scholarly journals The Concept of Import of Goods in the Context of Customs Procedures

2021 ◽  
Vol 16 (1) ◽  
pp. 64-70
Author(s):  
S. N. Ovchinnikov
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Russian Federation ◽  
International Agreements ◽  
Economic Community ◽  
Judicial Practice ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union ◽  
Definition Of

The paper, based on comparative analysis of the legislation of the Russian Federation and acts of the Eurasian Economic Union, examines the legislative definition of the concept of import of goods, different approaches to understanding of the concept under consideration. The legislator’s definition of imports as importation of goods without the obligation to re-export them is not entirely consistent with the description of customs procedures in customs legislation, which gives rise to problems in law enforcement. In particular, the importation of alcoholic products by duty-free shops is considered as imports, which results in the requirement to obtain a license for the purchase (import) of alcohol products. The author highlights the discrepancy between this requirement and the law of the Eurasian Economic Community and the lack of uniformity of judicial practice on this issue. Conflicts of this kind in accordance with the Constitution of the Russian Federation and the Customs Code of the EAEU should be resolved in favor of international agreements. It is proposed to exclude the obligation to obtain a license to import alcohol products for duty-free shops.

scholarly journals Cryptocurrency regulation in the BriCs Countries and the eurasian economic union

2019 ◽  
Vol 6 (1) ◽  
pp. 63-81 ◽  
Author(s):  
M. Chudinovskikh ◽  
V. Sevryugin
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Brics Countries ◽  
Judicial Practice ◽  
Eurasian Economic Union ◽  
Legal Method ◽  
The Russian Federation ◽  
Economic Union ◽  
The Republic ◽  
Liberal Approach

This article presents the results of a comparative analysis of the legislative approaches to the regulation of cryptocurrencies in the BRICS countries and the Eurasian Economic Union. During the analysis, regulatory legal acts and draft laws, including material on judicial practice, of the Russian Federation, China, India, Brazil, the Republic of South Africa, the Republic of Belarus, Kazakhstan, Kyrgyzstan and Armenia were studied. The use of a comparative-legal method makes it possible to develop recommendations about the development of legislation on the circulation of cryptocurrencies within the BRICS countries. The assessment of the experience of EEU countries, and especially that of the Republic of Belarus, has great importance since the Russian Federation is a member country of both the EEU and BRICS. Comparative analysis was achieved by taking into account such key points as the existence of a regulatory framework, regulation of transaction taxation and counteracting the legalization of profits from crime. The results of the analysis are presented for each country separately and then systematized in the form of an analytical table. Based on the analysis, three approaches to the regulation of cryptocurrencies are identified: conservative, liberal and neutral. The study of the experiences of the BRICS and EEU countries allowed the authors to conclude that these countries need to formulate similar requirements for the regulation of cryptocurrencies so as to avoid the migration of investment and capital to other countries which have a more liberal approach.

scholarly journals Coercion to Sexual Acts: Issues of Interpretation and Application

Lex Russica ◽  
2021 ◽  
pp. 54-66
Author(s):  
K. V. Dyadyun
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Sexual Crimes ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation ◽  
Cis Countries ◽  
The Moment ◽  
Definition Of

The paper analyzes the features of the regulation of objective and subjective characteristics of the elements of the crime under Art. 133 of the Criminal Code of the Russian Federation, their influence on application of the aforementioned norm. The paper examines the category of "compulsion", the concept of "other sexual actions", their correlation with the definition of "sexual harassment". The paper resorts to legal and etymological approaches to the understanding and content of these terms, gives recommendations for improving the legislative and law enforcement practice in this area. The author analyzes the approach to the interpretation of the content aspects of compulsion—encouragement/compulsion. The issue of the moment of the end of the criminal act under consideration (process/result) is examined. The author determines and substantiates deficiencies in the regulation of methods of coercion to actions of a sexual nature. The concept of "dependence" in the considered area, its relationship with the state of helplessness is investigated. The essential and substantive characteristics of the threat as a method of coercion to sexual actions (criteria and their interpretation) are analyzed. Also, the author examines the issue of qualifying characteristics of the elements of the crime under Art. 133 of the Criminal Code of the Russian Federation and problems of interpretation of the characteristics of the subject matter, motives and purpose of this act. The complexity of the delimitation of the aforementioned criminal act from an insignificant offense, a moral offense, an administrative offense, and related crimes are indicated. The author also analyzes the issue of qualification of the act under Art. 133 of the Criminal Code of the Russian Federation and its impact on its relationship with violent sexual crimes. The paper presents an analysis of the legislation of the CIS countries on the issue under consideration and provides for historical summary about the evolution of the domestic legislative approach in the aforementioned area. The determinants of law enforcement problems are identified and indicated. Conclusions and recommendations are based on the study of judicial practice, researchers’ opinions, the RF Supreme Court standing, the rules applied to qualify criminal acts.

scholarly journals On the harmonization of anti-terrorist legislation norms

2021 ◽  
Vol 2 (12) ◽  
pp. 86-90
Author(s):  
A. V. SAVINSKY ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Federal Law ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Terrorist Activity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Definition Of

Measures are being taken in Russia to improve anti-terrorist legislation, with special attention paid to increasing the counter-terrorism potential of the Criminal Code of the Russian Federation. However, the current anti-terrorism regulations are not without drawbacks. Thus, terrorist activity is interpreted differently in Art. 3 of the Federal Law "On Countering Terrorism" and Art. 205.2 of the Criminal Code of the Russian Federation, which leads to contradictory investigative and judicial practice. The solution is seen in the unification of the definition of terrorist activity and the definition in the wording of the Criminal Code of the Russian Federation looks preferable. It is noted that the legal support for the operational penetration of law enforcement agencies into terrorist structures does not meet the requirements, since the norm of Part 4 of Art. 18 of the federal law "On operational-search activity" (contains an operational-search basis for active repentance) remains inoperative due to the lack of its incorporation into the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation. The article formulates additions to these codified federal laws, which will legitimize the operational-search basis for active repentance.

scholarly journals Features of Mental Elements of Bribery Facilitation

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Vadim Zamaraev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Factors ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Social ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Definition Of ◽  
Criminal Legislation

The article provides a description of relevant features of the mental elements of the crime regulated by Article 291.1 of the Criminal Code of the Russian Federation. The paper also examines the general actor of the specific corruption act by applying a criminological approach and analyzing the empirical base for this category of criminal encroachment. The author researches the "physical" and "intellectual" bribery facilitation ways defined in the literature. Detailed attention is paid to optional features of the mental elements of mediation in bribery, such as: "motive" and "purpose" of the crime. The author proposes his definition of the mental elements of mediation in bribery, and provides the list of the social factors that influence the commission of a crime under Articles 291.1 of the Criminal Code of the Russian Federation having studied law enforcement practice and interviewed representatives of the general population of the Russian Federation. The results of this study can be used for further improvement of the criminal legislation of the Russian Federation, in terms of amendments and additions to the qualifying factors of bribery facilitation and the introduction of appropriate explanations in the current resolution of the Plenum of the Supreme Court of the Russian Federation No. 24 of 09 July 2013 "On judicial practice in cases of bribery and other corruption-related crimes".

Technical inspection of vehicles in Russia according to international agreements with the participation of Russia

Trudy NAMI ◽  
2021 ◽  
pp. 22-29
Author(s):  
B. V. Kisulenko
Keyword(s):  
Russian Federation ◽  
National Level ◽  
International Agreements ◽  
Practical Significance ◽  
Inspection System ◽  
Technical Inspection ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union ◽  
Technical Regulations

Introduction (problem statement and relevance). In connection with the development of the vehicle technical inspection system in the Russian Federation, it is relevant to compare the requirements for vehicles, which Russia supports, in the international agreements and at the national level.Methodology and research methods. The analytical method is applied.The purpose of the study was to analyze the current state of safety requirements for vehicles during regular technical inspections in the Russian Federation, that is UN Regulations annexed to the Vienna Agreement of 1997, and the technical regulations of the Eurasian Economic Union “On the safety of wheeled vehicles”.Scientific novelty and results. The scientific novelty results in the analysis which shows that the 1997 Vienna Agreement documents introduce a level classification of defects discovered during the technical inspection, but the existing uncertainty of the defect interpretation can cause a conflict between the inspector and the owner of the inspected vehicle. In contrast to these documents, the diagnostic card of the technical inspection in Russia sets the requirements out clearly and unambiguously, which excludes their ambiguous interpretation.Practical significance. The research results can be used to improve the technical regulations of the Eurasian Economic Union in the field of automobiles and to develop national legislative acts of the Russian Federation in this area, as well.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

On the Problems of Acts Qualification as Violations of Antimonopoly Legislation in Administrative and Judicial Practice

2020 ◽  
Vol 10 ◽  
pp. 62-69
Author(s):  
К. А. Pisenkо ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Judicial Practice ◽  
Illegal Acts ◽  
The Russian Federation ◽  
Definition Of

The article is devoted to defining the main approaches to classifying acts as violations of аntimonopoly legislation. On administrative and judicial practice discusses current issues and problems of definition of illegal acts, both from the point of view of antimonopoly regulation, and the delineation of antimonopoly violations and violations of other mandatory requirements established by the legislation of the Russian Federation.

scholarly journals Problems of the preliminary customs informing system and the introduction of the Single Window at the sea check points of the Russian Federation

2018 ◽  
Vol 239 ◽  
pp. 04004 ◽  
Author(s):  
Svetlana Maydanova ◽  
Igor Ilin
Keyword(s):  
Developing Countries ◽  
International Trade ◽  
Russian Federation ◽  
International Organizations ◽  
International Standards ◽  
Eurasian Economic Union ◽  
Check Points ◽  
The Russian Federation ◽  
Economic Union ◽  
National Governments

The Single Window concept in the international trade and logistics has been explored by international organizations and national governments over the last two decades. International standards and recommendations, government decisions on this approach are widespread today in both developed and developing countries. Similar decisions and legal acts were implemented during the last ten years by the Russian Federation, as a member of the Eurasian Economic Union. This article provides overview of the following coherent stage – the implementation of preliminary customs informing system at sea check points of the RF with concerns of the Single Window introduction.

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