scholarly journals Review of the Thesis by S.A. Agamagomedova Administrative Law Regulation of Customs Control in the Russian Federation in Conditions of Eurasian Integration

2020 ◽  
Vol 3 ◽  
pp. 80-83
Author(s):  
Vladimir I. Mayorov ◽  
Keyword(s):  
Russian Federation ◽  
Administrative Law ◽  
The Russian Federation ◽  
Law Regulation

scholarly journals The Mechanism of the Administrative Law Regulation of Migration Security in the Russian Federation: The Concept, Peculiarities, Elements (Administrative Law Means) and Stages

2021 ◽  
Vol 6 ◽  
pp. 9-16
Author(s):  
Aleksey V. Stepanov ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Administrative Law ◽  
Law And Order ◽  
Dynamic Part ◽  
Legal Remedies ◽  
Static Approach ◽  
The Russian Federation ◽  
The Stability ◽  
Law Regulation

The article gives the grounds of the author’s approach to the content of the mechanism of administrative-legal regulation of migration safety and security in Russia (hereinafter referred to as the mechanism of migration security and security). Some specifics of the mechanism of migration safety and security are described. Static and dynamic approaches to understand the content of migration safety and security are pointed. In the context of static approach the author reveals the indications of administrative-legal remedies and enumerates them referred to as the elements of the mechanism of migration security. It is paid the attention on dynamic part of the mechanism of migration security considered as the system of interrelated, specifically ordered, followed each other stages leading with the help of corresponding forms and methods to concrete results — the stage of protection from menaces and the stability of the law and order. In conclusion the author formulates the concept of the mechanism of administrative-legal regulation of safety and security.

scholarly journals A Review of the Thesis by L.Yu. Kulikovskaya Administrative Law Regimes of the Arctic Zone of the Russian Federation

2021 ◽  
Vol 6 ◽  
pp. 83-85
Author(s):  
Oleg V. Ziborov ◽  
Keyword(s):  
Russian Federation ◽  
September 11 ◽  
Administrative Law ◽  
The Arctic ◽  
State University ◽  
Arctic Zone ◽  
Saint Petersburg ◽  
The Russian Federation ◽  
Law Regulation

Defense of a thesis by L.Yu. Kulikovskaya dedicated to the relevant problem of the administrative law regulation of a strategically important territory of the Russian Federation, namely its Arctic Zone, took place before the dissertation council created based on the National Research Lobachevsky State University of Nizhny Novgorod and the Saint Petersburg University of the Ministry of the Interior of Russia on September 11, 2020.

Financial security and law in the digital age (International scientific and practical conference ("Piskotin's readings - 2021"), April 15, 2021)

2021 ◽  
pp. 176
Author(s):  
Margarita N. Kobzar-Frolova
Keyword(s):  
Russian Federation ◽  
Administrative Law ◽  
Financial Security ◽  
Existing Problems ◽  
Russian Academy Of Sciences ◽  
Academic Level ◽  
Digital Era ◽  
The Russian Federation ◽  
Academy Of Sciences ◽  
Practical Conference

The Institute of State and Law of the Russian Academy of Sciences has a long tradition of honoring outstanding Soviet and Russian scientists who at different times served and developed legal science at the highest academic level. One of such recognized outstanding scientists was the Honored scientist of the Russian Federation, Doctor of Law, Professor Mikhail I. Piskotin (1924 - 2003). Mikhail I. Piskotin devoted many years to the formation and strengthening of the science of Financial Law and its sub-branches (tax, Budget Law), in every possible way contributed to the development of the science of Administrative Law. 1973 - 1989 worked at the Institute of State and Law of the Academy of Sciences of the USSR as head of the sector and editor-in-chief of the journal "Soviet State and Law". In his memory and with respect to his merits, the scientific community annually holds scientific events. In April 2021, an International scientific and practical conference was successfully held, the topic of which was "Financial security and law in the digital era ("Piskotin’s readings - 2021"). The organizer of the conference is the sector of Administrative Law and administrative process, the Institute of State and Law of the Russian Academy of Sciences. A distinctive feature of this conference was that as its participants, academic theorists and practitioners in the field of financial and administrative law from leading academic and research organizations from the Russian Federation, as well as citizens of individual European states and Asia, announced and made reports on topical topics. The purpose of the conference was to consider current problems, current trends and prospects for the development of Financial Law in the digital era. The participants were especially interested in those reports in which not only the existing problems were raised, but also the directions and ways of their solution were expressed. As a result of the work, the participants adopted the Resolution of the International scientific and practical conference "Financial security and law in the digital era ("Piskotin’s readings - 2021").

Suspended Sentence and Placement in a Special Educational Institution: Features of Application and Correlation in the Context of the Systematic Nature of Criminal Law

2021 ◽  
pp. 267-271
Author(s):  
Vаleria A. Terentieva ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Educational Institution ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Simultaneous Application ◽  
Closed Type ◽  
The Russian Federation ◽  
Law Regulation

The systematic nature of criminal law forms the main features of the industry, namely: normativity, universalism, that is, the absence of casuistry and obligation. The strict consistency of both the entire industry and its individual institutions allows avoiding the redundancy of criminal law regulation, clearly determining the legal status of a person in conflict with the law. However, the norms of the Criminal Code of the Russian Federation do not always meet these requirements due to defects in legal technology, and, sometimes, gaps in regulation. In practice, the courts, in an effort to minimize the above defects, sometimes resort to excessive criminal law regulation; as an example, the article gives the ratio of the application of suspended sentence and placement in a special educational institution of a closed type. The article analyzes sentences to minors in which Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation were simultaneously applied in one sentence for the same act. For a comprehensive study, the article analyzed sentences to minors held in special educational institutions of a closed type for the period from 2014 to 2020, criminal statistics posted on the website of the Judicial Department of the Supreme Court of the Russian Federation, as well as various points of view of leading legal scholars. The research methods of static observation, analysis and synthesis, the system-structural method, as well as a number of factographic methods, were used. The study develops from the general to the specific, i.e., first, systematicity is analyzed as a property of the branch of criminal law and then as a property of a legal institution, namely, the release of minors from criminal liability. Consistency as a property of the institution of exemption from criminal punishment presupposes the impossibility of intersecting elements within one institution. Special attention is paid to the legal nature of suspended sentence as the most common punishment measure for minors, and its effectiveness. Then the cases of the simultaneous application of Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation are analyzed. In the course of the study, the author examines the features of suspended sentence and placement in a special educational and educational institution of a closed type, compares these two forms of criminal liability, and highlights the differences. The conclusion is that the simultaneous placement in a special educational institution of a closed type and suspended sentence are a redundancy of criminal law regulation. The article raises the question of the need to improve the Criminal Code in terms of the development of placement in a special educational and educational institution of a closed type as a type of exemption from criminal punishment: the court is to be provided with the opportunity to control the juvenile offender’s correctional process.

scholarly journals On the Issue of Problems of the Administrative Law Regulation of Civil Firearms Circulation for Self-Defense in the Russian Federation

2021 ◽  
Vol 4 ◽  
pp. 74-78
Author(s):  
Ilya S. Gorshkov ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Administrative Law ◽  
Public Security ◽  
General State ◽  
Degree Of Protection ◽  
Self Defense ◽  
Special Place ◽  
The Russian Federation

The general state of providing public security, in which a most important element is the degree of protection of the person from socially dangerous attacks, in any state, is directly related to the quality of regulation of some public relations that directly affect this criterion. Among such public relations, undoubtedly, take a special place the trafficking of civilian firearms for self-defense.

scholarly journals The Impact of Brainerd Currie’s Governmental Interest on the Principle of the Closest Connection

Lex Russica ◽  
2020 ◽  
pp. 9-19
Author(s):  
Т. V. Novikova
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Matter Field ◽  
Regulation Mechanism ◽  
Private International Law ◽  
The Russian Federation ◽  
Substantive Law ◽  
The Impact ◽  
Law Regulation ◽  
Conflict Of Law

In modern private international law, the principle of the closest connection involves not only the identification of the prevailing territorial connection, but also the consideration of substantive factors (protection of a weaker party, preferability to keep the transaction valid, etc.). The paper substantiates the thesis that, being initially based on the territorial localization of the relationship, the analyzed principle in the course of its development was enhanced with the achievements of others doctrinal approaches to the resolution of the conflict-of-law issue, including the concept of “governmental” or “state” interest developed by American legal scholar Brainerd Currie. A genius breakthrough suggested by B. Currie is examined as an attempt to overcome the mechanical approach of conflict-of-law rules, expand the subject matter field of assessment at the stage of resolving the conflict-o-law issue and, ultimately, evaluate the substantive law result of this decision within the framework of understanding law as a tool for the protection of an individual by the state. Nevertheless, substantive law factors, contrary to one of the main tenets of B. Currie’s teaching, do not replace traditional conflict-of-laws rules at all. To the extent that the conflict-of-law regulation mechanism balances predictability and flexibility of decisions, it complements the search for territorial connection with substantive law considerations. The research makes it possible to conclude that the principle of the closest connection in private international law of the Russian Federation, in the context of global trends in the development of approaches to the resolution of conflict-of-law issues, is complex in nature, as indicated by the explanation of the Plenum of the Supreme Court of the Russian Federation that “when determining the closest connection, the court,” first, establishes ”the prevailing territorial connection” and, second, “may take into account the application of the law of which country will best realize the universally recognized principles of civil law and of its institutions.” As a consequence, it is the combination of territorial and substantive law components in the content of the principle of the closest connection that provides an appropriate balance between predictability and flexibility of the modern mechanism of conflict-of-law regulation.

scholarly journals Leniency programmesfor cartel: mature reforms

2018 ◽  
pp. 24-33
Author(s):  
K. N. Aleshin ◽  
S. V. Maksimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Administrative Law ◽  
The Russian Federation ◽  
Main Factors ◽  
The Law ◽  
Definition Of ◽  
The Right

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.

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