scholarly journals DIRECTIONS FOR IMPROVING THE LEGAL SUPPORT OF PUBLIC SERVICE IN THE SUBJECT OF THE RUSSIAN FEDERATION Part II

2020 ◽  
Vol 35 (3) ◽  
pp. 50-55
Author(s):  
E.B. Abakumova ◽  
Keyword(s):  
Russian Federation ◽  
Public Service ◽  
Legal Status ◽  
Constitutional Rights ◽  
Legal Analysis ◽  
Public Office ◽  
Federal Level ◽  
Existing Problems ◽  
The Subject ◽  
The Russian Federation

On the basis of theoretical and legal analysis, the types of restrictions on constitutional rights established in connection with the replacement of public offices of a subject of the Russian Federation were determined, and the existing problems and contradictions in this area were indicated. It is shown that the current legislation does not separate the restrictions of constitutional rights in the sense of part 3 of article 55 of the Constitution of the Russian Federation and the immanent limits of the rights of citizens who hold public office in a subject of the Russian Federation. The paper also draws attention to the gap in Russian legislation in terms of disciplinary liability of persons holding public positions in the Russian Federation for violations of anti-corruption requirements. The article substantiates the need for regulatory consolidation at the Federal level of other types of disciplinary responsibility, in addition to dismissal due to loss of trust. In addition, regional laws that establish the basis for the legal status of persons who hold public positions in various authorities of the Russian Federation should include rules that oblige authorized persons to take decisions on the application of disciplinary measures in established cases.

scholarly journals Controlled foreign companies of Russian residents in the context of world trends

2021 ◽  
Vol 25 (4) ◽  
pp. 814-830
Author(s):  
Evgenia E. Frolova ◽  
Ekaterina A. Tsepova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Analysis ◽  
Global Trends ◽  
Foreign Companies ◽  
The World ◽  
The Subject ◽  
The Russian Federation ◽  
Foreign Corporations ◽  
Cfc Rules

The subject of this article is financial relations of the state and its tax residents with foreign assets (stock), as well as control over such companies through various legal mechanisms. The authors examined the main global trends in the development of legislation on controlled foreign corporations, as well as characteristics of tax systems that may contribute to such norms introduction. It was found that implementation of international multilateral agreements such as CRS MCAA and CBC MCAA in the field of tax control enhances development of anti-offshore regulation, including legislation on controlled foreign corporations. Particular attention is paid to the comparative legal analysis of the controlled foreign companies (CFC) rules in 15 jurisdictions, including the Russian Federation and identification of similar and specific rules. As a result of the research, the authors came to the conclusion that Russia is following the world trends, although at this stage it is not the country that forms them. In the future, to successfully apply the CFC legislation in the Russian Federation, it will be necessary to improve the existing norms , increase the efficiency of tax administration and improve the legal status of taxpayers.

scholarly journals Human Rights Activities of Human Rights Commissioners: Issues and Prospects

2020 ◽  
Vol 10 ◽  
pp. 76-80
Author(s):  
Dmitriy E. Gulyaev ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Legal Status ◽  
The State ◽  
Federal Legislation ◽  
Federal Level ◽  
Foreign Countries ◽  
The Subject ◽  
The Russian Federation

The article analyzes the problems that are currently being actively discussed by state authorities in the implementation of human rights activities by the Ombudsman in the Russian Federation and ombudsmen in the subject of the Russian Federation. The article contains suggestions for solving the problem of the lack of legal mechanisms for the transfer of powers by ombudsmen to other representatives during inspections of complaints received from citizens of the Russian Federation. The results of the analysis of the legislation of foreign countries are presented, on the basis of which the model of a special official of the Ombudsman suitable for Russia is substantiated, which is designed to increase the effectiveness of human rights activities. It is proposed to establish at the federal level the Institute of Deputy Ombudsman and provide for the possibility of establishing such an institution at the level of subjects of the Russian Federation. Deputies will be elected respectively by the State Duma of the Federal Assembly of the Russian Federation and the legislative (representative) bodies of subjects of the Russian Federation and will have legal status similar to ombudsmen. In this regard, it is proposed to amend the current federal legislation. The article also substantiates the position of the need to expand the range of powers of the Ombudsmen in the subjects of the Russian Federation in relation to territorial authorities, the activities of which are controlled by the President of the Russian Federation.

The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

scholarly journals The Establishment of Criminal Responsibility for Retail Sale of Alcoholic Products to Minors: An Analysis of the Feasibility

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 150-158
Author(s):  
K. V. Dyadyun
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Integrated Approach ◽  
Criminal Code ◽  
Retail Trade ◽  
Retail Sale ◽  
Existing Problems ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation

The paper analyzes the objective and subjective features of article 151.1 of the Criminal Code of the Russian Federation. The problems of interpretation and application of this norm are investigated, taking into account the goals and objectives underlying its creation. Special legislation regulating the sphere under study is considered. The studied imperfections of regulation of the subject of the crime (the relationship between the concepts of alcoholic and alcohol-containing products), problems of distinguishing acts from related compounds (article 151 of the Criminal Code), the complexity of the classification. The analysis of crime-forming features is presented: "repeatability", "retail", and "sale". Imperfections of the legislative and law enforcement approach in this aspect are revealed. In particular, the key features and correlation of the concepts of wholesale and retail trade are analyzed; the problems of assessing what was done with remote methods of selling alcohol; the content aspects of the categories "duplicity and repetition" in the context under study. The question of the expediency of replacing the term "sale" with "illegal sale" in the disposition of article 151.1 of the Criminal Code of the Russian Federation is studied. The regulation of features of the subject of the studied elements is considered, and existing problems are identified. The question of the expediency of norms with administrative prejudice in the criminal law was raised. Some problematic aspects of sentencing for retail sale of alcoholic products to minors are identified; and issues of establishing the subjective side of the elements. The paper analyzes the opinions of various authors regarding the possibility of improving the norm of article 151.1 of the Criminal Code of the Russian Federation, taking into account the study of statistical data and materials of judicial practice. The author indicates the need for an integrated approach in the fight against alcohol abuse among young people. The conclusion is presented regarding the validity of the existence of the studied norm in the Criminal Code of the Russian Federation in the current version.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

Comparative legal analysis of legal status models of state and municipal employee

2021 ◽  
pp. 678-691
Author(s):  
Nataliya E. Sadokhina ◽  
Oleg G. Shadsky
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Analysis ◽  
Municipal Service ◽  
Legal Method ◽  
Municipal Employees ◽  
Foreign Countries ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Legislative Reforms

The relevance of this study is due to the great importance of the institution of state and municipal service in ensuring the tasks and functions of the state. The legal status of state and municipal employees is being perma-nently reformed. The next stage of reforms is associated with the amend-ments to the Constitution of the Russian Federation made in 2020, which also affected the requirements for persons employed in the public service. In addition, the appearance in the Constitution of the term “public authority”, which includes not only state power, but also local self-government, largely predetermined the unification of requirements for persons employed in state and municipal service. The constitutional changes led to the reform of legislation in this area. We conclude about the importance of comparative legal research for the scientific substantiation of ongoing legislative reforms. The comparative legal method of research allows us to single out the general, special and singular in the development of normative regulation of the legal status of state and municipal employees in various legal families and systems of our time. Based on the analysis carried out, we determine the similarity in the structure of the legal status of state and municipal employees in Russia and foreign countries. At the same time, attention is drawn to the fact that the range of civil service positions in the Russian Federation is narrower than abroad. We forecast the ways of development of domestic legislation in this area.

scholarly journals The subject of judicial control in consideration of complaints: controversial issues of legal regulation

2021 ◽  
Vol 2021 (2) ◽  
pp. 104-109
Author(s):  
El'vira Mirgorodskaya
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
The Russian Federation

The purpose of this study was an attempt to theoretically understand the subject of judicial consideration of complaints against decisions, actions (inaction) of officials carrying out criminal prosecution. The research was carried out on the basis of comparative legal, formal logical, empirical, statistical methods. Judicial statistics for the year 2020 have been provided, and legislation has been studied from a historical and contemporary perspective, taking into account the practice of the Constitutional Court of the Russian Federation. The problem is that, in practice, for about 20 years the courts have had difficulties in determining the subject of complaints, since neither in theory nor in practice a consensus has been developed on this issue. The Criminal Procedure Code of the Russian Federation also does not contain a definition of the concept of «subject matter». The situation is aggravated by the presence of evaluative concepts in the text of the law, leading to a varied understanding of the subject of appeal by the courts, which leads to a violation of the constitutional rights of citizens at the pre-trial stages of criminal proceedings. In the article, taking into account the analysis of the practice of the Constitutional Court of the Russian Federation, legislation and the opinion of scientists, a recommendation was made to amend the Criminal Procedure Code of the Russian Federation to specify the subject of consideration of complaints in accordance with Art. 125 of the Criminal Procedure Code of the Russian Federation in order to eliminate existing contradictions in practice and increase the level of protection of individual rights in pre-trial proceedings.

scholarly journals Legal collisions for establishing tax benefits on land tax (the example of the Free port of Vladivostok)

2020 ◽  
Vol 3 (4) ◽  
pp. 51-62
Author(s):  
Svetlana M. Mironova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Economic Status ◽  
Federal Regulation ◽  
Federal Level ◽  
Local Taxes ◽  
The Russian Federation ◽  
Free Port ◽  
Tax Benefits ◽  
Port Of Vladivostok

The subject. The analysis of the establishment of land tax benefits for residents of the Free Port of Vladivostok by municipalities is carried out.The purpose of the article is to determine the feasibility of establishing land tax benefits for residents of the Free Port of Vladivostok (FPV) by the municipalities themselves or to confirm the need for federal regulation of the establishment of such benefits by the Tax Code of the Russian Federation.The methodology of the study includes the analysis of municipal legal acts on the establishment of land taxes in municipalities that are parts of the FPV.The main results and scope of their application. Due to the limitation of powers of municipalities located in territories with special legal status, one of the powers that such municipalities exercise is the establishment of local taxes and fees, as well as local tax benefits for residents of such territories. In most cases, such benefits provided at the federal level, so municipalities only “exercise the will” of the federal legislator by imposing a local tax on their territory. Due to the absence of federal regulation, tax benefits on local taxes will be established at the discretion of local authorities, which may lead to competition and unequal economic conditions for residents. So, for residents of the Free Port of Vladivostok (which includes 22 municipalities located in five constituent entities of the Russian Federation) in the absence of federal regulation, the municipal entities themselves will establish land tax benefits, which in practice leads to differentiation in the payment of land tax in the territory of the Free Port of Vladivostok. All municipalities that are parts of the FPV are divided into three groups: 1) a land tax exemption has been established in the municipalities of the first group; 2) the municipalities of the second group has not established a land tax benefit; 3) the municipalities of the third group have a zero land tax rate. It is necessary to establish a common list of benefits on the territory of the FPV by the Tax Code of the Russian Federation with the possibility of expanding such benefits at the regional and municipal levels, taking into account local characteristics.Conclusions. Municipalities establish the land tax benefits in different ways, and such situation leads to an unequal economic situation for residents of FPV. In order to remove competition between municipalities and due to the significance of the goals that the state sets for itself, creating territories with special economic status, it seems necessary to establish a typical list of benefits on such territories at the federal level by the Tax Code of the Russian Federation with the possibility of expanding such benefits at regional and municipal level according to local circumstances.

scholarly journals CRIMINAL AND LEGAL STUDY OF CONNIVANCE IN CRIME AS A SIGN CHARACTERIZING CONFLUENCE OF SEVERAL PERSONS IN ONE CRIME

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 236-241
Author(s):  
A. A. Kashkarov ◽  
D. A. Poshtaruk
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Analysis ◽  
Legal Study ◽  
The Subject ◽  
The Russian Federation ◽  
Objective Side ◽  
Made In

A criminal and legal analysis of the objective and subjective signs, characterizing the connivance to the crime is made in the publication. The study found that connivance in a crime may be characteristic of various criminal law institutions, such as implication in a crime and complicity in a crime. In addition, the presented arguments show that connivance as a criminally punishable act may be associated with non-interference with unlawful activities that do not constitute a crime. The analysis shows that connivance in a crime can have a selfish purpose. It is noted that connivance in a crime is significantly different from other forms of implication in a crime, namely concealment of a crime and failure to report a crime. The subject of connivance in a crime is a person endowed with special powers to prevent, document and register crimes or offences. The article discloses that there is no special penal provision in the current Act of Criminal Responsibility of the Russian Federation that criminalizes it. The exception is the disposition of Art. 290 of the Criminal Code of RF, which contains an indication of connivance as a sign characterizing the objective side of receiving a bribe.

scholarly journals Activity of the constituent entities of the Russian Federation in the area of traditional medicine: good or harm?

2020 ◽  
pp. 11-24
Author(s):  
Kseniya Igorevna Korobko
Keyword(s):  
Traditional Medicine ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Federal Legislation ◽  
Present Stage ◽  
Federal Level ◽  
The Russian Federation

This article analyzes the legal regulation of social relations in the area of traditional medicine on the level of constituent entities of the Russian Federation at the present stage. The author examines the normative legal acts with regards to traditional medicine on the federal and regional levels. A conclusion is made that federal legislation regulates a limited number of questions in the field of traditional medicine; thus legal regulation in this sphere is virtually delegated to the constituent entities of the Russian Federation. At the same time, legislation fundamentally differs from region to region, so is the legal status of the participants of legal relations. The scientific novelty consists in formulated conclusions on the need for amending the current legislation for the purpose of consolidation on the federal level of universal requirements to exercising activity by all subjects of traditional medicine. Such recommendations would allow ensuring unity of legal status of the subjects of legal relations in the area of traditional medicine throughout the Russian Federation.

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