scholarly journals Non-Profit-Making Organizations Performing Functions of a Foreign Agent in the System of Non-Profit-Making Organizations: An Administrative Law Aspect

2020 ◽  
Vol 10 ◽  
pp. 62-66
Author(s):  
Anastasia A. Degtyareva ◽  

The article is devoted to determining the place of non-profit organizations that perform the functions of a foreign agent in the system of non-profit organizations. Relevance of article is determined by the tasks of improvement of legislation on NGOs, including the need to adjust the rules to balance the interests of national security of the Russian Federation and the rights and legitimate interests of non-profit organizations, which have additional responsibilities. In the current legislation, the definition of a non-profit organization performing the functions of a foreign agent is not sufficiently defined; the very use of the term “foreign agents” also controversial.

Author(s):  
K. N. Aleshin ◽  
S. V. Maksimov

The problems of interpretation of criminal law and administrative law institutes of active repentance (“leniency programmes”) in relation to cartels are considered.The definition of the effectiveness of the institution of active repentance is given as the ability of this institution to achieve the goals stipulated by law (in the aggregate or in a particular combination): 1) termination of the committed offense (crime) (“surrender”),2) assistance in investigating the relevant administrative offense (crime), 3) compensation for the harm caused by his offense (crime), 4) refusal to commit such offenses (crimes) in the future.The condition of the quadunity of these goals is investigated. It is noted that among the main factors reducing the effectiveness of administrative law and criminal law institutions of active repentance (“leniency programmes”) in relation to a cartel is the legal inconsistency of these institutions.Proposals are being made to amend par. 3 of the Notes to Art. 178 of the Criminal Code of the Russian Federation and Note 1 to Art. 14.32 of the Code of the Russian Federation Code of Administrative Offenses iin order to bring together the relevant institutions of active repentance.The necessity of legislative consolidation of general procedural rules for the implementation of the person who participated in the conclusion of the cartel, the law granted him the right to active repentance is substantiated.


Author(s):  
Natal'ya Anatol'evna Akhtanina

The subject of this research is the earlier and currently active norms of administrative legislation regulating the concept of legal offense as well as scientific literature devoted to this topic and statistical data on administrative offenses from the Russian case law. The author analyzes the essence of the signs of administrative offenses. The importance of this topic is substantiated the fact that the concept of legal offense is one of the main categories of the administrative law of the Russian Federation. Analysis is conducted on the various approaches of scholars in administrative law towards definition of this concept. The novelty of this research is defined by the importance of clear definition of the concept of administrative offense due to introduction of the New Code on Administrative Offenses of the Russian Federation into public discourse. Considering the sign of public danger of an administrative offense, the author proposes formulating Article 2.1 of the Code of the Russian Federation on Administrative Offenses in the following way: “Administrative offense is a committed punishable action or inaction of a private or legal entity, posing public danger, and carries administrative liability established by this Code or a law of a subject of the Russian Federation”.


2021 ◽  
Vol 4 ◽  
pp. 101-107
Author(s):  
A. A. Fedyunin

During the court’s consideration of the questions which are provided in the paragraph 20 Article 397 Code of criminal procedure, the definition of the circumstances, the presence or absence of which is to be determined when making decisions, it is necessary to respect the rights and legitimate interests of not only the convict but also the injured party, as well as the purposes of the punishment. The errors in establishing the circumstances that constitute the fact to be proven in the definite category of cases, lead to the cancellation or changing the court's decision. The complex structure of the subject, its features are conditioned with specifics of the process of proof in this category of cases and the specifics of legal relations that go beyond the legislation of one country. To determine the circumstances included in each of the structural units of the subject of proof, it is necessary to refer both to international legal conventions (General subject of proof) and to international legal treaties between particular States or to the domestic legislation of the Russian Federation (special subject of proof).


Author(s):  
I. A. Aleksandrov ◽  

The paper considers a number of changes made to the Strategy of the Russian Federation National Security, which was approved by the Decree of the President of the Russian Federation on July 2, 2021, in comparison with the previous strategy approved in 2015. The study is important since a new strategy has been recently enacted, and a uniform understanding of the key concepts reflected in this document seems essential. Some issues related to the fixed definitions of such concepts as “national security of the Russian Federation”, “national interests of the Russian Federation”, “strategic national priorities of the Russian Federation”, “national security protection”, “threat to national security”, “national security protection system” are analyzed. The study compares the definition of the concept “national security” fixed in the Strategy of the Russian Federation National Security, which was approved in 2021, with the options for other definitions given in the similar documents that were previously in force in Russia during the post-Soviet period of Russian history. The study additionally focuses on the transformation of national interests of the Russian Federation, which are enlisted in the recent strategy. In particular, the paper discusses the wording “saving the people of Russia, developing human potential, improving the quality of life and the well-being of citizens”. The author emphasizes that undervaluation of the strategic importance of the social sphere as a security factor in the course of economic and political reforms may cause threat of loss of citizens’ confidence in government officials, which, under certain conditions, can lead society and the country to a constitutional crisis and the collapse of federal status.


2021 ◽  
Vol 1 (8) ◽  
pp. 133-139
Author(s):  
E. A. GRIBENNIKOVA ◽  

In the article, non-profit organizations and public initiatives implemented by them are considered as a form of manifestation of the democratic structure of society. The necessity of state support for the activities and public initiatives of the non-profit sector is noted, the stages of its formation are considered. Special attention is paid to the activities of government agencies to support non-profit organizations during the COVID-19 pandemic.


2021 ◽  
Author(s):  
Boris Rossinskiy

The course of lectures corresponds to the programs of administrative law for students studying in the bachelor's degree program "Jurisprudence", as well as the specialties" Legal support of national security "and"Law Enforcement". The course of lectures summarizes the author's experience of lecturing on administrative law and administrative responsibility at the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), the Moscow University of the Ministry of Internal Affairs of Russia, the Academy of the Investigative Committee of the Russian Federation, and a number of other universities. For students, cadets, postgraduates, adjuncts and teachers of law schools and faculties, researchers, employees of state and municipal bodies, persons improving their qualifications.


2020 ◽  
Vol 2020 (3) ◽  
pp. 182-199
Author(s):  
Margarita Vasyunina

Social entrepreneurship is a developing economic and social phenomenon that needs scientific interpretation and solid legal framework. Russian and foreign researchers are actively discussing the content, boundaries, determinants of social entrepreneurship. The article examines modern approaches to the definition of social entrepreneurship, summarizes the typology of social enterprises, analyzes the characteristics of socially oriented non-profit organizations. The author gives a description of socially oriented non-profit organizations in the Russian Federation, points to the legitimacy of these organizations as a public service and recipients of government preferences and presents the reflections on the exclusion of government institutions from social entrepreneurship.


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