Preliminary agreement in the purchase and sale’s obligations of real estate

2020 ◽  
pp. 197-205
Author(s):  
Tatyana Bogdanova ◽  
Elena Selezneva
Keyword(s):  
Law Enforcement ◽  
Real Estate ◽  
Opposite Case ◽  
Condi Tions ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Joint Property ◽  
Property Regime

This work is devoted to the study of a preliminary agreement formation in real estate purchase and sale transactions. We give a definition of real estate purchase and sale agreement and analyze the essential terms of both the preliminary real estate purchase and sale agreement and the main agreement. We establish that the conclusion of a preliminary agreement and the resulting obligation to conclude the main agreement can give the counter-party of the transaction additional ways to protect their rights and legitimate interests. We emphasize that the preliminary purchase and sale agreement of real estate must specify conditions that establish the subject and other condi-tions of the main agreement. In the opposite case, if the essential conditions are not defined in the agreement, it is considered not concluded. We analyze the issue of spouses’ property regime of arising from the conclusion of a pre-liminary agreement concerning the disposal of joint property acquired in marriage. We determine the consequences that may occur in the event of a preliminary agreement if one of the spouses is absent or objects. We use practice materials as examples. Analysis of law enforcement practice shows that currently there are a large number of unresolved issues related to the legal qualification of relations arising from preliminary agreements. The work offers suggestions for making changes to the current legislation of the Russian Federation.

The Object of Proving in Cases of Transfer of a Foreigner Sentenced to Imprisonment by a Court of the Russian Federation to Serve a Sentence in the State of Which the Convicted Person is a Citizen

2021 ◽  
Vol 4 ◽  
pp. 101-107
Author(s):  
A. A. Fedyunin
Keyword(s):  
Russian Federation ◽  
Complex Structure ◽  
The State ◽  
Structural Units ◽  
Domestic Legislation ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Injured Party ◽  
Definition Of

During the court’s consideration of the questions which are provided in the paragraph 20 Article 397 Code of criminal procedure, the definition of the circumstances, the presence or absence of which is to be determined when making decisions, it is necessary to respect the rights and legitimate interests of not only the convict but also the injured party, as well as the purposes of the punishment. The errors in establishing the circumstances that constitute the fact to be proven in the definite category of cases, lead to the cancellation or changing the court's decision. The complex structure of the subject, its features are conditioned with specifics of the process of proof in this category of cases and the specifics of legal relations that go beyond the legislation of one country. To determine the circumstances included in each of the structural units of the subject of proof, it is necessary to refer both to international legal conventions (General subject of proof) and to international legal treaties between particular States or to the domestic legislation of the Russian Federation (special subject of proof).

Functions of legal guarantees in labor law: current issues

2021 ◽  
pp. 41-45
Author(s):  
Maryna Pyzhova Pyzhova
Keyword(s):  
Law Enforcement ◽  
Theoretical Study ◽  
Labor Relations ◽  
Labor Law ◽  
Labor Rights ◽  
Main Body ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Problem Setting

Problem setting. The concept of “guarantee” is the subject of many scientific studies, and in various fields of law. But this is especially true of labor law, and above all, work on guarantees of labor rights of citizens. That is why a special place in the system of national labor law is occupied by the institution of guarantees and compensations. Unfortunately, the outdated Labor Code of Ukraine has significant problems with terminological uncertainty, as it contains neither a definition of guarantees nor a definition of compensation, in contrast to the Labor Code of the Russian Federation, where Article 164 clearly defines that guarantees are funds. ways and conditions by which the exercise of rights granted to employees in the field of social and labor relations is ensured. And compensations are monetary payments established for the purpose of reimbursement to employees of the expenses connected with performance by them of labor or other duties provided by this Code and other federal laws. Therefore, we see it necessary to investigate and determine the purpose and indicate what functions are guaranteed by labor law in Ukraine. Analysis of recent research. Scientists approach the understanding of the essence and content of legal guarantees in different ways, among them E. Ametistov, V. Andriev, N. Bolotina, O. Valetska, S. Venediktov, S. Verlanov, M. Grekova, S. Ivanov, I. Kiselyov, N. Kokhan, E. Krasnov, M. Feskov, G. Chanisheva, and problems of the institute of remuneration – V. Bozhko, V. Zhernakov, M. Inshin, O. Protsevsky, S. Prilipko, O. Sytnitskaya, N. Khutoryan, O. Yaroshenko, I. Yatskevich and others. Target of research is to consider the issue of legal guarantees in labor law and highlight their functions. Article’s main body. The article considers the issue of assigning legal guarantees in labor law. The author’s definition of the functions of legal guarantees in labor law is given, it is indicated that these are the areas of influence on the realization of employees and employers of their labor rights and responsibilities, protection of rights and freedoms and their restoration in case of violation. It is proposed to distinguish four main functions of legal guarantees in labor law, including security, instrumental, creating a balance between the interests of the employee and the employer, providing stability to labor relations. The articles of the national security legislation which express the specified functions are analyzed. Conclusions and prospects for the development. In our opinion, the definition and understanding of the functions of legal guarantees in labor law is necessary for further scientific and theoretical study of the institution of guarantees in labor law, as well as for law enforcement. We are convinced that guarantees are an important and necessary tool for the realization of the declared rights and freedoms of citizens in the field of labor. That is why there is an urgent need to develop and consolidate at the legislative level the conceptual apparatus of the institution of guarantees.

scholarly journals Coercion to Sexual Acts: Issues of Interpretation and Application

Lex Russica ◽  
2021 ◽  
pp. 54-66
Author(s):  
K. V. Dyadyun
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Sexual Crimes ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation ◽  
Cis Countries ◽  
The Moment ◽  
Definition Of

The paper analyzes the features of the regulation of objective and subjective characteristics of the elements of the crime under Art. 133 of the Criminal Code of the Russian Federation, their influence on application of the aforementioned norm. The paper examines the category of "compulsion", the concept of "other sexual actions", their correlation with the definition of "sexual harassment". The paper resorts to legal and etymological approaches to the understanding and content of these terms, gives recommendations for improving the legislative and law enforcement practice in this area. The author analyzes the approach to the interpretation of the content aspects of compulsion—encouragement/compulsion. The issue of the moment of the end of the criminal act under consideration (process/result) is examined. The author determines and substantiates deficiencies in the regulation of methods of coercion to actions of a sexual nature. The concept of "dependence" in the considered area, its relationship with the state of helplessness is investigated. The essential and substantive characteristics of the threat as a method of coercion to sexual actions (criteria and their interpretation) are analyzed. Also, the author examines the issue of qualifying characteristics of the elements of the crime under Art. 133 of the Criminal Code of the Russian Federation and problems of interpretation of the characteristics of the subject matter, motives and purpose of this act. The complexity of the delimitation of the aforementioned criminal act from an insignificant offense, a moral offense, an administrative offense, and related crimes are indicated. The author also analyzes the issue of qualification of the act under Art. 133 of the Criminal Code of the Russian Federation and its impact on its relationship with violent sexual crimes. The paper presents an analysis of the legislation of the CIS countries on the issue under consideration and provides for historical summary about the evolution of the domestic legislative approach in the aforementioned area. The determinants of law enforcement problems are identified and indicated. Conclusions and recommendations are based on the study of judicial practice, researchers’ opinions, the RF Supreme Court standing, the rules applied to qualify criminal acts.

scholarly journals On the improvement of work management in authorities of the prosecutor's office on consideration of complaints of the parties to criminal proceedings against actions (or inaction) and decisions of the investigator and the prosecutor

2020 ◽  
pp. 1-9
Author(s):  
Aleksandr Aleksandrovich Popov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Single Instance ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Work Management

This article raises the questions on the improvement of work management in the prosecutorial branches on consideration of complaints of the parties to criminal proceedings against actions (or inaction) and decisions of the investigator and the prosecutor. Analysis is conducted on the existing in the prosecutor’s office procedure of pretrial dispute, which legislative consolidation is associated with usage of the term “superior prosecutor”. The subject of this research is the norms of the Criminal Procedure Code of the Russian Federation, executive documents of the Prosecutor General's Office of the Russian Federation and prosecutor's offices of the constituent entities of the Russian Federation, as well as scientific literature on the topic at hand. The conclusion is made that the current legislation and the established law enforcement practice assume on the recurrent appeal on the same instance of violation of law within a single prosecutorial branch, and thus do not effectively protect the rights and legitimate interests of the parties involved in the criminal procedure sphere. For this reason, the author makes recommendations on the amendments to the Criminal Procedure Code of the Russian Federation aimed at adjustment of the procedure of consideration of complaints of the parties to criminal proceedings, which would ensure their resolution within the framework of a single prosecutorial branch in a single instance.

scholarly journals Aggregate as a type of multiplicity of administrative offences: concept and legal formalization

2020 ◽  
pp. 11-17
Author(s):  
Natal'ya Anatol'evna Akhtanina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Scientific Literature ◽  
Law Schools ◽  
Legal Norms ◽  
Administrative Legislation ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The object of this research is social relations emerged on the basis of administrative-legal norms, which regulate the aggregate of administrative offences. The subject of this research is the scientific literature, normative legal acts and law enforcement practice related to the concept of the aggregate of administrative offences. The author examines approaches of the scientists of various law schools to the concept of aggregate of administrative offences, its development and transformation in time. The author indicated the flaws in the current administrative legislation in part of the absence of legislative consolidation of the concept of “aggregate” of offence, which results in occurrence of a number of problems. The article explores the legal norms that regulate aggregate of offences in administrative legislation of the Russian Federation. A comparative analysis is conducted on consolidation of the aggregate of offences in administrative and criminal law. The scientific novelty is defined by upcoming changes in administrative legislation. This is the reason why improvement of the Code of Administrative Offences of the Russian Federation with regards to regulation of the question of the aggregate of administrative offences gains more relevance. A conclusion is made on the need for establishing in law the unified detailed definition of the “aggregate” of administrative offences, which would allow ensuring more effective application of legal norms. A need is also underlined for the need of legislative consolidation of such feature of offences that are a part of the aggregate as “absence of bringing to accountability for earlier commission of an unlawful act”.  

The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

Antitrust compliance: system standardization issues

2021 ◽  
pp. 8-16
Author(s):  
V. V. Soloviev, ◽  
S. V. Yushkin ◽  
S. V. Maksimov*
Keyword(s):  
Law Enforcement ◽  
National Standard ◽  
Federal Law ◽  
Economic Entity ◽  
Effective System ◽  
The Russian Federation ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship ◽  
General Compliance

The article examines the etymology and prehistory of the introduction of the institution of antimonopoly compliance in Russian business practice, the relationship of this institution with the institution of general compliance. The article considers the definition of the concept of antimonopoly compliance, enshrined in the new article 91 of the Federal Law "On Protection of Competition".The authors propose their own definition of the concept of antimonopoly compliance as an activity of an economic entity aimed at ensuring compliance with antimonopoly legislation by employees of an economic entity and an economic entity as a whole by preventing and suppressing violations of the requirements of such legislation and regulatory legal and law enforcement acts based on it.The authors also substantiate the advisability of developing a special national standard GOST R "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) of an economic entity".It is noted that the effectiveness of the antimonopoly compliance system will depend not only on the ability of an economic entity to form an antimonopoly compliance system on the basis of an appropriate national standard, but also on the state's ability to determine and guarantee effective incentives to comply with antimonopoly legislation.The authors substantiate the advisability of supplementing the Code of Administrative Offenses of the Russian Federation with provisions that provide for the obligation and limits to reduce the amount of punishment or replace the punishment with a softer one in the event of an anticompetitive administrative offense by a person who has implemented an effective system of antimonopoly compliance.

LEGAL AND ORGANIZATIONAL PROBLEMS OF CONDUCTING COMPREHENSIVE COMMISSION INSPECTIONS OF PENAL FACILITIES ON THE SUBJECT OF ANTI-TERRORIST SECURITY STATE ASSESSMENT OF PENAL OBJECTS (TERRITORIES)

2021 ◽  
pp. 128-133
Author(s):  
Олег Игоревич Денисенко ◽  
Оганнес Давитович Мкртчян
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
State Assessment ◽  
The State ◽  
Organizational Level ◽  
Penal System ◽  
High Quality ◽  
The Subject ◽  
The Russian Federation ◽  
Qualitative Characteristics

В связи с увеличением числа преступлений террористической направленности разрешения требуют вопросы, связанные с обеспечением объектов (территорий) УИС инструментами антитеррористической защищенности, к которым можно отнести такие, как проведение организационно-практических мероприятий антитеррористической защиты объектов УИС, наличие соответствующей документации и ответственного должностного лица, выполнение режимных требований на объектах УИС в соответствии с законодательством РФ, а также обеспечение контроля за количественными и качественными характеристиками эксплуатируемых инженерно-технических средств охраны и надзора. Актуальность проводимого исследования обусловлена необходимостью качественной реализации в правоприменительной практике совокупности требований обеспечения мероприятий по обеспечению антитеррористической защищенности объектов (территорий) УИС с целью защиты прав и интересов всех субъектов уголовно-исполнительной системы от террористического посягательства. Авторами выявляются проблемы правового и организационного уровня при оценке состояния антитеррористической защищенности объектов УИС: формализм при проведении обследований, недостаточный уровень оснащенности объектов УИС инженерно-техническими средствами охраны и надзора, а также финансирования для удовлетворения нужд объектов УИС в части обеспечения антитеррористической защищенности. Помимо прочего упоминаются такие проблемы, как отсутствие унифицированных принципов организации деятельности комплексных комиссионных обследований, разработанных с учетом современных правоприменительных норм и запросов практики, а также обосновывается необходимость повышения компетентности сотрудников ФСИН России при проведении комплексных комиссионных обследований. In connection with the increase in the number of terrorist crimes, the resolution requires issues related to the provision of facilities (territories) of the penal system with anti-terrorist security tools, which include such as the implementation of organizational and practical measures for the anti-terrorist protection of the penal system, the availability of appropriate documentation and a responsible official, the implementation of regime requirements at the facilities of the penal system in accordance with the legislation of the Russian Federation, as well as ensuring control over the quantitative and qualitative characteristics of the operating engineering and technical means of protection and supervision. The relevance of the study is due to the fact that in law enforcement practice, a high-quality implementation of the set of requirements for ensuring the anti-terrorist protection of objects (territories) of the penal system is required so that the rights and interests of all subjects of the penal system in terms of protection from terrorist encroachment are observed. The authors identify the problems of the legal and organizational level when assessing the state of anti-terrorist security of penal facilities: formalism in conducting surveys, insufficient equipment of penal facilities with engineering and technical means of protection and supervision, as well as the level of funding to meet the needs of penal facilities in terms of ensuring anti-terrorist protection. Among other things, such problems as the lack of unified principles for organizing the activities of complex commission surveys, developed taking into account modern law enforcement norms and practice requests, are mentioned, as well as the need to improve the competence of employees of the Federal Penitentiary Service of Russia when conducting comprehensive commission surveys is substantiated.

scholarly journals Land dispute as an object of arbitration process

2021 ◽  
Vol 39 (3) ◽  
pp. 118-122
Author(s):  
M. A. Magomedova ◽  
Keyword(s):  
Russian Federation ◽  
Structural Elements ◽  
Legal Concept ◽  
Land Dispute ◽  
Correct Definition ◽  
Arbitration Process ◽  
The Subject ◽  
The Russian Federation ◽  
Characteristic Features ◽  
Definition Of

In the current legislation of the Russian Federation, there is no concept of a land dispute, which causes difficulties in determining the competence of an arbitration court in cases in which the object of the dispute is land. The article analyzes the general legal concept of a dispute and the sectoral concept of a land dispute developed by scientists. The author identified the characteristic features of a land dispute and its structural elements. The work reveals the influence of the structural elements of the land dispute on the type of production in which the dispute will be considered. In addition, the author concludes that the correct definition of the structural elements of the land dispute enables the arbitration court to determine the appropriate persons participating in the case, the subject of proof, the relevance and admissibility of evidence, and ultimately make a lawful and wellgrounded court decision.

scholarly journals TO THE QUESTION ABOUT THE CONCEPT «PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS»

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 89-93
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Procedural Costs ◽  
The Russian Federation ◽  
Definition Of ◽  
Article 5

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.

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