scholarly journals The Principle of Performance in Inter-Budgetary Subsidy Provision Legal Relationships

2021 ◽  
Vol 1 ◽  
pp. 41-44
Author(s):  
Alina A. Timerkhanova ◽  
Keyword(s):  
Russian Federation ◽  
Scientific Knowledge ◽  
Performance Indicators ◽  
Legal Regulation ◽  
Practical Significance ◽  
Synthesis System ◽  
Scientific Methods ◽  
Dialectical Method ◽  
Judicial Practice ◽  
General Scientific

Purpose. The article discusses the importance of the princ iple of ef fectiveness in relations for the provision of intergovernmental subsidies. Judicial practice shows that there is no detailed legal regulation of the composition of this principle, which leads to failure to achieve the result of using subsidies. Methodology: dialectical method of scientific knowledge. The research used such general scientific methods as analysis, synthesis, system and structural-functional. Conclusions. The author comes to the conclusion that the composition of the principle of effectiveness should be fixed in the Budget code of Russian Federation, which includes performance indicators, deadlines for achieving the purpose and exceptional circumstances. Scientific and practical significance. Based on the analysis of judicial practice, the composition of the principle of effectiveness is proposed, which will contribute to achieving the purpose of provision of intergovernmental subsidies.

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

scholarly journals JURISDICTION OF APPLICATIONS FOR THE REVISION OF JUDICIAL ACTS ON NEWLY DISCOVERED OR NEW CIRCUMSTANCES AND THE PROCEDURAL AND LEGAL CONSEQUENCES OF ITS VIOLATION

2020 ◽  
Vol 24 (4) ◽  
pp. 1141-1168
Author(s):  
Safura T. Bagylly ◽  
Larisa N. Pavlova
Keyword(s):  
Legal Regulation ◽  
Court Decisions ◽  
Unified Approach ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Scientific Analysis ◽  
Domestic Legislation ◽  
General Scientific ◽  
Administrative Proceedings ◽  
Legal Consequences

The article deals with the problematic items of choosing a court competent to review court decisions that have entered into legal force on newly discovered or new circumstances in civil and administrative proceedings. The aim of the authors is to conduct a study of the legal regulation of the jurisdiction of applications for review. The methodological basis of the article was formed by general scientific (analysis, analogy, description, synthesis, and systemic approach) and particular scientific methods (historical-legal, comparative-legal, and formal-legal). A retrospective analysis of legal acts of domestic legislation has been carried out. According to the results of the study, difficulties relate to interpreting and applying the existing rules on determining the appropriate instance for revision. Based on the analysis of the judicial practice of courts of general jurisdiction and arbitral courts, the authors come to the conclusion that there is no unified approach of the courts in determining the procedural and legal consequences of violations of the rules of jurisdiction. The conclusion summarizes proposals for improving the current legislation to eliminate ambiguities and achieve uniformity in judicial practice.

scholarly journals THE LEGAL FATE OF THE OBJECTS PLACED IN AREAS WITH SPECIAL CONDITIONS FOR THE USE OF TERRITORIES IN VIOLATION OF ESTABLISHED RESTRICTIONS

2020 ◽  
Vol 24 (4) ◽  
pp. 1063-1077
Author(s):  
Marina S. Muravyeva
Keyword(s):  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Regime ◽  
Methodological Basis ◽  
Judicial Practice ◽  
Legal Method ◽  
Logical Method ◽  
General Scientific ◽  
Method Analysis ◽  
Legal Grounds

The author considers the problem of placing buildings, structures and other objects in zones with special conditions for the use of territories in violation of the restrictions on the use of land plots established by law. Until August 2018, this issue was not regulated in the legislation, as well as the legal regime of protected zones and other zones with special conditions for the use of territories was not properly regulated. At the same time, the judicial practice on disputes over the demolition of these objects was not uniform. In connection with the adoption (in August 2018) of legislative acts affecting both the legal regulation of unauthorized buildings and regulation of the legal regime of zones with special conditions for the use of territories, the work makes attempts to analyze the current legislation, the main positions of the courts and understand the reasons that caused the adoption of new legislative acts. The author comes to the conclusion that at present the legal fate of objects located in zones with special conditions for the use of territories in violation of the restrictions established for land plots depends on a number of circumstances identified by the judicial authorities when considering disputes and having been enshrined in the norms of law. The methodological basis of the research is made up of general scientific (in particular, logical) and special legal (formal legal) methods of scientific knowledge. The logical method (analysis, synthesis, deduction, induction, analogy, etc.) made it possible to identify various legal grounds for the demolition of objects built in zones with special conditions for the use of territories in violation of the established restrictions. With the help of the formal legal method, the court practice of the applying the norms of civil legislation on unauthorized constructions in relation to the placement of objects in zones with special conditions for the use of territories was analyzed.

scholarly journals Current issues of the implementation of a criminal penalty

2021 ◽  
Vol 17 (2) ◽  
pp. 93-100
Author(s):  
Ekaterina V. Avdeeva
Keyword(s):  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Current Trends ◽  
Criminal Penalty ◽  
General Scientific ◽  
The Subject

The subject of the research is the criminal-legal aspects of the implementation of a fine as a type of criminal punishment. In this regard, an analysis of the materials of judicial practice is carried out, which makes it possible to reveal the current trends in the appointment of a criminal fine by the court. The dynamics of the appointment of a fine by the court as the main and additional punishment has been established. The purpose of the study is to uncover the problems of implementing a criminal fine as a type of punishment and to develop proposals for improving the mechanism for imposing a criminal fine by a court. The methodological basis of the research is formed by a set of general scientific and private scientific methods that predetermined an integrated approach to the study of the purpose of a fine as a type of punishment. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of the appointment of a fine, the determination of the property status of a person, and other income of the convict. The main results of the study contain conclusions and proposals aimed at improving the measures for the appointment of a fine in relation to minors, for the aggregate of crimes, when replacing a fine in case of malicious evasion from its payment. Conclusions are formulated regarding the methodological, organizational and practical aspects of the legal impact of a fine as a type of punishment aimed at achieving the goals of punishment. The novelty of the research topic lies in the formulation and solution of the problem associated with the appointment of a fine: 1) for the aggregate of crimes; 2) in relation to minors. Conclusions and proposals for improving the criminal law governing the basis and procedure for imposing a criminal fine are formulated.

scholarly journals THE CONCEPT OF CONSTRUCTION AND DEVELOPMENT OF THE HARDWARE-SOFTWARE COMPLEX «SAFE CITY»: THE RESULTS OF IMPLEMENTATION, ORGANIZATIONAL AND LEGAL PROBLEMS AND OUTSTANDING ISSUES

2019 ◽  
pp. 69-77
Author(s):  
A. S. EVDOKIMOV
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Industrial Complex ◽  
Human Environment ◽  
Scientific Methods ◽  
Software Complex ◽  
Methodical Basis ◽  
General Scientific ◽  
The Russian Federation ◽  
Is Integration

The article considers topical issues related to the implementation of the Concept of Construction and Development of Hardware-Software Complex «Safe City», approved by RF Government of December 3, 2014, № 2446-р, the main purpose of which is integration of information-analytical systems of public safety and security of the human environment into a single information space (monitoring, forecasting, alerts). The article investigates the process of implementation of the Concept, the organizational problems, highlights the insufficiency of legal regulation and methodical support of the issues of creation and development of agro-industrial complex «Safe city». In the process of research, general scientific and private scientific methods of cognition were applied: analytical, logical, structural-functional, comparative legal. The main conclusion, drawn on the basis of the results of the study, is that in order to optimize the activities concerning creation and development of AIC «Safe City» in the territory of the Russian Federation it is required to introduce significant adjustments to the Russian legislation, to develop sufficient organizational and methodical basis, to develop mechanisms for creating a complex on the example of a pilot constituent entity of the Russian Federation . The main contribution made by the author in this article is the conclusion about the need to develop legislation in the field of complex security, formulated theoretical and applied proposals for carrying out organizational and legal measures in the field of development of AIC «Safe City». The results of the study can be applied by authorized legislative and executive bodies in their practical activities.

scholarly journals Agreements to Eliminate Liability for Breach of a Contractual Obligation: Comparative Analysis of the Legal Regulation and Judicial Practice

Legal Concept ◽  
2021 ◽  
pp. 123-130
Author(s):  
Natalia Kagalnitskova ◽  
Olga Tolstova
Keyword(s):  
Legal Regulation ◽  
Scientific Methods ◽  
Freedom Of Contract ◽  
Contractual Obligation ◽  
Judicial Practice ◽  
Force Majeure ◽  
Legal Nature ◽  
General Scientific ◽  
Contractual Obligations ◽  
Weak Party

Introduction: modern legal science is faced with the task of developing the concept of an agreement on the elimination of contractual civil liability: determining its legal nature, scope and conditions for its implementation. For this purpose, the authors of the paper attempt to model the theoretical and legal basis of the agreement on the elimination of contractual liability of the debtor for non-performance, improper performance of its obligations. Using the general scientific methods – synthesis, analysis, comparative and dialectical methods, as well as the specific scientific methods of cognition, in particular, formal-legal, structural-functional and others, the authors determine the legal nature and scope of the agreement on the elimination of contractual liability for violation of a contractual obligation, and examine the practice of such application. Results: it is indicated that within the framework of the agreement on the elimination of contractual liability, it is possible to expand the list of circumstances related to “force majeure”, but taking into account the criterion of the latter: emergency and insurmountability. Conclusions: an agreement to eliminate contractual liability is not possible in contractual obligations involving a weak party, unless it is concluded in its favor. Therefore, the main scope of their application is the obligations related to the implementation of business activities. The possibility of concluding this agreement is a manifestation of the principles of autonomy of will and freedom of contract.

scholarly journals On Understanding of Digital Financial Assets

2021 ◽  
Vol 2 ◽  
pp. 40-44
Author(s):  
Yulia K. Tsaregradskaya ◽  
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Financial Assets ◽  
Legal Practice ◽  
Educational Materials ◽  
Scientific Methods ◽  
Existing Problems ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific

Purpose. In the context of the development of digital technologies, the issue of the existence and legal regulation of digital of financial assets is being updated. In modern legal practice, there is no uniformity in the terminology of these relations, so it is especially important to consider the possibility of using different terms from digital currency to digital rights. The article analyzes various approaches to defining the concept of cryptocurrency offered by specialists working not only in the field of law, but also in economics, since it is important to consider the possibility of reflecting digital assets in accounting. In the course of the research, both General scientific and private scientific methods were used: scientific abstraction, system, logical, analysis and synthesis, comparative legal and formal legal. Conclusions are made that: 1) as a result of numerous discussions about the legal regulation of digital of financial assets, the state has decided on the terminology in these relations; 2) according to the author, the most successful term is the concept of “digital financial assets”, since the term “asset” is used in russian legislation, in particular investment and tax; 3) russian legal practice has used the experience of foreign countries when making changes to existing legislation, in particular in civil, expanding the list of objects of civil legal relations. Scientific and practical significance. This research allows us to critically understand the existing problems of cryptocurrency regulation, as well as contributes to the development of theoretical directions on this topic and the creation of educational materials dedicated to the digital economy.

scholarly journals Legal Basis for Remote Sale of Medicines in the Russian Federation

2021 ◽  
Vol 2 (4) ◽  
pp. 98-113
Author(s):  
Alexander Kornienko ◽  
Nadezhda Neretina
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Telecommunication Services ◽  
Scientific Methods ◽  
Current Trends ◽  
General Scientific ◽  
The Russian Federation ◽  
The Moment ◽  
Almost All

The topic of the article is very relevant, first of all, due to the fact that today the development of the information and telecommunication services market involves almost all areas of people’s life in the field of e-commerce. Until April 2020, it was not possible to purchase a medicinal product online on the territory of the Russian Federation due to the lack of a regulatory legal framework regulating such a mechanism. However, at the moment, the relevant legislation has entered into force, regulating in detail the sale of medicines in a remote format. Taking into account the presented circumstances, it seems to us that the issue of studying new legislative acts in the field of remote sale of medicines on the territory of the Russian Federation is largely being updated. The subject of the article is the mechanism of legal regulation of remote sale of medicines in Russia. The purpose of the study is to identify the problems of legal regulation of the process of remote sale of medicines in the Russian Federation at the present stage. This research is based on a combination of groups of classical general scientific methods (induction, deduction, analysis, synthesis) and a number of special methods of scientific cognition applied directly within the framework of legal science (formal legal, comparative legal and others). Within the framework of the presented article, the authors carried out a conceptual analysis of the features of the legal regulation of the sale of medicines using remote technologies, taking into account the latest changes in legislation. The specifics of remote trade in prescription and over-the-counter drugs, as well as the peculiarities of labeling of medicines on the territory of the Russian Federation, are analyzed. As a result of a comprehensive study of current trends in regulatory regulation and justification of possible methods for improving the systems for issuing electronic prescriptions, as well as mandatory labeling of medicines, a conclusion is made about the possibility of further development of remote trade in medicines in the Russian Federation.

Challenging Decisions on Non-Admission to the Russian Federation: the Practice of Considering Migration Disputes

2021 ◽  
pp. 14-25
Author(s):  
M. A. Davydova ◽  
◽  
T. D. Sadovskaya
Keyword(s):  
Russian Federation ◽  
Scientific Methods ◽  
Judicial Practice ◽  
European Court ◽  
International Obligations ◽  
General Scientific ◽  
Uniform Law ◽  
The Russian Federation ◽  
Judicial Errors ◽  
Stateless Person

The article examines the problem of the lack of uniform practice of courts of general jurisdiction in the consideration of disputes related to the appeal of decisions taken by the authorized executive authorities on the non-admission of a foreign citizen or a stateless person to the Russian Federation. The purpose of the study is to determine the specifics of the consideration of disputes on appeal of decisions on non-admission, to identify current problems related to the legislative regulation and application of the grounds for making such decisions, as well as to develop proposals for their resolution. The achievement of this goal is realized through the solution of such tasks as the analysis of the national migration legislation, the legal positions of the European Court of Human Rights, the highest judicial bodies of the country, the materials of current administrative and judicial practice, the development of recommendations to ensure the unity of approaches to the resolution of this category of disputes. Research methods: general scientific methods are used: analysis, synthesis, deduction, induction, as well as private scientific methods. Research results: based on the conducted research, a number of theoretical propositions are systematized, judicial errors are analyzed, issues requiring legal solutions are identified, and measures aimed at improving legislation in this area are proposed. It is noted that the establishment of detailed grounds and criteria in the national legislation for the adoption of decisions on non-admission by the authorized bodies will reduce the additional burden on the courts, as well as the risks of non-compliance by Russia with its international obligations, will contribute to a uniform law enforcement practice, the full implementation of the rights and freedoms of foreign citizens and stateless persons, and reduce the number of violations of migration legislation.

SOME QUESTIONS OF LEGAL REGULATION OF BIOPRINTING IN RUSSIA

2020 ◽  
Vol 10 (2) ◽  
pp. 196-204
Author(s):  
MARYAM AKHMADOVA ◽  
Keyword(s):  
Russian Federation ◽  
Scientific Knowledge ◽  
Legal Regulation ◽  
Additive Technologies ◽  
Legal Issues ◽  
Preventive Effect ◽  
Legal Nature ◽  
General Scientific ◽  
The Russian Federation ◽  
New Generation

The article provides an overview of current regulatory acts of the Russian Federation on various aspects of the legal regulation of the use of additive technologies in domestic medicine. The authors draw attention to the question of the legal nature of bioprint organs. In the study, such methods of scientific knowledge were used as: general scientific dialectic, formal legal and comparative legal methods. At the same time, the author proceeds from the subjective-objective backside of processes and phenomena, as well as their relationship. This means that all people can use the technology of a new generation, which can cause a therapeutic or preventive effect. This condition is the need for the formation of new legal issues in this area through modernization.

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