scholarly journals The Place of Absolute Civil Rights in the System of Legal Regulation of Relations in Merchant Shipping

Lex Russica ◽  
2021 ◽  
pp. 18-31
Author(s):  
S. V. Ochkurenko
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Status ◽  
Private And Public ◽  
The Russian Federation ◽  
Merchant Shipping ◽  
Definition Of

The paper is devoted to the analysis of the place of absolute civil rights in the system of legal regulation of relations in merchant shipping. The main objectives of the study are to identify the role and general legal features of absolute civil rights exercised in the field of merchant shipping, as well as the search for optimal directions of improvement of civil legislation regulating the relevant relations.The paper characterizes the interaction between absolute and relative rights in the process of regulating relations in merchant shipping. It is established that property rights, due to their absolute nature, constitute the legal basis for the formation of legally binding relations under private and public law. In turn, the content of property rights is actively affected by public goals and tasks of legal regulation of relations arising in merchant shipping. For example, the extension of the status of an immovable property to a marine vessel is preconditioned due to the tasks of ensuring public policy in the field of commercial navigation. The author highlights the main material objects of property rights. Particular attention is paid to the peculiarities of the property law regime applied to the sea vessel and the objectives of establishing these peculiarities. The author summerizes the main normative and doctrinal approaches to the definition of the concept of a “vessel” and substantiates the necessity of a single normative consolidation of this concept in the legislation of the Russian Federation and international law instruments.The author differentiates between absolute and relative relations in the field of commercial navigation. The author substantiates the property and legal nature of the relationship arising with regard to sea vessel possession when the vessel is leased out, as well as possession of the cargo on board of the vessel. The author makes proposals concerning inclusion in the Civil Code of the Russian Federation of certain provisions on possession of a thing, as well as proposals on the development of special legal norms governing limited property rights to objects of merchant shipping.

scholarly journals PLASMA OF BLOOD: LEGAL STATUS AND TURNOVER THEREOF IN RUSSIAN AND EUROPEAN CIVIL LAW SYSTEMS

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Виолетта Трубина ◽  
Violetta Trubina
Keyword(s):  
Blood Plasma ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Point Of View ◽  
Raw Material ◽  
Human Blood Plasma ◽  
Legal Norms ◽  
The Status ◽  
The Russian Federation

The shortage of blood plasma medicine in the Russian Federation has made the production of domestic medicine a top priority task of the state. Until recently the blood products were made mainly by state-owned enterprises, nowadays this has become very attractive for privately owned companies. In practice, they have to deal with the ambiguity of the status and transferability of blood plasma at different stages of the medicine production line. Therefore, the issue of legal regulation of plasma as the main raw material for the production of blood medicine has become to be a practical issue. This article attends to the problem of the nature and legal status of human blood plasma from the point of view of currently effective laws of the Russian Federation and European legislation. Special attention is paid to the basic principles applied to the use of human tissues and organs. The author reviews the legal regulation relating to the status of a human body and its organs from the point of view of international legal norms, civil legislation of the EU, Switzerland and the Russian Federation. Also, the author reasons the proprietary nature of the blood plasma as a source for biological medicine, and describes the factors limiting its transferability. The conclusion contains brief description of the legal status of the blood plasma.

scholarly journals Problematics of the Content of "Labor" Сonstitution Сategory

2021 ◽  
pp. 20-24
Author(s):  
Anna Kanakova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
High Quality ◽  
The Status ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article discusses the constitutional category of «labour», the definition of which is not enshrined in legislative acts because it is considered to be a well-known category, which is not a special legal one and does not require any clarification. However, this approach creates difficulties for legal regulation, as it blurs the boundaries for the legislator and the executor. Lack of awareness of the concept of a regulated category can lead to a situation when the legislator, creating a new law or making amendments to an existing one, will subject to regulation the area that does not pertain to the relevant legal phenomenon, or vice versa - will ignore part of the content of the regulated category, which is certain to negatively affect the quality of legal regulation. Law enforcement practices similarly face difficulties in having only doctrinal understandings of statutory concepts, which creates inconsistency in decisions made by lawyers in course of their professional work. The 1993 Constitution of the Russian Federation enshrined the category of «labour» in a number of articles, but did not clarify the interpretation of its concept. The analysis of economic and legal views on labor allows us to conclude that, despite the status of a well-known category, which, it would seem, does not need an explanation, only the presence of clear criteria for recognizing an activity as labor, provides high-quality legal regulation, in particular, it allows not only to separate the types of activities that are not subject to legal regulation, but also to choose the right branch of law that regulates social relations in each particular case.

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 PLACE OF CRYPTOCURRENCY IN THE SYSTEM OF CIVIL RIGHTS

2020 ◽  
pp. 64-68
Author(s):  
N.A. Pronina ◽  
A.V. Buyanov
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Russian Federation ◽  
Legal System ◽  
Legal Regulation ◽  
Quality Development ◽  
Legal Regime ◽  
High Quality ◽  
Community Approach ◽  
The Russian Federation

In the context of digitalization, the issues of determining the legal regulation of matters related to theuse of cryptocurrencies are naturally becoming increasingly relevant. The qualification of cryptocurrencyas an object of civil rights is one of the most important aspects of the legal regime of cryptocurrency. Theneed for high-quality development and registration of the legal regime of cryptocurrency, incorporationof this phenomenon into the legal system of the Russian Federation requires a detailed study of theissues of determining the place of cryptocurrency in the system of civil rights, attributing legal signs ofproperty or property rights to it, or, conversely, postulating and consolidating its fundamental identityand individuality. Analysis of the latest legal initiatives leads us to conclude that the legal regulation isinconsistent and ambiguous. Meanwhile, the courts repeatedly faced the proceedings and resolutions ofissues of cryptocurrency circulation, in particular in contractual disputes and bankruptcy disputes, whichpredetermined a certain judicial community approach to the concept of cryptocurrency and it’s qualificationsas an independent object of civil rights

scholarly journals Problems of Legal Regulation of Land and Property Relations in Russian Resorts

Lex Russica ◽  
2019 ◽  
pp. 148-160
Author(s):  
O. A. Romanova
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Local Population ◽  
Legal Regulation ◽  
State Ownership ◽  
Public Interests ◽  
Property Relations ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Definition Of

The paper is devoted to the consideration of current theoretical and practical issues of legal regulation of land and property relations in the territories of resorts in the Russian Federation. The relevance of the research topic is due to the imperfection of the current land and special legislation governing these relations, which leads to numerous violations of the legal regime of the land resorts, land and property rights of individuals and public interests, as evidenced by judicial practice. Based on retrospective analysis of land and environmental legislation of the Russian Federation, materials of law enforcement practice and scientific developments, the paper considers both theoretical problems of limiting the turnover of land within the territory of Russian resorts, and the problems of the application of legislation in practice, including in judicial practice. The author shows the inefficiency of the current legal regulation of land and property relations within the territory of resorts, the main reasons for the situation, the ways to improve land and special legislation in this area. It is concluded that the unjustified restriction of land turnover within the boundaries of the territories of resorts and the delimitation of state ownership of the relevant land, depending on the classification of the resort to Federal, regional and local significance, which prevents the development of these territories and violates the property rights of the local population and the owners of real estate. The problems of establishing the borders of districts and zones of sanitary (mountain-sanitary) protection of resorts in documents and when being identified on site are shown. The author justifies the conclusion about the need for development of a new scientific technique of definition of borders of the specified districts and zones and on its basis of revision of their existing borders that is necessary for establishment of reasonable restrictions of use and turnover of the parcels of land in borders of resorts is proved.

Achieving Balance between Private and Public Interests in Arbitration Disputes

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Said Kazhlaev
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Regulation ◽  
Federal Law ◽  
Public Interests ◽  
Private And Public ◽  
The Russian Federation ◽  
Culture And Development ◽  
The Right ◽  
Judicial Protection

The article is devoted to the issue of achieving balance between private and public interests in arbitration disputes. The author notes that arbitration proceedings as one of the alternative forms of civil rights protection, guarantee the realization by the parties of the right to freedom of contracts and the right to judicial protection in a voluntarily elected procedural form. The author draws attention to the fact that a legislator can impose certain restrictions, based on the need to ensure balance between private and public interests depending on the object of the dispute, its social importance, conditions of civil circulation, legal culture and development of the national social and economic system. The article contains proposals for amendments and additions to the new Federal Law “On Arbitration (Arbitration Proceedings) in the Russian Federation”. The author concludes that the new task of legal regulation is the creation of favorable legal environment for the functioning of arbitration courts which being an institute of civil society, will contribute to more effective functioning of national economy under the conditions of a civilized market, implementation of stability in economy management and attractiveness of the jurisdiction of the Russian Federation as a venue to conduct arbitration with participation of foreign countries.

The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

POTENTIAL OF BANK CURRENCY TRANSACTIONS WITH CRYPTOCURRENCY IN RUSSIA

2021 ◽  
Author(s):  
Юлия Борисовна Арон ◽  
Елена Валерьевна Жегалова
Keyword(s):  
Russian Federation ◽  
Banking System ◽  
Legal Regulation ◽  
Actual Problem ◽  
Digital Currency ◽  
Russian Economy ◽  
The Russian Federation ◽  
Definition Of

В статье рассматривается актуальная проблема интеграции крипто-валюты в банковскую систему РФ. Авторами предлагается определение криптовалюты, обосновывается востребованность использования цифровой валюты в экономике. Рассматривается специфика современного правового регулирования операций с криптовалютой и перспективы его развития в российской экономике. The article deals with the actual problem of integrating cryptocurrency into the banking system of the Russian Federation. The authors propose a definition of cryptocurrency, substantiate the demand for the use of digital currency in the economy. The article considers the specifics of modern legal regulation of cryptocurrency transactions and the prospects for its development in the Russian economy.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

The international legal framework for cooperation between States on countering illicit trafficking in medical products

2021 ◽  
Author(s):  
Kristina Zimina
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Law Schools ◽  
Legal Norms ◽  
Medical Products ◽  
Wide Range ◽  
The Russian Federation ◽  
Illicit Trafficking

The monograph is devoted to the study of the international foundations of cooperation between states in the field of combating illicit trafficking in medical products (NOM), as well as to the study of the functioning of modern international legal mechanisms of such interaction. The author's proposals for improving the legal regulation in the field of countering the NOM in the process of implementing international legal norms regulating these legal relations into the legislation of the Russian Federation and foreign states are presented. For a wide range of readers interested in countering illegal trafficking of goods, works and services. It will be useful for students, postgraduates and teachers of law schools.

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