scholarly journals The “concentration of public elements” theory and the arbitrability of disputes in Russia

2021 ◽  
Vol 12 (1) ◽  
pp. 112-122
Author(s):  
Oleg Yu. Skvortsov ◽  
Keyword(s):  
Dispute Resolution ◽  
Public Order ◽  
Conservative Approach ◽  
Arbitral Tribunal ◽  
Negative Consequences ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Substantive Law ◽  
Two Sectors

This article is devoted to the analysis of the theory of concentration of public elements. The author explains the causes of this theory and its influence on the arbitrability of disputes in Russia. The causes of this jurisdictional theory are illustrated in the development of substantive law. The work emphasizes that the two sectors of civil turnover regulation, which have developed in Russia, largely affect the formation of dispute resolution mechanisms. This also applies to the issue of determining the range of disputes that the arbitral tribunal is entitled to accept for its consideration. The author stresses that there are no norms in the legislation on which the theory of concentration of public elements is based. It is generated exclusively by judicial decisions, which are not always consistent. This is evidenced by the fact that, despite the precedent nature of one of the decisions of the Supreme Court of the Russian Federation on the arbitrability of procurement disputes for the needs of certain types of legal entities, lower cassation courts refuse to recognize the arbitrability of this category of disputes. At the same time, they refer to the violation of public order when considering procurement disputes by arbitration courts. This is seen as some manipulation in which a conservative approach to the activities of arbitration courts is provided by the arbitrary involvement of various doctrines that have no basis in the law. The author predicts the negative consequences of the development of this doctrine, which will take place in the form of limiting the arbitrability of disputes considered by commercial arbitrations and in relation to other categories of cases in which a public element will be manifested to a greater or lesser extent.

scholarly journals Online legal proceedings in the Russian Federation

2020 ◽  
Vol 8 (5) ◽  
pp. 49-54
Author(s):  
Ekaterina Rusakova ◽  
Viktor Zaytsev
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Russian Federation ◽  
Necessary Conditions ◽  
Legal Framework ◽  
Legal Proceedings ◽  
Online Dispute Resolution ◽  
The Supreme Court ◽  
The Russian Federation

This article examines the trends in the introduction of online dispute resolution procedures in Russian legal proceedings, which is currently of the greatest interest. The author analyzes the existing legal framework, which has a significant impact on the process of creating the necessary conditions for online dispute resolution. The exceptional importance of the Supreme Court of the Russian Federation in the development of online procedures is emphasized. There are clear requirements on which the platform for online dispute resolution should be based. It is concluded that Russia has the necessary Foundation for the development of online dispute resolution.

scholarly journals Criminal law and penal aspects of the application of the suspension of sentence

2019 ◽  
Vol 13 (3) ◽  
pp. 335-340
Author(s):  
N. G. Skobeleva ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Statistical Data ◽  
Historical Background ◽  
Public Order ◽  
Adopted Children ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Administrative Responsibility

The article comprehensively examined the problematic issues related to the suspension of criminal sentence, and also analyzes the practical difficulties of implementing the suspension of criminal sentence, provides a brief historical background on the development of the institution of suspension of criminal sentence in domestic criminal law. The author identifies not only positive, but also negative conditions that can change the content of the institution of suspension of criminal sentence. Based on a study of the statistical data of the Judicial Department under the Supreme Court of the Russian Federation on the appointment of a suspension of criminal sentence and its cancellation as well as the data of the Federal Penal Service of Russia on convicts registered in the penal inspections with a suspension of criminal sentence, it is proposed to classify the suspension of criminal sentence by the time of its application (at the stage of sentencing the court, with subsequent release from the actual serving of the sentence and at the stage of the execution of the court sentence), the issue of the application of suspension of criminal sentence to convicts who have adopted children or who have taken them under their guardianship. There is is substantiated expediency of considering convicts, to whom suspension of criminal sentence is applied, evading from raising a child, if they have been subjected to administrative responsibility for violation of public order two or more times a year.

scholarly journals Criminalization of AUE*: the Pitfalls of the Enforcement of the Decision* The organization is banned in the Russian Federation

2021 ◽  
Vol 1 ◽  
pp. 68-73
Author(s):  
V. N. Shikhanov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Theory And Practice ◽  
Criminological Theory ◽  
Negative Consequences ◽  
Legal Assessment ◽  
The Supreme Court ◽  
The Russian Federation

The article analyzes the expected positive and possible negative consequences of the implementation of the decision of the Supreme Court of the Russia to ban the activities of the international public movement “Prisoner criminal unity” in the Russian Federation. The organization is recognized as extremist. The author considers possible options for criminal-legal assessment of the activities of adults who coordinate minor adherents of this subculture, legal assessment of the collection and storage of material and financial resources (the so-called “obshchak”), which are intended to Finance the activities of the “AUE” movement or its members. Special attention is paid to the issues of legal influence on teenagers who are in one way or another committed to the“AUE”-ideology. Based on criminological theory and practice, the author draws attention to a number of issues on which it is necessary to develop a clear position in order to avoid negative side effects from the application of the norms of the Codec of the Russia on administrative offenses and the Criminal code of the Russian Federation. Among these consequences, the risks of dramatization of evil and stigmatization with subsequent polarization of young people, excessive expansion of the boundaries of criminal repression for ideological reasons, and an increase in the mood of sympathy or imitation for those who will be brought to criminal responsibility for adhering to the criminal subculture are highlighted. According to the author, the window of opportunities for countering the criminal subculture should be used with great care, so as not to repeat the mistakes and excesses that were previously made in countering extremist activities and for the sake of eliminating which the Prosecutor General’s office of the Russian Federation, together with the Plenum of the Supreme Court of the Russian Federation, in September 2018, were forced to significantly adjust law enforcement practice.

scholarly journals On the legal feignfullness in the sanitary and epidemiological sphere against the background of the COVID-19 pandemic

2021 ◽  
Vol 27 (3) ◽  
pp. 228-234
Author(s):  
Irina P. Bakulina ◽  
Dmitry A. Kirillov
Keyword(s):  
The State ◽  
Negative Consequences ◽  
Social Tension ◽  
Social Nature ◽  
Legal Nature ◽  
State And Society ◽  
The Supreme Court ◽  
Long Time ◽  
The Russian Federation ◽  
Legal Restrictions

Sanitary and epidemiological processes against the background of the COVID-19 pandemic have confirmed the prevalence of legal feignfullness in Russia. For a long time, legal feignfullness has been officially mentioned only in the Civil Code of the Russian Federation and has been assessed by the state and society quite neutrally. The assessment has not changed much even with the recent introduction of administrative responsibility for feigned accounting, although the nominally in this branch of law assessment of legal feignfullness has become negative. Against the background of anti-COVID sanitary and epidemiological measures, the neutral attitude of society to legal feignfullness changed to a negative one and coincided with administrative and legal negative assessment of legal feignfullness. This makes it topical to eliminate the negative consequences of legal feignfullness in the sanitary and epidemiological sphere; to determine the legal means of blocking conflict-causing factors; to prevent new manifestations of legal feignfullness. It is revealed that the high alert mode is largely feigned, covers up a “hybridˮ regime of a dubious legal nature with an unreasonable amount of legal restrictions and insufficient state guarantees. The interpretation of the Presidium of the Supreme Court worsens, in comparison with the law, the legal fate of persons brought to justice for violating the “anti-COVIDˮ rules. All this generates social tension and distrust of the anti-pandemic measures of the state as feigned ones. The article contains recommendations for neutralising the consequences of legal feignfullness. In addition, the increase in social tension against the background of the COVID-19 pandemic further demonstrated the existence of feigned legal phenomena of a general social nature, in particular, in the areas of federalism, legality, as well as solidarity of the state and society.

On some Issues of the Practice of Dispute Resolution in the Field of Insurance Bank Deposits

2021 ◽  
pp. 17-24
Author(s):  
Svetlana S. Tropskaya ◽  
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Russian Federation ◽  
Deposit Insurance ◽  
Federal Law ◽  
Bank Deposits ◽  
The Supreme Court ◽  
The Russian Federation

The article analyzes the practice of applying the federal law «On Deposit Insurance in Banks of the Russian Federation», defines the categories of cases in the field of deposit insurance, highlights the circumstances and facts that the court pays special attention to when considering certain categories of cases. As a result, it is concluded that the Supreme Court of the Russian Federation should issue an act summarizing the practice of considering disputes in the field of mandatory deposit insurance.

scholarly journals Administrative and Legal Framework for Citizens’ Participation in the Maintenance of Public Order in Russia and Finland

2020 ◽  
Vol 17 (4) ◽  
pp. 557-565
Author(s):  
A. V. Khromov
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Law ◽  
Public Order ◽  
Negative Consequences ◽  
Law Enforcement Agencies ◽  
Emergency Situations ◽  
The Russian Federation

The article provides a comparative analysis of administrative legal norms of the Russian Federation and Finland that regulate the participation of citizens in the protection of public order. The relevance of the chosen topic is determined by the fact that the human rights activities of law enforcement agencies, their importance in the fieldof public law enforcement, personal and public security is often unproductive, especially in the context of the global economic crisis, in which the functioning of law enforcement agencies alone is obviously not enough to protect human rights and freedoms and maintain public law and order. It is known that public tension in the state, including in Russia and Finland, increases sharply in emergency situations: during man-made disasters, epidemics, social crises, and terrorist activities. In such situations, the existence of public organizations whose activities guarantee the protection of public order and the elimination of negative consequences of emergency situations is extremely necessary. The Author considers the concept of public order, reveals its essence and content. The definition of the term “protection of public order” is formulated. It defines the legal regulation of citizens’ participation in public order protection in the Russian Federation and Finland. Common and similar features of such regulation are highlighted. The main legal acts regulating the participation of citizens in the protection of public order in Russia and Finland are analyzed in detail. According to the Author, strict centralization, as well as the lack of proper interaction of law enforcement agencies with society, is one of the key problems of enforcement and protection of public order in the law enforcement system of Russia and Finland. The issue of voluntary national teams functioning both in Russia and Finland is being considered. Attention is drawn to their specific features. In the end, the author concludes that at present, both for Russia and Finland, the issue of protecting citizens who take part in the protection of public order is a difficult one. It can be stated that in comparison with the Russian Federation, Finland provides a much smaller amount of guarantees for the protection of citizens who participate in the protection of public order.

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