scholarly journals Civil-legal terms in contractual system

2021 ◽  
Vol 15 (4) ◽  
pp. 731-742
Author(s):  
G. B. Dobretsov
Keyword(s):  
Russian Federation ◽  
Practical Significance ◽  
Federal Law ◽  
Legal Structure ◽  
Maximum Period ◽  
Calculated Period ◽  
The Russian Federation ◽  
Working Day ◽  
The Moment ◽  
The Right

Objective: to develop the “term” concept in the contract system legislation and to identify the features of terms calculation, taking into account the wording of the Federal Law “On the contract system in the field of procurement of goods, works, and services for state and municipal needs” of 02.07.2021.Methods: general scientific and specific scientific research methods are used in the work.Results: the legislation on the contract system does not register the “term” concept, but establishes it in all procedures and for all participants of the contract system. Terms violation entails administrative liability for both legal entities and officials. The entire logistics of procurement activities is connected with terms. As a result of the study, the following features related to terms in the contract system were identified: a) the terms calculation in the contract system in the field of procurement of goods, works, and services for state and municipal needs must be carried out in accordance with Chapter 11 of the Civil Code of the Russian Federation; b) Monday to Friday, except for federal official holidays, as well as other non-working days established by the authorities of the Russian Federation, should be considered working days; c) taking into account the high administrative responsibility for these offenses, if possible, to add to the established minimum and to subtract from the maximum period at least one day for unforeseen technical failures, in addition to the calculated period; d) in the legal structure “from the day following the day”, when establishing the maximum preventive terms in the law, to calculate the terms from the day of the event, the minimum preventive terms – from the day following the specified event; e) in some cases, as, for example, when concluding a contract, the customer should not only comply with all the terms of the formula “not more”, but also plan so that at the last stage there is no contradiction between “not more” and “not less”; f) the calculation of the terms provided by Law for the placement of electronic documents and information in the UIS starts from the moment they are placed in the UIS. Individual documents are placed in the UIS through the Treasury, the territorial body of which has the right to form notifications about the passage of control of these objects of control during the next working day. At that, the placement of control objects in the UIS will be carried out on the next working day from the date of their referral for control to the appropriate Treasury body.Scientific novelty: the article for the first time examines the norms and rules for calculating the terms stipulated in the Federal Law “On the contract system in the field of procurement of goods, works, and services for state and municipal needs” as amended on 02.07.2021, and analyzes regulatory legal acts in the field of procurement that come into force on January 1, 2022.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering issues related to the calculation of terms in the field of procurement.

The concept of vegetable world in the right

2014 ◽  
Vol 2 (5) ◽  
pp. 219-223
Author(s):  
Елена Минина ◽  
Elena Minina
Keyword(s):  
Russian Federation ◽  
Federal Law ◽  
Forest Code ◽  
The Russian Federation ◽  
The Moment ◽  
The Right ◽  
Individual Objects

The article analyzes the concept of "vegetation" and its use in the current legislation, marks discussion points classification of individual objects to the vegetable world, identifies the main areas of regulation of protection and use of vegetation (except forests) at the moment, and highlighted the issue of the development of a special federal law on the protection of flora and its relationship with the Forest Code of the Russian Federation.

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.

Prosecutor in the Court of Cassation in Criminal Cases

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Лев Бертовский ◽  
Lyev Byertovskiy ◽  
Дина Гехова ◽  
Dina Gekhova
Keyword(s):  
Russian Federation ◽  
Public Prosecutor ◽  
Federal Law ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Procedure Code ◽  
Moscow City ◽  
The Russian Federation ◽  
The Right

Federal Law No. 433-FZ «On Amendments to the Criminal Procedure Code of the Russian Federation and the Annulment of Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation» entered into force since January 1, 2013 in relation to the powers of prosecutors to lodge cassation representations against court’s decisions is under review in the article. The authors analyse judicial practice of cassation instance in Moscow City Court of 2014 year on criminal cases and demonstrate some omissions of prosecutors in consideration of cases in the court of cassation. The conclusion shows that a cassation representation should be prepared and submitted by subordinate to higher prosecutor, provided that public prosecutor shall obtain the right to apply directly to that prosecutor who has the right to lodge a cassation representation along with the project thereof. Such novel will positively influence to the quality of cassation representations prepared and made by prosecutors.

ANTI-CORRUPTION POLICY BY LEGAL MEANS

2015 ◽  
Vol 10 (6) ◽  
pp. 129-134 ◽  
Author(s):  
Назаренко ◽  
Gennadiy Nazarenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Not Given ◽  
Federal Law ◽  
Effective Implementation ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right ◽  
Official Status

In the article anti-corruption policy is considered in criminal law and in the preventive aspects. The definition of anti-corruption policy by legal means is given. It is shown that the most significant and effective tool in this direction (kind) of policy is the Criminal Code of the Russian Federation. However, the preventive potential of criminal law is not enough. The law does not cover a lot of corruption manifestations, which are involved in the use of any official status, its authority and opportunities. Up to the present time criminal law is not given with the accordance of the Federal Law «On combating corruption» from 25.12..2008 №273-FZ (as amended on 22.12.2014). Criminal law measures applied to corrupt officials, have palliative nature: they are based on the concept of limited use of criminal law and mitigation of punishment. The author makes a reasonable conclusion that more effective implementation of anti-corruption policy requires the adoption of new criminal law which contains the Chapter on corruption crimes, sanctions of which must include imprisonment as punishment as well as confiscation of property or life deprivation of the right to occupy certain positions or to be engaged in certain activities.

scholarly journals The right of Police officers and the Criminal-executive system to use firearms: some issues of theory and practice

2021 ◽  
Vol 39 (3) ◽  
pp. 136-143
Author(s):  
A. А. Alimov ◽  
◽  
S. A. Yunusov ◽  
Keyword(s):  
Russian Federation ◽  
Police Officers ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Penal System ◽  
Federal Law ◽  
The Russian Federation ◽  
Executive System ◽  
The Law ◽  
The Right

The article is devoted to the analysis of the Federal Law «On the Police» and the law of the Russian Federation «On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment», which empowers the police and the penal system with the right to use firearms. Possible problems of the implementation of the provisions of the legislation are identified, specific measures are proposed to improve the efficiency of legal regulation of the use of firearms by police officers and the penal system

scholarly journals PECULIARITIES OF SUPERVISION OVER THE RECEPTION, REGISTRATION AND AUTHORIZATION OF CRIMES UNDER ARTICLE 145.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION BY THE PRELIMINARY INVESTIGATION AUTHORITIES

2020 ◽  
Vol 30 (4) ◽  
pp. 535-540
Author(s):  
M.A. Gabdullina
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Code ◽  
Federal Law ◽  
Different Types ◽  
Complete Failure ◽  
Employer Liability ◽  
The Russian Federation ◽  
The Right

The Constitution of the Russian Federation protects the right to work for remuneration not below the statutory minimum wage. Non-payment of wages is one of the most serious violations of worker's rights. In this regard, the current legislation provides for different types of employer liability for violating these provisions: civil, administrative and criminal. The Federal law “On amendments to article 145.1 of the Criminal code of the Russian Federation” dated 23.12.2010 No. 382-FZ tightened criminal liability for non-payment of wages. Thus, in particular, this law introduced criminal liability for partial non-payment of wages, while the former wording of article 145.1 of the Criminal code established liability only for its complete failure. In practice, this norm has not previously been brought to criminal liability for partial non-payment of wages. The paper deals with the issues of powers of the Prosecutor at the stage of reception, registration and resolution of reports on crimes provided for by article 145.1 of the criminal code. The problematic issues arising from the investigative authorities in conducting procedural checks on the specified categories of messages are analyzed. Suggestions on the improvement of criminal-procedural legislation are made.

On Early Election Calling

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Виктория Вискулова ◽  
Viktoriya Viskulova
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Statistical Technique ◽  
Election Campaigns ◽  
Federal Law ◽  
Public Authorities ◽  
Election Process ◽  
The Russian Federation ◽  
The Right ◽  
Modelling Methods

Every year the Russian Federation holds thousands of elections — primary, early, occasional, runoffs, etc. This article describes a great number of early election campaigns in Russia, reflects some discrepancies in the statistics, and also reveals some problems of an election process. The author touches upon the following points: 1) proves that early elections are called due to early termination of powers of the elected authorities and officials; 2) demonstrates a variety of the RF constituent entities’ legal approaches to determining of initiators of early election calling; 3) suggests an all-in-one approach to early election calling — by election committees. In her article the author uses statistical technique, comparative juridical and legal modelling methods. As a result the author proposes some amendments to the RF Federal Law “On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum”. The author assumes that it is the election committees that should call for early elections, and not the elected public authorities or local governments.

Firm and Employees: Relationship Mechanism is Being Improved

2017 ◽  
Vol 6 (3) ◽  
pp. 18-26
Author(s):  
В. Лебедев ◽  
V. Lebedev ◽  
Е. Лебедева ◽  
E. Lebedeva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Working Hours ◽  
Federal Law ◽  
Employee Compensation ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Working Day ◽  
Delay In Payments

In June 2017, amendments to the Labor Code of the Russian Federation came into force, which resulted from the incorporation of previously canceled departmental recommendations into the federal law on overtime, shorter working hours, and a non-standardized working day. The analysis of changes in the labor legislation regarding compensation for work on weekends and holidays, for work in conditions of parttime work, overtime payment is analyzed. New laws and law enforcement practice are considered, including strengthening the employer’s liability for delay in payments which are payable to the employee, compensation in connection with the granting of unused leave with subsequent dismissal.

scholarly journals Constitutional status of federal territories in Russia: theoretical foundations of legislative regulation

2021 ◽  
Vol 5 (1) ◽  
pp. 124-140
Author(s):  
N. V. Vasilieva ◽  
S. V. Praskova ◽  
Yu. V. Pyatkovskaya
Keyword(s):  
Russian Federation ◽  
Complex Analysis ◽  
The State ◽  
Constitutional Court ◽  
Federal Law ◽  
The Status ◽  
Russian Constitution ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the study is the constitutional concept of federal territories in Russia. The purpose of the article is to confirm or disprove hypothesis that constitutional status of federal territories in Russia consists of system of elements and identify such elements. The authors use the method of formal legal interpretation of Russian Constitution, the methods of comparative constitutional law, complex analysis, systemic interpretation of Russian laws and drafts of laws. The main results of research, scope of application. When making an amendment to part 1 of Article 67 of the Constitution of the Russian Federation, the content of this innovation was not disclosed. Therefore the federal law on federal territories will be of decisive importance. The authors define the constitutional characteristics of the federal territories based on the literal content of the constitutional norm and the conclusion of the Constitutional Court of the Russian Federation. The federal territory is an element of the state territory that is not a subject of the federal structure and has a status different from the status of the constituent entities of the Russian Federation. There are specific features of the organization of public power in federal territory. The authors’ vision of the content of each of the elements of the federal territories is presented. It is noted that the defining element of the status of federal territories will be the purpose of their creation. The authors propose a conceptual division of federal territories in Russia into two types: inhabited and uninhabited. It is stated that at the moment, the status elements can be clearly defined only in relation to uninhabited federal territories. The formation of the concept of inhabited federal territories will depend on definition of the purpose of their creation. Conclusions. It is proposed to consider the elements of the status of federal territories in Russia, based on the elements of the status of the subject of the Russian Federation, and in comparison with them. Such elements are: territory, population, subjects of jurisdiction, responsibilities, state power organization, property and budget, system of taxes and fees, names and symbols, population’s role in the state affairs management.

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