scholarly journals Optimization of justice: administrative offense cases in Russia

2021 ◽  
pp. 145-154
Author(s):  
O. V. Pankova
Keyword(s):  
Legal Regulation ◽  
Judicial System ◽  
The Other ◽  
Social Significance ◽  
The Social ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
Simplified Procedure ◽  
Special Rights ◽  
Administrative Penalty

The article is devoted to the study of the problems of legal regulation of jurisdiction and jurisdiction of cases of administrative offenses in the light of the forthcoming reform of administrative tort legislation. The author shows how the issues of optimizing jurisdiction and jurisdiction in such cases are related to solving the problem of ineffectiveness in the administration of justice in the sphere of administrative-tort relations and restoring the systemic character of legislative regulation of administrative responsibility, establishing clear criteria for the distribution of cases of administrative offenses between judicial and non-judicial bodies, with one hand, and within individual links of the judicial system — on the other. Particular attention is paid to substantiating the need to establish a predominantly out-of-court procedure for considering cases of administrative offenses. At the same time, it is emphasized that the optimization of the administrative and jurisdictional activities of the courts should be associated with such factors as the social significance and direction of the unlawful act, as well as the severity of administrative punishment. In this regard, the appointment of administrative punishments in the form of a warning, deprivation of special rights and administrative expulsion in the form of an independent departure from the Russian Federation is proposed to be attributed to the exclusive competence of the executive authorities.With regard to an administrative fine, the author concludes that only in cases where the size of the fine is comparable to a more severe administrative penalty or the amount of increased fines established for crimes in similar areas of activity, its imposition should be attributed to the exclusive competence of the court.In certain cases, it is also proposed to introduce a simplified procedure for considering cases in the courts on the imposition of an administrative fine.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

Digitalization and protection of citizens' rights compulsory social insurance

2021 ◽  
pp. 398-401
Author(s):  
A.Yu. Gusev
Keyword(s):  
Social Services ◽  
Social Insurance ◽  
Legal Regulation ◽  
Insurance Fund ◽  
English Version ◽  
Social Insurance Fund ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Basic Approaches

The subject of this article was the issues related to the protection of the rights of citizens in the field of compulsory social insurance in the conditions of digitalization. It is shown that in order to ensure effective and safe conditions for the use of digital technologies, it is necessary to include universal basic approaches in the legal regulation. Specific examples of how the tasks of digitalization of social services in the field of social security are currently actively implemented by the social insurance Fund of the Russian Federation are given. English version of the article is available at URL: https://panor.ru/articles/digitalization-and-protection-of-citizens-rights-in-compulsory-social-insurance/71242.html

scholarly journals Procedural problems in cases of tax violations discovered in the course of tax audits (Article 101 of the Taxation Code of the Russian Federation)

2020 ◽  
pp. 46-57
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Statistical Analysis ◽  
Russian Federation ◽  
Social Relations ◽  
Document Analysis ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Empirical Material

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.

scholarly journals FEATURES OF LEGAL REGULATION OF ECONOMIC SECURITY IN RUSSIA

2018 ◽  
Author(s):  
Вера Шумилина ◽  
Vera Shumilina ◽  
Ольга Черкасова ◽  
Ol'ga Cherkasova
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Legal Regulation ◽  
Economic Security ◽  
The Other ◽  
The Russian Federation

Currently, the problem of ensuring the economic security of the country is quite relevant, as economic security is closely linked to national security, one category complements the other. This article will consider the features of the legal regulation of economic security in the Russian Federation, as well as concepts such as the economic security of the country and the mechanism of legal regulation.

scholarly journals ОБРЯДОВА ПРАКТИКА ЯК ЗАСІБ ЗБЕРЕЖЕННЯ КОЛЕКТИВНОЇ ПАМ’ЯТІ: УКРАЇНСЬКИЙ ВИМІР

2018 ◽  
pp. 57-71
Author(s):  
О. В. Богомолець
Keyword(s):  
Cultural Identity ◽  
Collective Memory ◽  
Group Identity ◽  
The Other ◽  
Ritual Practice ◽  
Social Significance ◽  
Public Attention ◽  
The Past ◽  
Other Hand ◽  
The Social

Developing the strategies for conserving and rendering the social experience, and hence the basis of group identity, was unchangeable corner stone for social outlook at all stages of social development. In the meantime, it is acquiring a special significance in recent years, primarily because the globalization substantially undermines the basics of national identity, thereby causing an increase of public attention to the problems of the collective, and above all, ethnocultural identity, the mechanisms of its reproduction and legitimation.These problems are especially topical for modern Ukrainian society, which, on the one hand, is the fruit of a civilizational split and, on the other hand, of the internal and external political elites manipulative policy and low living standards.To preserve its political boundaries, the society requires not only economic stability, but also new, more effective mechanisms and strategies for social consolidation. The latter, as shown by A. Bayburin and P. Conner, can effectively be provided by thoroughly developed or historically formed spectrum of typical behavior programs that regulate all spheres of human life in society, thus forming some socially significant norms. In other words, according to the above-mentioned researchers, it is stereotypical behavior that guarantees a community existence in time as some distinct ethnographic group.Оne of the most prominent examples of stereotyped behavior is ritual practice. Possessing the established set of behavior patterns, it is able to maintain the community’s accomplished image even when its proper values lose their social significance, but continue to exist as a habit. Thus, this work highlights the role of traditional ritual practice in the process of forming the modern Ukrainian identity. In particular, the idea is defended that ritual practice is not only an inseparable element of people’s collective memory, but also the means of forming the group identity, which is perfectly confirmed by Ukrainian family ritual practice’s pecularities.It is revealed that the timeless and expressive character of ceremonial actions has a decisive importance for preserving the group identity and the established social order. Despite of the irrecurring nature, which provides the connection to the past, it always means the beginning and the end at the same time. An illustrative example in this context may be wedding, maternity and economic ceremonies. All of them are permanent and repetitive transitions from one state to another. At the same time, ritual practice gives the sense to the whole spectrum of non-ritual actions, thus defining the future’s perspective.In general, the work considers ritual practice as a specific kind of the social one. It is characterized by the set of formalized and stylized symbolic actions of the community, usually aimed at preserving the established social or by means of forming certain ideas and feelings in a person. In the course of research work, it was emphasized that the formalized, stylized and, most importantly, the repeatable nature of the ritual practice, which manifests itself through commemoration of certain historical events, memorable days or heroes, ensures its clear intention to perpetuate the connection with the past. Thus, it plays an important role in the process of preserving the collective memory. On the other hand, the formation of the community’s value system is taking place, thus contributing to the preservation of its unity.Considering the consolidating significance of the ritual practice in terms of blurring the Ukrainian cultural identity, the studying and popularization of ritual practices seems to be important and promising, which would be accompanied by commemoration of their symbolic part. Such an activity could become a significant factor in the revival of the ethno-cultural identity of the Ukrainians and promote social consolidation

scholarly journals Internationalization and Multiple Discrimination: the Case of Employment Regulation

2017 ◽  
Author(s):  
Raimonda Bublienė
Keyword(s):  
European Union ◽  
Civil Society ◽  
Legal Regulation ◽  
The Other ◽  
Equal Treatment ◽  
Private Companies ◽  
Member States ◽  
The Social ◽  
And Migration ◽  
Employment Equality

The article analyses European Union anti-discrimination law development in Member States and differences between protected grounds of discrimination. On this basis, the analysis covers recognition of the social complexity, internationalization and discrimination of foreigners for different grounds. The process of internationalization and migration, covering social, political, economical, cultural, legal processes, the non-discriminatory protection of a foreigner as a member of the society has become complicated, when attempting not to discriminate people arriving from the other countries and to have equal possibilities. The problems of discrimination are valid and significant for the civil society itself. The article also discusses the concept of multiple discrimination in European Union anti-discrimination law, legal regulation and protection against multiple discrimination in Europe and separate legal regulation of the Member States. This article argues that internationalization processes bring new approaches of interpretation of European Union employment equality law and contemporary challenges, introduces recent cases of equal treatment of employees during employment at private companies.

scholarly journals LEGAL REGULATION OF THE COURT WITH THE PARTICIPATION OF JURORS AS A COMPONENT OF SUSTAINABLE DEVELOPMENT OF RUSSIA

2020 ◽  
pp. 24-29
Author(s):  
N.A. Dudko ◽  
A.R. Pruss
Keyword(s):  
Sustainable Development ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
The Rule Of Law ◽  
Legal Literacy ◽  
The Social ◽  
State And Society ◽  
Jury Trials ◽  
The Russian Federation

The implementation of the idea of sustainable development implies the implementation by the State of aset of measures in the social and political spheres of society. Indicators of progress towards achieving this goalare the level of realization of citizens «rights and freedoms, the development of legal culture, legal literacy, aswell as the formation of the rule of law State and civil society and dialogue between them. One way of suchinteraction between the State and society in the Russian Federation is through jury trials. Despite the longperiod of existence of this social and legal institution, its legal regulation is not stable and is carried out inthe absence of the concept of development developed by the legislator. The next changes proposed in 2020will affect the jurisdiction of the crimes to the court with the participation of jurors. In this regard, issues ofregulatory and legal regulation and organization of the activities of the jury court continue to be of scientificinterest and are relevant. The authors studied normative and legal acts, opinions of scientists on this issue,statistical information and court practice. On the basis of their analysis and taking into account practicaldata, proposals have been formulated to further improve the legal basis of the jury court as a component ofthe sustainable development of the Russian Federation.

scholarly journals LEGAL REGULATION ISSUES OF SUMMARY PROCEDURE IN CIVIL PROCEEDINGS

2017 ◽  
Vol 2017 (2) ◽  
pp. 87-94 ◽  
Author(s):  
Д. Попова ◽  
D. Popova ◽  
Т. Этина ◽  
T. Etina
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Practical Implementation ◽  
Civil Proceedings ◽  
Procedural Code ◽  
Written Form ◽  
Positive Assessment ◽  
The Russian Federation ◽  
Simplified Procedure

<p>The paper investigates the legislative innovation of a simplified procedure in civil proceedings. The authors analyze the norms of Chapter 21.1 of the Civil Procedural Code of the Russian Federation, which regulate the civil investigation process in a simplified procedure. The article also shows the shortcomings and contradictions in the legal regulation of this institution; the authors draw attention to some problems that may arise during the practical implementation of the procedural norms. In particular, the attention is drawn to the fairly complex system of simplified procedure cases differentiation, with the requirements for which the writ is granted. The legislator has left important practical issues beyond the scope of legal regulation, i.e. the terms of the case in the simplified procedure, confirmation method of sending the documents and objections by parties to each other before the court, as well as the duties and the way of approval of sending documents and objections of one party to the other party before the Court, which casts doubt on the possibility of consideration of civil cases in simplified procedure. According to the authors, the model of appellate review of a judgment in the simplified procedure proposed by legislator needs to be adjusted. The role of a judicial member in a simplified procedure is investigated in the article. The transition to the process in written form not only fails to exclude the involvement of the legal representative in cases of simplified procedure, but also suggests expanding his power, that requires an appropriate legislative solution. Giving an overall positive assessment to the implemented legislative innovations, the authors recognize that the disputed provisions identified in the analysis of norms of Chapter 21.1 of the Civil Practice Act of the Russian Federation do not make it possible to carry out to the full the potential embedded in this institution.</p>

The Problems of Delimitation of Judicial Powers between the Courts of General Jurisdiction and Regional Constitutional (Charter) Judicial Authorities

2019 ◽  
pp. 45-50
Keyword(s):  
Constitutional Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
Judicial System ◽  
Judicial Control ◽  
Federal Constitutional ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
Administrative Proceedings ◽  
Local Levels

The article deals with the issues of correlation of constitutional (charter) justice and administrative proceedings exercised by courts of general jurisdiction while implementing judicial control. Having interpreted the provisions of Federal Constitutional Law «On the Judicial System of the Russian Federation» and the Russian Code of Administrative Proceedings, the authors show the shortcomings inherent in the current legal regulation of the competence of the judiciary, its inaccuracy, which leads to possibility of different interpretations of the rules. The norms of the Code of Administrative Proceedings may create so-called dual jurisdiction when the same case falls into the jurisdictions of a court of general jurisdiction and a regional constitutional (charter) court. To prevent such a situation, in those sub-federal entities where regional constitutional (charter) courts are created it is the responsibility of these courts to deal with cases contesting normative legal acts of regional and local levels. For this purpose the authors substantiate the need to improve the regulation of the powers of courts of general jurisdiction in the field of administrative law control, taking into account related institutions of constitutional justice. In particular, they propose some amendments to the Law of the Sverdlovsk region «On the Charter Court of the Sverdlovsk region».

scholarly journals Observing the Accused Person Interrogation Rights in Pretrial Period in Iran’s Law and the International Charter of Human Rights

2016 ◽  
Vol 9 (9) ◽  
pp. 126
Author(s):  
Feizollah Salehi Taebloo ◽  
Manuchehr Tavassoli Naini
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Human Dignity ◽  
Preliminary Investigation ◽  
Judicial System ◽  
The Other ◽  
Social Rights ◽  
The Social ◽  
Fair Procedure ◽  
Descriptive Method

<p>The culprit is one of the fixed parties in penal judgments and because he is to be stood before the social rights with the support of the prosecutor he enjoys a vulnerable judicial standpoint. The person being charged with a crime or an offence faces the judicial system in the preliminary investigation stage, in other words, pretrial stage. In this stage the culprit, due to the fact that has not been convicted to any crime, he has to undergo interrogation and investigation based on the acquittal principle and preservation of the human prestige and credit. Interrogating the culprit is the main axiom of the pretrial period and it is possible that the culprits be exposed to torture and inhumane behaviors as a result of their rights being ignored and their human dignity being refused by the interrogating bodies. Therefore, the accused person should be enjoying the rights and liberties under the shade of the fair judgment. On the other hand, fair judgment is not intended solely for safeguarding the accused person’s defense rights, rather a just proceeding in its exact meaning is seeking to serve the preservation and supporting the rights and the liberties of all of the individuals who somehow share the legal procedure process. Observing a fair procedure should not be taken as to mean leniency for any single one person, rather observing such principles in the proceedings causes the humanity aspect of the parties not to be underestimated and justice and fairness can be implemented and served regarding their rights.</p>In the present article because it is carried out in humanities realm we have tried to make use of an analytical-descriptive method through the use of the international charter of human rights and requirements and the constitutional laws in Iran and this is while the accused individual rights in the pretrial period has also been enumerated and elucidated on and then we deal with the survey of the Iran’s judicial system and the international charter of human rights regarding the methods of keeping a hold onto such rules and regulations and consequently we will figure that in both of the described systems it has been frequently emphasized on observing the accused person’s rights in the majority of the cases in this period and there has been criminal enforcement mandates for it.

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