scholarly journals INSURANCE REGULATION PECULIARITIES IN THE BANK INSURANCE PRACTICE IN THE EUROPEAN UNION

Banking law ◽  
2020 ◽  
Vol 6 ◽  
pp. 44-57
Author(s):  
Alexander A. Tsyganov ◽  
◽  
Sergey V. Maslennikov ◽  
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Legal Regulation ◽  
Common Type ◽  
The European Union ◽  
Insurance Regulation ◽  
Significant Issue ◽  
Banking Regulations ◽  
The Russian Federation

In the Russian Federation, bancassurance has already become a relatively common type of interactions between banks and their customers in selling insurance, with banks being the main channels for distributing insurance services in exchange for commission. Borrowers are known to be the weaker side of a contract, which leads to banks impose insurance services and commission, which the banks may capitalize on. This indicates a significant issue for the local antitrust and banking regulations. The article describes the expertise in managing these activities in the member countries of the European Union and provides recommendations for a possible legal regulation of insurance and banking activities in Russia.

Comparative Analysis of Foundations of Legal Regulation of Criminal Liability for Organ Trafficking in the Russian Federation, Kazakhstan, and the European Union

2020 ◽  
Vol 11 (4) ◽  
pp. 1405
Author(s):  
Anna V. SEREBRENNIKOVA ◽  
Tatjana F. MINYASEVA ◽  
Nagima S. KALA ◽  
Alexei A. MALINOVSKY ◽  
Victoria M. MALINOVSKAYA ◽  
...  
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Liability ◽  
National Level ◽  
Legal Regulation ◽  
The European Union ◽  
Organ Trafficking ◽  
The Russian Federation ◽  
The Creation

Currently, organ trafficking occupies a leading position among transnational organized criminal groups due to the high demand for illegal services and the relatively low rates of detection of illegal actions by law enforcement agencies. In this context, the purpose of the paper was to conduct a comparative analysis of the foundations of the legal regulation of criminal liability for organ trafficking and trafficking in the Russian Federation, Kazakhstan, and the European Union to form scientifically substantiated conclusions and suggestions for improving existing national legislation. To achieve this purpose, general scientific and special methods were used. The study also uncovers vectors and substantiates the feasibility of implementing EU legislation in the field of organ trafficking and trafficking in the criminal legislation of the Russian Federation and Kazakhstan, predicts the prospects for improving legal regulation on the subject matter and outlined the priority actions of legislative bodies. At the same time, promising areas of research in this matter are the issues of punishability of such acts and the appointment of the appropriate punishment. Furthermore, the creation of a highly regulated transplantation system at the national level was proposed, which is to be managed by a national transplantation authority with broad oversight powers. The creation of such a centralised competent authority will ensure the implementation of the scope of measures that would effectively reduce the risk of organ trafficking and trafficking and protect potential victims.

scholarly journals Identification of the areas for improving the Russian legislation on taxation of controlled foreign companies based on the experience of European Union member-states

2021 ◽  
pp. 26-39
Author(s):  
Aleksandra Melnikova
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Union Member ◽  
Legal Regulation ◽  
The European Union ◽  
Legal Form ◽  
Member States ◽  
Foreign Companies ◽  
The Russian Federation ◽  
European Union Member States

This article is dedicated to identification and analysis of the gaps in legal regulation of profit taxation of controlled foreign companies (CFC) in the Russian Federation, by comparing the Russian legislation with the legislation of the European Union member-states. Comparison is conducted on the current legislation of the Russian Federation on CFC with analogous rules in France, Germany, Netherlands, and Great Britain. The author determines the similarities and differences in the regimes of profit taxation of controlled foreign companies, and substantiates the need for introducing point amendments to the current legislation of the Russian Federation on profit taxation of controlled foreign companies. The structure of the Russian rules on CFC is largely similar to such in the developed European countries. The definition of the concept of control in the Russian legislation for the most part aligns with the definitions of the analogous concept in the legislation of France, Germany, and Netherlands; although the Russian definition is certainly broader, as it applicable to foreign structures without formation of legal entity, and contains both quantitative and qualitative criteria. Despite formal similarity of the Russian rules on CFC and their foreign equivalents, there are gaps in the Russian legislation, the interpretation of which by the tax authorities and the Ministry of Finance is at times contradictory and often does not benefit the taxpayer. Numerous questions arise from filling out and submitting participation notices and CFC notices, the procedure for which also contains multiple gaps, and the grounds for their submission in the legislation are quite ambiguous. Taxpayers often do not timely notify the tax authority on the participation in CFC or do not submit the corresponding notice due to inaccessibility of software for filling out notices for companies established in particular organizational-legal form.

scholarly journals Legal regulation of the transmission of health-related data: Balance of public interests and individual rights in the context of cross-border health care

2021 ◽  
Vol 12 (2) ◽  
pp. 419-440
Author(s):  
Igor M. Akulin ◽  
◽  
Ekaterina A. Chesnokova ◽  
Umberto Genovese ◽  
Roman A. Presnyakov ◽  
...  
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Legal Regulation ◽  
Health Data ◽  
Medical Data ◽  
Personal Health ◽  
The European Union ◽  
Cross Border ◽  
Digital Format ◽  
The Russian Federation

The article provides a comparative analysis of the regulatory and legal regulation for the processing of a special category of personal health data in the European Union and in the Russian Federation in regard to the digitalization of national health systems. Special attention is paid to the legal framework for the transmission of health information at the cross-border level. It is established that within the framework of European and Russian legislation at this stage, in the context of the formation of digital medicine, there is a comparability in the definition of legal mechanisms for the protection of medical data. It is also noted that in the issue of the transfer of personal health data to third countries, both the Russian Federation and the European Union choose the path of strict restrictive regulation and the introduction of a closed list of grounds for overcoming the ban on cross-border transfer. The reasons for this approach to issues of supranational interaction in healthcare are analyzed, as well as the potential risks of inertia of national legislators in this issue. Based on the analysis, the authors propose a number of amendments and additions to the national legislation on personal data, aimed at simplifying the interaction between jurisdictions on the transfer of confidential medical information. The authors suggest an international agreement on the exchange of medical data in digital format, which potentially should include not only the Russian Federation and the EU states, but also other countries, including Eurasian Economic Union member states, China, and countries of the American continent. The proposed concept is intended to create an opportunity for the formation of a supranational information system in the field of healthcare, which allows for the effective exchange of medical data, taking into account the sovereign interests of the countries participating in the agreement.

Implementation of Legislative Prerogatives of the Russian Federation on the Basis of the Principle of Subsidiarity: Legal Assessment of the Experience of the European Union

10.12737/5280 ◽  
2014 ◽  
Vol 2 (8) ◽  
pp. 84-93 ◽  
Author(s):  
Оксана Пименова ◽  
Oksana Pimenova
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Legal Regulation ◽  
Federal State ◽  
Russian Regions ◽  
The European Union ◽  
Legal Assessment ◽  
Significant Element ◽  
Subsidiarity Principle ◽  
The Russian Federation

The execution and protection of Russian regions’ prerogative legislative powers is the most significant element of their jurisdictional independence, and legal regulation of this area is crucial for ongoing federative reforms. The purpose of this article is to clarify possibilities of adaptation of the European Union’s experience in implementation of the subsidiarity principle to the Russian Federation’s system of regulation and execution of federal legislative powers in the area of joint jurisdiction which is considered to be the main institute of the vertically integrated government system in a federal state.

Non-judicial Forms of Resolving Disputes Related to the Protection of Consumer Rights in Russia and the European Union: Results of 2018-2019

2019 ◽  
Vol 10 (3) ◽  
pp. 954
Author(s):  
Marina M. VILDANOVA ◽  
Elena P. ERMAKOVA ◽  
Tatyana V. ALEKSEEVA
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Consumer Protection ◽  
Financial Services ◽  
Dispute Settlement ◽  
Legal Regulation ◽  
The European Union ◽  
Special Procedure ◽  
The Russian Federation ◽  
The Right

The authors examine the features of the legal regulation of consumer protection in Russia and the European Union. It has been revealed that: (1) the evolution of non-judicial forms of consideration of consumer disputes both in the Russian Federation and in the EU will help to increase consumer protection and the accessibility of the exercise of the right to resolve disputes for consumers of different property levels, since the procedures under consideration are free of charge; (2) due to the specifics of disputes with consumers of financial services, the creation for these disputes of a special procedure for consideration by professional specialists of the financial market is justified and should positively affect the quality of consideration of cases; (3) the introduction of non-judicial forms into practice will entail a reduction in the resolution of conflict situations and a decrease in the load on the judicial system; (4) there is still some confusion of dispute settlement procedures in a number of provisions of the bill on the settlement of consumer disputes in electronic commerce in the Russian Federation, which is advisable to eliminate when finalizing the bill.

ABOUT THE ENVIRONMENTAL LEGISLATION IN THE RUSSIAN FEDERATION AND IN THE EUROPEAN UNION

2018 ◽  
Vol 1 (1) ◽  
pp. 76-84
Author(s):  
Наталья Мухаметгареева
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Environmental Law ◽  
Legal Regulation ◽  
The European Union ◽  
Environmental Legislation ◽  
Development Level ◽  
Nation States ◽  
European Experience ◽  
The Russian Federation

The article is dedicated to the questions of the development of the environmental law in the Russian Federation and in the European Union this process began virtually simultaneously for each entity. Comparative analysis of the environmental legislation’s development level of two entities that considerably differs from each other is made. Comparative law research allows coming to the conclusion that the European experience of ecological legisla- tion and environmental legal regulation should help to improve the Russian legislation in this sphere. However the author indicates that historically environmental law developed and keeps developing within the nation states.

scholarly journals Pharmaceutical innovations patenting: the experience of the Russian Federation, the United States of America, the European Union

2021 ◽  
Vol 65 (3) ◽  
pp. 269-275
Author(s):  
Diana A. Lebedeva
Keyword(s):  
United States ◽  
European Union ◽  
Russian Federation ◽  
United States Of America ◽  
The United States ◽  
Legal Regulation ◽  
Pharmaceutical Companies ◽  
The European Union ◽  
Innovative Solutions ◽  
The Russian Federation

Introduction. When patenting pharmaceutical innovations, in the context of rapid technological progress, pharmaceutical companies often have to face identifying patentable objects both in the Russian Federation and in the United States of America and the European Union. The aim of the study is to review the possibilities for patenting pharmaceutical innovations in the Russian Federation, the United States of America and the European Union, as well as to identify the advantages and disadvantages of legal regulation of innovative solutions of pharmaceutical companies in the context of the specifics of legal systems. Material and methods. The national legislation in patenting medical innovations was studied, and the relevant experience of the USA and the European Union was analyzed. The methodological basis of the research is made up of both general scientific and private scientific legal methods: systemic, method of concretization, methods of synthesis and analysis, as well as the comparative-legal method. Results. Depending on the legislator’s position, a basis is being formed for the legal regulation of innovative solutions of pharmaceutical companies, which may not yet be named in regulatory legal acts due to their fundamental novelty. Legal gaps and conflicts in the US and the EU are resolved through in-depth analysis and consideration of each specific dispute by the court. In Russia, the settlement of this issue is on the way to solving it through local regulations and the position of the relevant federal executive bodies. Conclusion. Patenting in the pharmaceutical field is mainly of a stimulating nature, since it allows protecting innovative solutions at the stage of their development. However, the legislator has particular difficulties in identifying patentable objects in the context of rapid technological progress.

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