PARTY AND INDEPENDENT-INDIVIDUAL REPRESENTATION IN THE MECHANISM OF ENSURING THE DEMOCRATIC MANDATE OF THE POPULAR TRUST IN A CONSTITUTIONAL STATE

2020 ◽  
Vol 6 (4) ◽  
pp. 248-264
Author(s):  
Alla N. Gutorova
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Party System ◽  
Political Competition ◽  
Legal Regulation ◽  
The Past ◽  
Legal Method ◽  
National Representation ◽  
The Russian Federation ◽  
Independent Individual

The party system in contemporary Russia has a number of features that should be taken into account in the course of the legal research and search for the optimal correlation of party and independent (individual) representation in the constitutional mechanism of the popular trust mandate. In our opinion, it is the features of the Russian party system at the present stage of its historical development, not multiparty as such, that determine the main vector of constitutional-legal regulation of these public relations and the relevant assessment of this phenomenon in Russian legal science. The research methodology is based on a comparative legal method that allowed the comparison of party and independent representation in the popular representation system. The use of the historical and legal method is determined by the need to identify the features of the development of the party system in modern Russia through the prism of historical facts. The forecasting method has allowed determining the prospects of further development of the Russian political system. The constitutional system of the Russian Federation over the past decades has demonstrated a very decisive rejection of the one-party ideological system and the transition to the nascent but steadily developing multiparty system. As the real multiparty system and political competition become stronger, the individual-independent form of popular representation will give way to the party mandate of popular trust until the institution of “independent” single-member deputies becomes a thing of the past, not only in the State Duma, but also in the legislative (representative) bodies of the constituent entities of the Russian Federation. “Independent-individual” national representation is more preferably for the local government, that is non-partisan national representation (in the general federal sense). By its constitutional and legal nature, the municipal popular representation is “independent and individual” in relation to political parties.

Restoring the financial health of debtors: Changing approaches in the legislation

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Health ◽  
Regulatory Enforcement ◽  
The Past ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Financial Recovery

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.

Legal restrictions on the right of association in political parties and their interpretation in court decisions: comparative legal analysis

2021 ◽  
Vol 30 (2) ◽  
pp. 149-179
Author(s):  
Andrey Vershinin
Keyword(s):  
Law Enforcement ◽  
Political Parties ◽  
Russian Federation ◽  
Party System ◽  
Large Scale ◽  
Political Competition ◽  
Constitutional Court ◽  
Freedom Of Association ◽  
The Russian Federation ◽  
The Creation

The article examines the issue of exercising the freedom of association in political parties in Russia in a comparative analysis with the leading democratic countries of the world. Modern democracies cannot be imagined without political parties, which are the representors of the interests of their voters in legislative bodies and local government bodies. The development of civil society and the entire political system in the country depends on how the freedom of association in political parties and the access of parties to participate in elections is realized. The development of legislation on political parties in the Russian Federation proceeded unevenly. In the first years after the adoption of the Constitution the legislative body did not introduce strict requirements for parties. The adoption of a special federal law on political parties in 2001 became a turning point in the development of the party system. The author identifies two large blocks of restrictions on the creation of parties. The first is legislative restrictions, the second is the restrictions that arise from the unfair activities of legislative and law enforcement agencies. In this work, legislative restrictions are compared with restrictions in other democracies, as well as based on legal positions developed by the European Court of Human Rights. The author comes to the opinion that some restrictions on the creation of parties are not necessary now, in the meantime they significantly narrow the possibilities of party creation and political competition. First, we are talking about a ban on the creation of regional parties. The Constitutional Court in its legal positions indicated that this restriction is temporary and will be lifted over time. Within the framework of this work, the author will give suggestions on changing the approach to the creation of political parties in Russia, which should affect the emergence of new strong parties at different levels of public authority. The author believes that a system of “controlled multiparty system” has developed in Russia, which is implemented both in changing the legislation on political parties based on the interests of the “party in power” and the practice of the registration body, which prevents the formation of new parties claiming to redistribute the existing distribution of forces. Based on the analysis of the legislation on political parties, law enforcement practice, decisions of the Constitutional Court of the Russian Federation, the ECHR and the legislation of foreign countries, the author proposes approaches to reforming the existing party system, which include small cosmetic changes and large-scale changes in approaches to the creation of parties.

Distinctive Features of the Object of Smuggling of Strategically Important Goods and Resources

2021 ◽  
pp. 225-230
Author(s):  
Vladislava K. Zaigraeva ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Code ◽  
Public Security ◽  
International Treaties ◽  
Eurasian Economic Union ◽  
Legal Method ◽  
Economic Sphere ◽  
The Russian Federation ◽  
Economic Union

The aim of the study is to consider issues related to the definition of public danger and the object of smuggling of strategically important goods and resources as a crime under Article 226.1 of the Criminal Code of the Russian Federation, as well as the positions of individual researchers on these issues. The methodological basis of the research was formed by the general scientific theory of knowledge; the method of comparative analysis and the logical-legal method of cognition were also used. The latter was used for a more accurate understanding of the norms of Russian criminal legislation, their analysis, as well as for the interpretation of the main provisions reflected in the legal literature. As a result, the author questions the correctness of the placement of the smuggling of strategically important goods and resources in Chapter 24, Crimes Against Public Security, of Section IX, Crimes Against Public Security and Public Order: in cases of smuggling of strategically important goods and resources, the procedure for movement established in the international treaties and legislation of the Russian Federation always suffers directly, while, taking into account the possibility of further distribution of smuggled objects in the event of an untimely suppression of these objects' illegal movement, public security is only endangered but does not suffer directly. The legislator establishes the qualification of smuggling of strategically important goods and resources in large volumes as exceeding one million rubles, which confirms that the public danger of this crime is determined by economic indicators. The author proves that smuggling of strategically important goods and resources harms public relations in the economic sphere rather than public relations that ensure public security. The conclusion is formulated that the totality of social relations that ensure the normal functioning and development of the economy should be considered as the main generic object of this crime. The direct object of smuggling of strategically important goods and resources is the procedure established by the international treaties and legislation of the Russian Federation for moving strategically important goods and resources through the customs border of the Eurasian Economic Union or the state border of the Russian Federation with the member states of the Eurasian Economic Union. Criminal liability for smuggling of strategically important goods and resources is proposed to be provided for in a separate article, which should be placed in Section VIII, Crimes in the Economic Sphere, of the Criminal Code of the Russian Federation.

Сurrent issues in regulatory property relations of spouses

10.12737/2070 ◽  
2013 ◽  
Vol 1 (5) ◽  
pp. 270-274
Author(s):  
Алла Серебрякова ◽  
Alla Serebryakova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Regulatory Property ◽  
Property Relations ◽  
The Past ◽  
Community Property ◽  
The Russian Federation

Over the past decade, the Russian Federation has changed the legal regulation of matrimonial property. Now there is a clear boundary between the personal and community property in law, but also formed the practice of the current legislation regulating property relations between spouses.

scholarly journals Maintenance of unity and territorial integrity of Russia: some constitutional legal problems

2018 ◽  
Vol 2 (1) ◽  
pp. 91-103
Author(s):  
Svyatoslav V. Ivanov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Territorial Integrity ◽  
Legal Method ◽  
The People ◽  
Legal Space ◽  
The Russian Federation ◽  
State Registration

The subject. The article is devoted to the analysis of public authorities’ activities in order to strengthen unity of domestic legal space and the people of Russia with regard to constitutional legal support of the state unity and territorial integrity of the Russian Federation.The purpose of the article is to make a critical analysis of implementing a system that consists of constitutional legal rules and procedures of regulatory impact on the unity of domestic legal space and the people of Russia with the aim of increasing the effectiveness of their implementation.The methodological basis of the study includes general-scientific methods (analysis and syn-thesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal acts).Results, scope. Consistent constitutional legal support of the state unity and territorial integrity of the Russian Federation requires elimination of defects and gaps in legal regulation and improvement of law enforcement practice. In particular, it is necessary to eliminate the practice of denial of a state registration of political parties on insignificant formal grounds in order to implement guarantees of the unity of the people of Russia.Conclusions. The consistent strengthening of the unity of domestic legal space and the people of the Russian Federation is of paramount importance to the constitutional and legal support of its state unity and territorial integrity. It is necessary to eliminate a number of legal defects and to make law enforcement practice more effective in order to implement these constitutional values.

scholarly journals Actual problems of application of labor protection rules of the Labor Code of the Russian Federation and the ways of solutions

2018 ◽  
Vol 2 (1) ◽  
pp. 63-68
Author(s):  
Roman V. Kirsanov
Keyword(s):  
Working Conditions ◽  
Russian Federation ◽  
Legal Regulation ◽  
Labor Protection ◽  
Employment Contract ◽  
Legal Method ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Right ◽  
Safe Working

The subject. The article deals with topical issues of ensuring the realization of the employee's right to healthy and safe working conditions.The purpose of the study is to identify the main directions of improvement of the Labor Code of the Russian Federation in the field of labor protection.The methodology includes formal-legal method, the analysis of the components of the right to healthy and safe working conditions, as well as the right to information and related rights.The main results. The author formulates proposals for amending a number of articles of the Labor Code, including those containing the most important branch principles, as well as those on termination of the employment contract and ensuring the right of an employee to a workplace that meets the requirements of labor protection.Examples from judicial practice show a low level of legal awareness of Russian employers and their disdainful attitude to labor legislation. This is expressed not only in violation of labor protection rules, but also in the absence of proper registration of an employee, when a written labor contract is not concluded with him. Thus, the relationship between the norms of different labor law institutions is expressed, expressed in their protective potential. The existing approach to understanding labor protection in a broad sense to a certain extent may be in demand even now. For example, by improving the norms on the conclu-sion, modification and termination of an employment contract, it is possible to achieve in parallel a certain improvement in working conditions for workers. This is due to the fact that legal registration of employment in most cases is associated with a higher level of security, since an employee without clearance does not actually exist for the state control and supervisory bodies.Conclusions. Understanding of labor protection as all-round protection of labor capacity of the person, being so widespread in Soviet time, looks quite justified nowadays too. The Labor Code of the Russian Federation, as the central regulatory legal act, should be considered as an instrument not only of legal regulation, but also of a powerful ideological impact on domestic employers, and changes and additions to labor legislation concerning labor protection should be made according to above-mentioned conclusion.

scholarly journals Jurisdiction over claims made against public-legal institutions

2020 ◽  
pp. 1-8
Author(s):  
Nikolay Basmanov ◽  
Andrei Vladimirovich Ilin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Practical Importance ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Legal Method ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Subject ◽  
The Russian Federation

This article discusses the question of territorial jurisdiction over claims made against public-legal institutions (Russian Federation, constituent entities of the Russian Federation, municipal formations). The subject of this research is the current procedural norms regulating the questions of jurisdiction, and the established law enforcement practice. Attention is turned to the existence of gaps in legal regulation of the question of jurisdiction over claims made against public-legal institutions in the Civil Procedure Code of the Russian Federation and Arbitration Procedure Code of the Russian Federation. The authors analyze the established approaches in law enforcement practice towards solution of the aforementioned problem. Methodological framework includes the comparative-legal method and such formal-logical methods, as analysis, synthesis and induction. The relevance and practical importance are substantiated by the subject of research – the law enforcement practice formed by the Russian judicial authorities over the recent years. The conclusion is made on the need for elimination of the existing gap in the normative-legal regulation by amending the current procedural legislation.

scholarly journals Financially-legal regulation of basic public debt management in the conditions of coronavirus pandemic

2021 ◽  
pp. 71-81
Author(s):  
A. B. Byla
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Public Debt ◽  
Legal Regulation ◽  
Debt Management ◽  
Foreign Markets ◽  
Financial Activity ◽  
The Russian Federation ◽  
Public Debt Management ◽  
Definition Of

This article is devoted to the consideration of some issues related to the legal regulation of the main methods of public debt management in Russia in the context of the coronavirus pandemic. In the course of the study, the features of the external and internal debt of the Russian Federation are highlighted, various approaches to the definition of this category are considered, and some aspects of legal regulation in this area are analyzed. It is determined that the norms of financial law regulate a whole and diverse set of public relations related to the implementation of borrowing both in the domestic and foreign markets, and it is necessary to comprehensively regulate this institution. In conclusion, it is concluded that the coronavirus pandemic has greatly affected all aspects of financial activity, the state had to resort to additional borrowing on the domestic market to eliminate the consequences of the pandemic. Based on this, we need a well-thought-out strategy for the development of legislation in this area at all levels of the budget system of the Russian Federation. 

scholarly journals Affiliation of legal entities: reality and prospects

2019 ◽  
Vol 2019 (3) ◽  
pp. 83-88
Author(s):  
Сергей Тычинин ◽  
Sergey Tychinin ◽  
Олег Скопенко ◽  
Oleg Skopenko
Keyword(s):  
Russian Federation ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Entity ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The relevance of the study of the problem of affiliation of legal entities is determined by the lack of a coherent legal mechanism to ensure the resolution of conflicts of interest between dependent persons. As of today, Russian legislation as a whole does not contain clear provisions regarding the concept of the affiliation of legal entities. Certain laws contain only separate independent concepts, for example, the concept of “affiliation” is used in the Civil Code of the Russian Federation; in the Federal Law «On Competition» - the concept of «group of persons»; in the Tax Code of the Russian Federation - the concept of «interdependent persons». Therefore, the study of the problem of settling relations with affiliates deserves special attention. The objectives of this study are the systematization and analytical study of the legal regulation of the institution of the affiliation of legal entities. In the course of the study, the authors used the following methods: analysis and synthesis, modeling, comparison, analysis of the regulatory framework, synthesis, formal legal method The article examines the issues of legal regulation of the affiliation of a legal entity. The definition of the concept of “affiliation” is given, criteria and signs of affiliation of a legal entity are defined, various scientific approaches to the definition of this category are given, problems of correlation with economic and other types of relations between affiliates are explored. In the course of the study, the authors came to the conclusion that the institution of affiliation in its present form undoubtedly needs to be reformed. It is necessary to develop a unified law, reflecting all the nuances of the concept of “affiliation” and the features of the transactions with affiliated persons.

scholarly journals Operators of foreign payment systems and foreign providers of payment services as subjects of national payment system

2020 ◽  
pp. 14-24
Author(s):  
Aleksandr Aleksandrovich Sitnik
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Financial Services ◽  
Legal Regulation ◽  
Payment System ◽  
Electronic Payment ◽  
Payment Systems ◽  
Financial Transfers ◽  
The Russian Federation ◽  
Payment Services

This article is dedicated to study of peculiarities of legal regulation of the work of operators of foreign payment systems and foreign providers of payment services within the framework of national payment system of the Russian Federation. The object of this research is the public relations that emerge in the process of rendering payment services by foreign providers, their provision of electronic payment means for financial transfers on the territory of the Russian Federation, functionality of the operators of foreign payment systems, and supervision by the Bank of Russia. The subject of this research is the legislative norms on national payment system. The scientific novelty consists in the fact that based on the positions of the legislation on national payment system conclusions are made on peculiarities of carrying out supervision over the operators of foreign payment systems and foreign providers of payment services. This supervision is also indirectly carried out through Russian operators of financial transfers. In a case of failure by a foreign organization to meet the requirements established by the legislation on national payment system, the operators of financial transfers loses its right to take part in international payment systems and render financial services associated with transfer of funds using electronic payment methods rendered by foreign providers. The corresponding rules were set to ensure stability of national payment system, increase the quality of payment services, protect the rights and lawful interests of payment service consumers, and finally, ensure financial security of the Russian Federation.

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