scholarly journals Differntiation between Rational and Sustainable Use of Natural Resources in Land Law

Lex Russica ◽  
2020 ◽  
pp. 54-66
Author(s):  
E. V. Luneva
Keyword(s):  
Law Enforcement ◽  
Natural Resources ◽  
Russian Federation ◽  
Land Reclamation ◽  
Sustainable Use ◽  
Land Law ◽  
Rational Use ◽  
The Russian Federation ◽  
Administrative Code ◽  
Administrative Responsibility

The rational use of natural resources in land law is understood as the increase in the ecological efficiency of the use of natural resources, including the quality improvement. the paper identifies the types of public relations concerning the rational use of natural resources in land law: 1) improvement of the state of the natural environment and the ecological situation in general; 2) improvement of the quality of land as a separate natural resource and a natural object; 3) land reclamation; 4) land restoration; 5) additional reproduction of land fertility; 6) other relationships aimed at improving the sustainability of environmental systems of which land is a part. On the example of Part 2 Art. 8.7 of the Administrative Code of the Russian Federation, Para. 2 of Art. 45, Para. 2 of Art. 46 and Para. 1 of Art. 47 of the Criminal Code of the Russian Federation the paper shows the significance of differentiation between rational and sustainable use of natural resources in land law for law enforcement. The proposed differntiation leads to overcoming legal uncertainty when bringing to administrative responsibility and forced termination of rights to land plots for failure to fulfill mandatory measures for the land improvement. The author substantiates the supression from the objective side of the administrative offense provided by Part 2 of Art. 8.7 of the Administrative Code of the Russian Federation, of the failure to act on mandatory improvement of lands. The reasons for the proposed change of the rule include: 1) the absence in law enforcement practice of the facts of bringing to administrative responsibility under Part 2 Art. 8.7 of the Administrative Code of the Russian Federation for failure to comply with mandatory measures to improve lands; 2) recognition by courts in most cases of the design of part 2 of Art. 8.7 of the Administrative Code of the Russian Federation as a formally defined crime; 3) the study of Part 2 Article 8.7 of the Code of Administrative Offences of the Russian Federation in the science of Land Law exclusively in the context of the failure to implement mandatory measures to protect land and soil; 4) only social relations in the field of preservation and protection of land against negative impact can be the object of an administrative violation.

Administrative Liability for Illegal Remuneration on Behalf of Legal Person

10.12737/7545 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Артем Цирин ◽  
Artem Tsirin ◽  
Сергей Зырянов ◽  
Sergey Zyryanov
Keyword(s):  
Law Enforcement ◽  
Present Article ◽  
Russian Federation ◽  
Legal Person ◽  
Criminal Prosecution ◽  
Criminal Offence ◽  
National Plan ◽  
The Russian Federation ◽  
Russian Law ◽  
Administrative Responsibility

The present article is devoted to problem aspects of administrative responsibility for illegal remuneration on behalf of the organization in the Russian Federation. In the article on the base of law-enforcement practice are analyzed suggestions for improvement of legislative mechanisms of involvement organizations to responsibility for the corruption offenses made from a name or in interests of such organizations. Carrying out researches on the designated subject is provided by the National plan of corruption counteraction for 2014—2015. In Russian law-enforcement practice there are a lot of cases when the organization actively assists in criminal prosecution of the guilty person. However, judges make the organization responsible. Considering the big sizes of sanctions provided by this article, the situation is perceived as injustice and doesn´t promote achievement of the objectives of administrative responsibility. In this regard authors developed the special bases of releasing organization from responsibility in cases when governing bodies actively promote disclosure and investigation of the criminal offence made by interested person.

scholarly journals ENVIRONMENTAL PROTECTION

2020 ◽  
Vol 35 (1) ◽  
pp. 203-2012
Author(s):  
A.A. Magadieva ◽  
◽  
B.S. Murzabulatov ◽  
Keyword(s):  
Environmental Management ◽  
Natural Resources ◽  
Environmental Pollution ◽  
Environmental Problem ◽  
Land Reclamation ◽  
Natural World ◽  
Rational Use ◽  
The Earth ◽  
Responsible Attitude ◽  
The Russian Federation

The article discusses the key sources of environmental pollution and measures to preserve the environment and nature. By rational use of the Earth’s natural resources and responsible attitude to the environmental problem, this situation can be radically changed. One of the important problems of mankind today is environmental pollution. The environment is the habitat, the natural world that surrounds a person; includes natural and artificial environments. In many constituent entities of the Russian Federation, garbage reform has already begun to work. The goal of the garbage reform is the elimination of illegal landfills and the transition to separate waste collection, sorting and recycling so that they can be reused. Old landfills are subject to reclamation. Land reclamation as an integral part of environmental management in the development of environmental management projects in accordance with the requirements of regulatory documents is required. Thus, nature conservation is a set of measures and measures aimed at the rational use and reproduction of all natural resources of the Earth, as well as the conservation of the gene pool of flora and fauna, wealth of the subsoil, clean water and atmospheric air.

scholarly journals Regional Investment Market in the Sphere of Waste Management: Dynamics, Structure, Evaluation Methodology

REGIONOLOGY ◽  
2021 ◽  
Vol 29 (4) ◽  
pp. 840-865
Author(s):  
Irina A. Ivanova ◽  
Svetlana G. Busalova ◽  
Elmira R. Gorchakova
Keyword(s):  
Waste Management ◽  
Natural Resources ◽  
Environmental Protection ◽  
Russian Federation ◽  
Waste Generation ◽  
Rational Use ◽  
Regional Investment ◽  
Fixed Assets ◽  
The Russian Federation ◽  
Investment In Fixed Assets

Introduction. Developing environmental entrepreneurship and attracting investments in the sphere of waste management are relevant for increasing the sustainability of economic systems in the circumstances of catastrophic environmental pollution, climate change, and depletion of natural resources. Based on the conducted research, the article assesses the impact of industrial and consumer waste generation on the development of the regional investment market in the sphere of waste management. Materials and Methods. A systemic analysis of the databases of the Federal State Statistics Service characterizing the development of the investment market in the sphere of waste management was performed using the correlation, factor, and regression (linear and nonlinear) methods of analysis, as well as the analysis of variance. On the basis of econometric dynamic modeling using instrumental variables, the study has revealed the dependence of the volume of investment in fixed assets in the Russian Federation aimed at environmental protection and rational use of natural resources on the volume and structure of generated industrial and consumer waste. Results. The volume of investment in fixed assets in the Russian Federation aimed at environmental protection and rational use of natural resources has been prognosticated taking into account the statistical criteria; conclusions have been drawn about strong influence of the dynamics of industrial and consumer waste generation. Based on the conducted research, proposals for increasing investment activity in the sphere of waste management have been formulated. Discussion and Conclusion. The sphere of waste management has a high development potential enabling this sector of the Russian economy, with appropriate competent investment policy, to solve not only environmental, but also significant macroeconomic problems. The results obtained can be used when elaborating and implementing measures aimed at the development of a waste management system, the key exogenous parameter of which, determining the magnitude of the macroeconomic effect, is the volume of investment in the production of waste collection and processing equipment.

scholarly journals Statutes of Limitations on Bringing to Administrative Responsibility and the Procedure for their Calculation in the Context of Constitutional Law Principles

Lex Russica ◽  
2021 ◽  
pp. 32-43
Author(s):  
A. K. Subachev
Keyword(s):  
Russian Federation ◽  
General Rule ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Constitutional Principle ◽  
Special Procedure ◽  
The Russian Federation ◽  
One Year ◽  
Administrative Code ◽  
Administrative Responsibility

The initial version of the Code of the Russian Federation on Administrative Offences provided for a general statute of limitations (two months) and a special statute of limitations (one year from the date of the commission of an administrative offense) for administrative liability. As a result of multiple amendments to part 1 of Art. 4.5 of the Administrative Code of the Russian Federation, the special terms were increased to two, three and six years depending on the type of an administrative offense. In addition, initially part 4 of Art. 4.5 of the Administrative Code of the Russian Federation established a special procedure for calculating the statute of limitations for bringing to administrative responsibility in case of refusal to initiate criminal proceedings or dismissal of the case. The statute of limitation commenced from the date when the decision was made to refuse to initiate proceedings or to dismiss the case. Although the provision under consideration was later brought into line with the general rule, the legislator considered it necessary to supplement Art. 4.5 of the Administrative Code of the Russian Federation with parts 5.1, 6, 6.1 and 7, linking the beginning of the statute of limitations for administrative liability for certain administrative offenses with certain legal facts. As a result of the study, the author has revealed the discrepancy between the mentioned legislative innovations and the constitutional principle of proportionality of restrictions imposed by the legislator on the rights and freedoms and the principle of legal certainty. The author makes a proposal to improve the current legal regulation of the statute of limitations with regard to bringing to administrative responsibility and the procedure for their calculation.

scholarly journals SOME ISSUES OF INVOLVEMENT TO ADMINISTRATIVE RESPONSIBILITY FOR VIOLATION OF ESTABLISHED INTERIM RESTRICTIVE MEASURES IN THE CONDITIONS OF THE COVID-19 NEW CORONAVIRUS INFECTION PANDEMIC

2021 ◽  
Vol 6(72) (3) ◽  
pp. 331-337
Author(s):  
V. V. Konoplev ◽  
A. V. Basov
Keyword(s):  
Russian Federation ◽  
Well Being ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Definition Of ◽  
Objective Side ◽  
Administrative Code ◽  
Restrictive Measures ◽  
Administrative Responsibility

The article analyzes the issues regarding the definition of some aspects of bringing to administrative responsibility for violation of the established temporary restrictive measures in the context of the COVID-19 pandemic. Special attention is paid to the analysis of changes in the Code of Administrative Offenses of the Russian Federation due to the need to strengthen measures of responsibility in the field of ensuring sanitary and epidemiological well-being. One of the novels are offenses under Part 2, Part 3 of Art. 6.3 Administrative Code, as well as Art. 20.6.1 Administrative Code of the Russian Federation. The features of the objective side of these offenses are established, as well as a list of subjects of these offenses.

scholarly journals Simplified Proceedings on Administrative Offenses with the Application of Part 2 of Article 28.6 of the Administrative Offense Code of the Russian Federation and Analysis of the Court Practice Resulting from Revision of Ruling Ordering Administrative Punishment

2021 ◽  
Vol 4 ◽  
pp. 27-30
Author(s):  
Natalya V. Landerson (Tiunova) ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
Administrative Code ◽  
Court Practice

Тhe article considers topical issues of application of part 2 of article 28.6 of the Russian code of administrative offences, which provides for the exercise of the procedural actions of officials in case of consent of the person against whom the proceedings are conducted, with the event of a breach or appointed administrative punishment on the spot without a Protocol on a place of Commission of the offense. The positions of judicial authorities when considering complaints against rulings in this category of cases are given, and a new version of article 28.6 of the administrative Code of the Russian Federation is proposed, which will streamline law enforcement practice under this rule, minimize disputes related to the issue of proving the event of a misdemeanor, and significantly reduce the burden of courts of General jurisdiction on reviewing cases of administrative offenses in this category.

scholarly journals Legal means of antimonopoly regulation of entrepreneurial activity. Responsibility for violation of antitrust laws.

2020 ◽  
Vol 8 (3) ◽  
pp. 41-45
Author(s):  
Vladislav Belyay
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
Dominant Position ◽  
Antitrust Laws ◽  
The Russian Federation ◽  
Administrative Responsibility

The aim of this legal research is to analyze the legal means of antimonopoly regulation of entrepreneurial activity. In the course of the study, it was possible to find a number of problems in the use of legal means of antimonopoly regulation of entrepreneurial activity, as well as in the area of bringing to administrative responsibility for violation of antimonopoly legislation. To solve the above problems, the author suggests: 1. For a more effective fight against the abuse of a dominant position, it is necessary to apply tools of risk-oriented control 2. Create a mechanism for coordinating the actions of law enforcement agencies and antimonopoly authorities to identify the most dangerous offenses in the field of antimonopoly regulation. 3. Create a separate procedure for legal regulation of bringing to administrative responsibility for violation of antimonopoly legislation, separating these norms from the Code of Administrative Offenses of the Russian Federation into the current law on the protection of competition.

scholarly journals Liability of Legal Entities for Offenses Recorded by Special Technical Devices

2020 ◽  
Vol 1 (12) ◽  
pp. 11-16
Author(s):  
P. N. Smolyakov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Video Recording ◽  
The State ◽  
Commercial Vehicles ◽  
Illegal Behavior ◽  
Automatic Mode ◽  
The Russian Federation ◽  
Administrative Code ◽  
Legal Entities

The article is devoted to the exemption of legal entities from liability for administrative offenses recorded by special technical devices operating in an automatic mode and having functions of photo and film shooting, video recording, or by means of photo and film shooting, video recording. It is noted that the existing regulation in the Administrative Code of the Russian Federation in the interpretation of the highest court and other courts makes such liability ephemeral, allowing to arbitrarily shift it, for example, onto natural persons, e.i. drivers of vehicles belonging to legal entities. This situation allows legal entities with a large number of commercial vehicles throughout the country to easily avoid paying large amounts of administrative fines, which has nefative effect on pumping up the treasury and encourages further illegal behavior of their drivers on the roads. The author proposes to discuss the state of legislation and law enforcement on this issue.

scholarly journals The Recognition and Justification of Russia´s Sovereignty over its Natural Resources

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Сергей Боголюбов ◽  
Syergyey Bogolyubov
Keyword(s):  
Sustainable Development ◽  
Natural Resources ◽  
Russian Federation ◽  
Nature Management ◽  
Legal Basis ◽  
Independent State ◽  
Rational Use ◽  
Russian Constitution ◽  
The Russian Federation ◽  
Federal Laws

The global situation in the sphere of natural resources determines the legal basis of responsibility of individual states for rational use and protection of these resources. In the Russian Constitution and Russian legislation provide the powers of the Russian Federation in the sphere of sustainable development and rational use of land, subsoil, water, forests, wildlife, recognition and justification of its sovereignty. The independence of Russia in the field of nature management and environmental protection is based on international principles, Federal laws and regulations, and justified by the environmental vector of the national economy modernization, legislation, and manifested in the implementation of free citizens´ access to natural resources, participation in discussion, adoption of ecologically important decisions, in development of the independent state and public environmental expertise of economic projects, strategic assessments of environmental situations.

scholarly journals Administrative Responsibility as a Means of Protection of Patent (Inventor’s) Rights in the Russian Federation: Some Issues of Legal Regulation

Lex Russica ◽  
2020 ◽  
pp. 9-17
Author(s):  
N. A. Kulakov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Protection ◽  
Legal Regulation ◽  
Patent Law ◽  
Law Enforcement Agencies ◽  
Patent Rights ◽  
The Russian Federation ◽  
The Right ◽  
Administrative Responsibility

The purpose of the research paper is to study the problems of legal regulation of administrative liability in the field of patent law. As a result of the conducted research, the author comes to the conclusion that administrative responsibility as a means of legal protection of patent rights possesses significant potential capacity. However, a number of factors do not allow this potential to be enforced to the necessary extent. The author enumerates the following factors: latency of administrative offenses in the field of the patent legislation and lack of confidence of rights’ holders in law enforcement agencies in this area; low level of legal qualification of law enforcement officials in the field of the patent legislation; problems of the normative and legal regulation of administrative liability for infringement of patent rights. The author sees the solution to the problem of increasing the efficiency of administrative responsibility in the field of the patent legislation as a complex counteraction to the above factors. Within the framework of the paper special attention is paid to the problems of legal regulation of administrative liability in the field of patent legislation. The author analyzes Para 2 of Art. 7.12 of the Code of Administrative Offences of the Russian Federation, which provides for liability for violation of patent and inventor’s rights. The author comes to the conclusion about the need to develop this legal rule and defines a number of proposals for amending the current legislation. In addition, in order to ensure a comprehensive and effective protection of the right to remuneration for an invention (utility model, industrial design), a proposal has been formulated to expand the jurisdiction of the federal labor inspectorate and introduce the consequential amendments to the secondary legislation.

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