scholarly journals OBJECTS OF СONCESSION AGREEMENT: LAW ENFORCEMENT PROBLEMS AND WAYS TO OVERCOME THEM

2020 ◽  
pp. 146-152
Author(s):  
Т. P. Akhrem
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Norms ◽  
Brief Assessment ◽  
Judicial Practice ◽  
Definition Of ◽  
State Registration

The article offers an analysis of the legal norms of the current legislation regarding the definition of the objects of concession agreements. A brief assessment of the amendments to the Federal Law No. 115-FZ “On Concession Agreements” dated July 21, 2005, regarding the inclusion of information technology objects in the list of objects of concession agreements is given. The correlation of general and special norms at the conclusion of concession agreements in respect of several objects is considered. The position on the presence of a gap in legal regulation and the need to establish a list of cases at the level of a sub-legislative regulatory act giving reasons to evaluate the conclusion of a concession agreement for several types of objects for possible prevention, limitation or elimination of competition is substantiated. Peculiarities during the transfer of communal facilities by concession agreement regarding state registration of ownership of these facilities and the term for putting them into operation were revealed. On all issues considered, the author gives examples from judicial practice.

The legal regulation of service and combat activities of the security and defense sector of Ukraine in crisis situations

2021 ◽  
Vol 28 (2) ◽  
pp. 76-85
Author(s):  
Serhii V. Bielai ◽  
Oleksandr F. Kobzar ◽  
Ihor V. Yevtushenko ◽  
Vasyl Korniienko ◽  
Oleksandr V. Koba
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Law Enforcement Agencies ◽  
Special Operations ◽  
Legal Norms ◽  
Joint Forces ◽  
State Governance ◽  
Definition Of ◽  
Military Activity ◽  
Crisis Situations

The article states that nowadays situations in Ukraine shows that the theory of military activity of law enforcement forces needs a new development in the terms of settlement of armed confrontation in separate areas of Donetsk and Luhansk areas. Therefore, the issues of regulatory and legal support of law enforcement agencies in responding to crisis situations come to the fore. The analysis of normative legal acts shows that legal norms are not formulated clearly enough and ambiguously interpreted by law enforcement agencies. Therefore, it is necessary to refine the legislative mechanism for preventing and responding to crisis situations that threaten the national security of Ukraine. Therefore, the purpose of the research is to comprehensively reveal the essence and features of the legal regulations of combat operations of the security and defense sector of Ukraine in crisis situations and to develop specific practical recommendations, scientifically sound proposals for improving State governance in this field. In order to research the best practices of Ukraine on the functioning of Public mechanisms of response of the security and defense sector of Ukraine to crisis situations during the Anti-Terrorist Operation and the Joint Forces Operation in some districts of Donetsk and Luhansk regions, an expert survey of anti-terrorist security experts was conducted. The results of the survey provided an opportunity to identify the main problematic issues in the functioning of the anti-terrorist security system and provide appropriate development proposals. The State authorities today need to focus on improving the organization of management, establishing interagency cooperation between government agencies, increasing the level of pre-training of personnel, a clear definition of tasks for law enforcement units during special operations. Areas of further research will be aimed at developing State mechanisms of responding by the components of the security and defense sector of Ukraine to crisis situations

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 Circumvention of the Auction Procedure by Changing the Land Plot Provision Purpose

JURIST ◽  
2021 ◽  
Vol 4 ◽  
pp. 51-54
Author(s):  
Vyacheslav V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Developing Regions ◽  
Land Plot ◽  
Judicial Practice ◽  
New Construction ◽  
General Scientific ◽  
State Registration

Moscow is one of the most dynamically developing regions of Russia, in which a very significant role is played by the issues of management and disposal of city property, especially of land plots. Further development of the economy and urban economy entails the need to change the purposes for which a particular land plot is provided and used, which is formalized by the conclusion of the relevant additional agreements. The purpose of the article is to analyze and summarize legislation, judicial and law enforcement practice on the issue of concluding and state registration of additional agreements to existing land lease agreements, by which the purpose of their provision is changed from the operation of existing buildings to new construction or reconstruction. This goal is achieved by solving tasks such as studying the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflicting issues in the area under consideration, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practices. In solving the above problems, general scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used. Based on the results of the consideration of these issues, the author formulates the main problems of the legal relations under consideration, assesses the emerging judicial and law enforcement practice, and formulates proposals for improving legislation and law enforcement practice.

scholarly journals LEGAL REGULATION OF THE PROCEDURE FOR HANDLING CROSS-BORDER DISPUTES IN CIVIL MATTERS WITHIN THE EU

2019 ◽  
pp. 183-192
Author(s):  
V. V. VOYNIKOV
Keyword(s):  
Economic Integration ◽  
Legal Regulation ◽  
Access To Justice ◽  
Court Decisions ◽  
Legal Norms ◽  
Cross Border ◽  
Judicial Practice ◽  
Definition Of ◽  
The Eu

This paper is devoted to the consideration of certain aspects of legal cooperation in civil matters related to the determination of jurisdiction, recognition and execution of court decisions, as well as the definition of law to be applied when considering cross-border cases within the EU. At the EU level, an entire system of unified legal norms has been created governing the procedure for handling cross-border disputes in civil matters within the Union. At the same time, the EU’s goal is not to replace national procedural legislation with Allied acts, but to facilitate access to justice in civil cases of a cross-border nature in the context of close economic integration. The author analyzes the concept of «legal cooperation in civil matters», and also reveals its key elements. The paper highlights and examines in detail the four modes of consideration of cross-border cases within the EU, notes their features, as well as analyzes judicial practice.

scholarly journals Technically Sopisticated Goods in the Context of Consumer Rights when Defects are Detected in the Good

Legal Concept ◽  
2021 ◽  
pp. 19-26
Author(s):  
Natalia Ablyatipova ◽  
◽  
Anastasia Kravtsova ◽  
Keyword(s):  
Law Enforcement ◽  
Touch Screen ◽  
Legal Regulation ◽  
Wireless Devices ◽  
Special Group ◽  
Judicial Practice ◽  
Consumer Rights ◽  
Sales Contracts ◽  
Definition Of ◽  
Normative Justification

Introduction: currently, retail sales contracts are widely used, under which technically sophisticated goods are transferred to the property, which form a special group of goods and have the specifics of the legal regulation. Meanwhile, there is no legal definition of a technically sophisticated good, and there are no regulatory criteria for this legal category. In this regard, the authors set the goal: to summarize the approaches developed by judicial practice on this issue, to identify what normative justification of technical sophistication is used when including goods in the List of technically sophisticated goods. Results: the importance of qualifying a product as technically sophisticated is investigated, the problems of qualifying goods as technically sophisticated are identified, and the reasons for determining the category of wireless devices equipped with a touch screen, two or more functions, and the absence of similar devices without a touch screen in the List of technically sophisticated products are established. Conclusions: based on the analysis of the legislation and the materials of judicial practice, the problems of applying the List of technically sophisticated goods and the ambiguity of the law enforcement are identified. Based on the results of the work, the authors have developed the practical proposals and recommendations for improving the legislation.

Current state of the legislation system regulating the police activities

2019 ◽  
pp. 498-506
Author(s):  
Ilya Vladimirovich Emelyanov ◽  
Violina Aleksandrovna Subocheva
Keyword(s):  
Social Relations ◽  
Professional Training ◽  
Current System ◽  
Legal Regulation ◽  
Federal Law ◽  
Objective Reality ◽  
Legal Norms ◽  
Current State ◽  
Definition Of ◽  
Police System

The police effectiveness in modern Russia depends not only on the professional training of employees, their logistical support and other factors, but a large role belongs to the legal tools at their disposal. But in practice, a certain legal collision periodically arises – the problem of the discrepancy be-tween legal norms of objective reality or, in some cases, the complete ab-sence of legal regulation of a certain circle of social relations. Given this, the study of the legislation system regulating the police activities is particularly relevant. In this work, we evaluate the current system of legislation regulating the police activities. In addition, we suggest ways to improve the systemati-zation of departmental police regulations. Thus, we state that the existing significant number of regulatory legal acts of the police system and the scope of relations, which are regulated by departmental norms, determine the need for codification work. We suppose that the problems of the large number of departmental normative acts can be solved with the help of such systematic activity as consolidation, that is, combining several acts into one larger one without significant changes to the text. In this work, we propose a definition of the term “police”, which needs legislative consolidation in the Federal Law “On Police”.

scholarly journals Legal aspects of exercising discretionary authority of the prosecutor

2021 ◽  
pp. 17-25
Author(s):  
Artem Aleksandrovich Kovalev
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Special Contribution ◽  
Judicial Practice ◽  
The Social ◽  
Definition Of ◽  
Exercise Of Discretion ◽  
Discretionary Powers

The subject of this research is the materials of the prosecutorial, law enforcement and judicial practice, norms of procedural legislation and legislation on the prosecutor's office, which regulate social relations emerged in exercising discretionary powers by the prosecutor in the context of oversight activity over execution of laws by the entities under supervision, as well as the positions formed on this matter. The object of this research is the social relations that arise in exercising discretionary powers by the prosecutor in the context of his oversight activity over execution of laws by the entities under supervision, essence, principles and limits, as well as the problems of their implementation occurring in prosecutorial activity. The study of discretionary authority of government branches lately receives increasing attention due ti the fact that limitless exercise of such authorities can invoke corruptive behavior. Examination of the questions of legal regulation of discretionary authority of the prosecutor is of prime importance as the prosecutor's office oversights the execution of laws and observance of rights of the citizens. The existing legal constructs that allow the exercise of discretion by the prosecutor are far from perfect, which causes the problems of law enforcement and violations of rights of the subjects under supervision. Therefore, the author explored the views of the scholars on the possibility of application and the scope of discretionary authority in the work of the prosecutor’s office and other government branches, effective legislation that regulates the discretionary authority of the prosecutor along with the practical aspects of its use. The novelty of this work and the author’s special contribution consist in the fact that based on the obtained results, the author offers a definition of the discretionary authority of the prosecutor, principles and limits of their application, as well as the way the legal constructs involving such authority should be structured.

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 Evolution of Legal Regulation of Organization Issues in Terms of Providing Governmental and Municipal Services

2018 ◽  
Vol 9 (2) ◽  
Author(s):  
Inna Pulyayevskaya
Keyword(s):  
Legal Regulation ◽  
Municipal Services ◽  
Federal Law ◽  
Public Authorities ◽  
Legal Norms ◽  
The Public ◽  
History Of ◽  
Legal Space ◽  
The Subject ◽  
Definition Of

The system of legal regulation of the issues of granting governmental and municipal services in present-day Russia is being formed already after determining the main aspects of the public authorities functioning, which predetermines the peculiarities of the legal norms installing into the single composition of the single legal space. The article examines the history of adoption of the Federal Law No. 210-FZ of July 27, 2010 «On Organizing Provision of Governmental and Municipal Services» on the basis of the analyzing the texts of the draft law in three readings, the comments and the amendments to the draft law, as well as other sources. The purpose of analyzing the adoption history of the Federal Law No. 210-FZ, carried out in the article, is to identify the causes of arising the problems associated with its application in practice. The article examines the evolution of the name of the bill, later codified as Federal Law No. 210-FZ, as well as the subject of its legal regulation. The author identifies the causes and consequences of exclusion of a number of definitions from the draft law. The analysis of the provisions of the law in question shows the need for a legislative definition of the concept of «governmental (municipal) function».

Russian Anti-Extremism Legislation and Internet Censorship

2019 ◽  
Vol 46 (2) ◽  
pp. 158-186 ◽  
Author(s):  
Maria Kravchenko
Keyword(s):  
Law Enforcement ◽  
Hate Speech ◽  
Steady Increase ◽  
Federal Law ◽  
Web Content ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Russian Law ◽  
Internet Censorship ◽  
Definition Of

This article is focused on the enforcement of Russian anti-extremist legislation through web regulation. Russian law enforcement has shifted from a focus on preventing terrorist violence to a focus on prosecuting online hate speech and anti-authority rhetoric under current anti-extremist and anti-terrorist laws. The vague definition of extremist activity in federal law has been broadly interpreted by law enforcement agencies. Through the idea of public security, Russian law enforcement agencies have overestimated the threat of online content without regard for the context, audience, and impact of online statements. The result has been a steady increase in blocked access to web pages and sanctions on web users and providers. The article analyzes the legal norms pertaining to web content control, and details law enforcement practice and major trends. It also identifies the most common publications, people, and organizations targeted by Russian law enforcement for sanctions based on online statements.

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