scholarly journals INDIVIDUAL LEGAL ACTS OF THE SUPREME COURT OF THE RUSSIAN FEDERATION ON FAMILY DISPUTES CONCERNING PROPERTY

Lex Russica ◽  
2020 ◽  
pp. 19-27
Author(s):  
O. N. Nizamieva
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Family Law ◽  
Legal Regulation ◽  
Legal Norms ◽  
Property Relations ◽  
The Supreme Court ◽  
The Family ◽  
Lower Courts ◽  
The Russian Federation

The article has analyzed the jurisprudence of the Supreme Court of the Russian Federation on family disputes that involve property issues, revealed features of implementation of functions of the highest court in this field. First, it is stated that the Supreme Court of the Russian Federation reviews decisions of lower courts mainly in cases where the application of family law rules is contradictory and unsettled. It is necessary to fill in a gap in family law, to resolve conflicts between certain legal norms, to choose between several possible interpretations of the law. Second, the judicial panels of the Supreme Court of the Russian Federation, making a determination on a particular case, clarify the meaning of legal norms, and sometimes under the guise of interpretation in fact correct ill-considered or outdated norms of family law. Third, the High Court reviews cases where there is a typical and widespread error in the application of a very clear and defined rule. Fourth, in individual legal acts it is possible to observe the concretization or change of the previously designated legal stances while maintaining the legislative rules in the same form. Using certain examples of cases considered by the Supreme Court of the Russian Federation on family disputes concerning property, the paper has demonstrated the mechanism of possible transformation of abstract, non-personified and doctrinally oriented provisions contained in the definitions of judicial boards of the Supreme Court to general legal regulators. The author has determined certain problems of legal regulation of property relations in the family that have not been settled by the Supreme Court of the Russian Federation.

scholarly journals On Imperfection of Family Laws of the Russian Federation

2020 ◽  
Vol 12 ◽  
pp. 10-16
Author(s):  
Irina S. Merzlyakova ◽  
Keyword(s):  
Russian Federation ◽  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Marriage And Family ◽  
Legal Norms ◽  
The Family ◽  
Family Practices ◽  
Life Itself ◽  
The Russian Federation

The article is devoted to the substantiation of the need to improve the family legislation of the Russian Federation due to the lack of legal norms that clearly regulate modern forms and problems of marriage and family practices, as well as due to the contradictions existing in Russian family law. Life dynamics, a variety of life realities, value transformations are not “covered” by the current legal field: many conflict and controversial situations of modern marriage and family relations remain outside the legal regulation. This fact indicates the lag of law from life itself.

scholarly journals Problems of Interpretation of Paragraph 2 of Article 35 of the Family Code of the Russian Federation in Russian Legal Science and Jurisprudence

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 9-19
Author(s):  
A. A. Dobrovinskiy
Keyword(s):  
Russian Federation ◽  
Common Property ◽  
Legal Regulation ◽  
Property Relations ◽  
The Supreme Court ◽  
The Family ◽  
The Russian Federation ◽  
The Common ◽  
Relationship Of ◽  
Family Code

The paper analyzes the issues of interpretation and application of the presumption of spousal consent in transactions involving the common property of spouses. Presumption of spousal consent to carry out transactions with common property is considered in the context of its correlation with the principle of equality of spouses, including property relations. The paper deals with the jurisprudence on this issue, including the decisions of the Supreme Court of the Russian Federation. The author has determined practical problems in the field of application of this rule of law. The author comes to the conclusion that the legal regulation of the legal regime of property of spouses, in force at present, has a number of shortcomings that not only violate the rights of co-owners of the specified property, but also, in our view, are often contrary to the law. In particular, the current jurisprudence with regard to paragraph 1 of section 2 of Article 35 of the RF Family Code contradicts both the constitutional rule enshrined in Article 35 of the Constitution of the Russian Federation providing for the protection of the interests of the owner and the norms of the Family Code of the Russian Federation establishing the principle of equality of spouses in property relations (Articles 21, 31, 35). The paper gives reasonable proposals to improve the legislation. To this end, the author suggests the following wording for Paragraph 1 of Section 2 of Article 35 of the Family Code of the Russian Federation: “When one of the spouses carries out a transaction in the administration of the common property of the spouses, it is assumed that one spouse acts with the consent of the other spouse. This assumption applies exclusively to the legal relationship of spouses with third parties.”

scholarly journals On the Terms for Making and Filing for Review of Administrative Offense Minutes

2021 ◽  
Vol 6 ◽  
pp. 54-56
Author(s):  
Aleksey S. Lizunov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Time Frame ◽  
Legal Regulation ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Administrative Responsibility

The article draws attention to the imperfection of the legal regulation of certain procedural terms in the Code of Administrative Offenses of the Russian Federation. The position of the Plenum of the Supreme Court of the Russian Federation was recognized as unjustified, regarding the recognition of the time frame for drawing up and further forwarding the protocol on an administrative offense for the consideration of the case as non-restrictive. A proposal has been formulated to legislatively consolidate the provision that a protocol on an administrative offense should be drawn up and sent for consideration as soon as possible, but not beyond the statute of limitations for bringing to administrative responsibility.

scholarly journals Criminal infraction as a mean of differentiating criminal responsibility and punishment

2021 ◽  
Vol 2 (12) ◽  
pp. 62-67
Author(s):  
E. A. BABAYANTS ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Offense ◽  
Foreign Countries ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

Discussions caused by the initiative of the Supreme Court of the Russian Federation on the introduction of a new category of offenses – criminal infraction which can occupy an intermediate link between an administrative offense and a criminal offense – do not stop. The article reveals the concept of a criminal infraction, lists its main features, considers the feasibility of introducing this category into domestic criminal legislation. A brief analysis of the legislation of a number of foreign countries is also given, the possibility of applying such experience in Russian conditions is assessed. The conclusion is formulated that it is necessary to recognize as fair the arguments challenging the necessity of adopting the draft law in the form in which it was submitted for consideration by the Supreme Court of the Russian Federation. Attention is drawn to the fact that in those countries where the category of criminal offense was introduced, a fundamental reform of the criminal legislation was required: a total revision of the norms of the existing criminal legislation or the adoption of a separate Code of criminal infractions (for example, in Kyrgyzstan). Based on this the draft law under consideration appears to be a half-measure, which will lead to the complication of the existing legal regulation. The most correct way to resolve the problem under consideration would be to reduce the number of minor offenses in the Criminal Code of the Russian Federation

scholarly journals Sources of Formation of Legal Positions of Russian Highest Judicial Bodies

2021 ◽  
pp. 130-142
Author(s):  
Mariia Viktorovna Globa
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Legal Method ◽  
The Supreme Court ◽  
The Russian Federation

The present study is devoted to determining the place and role of legal positions of higher judicial bodies of Russia (judicial legal positions) in the mechanism of legal regulation. Let us specify in advance that the author means the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation (taking into account the 2014 amendments made to the legislation concerning the liquidation of the Supreme Arbitration Court of the Russian Federation) as the higher judicial bodies of Russia. Establishing the meaning and role of judicial legal positions in the mechanism of legal regulation is carried out by the author of this study through the analysis and demonstration of the main sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation. In this regard, the author of this work identifies as sources of formation of judicial legal positions: legal and non-legal. Non-legal sources of formation of legal positions of the highest courts of Russia differ from the legal ones in the fact that initially they do not have material expression, exist in the abstract, however, have no less importance for the process of formation of judicial legal positions. To the legal sources of creating legal positions of the highest judicial bodies of Russia the author includes: formal sources of law, current legal practice, legal doctrine. As non-legal sources of formation of legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation are: the inner conviction of a judge and professional legal consciousness of a judge. The author of this scientific research consistently reveals the importance and role of each source of formation of judicial legal positions. The conducted study of the most significant sources of formation of judicial legal positions allowed to better understand the place of legal positions of higher courts of Russia in the legal system and their role in legal regulation, which is reduced not just to the interpretation of judicial acts, but also to the formation of new legal provisions, which ultimately form a uniform judicial practice. Methodological basis of the study consisted of: analysis, synthesis, comparative-legal method, deduction, induction and other ways of knowledge used in science. Scientific conclusions and proposals contained in this work may serve as a basis for further theoretical study of the problems of judicial legal positions and used in the activities of legislative and law enforcement bodies.

scholarly journals The Concept of Freedom of Enterprise Through the Prism of Criminal Law Characteristics of Fraud

2019 ◽  
Vol 13 (2) ◽  
pp. 291-299
Author(s):  
Yekaterina Yakimova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Negative Results ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Law ◽  
Entrepreneurial Activities

The research of issues connected with the analysis of business risks is relevant because of the problem of qualifying the actions of entrepreneurs under the fraud-related Articles of the Criminal Code of the Russian Federation. Besides, the development of technologies increases the number of frauds in the digital environment, which makes it necessary to determine key features of fraudulent actions connected with the changes in the economic organization of the society connected with the digital transformation of some branches of the world economy in general and Russian economy in particular, of the social sphere, and of the specifics of public administration of some areas of life. The responsiveness of lawmakers manifested in amending a group of Articles in the Criminal Code of the Russian Federation regarding the legal characteristics of fraud, shows that there are some problems in the legislative regulation of this sphere. The author believes that they are caused by an attempt to assess the degree of freedom of enterprise and the degree of involvement of each side of legal relations in the risk of investment. The analysis of legislation, the law enforcement practice, statistical data give reason to believe that most of the problems of legislative understanding of fraud in entrepreneurship are not connected with contradictions in the legal regulation, but rather with the drawbacks of the law enforcement practice, the prevalence of repressive methodology in classifying the actions of entrepreneurs and the inner conviction of the law enforcement employees that entrepreneurs intentionally strive to obtain negative results in any, and primarily entrepreneurial, activities. The author argues that further improvement of the Criminal Code of the Russian Federation will not yield any tangible results, which testifies to a considerable transformation of the fraud-related Articles in the last 15 years. Changes in the practice of enforcement of the criminal law’s articles regarding fraud are only possible after the principles of such work are worked out by the Supreme Court of the Russian Federation, who at present pays much attention to this issue, although some clauses of the Plenary Session of the Supreme Court of the Russian Federation require further analysis and improvement.

scholarly journals A Special Legal Approach to Interpretation of Norms of Criminal Procedure Law

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 63-74
Author(s):  
D. P. Velikiy
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Legal Interpretation ◽  
Legal Method ◽  
The Supreme Court ◽  
Criminal Procedure Law ◽  
The Russian Federation

The paper discusses the issue of a special legal approach to interpretation of norms of criminal procedure law. On the example of criminal procedural law the author substantiates the independent character of the special legal method of interpretation, its difference from the grammatical and systematic (systemic) methods of interpretation of law, as well as the place of this method among other means of interpretation. The subject of special legal interpretation include: special legal terms, concepts, categories, legal structures, types (regularities) of legal regulation, rules of legal technique, theoretical provisions. The vast majority of such interpretations were carried out by the Plenum of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation, which is predetermined by the need for a common understanding of criminal procedural terminology. Unlike grammatical interpretation, which provides a linguistic analysis of the text of the law, systematic interpretation in which interpretation takes into account the place of the norm in the systemic relationship with other norms, in special legal interpretation the main source of information is legal knowledge, i.e. the knowledge of law and legal theory. If a special legal interpretation is carried out by an official body, it is usually normative. Also, based on the legal stances of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation, the author gives examples of “evolution” of legal standings from special legal interpretation to adoption and amendment of legal norms. The article investigates the judicial practice containing the results of special legal interpretation of criminal procedural rules, e.g. legal concepts and terms defined by the same words, but having different meaning depending on the branch of law in which they are used. The author also gives examples of determination of the branch of law to which the norm belongs by means of special legal interpretation.

scholarly journals ISSUES OF QUALIFICATION OF EXCEEDING OF JUSTIFIABLE DEFENSE LIMITS

2020 ◽  
Vol 11 ◽  
pp. 32-36
Author(s):  
Andrey V. Nikulenko ◽  
◽  
Maksim A. Smirnov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Advantages And Disadvantages ◽  
The Supreme Court ◽  
The Russian Federation

The article is dedicated to justifiable defense as a circumstance excluding the criminal character of an act pursuant to criminal laws of the Russian Federation. The authors cover some issues concerning the application of provisions stipulated by Article 37 of the Criminal Code of Russia. The research of these provisions allows identifying the advantages and disadvantages of the legal regulation of justifiable defense including the disadvantages of the judicial and investigative practice. The paper criticizes the existing approach and offers ways to solve the indicated problems including by means of amendment of resolution of the Plenum of the Supreme Court of the Russian Federation No. 19 of September 27, 2012, On the Judicial Application of Laws on Justifiable Defense and Causing of Damage in the Course of Detention of a Criminal. The authors suggest a means of possible reconstruction of the corresponding provisions of Article 37 of the Criminal Code of the Russian Federation in view of ambiguous and often inconsistent practice of application of criminal law provisions on justifiable defense.

scholarly journals Relevant Issues of the Legal Treatment of Abduction

Russian judge ◽  
2020 ◽  
Vol 12 ◽  
pp. 45-50
Author(s):  
Svetlana V. Kornakova ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Court Decisions ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Cis Countries ◽  
Definition Of

The article critically assesses the absence of a definitive provision in the Russian criminal law that does not meet the criterion of legality, revealing the qualifying features of kidnapping. Examples of contradictory court decisions resulting from this are given. The relevant legal norms of some CIS countries are analyzed. It is concluded that the definition of kidnapping developed by judicial and investigative practice and reflected in the decisions of the Supreme Court of the Russian Federation is more specific. It is argued that it should be fixed in art. 126 of the Criminal Code of the Russian Federation.

scholarly journals FEATURES OF QUALIFICATIONS FRAUD IN THE CRIMINAL LEGISLATION OF THE RUSSIAN FEDERATION

2017 ◽  
Vol 13 (1-2) ◽  
pp. 113-116
Author(s):  
Stanislav V Rozenko ◽  
Ksenia A Murzina
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Serious Crime ◽  
The Supreme Court ◽  
The Family ◽  
The Subject ◽  
The Russian Federation ◽  
Criminal Legislation

The article considers the problems of determining a fraud in the Russian criminal law. The relevance of the topics currently defined by the presence of problems of qualification of fraud resulting from new approaches to the criminalization of theft. The subject is article 159 of the criminal code. Tasks of the article: suggestion when you know the subject of the crime under-ruined article 159 of the criminal code, in accordance with the current changes of the civil legislation of the Russian Federation, people's property, which includes rights of property; to add to article 159 of the criminal code a qualified sign of the Commission of a fraud committed by a group of individuals that alows you to qualify actions of guilty, in the case of lack of proof of their collusion, as a more serious crime than fraud committed by more than one individual; it seems necessary to define in the explanation of the resolution of Plenum of the Supreme Court position on the percenage of the causes of harware damage with the income of the victim or the aggregate income of the family of the victim, taking into account the number of family members.

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