimental regulatory regulation is indicated. The article compares the method of practical experimental legislation and the method of thought experiment in norm-writing and law- making activities. The article compares the method of practical experimental legislation and the method of digital duplicate-models of legislative acts. The author substantiates the existence of limits of applicability of the method of experimental legislation and demonstrates selected technologies of experimental legislation. In conclusion, the author turns to the complex and controversial problems of using the method of experimental legislation.

scholarly journals Consolidation of municipalities in the newest time

2017 ◽  
Vol 1 (3) ◽  
pp. 117-124
Author(s):  
Yury Blagov
Keyword(s):  
Russian Federation ◽  
Town Planning ◽  
Initial Increase ◽  
Rural Settlements ◽  
Federal Law ◽  
Urban Districts ◽  
Legal Method ◽  
The Russian Federation ◽  
Socio Demographic Factors ◽  
Simplified Procedure

The subject. The article is devoted to the analysis of the causes, the process, the consequencesof the enlargement of municipalities in the Russian Federation.The purpose of this paper is to show that with the initial increase in the number of municipalities,many of them turned out to be incapable of effectively addressing local issues andproviding quality services to the population. In this regard, the reverse process began – theconsolidation of municipalities. As a result, the number of municipalities, especially the rurallevel, has dramatically decreased. The enlargement of municipal formations went arbitrarily,without taking into account the infrastructural and historical unity of the unified urbansettlements.The methodology. The author uses a dialectical method, a method of analysis and synthesis,a formal legal method, a comparative legal method.Results, scope of application. 03.04.2017 Federal Law No. 62-FZ is adopted, which providesfor the transformation of municipal raions and constituent urban and rural settlements intourban districts according to a "simplified procedure", that is, with the consent of the populationexpressed by the representative body of the municipality. In parallel, under considerationin the legal department of the State Duma of the Russian Federation there is a billintroduced by deputy A.P. Markov, offering to introduce a new type of municipal formation– the rural district. In rural districts it is proposed to unite settlements in rural municipalareas. The implementation of this bill will lead to the mass elimination of rural settlements.Actually there are no accurate and exhaustive legislative provisions regulating the territorialboundaries of urban districts, forms of the transformation and abolition of municipalities;moreover, local political and economic elites persistently seek to preserve the single tiermanagement system developed over the decades. As a result of these blemishes, within administrative areas of some RF constituent entities, there are urban districts that consist of the large not urbanized territories with a poorly developed transport, social, economic infrastructure and without any common development goals. The authors conclude that the bias towards municipalities' consolidation in many RF constituent entities is justified and caused by ignoring of the vertical command relations in former areas. At the same time, they point out the need to take into account the town-planning, economic and geographical, socio-demographic factors while transforming municipal areas into urban districts, otherwise, all these transformations are fictitious and turn into revising of powers by local elites.Conclusions. The municipal legal policy of consolidation of municipal entities is aimed at liquidating the settlement level of local self-government, which directly contradicts Part 1 of Art. 131 of the Constitution of the Russian Federation, which establishes the implementation of local self-government by the population, first of all, at the primary, settlement level. 

scholarly journals Affiliation of legal entities: reality and prospects

2019 ◽  
Vol 2019 (3) ◽  
pp. 83-88
Author(s):  
Сергей Тычинин ◽  
Sergey Tychinin ◽  
Олег Скопенко ◽  
Oleg Skopenko
Keyword(s):  
Russian Federation ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Entity ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The relevance of the study of the problem of affiliation of legal entities is determined by the lack of a coherent legal mechanism to ensure the resolution of conflicts of interest between dependent persons. As of today, Russian legislation as a whole does not contain clear provisions regarding the concept of the affiliation of legal entities. Certain laws contain only separate independent concepts, for example, the concept of “affiliation” is used in the Civil Code of the Russian Federation; in the Federal Law «On Competition» - the concept of «group of persons»; in the Tax Code of the Russian Federation - the concept of «interdependent persons». Therefore, the study of the problem of settling relations with affiliates deserves special attention. The objectives of this study are the systematization and analytical study of the legal regulation of the institution of the affiliation of legal entities. In the course of the study, the authors used the following methods: analysis and synthesis, modeling, comparison, analysis of the regulatory framework, synthesis, formal legal method The article examines the issues of legal regulation of the affiliation of a legal entity. The definition of the concept of “affiliation” is given, criteria and signs of affiliation of a legal entity are defined, various scientific approaches to the definition of this category are given, problems of correlation with economic and other types of relations between affiliates are explored. In the course of the study, the authors came to the conclusion that the institution of affiliation in its present form undoubtedly needs to be reformed. It is necessary to develop a unified law, reflecting all the nuances of the concept of “affiliation” and the features of the transactions with affiliated persons.

scholarly journals Constitutional status of federal territories in Russia: theoretical foundations of legislative regulation

2021 ◽  
Vol 5 (1) ◽  
pp. 124-140
Author(s):  
N. V. Vasilieva ◽  
S. V. Praskova ◽  
Yu. V. Pyatkovskaya
Keyword(s):  
Russian Federation ◽  
Complex Analysis ◽  
The State ◽  
Constitutional Court ◽  
Federal Law ◽  
The Status ◽  
Russian Constitution ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the study is the constitutional concept of federal territories in Russia. The purpose of the article is to confirm or disprove hypothesis that constitutional status of federal territories in Russia consists of system of elements and identify such elements. The authors use the method of formal legal interpretation of Russian Constitution, the methods of comparative constitutional law, complex analysis, systemic interpretation of Russian laws and drafts of laws. The main results of research, scope of application. When making an amendment to part 1 of Article 67 of the Constitution of the Russian Federation, the content of this innovation was not disclosed. Therefore the federal law on federal territories will be of decisive importance. The authors define the constitutional characteristics of the federal territories based on the literal content of the constitutional norm and the conclusion of the Constitutional Court of the Russian Federation. The federal territory is an element of the state territory that is not a subject of the federal structure and has a status different from the status of the constituent entities of the Russian Federation. There are specific features of the organization of public power in federal territory. The authors’ vision of the content of each of the elements of the federal territories is presented. It is noted that the defining element of the status of federal territories will be the purpose of their creation. The authors propose a conceptual division of federal territories in Russia into two types: inhabited and uninhabited. It is stated that at the moment, the status elements can be clearly defined only in relation to uninhabited federal territories. The formation of the concept of inhabited federal territories will depend on definition of the purpose of their creation. Conclusions. It is proposed to consider the elements of the status of federal territories in Russia, based on the elements of the status of the subject of the Russian Federation, and in comparison with them. Such elements are: territory, population, subjects of jurisdiction, responsibilities, state power organization, property and budget, system of taxes and fees, names and symbols, population’s role in the state affairs management.

scholarly journals Some issues of legal regulation (of the legal status) control and accounting bodies of municipalities

2020 ◽  
Vol 2020 (2) ◽  
pp. 82-88
Author(s):  
Oleg Kozhevnikov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Legal Analysis ◽  
Federal Law ◽  
Government Organization ◽  
The Past ◽  
The Status ◽  
The Russian Federation

Almost three decades have passed since the appearance of the Law of the Russian Federation from 06.07.1991 No. 1550-1 «On local self-government in the Russian Federation». Over the past historical stage, the regulatory framework of local self-government and its bodies has significantly transformed: this applies to the concept of local self-government, territorial and organizational foundations, and of course the legal status of individual local self-government bodies. This article provides a comparative legal analysis of certain provisions of Federal law No. 131-FZ of 06.102.2003 «On General principles of local self-government organization in the Russian Federation» and Federal law No. 6-FZ of 07.02.2011 «On General principles of organization and activity of control and accounting bodies of subjects of the Russian Federation and municipalities» in the part concerning control and accounting bodies of municipalities. Based on the results of this analysis, significant contradictions were identified in the basic Federal normative legal acts regulating the legal status of the control and accounting body of a municipality, which need to be corrected by the Federal legislator in order to increase the level of unity and consistency in the legal regulation of the status of one of the most important bodies in the system of local self-government-the control and accounting body of a municipality.

scholarly journals On the Issue of the Principles of State Service in the Penal System of the Russian Federation

2021 ◽  
Vol 4 ◽  
pp. 14-20
Author(s):  
Artem M. Bobrov ◽  
Keyword(s):  
Russian Federation ◽  
Public Service ◽  
Penal System ◽  
Federal Law ◽  
State Service ◽  
Philosophical Approach ◽  
Basic Principles ◽  
The Status ◽  
The Russian Federation ◽  
Internal Affairs

This article reveals the essence of the basic principles of public service, their implementation in the penal system of the Russian Federation. It is noted that the existing variety of definitions of principles entails some uncertainty. Therefore, it is proposed to adhere to a philosophical approach to determining the principles of public service in the penal system. It is noted that the current legislation regulating the status of employees of prisons and the procedure for serving the service does not take into account the specifics of the penal system, since the new provisions aimed at implementing the general principles of public service copy the similar norms of Federal Law of November 30, 2011 №. 342-FL «On Service in the Internal Affairs Bodies of the Russian Federation and Amending Certain Legislative Acts of the Russian Federation». It is concluded that it is necessary to detail the general principles of public service in conjunction with existing standards governing the activities of bodies and institutions of the penal system, the enforcement of criminal sentences, and the detention of defendants.

scholarly journals COMPETENCE OF LOCAL SELF-GOVERNMENTS: DEBATABLE ISSUES

2018 ◽  
Vol 1 (4) ◽  
pp. 117-128
Author(s):  
Yury Blagov
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Point Of View ◽  
Federal Law ◽  
Material Resources ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
History Of ◽  
Scope Of Application ◽  
The Russian Federation

Subject. The article is devoted to the discussion issues of competence of local self-government.The purpose of this paper is to show that the federal government passes such laws in order to build a single “power vertical” from a rural settlement to a constituent entity of the Russian Federation and above, since from his point of view it is easier to carry out public administration.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method, a comparative legal method.Results, scope of application. The competence of local self-government bodies consists of two parts: compulsory competence and optional competence. The compulsory competence includes issues of local importance of municipalities and certain transferred state powers. The optional competence of local self-government bodies includes the rights of local self-government bodies to resolve issues not related to issues of local importance of municipalities and other issues not within the competence of local government bodies and not excluded from their competence by federal and regional legislatures. Certain transferred state powers should not prevail over the powers related to the solution of issues of local importance and determine the functional purpose of local self-government bodies as such. It can be assumed that by their nature they should be related to the immediate interests of the local population.The rights of local self-government bodies to resolve issues not related to issues of local importance of municipalities are neither issues of local significance nor transferred by separate state powers. The meaning of their consolidation in Federal Law No. 131-FZ is to transfer to the local self-government authorities of powers which the state authorities cannot perform, but without the transfer of the corresponding material resources and financial resources that local governments should seek independently. The author offers his own solutions of this problem.The author criticizes the institution of redistribution of powers, since this institution contradicts the Constitution of the Russian Federation and the European Charter of Local Self-Government and comes to the conclusion that the issues of local importance of different types of municipalities overlap, as well as duplicate part of the powers of state authorities of the subjects of the Russian FederationConclusion. The new attempt to build a single vertical of power, which has been repeatedly undertaken in the history of Russia, is doomed to failure with all the ensuing consequences, especially acute during the economic crisis.

scholarly journals To discussion of the Сoncept of the draft Federal law “Forest Code of the Russian Federation”

2020 ◽  
Vol 3 (3) ◽  
pp. 1-7
Author(s):  
V.V. Chebotareva ◽  
◽  
P.A. Chebotarev ◽  
V.G. Storozhenko ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Professional Community ◽  
Educational Institutions ◽  
Private Forest ◽  
Federal Law ◽  
The Status ◽  
Forest Code ◽  
The Russian Federation ◽  
Private Forest Management

The article discusses the concept of the draft Federal Law of the Forest Code of the Russian Federation put forward by the CEPL staff. The timeliness of such a discussion by the wide professional community is recognized. Proposals are being made to change a number of provisions of the Concept. It is proposed to clarify the status of “wild forests”. The thesis about the inadmissibility of leaving the cutting areas of oak forests for natural overgrowth is emphasized, which leads to the transformation of strategically valuable oak formations of the Central Black Earth Region into significantly less valuable deciduous forests without his participation. The authors support the position on the unacceptability of the existing model of private forest management, which leads to “deterioration of the state of forests, reduction of their economic and ecological potential.” A number of proposals are being made to improve the country’s forestry. It is proposed to restore the Ministry of Forestry, transfer the use of forest resources to state forestry enterprises, staffed with personnel, equipment and machinery for the production of all types of forestry work. To add to the section on the indefinite use of forest plots, research institutions, educational institutions, in the use of which there are forest plots for long-term research. It is necessary to exclude other types of use of forest areas (for example, hunting use), where research or educational activities are carried out.

scholarly journals PRESIDENTIAL CONTROL OVER OPERATIONS OF THE FEDERAL SECURITY SERVICE OF RUSSIA

2020 ◽  
Vol 11 ◽  
pp. 58-62
Author(s):  
Anatoliy M. Tarasov ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
State Control ◽  
Federal Law ◽  
Criminal Intelligence ◽  
Security Service ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The relevant and innovative character of the subject of Presidential Control over Operations of the Federal Security Service of Russia is confirmed by the absence of separate research on this topic and the status of the Federal Security Service of Russia established to ensure security, carry out various types of law enforcement operations, in particular, such as criminal intelligence and surveillance, pre-trial investigation, interrogation, where human and civil rights and freedoms may be violated, and the guarantor of human and civil rights and freedoms is the President of the Russian Federation pursuant to Article 80 of the Constitution of the Russian Federation. The relevance of this subject is also proven by the absence of any federal law on the state control over operations of state authorities including law enforcement ones and the failure to establish the limits (scope) of the presidential control over operations of the Federal Security Service of Russia in statutory acts. The fact that the aims of the presidential control are not only identification of deviations in operations of the Federal Security Service but also the prevention of such deviations in the future raises the importance of this issue. In view of the above, the presidential control is a mechanism of positive, preventive and efficient influence on organizational and practical activities of authorities of the Federal Security Service of Russia.

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