scholarly journals The Content of Recovering and Compensating the Harm Caused by the Crime under the Legislation of the Russian Federation and Germany

Lex Russica ◽  
2021 ◽  
pp. 136-145
Author(s):  
Ya. M. Ploshkina
Keyword(s):  
Russian Federation ◽  
German Law ◽  
Legal Regulation ◽  
Legal Institution ◽  
Narrow Sense ◽  
Injured Person ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law

The paper examines the concept of recovery of harm caused by the crime under Russian law in comparison with the concept of compensation for harm under German law. The results of the comparative legal study represent characteristics of the legal regulation and disclosure of the content of recovery and compensation for harm caused by a crime under the legislation of the Russian Federation and Germany, as well as the problems related to restrictions associated with compensation of harm in a narrow sense and recovery of harm under German Law. In Germany, the law provides for the legal institution of compensation of harm to the injured person by the person who committed a criminal act, which envisages its comprehensive legal regulation in specific provisions of criminal and criminal procedure laws. Legal regulation of recovery of harm in the Russian Federation is still unsettled due to the fact that recovery of harm is a mandatory element of various legal institutions (for example, termination of the criminal case due to active repentance, reconciliation of the parties, imposition of a judicial fine or circumstances mitigating the sentence, etc.). To determine the content of the harm caused by the crime, it is necessary to refer not only to the text of the law, but also to the legal acts of the Plenum of the Supreme Court of the Russian Federation with due regard to the article defining the contents of recovery of harm caused by the crime. Under German law, compensation for the injured person by a person who committed a criminal act is used in two senses: narrow and broad ones, including recovery. The paper presents the criteria that allow us to limit these forms of response to the crime committed, as well as the content of compensation for harm in a broad sense.

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 Main Trends in the Development of Russian Law on Non-Profit Organizations

2020 ◽  
Vol 7 (3) ◽  
pp. 81-103
Author(s):  
A. Avtonomov ◽  
V. Grib
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Federal Law ◽  
Non Profit ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law ◽  
The Government ◽  
The Right

The article is a comparative study of legal regulation on non-profits in the Russian Federation by federal law, including the Constitution, federal statutes, decrees of the President of the Russian Federation, resolutions of the Government and Constitutional Court rulings in connection with certain international legal acts dealing with the right to association, and by the law of the constituent entities of the Russian Federation. The main stages of the development of the law on non-profits both at the federal level and at the level of the constituent entities of the Russian Federation, as well as the main trends in the development of non-profit law in modern Russia, are explored.

scholarly journals On the Problems of Using Term «Fitness» in the Legislation of the Russian Federation

2020 ◽  
pp. 5-7
Author(s):  
Ekaterina Kovalenko ◽  
Nadezhda Tydykova
Keyword(s):  
Russian Federation ◽  
Physical Training ◽  
Legal Regulation ◽  
General Term ◽  
Fitness Center ◽  
Sports Organizations ◽  
New Concepts ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law

The article centers on the study of new concepts in the legislation of the Russian Federation on physical training and sports. The authors analyze the concept of «fitness center», whichhas appeared in the legislation quite recently. There have arisen doubts about the rationale for its use among the variety of many similar terms that are actuallyemployed, which creates difficulties in determining their correlation. It has been noted that the term «fitness» has no conventional meaning and is not traditional for Russian reality. Another option is proposed to regulate the operation of physical training and sports organizations, the purpose of which is to provide citizens with services of physical training and physical development. In the approach proposed by the authors, the text of the law should contain a general term to unify names of such organizations. Under this approach, the term «fitness center» is unnecessary. The authors have not found any reasons for introducing the term «fitness» into the text of the Russian law, although they do not exclude their appearance in the future. Many practical problems have been noted that arise due to the lack of high-quality legal regulation of the activities of organizations that provide citizens with physical training and physical developmentservices. The authors come to the conclusion that the main problem is not the name of such organizations, but the contents of the regulation of their activities. The necessity of legislative clarification of such terms as «crossfit», «aqua fitness», «fitness aerobics», «body fitness», «fitbox» and some others is analyzed. The authors note that their indtoduction  intothe text of a normative legal act is possible in order to set the rules for a particular sport or instructions for coaches, orin other similar documents. Simple placing of terms and their definitions in the text of the law is perceived as inappropriate.

scholarly journals Legal Means of the Prosecutor: Problems of Understanding, Application, and Legal Regulation

2018 ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Studies ◽  
Key Concepts ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law

The Russian Prosecutor’s Offie carries out its activities in the main areas stipulated by the Federal Law «On the Prosecutor’s Offie of the Russian Federation». Despite the specifis of each of these areas, the work of the Prosecutor’s Offie here is characterized by actions of prosecutors provided by law and carried out in the manner prescribed by law. These actions can be described as legal means of the prosecutor aiming at maintenance of legality. Nevertheless, there is no defiition of legal means of the prosecutor in the Russian legislation. Academic approaches to understanding this institution vary considerably as well. The article aims to analyze the scholars’ views on the legal means of the prosecutor, to give its defiition and to classify it. The authors point out that in the Russian law and legal studies there is a lack of unity of understanding key concepts such as powers of the prosecutor, legal means of the prosecutor, and legal means of the prosecutor’s response. The article discusses the topical issues of the concept and essence of the legal means of prosecutors used in supervision over the implementation of laws and non-supervisory functions of the prosecutor’s offie; means of detecting violations of the law; legal means of prosecutorial response to identifid violations of the law; acts of prosecution response; problems of the powers of the prosecutor in exercising supervisory and non-supervisory functions, rights and opportunities of the prosecutor; principles and characteristics of the legal means of the prosecutor, including the means of identifying violations of the law and the means of the prosecutor’s response to the violations of the law, classifiation of legal means. Recommendations on improving the Russian legislation are given.

scholarly journals Legality and Validity of Property Seizure in the Investigation of a Criminal Case

Lex Russica ◽  
2021 ◽  
pp. 118-126
Author(s):  
O. A. Malysheva
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Constitutional Court ◽  
Legal Institution ◽  
Procedure Code ◽  
First Case ◽  
The Supreme Court ◽  
Civil Lawsuits ◽  
The Russian Federation

The importance of the measure of procedural coercion in the form of seizure of property increases against the background of the high amount of damage caused by crimes, namely about 550 billion rubles annually. This measure of procedural coercion has a high security potential in order not only to satisfy claims in civil lawsuits, but also to recover a fine and other property claims provided for in Part 1 of Article 115 of the Criminal Procedure Code of the Russian Federation. Investigators (interrogators) annually initiate the seizure of property about 40 thousand times. 90% of cases are a success. The application of this measure is accompanied by the restriction of the property rights of both natural and legal persons, including those who are not recognized as a civil defendant in a criminal case, in the first case, and the accused (suspect).The seizure of property in criminal procedure practice is accompanied by the need for the investigator to overcome a number of difficulties, which are caused, firstly, by the intersectoral nature of the regulation of this legal institution; secondly, by the presence of gaps in the regulation of relations arising in connection with the imposition of this arrest; thirdly, by the inconsistency of the objectives of proof to establish the nature and amount of damage caused by a crime and the implementation of security activities in a criminal case. This gives rise to numerous violations of the legality and validity of the seizure of property on the part of not only the investigator, but also the court, despite the expression of a number of positions of the ECHR on this issue, despite the explanations of the Constitutional Court and the Supreme Court of the Russian Federation.The author concludes that without the release of the investigator as a subject of proof in a criminal case from performing an unusual function — providing compensation for property penalties in a criminal case — it is impossible to achieve the full legality and validity of the seizure of property.

Constitutional control in the subjects of the Russian Federation: how it can be after the abolition of constitutional (statutory) courts

2021 ◽  
pp. 65
Author(s):  
Vladimir A. Kryazhkov
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Reform ◽  
Legal Institution ◽  
The Status ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Creation ◽  
Statutory Control

The article is devoted to the problems of constitutional control in the subjects of the Russian Federation. The article examines its origins related to the formation and functioning of constitutional (statutory) courts at this level, reveals the reasons that did not allow the constitutional justice of the subjects of the Russian Federation to become a full-fledged state legal institution for 30 years. It is shown how, as a result of the constitutional reform, these courts were abolished, and a recommendation of the federal legislator appeared on the creation of constitutional (statutory) councils under the legislative (representative) state authorities of the subjects of the Russian Federation instead of them. The article analyzes the legal regulation of the organization and activities of such bodies in domestic and foreign practice. Taking this into account and based on the existing constitutional and legal possibilities, proposals are formulated on the status of these councils (their nature, the procedure for their formation and work, powers and decisions), which allows them to be an effective body of constitutional (statutory) control in the subjects of the Russian Federation.

DIRECTION OF THE CASE ON JURISDICTION: PROBLEMS OF LEGAL REGULATION AND FEATURES OF PROCEDURAL REGISTRATION

2021 ◽  
Vol 11 (3) ◽  
pp. 293-315
Author(s):  
D.Yu. VORONIN
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Appellate Courts ◽  
Judicial Practice ◽  
Wide Range ◽  
The Supreme Court ◽  
Universal Approach ◽  
Arbitration Procedure ◽  
The Russian Federation ◽  
The Difference

The paper presents a research of the new legal regulation for such an institute in relation to a regional and equal court, as the referral of a case received in accordance with part 4 of Article 39 of the Arbitration Procedure Code of the Russian Federation to a court of general jurisdiction, which is in jurisdiction to hear a case as it is assigned by law. The absence of procedural legal regulation of this action, which is, in author’s opinion, has an obvious procedural nature, and researched practice general jurisdiction courts demonstrate the uncertainty in implementation of the considered reform. The author analyzes the new procedural institution on the basis of his own vision of a number of procedural norms, as well as scholar works and historical experience. In particular, the author reasoning that the courts are to issue special rulings on the referral of cases received from arbitration to the courts of general jurisdiction. Moreover, the author considers the mechanism for adopting such a judicial act. The article presents a wide range of practical examples of the implementation of considered provision, as well as the difference in the approaches of the appellate courts to assess these implementation practice. In conclusion, the article presents the proposals for further improvement of the regulation of considered issue. Most likely such an improvement will be impossible without the universal approach established by the Supreme Court of the Russian Federation. Such improvements should result in uniform judicial practice, as well as further developments of procedural legislation.

Problems of ECHR Decisions Implementation into Domestic Law

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Татьяна Шуберт ◽  
Tatyana Shubert
Keyword(s):  
Russian Federation ◽  
Systematic Approach ◽  
Legal Regulation ◽  
European Court ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government ◽  
Domestic Law

The article examines the ECHR legal nature and types of its decisions, analyzes the activities of the Government of the Russian Federation and the RF Ministry of Justice on the implementation of the European Court of Human Rights’ judgments. The author notes the role of the Plenum of the Supreme Court of the Russian Federation in ensuring uniform application of the Convention and Protocols thereto, ratified by the Russian Federation, by the courts of general jurisdiction. The author analyzes reasons for slow and incomplete implementation of the ECHR decisions, and comes up with the measures for their implementation. The article discusses peculiarities of the execution of the ECHR judgments in the Russian Federation: mechanistic execution of the decisions, lack of a systematic approach to the legislation analysis, absence of identification of causes for non-compliance of the regulations with the Convention on Rights of Man and Citizen, lack of coordination between bodies executing the ECHR decisions, inadequate budgetary procedures and lack of funds. The author proposes to analyze structural and general deficiencies in the national law and practice with regard to the ECHR decisions; provides recommendations to improve the mechanism for the judicial decisions’ implementation; determines lines of development for legal regulation of relations in the field of ECHR judgments’ implementation in the Russian legislation.

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