scholarly journals The structure and features of the civil status of an individual entrepreneur in modern Russia

2021 ◽  
Vol 7 (3C) ◽  
pp. 424-442
Author(s):  
Dina Viktorovna Alontseva ◽  
Sergey Vladimirovich Vorobyev ◽  
Olga Anatolyevna Lavrishcheva

Based on the analysis of the modern legislation of the Russian Federation and taking into account the existing scientific concepts, the authors studied in detail the legal nature and identified the features of certain types of legal statuses of an individual entrepreneur, as well as revealed the structure and analyzed in detail the specifics of the civil status of an entrepreneur in modern Russia. As a result of the conducted research, the author's concept of the "civil status of an individual entrepreneur" was formulated and the need for the adoption of the Federal Law "On the legal status of an individual entrepreneur in the Russian Federation" was justified. The practical significance of the work is determined by the fact that the conclusions made in the course of the study can contribute to improving the legal status of entrepreneurs in modern society at the legislative level. The methodological basis of this study was made up of general scientific, private and special methods of cognition.

2018 ◽  
Vol 1 (4) ◽  
pp. 87-95
Author(s):  
Alexander Chuklin

The subject. The article focuses on the need to improve legislative and law enforcement activities related to the consolidation of constituent entities of the Russian Federation additional guarantees of realization of constitutional human and civil rights and freedoms.The purpose of the article is to identify main ways of improvement the legal regulation additional guarantees of realization of constitutional human and civil rights and freedoms by the constituent entities of the Russian Federation.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method.The results and scope of application. The lack of unity in understanding the essence of additional guarantees of realization of rights and freedoms requires not only theoretical analysis of this legal category, but a consistent system of the legislation, and corresponding to the system of law enforcement practice. The legal establishment of the additional guarantees of realization of constitutional human and civil rights and freedoms, due solely to the will of the legislator of a constituent entitiy of the Russian Federation aimed at the concretization of constitutional rights and freedoms as well as of the security mechanisms (legal conditions, means) of the implementation of these rights. Features of development of the corresponding constituent entitiy of the Russian Federation should be taken into account.One of the main directions of improvement of legal regulation in this field is legislative recognition of additional guarantees of realization of constitutional human and civil rights and freedoms established by the constituent entities of the Russian Federation. This concept should be reflected in the Federal law of October 6, 1999 No. 184-FZ "On General principles of organization of legislative (representative) and executive bodies of state power of constituent entities of the Russian Federation", as well as in the constitutions (charters) of constituent entities of the Russian Federation. The consolidation of this concept in the legislation will be the impetus to the theoretical analysis of this legal category, and will ultimately contribute to the improvement of the legal status of the individual.Conclusions. Improvement of regional legal policy in the sphere of establishment additional guarantees of realization of constitutional human and civil rights and freedoms by subjects of the Russian Federation has great practical significance and contributes to the theoretical knowledge of the specified legal category.


2021 ◽  
Vol 118 ◽  
pp. 03001
Author(s):  
Aleksander Nikolaevich Varygin ◽  
Irina Alekseevna Efremova ◽  
Vladimir Gennadievich Gromov ◽  
Pavel Anatolievich Matushkin ◽  
Anastasia Mikhailovna Shuvalova

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.


2021 ◽  
Vol 2 ◽  
pp. 3-5
Author(s):  
Natalia G. Kanunnikova ◽  

The article offers the author’s vision of such a form of non-profit organization as a state corporation with a special legal status. As a result of the analysis, the author comes to the conclusion that it is permissible to recognize a state corporation as an independent subject of civil law relations, since state corporations combine the characteristics of both a legal entity, in particular, the autonomy of property, independent liability for obligations, etc., and the institution of the state, endowed with authority. The analysis of the federal legislation allowed the author to say that a special legal regime applies to modern Russian state-owned corporations, which provides for their exemption from certain duties and granting certain rights and powers. In this regard, the question is raised about the development of recommendations for improving legislation in the field under study by excluding Article 7.1 from the Federal Law, January, 12 № 7-FZ “On Non-Profit Organizations”, and introducing its content into the Civil Code of the Russian Federation, adding it to Article 124.1 “State Corporation”.


2021 ◽  
Vol 39 (3) ◽  
pp. 52-55
Author(s):  
P. R. Magomedova ◽  

The article analyzes the prerequisites for changing the legal status of the State Council of the Russian Federation, analyzes the Federal Law "On the State Council of the Russian Federation" dated December 8, 2020 No. 394-FZ and studies the changes that came into force in the light of the constitutional reforms of 2020. According to this Law, the State Council of the Russian Federation should become a real mechanism of public power in Russia, while remaining an advisory body and a platform for coordinating the interests of the regions and the center. The author conducted a comparative analysis of the State Council, which acted in accordance with the Presidential Decree of 2000, and the law adopted in 2020. Based on the conducted research, the author concludes that the amendments to the Constitution of the Russian Federation adopted in 2020 are timely and necessary in order to restore the existing government.


2016 ◽  
Vol 4 (1) ◽  
pp. 33-47
Author(s):  
Фёклин ◽  
Sergey Feklin

The Federal Law of December 29, 2012 № 273-FL “On Education in the Russian Federation” has introduced further clarity in the legal status of a leader (director) of a general educational institution, which came into eff ect as per September 1, 2013. The school principal is given the exceptional legal standing (status), which is conditioned by the specifi cs of his job duties, position and role in the mechanism of the educational institution management. The author thoroughly summarizes, reports in depth and gives comments on the questions concerning the core aspects of a school principal job, which are the most frequently asked by the learners of qualifi cation upgrading courses, and participants of roundtables and seminars. The author also highlights the school principal’s qualifi cation standards and administrational powers in terms of organization management, considering these issues De lege lata. The material is presented in the form of detailed answers to the frequently asked questions on the issues concerned.


2020 ◽  
Vol 5 (1) ◽  
pp. 205-220
Author(s):  
Natal'ya Serdyuk ◽  
Aleksandr Semchenko

The article discusses the system of organization of training in the internal affairs bodies of Russia, substantiates the principles of its functioning. Object of study - continuing education of employees of the internal affairs bodies of the Russian Federation. The subject of the study is the training system in the internal affairs bodies of the Russian Federation and methods for its optimization. Research hypothesis: the construction and implementation of individual educational paths will help optimize the training system in the internal affairs bodies of the Russian Federation. Methodology and research methods: general scientific theory of dialectic and historical materialism, acmeological, hermeneutic and situational-environmental methodological approaches; methods of content analysis of scientific literature and regulatory legal acts in the field of education, included observation, informal interviews, conversation, pedagogical experiment. The theoretical significance lies in the analysis and assessment of the state of departmental training system for the internal affairs bodies of the Russian Federation and in determining ways to optimize it. The practical significance lies in the analysis and interpretation of statistical data in the field of departmental education of the Ministry of Internal Affairs of Russia, and in this connection the justification of priority tasks in the near future.


Author(s):  
Aleksandr Podmarev

The 1993 Constitution of the Russian Federation as one of the principles of the legal status of an individual establishes the possibility of restricting human and civil rights and freedoms, while also providing for the necessary conditions for imposing such restrictions (the existence of a constitutional goal of restriction; setting restrictions only by federal law; proportionality; compliance with international standards of restrictions; prohibition restrictions on rights based on social, racial, national, linguistic or religious affiliation). The need for the existence of restrictions on the rights and freedoms of the individual is due to various reasons: the protection of the foundations of the constitutional order, the rights and freedoms of other persons, and the interests of the state. However, certain human rights and freedoms cannot be restricted under any circumstances; this so-called absolute rights and freedoms. But neither national legislation nor international law contain a precisely defined list of absolute rights and freedoms. The aim of the article is to identify in the Constitution of the Russian Federation of 1993 and in international acts unrestricted (absolute) rights and freedoms of a person and citizen. The relevance of the research topic for the Russian constitutional legal science is due to the fact that certainty in the understanding of the list of unrestricted rights and freedoms is necessary for the improvement of lawmaking and law enforcement activities. The article examines the provisions of the Constitution of Russia, the main international legal acts on human rights, the legal positions of the Constitutional Court of the Russian Federation.


2021 ◽  
pp. 5-8
Author(s):  
A.A. Korennaya

In this article, the author examines the issues of the criminal legal status of digital currency as an objectand as a means of committing a crime. In 2020, a special Federal law was adopted defining the legal status ofdigital assets, as well as amendments were made to the Civil Code of the Russian Federation concerning theestablishment of the legal status of cryptocurrency or digital currency in the terminology of these regulationsas an object of civil rights. Significant changes in the civil legal regulation of cryptocurrencies have led to achange in approaches to assessing the criminal legal status of virtual money. In particular, the recognitionof digital currency by other property has allowed solving a number of qualification issues, but until now,criminal law is very cautious about the official recognition of cryptocurrency as the subject of a crime. Theauthor of the work offers options for the qualification of crimes committed using digital currency, in theabsence of changes in the criminal law and explanations of the Highest Court.


2020 ◽  
Vol 10 (2) ◽  
pp. 196-204
Author(s):  
MARYAM AKHMADOVA ◽  

The article provides an overview of current regulatory acts of the Russian Federation on various aspects of the legal regulation of the use of additive technologies in domestic medicine. The authors draw attention to the question of the legal nature of bioprint organs. In the study, such methods of scientific knowledge were used as: general scientific dialectic, formal legal and comparative legal methods. At the same time, the author proceeds from the subjective-objective backside of processes and phenomena, as well as their relationship. This means that all people can use the technology of a new generation, which can cause a therapeutic or preventive effect. This condition is the need for the formation of new legal issues in this area through modernization.


Author(s):  
Андрей Владимирович Кулаков ◽  
Александра Юрьевна Болотина

Статья посвящена исследованию природы соучастия в преступлении как самостоятельного института уголовного права. Признавая институт соучастия одним из дискуссионных в уголовно-правовой доктрине, авторы отмечают, что в настоящее время спорным является вопрос о юридической природе соучастия, решение которого имеет не только теоретическое, но и практическое значение, заключающееся в обосновании ответственности соучастников преступления при вынесении судебного приговора. Правовая природа соучастия в преступлении проявляется в том, что данный институт определяется нормами уголовного права и тем самым представляет собой особое уголовно-правовое явление, характеризующееся рядом существенных признаков. Основная функция института соучастия как уголовно-правового института заключается в обосновании уголовной ответственности лиц, оказывающих содействие в совершении преступлении. В настоящее время в доктрине выработано две теории, обосновывающие правовую природу соучастия в преступлении: акцессорная теория и теория самостоятельной, независимой от других соучастников ответственности. Проведенный в статье анализ научных концепций и мнений позволяет утверждать, что в настоящее время соучастие в преступлении представляет собой самостоятельный институт уголовного права, закрепленный в нормах Общей и Особенной частей УК РФ, имеющий многоаспектный характер, выражающийся в зависимости от обстоятельств совершения деяния и преступного результата в одних случаях в акцессорной природе ответственности соучастников преступления, в других - в самостоятельной ответственности соучастников преступления. Именно при сочетании акцессорности и индивидуализации ответственности лиц, совершивших преступление, возможна всесторонняя и полная оценка правонарушающего поведения субъектов, а также назначение справедливого наказания. The article is devoted to the study of the nature of complicity in a crime as an independent institution of criminal law. Recognizing the institution of complicity as one of the controversial ones in the criminal law doctrine, the authors note that at present the issue of the legal nature of complicity is controversial, the solution of which has not only theoretical but also practical significance, consisting in justifying the responsibility of accomplices in a crime when passing a court sentence. The legal nature of complicity in a crime is manifested in the fact that this institution is determined by the norms of criminal law and thus represents a special criminal law phenomenon characterized by a number of essential features. The main function of the institute of complicity as a criminal law institution is to substantiate the criminal liability of persons assisting in the commission of a crime. Currently, two theories have been developed in the doctrine that substantiate the legal nature of complicity in a crime: the accessory theory and the theory of independent responsibility, independent of other accomplices. The analysis of scientific concepts and opinions carried out in the article allows us to assert that at present complicity in a crime is an independent institution of criminal law, enshrined in the norms of the General and Special parts of the Criminal Code of the Russian Federation, having a multidimensional character, expressed depending on the circumstances of the act and the criminal result in some cases in the accessory nature of the responsibility of the accomplices of the crime, in others - in the independent responsibility of the accomplices of the crime. It is with the combination of accessory and individualization of responsibility of persons who have committed a crime that a comprehensive and complete assessment of the offending behavior of subjects is possible, as well as the appointment of a fair punishment.


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