scholarly journals Ethical context of legally regulated surrogate and genetic motherhood in Russia

2021 ◽  
Vol 15 (3) ◽  
pp. 270-275
Author(s):  
I. V. Siluyanova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Federal Law ◽  
Surrogate Motherhood ◽  
Child Trafficking ◽  
Moral Concepts ◽  
Legal Norms ◽  
Commercial Surrogacy ◽  
Ethical Context ◽  
The Russian Federation

Aim: to assess the compliance of legal norms regulating surrogate motherhood and moral concepts about motherhood and childhood in society.Materials and Methods. The Articles 55 (clause 9) of the Federal Law "On the Fundamentals of Health Protection of Citizens in the Russian Federation", the principles of the Constitution of the Russian Federation, and traditional moral concepts common in society of the Russian Federation underwent a comparative analysis.Results. Discrepancies between moral and legal norms were revealed in 3 issues. Issue 1 is related to the rights for surrogacy of unmarried persons and the rights of single citizens. In an ethical context, the statement of their rights does not correspond to the rights of children to a dignified upbringing in a family composed of a mother and father. Issue 2 refers to the ethical incorrectness of compensated surrogacy contracts. Commercial surrogacy cannot be separated from transformed forms of child trafficking. Issue 3 is related to the moral degradation of motherhood upon using technologies of surrogate and genetic motherhood.Conclusion. It is necessary to conduct additional studies on using surrogate motherhood in order to prevent abuse and violations upon its application in Russia as well as open up a public discussion on this matter.

WITH REGARD TO THE QUESTION OF COMPLIANCE WITH THE PRINCIPLE OF LEGALITY IN ESTABLISHING ADMINISTRATIVE LIABILITY FOR FAILURE TO IMPLEMENT DECISIONS OF THE RUSSIAN FEDERATION’S COUNTER-TERRORISM BODIES

2021 ◽  
pp. 82-92
Author(s):  
Artem V. Rudenko ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
System Construction ◽  
Federal Law ◽  
Basic Principles ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Federal Laws ◽  
Principle Of Legality

The relevance of the article stems from the adoption by the constituent entities of the Russian Federation of rules on administrative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation in situations of conflict with federal law regulations, caused by adoption of the Federal Law No. 82-FZ of 18 April 2018. This contradiction calls into question the conformity of the adopted norms of the laws on administrative liability of the constituent entities of the Russian Federation with the principle of legality, as one of the basic principles of the State’s legal system construction. The purpose of the article is to develop a position on legal conduct in a situation of con-flict with the legal norms of federal legislation in establishing administrative liability by the constituent entities of the Russian Federation. The possibility of establishing administrative liability at the level of the constituent entities of the Russian Federation is enshrined in the Constitution of the Russian Federation and the Code of Administrative Offences of the Russian Federation After the adoption of the Federal Law No 82-FZ of 18 April 2018 «On Amendments to the articles 5 and 5.1 of the Federal Law «On Counteracting Terrorism» legal conflict in the regulation of these powers has arisen. These changes affected not only the regulation of the above-mentioned powers of the constituent entities of the Russian Federation, but also the system of sources of administrative liability, since Code of Administrative Offences of the Russian Federation states: administrative liability source system refers only to the Code and the laws of the constituent entities of the Russian Federation. The article contains an analysis of possible interpretations of the provisions of federal laws on the powers of the constituent entities of the Russian Federation to establish adminis-trative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Federation. Possible interpretations of the term «decisions of an anti-terrorist body» are analyzed from the point of view of the goals and tasks of formation of these bodies, their powers and organizational-steam form. The study concludes that it is necessary to comply with the provisions of the Code of Administrative Offences of the Russian Federation when determining responsibility for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation. It is recommended that the legislatures of the constituent entities of the Russian Federation refrain from adopting such norms. It is recommended that the judicial authorities should take into account the provisions of the Decision of the Plenum of the Supreme Court of the Russian Federation of 24 March 2005 No 5 « On certain issues raised by the courts in the application of the Code of Administrative Offences of the Russian Federation».

scholarly journals Normative acts in the system of national tax security provision

2022 ◽  
Vol 5 (4) ◽  
pp. 148-158
Author(s):  
K. V. Maslov
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Direct Action ◽  
Federal Law ◽  
Economic Management ◽  
Russian Government ◽  
Public Authorities ◽  
Legal Norms ◽  
Russian Constitution ◽  
The Russian Federation

The subject. The article characterizes the role of Russian Constitution, federal laws and bylaws in ensuring tax security.The purpose of the article is to identify legal norms that ensure the tax security of the state, and to confirm the hypothesis that such norms hat such norms are effective in systemic interaction.The methodology. The author uses methods of system analysis of scientific papers devoted to the provision of various types of security. Formal logical and legal interpretation of Russian regulatory legal acts is used also.The main results. Regulatory documents in the field of tax security can be classified into: the Constitution of the Russian Federation at the highest level; program documents (conventions, strategies, charters, concepts, programs, doctrines, standards, directives) as acts of the first level, the legislation of the Russian Federation and its constituent entities is at the second level; departmental regulatory legal acts are at the third level. The law on security should be an act of direct action that determines the content of the management activities of public authorities to ensure security by fixing its goals, principles, the most general forms and means of implementation. The basis of legal provision of tax security at the legislative level should be defined in the federal law on security as well as in the federal law "On Tax Authorities of the Russian Federation" (in intra-governmental relations context because tax authorities are the main subjects of tax administration) and in the Russian Tax Code (concerning relations between public administration bodies and private entities). Any draft legislative acts affecting issues of tax relations and economic management should be examined for compliance with national interests in the field of tax security and the effectiveness of minimizing threats. Each legislative act should take into account the implementation of the goals and principles of ensuring tax security (as well as other types of security) enshrined in the concept document. Such expertise is possible in the process of approving draft laws by the Russian Government as well as when registering relevant bylaws by the Russian Ministry of JusticeConclusions. The Russian Constitution should consolidate a unified approach to the essence of security as a whole. Legislative acts (first of all, the laws on security, on tax authorities, the Tax Code of the Russian Federation) should provide for the main directions of countering threats to tax security arising in the relevant areas of regulation. By-laws and regulations are designed to fix specific managerial ways of dealing with such threats.

scholarly journals Criminal liability for illegal implementation of medical and pharmaceutical activity: comparative analysis of legislation of the post-Soviet states

2021 ◽  
pp. 35-45
Author(s):  
Ekaterina Dmitrievna Sungurova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Method ◽  
Pharmaceutical Activity ◽  
The Russian Federation

The goal of this research consists in comparison of the normative legal acts that regulate the questions of criminal liability for illegal implementation of medical and pharmaceutical activity in Belarus, Armenia, Kazakhstan, Azerbaijan, Kyrgyzstan, and the Russian Federation. The article employs the general scientific methods of cognition: analysis, synthesis, generalization. For identification of differences in the content of the corresponding legal norms, the author applies the comparative legal method, which consists in comparative analysis of the normative legal acts of the post-Soviet states. The research materials contain the norms of criminal law, as well as normative legal acts in the sphere of licensing. The novelty of this work consists in the fact that pursuit of ways to improve the national criminal law, the author assesses the possibilities of reception of certain provisions of the foreign legislation. The article explores the approaches towards systematization of crimes for illegal conduct of medical and pharmaceutical activity in the Criminal Code. The conclusion is made on the three approaches of the legislators towards establishment of origin of the object of crime. Analysis is performed on the current state of the practice of constructing criminal law sanctions of the norms on liability for illegal implementation of medical and pharmaceutical activity. The common feature of the Russian, Belarusian, Armenian, Kazakh, Azerbaijani, and Kyrgyz law consists in imposition of a fine as the basic punishment. The size of penalties are compared. It is proposed to expand the sanction of the Article 235 of the Criminal Code of the Russian Federation with an additional penalty in form of revocation of right to hold a certain post or conduct a particular activity for a certain period of time.

scholarly journals Petty crime: quo vadis?

2020 ◽  
pp. 20-29
Author(s):  
Elena Aleksandrovna Suponina ◽  
Igor' Petrovich Dolgikh
Keyword(s):  
Russian Federation ◽  
Academic Community ◽  
Public Place ◽  
Federal Law ◽  
Legal Norms ◽  
Systemic Analysis ◽  
The Subject ◽  
The Russian Federation ◽  
Quo Vadis ◽  
Definition Of

The subject of this research is the normative gaps that have been an intrinsic part of petty crime for many years. Among most discussible within the academic community problems related to such legal violation, the author selected the following: absence of legal definition of the concept of obscenities in the national legislation; complexity of delimitation of petty crime from the adjacent administrative and criminal offences; disaccord in interpretation of the concept of “public place”. Particular attention is paid to the prospects of optimization of administrative-legal norms established in the Article 20.1 of the Code of Administrative Offences of the Russian Federation. The main conclusion of the conducted research lies in the statement that from the perspective of legal technique, the article 20.1 of the Code of Administrative Offences of the Russian Federation is in a permanent motion. However, this motion is chaotic and inconsequential. The introduced amendments to the text of codified law did not enhanced the protection of public order, as well as created the additional difficulties for the law enforcer. This article makes an attempt of systemic analysis of provisions of the Federal Law No.28-FZ of 03.18.2019 that complemented the article 20.1 of the Code of Administrative Offences of the Russian Federation with the Sections 3-5.

scholarly journals PROCEDURAL POSITION OF THE EXPERT IN CRIMINAL AND CIVIL PROCEEDINGS

2019 ◽  
Vol 5 (1) ◽  
pp. 42-46
Author(s):  
I. V. Buromskiy ◽  
Yu. V. Ermakova ◽  
E. S. Sidorenko
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Civil Law ◽  
Medical Examination ◽  
Federal Law ◽  
Procedure Code ◽  
Civil Proceedings ◽  
Civil Proceeding ◽  
The Russian Federation ◽  
Forensic Expert

The article presents a comparative analysis of the procedural position of the expert in criminal and civil proceeding. There are considered main differences and similarities of the rights, duties and responsibilities of the expert which regulated by the Criminal Procedure Code of the Russian Federation, the Civil Law Code of the Russian Federation, the Federal Law «About state forensic expert activity in the Russian Federation», the Order of organization and production of forensic medical examination in the state forensic expert institutions of the Russian Federation.

Legal features of the exercise of the powers of the Constitutional Court of the Russian Federation

2022 ◽  
pp. 109-114
Author(s):  
A. V. Kuznetsov
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Legal Analysis ◽  
Federal Law ◽  
Legal Norms ◽  
The Russian Federation

The author studies the legal norms of the exercise of the powers of the Constitutional Court of the Russian Federation. The list of the main provisions of the Federal Law on the powers of judges and the court in connection with amendments to the Constitution of the Russian Federation is presented. The provisions of the new edition of the Federal Law on the Constitutional Court of the Russian Federation are considered. The legal analysis of the amendments made to the FKZ for legal evaluation from the theoretical and practical side is carried out.

scholarly journals Uncertainty of Wording in the Federal Law "On the Prosecutor’s Office of the Russian Federation"

2020 ◽  
Vol 15 (12) ◽  
pp. 174-180
Author(s):  
A. F. Smirnov
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Norms ◽  
The Russian Federation

The paper is devoted to the study of issues arising from the application in the organization and activities of the prosecutor’s office of the norms of the Federal Law of 17.01.1992 No. 2202-1 "On the Prosecutor’s Office of the Russian Federation" known by their uncertainty and inconsistency. The author analyses the situations in which the existing methods of interpreting legal norms do not make it possible to find an appropriate solution in the functions of the prosecutor’s office implementation. The study notes the inconsistency of certain provisions of the Federal Law with the constitutional framework for regulating the organization and activities of the prosecutor’s office. The author highlights the unjustified expansion of the limits of departmental legal regulation of the organization of prosecutorial supervision. The legal norms governing the powers of prosecutors, objects of prosecutorial supervision and the function of the prosecutor’s office to initiate cases of administrative offenses and administrative investigation were subjected to critical analysis. Based on the results of the study, the author concludes that it is necessary to significantly amend and supplement the current Law.

scholarly journals Deficiencies in the Legislative Support of Innovative Activities in Contemporary Russia and Ways of Addressing them

2018 ◽  
Vol 12 (4) ◽  
pp. 515-524 ◽  
Author(s):  
Elena Popkova ◽  
Anastasia Sozinova ◽  
Oksana Grechenkovа ◽  
Vera Menshchikova
Keyword(s):  
Russian Federation ◽  
High Efficiency ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Norms ◽  
State Management ◽  
The Russian Federation ◽  
Legislative Support ◽  
Innovative Economy ◽  
Definition Of

The goal of this article is to verify the presented hypothesis and to research the prospects of improving the existing legal norms in order to increase the effectiveness of crime counteraction in the sphere of overcoming corruption barriers in building an innovative economy in Russia. The problems that remain urgent are: the state of economy as a cause of different types and forms of crime and the inadequate legal regulation of innovative activities. Poor legal regulation in this sphere stimulates the corruption processes. This brings about the necessity to conduct interdisciplinary economic-legal research that would stimulate further development of legal support for innovative activities with an anti-criminogenic potential. The working hypothesis of this research is that the existing legal norms make it impossible to achieve high efficiency in overcoming corruption barriers to building an innovative economy in Russia. The authors analyze the existing normative legislative support of building an innovative economy in Russia through the prism of four key spheres of state management of building an innovative economy: support of innovative small business, stimulation of innovative entrepreneurship, support of the creation and development of innovative territorial clusters and the registration of intellectual property. In order to bridge the gaps in the existing legislative support of this sphere, the authors recommend the adoption of a federal law «On State Management of Building an Innovative Economy in the Russian Federation» that would include a definition of innovative activities in a formalized format, i.e. it should be confirmed by facts. The authors present a definition of innovative activities for different businesses and recommendations for their stimulation in the Russian Federation that could be included in the suggested draft law. They predict that the federal law «On State Management of Building an Innovative Economy in the Russian Federation» could have a positive impact on the dynamics of crime and unlawfulness in the innovative sphere of modern Russia. The reduction of the share of subjectivism in the process of state management of building an innovative economy will reduce opportunities for corruption activities in the innovative sphere.

scholarly journals Problems of the mechanism for challenging of transactions of the debtor in bankruptcy case

2021 ◽  
pp. 30-45
Author(s):  
Viktoriya Viktorovna Kalinkina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Subject Matter ◽  
Court Ruling ◽  
Federal Law ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation

The subject of this research is a set of legal norms that regulate relations in the sphere of challenging of transactions of the debtor, as well as the law enforcement practice. The object of this research is the social relations that develop in the context of challenging of transactions of the debtor in bankruptcy case. The article discusses the problems faced by the arbitration and financial executives at the stage of claim preparation for challenging of transactions of the debtor, i.e. formation of evidence, as well as at the stage of execution of the corresponding court ruling. The purpose goal of this article lies in articulation of the problem, substantiation of the need for legislative regulation, and formulation of recommendation for the improvement of current legislation on the subject matter. The scientific novelty consists in addressed the issues that have not previously become the subject of separate research; as well as in the author’s conclusions and recommendations aimed at the improvement of the Federal Law No. 127-FZ of. October 26, 2002 “On Insolvency (Bankruptcy)” and other normative legal acts regulating this field. The acquired results can also be used in the Russian legal science for further elaboration on the issues related to the effectiveness of the mechanism for challenging of transactions of the debtor, and as well  as improvement of the current legislation of the Russian Federation and law enforcement practice that regulate this field.

Legal regulation of the system of social services for the population in modern Russia

2021 ◽  
pp. 337-345
Author(s):  
Sadykov Ramil Midkhatovich Sadykov Ramil Midkhatovich ◽  
Nataliya Leonidovna Bolshakova ◽  
Rita Khurmatullovna Khamadeeva
Keyword(s):  
Social Services ◽  
Russian Federation ◽  
Service Sector ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Norms ◽  
Social Comfort ◽  
The Russian Federation ◽  
Further Development

The article examines the issues of the modernization of the system of social services for the population in the framework of the implementation of the Federal Law «On the Basics of Social Services for Citizens in the Russian Federation.» The subject of the analysis is the legal norms governing the specifics of the provision of social services. The innovations in the service system that have occurred within the framework of the adoption of the new legislation of the Russian Federation are considered in detail. Positive changes in social policy required bringing the sphere of legal regulation of the system in line with the modern stage of the development of society. The important innovations are in the legislative requirements to the organization of social services, the parameters for assessing citizens in need, and the determination of per capita indicators for financing the services. However, along with positive aspects, in practice there are some shortcomings concerning, in particular, the imperfection of the delineation of powers between the Russian Federation and its constituent entities, the lack of legal norms on many social services, their clear normative quality indicators, shortcomings in the system for identifying those in need, problems of law enforcement in the sphere of implementation of certain forms of social services, etc. All these issues dictate the need for further improvement of some of its provisions, the introduction of innovative technologies in the field of social services to the population with the study and application of successful domestic practice and foreign experience, as well as further development of methodological and regulatory framework. The substantial component of the modernization of the system is services that increase the vector of social subjectivity of the needy categories of the population and ensure the improvement of their life and social comfort, and the fact that the institutionalization of the system of social services in the service sector contributes to the expansion of its capabilities in modern conditions.

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