scholarly journals Nuclear Materials Ownership in the Russian Federation

2021 ◽  
Vol 4 ◽  
pp. 99-104
Author(s):  
Sergey A. Babich ◽  
Keyword(s):  
Energy Use ◽  
Legal Status ◽  
Legal Regulation ◽  
Regulation System ◽  
Nuclear Materials ◽  
Legal Analysis ◽  
State Control ◽  
Nuclear Facilities ◽  
Safety Issues ◽  
Legal Writing

In response to the challenges of the epoch, “nuclear” laws currently regulate safety issues related to handling of nuclear materials, nuclear facilities operation, related transactions, nuclear waste processing and disposal, state control over the nuclear energy use, and international cooperation in the nuclear sphere. One of the most important institutions of the “nuclear” regulation system in Russian law is the institution of ownership of nuclear materials, understood by the modern legislator as materials containing, or capable of reproducing, fissile (fissionable) nuclear substances. Consolidating the rules of nuclear materials ownership, the legislator further formulates requirements for nuclear materials control and accounting, transactions procedure, and safe operation of nuclear facilities, as well as introduces liability for violation of such requirements. Today, many aspects related to the legal status of nuclear materials owners and the notion of handling nuclear materials deserve a deep legal analysis, since the current legal regulation has gaps and contradictions. The legal writing method used to word such norms, structures, and basic notions must meet the criteria of clarity, unambiguous interpretation, and absence of regulatory gaps, that is why the system of legal regulation of the institution of nuclear materials ownership needs further improvement.

scholarly journals NUCLEAR MATERIALS OWNERSHIP IN THE RUSSIAN FEDERATION

2021 ◽  
Vol 4 ◽  
pp. 40-47
Author(s):  
Sergey A. Babich ◽  
Keyword(s):  
Energy Use ◽  
Legal Status ◽  
Legal Regulation ◽  
Regulation System ◽  
Nuclear Materials ◽  
Legal Analysis ◽  
State Control ◽  
Nuclear Facilities ◽  
Safety Issues ◽  
Legal Writing

In response to the challenges of the epoch, “nuclear” laws currently regulate safety issues related to handling of nuclear materials, nuclear facilities operation, related transactions, nuclear waste processing and disposal, state control over the nuclear energy use, and international cooperation in the nuclear sphere. One of the most important institutions of the “nuclear” regulation system in Russian law is the institution of ownership of nuclear materials, understood by the modern legislator as materials containing, or capable of reproducing, fissile (fissionable) nuclear substances. Consolidating the rules of nuclear materials ownership, the legislator further formulates requirements for nuclear materials control and accounting, transactions procedure, and safe operation of nuclear facilities, as well as introduces liability for violation of such requirements. Today, many aspects related to the legal status of nuclear materials owners and the notion of handling nuclear materials deserve a deep legal analysis, since the current legal regulation has gaps and contradictions. The legal writing method used to word such norms, structures, and basic notions must meet the criteria of clarity, unambiguous interpretation, and absence of regulatory gaps, that is why the system of legal regulation of the institution of nuclear materials ownership needs further improvement.

scholarly journals SOME ASPECTS OF THE LAWYER'S INVOLVEMENT IN THE NOTARIAL PROCESS

2020 ◽  
pp. 5-11
Author(s):  
M. Bondareva ◽  
S. Rabovska
Keyword(s):  
Legal Status ◽  
Case Law ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Functional Importance ◽  
Power Of Attorney ◽  
Negative Effects ◽  
Functional Component ◽  
Legal Situation ◽  
Legal Fact

The article examines the role and functional importance of the lawyer's involvement in the notarial process, discusses the peculiarities of the lawyer's procedural activity in committing certain groups of notarial proceedings. Based on the analysis of judicial and notarial practice, the authors consider the issues of registration of the powers of the lawyer who provides representation in the notarial process. The article concludes that it is necessary to eliminate ambiguous understanding of documentary confirmation of the representative's powers. The specifics of participation in the notarial process and the peculiarities of legal regulation for such participation are determined by the nature of procedural formalities in the sphere of the notarial process. The necessity of determining the lawyer's powers in the notarial process on the basis of a power of attorney issubstantiated. The specifics of the lawyer's activity in the notarial process are proposed to be determined on the basis of two significant aspects: the legal status of the person represented by the lawyer and the nature, complexity, subjectivity of the notarial proceedings. Since the notarial procedure involves the search for the most favorable, acceptable to the parties options for solving their legal situation, the use of various instruments of legal technique, the negative effects of the lawyer's participation in the dynamics of notarial proceedings areanalyzed. Particular attention is paid to the functional component of the lawyer's participation in the notarial proceedings in terms of the stage of the notarial process. Based on the analysis of the case law and the practice of notary decrees on the refusal to perform a notarial act, it is concluded that most of the refusals were made on the grounds that could be eliminated or corrected by the applicant. The paper also stipulates the expediency of the lawyer's involvement in the notarial process for the purpose of increasing the efficiency of such a process. The efficiency of the lawyer's participation in the stage of preparation for the execution of the notary proceedings is determined in order to ensure the legal analysis of the documents as should be provided by the applicant for confirmation of one or another legal fact; legal analysis of the grounds for refusal of a notary in committing notarial proceedings; ways of adjusting the course of the notarial process, offering alternatives to solving the legal situation of theperson. The article highlights the problematic aspects of the personal participation of a person on behalf of and in the name of whom the notarial proceedings are committed. Cases where such participation is mandatory are demonstrated. Based on the research, the authors of the article offer independent conclusions and judgments on the analyzed topics.

The Role of Local Governments in the Japanese Nuclear Governance: Case Analysis of “Safety Agreements” in Siting Areas

2009 ◽  
Author(s):  
Shin-etsu Sugawara ◽  
Hiroshi Kimura
Keyword(s):  
Local Governments ◽  
Nuclear Power ◽  
Power Plants ◽  
Nuclear Safety ◽  
Regulation System ◽  
Public Confidence ◽  
Nuclear Facilities ◽  
National Regulation ◽  
Safety Issues

Non-institutional measures often play an important role in the governance between technology and institutional system which have legal basis. In this study, we analyze the role of the “safety agreements” in Japan’s current regulation system of nuclear power plants (NPPs). In Japan, the national government regulates exclusively the safety of nuclear facilities based on the regulaions. But local governments also involve in the nuclear safety regulation de facto, to protect the publics’ safety and welfare. All the local governments in the siting areas concluded “safety agreements”, a gentleman-like agreement between local governments and power companies on safety issues. These Agreements contain various provisions, such as, the immediate notification procedures of accidents in NPPs, the access and inspection of NPPs after accidents, etc... However, these provisions don’t have a legal-binding of the power companies but, the local governors and local governments sometimes strongly assert the control for the restart operation of NPPs after the accidents utilizing the “safety agreements” as the pretext. This situation has sometimes been criticized by some experts who argue that the “safety agreements” have become an obstacle for stable NPPs operation and electricity supply. Since there are no studies which analyze the actual situations of local governments’ control on nuclear safety based on the “safety agreements,” we analyzed the situation by performing a qualitative survey and conducting a series of interview with personnel of the power companies and local governments. We found from our analysis that the “safety agreements” were utilized positively. For example, the inspection of NPPs by local government functions as an endorsement for the national regulation and assures public confidence. In this case the “safety agreements” promote and provide public acceptance on nuclear governance. However, the measures in these “safety agreements” could be over-extended in the political contexts because of the ambiguity and flexibility in the interpretation. In our paper, we would illustrate the merits and demerits of the role of local governments based on these “safety agreements” and suggest to improve the nuclear safety governance within the local governments’ capacity.

State and municipal service

2019 ◽  
Author(s):  
Юрий Кузякин ◽  
Yuriy Kuzyakin ◽  
Артём Ермоленко ◽  
Artem Ermolenko
Keyword(s):  
Public Service ◽  
Military Service ◽  
Legal Status ◽  
Legal Regulation ◽  
Municipal Services ◽  
Legal Analysis ◽  
Municipal Service ◽  
Municipal Employees ◽  
The Russian Federation ◽  
Individual Service

The textbook examines the concept, types and order of passage of the state civil service, military service, other types of public service and municipal service. The legal status of state and municipal employees, the principles and sources of legal regulation of official activities in Russia are analyzed. The authors conducted a comparative legal analysis of state and municipal services in the Russian Federation. Considerable attention is also paid to the procedure for considering individual service disputes and combating corruption in the system of state and municipal services.

scholarly journals Some issues of legal regulation (of the legal status) control and accounting bodies of municipalities

2020 ◽  
Vol 2020 (2) ◽  
pp. 82-88
Author(s):  
Oleg Kozhevnikov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Legal Analysis ◽  
Federal Law ◽  
Government Organization ◽  
The Past ◽  
The Status ◽  
The Russian Federation

Almost three decades have passed since the appearance of the Law of the Russian Federation from 06.07.1991 No. 1550-1 «On local self-government in the Russian Federation». Over the past historical stage, the regulatory framework of local self-government and its bodies has significantly transformed: this applies to the concept of local self-government, territorial and organizational foundations, and of course the legal status of individual local self-government bodies. This article provides a comparative legal analysis of certain provisions of Federal law No. 131-FZ of 06.102.2003 «On General principles of local self-government organization in the Russian Federation» and Federal law No. 6-FZ of 07.02.2011 «On General principles of organization and activity of control and accounting bodies of subjects of the Russian Federation and municipalities» in the part concerning control and accounting bodies of municipalities. Based on the results of this analysis, significant contradictions were identified in the basic Federal normative legal acts regulating the legal status of the control and accounting body of a municipality, which need to be corrected by the Federal legislator in order to increase the level of unity and consistency in the legal regulation of the status of one of the most important bodies in the system of local self-government-the control and accounting body of a municipality.

scholarly journals University autonomy: a prerequisite for the development of Russian higher education in the context of digitalization

2020 ◽  
Vol 11 (4) ◽  
pp. 877-902
Author(s):  
Ilia A. Vasilyev ◽  
◽  
Nelli I. Diveeva ◽  
Ekaterina A. Dmitrikova ◽  
Anastasia A. Kashaeva ◽  
...  
Keyword(s):  
Education System ◽  
Legal Status ◽  
Legal Regulation ◽  
State Control ◽  
Educational Organizations ◽  
University Autonomy ◽  
Legal Form ◽  
Russian Higher Education ◽  
Financial Audit ◽  
Regional Specificity

Autonomy as a fundamental guarantee for the implementation of educational activities accompanied the formation of the first universities, subsequently acquiring regional specificity. The education system in Russia objectively operates by a different structure for the interrelation of the subjects and mechanisms in order for educational organizations to implement their activities compared to the era of the first universities. In the article, the authors identify and propose to consider the key nodes of the legal status of universities: organizational and legal form as a legal shell, proprietary rights in property, methods of financing, tax preferences, and forms of control over activities. The study of these features is important for answering the questions of whether they lead to the emergence of a new model of legal regulation of universities and whether there is a correlation with university autonomy. Both answers, as shown in the article, are negative. The decision should not come only “from above”, although the state recognition of the independence of universities should be expressed in the expansion of their powers in property and financial spheres. Educational organizations themselves must realize the value of autonomy, starting with the formulation of their mission, which is presented formally and not meaningfully in the charters of Russian universities. The mission of the article’s authors is seen in the ability to make independent decisions and be responsible for such decisions. The participation of a public entity in the functioning of universities today seems to be excessive: goal setting, state task, and state control should not suppress the autonomy of educational organizations. The use of various public resources may become a Solomon solution: supervisory and board of trustees, student government, internal financial audit, and others. Finally, the latest and far from the last challenges to the education system (digitalization, pandemic) are shifting the area of responsibility to the universities themselves, which will have to make operational decisions based on their vision of the current situation. For this to occur, educational organizations need to understand the degree of their autonomy.

scholarly journals Prospects for settlement of the legal status of cryptocurrency in Ukraine

2021 ◽  
pp. 152-157
Author(s):  
V.M. Lohoyda
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Legal Regulation ◽  
Securities Market ◽  
Intangible Asset ◽  
Legal Analysis ◽  
Electronic Money ◽  
Current State ◽  
Legal Nature ◽  
The One

The article is devoted to the current state and prospects of further legislative regulation in Ukraine of the legal status of cryptocurrency (cryptoassets), primarily in terms of the need to clearly define its place in the system of objects of civil rights. The author emphasizes on the current uncertainty at the national and international level about the legal nature of cryptocurrency that causes gaps in the legal regulation of this phenomenon, which on the one hand allows its free and accelerated development, but on the other - creates significant legal risks for participants of the relevant legal relationships. Based on the comparative legal analysis of the approaches of different countries to the qualification of the legal essence of cryptocurrency, as well as the analysis of the Laws of Ukraine "On Prevention of Corruption", "On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing  Terrorism and Financing Spread of the Weapon of Mass Destruction”, the draft Law of Ukraine“ On Virtual Assets ”№3637 of 11.06.2020 adopted as a basis and prepared for the second reading by the Parliament and opinions of national regulators of financial market and securities market the author considers as a debatable approach of Ukrainian authorities to regulation circulation of virtual assets and, in particular, such their type as a cryptocurrency, as an intangible asset (other intangible goods). There is a contradiction of such a qualification in terms of traditional features of intangible assets (pronounced personal nature, the impossibility of the existence of such goods in isolation from the subject of law without his consent, lack of property and economic content) and the economic purpose of cryptocurrency as a mean of payment. In this regard, the author concludes that there should be an expediency of classifying this object of civil rights as a special (private) form of money, for which he proposes to carry out a more detailed civil law classification with a division into fiat (cash, non-cash, digital) and private (cryptocurrencies and electronic money).

On the differences in the fundamentals of legal regulation of external and internal state financial control

2021 ◽  
pp. 72-90
Author(s):  
Anton Vyacheslavovich Abrosimov
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
Internal State ◽  
Legal Regulation ◽  
Financial Control ◽  
Complex Nature ◽  
State Control ◽  
Policy Document ◽  
History Of

This article analyzes the differences in the fundamentals of legal regulation of internal and external state financial control, as well as the legal status of branches exercising internal and external state control in the financial and budgetary sphere. The goal of this article consists in the comprehensive analysis of their legal regulation to answer the question on the possibility of unification of the norms of financial control in a single normative legal act, as well as on the need for systematization of the theoretical framework in this sphere within the framework of any policy document. Analysis is conducted on the specific aspects characteristic to legal regulation of external and internal state financial control, as well as on the peculiarities of the history of their development. The article examines the role of international institutions in creation of legal regulation in the indicated sphere of public relations. The scientific novelty consists in consideration of the key features of internal and external state financial control, as well as the corresponding conceptual apparatus for the purpose of systematization of their legal regulation. The conclusion is made on the possibility of systematization of financial control; however, due to the complex nature of financial law and substantial differences in different spheres of financial relations and exercising of different types of financial control, such systematization should take place not within the framework of law, but rather within the framework of policy document. The author believes that namely the creation of the concept for the development of financial control is the preferential way for unification of the  conceptual framework, as well as the main methods of regulation and organization of financial control.

Main stages of establishment of farms in independent Ukraine

2021 ◽  
pp. 125-132
Author(s):  
M. Dolynska
Keyword(s):  
Legal Status ◽  
Functional System ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Family Farms ◽  
Peasant Farmer ◽  
Legal Entity ◽  
Natural Person ◽  
The Status ◽  
Logical Semantic

Purpose. The aim of the article is to outline the evolution of the formation of farms from peasant (farmer) farms to family farms during 1991-2021 in independent Ukraine; to distinguish separate stages of development of various agricultural formations, which were called "farms" in independent Ukraine. Methodology. The methodology covers a comprehensive analysis and generalization of available scientific and theoretical material and the formation of relevant conclusions and recommendations. The following methods of scientific cognition were used during the research: comparative-legal, logical-semantic, functional, system-structural, and logical-normative. Results. In the course of the research, the historical and legal analysis of the legal status of the most common types of agribusiness entities such as peasant farms, family farms of independent Ukraine is carried out. Scientific novelty. Having analyzed the development of farming in Ukraine during 1991-2021, five main stages of the development of farming in independent Ukraine are determined. The author states that the main types of farms in Ukraine since 2017 are: a farm-legal entity and a farm without the status of a legal entity, which is registered as a natural person-entrepreneur. Members of one family who have established a farm in the form of a family farm based on registration of a natural person-entrepreneur are co-entrepreneurs of the above-mentioned family farm.Practical significance. The results of the research can be used in lawmaking and law enforcement during the preparation of normative and legislative acts on the legal regulation of farming.

scholarly journals Immigration status of foreign citizens as a subject of administrative and legal regulation in host countries (rather-legal analysis)

2020 ◽  
Vol 210 ◽  
pp. 16018
Author(s):  
Zinaida Stolyarova ◽  
Albina Uskova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Immigration Status ◽  
Host Countries ◽  
Foreign Countries ◽  
The Russian Federation

One of the topical issues that refer to legal status of foreign residents who live in host countries is the change of a purpose of entering this country, which entails the change of their immigration status. The paper deals with the issues of legal regulation of immigration status of foreign citizens, analyzes the experience of both foreign countries and the Russian Federation in resolving the issue of changing the immigration status without leaving a country. The authors have made some proposals on improving the system of legal regulation in the Russian Federation, which would help efficiently solve the problem under analysis.

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