scholarly journals CONSTITUTIONAL STRUCTURE OF THE PRINCIPLES GOVERNING ECONOMIC ACTIVITY IN THE RUSSIAN FEDERATION AND FOREIGN COUNTRIES

2020 ◽  
Vol 34 (2) ◽  
pp. 60-65
Author(s):  
Z.M. Baglieva ◽  

The article presents a comparative legal analysis of the Constitution of the Russian Federation and the constitutional legislation of foreign countries for the content of the basic principles of regulating economic activity. The article examines the impact of international law on the formation of economic principles enshrined in the basic laws of States, and also discusses the process of globalization in this area, due to the basic rules and principles reflected in the provisions of international legal acts implemented in domestic law and expressed in the unification of constitutional and legal norms that allow for the most effective legal regulation of the economy in practice. The author concludes that the Constitution of the Russian Federation contains basic principles necessary for constitutional and legal regulation of economic relations, their development and improvement in the context of globalization.

Fisheries ◽  
2021 ◽  
Vol 2021 (5) ◽  
pp. 33-42
Author(s):  
Damir Bekyashev

The article discusses the norms of the legislation of the USA, Canada, Norway, Denmark (in part of Greenland) concerning the protection of marine mammals. A comparative legal analysis of these legal norms is carried out, the features, differences and similarities of legal regulation are revealed. Recommendations for improving Russian legislation and the possible application of the experience of foreign states in the legal regulation of the protection of mammals in the Russian Federation are developed.


Author(s):  
Sergey S. Chekulayev ◽  
Kirill V. Gordeyev ◽  
Mikhail R. Leonov

The article raises the issue of the provision of minor children in the event of parents’ failure to meet their alimony obligations in the Russian Federation. As its solution, the authors propose to create an institute of alimony fund. The article analyses and reveals the essence of this institution on the basis of the experience of Soviet Russia and foreign countries – Spain, Sweden, Estonia and other countries – through the following aspects: the size of state support for underage children, the procedure for providing assistance, as well as the procedure for reimbursement of funds spent by the state, the sources of funding funds. The authors mention the existence of a similar institution to the Union of Soviet Socialist Republics (the institution of temporary allowances for underage children). The article concludes that by creating the institute of the alimony fund in the Russian Federation is a comparative legal analysis of foreign institutions, public discussion, expert and legislative work based on the studied experience. The possibility of simultaneous existence of state and private forms of alimony funds in the Russian Federation is also analyzed. The authors propose to adopt the Federal Law «On Alimony Funds in the Russian Federation», which will embody the solution of the existing problem and serve as a basis for legal regulation of these funds.


2020 ◽  
Vol 210 ◽  
pp. 16018
Author(s):  
Zinaida Stolyarova ◽  
Albina Uskova

One of the topical issues that refer to legal status of foreign residents who live in host countries is the change of a purpose of entering this country, which entails the change of their immigration status. The paper deals with the issues of legal regulation of immigration status of foreign citizens, analyzes the experience of both foreign countries and the Russian Federation in resolving the issue of changing the immigration status without leaving a country. The authors have made some proposals on improving the system of legal regulation in the Russian Federation, which would help efficiently solve the problem under analysis.


Author(s):  
Sergey A. Starostin ◽  

The paper deals with the mechanism of administrative coercion. The peculiarity of the article content is a system analysis of the problems of theoretical, normative-legal and empirical (law-enforcement) aspects. The author defines the essence of administrative coercion, based on the modern system of legislative regulation and practice of its application, which has developed since March 2020. The article explores various aspects of administrative coercion. It is pointed out that the knowledge of administrative-legal coercion is impossible without its consideration in interre-lation with such categories as freedom, expediency, administrative responsibility.On the basis of the analysis of some coercive measures, applied in the conditions of pandemic, their legal assessment is given. Attention is drawn to the fact that in conditions of pandemic the measures of constraint which, according to their developers, fully conform to the require-ments of the Federal law "About protection of the population and territories against emergen-cies of natural and technogenic character" were and are often taken. It is not so! This Federal Law defines the general organizational and legal norms in the field of population and territory protection from emergencies, its effect covers the relations arising in the process of activity of state authorities of the Russian Federation and subjects of the Russian Federation, local authorities, as well as organizations and population in the field of population and territory protection from emergencies. In the context of the epidemic, the debate about the balance between voluntary submission and coercion in the form of fear of responsibility has intensified. Under conditions of uncer-tainty and unpredictability of the situation, the reality of risks, the legal regulation should be oriented towards protecting the population, excluding compromises and exceptions, blanket norms. But always possible in such conditions situations when the state in order to protect citizens, applies coercive measures not based on the law, when they are forced to be estab-lished by the executive authorities. The author of article used following methods: system analysis, dialectical, logical, com-parative-legal, analysis and synthesis, induction and deduction. As a result of the study conclusions were drawn that doctrine and practice convincingly prove that measures of administrative coercion should be formalized as much as possible. When the need arises to apply them, there is no time to discuss what measures, when, to what extent to apply. It is necessary to apply what is already there. When the situation returns to normal, the applied measures should be analysed and both the substantive norms and even more carefully the procedural norms should be improved. Provisions on executive authorities should include a mandatory section on "coercive measures applied by these authorities, grounds and procedure for their application".


2018 ◽  
Vol 2 (2) ◽  
pp. 40-47
Author(s):  
Maxim Viktorovich Bavsun ◽  
Ilya Aleksandrovich Beletskiy

The subject. The article is devoted to analysis of abuse of public rights in the sphere of crim-inal prosecution for violation the safety rules.The purpose of the article is to identify the condition and prerequisites for abuse of public rights in the sphere of criminal prosecution for violation the safety rules.Methodology. The authors use theoretical analysis and synthesis as well as legal methods including formal legal analysis, interpretation of legal acts and adjudications.Results, scope of application. It is proved that such abuse is the application of the criminal law in controversy with its specific tasks, established by the interrelated provisions of art. 2 of the Criminal Code of the Russian Federation and art. 6 of the Criminal Procedure Code of the Russian Federation. The possibility of applying criminal law to the detriment of the pro-tected interests of citizens and in violation of constitutional principles is due to a number of factors: first, the blurring of the limits of criminal law impact in the field of security in the production of works or services, and secondly, the lack of isomorphism of criminal law norms providing for liability in the named sphere of public relations and, as a consequence, the lack of coordination of sectoral norms.Conclusions. Conditions for abuse the public rights in criminal sphere indicate that the leg-islator ignores the requirement of systematic legal regulation, since identical offenses can receive both criminal law and administrative legal assessment.


2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.


2021 ◽  
pp. 128-133
Author(s):  
Irina G. Smirnova ◽  
◽  
Ekaterina V. Alekseeva ◽  
◽  

The article presents a comparative legal analysis of the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the People’s Republic of China, which regulate the rights and powers of the victim within the framework of the stage of initiating a criminal case. The authors highlight several significant differences in the legal regulation of this issue. The differences are: the obligation to comply with the rules of jurisdiction in China at the stage of filing a statement of a crime, which is not required under the Code of Criminal Procedure of the Russian Federation; compulsory fingerprinting of a person when filing a crime report with a public security agency implemented in China; the existence of several types of preliminary checks (the list of activities carried out as part of these checks in China is open); intensive development of IT technologies and their introduction into the life of society, including for the fight against crime and ensuring law and order in society, in China.


Author(s):  
V.I. Tikhonov

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.


Sign in / Sign up

Export Citation Format

Share Document