scholarly journals Subjects of Administrative Jurisdiction in Fishing and Preservation of Aquatic Biological Resources

JURIST ◽  
2021 ◽  
Vol 5 ◽  
pp. 61-68
Author(s):  
Marina A. Russkova ◽  
◽  
Valeriy E. Stepenko ◽  
Keyword(s):  
Russian Federation ◽  
Biological Resources ◽  
The Russian Federation ◽  
Administrative Jurisdiction ◽  
Comparative Description

The paper considers the general provisions on the subjects of administrative jurisdiction, their composition. The subjects of administrative jurisdiction in the field of fisheries and conservation of aquatic biological resources are distinguished. A comparative description of the subjects of administrative jurisdiction in the field of fishing in accordance with the Code of Administrative Offenses of the RSFSR and the Code of Administrative Offenses of the Russian Federation is given. An attempt is made to determine the problematic aspects of administrative jurisdiction in the field of fisheries.

scholarly journals The subject of the crime under article 258¹ of the Criminal code of the Russian Federation

2021 ◽  
pp. 186-191
Author(s):  
Farhat Mukhambetov
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Wild Animals ◽  
International Treaties ◽  
Biological Resources ◽  
The Subject ◽  
The Russian Federation ◽  
Made In

An attempt is made in this work to reveal the content of the subject of the crime under art. 258¹ of the Criminal code of the Russian Federation “Illegal extraction and circulation of especially valuable wild animals and aquatic biological resources belonging to the species included in the Red Book of the Russian Federation and (or) protected by international treaties of the Russian Federation”. The necessity of division of art. 258¹ of the Criminal code of the Russian Federation into two articles, separately providing for liability for illegal production and trafficking of especially valuable wild animals and illegal extraction of especially valuable aquatic biological resources. The differences in the subject of the crime under art. 256 of the Criminal code of the Russian Federation, from the subject of the crime under art. 258¹ of the Criminal code of the Russian Federation. The necessity of a substantial expansion of the List of especially valuable especially valuable wild animals and aquatic biological resources belonging to the species included in the Red Book of the Russian Federation and (or) protected by international treaties of the Russian Federation for the purposes of articles 2261 and 258¹ of the Criminal code of the Russian Federation due to inclusion in him of all representatives of the Red Book of the Russian Federation.

Rational use of fish raw materials based on its technological potential

Fisheries ◽  
2021 ◽  
Vol 2021 (4) ◽  
pp. 106-110
Author(s):  
Eduard kim ◽  
Larisa Guseva ◽  
Nadezhda Kornienko
Keyword(s):  
Russian Federation ◽  
Raw Materials ◽  
Integrated Approach ◽  
Promising Direction ◽  
Rational Use ◽  
Biological Resources ◽  
Technological Potential ◽  
The Russian Federation ◽  
The Government ◽  
Modern Technologies

The Strategy for the development of the fisheries complex of the Russian Federation for the period up to 2030, approved by the decree of the Government of the Russian Federation (dated November 26, 2019 N 2798-r) provides for a set of measures for the rational use of biological resources. The most promising direction of this task is the creation of modern technologies for deep pro-cessing of fish raw materials, providing for an integrated approach and taking into account its technological potential.

ПРАВОВАЯ ПРИРОДА АДМИНИСТРАТИВНОЙ ЮСТИЦИИ РФ: НАПРАВЛЕНИЯ РАЗВИТИЯ, ПРОБЛЕМНЫЕ АСПЕКТЫ, ПУТИ ИХ РЕШЕНИЯ И ПРАКТИКА ПРАВОПРИМЕНЕНИЯ// Humanitarian and Socio-Economic Sciences Journal 4(15), 2019/ OEAPS Inc.(Open European Academy of Public Sciences); Chief Editor Flora Bertrand - Oxford, UK. 14.05.2019: OEAPS Inc., 2019. - PP. 18-32.

2019 ◽  
Author(s):  
Илья Андреевич Влазнев ◽  
Алексей Александрович Гречкин
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Chief Editor ◽  
European Academy ◽  
Legal Nature ◽  
The Usa ◽  
The Russian Federation ◽  
Administrative Jurisdiction ◽  
Administrative Justice

В данной статье авторами рассматриваются особенности правовой природы административной юстиции Российской Федерации. Проводится оценка и сопоставление административной юрисдикции России и США. Проанализирована статистика поступивших исковых заявлений в России за последние семь лет. Исследуются некоторые особенности, связанные с административной юстицией Российской Федерации в области её развития, а также правоприменения. Отдельно представлены мнения и высказывания ученых о проблемных аспектах, и показаны альтернативные способы их решения.This article discusses the features of the legal nature in the administrative justice of the Russian Federation. The administrative jurisdiction of Russia and the USA is assessed and compared. The statistics of the received claims in Russia for the last seven years is analyzed. Some features connected with administrative justice of the Russian Federation in the field of its development, and also law enforcement are investigated. Opinions and statements of scientists about the problem aspects are presented separately, and alternative ways of their solution are shown.

POSSIBILITIES OF USING WORLD EXPERIENCE IN ORGANIZING EXCHANGE TRADING IN AQUATIC BIORESOURCES IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 3 (8) ◽  
pp. 45-53
Author(s):  
V. N. DREVAL’ ◽  
◽  
Zh. V. IVANOVSKAYA ◽  
Keyword(s):  
Russian Federation ◽  
State Level ◽  
Russian Market ◽  
Biological Resources ◽  
Initial Stage ◽  
International Trading ◽  
The Subject ◽  
The Russian Federation ◽  
The Creation ◽  
Resources Assessment

The subject of this article is the study of world experience in organizing exchange trading in aquatic biological resources and assessing the prospects for creating exchange trading in aquatic biological resources in the Russian Federation. Objectives of the work: study of Russia's plans to organize exchange trade in aquatic biological resources; assessment of the Russian market for trade in aquatic biological resources; analysis of the functioning of international trading exchanges of aquatic biological resources (fish) on the example of the International Wholesale Seafood Market in Busan (South Korea) and the Norwegian Fish Exchange Fish Pool; assessment of prospects and the formation of recommendations for organizing exchange trading in aquatic biological resources (fish) in the Russian Federation. The study used methods of comparison, analogy and scientific generalization. The main result of the study is the conclusion that the creation of a trading platform for organized trading in aquatic biological resources (fish) in Russia is a promising project according to the analysis of the internal and external market for trade in aquatic biological resources (fish) in Russia. At present, this issue is only at the initial stage of study and development. At the same time, the idea of creating an organized market for aquatic biological resources (fish) is actively supported at the state level. The creation of an organized market for aquatic biological resources (fish) in Russia is possible with the use of world experience, subject to significant infrastructural transformations and attracting more players.

scholarly journals Court proceedings for imposition of administrative sanctions

2018 ◽  
Vol 2 (3) ◽  
pp. 110-116
Author(s):  
L. Terekhova
Keyword(s):  
Russian Federation ◽  
Current Trends ◽  
Procedure Code ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Court Proceedings ◽  
The One ◽  
Administrative Jurisdiction ◽  
Administrative Proceedings ◽  
Administrative Sanctions

The subject. The paper deals with the procedural issues of imposition of administrative sanctions by the courts.The purpose of the paper is to identify how the form of proceedings impacts on the rights and obligations of administrative trial participants.Methodology. The author uses the methods of analysis and synthesis, as well as dialectic approach. The formal-legal interpretation of the Code of Administrative Offences, the Code of Administrative Proceedings, the Commercial Procedure Code of the Russian Federation and is also used.The main results and scope of their application. The rules of the Code of Administrative Offences of the Russian Federation are "average" according to their nature, they are designed for application by a lot of authorities competent to impose administrative sanctions.The focus of the rules of the Code of Administrative Offences of the Russian Federation is to regulate the procedure for imposition of administrative sanctions and to define the punishment for an administrative offense. Therefore, the civil procedural form is not applicable here and the rules of the Civil Procedure Code and Code of Administrative Proceedings of the Russian Federation shouldn’t be used."Procedural form" in cases of administrative offenses considered by arbitration courts is mainly represented by the rules of the Code of Administrative Offences of the Russian Federation. The accused person can receive a little from actually judicial (civil) procedural form.The serious contradictions of the Code of Administrative Offences with the rules of the Commercial Procedure Code of the Russian Federation couldn’t be seen, on the one hand, but, on the other hand, the provisions of the Code of Administrative Offences of the Russian Federation have a different focus. The results of research may be used as the basis of correction of Code of Administrative Offences, the Commercial Procedure Code of the Russian Federation and may also inspire new researches concerning procedural issues of imposition of administrative sanctions by the courts.Conclusions. Participants in simplified administrative proceedings fall into a double trap: they are initially deprived of guarantees of procedural form due to the predominance of the rules of the Code of Administrative Offences of the Russian Federation and are again deprived of the "remains" of procedural form because of using the simplified proceedings. Empowering the courts with the authority of administrative jurisdiction does not correspond to the current trends in the development of legislation.

scholarly journals COMPARATIVE CHARACTERISTICS OF THE TAX SYSTEM OF THE RUSSIAN FEDERATION AND EUROPEAN COUNTRIES

2021 ◽  
Vol 9 (2) ◽  
pp. 141-145
Author(s):  
Daniil Il'yasov
Keyword(s):  
Russian Federation ◽  
External Factors ◽  
European Countries ◽  
Tax Rates ◽  
Tax System ◽  
The World ◽  
The Russian Federation ◽  
National Tax ◽  
Internal And External Factors ◽  
Comparative Description

The tax system in different countries of the world is developed taking into account the peculiarities of the economy of states, the tax culture of the citizens of this country, and other indicators that affect the formation of an effective tax system. The article presents a comparative description of the current tax system of the Russian Federation and a number of European countries, presents the main tax charges, tax rates, features of tax accounting, and also presents the mechanisms of tax administration. In many European countries, the tax system is formed based on internal and external factors. Despite the single European Union, each member country has its own distinctive characteristics of forming a national tax system.

scholarly journals The Development and State of Criminal Legislation on Responsibility for Smuggling Strategically Important Goods and Resources

Lex Russica ◽  
2021 ◽  
pp. 77-91
Author(s):  
T. D. Ustinova ◽  
A. S. Rubtsova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Customs Union ◽  
Biological Resources ◽  
Rare And Endangered ◽  
The Russian Federation ◽  
The Cost ◽  
Criminal Legislation

The paper is devoted to monitoring the development in the Russian criminal legislation of responsibility for the illegal movement of strategically important goods and resources across the customs border of the Customs Union within the EurAsEC or the State border of the Russian Federation. At the same time, the author argues the correctness of the indication in the disposition of Art. 226.1 of the Criminal Code of the Russian Federation a State Border as a place of commission of the crime under consideration. The author provides a detailed list of strategically important goods and resources, since the establishment of the subject matter of a crime makes it possible to qualify the offense and differntiate criminal smuggling from smuggling the responsibility for which is envisaged only in administrative legislation. The author substantiates the statement according to which this type of smuggling infringes not on public safety, but on relations in the field of economic activity. Therefore, a proposal is made to return the criminal law rule to Ch. 22 of the Criminal Code of the Russian Federation. At the same time, it is proposed to establish criminal liability for smuggling flora and fauna items classified as strategically important goods and resources in a separate article in the Chapter entitled "Environmental Crimes" with due regard to the social danger of this act. The liability should not be related to the value of the goods and resources being moved. Taking into account only the cost of biological resources in their protection under criminal law does not reflect the real social danger of these acts. The need for the protection of biological resources using criminal law instruments is caused not only and not so much by economic preconditions but by the need to preserve rare and endangered representatives of flora and fauna for future generations—the most important components of the ecosystem of the entire planet. The author draws conclusions largely aimed at observing the systematic nature of the criminal law due to the peculiarities of the object of the offence.

scholarly journals Functional Aspect of a Protocol on Administrative Offense as a Jurisdictional Act

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 45-54
Author(s):  
I. V. Tymoshenko
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Functional Aspect ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government ◽  
Administrative Jurisdiction ◽  
Administrative Code ◽  
Administrative Penalty ◽  
Functional Purpose

In June 2019, the official website of the Government of the Russian Federation published the Concept of the New Code of Administrative Offences, the enactment of which is planned for 1 January 2021. This Concept indicates that the factors that reduce the effectiveness of the existing Administrative Code of the Russian Federation include, among other things, problems in law enforcement at the stages of initiation and consideration of cases of administrative offenses, contains general guidelines for reforming the Administrative Code of the Russian Federation and highlights certain challenging issues that need to be resolved in its forthcoming modernization. At the same time, it does not seem to address all the issues that need to be addressed. Thus, the analysis of administrative-jurisdictional practice of the first instance shows that the protocol on administrative offense is considered by subjects of administrative jurisdiction ( extrajudicial, quasi-judicial, and judicial) as one of the types of evidence in the case of an administrative offence. Moreover, it is not uncommon that such a record is the only evidence on the basis of which an administrative penalty is imposed. And the analysis of administrative and jurisdictional practice of the second and subsequent instances (up to the Supreme Court of the Russian Federation) allows us to conclude that this approach is justified and quite legitimate. But is it really true? And to what extent is it lawful and legitimate to consider the protocol on an administrative offense as evidence in the case of an administrative offense? This paper is devoted to searching for answers to these questions through the prism of understanding of the functional purpose and juridical (lawful) nature of this type of administrativejurisdictional acts.

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