Statement of death in Russian legislation (critical analysis of article 66 of federal law «On fundamental healthcare principles in the Russian Federation» of 21.11.2011 №323-FL)

2020 ◽  
Vol 28 (3) ◽  
pp. 391-398
Author(s):  
Igor’ B. Boyko
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
Federal Law ◽  
Aim Analysis ◽  
Definition Of Death ◽  
The Russian Federation ◽  
The Moment ◽  
Definition Of ◽  
The Brain

Aim. Analysis of some controversial provisions of Article (Art.) 66 Determination of the Moment of Death of a Person and of Termination of Resuscitation Activities of Federal law On Fundamental Healthcare Principles in the Russian Federation of November 21, 2011 №323-FL (FL 323) directly concerning the issue of death of a person, and justification of making amendments to the title and text of the above mentioned norm. Due to the absence of definition of the concept of death in FL 323, the author presents his own definition of death of a person. The used term the moment of death of a person as a determinant/indicator of the occurrence of death seems to be erroneous. This term cannot be extended to the fact of biological death. Under FL 323, death of the brain is considered to be equivalent to death of a person and today is inextricably linked with organ transplantation. However, in reality it is not so, and in this sense it is a typical juridical fiction that justifies legal removal of organs from living patients. Amendments to the title and wording of Article 66 FL 323 are proposed.

scholarly journals Tax monitoring as a method of digitalization of tax administration in the Russian Federation

2020 ◽  
pp. 18-39
Author(s):  
Elena Vladimirovna Berezina ◽  
Anna Sergeevna Balandina ◽  
Ol'ga Svyatoslavovna Belomyttseva
Keyword(s):  
Russian Federation ◽  
Historical Analysis ◽  
Tax Administration ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment ◽  
Definition Of ◽  
Taxation System

This article presents a historical overview of the emergence of tax monitoring in the Russian Federation, as well as the analysis of its peculiarities within the context of trends of global taxation practice. Modern nations apply new approaches to tax administration, but commonly emerging and practically established ideas do not receive due scientific research. The object of this research is the process of digitalization of tax administration based on Russian and foreign experience. The subject of this research is the theoretical aspects of tax monitoring, as well as historical analysis of the emergence of a new format of interaction between tax administration and taxpayers in Russia and global practice. The goal of this work is to determine the role and importance of tax monitoring within taxation system of the Russian Federation, as well definition of tax monitoring as the means of digitalization of tax administration. The scientific novelty of this work consists in the comprehensive research of implementation of tax monitoring from the moment of its emergence in the global practice of taxation and determination of its essential features, which allowed concluding on incorrectness of legislator’s definition of tax monitoring as a form of tax control, and call for legislative definition of the concept of “tax administration”, as well as amending the Taxation Code of the Russian Federation for clarification of the status of taxpayers, who transitioned to the digital model of tax administration. The results of this research can be used in development of amendments to the legislation and criteria for assessing efficiency of tax monitoring.

ANTI-CORRUPTION POLICY BY LEGAL MEANS

2015 ◽  
Vol 10 (6) ◽  
pp. 129-134 ◽  
Author(s):  
Назаренко ◽  
Gennadiy Nazarenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Not Given ◽  
Federal Law ◽  
Effective Implementation ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right ◽  
Official Status

In the article anti-corruption policy is considered in criminal law and in the preventive aspects. The definition of anti-corruption policy by legal means is given. It is shown that the most significant and effective tool in this direction (kind) of policy is the Criminal Code of the Russian Federation. However, the preventive potential of criminal law is not enough. The law does not cover a lot of corruption manifestations, which are involved in the use of any official status, its authority and opportunities. Up to the present time criminal law is not given with the accordance of the Federal Law «On combating corruption» from 25.12..2008 №273-FZ (as amended on 22.12.2014). Criminal law measures applied to corrupt officials, have palliative nature: they are based on the concept of limited use of criminal law and mitigation of punishment. The author makes a reasonable conclusion that more effective implementation of anti-corruption policy requires the adoption of new criminal law which contains the Chapter on corruption crimes, sanctions of which must include imprisonment as punishment as well as confiscation of property or life deprivation of the right to occupy certain positions or to be engaged in certain activities.

scholarly journals STRATEGIES FOR REGULATING CRYPTOCURRENCY IN THE RUSSIAN LEGISLATION: FORECAST FOR THE FUTURE

2017 ◽  
Vol 21 (2) ◽  
pp. 176-182 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Federal Law ◽  
Electronic Money ◽  
Virtual Currency ◽  
Legal Control ◽  
The Future ◽  
The Russian Federation ◽  
Future Evaluation

The paper discusses the future development of the cryptocurrency in the Russian Federation. At present, it can be defined as a new financial instrument based on distributed registry technology (Blokchein). It is the lack of server storage and a single issuer, the relative anonymity (pseudonymity) and mobility calculations allow us to consider financial cryptocurrency to be a technology of the future. Evaluation of the prospects for the development of the regulatory and protective law of the Russian Federation, the author begins with an assessment of the world's leading strategies for regulating the virtual currency: permissive, prohibitive and observant. The author argues the problem of searching for the optimal model of the cryptocurrency legalization, considering it to be a kind of a computer program: means of exchange, a monetary symbol, a cashless cash, an electronic money and a security, a commodity, other property, property right, etc. Particular attention is paid to the critical analysis of the draft federal law on the declaration of a crypto currency by a surrogate and the introduction of a new composition in the Criminal Code of the Russian Federation - article 187.1 "Turnover of money surrogates" with the establishment of responsibility in the form of a fine of up to 500 thousand rubles or imprisonment for up to four Years for production, purchase for sale, as well as the sale of money surrogates. As one of the developers of the draft law on legalization of the cryptocurrency in the Russian Federation, the author of this paper identifies the most important aspects that need in legal control. They are identification of exchange sites and the user, verification of transactions based on documents, data and information (validation), determination of the beneficial owner, Relations and monitoring of transactions with the cryptocurrency in accordance with the risk profile.

scholarly journals Petty crime: quo vadis?

2020 ◽  
pp. 20-29
Author(s):  
Elena Aleksandrovna Suponina ◽  
Igor' Petrovich Dolgikh
Keyword(s):  
Russian Federation ◽  
Academic Community ◽  
Public Place ◽  
Federal Law ◽  
Legal Norms ◽  
Systemic Analysis ◽  
The Subject ◽  
The Russian Federation ◽  
Quo Vadis ◽  
Definition Of

The subject of this research is the normative gaps that have been an intrinsic part of petty crime for many years. Among most discussible within the academic community problems related to such legal violation, the author selected the following: absence of legal definition of the concept of obscenities in the national legislation; complexity of delimitation of petty crime from the adjacent administrative and criminal offences; disaccord in interpretation of the concept of “public place”. Particular attention is paid to the prospects of optimization of administrative-legal norms established in the Article 20.1 of the Code of Administrative Offences of the Russian Federation. The main conclusion of the conducted research lies in the statement that from the perspective of legal technique, the article 20.1 of the Code of Administrative Offences of the Russian Federation is in a permanent motion. However, this motion is chaotic and inconsequential. The introduced amendments to the text of codified law did not enhanced the protection of public order, as well as created the additional difficulties for the law enforcer. This article makes an attempt of systemic analysis of provisions of the Federal Law No.28-FZ of 03.18.2019 that complemented the article 20.1 of the Code of Administrative Offences of the Russian Federation with the Sections 3-5.

scholarly journals The use of a knowingly forged passport, identity card or other official document granting rights or relieving from responsibilities: problems of application of Art. 327, Part 3 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 2021 (3) ◽  
pp. 65-72
Author(s):  
Natal'ya Vishnyakova
Keyword(s):  
Russian Federation ◽  
Personal Information ◽  
Criminal Code ◽  
Critical Assessment ◽  
Official Document ◽  
Identity Card ◽  
The Russian Federation ◽  
The Moment ◽  
Definition Of

The article is devoted to the consideration of the problems of application of Art. 327, Part 3 of the Criminal Code of the Russian Federation, related to the operation of the norm in time; with delimitation from the norm covered by Art. 327, Part 5 of the Criminal Code of the Russian Federation; with the content of such an act as use, the moment of its ending, the matching with the counterfeit, as well as with the acquisition, storage and transportation. The author substantiates the conclusion about the need to exclude Part 5 of Art. 327 of the Criminal Code of the Russian Federation; a broader definition of the concept of “use of a knowingly forged document” is proposed, including not only the submission of such a document in order to obtain (confirm) the rights or relieve from responsibilities, but also the very use of the obtained rights or relieving from responsibilities on the basis of the submitted document; the critical assessment of the actions of a person ordered the forged document with providing personal information is done, such actions are considered as complicity in the forgery. The author’s attention is drawn to the prevalence of incompleteness of the wording of the accusation when qualifying the actions of persons who acquired, stored, transported a forged document in order to use it, and then used it. The article formulates recommendations for solving the issues of applying Part 3 of Article 327 of the Criminal Code of the Russian Federation.

scholarly journals RESPONSIBILITY FOR CAUSING HARM BY A HIGHLY AUTOMATED VEHICLE: STATE AND PERSPECTIVES

2019 ◽  
pp. 117-124
Author(s):  
A. I. Chuchaev ◽  
S. V. Malikov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Road Traffic ◽  
Legal Responsibility ◽  
Federal Law ◽  
Automated Vehicles ◽  
General Terms ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of

The paper describes the existing in Russia regulatory legal responsibility for causing harm by a highly automated (unmanned) vehicle (BTS). The most significant documents currently include: Convention on Road Traffic; Road Safety Strategy in the Russian Federation; «Roadmap» to improve legislation and eliminate administrative barriers in order to ensure the implementation of the National Technology Initiative for the «Avtonet». The main attention is given to the order of the Government of the Russian Federation, in which the first approaches to the regulation of the operation of highly automated vehicles are indicated, the actors responsible for the case of damage by the drone are highlighted. The principles of the functioning of the BTS and the degree of their autonomy are shown in general terms. The authors analyze the approaches in the domestic criminal law to the responsibility of persons managing BTS and the approaches developed in foreign countries in relation to the regulation of the operation of highly automated vehicles. The main approaches to the definition of a criminal law prohibition are indicated and the most important algorithms of criminalization of the considered act are highlighted. The structure of the federal law on the regulation of the use of vehicles equipped with an automatic control system in the territory of the Russian Federation is proposed.

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.

Problems of Qualifying the Acquisition of Narcotic Substances on the Basis of Actus Reus

2021 ◽  
Vol 4 ◽  
pp. 93-100
Author(s):  
E. Ju. Chetvertakova ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Complex Nature ◽  
Actus Reus ◽  
The Russian Federation ◽  
The Moment ◽  
Definition Of ◽  
Objective Side ◽  
Criminal Legislation ◽  
Narcotic Drugs

The complex nature of the act of the illegal acquisition of narcotic substances, creates problems in determining the boundaries of the intrusion and determining the stage of the crime, which leads to a lack of uniformity in the application of the provisions of Article 228 of the Criminal Code of the Russian Federation. The purpose of this article is to identify the problems that arise during the qualification of illegal acquisition of narcotic drugs, and to suggest ways to solve them. Tasks: analysis of the concept of the acquisition of narcotic drugs, the establishment of signs that are part of the objective side of the encroachment, the definition of the boundaries of the objective element to differentiate the stages of the crime. The article is based on an analysis of criminal legislation, doctrinal provisions and judicial practice. The author concludes that the acquisition of a narcotic substances is an act as a result of which a person is able to possess, use and dispose of the drug at his own discretion. The moment of completion of the crime should be associated with the possibility of disposing of the drug received. The seizure of narcotic drugs from the purchaser in the course of law enforcement intelligence operations cannot be considered as a completed crime. When determining the initial stage of the actus reus, the method of committing the crime should be taken into account. The conclusion is substantiated that it is inadmissible to use by analogy the explanation of the Plenum of the Supreme Court of the Russian Federation on the content of the sale of narcotic drugs when interpreting the sign of illegal acquisition.

Invalidity of interested party transactions, made by joint-stock companies: a comparative legal experience

2018 ◽  
Author(s):  
Александр Трофимик ◽  
Aleksandr Trofimik
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
New Order ◽  
Legal Analysis ◽  
Law And Order ◽  
Federal Law ◽  
Related Party Transactions ◽  
The Russian Federation ◽  
Definition Of

The monograph is devoted to complex and system research of the problems in legal regulation concerning invalidity of related-party transactions in the context of the last short stories contained Chapter 11 of the Federal Law «On Joint-Stock Companies». With the application of comparative legal methodin this article is an attempt to establish fundamental primary legal unities of law and order in Germany and the Russian Federation in corresponding regulation and to differentiate substantial characteristics of theologically equivalent legal mechanisms. In this article such aspects of counteraction to conflict of interest in Germany’s Joint-Stock Companies are considered, which have not been presented in Russian research works earlier. In the article is given a doctrinal definition of the term «related-party transactions», analyzed a new order of making related-party transactions with relation to given guaranties for declaring a transaction voidable, formulated the invalidity elements of related-party transactions. The author made an attempt of technical legal analysis of invalidity elements correlation, established by the paragraph of third point 1 of Article 84 of the Federal Law «On Joint-Stock Companies», and in accordance with point 2 of Article 174 of the Civil Code of the Russian Federation.

scholarly journals Constitutional status of federal territories in Russia: theoretical foundations of legislative regulation

2021 ◽  
Vol 5 (1) ◽  
pp. 124-140
Author(s):  
N. V. Vasilieva ◽  
S. V. Praskova ◽  
Yu. V. Pyatkovskaya
Keyword(s):  
Russian Federation ◽  
Complex Analysis ◽  
The State ◽  
Constitutional Court ◽  
Federal Law ◽  
The Status ◽  
Russian Constitution ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the study is the constitutional concept of federal territories in Russia. The purpose of the article is to confirm or disprove hypothesis that constitutional status of federal territories in Russia consists of system of elements and identify such elements. The authors use the method of formal legal interpretation of Russian Constitution, the methods of comparative constitutional law, complex analysis, systemic interpretation of Russian laws and drafts of laws. The main results of research, scope of application. When making an amendment to part 1 of Article 67 of the Constitution of the Russian Federation, the content of this innovation was not disclosed. Therefore the federal law on federal territories will be of decisive importance. The authors define the constitutional characteristics of the federal territories based on the literal content of the constitutional norm and the conclusion of the Constitutional Court of the Russian Federation. The federal territory is an element of the state territory that is not a subject of the federal structure and has a status different from the status of the constituent entities of the Russian Federation. There are specific features of the organization of public power in federal territory. The authors’ vision of the content of each of the elements of the federal territories is presented. It is noted that the defining element of the status of federal territories will be the purpose of their creation. The authors propose a conceptual division of federal territories in Russia into two types: inhabited and uninhabited. It is stated that at the moment, the status elements can be clearly defined only in relation to uninhabited federal territories. The formation of the concept of inhabited federal territories will depend on definition of the purpose of their creation. Conclusions. It is proposed to consider the elements of the status of federal territories in Russia, based on the elements of the status of the subject of the Russian Federation, and in comparison with them. Such elements are: territory, population, subjects of jurisdiction, responsibilities, state power organization, property and budget, system of taxes and fees, names and symbols, population’s role in the state affairs management.

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