scholarly journals Social and Monetary Forms of Securing Rational and Efficient Use and Protection of Lands: A Regional Aspect

2020 ◽  
Vol 10 ◽  
pp. 14-17
Author(s):  
Vladimir N. Kharkov ◽  
Keyword(s):  
Natural Resources ◽  
Russian Federation ◽  
Well Being ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Social Functions ◽  
Land Relations ◽  
The Russian Federation ◽  
Legal Forms ◽  
Social Environmental

Based on the analysis of land legislation of the Russian Federation and of constituent entities of the Russian Federation, and also taking into account legal positions of the constitutional Court of the Russian Federation the article considers topical issues of legislative development to ensure the rational and efficient use and protection of land in light of development of social functions of natural resources and improving the welfare of citizens, and ensure the constitutional regime of use of land and other natural resources as public (public) domain, the natural basis of social-environmental well-being of present and future generations of the peoples of Russia. As positive examples of advanced legal regulation of land relations at the regional level, the author considers legal forms of stimulating land use and the socio-monetary forms of preventive protection of land resources from irrational and inefficient use.

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

New draft Federal law "Land Management" Is full of flaws

2021 ◽  
Author(s):  
I.D. Stafiychuk ◽  
A.N. Kutliyarov ◽  
D.N. Kutliyarov ◽  
A.D. Lukmanova ◽  
R.R. Khisamov ◽  
...  
Keyword(s):  
Natural Resources ◽  
Land Management ◽  
Russian Federation ◽  
Industrial Complex ◽  
Federal Law ◽  
Land Relations ◽  
The Russian Federation ◽  
The Government ◽  
Wide Experience ◽  
State Registration

The article considers a new version of the draft Federal Law "Land Management" finalized after consideration with the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) of the Department of Natural Resources, Land Relations and Agro-Industrial Complex of the Government of Russia and submitted on December 11, 2020 for approval in the Ministry of Agriculture of the Russian Federation. The article contains critical remarks and proposals, and also underlines the necessity to take wide experience of our country into account.

scholarly journals CHOICE OF THE TYPE OF PERMITTED USE OF A LAND PLOT BY ITS RIGHT OWNER: PROBLEMS OF LEGAL REGULATION

2021 ◽  
Vol 31 (2) ◽  
pp. 251-256
Author(s):  
G.L. Zemlyakova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Federal Legislation ◽  
Constitutional Court ◽  
Land Plot ◽  
The Russian Federation

The reason for writing this article was the Resolution of the Constitutional Court of the Russian Federation of October 16, 2020 No. 42-P, the adoption of which is due to the lack of proper legal regulation of the choice of the type of permitted use of a land plot by its rightholder. Federal legislation does not directly provide for the obligation of the rightholder of a land plot to choose the type of its permitted use, and there is no procedure for its implementation. Therefore, the coercion of the rightholder to conduct cadastral registration of a land plot in connection with the choice or change of its permitted use, and even more so bringing to responsibility for the use of the land plot not in accordance with its permitted use due to failure to fulfill such an obligation cannot be recognized as legal and justified. In this regard, the author made proposals for improving the legislation.

Special legal regime of natural resources - the basis of Natural Resource Law

2021 ◽  
pp. 66
Author(s):  
Mikhail M. Brinchuk
Keyword(s):  
General Theory ◽  
Natural Resources ◽  
Russian Federation ◽  
Natural Resource ◽  
Constitutional Court ◽  
Legal Regime ◽  
Exceptional Value ◽  
The Russian Federation ◽  
Theory Of Law

The article explores the special legal regime of natural resources. The position is evaluated of the Constitutional Court of the Russian Federation also and the provisions of the General theory of law on a special legal regime are considered. Analyzed the special legal regime of natural resources. Nature is investigated as an exceptional value for society and, accordingly, the object of a special legal regime.

scholarly journals To the problem of legal regulation of agricultural land turnover in the Russian Federation

2020 ◽  
Vol 176 ◽  
pp. 06005
Author(s):  
Irina P. Chupina ◽  
Natalia N. Simachkova ◽  
Oksana S. Trotsenko
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Life Support ◽  
Legal Regulation ◽  
Point Of View ◽  
Natural Fertility ◽  
Legal Regime ◽  
Land Relations ◽  
Legitimate Interests ◽  
The Russian Federation

The authors comprehensively investigated theoretical and practical problems of legal regulation of agricultural land turnover in the Russian Federation. They analyzed the jurisprudence in the field of agricultural land turnover, examined the legal regime of agricultural land in the Russian Federation, investigated the peculiarities of land plots turnover from agricultural lands, identified a number of significant problems in the legislation in the field of legal regulation of agricultural purposes land turnover. It is difficult to overestimate the importance of land, which is a nonrecoverable natural resource. From this point of view, agricultural land has a unique unrepeatable natural fertility capacity that determines the possibility of producing life support products, being an essential component of the environmental system. In the annual Address to the Federal Assembly of the President of Russia in 2019, V.V. Putin, specifying the main directions of strategic development of the country, noted the high importance of the land legislation development. The peculiarities of the agricultural land plots turnover are due to the public nature of land relations regulation. For this category of land, a special legal regime is established for food security purposes of Russia, which leads to the prevention of removing these lands from agricultural circulation, as well as building development. According to articles 9, 36 of the Constitution of the Russian Federation, “land and other natural resources are used and protected in the Russian Federation as the basis for the lives and activities of peoples living on the the relevant territory” and the exercise of authority by land owners is limited to conditions for potentially damaging the environment and violation of rights and legitimate interests of other persons.

scholarly journals The subject of judicial control in consideration of complaints: controversial issues of legal regulation

2021 ◽  
Vol 2021 (2) ◽  
pp. 104-109
Author(s):  
El'vira Mirgorodskaya
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
The Russian Federation

The purpose of this study was an attempt to theoretically understand the subject of judicial consideration of complaints against decisions, actions (inaction) of officials carrying out criminal prosecution. The research was carried out on the basis of comparative legal, formal logical, empirical, statistical methods. Judicial statistics for the year 2020 have been provided, and legislation has been studied from a historical and contemporary perspective, taking into account the practice of the Constitutional Court of the Russian Federation. The problem is that, in practice, for about 20 years the courts have had difficulties in determining the subject of complaints, since neither in theory nor in practice a consensus has been developed on this issue. The Criminal Procedure Code of the Russian Federation also does not contain a definition of the concept of «subject matter». The situation is aggravated by the presence of evaluative concepts in the text of the law, leading to a varied understanding of the subject of appeal by the courts, which leads to a violation of the constitutional rights of citizens at the pre-trial stages of criminal proceedings. In the article, taking into account the analysis of the practice of the Constitutional Court of the Russian Federation, legislation and the opinion of scientists, a recommendation was made to amend the Criminal Procedure Code of the Russian Federation to specify the subject of consideration of complaints in accordance with Art. 125 of the Criminal Procedure Code of the Russian Federation in order to eliminate existing contradictions in practice and increase the level of protection of individual rights in pre-trial proceedings.

scholarly journals PROCEDURE THE IMPLEMENTATION OF THE CONSTITUTIONAL PROCEEDINGS IN THE RUSSIAN FEDERATION AND IN THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Екатерина Ганичева ◽  
Ekaterina Ganicheva
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Former Soviet Union ◽  
Practical Interest ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Public Authorities ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Republic

The article is devoted to the problems of development of legislation which determines the procedure of the constitutional proceedings, the procedural status and terms of participants’ activity in the Russian Federation and in the Republic of Belarus. Constitutional justice is a relatively new Institute in a legal system of Russia and other former Soviet republics. Conditions for its formation in the former Soviet Union have common as well as specific features. The comparison of the place and role of the constitutional court in system of public authorities and the procedural legal regulation of the constitutional justice is of obvious scientific and practical interest now because a clear, systematic regulation is very important for creating the conditions to allow objectively and comprehensively examine and resolve the constitutional conflict. Highlighting the characteristic features of the Federal constitutional law «On the constitutional Court of the Russian Federation» and the Law of the Republic of Belarus «On constitutional proceedings», the author comes to the conclusion about the necessity of development and specifying of the activity of the Constitutional Court of the Russian Federation by improving the using of traditional procedural-legal institutions taking into account the unique status of the highest judicial body of the constitutional control.

scholarly journals Grounds for Canceling Seizure in Pre-Trial Criminal Proceedings

2020 ◽  
pp. 228-233
Author(s):  
Boris B. Bulatov ◽  
◽  
Alexander S. Dezhnev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Public And Private ◽  
Private Interests ◽  
Procedure Code ◽  
Civil Lawsuits ◽  
The Russian Federation

The article examines the normative legal basis of the grounds for canceling property seizure in pre-trial criminal proceedings. The problem of the legislator’s usage of evaluative categories in removing investigator’s, interrogator’s or court’s restrictions is also analyzed. The solution of this problem is made dependent on the implementation of public or private interests. Discussing these issues, the authors come to the conclusion that this sphere is neither presented nor analyzed in academic monographic works. This circumstance indicates the novelty of the study owing to the legal positions of the Constitutional Court of the Russian Federation on the issue. The conclusion about the priority of public principles over private interests concerning matters which are not related to civil lawsuits is made on the grounds of empirical data and the analysis of legislative approaches. The contradictions of the provisions of the Criminal Procedure Code of the Russian Federation regulating the basis and procedure for canceling property seizure and the laws on bankruptcy are identified. The directions for improving the legal regulation of these issues are presented. The necessity of a multisectoral regulation of some aspects of law enforcement is inferred. The examination of private principles in canceling property seizure is connected with securing a civil lawsuit in criminal proceedings. The authors substantiate the existence of additional opportunities in making decisions in this field via the legal regime. This regime is also used in some other legal acts and may be put into practice in accordance with the Criminal Procedure Code of the Russian Federation. However, the imposed restrictions can be canceled on the basis of the decision by a person considering a criminal case. The authors note the incoherence of some provisions of Part 3 and Part 9 of Article 115 of the Criminal Procedure Code of the Russian Federation. This incoherence is connected with different approaches to the view on public and private interests in decision making. The authors substantiate the necessity of a legal linking of grounds for canceling property seizure with the decision on imposing this resriction. The conclusion about the comprehensive order of property seizure is made in the final part of the article. It is also stated that this order does not contain distinct criteria of the legality of the decision. Certain parts of the criminal procedure laws should be corrected. Some ways to improve the field of legal regulation concerning the opportunity of canceling seizure are given.

scholarly journals Legal regulation of the use and protection of the Arctic Zone of the Russian Federation: certain relevant issues

2022 ◽  
pp. 1-11
Author(s):  
Olga Anatolevna Samonchik
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
Russian Federation ◽  
Local Population ◽  
Legal Regulation ◽  
The Arctic ◽  
Arctic Zone ◽  
Traditional Management ◽  
Native Habitat ◽  
The Russian Federation

The subject of this research is a set of legal norms regulating social relations that arise in the context of use and protection of the Arctic zone of the Russian Federation. The goal lies in formulation of the conclusions and recommendations for the improvement of legal regulation in this sphere. The relevance of the selected topic is substantiated by interest of the state in the development of Arctic Zone as a strategic resource base for accelerating the economic growth of the Russian Federation. Among the priority national interests are also the environmental protection of region, conservation of the native habitat and traditional way of living of the indigenous small-numbered peoples. This emphasizes the importance of intensification of use and preservation of the vulnerable areas of the region. The author dwells on the current issues of the formation of territories of traditional management of natural resources and legal status of their lands; rights of the indigenous peoples to land in their native habitat and traditional economy; provision of land plots to entrepreneurs who are the residents of the Arctic Zone; protection of the Arctic lands, etc. The conclusion is made on the existence of gaps and contradictions in legislation of the indicated sphere, which requires revision and improvement. This pertains to the questions of formation of the territories of traditional management of natural resources, maintenance and modification of their boundaries, establishment of the special protection regime in the federal law, etc. The scientific novelty lies in the fact that the adopted simplified procedure for providing entrepreneurs who are residents of the Arctic Zone with land plots aimed at expansion of the development of natural resources of the Arctic, may negatively affect the status of lands and overall fragile environment of the Arctic Zone, and thus, lead to infringement upon the interests of the local population, including the indigenous peoples. The author formulates a number of recommendations for the improvement of legislation, among which is the amendments to the Paragraph 2 of the Article 39.34 of the Land Code of the Russian Federation on the establishment of highly restricted cases of termination of permits using the land plots by the indigenous small-numbered peoples.

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