scholarly journals Some legal mechanism problems for economic dispute resolution in Russian Federation

2020 ◽  
Vol 6 (Extra-A) ◽  
pp. 103-108
Author(s):  
Korolev Ivan Igorevich ◽  
Zaychenko Elena Viktorovna ◽  
Turłukowski Jarosław ◽  
Makolkin Nikita Nikolayevich

The aim of the study is to analyze the current state of arbitration system in the Russian Federation and also the consequences of procedural legislation reform, which has become a trigger for transformations in the system of arbitration courts. The authors consider the creation mechanisms and some aspects of arbitration institution functioning, based on the norms of the current legislation. This review is given both in relation to permanent arbitration institutions and in relation to the courts created to consider one specific dispute. In the course of this study, the authors found that a gap in legal regulation remained after the arbitration legislation reform, since it remains possible to create ad hoc "pocket" courts instead of abolished arbitration courts at any institutions. And if initially it seemed that this problem would be solved, now it is necessary to fight against such a mechanical opportunity to get the necessary “comfortable” judges.    

The article analyzes the current state and prospects for improving the legal regulation of public administration in the sphere of stimulating the development of information technologies, including formation of a digital economy in the Russian Federation. Based on the analysis of the Russian legislation, key elements of the legal mechanism of public administration in the sphere of stimulating the development and introduction of technologies in various fields that can be used to stimulate the development of information technologies are identified. The analysis of the documents of strategic planning and information legislation made it possible to substantiate a number of proposals for improving the legal regulation in the sphere under consideration, including legislative provisions for stimulating IT development, identifying and eliminating legal and organizational barriers to their development, and measures to stimulate it.


2021 ◽  
Vol 16 (4) ◽  
pp. 39-46
Author(s):  
O. V. Boltinova

The paper is devoted to financial control exercised over the implementation of “megasience” class scientific projects. In order to create an innovative economy, the State continues to develop research and development, in particular the creation of unique projects of the “megasience” class. Funding for such studies is usually carried out from budgets of various levels of the Russian Federation’s budgetary system as part of priority national projects or federal programs. Therefore, state financial control over the effective and targeted use of funds of the budgets of the budget system of the Russian Federation gains importance. The paper discusses the current conditions of state financial control over the implementation of scientific projects of the “megasience” class, defines the list of subjects possessing the powers of both internal and external state financial control, highlights their differences and characteristics. The author carries out the analysis of monitoring as one of the activities of the Accounts Chamber of the Russian Federation, where emphasis is made on budgetary monitoring. The paper analyzes problems and shortcomings in the implementation of state financial control over the scientific projects. It also describes the features of the current state of state financial control and highlights tendencies of its development and improvement.


2021 ◽  
pp. 65
Author(s):  
Vladimir A. Kryazhkov

The article is devoted to the problems of constitutional control in the subjects of the Russian Federation. The article examines its origins related to the formation and functioning of constitutional (statutory) courts at this level, reveals the reasons that did not allow the constitutional justice of the subjects of the Russian Federation to become a full-fledged state legal institution for 30 years. It is shown how, as a result of the constitutional reform, these courts were abolished, and a recommendation of the federal legislator appeared on the creation of constitutional (statutory) councils under the legislative (representative) state authorities of the subjects of the Russian Federation instead of them. The article analyzes the legal regulation of the organization and activities of such bodies in domestic and foreign practice. Taking this into account and based on the existing constitutional and legal possibilities, proposals are formulated on the status of these councils (their nature, the procedure for their formation and work, powers and decisions), which allows them to be an effective body of constitutional (statutory) control in the subjects of the Russian Federation.


Author(s):  
Radmir IKSANOV ◽  
◽  
Igor VLADIMIROV ◽  

Forest violations are a special type of offenses that infringe on the order of rational nature management and environmental protection. The purpose of this study is to analyze legal measures for the use and protection of forests. The relevance of the work lies in the fact that the problem of legal protection of forests is manifested in the mechanism of exercising the powers of forest protection by the constituent entities of the Russian Federation, therefore, the solution to this problem should be developed and implemented by the efforts of state bodies, public associations and the local population. The paper lists the problems of the legal mechanism of forest protection, defines its subjects, discloses the problems in the field of control and supervision activities by forest users.


2021 ◽  
Vol 21 (4) ◽  
pp. 33-40
Author(s):  
M.G. Shishkin ◽  

Goals and reasons for the creation of federal districts in the Russian Federation and the institution of plenipotentiary representatives of the President of the Russian Federation in federal districts are studied. The problematics of the study is the current normative legal regulation of the federal districts functioning. The author proposes amending legislation on federal districts in order to systematize legal regulation in the sphere of interaction of public authorities located on a federal district territory.


Author(s):  
L. L. Arzumanova ◽  
A. A. Grigor'ev

In the Russian Federation, mediation as an alternative method of dispute resolution was officially applied with the introduction of a separate regulatory act in 2010. Starting in 2019, mediation is used in public legal relations. At the end of 2020, the first case of mediation in the tax sphere was recorded. Within the framework of this publication, the authors analyze the current situation of mediation and, in particular, tax mediation, and express their proposals on the popularization and application of mediation procedures in dispute resolution. 


2019 ◽  
Vol 21 (3) ◽  
pp. 15-22
Author(s):  
N V Allamyarova ◽  
E G Sanakoeva

The legislation in the field of e-health, adopted in 2017, opens fundamentally new opportunities in the development of medical care using telemedicine technologies. The article provides an analysis of regulatory legal documents that establish the legal framework for the provision of medical care using telemedicine technologies. An assessment is made of the current state of telemedicine legal regulation in Russia. The law on telemedicine requires adjustment and refinement of existing regulations, procedures, standards of medical care with a detailed regulation of tools and situations of their application.


2020 ◽  
Vol 15 (4) ◽  
pp. 55-60
Author(s):  
A. Yu. Cherdantsev

The article analyzes the international current state of the concept of digital evidence, its meaning, types and role in the process of proving in criminal cases in the practical activities of the preliminary investigation bodies of the Russian Federation, considers some problems arising in law enforcement practice, suggests the author's classification of modern digital traces, studies and compares international practice governing the practical application of digital evidence, their concept and content. The problem of gaps in the legal regulation of digital evidence is considered, as well as the possibility of introducing amendments to the current legislation concerning the legal recognition of digital evidence along with traditional types of evidence, as well as the regulation of the use of digital evidence in criminal proceedings, and a proposal is made to introduce a number of amendments to the current legislation of the Russian Federation, where it is necessary to secure definitions of digital evidence, thus legalizing it, stating in the following re At the same time, it is noted that there is no need to introduce a separate article to regulate digital (electronic) evidences, because it is rather difficult to determine the volume of digital (electronic) evidences (digital criminally significant information), at least because there is no unanimity in this respect and there was no unanimity, besides, due to the dynamic development of electronics, including personal ones, this norm quickly lost its relevance and required amendments, creating a certain gap in legal regulation, which is more complicated.


2021 ◽  
Vol 7 (1) ◽  
pp. 374-382
Author(s):  
Vitaly Viktorovich Goncharov ◽  
Tatiana N. Mikhaleva ◽  
Grigory A. Vasilevich ◽  
Evgeny Sergeevich Streltsov ◽  
Aleksandra Alekseevna Milkova ◽  
...  

This article is devoted to constitutional legal analysis of international legal bases of the legislation of the Russian Federation on public control. The work substantiates the position that to understand the constitutional legal mechanism of public control in Russia it is necessary to study the international legal framework of control of civil society over public authority in connection with the implementation of generally recognized principles and norms of international law in the legal system of the Russian Federation as a priority the rules of the legal regulation under Part 4 of Article 15 of the Constitution.


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