scholarly journals Administrative-Legal Issues of the Movement of Detained Vehicles To a Specialized Parking Lot and Their Storage

2021 ◽  
Vol 18 (2) ◽  
pp. 164-174
Author(s):  
V. B. Bashurov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Service Providers ◽  
Legal Regulation ◽  
Parking Lots ◽  
Judicial Practice ◽  
Parking Lot ◽  
The Subject ◽  
The Russian Federation ◽  
Selection Of

The subject of the study is the norms of the legislation of the Russian Federation on administrative offenses, which establish the powers of the subjects of the Russian Federation to determine the procedure for moving detained vehicles to a specialized parking lot and storing them. The object of the study is public relations related to the organization of the activities of service providers for the movement and (or) storage of detained vehicles, as well as the selection of these service providers. Within the framework of the article, the Author presents an analysis of federal and regional legislation in terms of the implementation of powers by public legal entities in this area of relations. The problems of the implementation of federal legislation, as well as the main approaches, similarities and differences of the "advanced" legal regulation of the relations under consideration at the level of the subjects of the Russian Federation are noted. The existing legislative models for involving local self-government bodies in the exercise of the authority to organize specialized parking lots for the storage of detained vehicles are analyzed. In the research paper, the Author presents options for determining the performers of services for the movement and (or) storage of detained vehicles, analyzes the legal grounds for the implementation of each of them, taking into account the existing law enforcement, including judicial practice. For the purpose of unified legal regulation of relations on the movement and (or) storage of detained vehicles, aimed at implementing measures to ensure the proceedings in the case of an administrative offense in the form of detention of a vehicle, the Author formulated proposals for the legislative consolidation of the federal authorities of the authority to determine the procedure for selecting performers of services for the movement and (or) storage of detained vehicles. To ensure equal opportunities for economic entities to carry out activities in the market of services for the movement and (or) storage of detained vehicles, the Author proposed, within the framework of the above procedure, to determine the requirements for the performers of these services, as well as the criteria for their competitive selection. At the same time, the paper substantiates the need for mandatory application of the territorial criterion for the selection of performers of these services for the movement and (or) storage of detained vehicles, taking into account not only the boundaries of the relevant municipality, but also the distance of specialized parking lots from socially significant objects.

Cybercrimes against Property and Problems of Qualification and Correspondence of Actions Prohibited by Art. 272, 273 and 159.6 of the Criminal Code of the Russian Federation (on the Example of a Particular Judicial Decision)

2020 ◽  
Vol 4 ◽  
pp. 82-93
Author(s):  
Y. O. Kuchina ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Judicial Decision ◽  
Judicial Practice ◽  
Digital Development ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The interest in digital development and the specifics of its legal regulation does not practically affect the problems of applying the provisions of Chapter 28 of the Criminal Code of the Russian Federation and the qualifications of acts falling under the definition of «cybercrimes against property» and Art. 272 and Art. 273 in particular. Analyzing a judicial decision, the author on a practical example reveals the main qualification problems that currently exist in the judicial practice. The author states that the outdated and overly detailed definition «computer information» which is given in the note to Art. 272 of the Criminal Code, leads to the fact that the rules of law, in which this term is included, are applied erroneously. Considering how the perception of the meaning of dispositions of Art. 272, 273 and 159.6 of the Criminal Code of the Russian Federation, in cases of committing a crime in a virtual dimension, the author reveals the interdependence of the technical component of the subject of the crime and the place of its commission with the legal regulation of protected public relations and their external perception by the law enforcer. The article offers recommendations on the maximum elimination of possible errors in qualifications and shows on specific examples which particular signs and elements in the mechanism of a specific act affect the formation of erroneous law enforcement practice.

scholarly journals The Russian Federation as a subject of defamatory civil law relations during the formation of the digital economy

2021 ◽  
Vol 106 ◽  
pp. 02002
Author(s):  
Alexey Telnov
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Russian State ◽  
Material Goods ◽  
The Subject ◽  
The Russian Federation

The subject of the study of this article is public relations associated with the dissemination of untrue, defamatory information (defamation) with respect to the Russian state, concerning various spheres of its activities, as well as the relevant norms of Russian civil law, the norms of international law governing non-material goods, personal non-property rights of the Russian Federation, as an independent participant of civil legal relations, the provisions of the legal doctrine and judicial practice concerning the relevant objects of civil rights (reputation, business reputation).

scholarly journals Legal Regulation and Organization of the Work of Management Subjects Related to the Dismissal of Employees of the Penal System of the Russian Federation due to the Loss of Trust

2021 ◽  
Vol 15 (3) ◽  
pp. 635-641
Author(s):  
Svetlana V. Zavitova ◽  
Nataliya A. Mel’nikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Penal System ◽  
Logical System ◽  
Judicial Practice ◽  
The Status ◽  
The Russian Federation ◽  
The Law ◽  
Selection Of

Introduction: the article considers problematic issues related to the work of management subjects (managers) and attestation commissions in situations when an employee of the penal system of the Russian Federation is dismissed due to the loss of trust. The aim of this study is to identify gaps in the current legislation on the service that arise when a measure of responsibility such as dismissal due to the loss of trust is applied; another aim consists in formulating proposals for improving legislation in this area. Methods: methodological basis of our study is represented by a set of methods of scientific cognition, among which the main place belongs to formal-logical, system-structural, and comparative-legal methods. Results: the study has shown that there are many problematic issues in the law enforcement practice regarding the dismissal of employees due to the loss of trust. The norms of the law do not clearly distinguish the components of corruption offenses for which an employee is subject to dismissal due to the loss of trust or may be brought to another type of liability. The issue regarding the status of the decision of the attestation commission remains unresolved; its decision is of an advisory nature, but at the same time, it is fundamental for making a decision by the employee’s superior. There is an ongoing discussion on the composition of the attestation commission; and options for the selection of independent experts are proposed. Discussion: dismissal due to the loss of trust is a specific type of disciplinary penalty, and its implementation is carried out by authorized management entities within the framework of disciplinary proceedings. The procedure for making a decision on the dismissal of employees of the penal system due to the loss of trust needs further improvement in its legal and organizational aspects, taking into account modern law enforcement and judicial practice.

scholarly journals DIRECTIONS FOR IMPROVING THE LEGAL SUPPORT OF PUBLIC SERVICE IN THE SUBJECT OF THE RUSSIAN FEDERATION Part I

2020 ◽  
Vol 34 (2) ◽  
pp. 70-76
Author(s):  
E.B. Abakumova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Framework ◽  
Legal Regulation ◽  
Scientific Basis ◽  
Judicial Practice ◽  
History Of ◽  
The Subject ◽  
The Russian Federation ◽  
History Of Formation

This is an attempt to provide a meaningful disclosure of the key features of the legal status of civil servants in the Russian Federation in this article. The specifics of their legal status are expressed in the aggregate of legally established guarantees, restrictions and liability. This made it possible to analyze the legal framework governing the service in these positions on a scientific basis. Study the history of formation and development of Institute of the state posts of the Russian Federation, studying the legislative experience of the Russian regions, the existing judicial practice and theoretical developments in the scientific literature, is intended to facilitate the search for optimal solutions of actual problems of legal regulation of legal relations associated with the replacement of these posts.

PUBLIC ADMINISTRATION IN THE FIELD OF FOREIGN AFFAIRS IN THE RUSSIAN FEDERATION: CONCEPT, LEGAL REGULATION AND MAIN DIRECTIONS

2021 ◽  
Vol 1 (12) ◽  
pp. 88-95
Author(s):  
Madina T. Aguzarova ◽  
Keyword(s):  
Foreign Policy ◽  
Public Relations ◽  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Foreign Affairs ◽  
External Relations ◽  
The Subject ◽  
The Russian Federation

The subject of the research is aspects of public administration in the field of foreign affairs in the Russian Federation: the concept, legal regulation and the main directions. Conducting an independent foreign policy is one of the main activities of the state. Public administration in the field of foreign affairs is considered as an important part of public administration in general, ensuring the position of the state in the international arena, its external relations. The objectives of the article are to define the concept of public administration in the field of foreign affairs, systematize and characterize the regulatory framework governing the studied public relations; identify the main directions of public administration in the field of foreign affairs in modern Russia.

scholarly journals CONTENT, IMPLEMENTATION AND PROTECTION OF A CHILD’S RIGHT TO A NAME (ACCORDING TO LEGISLATION OF UKRAINE AND THE RUSSIAN FEDERATION)

2021 ◽  
pp. 136-144
Author(s):  
K. M. Huseynova
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Capacity ◽  
Name Change ◽  
The Subject ◽  
The Russian Federation ◽  
Points Of View ◽  
The Right ◽  
To Receive

The purpose of this article is to determine the characteristics of the content, implementation and protection of a child’s right to a name in accordance with the legislation of Ukraine and the Russian Federation. The author analyzed the relevant provisions of the current civil and family legislation of Ukraine and the Russian Federation, established the points of view of legal scholars on the issues that make up the subject of the study, made proposals to improve the legal regulation of public relations related to the implementation and protection of a child’s right to a name in Ukraine. The conclusion is justified that the child’s right to a name is an independent subjective personal non-property right, the content of which includes the right to receive a name, change (replace) the name, use and protection of the name. According to the legislation of Ukraine and the Russian Federation, the realization of these rights is possible by the holder of this right himself – the child only in cases expressly provided for by the current legislation. In other cases, these powers shall be exercised by the parents of the child (other legal representatives or authorized bodies) in the interests of the last. Attention is drawn to the fact that the law gives the child the right to submit an application to change (replace) the name only from a certain age (16 years in Ukraine, 14 years in the Russian Federation). It is proposed that the Ukrainian legislator change this approach to “linking” to the volume of civil legal capacity of minors, when with reaching the age of 14, the child is granted the right to perform legally significant actions with the consent of legal representatives.

Scientific Commentary on the Review of Judicial Practice on Some Issues of the Application of Legislation on Business Entities

2021 ◽  
Vol 6 ◽  
pp. 27-32
Author(s):  
V. K. Andreev ◽  
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Separation Of Powers ◽  
Civil Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Business Entities ◽  
Law Making

The article discusses the forms of clarification on matters of judicial practice by the Plenum of the Supreme Court of the Russian Federation, the Presidium of the Supreme Court, as well as in the Review of judicial practice on some issues of the application of legislation on business companies dated December 25, 2019. Clarifications of the Supreme Court of the Russian Federation on issues of judicial practice are characterized as the positions of the courts identified in the course of studying and summarizing the judicial practice of the corresponding category of cases, which are acts of individual regulation of public relations. Focusing on Art. 6 of the Civil Code of the Russian Federation and Section 6, Art. 12 of the APC RF shows the validity of dividing wrong into two types of wrong: the «moderate» type of «judicial law-making and the position of the court» and the «radical» type of «judicial law-making», when the court develops the rule of law, which contradicts the constitutional principle of separation of powers. When resolving corporate disputes, it is necessary to investigate whether the charter of a non-public company does not contain the rights and obligations of its participants, which they themselves created by making a unanimous decision and including them in the charter of the company (paragraph 3 of Art. 66.3 of the Civil Code of the Russian Federation, paragraph 3 of Art. 14 of the Law about LLC).

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

scholarly journals The Establishment of Criminal Responsibility for Retail Sale of Alcoholic Products to Minors: An Analysis of the Feasibility

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 150-158
Author(s):  
K. V. Dyadyun
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Integrated Approach ◽  
Criminal Code ◽  
Retail Trade ◽  
Retail Sale ◽  
Existing Problems ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation

The paper analyzes the objective and subjective features of article 151.1 of the Criminal Code of the Russian Federation. The problems of interpretation and application of this norm are investigated, taking into account the goals and objectives underlying its creation. Special legislation regulating the sphere under study is considered. The studied imperfections of regulation of the subject of the crime (the relationship between the concepts of alcoholic and alcohol-containing products), problems of distinguishing acts from related compounds (article 151 of the Criminal Code), the complexity of the classification. The analysis of crime-forming features is presented: "repeatability", "retail", and "sale". Imperfections of the legislative and law enforcement approach in this aspect are revealed. In particular, the key features and correlation of the concepts of wholesale and retail trade are analyzed; the problems of assessing what was done with remote methods of selling alcohol; the content aspects of the categories "duplicity and repetition" in the context under study. The question of the expediency of replacing the term "sale" with "illegal sale" in the disposition of article 151.1 of the Criminal Code of the Russian Federation is studied. The regulation of features of the subject of the studied elements is considered, and existing problems are identified. The question of the expediency of norms with administrative prejudice in the criminal law was raised. Some problematic aspects of sentencing for retail sale of alcoholic products to minors are identified; and issues of establishing the subjective side of the elements. The paper analyzes the opinions of various authors regarding the possibility of improving the norm of article 151.1 of the Criminal Code of the Russian Federation, taking into account the study of statistical data and materials of judicial practice. The author indicates the need for an integrated approach in the fight against alcohol abuse among young people. The conclusion is presented regarding the validity of the existence of the studied norm in the Criminal Code of the Russian Federation in the current version.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

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