Issues of premeditated bankruptcy in enforcement proceedings

2019 ◽  
pp. 354-363
Author(s):  
Dmitriy Aleksandrovich Chertoroev
Keyword(s):  
Russian Federation ◽  
Main Difficulty ◽  
Difficult Situation ◽  
Debt Burden ◽  
The Status ◽  
The Russian Federation ◽  
The Creation ◽  
Legal Mechanism ◽  
Legal Consequences ◽  
Legal Entities

Bankruptcy is an effective legal mechanism that allows people to get out of difficult financial situations. This mechanism is designed to reduce the debt burden on persons who are somehow in a difficult situation. In the Russian Federation, currently, the bankruptcy mechanism application or, in other words, the financial insolvency of a person is possible in relation to both individuals and legal entities. There are many people who, if there are visible gaps in the law, try to take advantage of them for personal purposes. Legislation in the field of financial insolvency is no exception-there was a concept of premeditated bankruptcy. Premeditated bankruptcy – bankruptcy carried out by a person artificially, with the creation of circumstances and conditions conducive to the recognition of a person bankrupt. The Russian legislation establishes punishment for premeditated bankruptcy, however the main difficulty is not the punishment of a person, but the proof of the fact of premeditated bankruptcy. We propose a solution to this problem, but not in the form of a typical increase in punishment, but in the form of strengthening the legal consequences after obtaining the status of bankrupt. Strengthening of consequences of obtaining the status of the bankrupt can warn persons from receiving such status intentionally, without necessary circumstances, artificially forming the circumstances necessary for obtaining the above-mentioned status. We establish possible ways to strengthen the consequences of obtaining the status of bankrupt, as well as specific proposals for improving the legislation on bankruptcy.

Constitutional control in the subjects of the Russian Federation: how it can be after the abolition of constitutional (statutory) courts

2021 ◽  
pp. 65
Author(s):  
Vladimir A. Kryazhkov
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Reform ◽  
Legal Institution ◽  
The Status ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Creation ◽  
Statutory Control

The article is devoted to the problems of constitutional control in the subjects of the Russian Federation. The article examines its origins related to the formation and functioning of constitutional (statutory) courts at this level, reveals the reasons that did not allow the constitutional justice of the subjects of the Russian Federation to become a full-fledged state legal institution for 30 years. It is shown how, as a result of the constitutional reform, these courts were abolished, and a recommendation of the federal legislator appeared on the creation of constitutional (statutory) councils under the legislative (representative) state authorities of the subjects of the Russian Federation instead of them. The article analyzes the legal regulation of the organization and activities of such bodies in domestic and foreign practice. Taking this into account and based on the existing constitutional and legal possibilities, proposals are formulated on the status of these councils (their nature, the procedure for their formation and work, powers and decisions), which allows them to be an effective body of constitutional (statutory) control in the subjects of the Russian Federation.

scholarly journals The status and trends of criminal victimization legal entities

2019 ◽  
pp. 251-254
Author(s):  
Natalia Alexandrina
Keyword(s):  
Statistical Analysis ◽  
Qualitative Analysis ◽  
Russian Federation ◽  
Criminal Code ◽  
Long Period ◽  
The Past ◽  
Status And Trends ◽  
The Status ◽  
The Russian Federation ◽  
Legal Entities

The article presents a quantitative and qualitative analysis of the victims of legal entities in the Russian Federation in the period from 2014 to 2018. The monitoring and statistical analysis made it possible to identify 6 chapters of the Criminal code of the Russian Federation, according to which the most victims of legal entities are registered over the past 5 years. Consideration of the status and trends of criminogenic victimization of legal entities over a long period allows us to see the real number of victims and to understand the scale of the identified problem.

scholarly journals Some legal mechanism problems for economic dispute resolution in Russian Federation

2020 ◽  
Vol 6 (Extra-A) ◽  
pp. 103-108
Author(s):  
Korolev Ivan Igorevich ◽  
Zaychenko Elena Viktorovna ◽  
Turłukowski Jarosław ◽  
Makolkin Nikita Nikolayevich
Keyword(s):  
Dispute Resolution ◽  
Russian Federation ◽  
Ad Hoc ◽  
Legal Regulation ◽  
Current State ◽  
The Russian Federation ◽  
The Creation ◽  
Legal Mechanism

The aim of the study is to analyze the current state of arbitration system in the Russian Federation and also the consequences of procedural legislation reform, which has become a trigger for transformations in the system of arbitration courts. The authors consider the creation mechanisms and some aspects of arbitration institution functioning, based on the norms of the current legislation. This review is given both in relation to permanent arbitration institutions and in relation to the courts created to consider one specific dispute. In the course of this study, the authors found that a gap in legal regulation remained after the arbitration legislation reform, since it remains possible to create ad hoc "pocket" courts instead of abolished arbitration courts at any institutions. And if initially it seemed that this problem would be solved, now it is necessary to fight against such a mechanical opportunity to get the necessary “comfortable” judges.    

scholarly journals FORMATION OF LEGAL MECHANISM OF SOCIAL AND CULTURAL ADAPTATION AND INTEGRATION OF FOREIGN CITIZENS IN THE RUSSIAN FEDERATION

2017 ◽  
Vol 21 (6) ◽  
pp. 219-228
Author(s):  
A. S. Pavlowski
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Cultural Adaptation ◽  
Russian Language ◽  
Russian Society ◽  
Non Profit ◽  
Cultural Rights ◽  
The Status ◽  
The Russian Federation ◽  
Legal Mechanism

The article describes process of legal mechanism formation of social and cultural adaptation and integration of foreign citizens in the Russian Federation. In spite of the fact that from the moment of Soviet Union disintegration Russian Federation is a country with the largest immigration inflow. Russian migration legislation doesn’t have concepts "adaptation" and "integration" of foreign citizens for more than 20 years. In 2015 the Federal Agency for Ethnic Affairs was opened. It received the status of federal executive authority responsible for development and realization of state policy in the area of adaptation and integration. The first legislative measures directed to sociocultural adaptation of foreign citizens are analyzed. It is noted that the target audience of adaptation and integration is still not defined legislatively. Events held in territorial subjects of the Russian Federation cover various categories of foreign citizens and as a rule this is studying of Russian language, Russian history and legislation principles. The author proves that specified measures aren't enough for full inclusion of foreign citizens in the Russian society. The probability of social exclusion and formation of isolationist installations for foreigners is still high. Specified factors’ overcoming is obviously possible only thanks to the fullest realization of social rights of foreign citizens, first of all rights on housing and education. Legal mechanism of social and cultural adaptation and integration has to create conditions for realization of their social and cultural rights within the unified centers of adaptation and integration. High-quality implementation of this idea demands broad attraction of foreign citizens, non-profit organizations and also volunteers.

Novels in the field of control over foreign investments in strategic sectors of the economy

2019 ◽  
pp. 30-35
Author(s):  
I. V. Akimova ◽  
K. B. Simakova
Keyword(s):  
Technological Process ◽  
Russian Federation ◽  
Foreign Investor ◽  
Foreign Investments ◽  
Antitrust Authority ◽  
Strategic Type ◽  
The Russian Federation ◽  
Business Entities ◽  
Legal Mechanism ◽  
Legal Consequences

The article explores a new legal mechanism that extends the authority of the Federal Antimonopoly Service to control the implementation of foreign investments not only to business entities of strategic importance, but also to any other Russian business entities that, according to the antitrust authority, are of key importance to the Russian economics. The problems of legal uncertainty regarding the mandatory prior coordination with the antimonopoly regulator of a transaction involving a foreign investor have been identified to differentiate legal consequences for violation of the provisions of special legislation depending on the actual presence of a threat to the defense and security of the Russian Federation. It is concluded that it is necessary and advisable to classify it as a business entity by virtue of its implementation of a type of activity that is adjacent to a strategic one (which is part of the technological process of a strategic type of activity as an integral part of it).

scholarly journals LAND FEES: A COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION OF THE REPUBLIC OF UZBEKISTAN AND THE RUSSIAN FEDERATION

2017 ◽  
Vol 3 (3) ◽  
pp. 105-108
Author(s):  
Мирголиб Нурматов ◽  
Mirgolib Nurmatov
Keyword(s):  
Russian Federation ◽  
Market Price ◽  
Tax Rates ◽  
Legal Analysis ◽  
Land Rent ◽  
Specific System ◽  
The Status ◽  
The Russian Federation ◽  
The Republic ◽  
Legal Mechanism

The article contains the analysis of the Constitution and laws of the Republic of Uzbekistan and the Russian Federation in the sphere of land ffes. The analysis is carried out on the basic provisions on land, environmental, tax and civil legislation. It defines the specific features of the system of payment for land in the studied countries. In article the essence of the principle of land fees uses as a basic principle of nature, the conditions of the item and requirements in the system of economic-legal mechanism. The essence of such purposes of the principle of fees, as replenishment, promotion of environmental management, improve the efficiency of environmental activities. The author studied the main forms of land fees in the legislation of the aforementioned countries and revealed a general economic and legal mechanisms of land fees in the legislation of the two countries. Also he determined the characteristics and the differences in the provisions of the Uzbek and Russian legislation on issues such as rent of land, the procedure for establishing tax rates for land, etc. As a result the author made a few proposals for improvement of the land legislation of the states under consideration. The most important features of the system of land tax in Uzbekistan were defined in present article such as species, the subjects of land tax, the single land tax, procedure of establishment, change and cancellation, the status of rents, assignments of benefits for a land tax, a specific system of differentiating land tax rates. There were also mentioned similar rules of the land, tax and civil legislation of the Republic of Uzbekistan and the Russian Federation in the sphere of land fees. It is concluded that the most democratic and liberal way of the formation of land value is the market price. It is proposed to fix the fee for any harm to the earth as a species of land rent.

scholarly journals On the Model of Public Entitties Participation in Civil Relations in Terms of the Legal Positions of the Constitutional Court of the Russian Federation

2020 ◽  
pp. 1679-1686
Author(s):  
Inna S. Bogdanova
Keyword(s):  
Russian Federation ◽  
The State ◽  
Constitutional Court ◽  
State Participation ◽  
Legal Model ◽  
The Russian Federation ◽  
Contractual Obligations ◽  
Legislative Model ◽  
Legal Consequences ◽  
Legal Entities

The article is devoted to the problem of changing the model of participation of public legal entities in civil relations. This change is to be made by the Constitutional Court of the Russian Federation on the example of non-contractual obligations between the state and individuals. For this purpose there was made a study of legislative model of state participation in private relations, as stipulated in Articles 2 and 125 of the Civil Code of the Russian Federation, and legal positions of the Constitutional Court of the Russian Federation, enlisted in the Resolutions of the Constitutional Court of the Russian Federation No. 16-P dated 22.06.2017 and No. 39-P dated 08.12.2017. As a result, the author concludes that the current legal model of participation of public legal entities in civil relations does not provide any exceptions for non-contractual obligations between the state and individuals. On the contrary, the legislators are consistent in addressing the issue of which state bodies are able to ensure the civil legal capacity of the individuals and under what conditions. Amendment of the above model by the Constitutional Court of the Russian Federation via expanding the list of bodies capable of creating legal consequences for public entities, without taking into account the scope of their competence, as well as differences between federal bodies and bodies of state power of the subjects of the Russian Federation, is considered untimely, since the matter requires further thorough study and elaboration

GENERAL CHARACTERISTICS AND TRENDS IN THE DEVELOPMENT OF DIGITAL NOTARIES IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 10 (4(73)) ◽  
pp. 4-6
Author(s):  
G.N. Kurchinskaya
Keyword(s):  
Property Rights ◽  
Data Storage ◽  
Russian Federation ◽  
Personal Data ◽  
Digital Technologies ◽  
Digital Data ◽  
The Russian Federation ◽  
The Creation ◽  
Digital Data Storage ◽  
Legal Entities

The article analyzes and summarizes the legal mechanisms for protecting the rights of citizens and their property rights in the sphere of notaries in the Russian Federation, which arose in connection with the introduction of new digital technologies intoits sphere, the creation of digital data storage and systematization centres, electronic exchange with structural divisions of various state bodies, and considers new types of notarial actions related directly to the electronic notary, such as certificateof the electronic and paper documents equivalence, it also addresses the problem of protecting personal data of individuals and legal entities when they apply for notarial actions, taking into account the use of digital technologies in the notary office

Efficiency and Effectiveness of Prevention of Violations of Mandatory Requirements in the Field of Education

2020 ◽  
Vol 8 (2) ◽  
pp. 16-22
Author(s):  
S. Feklin
Keyword(s):  
Russian Federation ◽  
Effective Control ◽  
State Control ◽  
Federal Law ◽  
Efficiency And Effectiveness ◽  
The Status ◽  
The Russian Federation ◽  
The Government ◽  
Quantitative Indicators ◽  
Legal Entities

In accordance with the Federal Law of December 26, 2008 No. 294-ФЗ “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control”, state control (supervision) bodies and municipal control bodies are required to: organize and carry out measures to prevent violations of mandatory requirements, including without interaction with legal entities, individual entrepreneurs; take measures prescribed by law to suppress and (or) eliminate the consequences of identified violations; systematically monitor the fulfillment of mandatory requirements, analyze and predict the status of compliance with mandatory requirements when carrying out activities by legal entities, individual entrepreneurs; annually in the manner established by the Government of the Russian Federation, report on the effectiveness of their activities. At the same time, the legislator did not formulate the definitions of the terms “effective control (supervision)” and “prevention of violations” in the field of education, and the reports on effectiveness and prevention are reduced mainly to quantitative indicators of measures taken, warnings issued, prepared materials, etc. The author of the article, having studied the normative legal acts, having analyzed the practice of carrying out preventive measures in the field of education in the city of Moscow and other subjects of the Russian Federation, presents a scientific look at the institute of the effectiveness and efficiency of prevention in the field of education, gives the results of studies on this issue (using the example of the metropolitan education system).

scholarly journals Constitutional principles of the creation of federal territories in Russia

2021 ◽  
Vol 21 (4) ◽  
pp. 468-476
Author(s):  
Sergey S. Starikov ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Federal Law ◽  
Public Power ◽  
The Public ◽  
Strict Compliance ◽  
New Type ◽  
The Russian Federation ◽  
The Creation ◽  
Legal Mechanism

Introduction. During the constitutional reform of 2020, part 1 of Article 67 of the Constitution of the Russian Federation was supplemented with a provision on the possibility of creating federal territories. In this regard, questions need to be resolved about how the constitutional novel should relate to the principles of federalism established by the Constitution of the Russian Federation, and what the principles for the creation of federal territories in Russia are. Theoretical analysis. The creation of federal territories in the Russian Federation should take place subject to strict compliance with the principle of state integrity, the principle of equality and self-determination of the peoples of Russia; the principle of unity of the public power system; the principle of priority of individual rights and freedoms, their recognition, observance and protection by the state; the principle of compliance with the goals of the formation of federal territories with the strategic interests of the Russian Federation. Empirical analysis. It is revealed that the current version of Part 1 of Article 67 of the Constitution, firstly, establishes the possibility of creating federal territories as a new type of public legal territory, secondly, provides for a special organization of public power in these territories, different from the generally accepted organization operating on the territory of the subjects of the Russian Federation, and, thirdly, defines the constitutional and legal mechanism for their creation: the adoption of a federal law. This norm does not specify the types of federal territories and the possible goals of their creation. These issues are fully attributed to the discretionary powers of the Russian Parliament. Results. Based on the analysis of the scientific literature devoted to the problems of federal territories in Russia and abroad, and the legislation of the Russian Federation, the definition can be formulated: federal territory is a public legal entity that has a special constitutional and legal status determined by national strategic significance, created in accordance with a regulatory act providing for direct or indirect management of it by the federal government, defining the specifics of the exercise of public power in accordance with the goals of creation, additional guarantees and restrictions on the rights and freedoms of citizens.

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