scholarly journals Essence and content of the financial activities of subjects of the Russian Federation

2021 ◽  
Vol 39 (3) ◽  
pp. 62-65
Author(s):  
N. M. Ataeva ◽  
Keyword(s):  
Russian Federation ◽  
Traditional Approach ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Financial Activity ◽  
Analysis And Synthesis ◽  
Research Problems ◽  
The Russian Federation

The aims of the article are to research problems of Russian Federation’s subjects financial activity and to analyze this term as one of the attribute of the Federation’s subject. Authors adhere the traditional approach of understanding financial activity of subjects of the Russian Federation, which has been researched in law science. There is researching of following terms: financial federalism, budgetary federalism, their basics, essence and content of the financial activities of subjects of the Russian Federation. Writing the article authors use different scientific methods, such as dialectical, logical, formal and legal, analysis and synthesis. In conclusion, author gave her own term of financial activities of subjects of the Russian Federation.

scholarly journals Administrative oversight: improving compliance practices

2021 ◽  
Vol 118 ◽  
pp. 03001
Author(s):  
Aleksander Nikolaevich Varygin ◽  
Irina Alekseevna Efremova ◽  
Vladimir Gennadievich Gromov ◽  
Pavel Anatolievich Matushkin ◽  
Anastasia Mikhailovna Shuvalova
Keyword(s):  
Russian Federation ◽  
Preventive Treatment ◽  
Integrated Approach ◽  
Federal Law ◽  
Scientific Methods ◽  
Administrative Supervision ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Russian Federation ◽  
Administrative Oversight

The main purpose of the research is to determine the goals, objectives and functions of administrative supervision and develop proposals for improving the legislation of the Russian Federation regulating issues related to the implementation of administrative supervision. Research methods: general scientific methods (analysis and synthesis, logical methods) and private scientific methods of cognition (formally-legally, specifically-sociological etc.). Outcome: the author’s version of the administrative supervision goals and objectives set out in the regulatory documents of the Russian Federation is proposed: 1. Administrative supervision is established to prevent the commission of crimes and other offences by persons. 2. The administrative supervision focuses on implementation by the internal affairs bodies of supervision over the observance by supervised persons of temporary restrictions on their rights and freedoms, as well as over the fulfillment of their duties stipulated by the related federal law; identification of violations by those under the supervision and taking measures in accordance with the law; individual preventive treatment of such persons. The novelty of the study is due to an integrated approach to the research into the goals, objectives and functions of administrative supervision and the developed proposals for improving the Russian legislation regulating issues in that area.

scholarly journals The instruments for combating shadow economy in the Russian Federation

2021 ◽  
pp. 22-32
Author(s):  
Eka Ermakova
Keyword(s):  
Russian Federation ◽  
Shadow Economy ◽  
Practical Experience ◽  
Legal Framework ◽  
Scientific Methods ◽  
Research Systems ◽  
Analysis And Synthesis ◽  
Effective System ◽  
Computer Based ◽  
The Russian Federation

This article substantiates the need for the development and application of the additional instruments for combating shadow economy in the Russian Federation. The object of this research is the measures for combating shadow economy, while the subject is the related punitive and preventive instruments. The research methodology employs the general scientific methods (scientific abstraction, unity of historical and logical, analysis and synthesis, induction and deduction, comparison and analogy); systemic and comprehensive approach; official statistical data, normative legal acts, works of the leading researchers dedicated to the problems of expansion of shadow economy, computer-based legal research systems Garant and ConsultantPlus. The study of the normative legal framework and scientific writings of the leading scholars, as well as the analysis of practical experience of the Russian Federation in combating shadow economy allowed making the following conclusions: the effective system of combating shadow economic processes should be built on all levels of governance: micro, meso and macro; at the same time, each of these levels should be able to apply both punitive and preventive instruments that encourage the actors to engage in legal activity. In recent years, Russia largely implements preventive methods for combating shadow economy. However, the rate of shadow economy in the country remains high (33% of GDP), which thwarts the economic development.

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. 

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals CONTROVERSIAL ISSUES OF SUBSUMPTION OF MALFEASANCE

2018 ◽  
Vol 2 (2) ◽  
pp. 64-69
Author(s):  
Evgeny Evgenyevich Zabuga
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Code ◽  
Point Of View ◽  
Controversial Issues ◽  
Scientific Methods ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Scope Of Application ◽  
The Russian Federation

The subject. The article deals with subsumption of malfeasance, judicial characterization of such white-collar crimes.The purpose of the paper is to answer the question of admissibility of qualification of ho-mogeneous actions of a person according to two separate art. 285 and 286 of the Criminal Сode of the Russian Federation.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of normative legal and judicial acts).Results and scope of application. Within the meaning of paragraph 15 of the Resolution of Plenum of Supreme Court of the Russian Federation, it is absolutely clear that legal actions of an official, which were not caused by official necessity, must be qualified under art. 285 of the Criminal Code of the Russian Federation.Not only legally, but even from the point of view of ordinary logic, the qualification of ho-mogeneous actions by different criminal law norms is unacceptable.Due to the fact that art. 286 of the Criminal Code of the Russian Federation is not a crime of corruption by its characteristics, art. 285 of the Сriminal Сode of the Russian Federation cannot be regarded as a special case of abuse of power.Conclusions. This is unacceptable to qualify the homogeneous actions of a person according to two separate articles – art. 285 and 286 – of the Criminal Сode of the Russian Federation. It is necessary to add the Resolution of Plenum of Russian Supreme Court from October 16, 2009, No. 19 by the provisions more specifically delimiting qualification of malfeasance crimes according to art. 285 and 286 of the Criminal Сode of the Russian Federation.

scholarly journals Debatable Issues of Law Enforcement Practice on Reducing the Penalty by the Court in Accordance with Article 333 of the Civil Code of the Russian Federation

2021 ◽  
Vol 2021 (3) ◽  
pp. 244-250
Author(s):  
Ekaterina Abakumova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Code ◽  
Practical Implementation ◽  
Scientific Methods ◽  
System Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Russian Federation ◽  
Legal Understanding

This study is an attempt to draw a theoretical and legal understanding of law enforcement practice to reduce the penalty in court. The research was based on the comparative legal, statistical, historical, and general scientific methods of cognition (system method, analysis and synthesis, logic, etc.). The author analyzed doctrinal ideas regarding the legal nature of penalty. The study revealed controversial conceptual and theoretical issues related to this legal institution that are of fundamental importance for its practical implementation. A retrospective analysis of the law enforcement practice under Article 333 of the Civil Code of the Russian Federation demonstrated a need for a wider recognition of the penalty function, not only in civil law, but also in tax relations.

scholarly journals Reforming legislation in prevention of neglect and juvenile delinquency

2021 ◽  
Vol 108 ◽  
pp. 03005
Author(s):  
Elena Nikolayevna Ryabova ◽  
Leonid Ivanovich Savinov ◽  
Dmitrii Vladimirovich Bondarenko ◽  
Tatyana Vladimirovna Cherkasova
Keyword(s):  
Juvenile Delinquency ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Federal Law ◽  
Scientific Cognition ◽  
Rights Protection ◽  
Analysis And Synthesis ◽  
The Russian Federation

The article represents the results of the analysis of modern legal regulation of the system for prevention of neglect and juvenile delinquency in the Russian Federation and activity of commissions for juvenile affairs and juvenile rights protection as the main authority of that system. Relevance and immediacy of changes and reforming of legislation in the prevention of neglect and juvenile delinquency and areas of such activity are associated with the needs of the modern informational society. The authors analyze regulatory legal acts governing the activity of commissions for juvenile affairs and juvenile rights protection, proposals of executive authorities of constituents of the Russian Federation in the practicability of developing a concept of federal law on prevention of neglect and juvenile delinquency and rights’ protection and they characterize primary trends in the activity of this authority in order to define further perspectives of activity within the system of prevention of neglect and juvenile delinquency in Russia. Methodological support of the research are such methods of scientific cognition as analysis and synthesis, comparative-legal, formally legal, analysis of documents, legal modeling, survey, which allowed for a comprehensive approach to the research of this problem. The result of the research was reasoned conclusions on the practicability of reforming authorities and legal relations in the system of prevention of neglect and juvenile delinquency. Models are given for the modernization of commissions for juvenile affairs and juvenile rights protection. The results ensure conceptual basis and trends in the development of proposals for improvement of legal regulatory regulation of social relations in the prevention of asocial behavior and juvenile delinquency.

scholarly journals LEGAL REGULATION OF PUBLIC RELATIONS ON THE MEDICAL SECRECY IN THE KINGDOM OF DENMARK AND IN THE RUSSIAN FEDERATION: A SELECTIVE COMPARATIVE ANALYSIS

2017 ◽  
Vol 3 (4) ◽  
pp. 74-80
Author(s):  
Александр Павлов ◽  
Aleksandr Pavlov
Keyword(s):  
Comparative Analysis ◽  
Public Relations ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Legal Forms ◽  
Historical Comparative

The purpose of this study is to conduct a selective analysis of the legislation of the Kingdom of Denmark that regulates public relations regarding medical secrecy in comparison with the legislation of the Russian Federation regulating similar relations. The relevance of the topic is determined by the need to study the specific features of the legal regulation of the social relations selected, as well as the possibility of extracting positive experience of legal regulation of the legal forms chosen – legal relations, legal forms, etc. The object of the study is the public relations that arise over the medical secrecy in the Kingdom of Denmark and in the Russian Federation. The subject of the study is the comparison of a legal institution of medical secrecy and a similar institution in the Russian Federation. The methodological basis of the research consists of general scientific methods of research – analysis and synthesis, systemstructural, formal-logical and analogies, as well as special methods – historical, comparative analysis, descriptive and other methods. The legal regulation of public relations regarding the medical secrecy of a citizen in the Kingdom of Denmark – in comparison with a similar category in the Russian Federation – has significant differences, which can be explained by the specific features of legal systems of both states belonging to different legal families. Despite the fact that in Denmark the legal regulation of relations regarding medical secrecy refers to the powers of bodies other than the legislature and the executive (competence of the Ministry of Health of the Kingdom of Denmark). It is characterized by perfect legal techniques and a wide and comprehensive coverage of regulated relations that are relevant and worthy to pay attention for the purpose of research and discussion. At the international level the Kingdom of Denmark, in fact, is not a party to international legal acts regulating social relations arising from medical secrecy (with the exception of several international legal acts). To a large extent, these issues are in the competence of national legislation.

The Paradoxes of the Law and Judicial Practice Involving the Lease of Land Plots

Legal Concept ◽  
2021 ◽  
pp. 184-188
Author(s):  
Pyotr Filippov ◽  
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Legal Analysis ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Local Budget ◽  
Legal Concepts ◽  
The Right ◽  
Ownership Of Land

Introduction: the paradox of the judicial practice on claims of the municipal authorities on forcing the conclusion of lease agreements of land plots with the owners of parking spaces in the underground parking lots (garages). The Tax Code of the Russian Federation (Article 15 of the Tax Code of the Russian Federation) establishes a fee for the use of land. The forms of payment for the use of land are land tax and rent. Article 15 of the Tax Code of the Russian Federation establishes that the land tax refers to local taxes and the payment for it goes to the local budget of the municipality in whose territory the tax was introduced. The right of ownership of land (real estate) is registered and is publicly available. The tax authorities immediately issue payment receipts and the owners pay the tax, so the payment for the use of land is observed. Nevertheless, the municipal authorities (the departments of municipal property of the DMI) require owners to conclude lease agreements, lease their property and pay a fee to the local budget. The courts satisfy such claims and create a paradox that does not meet the requirements of the Constitution of the Russian Federation (Article 36), the requirements of the Civil Code of the Russian Federation, which establishes that the landlord can only be the owner or a person authorized by law or the owner to lease the property (Article 608 of the Civil Code of the Russian Federation). It is paradoxical, but that’s the fact that the owner of his property becomes both a landlord and a tenant of his property. And the departments receive double payment for the use of land in the form of a local tax and in the form of rent. It is necessary to formulate the norms of the Tax Code of the Russian Federation and the Civil Code of the Russian Federation more clearly and expressly so that there is no possibility of a paradoxical interpretation of the procedure for their application. In addition, the courts recognize the owner as unreasonably enriched, since the registered ownership of the land plot is not considered a sufficient legal basis to use his property. The purpose of the study is the author’s attempts to show contradictions in the judicial practice on the application of the norms of the Constitution of the Russian Federation, the Tax Code of the Russian Federation, and the Civil Code of the Russian Federation. Methods: in the process of the research, the method of a systematic approach to the study of legal concepts, comparative legal analysis, and synthesis was used. Results: the author clearly shows the conflict of interests of the owners of land plots and the departments of municipal property. As a result of the study, it is shown that the wording of the norms of the Tax Code of the Russian Federation and the Civil Code of the Russian Federation allows them to be interpreted differently and, accordingly, applied differently. Conclusions: the author proposes the rules for the exact interpretation of the norms of law and changes in the judicial practice in such cases.

scholarly journals CONSTITUTIONAL AND LEGAL ASPECT OF THE LEGAL EXPERIMENT OF MIGRATION REGULATION IN THE RUSSIAN FEDERATION AND GERMANY

2019 ◽  
Vol 7 (5) ◽  
pp. 1031-1034
Author(s):  
Marina V. Markhgeym ◽  
Alevtina E. Novikova ◽  
Evgeniy E. Tonkov ◽  
Vladimir I. Yevtushenko ◽  
Goar G. Zagaynova
Keyword(s):  
Russian Federation ◽  
Scientific Knowledge ◽  
Legal Aspect ◽  
German Law ◽  
Migration Policy ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
General Scientific ◽  
The Russian Federation

Purpose: The article is devoted to the study of the features of the migration policy implemented in the Russian Federation as a kind of legal experiment. Methodology: The methodological basis of the study was a set of the following methods of scientific knowledge – General scientific methods (analysis and synthesis), private scientific methods (formal legal and comparative legal). Result: The author analyzes normative acts, including by-laws of both the Russian Federation and its constituent territories. The analysis of the existing regulatory normative approaches to the regulation of migration in Germany is also given. At the same time, the author offers his vision of the possible implementation of German law in the Russian Federation. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Constitutional and Legal Aspect of the Legal Experiment of Migration Regulation in the Russian Federation and Germany is presented in a comprehensive and complete manner.

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