MULTIVARIANT LEGAL STATUS OF A CITIZEN AND ITS ROLE IN DEFINING THE COMPETENCE OF ARBITRATION COURTS

2018 ◽  
pp. 48-60
Author(s):  
Aleksandr Nikolayevich Ermakov
Keyword(s):  
Russian Federation ◽  
Economic Activity ◽  
Legal Status ◽  
Legal Certainty ◽  
Judicial Practice ◽  
Natural Person ◽  
Legal Nature ◽  
The Russian Federation ◽  
Debt Collection

This study is devoted to the question of qualification of the legal status of a citizen in a dispute arising in the field of economic activity, and its impact on the determination of the jurisdiction of the arbitration court. On the example of cases on debt collection from the guarantor-citizen it is noted that the latter can participate in the disputed legal relations as an natural person, as an self-employed entrepreneur or as the founder of a legal body. It is the legal status of a person, as established judicial practice shows, that is the key argument in determining the legal within jurisdiction of the case. It seems that this circumstance in itself cannot determine the nature of the dispute, which previously drew the attention of the Supreme Arbitration Court of the Russian Federation It is important to take into account the specific legal nature of material legal relations, as well as the nature of the interest of its participants. It is concluded that it is necessary to take into account the abovementioned aspects in the aggregate when determining the jurisdiction of arbitration courts of the cases of the analyzed category. In order to ensure the legal certainty and effectiveness of the protection of the rights of persons in the field of business and economic activity, proposed a technical and legal solution to this problem.

Institute of Administrative Responsibility of Minors in Russia

2022 ◽  
Author(s):  
Elena Kirillova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
General Description ◽  
Law Schools ◽  
Judicial Practice ◽  
Wide Range ◽  
Legal Nature ◽  
The Russian Federation ◽  
Administrative Responsibility

The monograph examines the features of the institute of administrative responsibility of minors in the Russian Federation, gives a general description of this institution, examines the concept, legal nature, features of this institution, classifies punishments applied to adolescents, and considers judicial practice. Special attention is paid to the proceedings in cases of administrative offenses of minors, the legal status of the commission on juvenile affairs and protection of their rights is investigated, the features of prosecutorial supervision in the proceedings of cases of administrative offenses of minors are considered. In conclusion, conclusions are drawn and recommendations for improving the current Russian legislation are proposed. For a wide range of readers interested in the issues of administrative responsibility of minors. It can be useful for students, postgraduates and teachers of law schools.

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

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 structure and features of the civil status of an individual entrepreneur in modern Russia

2021 ◽  
Vol 7 (3C) ◽  
pp. 424-442
Author(s):  
Dina Viktorovna Alontseva ◽  
Sergey Vladimirovich Vorobyev ◽  
Olga Anatolyevna Lavrishcheva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Modern Society ◽  
Practical Significance ◽  
Federal Law ◽  
Legal Nature ◽  
Civil Status ◽  
General Scientific ◽  
The Russian Federation ◽  
Made In

Based on the analysis of the modern legislation of the Russian Federation and taking into account the existing scientific concepts, the authors studied in detail the legal nature and identified the features of certain types of legal statuses of an individual entrepreneur, as well as revealed the structure and analyzed in detail the specifics of the civil status of an entrepreneur in modern Russia. As a result of the conducted research, the author's concept of the "civil status of an individual entrepreneur" was formulated and the need for the adoption of the Federal Law "On the legal status of an individual entrepreneur in the Russian Federation" was justified. The practical significance of the work is determined by the fact that the conclusions made in the course of the study can contribute to improving the legal status of entrepreneurs in modern society at the legislative level. The methodological basis of this study was made up of general scientific, private and special methods of cognition.

scholarly journals RATIO OF THE LEGAL AND PROCEDURAL STATUS OF THE HEAD OF INVESTIGATIVE BODY

2018 ◽  
Vol 22 (2) ◽  
pp. 158-165
Author(s):  
T. Yu. Popova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Proceedings ◽  
The Status ◽  
The Russian Federation ◽  
Legal Sense

Article is devoted to search of author's determination of the criminal procedure status of the head of investigative body. Determination of the status is given in it is general legal sense, types of legal statuses, such as the general (constitutional), special (patrimonial), individual, the status of the foreigner and branch legal statuses are allocated. The discussion about a ratio of legal status and a legal status on the basis of which conclusions the author has divided concepts of legal and procedural status per se is given. Are carried to number of elements of legal status of the head of investigative body: the rights and duties provided by the Code of Criminal Procedure of the Russian Federation and specified departmental standard legal by acts of the Ministry of Internal Affairs of the Russian Federation, SK of Russia and FSB of Russia; the criminal liability regulated by the Criminal Code of the Russian Federation and the disciplinary responsibility provided by subordinate regulations for non-execution or inadequate execution of the procedural powers; procedural and administrative accountability of activity of the head of investigative body to the head of higher investigative body. Elements of the criminal procedure status of the designated participant of criminal trial, according to the author, are the rights and duties provided by the Code of Criminal Procedure of the Russian Federation; the accountability of activity of the head of investigative body to the head of higher investigative body regulated by the Code of Criminal Procedure of the Russian Federation. The author has also mentioned a discussion about existence of criminal procedure responsibility of participants of criminal legal proceedings. In article the maintenance of each of elements of the status and justification of reference of each of them to this or that type of the status is opened. Proceeding from the considered structure, the concept of the criminal procedure status of the head of investigative body as the position of the head of the investigative body including his procedural laws, duties and accountability to the head of higher investigative body regulated only by the Code of Criminal Procedure of the Russian Federation is formulated.

Penal law of the Russian Federation: General and Special parts

2020 ◽  
Author(s):  
Aleksandr Romanov
Keyword(s):  
Higher Education ◽  
Russian Federation ◽  
Legal Status ◽  
Federal State ◽  
Performance Requirements ◽  
Legal Nature ◽  
Penal Law ◽  
The Russian Federation ◽  
State Educational ◽  
And Control

The focus is on the subject and objectives of penal law of the Russian Federation, its sources and methods, types of penal norms, history and types of penal systems, the provisions of the Criminal Executive code of the Russian Federation, other penal laws and normative legal acts on the activities of bodies in charge of execution of punishments, exercising control and supervision over conditionally sentenced persons and persons with a suspended sentence. The characteristic of organization and activity of criminal-Executive system of the Russian Federation, highlights the issues of its reforms. Detail the issues of legal status of convicts established the order and conditions of execution and serving sentences, the use of other measures of criminal-legal nature, means of correction of convicts, providing medical care to prisoners, the performance requirements for the serving of sentences, organisation of support of liberated and control over them. Meets the requirements of Federal state educational standards of higher education of the last generation. For students of law faculties of educational institutions of higher education, enrolled in the academic programs of bachelor, specialist, master and post-graduate students, teachers, practical workers of law enforcement bodies and all those interested in issues of corrections, legal status of prisoners, the penal laws and the application of other measures of criminal-legal nature.

scholarly journals IMPOSITION OF SUBSIDIARY LIABILITY ON HEIRS OF A PARTY CONTROLLING THE DEBTOR

2021 ◽  
Vol 1 ◽  
pp. 42-45
Author(s):  
Andrey D. Parkhomenko ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Private Law ◽  
Legal Entity ◽  
Legal Nature ◽  
The Supreme Court ◽  
Bankruptcy Procedure ◽  
The Russian Federation

Inheritance relationships have always been a challenging private law sphere. The problems concerning inheritance of debts have lately added to the discrepancies related to the regulation of these relationships. Such situation is caused by the introduction of some novelties in Russian laws and the adoption of key judicial acts by the Supreme Court of the Russian Federation and other judicial authorities. One of such novelties is inheritance of a debt arising out of subsidiary liability of parties controlling the debtor in the course of a bankruptcy procedure. The Supreme Court of the Russian Federation has actually broadened the range of subjects that may be brought to subsidiary liability. The court has established that upon acceptance of property by heirs of the parties controlling a debtor, they also inherit the testator's debt to the creditors of the bankrupt legal entity under the testator's control (by virtue of the interpretation of the legal nature of subsidiary liability by the Supreme Court of the Russian Federation). It causes a number of questions concerning right protection means, violation of creditors' rights by minors, limits of acknowledgment of a citizen as a party controlling a debtor, etc. One of the key actions within the framework of inheritance relationships in the notarial practice is not only determination of the range of heirs, but also identification of the testator's property and assurance of its safety. The mentioned position of the Supreme Court of the Russian Federation establishes the amount of subsidiary liability as an estate part (broadly speaking, property), which may raise a number of problems in notarial activities.

About the Jurisdiction of Cases of Administrative Offenses

2021 ◽  
pp. 26-31
Author(s):  
A. F. Skutin ◽  
Keyword(s):  
Russian Federation ◽  
Arbitral Tribunal ◽  
Federal Law ◽  
Legal Proceedings ◽  
Judicial Practice ◽  
Legal Nature ◽  
The Russian Federation

The article examines the issues of the competence of the arbitral tribunal in cases of administrative offenses, their legal nature, analyzes the judicial practice in this category of cases. The author made proposals on the need to optimize the legislation governing legal proceedings in cases of administrative offenses in courts of general jurisdiction and arbitration courts, taking into account the novelties of the Federal Law of 11.28.2018, appropriate adjustments are proposed for the new edition of the Code of Administrative Offenses of the Russian Federation.

Independent Deputy Mandate: Pro and Contra

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Виктор Черепанов ◽  
Viktor Cherepanov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Obligation ◽  
Active Centre ◽  
Legal Relation ◽  
The People ◽  
Legal Nature ◽  
The Russian Federation

The article considers some positive features of the independent deputy mandate conception and notes some of its shortcomings. For the purpose of analysis of the legal nature of a deputy mandate, the author considers it necessary to identify three interconnected legal relations where a deputy has different legal statuses and different rights, obligations and responsibilities. In a lasting legal relation with the electorate the deputy acts as their representative, in the legal relation with the party that has nominated him, he is a representative of this party, and in the legal relation with the people of the Russian Federation (their portion) he is a representative of these people (their portion) who should express their will in the adopted decisions as part of the relevant representative body. There are some imperative elements in the lasting electoral legal relations, but in his relations with the people of the Russian Federation (their portion) there prevail some features of the independent mandate. According to the author, all these legal relations are active pattern relations whose active centre is in the deputy’s obligations directly related to the interests of the representees and their relevant right to demand to observe them and bring the deputy to responsibility when these obligations are not performed. These features of a deputy mandate suggest a binding, imperative model of legal regulation at the heart of which there should be legal obligation and subsequent legal responsibility. At the present time, based on the prevailing interpretation of the independent mandate, in order to regulate the deputy’s constitutional-legal status, another permissible, dispositive model of legal regulation is applied, that allows for the deputy to act at his discretion. In this context the article justifies the necessity of the Russian federal legislation improvement by reinforcement of certain elements of a deputy mandate’s mandatory nature, laying down his obligations and responsibility including a recall as a form of pure democracy.

scholarly journals On the issue of violation of the uniformity of judicial practice

2021 ◽  
Vol 39 (3) ◽  
pp. 113-117
Author(s):  
N. Sh. Gadzhialieva ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Legal Status ◽  
Civil Procedure ◽  
Court Decisions ◽  
Judicial Practice ◽  
Procedure Code ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Legislative Changes

The article is devoted to such grounds for the cancellation or amendment of court decisions in the supervisory procedure, as a violation of the uniformity of judicial practice. The author analyzes the provisions of the current civil procedure legislation, the explanations of the Plenum and the Presidium of the Supreme Court of the Russian Federation on the application of paragraph 3 of Article 391.9 of the Civil Procedure Code of the Russian Federation. The article identifies such problems as the lack of normative consolidation of the terms "judicial practice" "unity of judicial practice", the uncertainty of the legal status of acts of the highest judicial instance, the possibility of bringing judges to disciplinary responsibility for violating the unity of judicial practice. Based on the results of the study, the author comes to the conclusion that comprehensive legislative changes are necessary to achieve the unity of judicial practice

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