scholarly journals Application of the Principle of Increased Tolerance of Public Persons to Criticism Addressed to Them in the Russian Federation

2019 ◽  
pp. 29-34
Author(s):  
E. V. Loos
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
Freedom Of Expression ◽  
European Court ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law ◽  
The Right ◽  
Official Status

The article discusses the legal and philosophical aspects of the application in the Russian Federation of the principle of increased tolerance of public persons to criticism addressed to them established by the European Court of Human Rights. The author believes that the principle in question contradicts Article 19 of the Constitution of the Russian Federation that guarantees equality of human and civil rights and freedoms regardless of property and official status, membership in public associations, as well as other circumstances. The author has questioned the appropriateness of the introduction of the principle of increased tolerance in Russian law enforcement practice, since it does not contribute to the realization of the “spirit of the law,” while leading to unnecessary accumulation of the law. It is noted that the question of the balance between the right to freedom of expression and opinion and the right to protection of the honour and dignity of the person in the process of criticism of public persons and their activities cannot be settled exhaustively in the legislation as it affects the sphere of morality.

scholarly journals MEDICINES: CONSTITUTIONAL AND LEGAL REGULATION ON RESTRICTION OF THE PROPERTY RIGHT CONCERNING TECHNOLOGY TRANSFER SUBJECTS AND THE RIGHT TO CONDUCT ENTREPRENEURSHIP ON IMPORT OF MEDICINAL PRODUCTS IN CONDITIONS OF CONFLICT AND TEMPORARY OCCUPATION

2021 ◽  
pp. 6-13
Author(s):  
Юрій Бисага
Keyword(s):  
Technology Transfer ◽  
Russian Federation ◽  
Legal Regulation ◽  
Democratic Society ◽  
Medicinal Products ◽  
Public Values ◽  
European Court ◽  
The Russian Federation ◽  
The Law ◽  
The Right

  The purpose of this article is to identify the features of restriction of ownership on the subjects of technology transfer regarding production of medicines and the right to run business on the import of medicines in conditions of conflict and temporary occupation. The methodological basis of the conducted research is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc. When determining the legitimate purpose of restriction, it is necessary to apply the principle of proportionality, which is the concordance of measures applied to the above entities in order to limit the exercise of their rights with those public values that are protected by such restriction. On the procedural level, the State having realized the right for withdrawal has to comprehensively inform the General Secretary of the Council of Europe as for the measures taken and the reasons for them, as well as the time when those measures have ceased to apply and the provisions of the Convention are profoundly applied again. As the case law of the European Court of Human Rights shows, the derogation from the obligations under the Convention must have territorial and temporal specifications. The following features of the constitutional and legal regulation of restriction of property rights for subjects of technology transfer to the production of medicines are revealed: 1) restrictions on the implementation of these rights should be provided by the law, which must meet the following requirements: clarity, accuracy, accessibility; 2) the measure is a temporal one; 3) the range of entities in respect of which it is applied to are the subjects of technology transfer being residents of the aggressor country; 4) legitimate purpose of implementation is protection of public values (national security, life and health of persons staying on the territory of Ukraine, territorial integrity, etc.); 5) necessary in democratic society. The following features of the constitutional and legal regulation of restrictions on the right for running business activities regarding import of medicines during conflict and temporary occupation of the part of the territory of Ukraine by the Russian Federation are revealed: 1) restrictions on the exercise of these rights are provided by the Law of Ukraine “On Foreign Economic Activity” from 04.07.2017 №18.1-07/18369, which meets the following requirements: clarity, accuracy, accessibility; 2) the measure is temporal one; 3) the range of entities in respect of which it is applied to is addressed to the applicants of medicinal products, alternative and/or potential manufacturers, applicants-holders of registration certificates of which are the subjects of the Russian Federation; 4) legitimate purpose of implementation is protection of life and health of persons staying on the territory of Ukraine in connection with the impossibility of providing Ukraine with proper control over the quality of production of medicines within the Russian Federation; 5) necessary in democratic society.    

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 Extremism. Juridical Abstraction. Problems of Demarcating the Freedom of Expression

2019 ◽  
Vol 13 (4) ◽  
pp. 629-640
Author(s):  
Vladimir Suchkov ◽  
Vladimir Filonov
Keyword(s):  
Russian Federation ◽  
Negative Impact ◽  
Freedom Of Expression ◽  
Local Level ◽  
Constitutional Court ◽  
National Courts ◽  
The Russian Federation ◽  
The Law ◽  
Definition Of ◽  
The Right

The authors examine the juridical idea of extremist used in the criminal law of the Russian Federation. This work is an attempt to solve the problem of differentiating between this concept and the freedom of expression. The establishment of boundaries and limits of these phenomena is important for both lawmakers and law enforcers. The authors use the attributes of the phenomenon of «extremism» in an attempt to understand its form and contents. To achieve this, they analyze views on different scholars on extremism, the law and its amendments, clarifications of the highest court authorities of the country regarding the object of this research, and study the doctrinal practice of experts – linguists and psychologists. They synthesize the discovered meanings of extremism and identify its features. The obtained information allowed the authors to conclude that the definition of extremism formulated in the law is not precise, it lacks clear boundaries and, at the categorial level, could be viewed as an abstract concept. This concept, incorporated in the law, has a negative impact on the quality of the law and impedes the right choice of interpretation by national courts. The fuzziness of legal prescriptions has not yet been eliminated by the Constitutional Court of the Russian Federation and the law enforcement practice of the Supreme Court of the Russian Federation. All this creates endless opportunities for interpreting the law at the local level. The authors present disturbing statistics that show a tremendous growth in the number of offences in this area in recent years. They believe that the cause of the problem is the above-mentioned law that allows excessive interpretation by the law enforcer. The presented research deals with the bottlenecks of constitutional law as it analyzes the freedom of expression with its boundaries and limits. The authors discuss the conflict of constitutional and criminal laws from the viewpoint of enforcing specific law clauses. The research includes constructive criticism of the instruments used by experts (linguists and psychologists) who perform their tasks for criminal cases and materials on speech goals, which belongs to the domain of criminalistics. The authors present their own vision of this problem based on the opinion of scholars, historical experience and court practice.

Legal Remedies of Prosecutor’s Supervision in Places of Forced Isolation from Society

2021 ◽  
pp. 93-100
Author(s):  
Oleg V. Voronin ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Prosecution ◽  
Legal Remedies ◽  
Traditional Remedies ◽  
The Russian Federation ◽  
The Law ◽  
The Right ◽  
High Degree ◽  
Goals And Objectives

The concept “legal remedies of prosecutor’s supervision” includes the powers of the prosecutor, acts of prosecutor’s supervision, as well as the procedure for their implementation, which is the methods of their application. The legal remedies of prosecutor’s supervision have a high degree of normative regulation and a more complex content of the main elements. Their implementation is regulated by both the Law on the Prosecutor’s Office and other specific laws. While superficially similar to the traditional remedies of prosecutor’s supervision, they are designed for immediate execution and serve as a form of implementation of the prosecutor’s powers, including the administrative ones. The prosecutor’s powers are understood as the totality of the rights and duties of the prosecutor granted to them by the Law on the Prosecutor’s Office and other federal laws for the implementation of the functions and for the achievement of the goals and objectives assigned to the prosecutor’s office. Traditionally, all powers of the prosecutor are divided into two main groups: general (exercised in all areas) and special (used in certain areas of prosecutor’s activities). Acts of the prosecutor’s response are documented law enforcement decisions of the prosecutor; they contain a legal assessment of the state of legality in each specific case, as well as the requirements of the prosecutor arising from their powers and aimed at ensuring the legal state of the supervised environment. From the acts of the prosecutor’s response, acts of prosecutor’s supervision are separately distinguished; they serve as a form of implementation of the exclusively supervisory function of the prosecutor’s office: protest, presentation and warning. Article 33 of the Law on the Prosecutor’s Office establishes that when exercising prosecutor’s supervision over the legality of compulsory isolation, the prosecutor makes protests and proposals, orders for release, and initiates proceedings on administrative offenses. If signs of a crime are found, the prosecutor sends the investigative jurisdiction materials to decide on the criminal prosecution of the perpetrators. The issuance of special acts of the prosecutor’s response when exercising supervision over the legality of forced isolation is provided for by the Code of Criminal Procedure of the Russian Federation, the Penal Code of the Russian Federation, and the Law on Detention. Special acts include the prosecutor’s resolutions on release from places of compulsory isolation, on exemption from serving illegally imposed disciplinary sanctions, consents and sanctions. In addition, within the framework of these activities, the prosecutor is also guided by the general provisions of the Law on the Prosecutor’s Office and has the right to issue other acts of prosecutor’s supervision and response if there are appropriate grounds.

scholarly journals House Arrest of the Accused (Suspect): Full Isolation and the Right to Walk

2020 ◽  
pp. 43-46
Author(s):  
Valentina N. Gaponova ◽  
◽  
Varsenik A. Vinogradova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Preventive Measures ◽  
Preventive Measure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
House Arrest ◽  
The Russian Federation ◽  
The Law ◽  
The Right

The article analyzes the changes in the legal regulation of the house arrest and the practice of its imposition. Particular attention is given to the controversial issue of the right of the accused under house arrest to leave the premises for a walk. The authors note that the Normative Transformation of House Arrest, which brought it closer to detention, set the law enforcement task to overcome the established stereotypes in the interpretation of specific provisions related to the essence of this preventive measure. First, it concerns the “regime” of isolation, specifically, the possibility of the accused to take walks. Today, when the house arrest implies ultimate isolation of the accused with the right to live in their home, the court’s permission for the accused to leave the place of residence is not based on the law. The authors conclude that the positive decision of the court is permissible only because of applying the law by analogy. At the same time, it is necessary to take into account the legal positions of the Constitutional Court of the Russian Federation on the responsibility of the state to take care of the health of persons whose possibilities in this part are limited due to the election of preventive measures with isolation from society.

scholarly journals Legal regulation of the law enforcement function of the Federal service of the National guard of the Russian Federation as one of the main elements of the system of activities of the created executive body

2021 ◽  
pp. 147-150
Author(s):  
Lyudmila Garnik
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
National Guard ◽  
Legal Regulation ◽  
Legal Provisions ◽  
Executive Authority ◽  
The Russian Federation ◽  
The Law ◽  
Executive Body

In the article, the author analyzes the legal provisions governing the law enforcement function of the Federal Service of the National Guard of the Russian Federation (Rosgvardia), as one of the significant areas of activity of the created executive authority, designed to carry out state and public security, protection of human and civil rights and freedoms. The analysis of legal acts, according to the author, will allow the identification of unresolved issues at the legislative level and will contribute to the formulation of new proposals to improve the activities of Rosguard units.

scholarly journals Procedural Independence of the Court: the Thorny Way from Communist Myths to the Objective Reality of Russian Justice

2019 ◽  
Vol 6 (1) ◽  
pp. 38-48
Author(s):  
Nikolay Nikolaevich Kovtun
Keyword(s):  
Russian Federation ◽  
Constitutional Principle ◽  
Current State ◽  
European Court ◽  
Administration Of Justice ◽  
Full Independence ◽  
The Russian Federation ◽  
The Law ◽  
The Right ◽  
Judicial Protection

In the context of substance and consequences of the constitutional principle of the court’s independence the author through the analysis of the final acts of judicial power (judicial precedents and acts of judicial interpretation of law, objectified as the resolution of the plenum) probes the current state of Russian justice alleged to be in whole has perceived and effectively implements the main elements of this fundamental idea. The author as the final conclusions of the consummated analysis on the contrary states the growing condition of legal uncertainty in the studied branch of state activity, the origins and real reasons of which, first of all, are in the apparent duality of legal positions and the final acts of the administration of justice on the same subject; in the full «independence» of a court in the administration of justice from the literal dictates of the law, acts of constitutional justice and acts of the European Court of human rights, the interpretative positions of the Plenum of the Supreme Court of the Russian Federation, from own rules-precedents which are designed to be the standards of application the law for conflict law situations. Above doesn’t agree with the essence and content of the idea of procedural independence of a court, but also clearly grades the fundamental and universally recognized idea of the supremacy of law, its certainty. Turning to the institution of judicial protection and justice as a constitutional function of a court, the parties initially have the right to depend on the legal nature of the activities of a court, normative base and, properly, predictability of the final acts of the administration of justice and not from factors of ideological, political, subjective nature which are taken to the attention of «independent», powerfully protected court. Only on this objective base interested parties will objectively perceive justice as a real and effective element of forming the legal state and civil society in the Russian Federation.

scholarly journals SOME ASPECTS OF THE PROTECTION OF CIVIL RIGHTS OF REAL ESTATE ASSOCIATIONS

2020 ◽  
pp. 168-185
Author(s):  
Anna V. Pushkina ◽  
◽  
Tatyana S. Sayapina ◽  
Keyword(s):  
Civil Rights ◽  
Real Estate ◽  
Russian Federation ◽  
Civil Code ◽  
General Nature ◽  
Third Way ◽  
Legal Form ◽  
The Russian Federation ◽  
The Law ◽  
The Right

Today, consideration of ways to protect the civil rights of various subjects of civil law relations is of particular importance in civilist studies. One of the results of the reform of civil legislation on legal entities in 2014 was the emergence of a new legal form of organization -partnership of property owners. Therefore, it is important to consider in detail the main ways to protect the civil rights of this legal entity. It is not possible to consider all ways of protecting civil rights in one article. In this con-nection, only some of the most common methods of protecting the civil rights of real estate partnerships have been investigated, namely: recognition of the right; restoration of the posi-tion that existed before the violation of the right and suppression of actions that violate the right or threaten to violate it; invalidation of the transaction and application of the consequences of its invalidity, application of the consequences of a void transaction. The method of protection, such as recognition of the right, is often used by real estate as-sociations. And in this method, both an application for recognition of a right to be present and an application for recognition of a right to be absent are possible. The question of the applica-bility of the statute of limitations to this method is a matter of discussion. It seems that in most cases it is possible to apply the statute of limitations to claims for recognition of a right. The general nature of this method was revealed by examining the restoration of the situa-tion that existed before the violation of the right and the prevention of actions that violate the right or threaten to violate it. Usually, when such demands are made, the courts ask to specify them. And only in rare cases where no other protective measures are applied, do the courts allow for the possibility of submitting a direct request to restore the situation that existed be-fore the violation of the right. The third way of protecting the civil rights of property associations was significantly changed in 2013. Thus, the rule of Article 168 of the Civil Code of the Russian Federation on the nullity of a transaction that does not comply with the law has been fundamentally re-formed, unless the law establishes other consequences. Such a transaction is now considered void. The possibility of claims for invalidation of a void transaction has also been established by law. Previously, the courts allowed such claims, but in the doctrine the question of the possibility of such claims was debatable, since the Civil Code of the Russian Federation did not mention them.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

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