ON THE DEVELOPMENT PROSPECTS OF ADMINISTRATIVE LEGAL PROCEEDINGS IN THE RUSSIAN FEDERATION IN PUBLIC LAW CASES

2018 ◽  
pp. 15-21
Author(s):  
E. A. Naumova ◽  
Keyword(s):  
Russian Federation ◽  
Public Law ◽  
Legal Proceedings ◽  
The Russian Federation ◽  
Development Prospects

scholarly journals Jurisdiction in administrative cases on recognition of information posted on the Internet prohibited for distribution in the Russian Federation as an Institution of administrative procedure law

2020 ◽  
pp. 35-43
Author(s):  
Daria Dmitrievna Rozhkova
Keyword(s):  
Russian Federation ◽  
Case Law ◽  
Public Law ◽  
The Internet ◽  
Legal Proceedings ◽  
Administrative Procedure ◽  
Internet Resources ◽  
The Russian Federation ◽  
Pretrial Procedure ◽  
Autonomous Institution

This article analyzes peculiarities of jurisdiction on recognition information posted on the Internet prohibited for distribution in the Russian Federation, which is a relatively new institution of administrative procedure law. The subject of this research is the norms established in the Chapter 27.1 of the Code of Administrative Legal Proceedings of the Russian Federation, which form an autonomous institution of administrative procedure law of the Russian Federation. The provisions of this chapter are serve as the foundation for settling public law disputes emerging as a result of posting information on the Internet resources. The main conclusion consists in the statement that the concept of “information prohibited for distribution on the territory of the Russian Federation” needs to be amended, since the current legislation contains not only the rules that define information posted on the Internet. The author also underlines the need for introducing into the text of Administrative Procedure Code of pretrial procedure of consideration of administrative cases. The article substantiates that court procedure on recognition of information prohibited for distribution should be transparent and thoroughly regulated. At the same time, the case law confirms that legal process of recognition of information posted on the Internet prohibited for distribution in the Russian Federation is not flawless.

Remote Proceedings in the Supreme Court of the Russian Federation

2020 ◽  
Vol 2 (3) ◽  
pp. 100-118
Author(s):  
A. S. German ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Theoretical Basis ◽  
Information Technologies ◽  
Systematic Approach ◽  
Systematic Analysis ◽  
Social Distancing ◽  
Legal Proceedings ◽  
The Supreme Court ◽  
The Russian Federation

Introduction. Currently, the Supreme Court of the Russian Federation, like many state bodies, is faced with a global challenge – the coronavirus pandemic, which has affected all public processes. The need for social distancing has contributed to the more active use of modern technologies that facilitate remote court hearings. Theoretical basis. Methods. The theoretical basis of the study were the Russian and foreign scientific works devoted to the problems of introducing information technologies into judicial activity. The methodological basis of the study was a systematic approach that made it possible to consider the possibilities of remote justice in its relationship to significant factors of a legal and organisational nature. The study used the methods of logical generalisations, analysis and synthesis, together with a systematic approach and the method of comparative jurisprudence. Results. The article briefly presents the results of a systematic analysis of measures carried out by the Supreme Court of the Russian Federation aimed at ensuring the widespread use of remote technologies in the administration of justice. Discussion and Conclusion. Given the current pandemic situation, the Supreme Court of the Russian Federation has introduced integrated related web conferencing and video conferencing technologies for remote court hearings. These technologies began to be actively used by courts during the pandemic period. Their application ensures a reasonable time frame for legal proceedings and makes it possible to ensure the availability of justice even in conditions of social distancing. The undoubted advantage of remote technologies is their potential to reduce procedural costs in the course of legal proceedings. However, the issues under consideration require further research, as well as preparation of conceptual suggestions to the legislator aimed at optimising procedural legislation.

Non-Participation in Compulsory Procedures of Dispute Settlement

2018 ◽  
Author(s):  
Erik Franckx ◽  
Marco Benatar
Keyword(s):  
Russian Federation ◽  
Dispute Settlement ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
International Courts ◽  
Republic Of China ◽  
Legal Proceedings ◽  
Joint Declaration ◽  
Peculiar Form ◽  
The Russian Federation

Erik Franckx and Marco Benatar consider the peculiar backlash in the form of states rejecting the jurisdiction of international courts and tribunals (ICs). They discuss how the People’s Republic of China (PRC) rejected jurisdiction in the Philippines v PRC arbitration. The authors draw comparisons with how the Russian Federation rejected the jurisdiction of an arbitration panel in the Arctic Sunrise case. But both states participated in the peculiar form of forwarding ‘position papers’. This allows states new modes of influencing the bench without formally participating in the proceedings, argues Franckx and Benatar. This may tempt other states to apply a similar approach. For example, Croatia has presented its views to an arbitration panel in a dispute with Slovenia, despite its non-participation after irregularities by one of the arbitrators. The PRC and the Russian Federation have also issued a joint declaration encouraging non-participation in international legal proceedings.

AUTONOMY OF FAMILY RELATIONS AND CIVIL PROCEDURE

2021 ◽  
Vol 11 (1) ◽  
pp. 277-293
Author(s):  
P.A. YAKUSHEV
Keyword(s):  
Russian Federation ◽  
Family Law ◽  
Family Relations ◽  
Legal Proceedings ◽  
Family Courts ◽  
Procedural Code ◽  
Separate System ◽  
The Subject ◽  
The Russian Federation ◽  
Settlement Of Disputes

The article examines the ontology of the autonomy of family relations and its impact on the independence of family law as a branch of law. It is proved that the independence of family law as a branch of law, due by the nature of family relations and their autonomy, determines the need to regulate family relations by an independent codified normative legal act containing material norms of law. Thus, it is concluded that the branch autonomy does not determine the existence of a separate system of courts for the settlement of disputes connected with application of norms of law and an independent justice. Since all family disputes can be considered by courts of General jurisdiction within the existing types of legal proceedings (claim proceedings, special proceedings, writ proceedings), the creation of specialized family courts in the Russian Federation is impractical. However, for the proper consideration and resolution of family disputes, based on the specifics of their subject composition, the subject of dispute, the nature of relationships, degree of procedural activity of the court, it is necessary to supplement Civil procedural code of the Russian Federation separate chapters containing the rules governing the procedural peculiarities of consideration of some categories of family disputes.

State Support of Russian Small and Medium-Sized Business in the COVID-19 Pandemic and Development Prospects

2021 ◽  
pp. 438-464
Author(s):  
Elena Viktorovna Burdenko ◽  
Elena Vyacheslavovna Bykasova ◽  
Svetlana Vladimirovna Mudrova
Keyword(s):  
Retrospective Analysis ◽  
Russian Federation ◽  
The State ◽  
Support Program ◽  
State Support ◽  
Government Programs ◽  
Entrepreneurship Development ◽  
The Russian Federation ◽  
Development Prospects

The chapter provides a retrospective analysis of entrepreneurship development in Russia from the 9th century to 2020. It highlights four periods in the development of SMEs in Russia and gives characteristics of each of the periods. It also highlights criteria for classifying enterprises as small and medium-sized businesses according to Russian legislation. A retrospective analysis of government programs to support SMEs from 1994 to 2020 was carried out. The state support program, effective since 2016, “Strategy for the Development of Small and Medium-Sized Businesses in the Russian Federation for the Period Ending 2030,” is considered in detail. Attention is paid to target indicators of SME development until 2030. An analysis of measures of state support for SMEs in the context of the COVID-19 pandemic has been carried out, highlighting the most affected industries. An analysis of SMEs by region of Russia was also carried out. An analysis of SMEs in effected industries in the post-pandemic period is carried out.

Expansion of Public Law into the Sphere of Private Interests: Strengthening State Regulation as a New Management Paradigm

2020 ◽  
Vol 11 (2) ◽  
pp. 677
Author(s):  
Vladimir E. USANOV
Keyword(s):  
Russian Federation ◽  
Current Model ◽  
Public Law ◽  
State Regulation ◽  
Actual State ◽  
Public Authorities ◽  
State Of Emergency ◽  
Private Interests ◽  
The Russian Federation ◽  
The Government

Relevance. The article is relevant since the recent events have revealed the illusory nature of democratic principles and the independence of private interests in the Russian Federation. The illusion of free choice and democratic procedures disappeared when public authorities declared a state of emergency or self-isolation regime (quarantine during the COVID-2019 pandemic) facing a force that exceeded the resources and capabilities of the government systems. Objective. The article aims at studying a new global model of expanding public law into the sphere of private interests due to strengthening the state regulation of public relations as a new management paradigm. The current model typical of many countries, in particular Russia, can be called a model of an actual emergency. The Russian Federation did not declare de jure state of emergency. Otherwise, public authorities would have to take on big obligations and be responsible for losses (damages, contract failures, suspended trading and production, downsizing, unemployment) of their citizens and businesses. Methods. The main research method was deduction used for studying the legal specifics of expanding public law into the sphere of private interests. The author of the article also used the inductive, comparative-legal and historical methods, as well as the method of systematic scientific analysis. To solve the task, it is necessary to consider the legal foundations and features of strengthening state regulation as a new management paradigm. Results. Analyzing the actual state of emergency experienced by most countries and considering the actions of the Russian authorities, the author claims that public law serves as the basis of public administration but invades the sphere of private interests. It begins to manage it in a state of emergency to preserve the existing state system and its integrity. As a result, private law ceases to be independent and must obey the rules of public law. At the same time, the democratic traditions and principles proclaimed in the Constitution and other laws, human rights and civil freedoms are instantly absorbed by public law and become a legal fiction for a certain time.

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