scholarly journals Current State and Prospects of the Russian Theory of Law and State Part 1

2014 ◽  
Vol 1 (4) ◽  
pp. 20-31
Author(s):  
V V Lapaeva
Keyword(s):  
General Characteristic ◽  
Sociology Of Law ◽  
Philosophy Of Law ◽  
Legal Studies ◽  
Legal Ideology ◽  
Current State ◽  
The Russian Federation ◽  
Russian Law ◽  
Theory Of Law ◽  
Sociological Studies

Article deals with general characteristic of current state of the Russian theory of law, which is examined in the unity of such aspects as philosophy of law, sociology of law and legal dogmatics. In author’s opinion, prospects for development on each of these directions should be determined by the main social demand, inverted to the theory of law, which consists of development of criteria of distinguishing law from arbitrariness, exercised in the form of law. For the philosophy of law the main direction of efforts should be connected with development of general doctrinal type of understanding of law, which would correspond to a human-centric legal ideology, assumed as the basis of the Constitution of the Russian Federation. The task of sociology of law is seen, first of all, in development on the basis of such understanding of law of theoretical-methodological basis for study of social conditionality of legislation and efficiency of its application. The proper transfer of the results of philosophical and legal and legal and sociological studies, conducted within the framework of the theory of law, at the level of law-making and law enforcement practice requires the development of an adequate legal dogmatics. The author substantiates the need for development of the human-centric dogma of the Russian law as such a system of legal-dogmatic constructions, which would specify the principle of human rights priority. Special attention is paid to disclosure of cognitive potential of libertarian juristic type of understanding of law in respect of each of the chosen directions of theoretical and legal studies.

scholarly journals Current State and Prospects of the Russian Theory of Law and State Part 2

2015 ◽  
Vol 2 (1) ◽  
pp. 9-18
Author(s):  
V V Lapaeva
Keyword(s):  
General Characteristic ◽  
Sociology Of Law ◽  
Philosophy Of Law ◽  
Legal Studies ◽  
Legal Ideology ◽  
Current State ◽  
The Russian Federation ◽  
Russian Law ◽  
Theory Of Law ◽  
Sociological Studies

Article deals with general characteristic of current state of the Russian theory of law, which is examined in the unity of such aspects as philosophy of law, sociology of law and legal dogmatics. For the philosophy of law the main direction of efforts should be connected with development of general doctrinal type of understanding of law, which would correspond to a human-centric legal ideology, assumed as the basis of the Constitution of the Russian Federation. The task of sociology of law is seen, first of all, in development on the basis of such understanding of law of theoretical-methodological basis for study of social conditionality of legislation and efficiency of its application. The proper transfer of the results of philosophical and legal and legal and sociological studies, conducted within the framework of the theory of law, at the level of law-making and law enforcement practice requires the development of an adequate legal dogmatics. The author substantiates the need for development of the human-centric dogma of the Russian law as such a system of legal-dogmatic constructions, which would specify the principle of human rights priority. Special attention is paid to disclosure of cognitive potential of libertarian juristic type of understanding of law in respect of each of the chosen directions of theoretical and legal studies.

scholarly journals The results of snap analysis of gender sensitivity of the Russian legislative acts (December 2018 – March 2021) in the context of feminization of migration

2021 ◽  
pp. 1-18
Author(s):  
Svetlana Mikhailovna Popova
Keyword(s):  
Maternity Leave ◽  
Health Needs ◽  
National Strategy ◽  
Migrant Woman ◽  
Migrant Women ◽  
Current State ◽  
The Russian Federation ◽  
Russian Law ◽  
Feminization Of Migration ◽  
Favorable Conditions

Women comprise nearly half of world’s migration. They are particularly vulnerable, thus their rights, interests, and special needs must be protected. In the period from 2016 to 2018, the Russian Federation has become one of the active participants in the development of international acts on refugees and migrants, which contain provisions aimed at feminization of migration related issues. These acts are not legally binding; however, Russia along with other countries that have joined this initiative, conducts the activity on implementation of internationally ratified principles into the national legislation. The article provides the results of snap analysis of the federal acts adopted in the period of December 2018 – March 2021, which was performed for pilot assessment of the current state of Russian law from the perspective of gender sensitivity and presence of favorable conditions for solution of the problems pertaining to feminization of migration. It was essential to understand whether the effective normative legal acts “see” a migrant woman as a special legal phenomenon, and which specific characteristics and needs of women are reflected in these acts. The conclusion is made that the Russian legislation is currently of gender neutral nature. Other than a range of documents related to implementation of the National Strategy for Women 2017 – 2022, the gender sensitivity of federal acts is generally low. The documents included into sampling, for the most part reflect the specific biological characteristics of women, which determine their health needs, as well as the need for targeted social support due to childbirth and maternity leave. The analyzed international acts have a broader outlook upon the characteristics and needs of women in general and migrant women in particular than the Russian legislation (other than the National Strategy for Women).

scholarly journals THE FORECLOSURE ON THE ONLY CITIZEN’S HOUSING IN BANKRUPTCY CASE

2020 ◽  
Vol 17 (1) ◽  
pp. 69-81
Author(s):  
Veronika Kolbina ◽  
Elena Nevzgodina
Keyword(s):  
Russian Federation ◽  
Social Situation ◽  
Judicial Control ◽  
Judicial Practice ◽  
Current State ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Russian Law ◽  
Constitutional Right

Introduction. The article is devoted to the study of possibility and conditions of the foreclosure on the only housing in the citizen bankruptcy case and the need to improve Russian legislation that regulates these relations. Purpose. The purpose of the article is to analyze the current state of the problem of the foreclosure on the only housing in the citizen bankruptcy case, to identify deficiencies of the legislation that regulates these relations, taking into account the need to achieve a balance of citizens right to be provided with housing and his creditors rights, conscientiously interested in the most complete satisfaction of their requirements in bankruptcy case and suggest the improvement of these legislation. Methodology. To achieve the purpose both general and private scientific research methods were used, in particular, methods of scientific analysis and synthesis, induction and deduction, functional and systemic methods, formal legal and comparative legal methods, methods of interpretation of law and legal forecasting. Results. Higher courts of the Russian Federation recognized the possibility of derogating from the maxim on the inadmissibility of the foreclosure on the only housing established by the Civil Procedure Code of the Russian Federation. This requires introducing into Russian law a mechanism of the foreclosure on the only housing, which allows protecting the rights of creditors and, at the same time, preserving sufficient guarantees of the citizen’s right to housing. Conclusion. Despite the relevance of the foreclosure on the only housing, it should be recognized that the corresponding task is not easy to solve. However, in judicial practice (especially in bankruptcy cases) there has been a tendency to deviate from the idea of comprehensive executive immunity in relation to a single dwelling, which will inevitably be reflected in the current procedural and bankruptcy laws. At the same time, any regulation of these relations should presuppose judicial control in the sphere of issues relating to foreclosure on the only residential premises. In any case, the improvement of the legislation should not put a citizen in a difficult social situation and lead to a violation of his constitutional right to housing.

scholarly journals Igor A. Isaev’s Metaphysics of Power and Law. On Scholar’s Anniversary

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 9-17
Author(s):  
M. D. Chupova ◽  
T. P. Filippova ◽  
V. G. Rumyantseva
Keyword(s):  
Life History ◽  
Russian Federation ◽  
Legal Education ◽  
Legal Culture ◽  
The State ◽  
Mutual Support ◽  
Legal Ideology ◽  
History Of ◽  
The Russian Federation ◽  
Russian Law

The paper deals with the events devoted to the anniversary of an outstanding Russian historian of law, Prof. Igor A. Isayev. On June 11, 2020, our colleague, prominent historian of law, Doctor of Legal Sciences, Professor, Honoured Worker of Science of the Russian Federation Igor A. Isaev turns 75 years old. In addition, for 30 years Prof. Isayev has been the Head of the Department of History of the State and Law, first, at All- Russian Law Correspondence Institute that was later renamed into Kutafin Moscow State Academy of Law (MSAL) and, later, Kutafin Moscow State Law University (MSAL). Since the late 1980s, our University has taken a leading place in the field of legal education, which became possible due to its scholarly potential: the involvement of the most gifted and professional scholars, professors and educators who create and maintain an academic tradition, introduce innovations. Igor A. Isayev has become one of the leaders of the team that has achieved this success and earned credibility in the legal world is. The paper presents his views. In particular, the paper highlights that in his research Igor A. Isaev addresses the fields of history of the State and law, legal ideology, legal culture and legal symbolism, history of political and legal doctrines, and the philosophy of law. Igor Isaev’s life history represents the way of a real scholar, the milestones of his life are represented by written works, numerous pupils and the life of the faculty of the Department of History of the State and Law, the formation of which is impossible without creating an atmosphere of academic freedom, professional solidarity and mutual support.

scholarly journals On the existence of tax liability

2021 ◽  
pp. 95-111
Author(s):  
Yuliya Aleksandrovna Davtyan
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Liability ◽  
Legal Doctrine ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
Scientific Reflection ◽  
Theory Of Law ◽  
Made In

The subject of this research the normative legal acts that regulate social relations emerging as a result of violation of financial legislation of the Russian Federation and determine unlawfulness of the act and penalties for its commission, grounds and mechanism of legal liability, as well as the established law enforcement practice and the existing legal doctrine. This theoretical-legal research is dedicated to examination of the essence and content of the category of tax liability. The study of tax liability as an apparent phenomenon of the Russian socio-legal reality is conducted via dissection of the indicated conceptual category with consideration of the existing contradictory doctrinal views on this phenomenon, as well as the accumulated socio-legal experience. The relevance of this research is substantiate by the range of opinions underlying the doctrinal foundation of legal liability as a scientific category of financial law and general theory of law. The scientific novelty consists in the fact that the conclusion made in the course research on the autonomy of tax liability within the system of legal liability of in the Russian law allowed correlating the constitutive characteristics of legal liability with the characteristics of its particular case – tax liability. The conducted analysis and scientific reflection on the reviewed concepts became a derivative of the conclusion on the autonomy of tax liability within the system of legal liability in the Russian law.

scholarly journals The List of Offshore Zones in the Russian Law

JURIST ◽  
2020 ◽  
Vol 11 ◽  
pp. 49-54
Author(s):  
Natalya G. Andrianova ◽  
Keyword(s):  
European Union ◽  
Tax Evasion ◽  
Profit Shifting ◽  
Current State ◽  
Domestic Legislation ◽  
Legislative Framework ◽  
The Russian Federation ◽  
Ministry Of Finance ◽  
Russian Law ◽  
Definition Of

Definition of the term «offshore jurisdiction» is not set forth in the Russian law, the list of offshore jurisdictions is compiled by the Ministry of Finance of the Russian Federation, however the process and criteria, which are examined to add the jurisdiction in the list, are not formalized. Nevertheless, making a list of offshore jurisdictions is a matter of vital importance, because legal entities, registered in such zones are not entitled to use several benefits in Russia, are subject to enhanced control, their activity in specified spheres is limited. The practice of European Union blacklisting process was analyzed in the article, were scrutinized criteria for screening jurisdictions with a view to establishing an European Union list. Precisely established process and criteria makes it possible to form the list objectively, acts as a spur to foreign jurisdictions for cooperation, bringing domestic legislation in accordance with international base erosion and profit shifting requirements. Providing a legislative framework for criteria of offshore zones will lead to rising of transparency of compilation of this list, annual update of the list will allow objectively estimate the current state of foreign jurisdictions relating to the problems of tax evasion and money laundering.

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.

Assessment of the state and level of development of public-private partnership projects in the subjects of the Russian Federation

2018 ◽  
pp. 131-141 ◽  
Author(s):  
A. N. Savrukov ◽  
N. T. Savrukov ◽  
E. A. Kozlovskaya
Keyword(s):  
Detailed Analysis ◽  
Russian Federation ◽  
Significant Proportion ◽  
Transport Sector ◽  
Private Partnership ◽  
Current State ◽  
Central Regions ◽  
The Russian Federation ◽  
Project Data ◽  
Municipal Level

The article analyzes the current state and level of development of publicprivate partnership (PPP) projects in the subjects of the Russian Federation. The authors conclude that a significant proportion of projects is implemented on a concession basis at the municipal level in the communal sphere. A detailed analysis of the project data showed that the structure of the projects is deformed in favor of the central regions of the Russian Federation, and a significant share in the total amount of financing falls on the transport sector. At the stage of assessing the level of development by the subjects of the Russian Federation, criteria were proposed, and index and integral indicators were used, which ensured comparability of the estimates obtained. At the end of the analysis, the regions were ranked and clustered according to the level of PPP development, which allowed to reveal the number and structure of leaders and outsiders.

Current state and main directions of preservation and strengthening of health of the working population of Russia

2020 ◽  
pp. 527-532 ◽  
Author(s):  
I. V. Bukhtiyarov
Keyword(s):  
Working Conditions ◽  
Russian Federation ◽  
Production Environment ◽  
Working Population ◽  
Industrial Enterprises ◽  
The Past ◽  
Production Factors ◽  
Current State ◽  
The Russian Federation

The article presents the results of the analysis of health, working conditions and prevalence of adverse production factors, the structure of the detected occupational pathology in the working population of the Russian Federation. The article presents Statistical data on the dynamics of the share of workplaces of industrial enterprises that do not meet hygienic standards, occupational morbidity in 2015-2018 for the main groups of adverse factors of the production environment and the labor process. The indicators of occupational morbidity over the past 6 years in the context of the main types of economic activity, individual subjects of the Russian Federation, classes of working conditions, levels of specialized occupational health care. The role of the research Institute of occupational pathology and occupational pathology centers in solving organizational, methodological and practical tasks for the detection, treatment, rehabilitation and prevention of occupational diseases is shown. The basic directions of activity in the field of preservation and strengthening of health of workers, and also safety at a workplace are defined.

Technological and Economic Aspects of Intensive Gardening Development in Russia

2020 ◽  
pp. 28-36
Author(s):  
L.A. Velibekova ◽  
◽  
Sh.M. Magomedgadgiev ◽  
Keyword(s):  
Climatic Conditions ◽  
Necessary Condition ◽  
Healthy Lifestyles ◽  
Current State ◽  
Nursery Management ◽  
The Russian Federation ◽  
The Republic ◽  
Further Development ◽  
Key Industry ◽  
Fruit Plantations

The article notes that the growing popularity of healthy lifestyles contributes to the increase in consumption of fruits and berries. At the same time, the analysis of the dynamics of the gardening industry for 2000-2018 shows that the problem of providing fresh fruits and berries to the population remains one of the most important. Based on actual data, linear and logarithmic models of time series of key industry indicators for the period 2010 – 2019 have been compiled. Calculations showed that in the Russian Federation as a whole the trend of reduction of sown areas of perennial fruit plantations will continue with growth of yield and gross fees. In this regard, the issues of distribution and introduction of gardens of intensive type are updated. An overview of the views of domestic scientists-gardeners on the concept of “intensive garden” is given. It has been established that the distribution of intensive gardens is possible only if there are favorable natural and climatic conditions and a developed scientific and production base of nursery management. The current state and problems of gardening in one of the leading regions – the Republic of Dagestan - are considered. A significant technological lag of region in the further development of intensive horticulture has been identified. Various directions of intensification process in horticulture as the main and necessary condition of growth of efficient and sustainable production are summarized.

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