scholarly journals Corporate Rights and Obligations of Members of Self-Regulated Organizations: Some Law Enforcement Issues

CIVIL LAW ◽  
2021 ◽  
Vol 1 ◽  
pp. 22-26
Author(s):  
Yulia G. Leskova ◽  
Keyword(s):  
Law Enforcement ◽  
Detailed Analysis ◽  
Russian Federation ◽  
Controversial Issues ◽  
Corporate Rights ◽  
The Russian Federation ◽  
Special Rules

The article provides a detailed analysis of the court’s decision on the controversial issues of exercising corporate rights and performing corporate duties by members of self-regulating organizations that are not regulated in detail by the current legislation of the Russian Federation. Attention is drawn to the fact that the specific status of the SRO, the special corporate nature of the rights and obligations of its members requires the establishment of special rules in relation to corporate relations that arise between self-regulating organizations and its members.

Constitutional bases of the procedure for the formation and activity of representative bodies in the Russian Federation

2021 ◽  
Author(s):  
Mariya Varlen ◽  
Konstantin Mazurevskiy
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Scientific Research ◽  
Representative Democracy ◽  
Controversial Issues ◽  
Scientific Analysis ◽  
Postgraduate Studies ◽  
The Russian Federation ◽  
Points Of View

The textbook provides an in-depth comprehensive scientific analysis of the legal status of representative bodies at the federal, regional, and municipal levels, taking into account the results of the ongoing reform of constitutional legislation and law enforcement practice, various points of view on controversial issues. Special attention is paid to the problems of the implementation of the powers and the procedure for the formation of representative bodies; the legal status of a deputy of a representative body is studied in detail, the forms of activity of deputies are characterized. For students of master's and postgraduate studies in the field of "Jurisprudence". It can be useful for undergraduate and specialist students, as well as for studying the problems of representative democracy and conducting relevant theoretical and applied scientific research.

CLASS ACTIONS IN CIVIL PROCEDURE: ENFORCEMENT ISSUES

2021 ◽  
Vol 11 (5) ◽  
pp. 86-106
Author(s):  
V.V. YARKOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Class Action ◽  
Class Actions ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
Special Rules

The issues of legal regulation and the first experience of law enforcement of class actions on the example of chapter 22.3 of the Civil Procedure Code of the Russian Federation are considered. Despite the generally unified legal regulation of class proceedings in arbitration and civil proceedings, in the practice of courts of general jurisdiction there are specific issues that need to be addressed. In article value of unity of all conditions of qualification of the declared requirements as the class action is underlined, and also consequences of non-compliance of conditions of certification are revealed. Attention has been drawn to the necessity of application of the general rules of action proceedings along with the special rules of chapter 22.3 of the Civil Procedure Code of the Russian Federation in consideration of class actions. Also within the framework of this study the author concludes that each new legal institute raises a number of controversial issues in the process of law enforcement. And that is why it is very important to refer to the general provisions of the Civil Procedure Code of the Russian Federation, developed under the guidance of Professor M.K. Treushnikov, which allow to find the best solution for this or that problem of legal regulation and law enforcement.

Administrative and Legal Impact on Persons Suspected of Extremism

2021 ◽  
pp. 63-75
Author(s):  
V. V. Borodin ◽  
F. Р. Furman
Keyword(s):  
Law Enforcement ◽  
Detailed Analysis ◽  
Russian Federation ◽  
Criminal Code ◽  
Federal Law ◽  
The Russian Federation

The article examines topical issues of prosecution for committing extremist offenses provided for by the provisions of Federal Law No. 114. A detailed analysis of the practice of law enforcement of the border normлиц s of Art. 280 of the Criminal Code of the Russian Federation, Art. 282 of the Criminal Code of the Russian Federation. It is proposed to extend the institution of compulsory administrative precedence to the norm of Art. 280 of the Criminal Code of the Russian Federation.

scholarly journals Crimes against peace and security of mankind (Chapter 34 of the Criminal Code of the Russian Federation): some problems of differentiating responsibility

2021 ◽  
Vol 7 (1) ◽  
pp. 109-114
Author(s):  
Yu. O. Goncharova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Controversial Issues ◽  
Illegal Behavior ◽  
Peace And Security ◽  
The Russian Federation

This article examines the problems of constructing norms on crimes against the peace and security of mankind (Chapter 34 of the Criminal Code of the Russian Federation), analyzes the controversial issues of regulating of the qualified behavior of the subjects of these attacks. It is obvious that in Russia the regulatory, including criminal law, instruments for countering crimes against the peace and security of mankind have not yet been finally formed and have not been properly tested in practice, the designs of the compositions do not always correspond to the needs of law enforcement practice and criminological foundations. The author focuses on the study of the gaps in the implementation of the normative differentiation of responsibility, the study of the features of consolidation of qualifying features in the articles of Chapter 34 of the Criminal Code of the Russian Federation. The article notes that the saturation of the qualifying signs of the investigated criminal law prohibitions is insufficient. Currently, only five articles (Articles 354, 354.1, 359, 360, 361) of this chapter contain qualified compositions. Obviously, during the formation of the investigated criminal law prohibitions in the mid-90s of the last century, the legislator did not pay due attention to their saturation with the necessary differentiating circumstances, taking into account the criminological content and the level of social danger of one or another illegal behavior that harms the peace and security of mankind. The article proposes a number of normative decisions to consolidate a number of qualifying circumstances in the norms of Chapter 34 of the Criminal Code of the Russian Federation, the content of the nature and level of social danger of individual encroachments is analyzed, the consideration of these circumstances in the construction of qualified corpus delicti is substantiated.

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.

The Mechanism Of Implementation Of The Constitution Of The Russian Federation

2019 ◽  
pp. 36-51
Author(s):  
Anatolii Yugov ◽  
Sergey Belykh
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Cultural Development ◽  
Russian Society ◽  
Legal Nature ◽  
Legal Document ◽  
The Russian Federation ◽  
Favorable Conditions ◽  
Scientific Ideas ◽  
Rational Mechanism

The Constitution, as the main universal and comprehensive legal document, establishes fundamental principles and defines the legal basis for development of public and state life in all politically significant spheres, serves as a guarantor of legitimacy and order, gives a boost to the development of society. The special political and legal nature of the constitution, the issues of its operation and the mechanism of its implementation are of great importance. In accordance to the authors’ approach, the mechanism of implementation of the Constitution of the Russian Federation includes the following components: 1) entry of the constitution into legal force; 2) its functions; 3) constitutional algorithm of unity and differentiation of public authority; 4) forms of implementation; 5) ways of implementation; 6) subjects of implementation; 7) objects of implementation; 8) institutions for modernization; 9) guarantees of implementation. The authors conclude that the modern scientific ideas of a rational mechanism of implementation of the Constitution of the Russian Federation contribute to solving the issues of economic and cultural development of the Russian society, help creating favorable conditions for proper law enforcement, strengthening legitimacy and order.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Objectification of the Amount of Compensation for Non-Pecuniary Damage in Claims Against Medical Organizations

2020 ◽  
Vol 6 ◽  
pp. 35-44
Author(s):  
L. A. Shmarov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Medical Assistance ◽  
Criminal Proceedings ◽  
Enforcement Officer ◽  
Number Of Patients ◽  
The Russian Federation ◽  
Law Enforcement Officer

Based on the analysis of citizens’ claims against medical organizations, as well as on the basis of the analysis of the courts’ consideration of such claims, significant differences were found in the amount of compensation for non-pecuniary damage under various conditions related to both the condition of the victim of medical assistance rendered with defects and on the number of patients. It was shown that it is necessary to further accumulate material in order to obtain a more objective picture of satisfied claims and unification in the Russian Federation. Similar calculations can be carried out for other situations related to the possibility of causing moral harm, for example, disseminating information defaming the honor and dignity of a citizen, or compensating moral harm caused by unlawful actions of a law enforcement officer during criminal proceedings. Using the established average values, the court can, on the basis of established factual circumstances, calculate the amount of compensation for non-pecuniary damage in a particular case.

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