scholarly journals State and municipal unitary enterprises as an object of public control in the Russian Federation

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 287-292
Author(s):  
Elena G. Petrenko ◽  
Tuyara V. Illarionova ◽  
Victoria V. Alexandrova ◽  
Diana I. Stepanova ◽  
Anna Mikhailovna Yudina ◽  
...  

This article is devoted to the analysis of state and municipal unitary enterprises as an object of public control in the Russian Federation. State and municipal enterprises exercise a number of public powers delegated by the state and municipalities. Their activities affect the interests of individuals and legal entities. The authors substantiate the need to organize and implement public control measures in relation to state and municipal unitary enterprises by developing a system of proposals for improving legislation in the field of public control.

2021 ◽  
Vol 37 (1) ◽  
pp. 62-65
Author(s):  
S.A. Kubatko ◽  
◽  
I.M. Vilgonenko ◽  

Every citizen of the Russian Federation in everyday life directly or indirectly becomes a participant in tax relations, which are regulated by the Tax code. Since legal acts and laws are quite ambiguous, and the activities of the state are associated with the seizure of property from individuals and legal entities, the emergence of tax conflicts is inevitable. Compromise forms of pre-trial settlement of conflicts are particularly relevant in modern tax relations. They contribute to the emergence and development of trust and fruitful relations between citizens and representatives of tax authorities on the basis of cooperation. The introduction of such procedures as direct negotiations between the parties, mediation and arbitration allow not only to resolve tax disputes promptly, minimize the costs of the parties, reduce the periods of consideration, but also contributes to the unloading of arbitration courts. This article discusses all forms of pre-trial settlement of tax disputes, examines their strengths and weaknesses, the synergetic effect of these forms with preventive and Advisory methods, as well as the introduction of new procedures for the settlement of tax disputes.


2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Станислав Липски ◽  
Stanislav Lipski

The article reviews new rules on allotment of land plots to citizens and legal persons. The State Duma included these rules into the Land Code of the Russian Federation in summer 2014. Now they have come into force. The article focuses on the following issues. 1. How do these rules affect the land legislation in general? 2. What are the changes in the powers of public authorities of subjects of the Russian Federation and bodies of local self-government in regulating the order of land plots’ allotment and in implementation of such allotment? 3. How justified is the fact that now auctions are the only possible form of a land tender? The author believes that it is necessary to preserve competitive bidding for cases when same agricultural land plots are allotted to citizens and legal entities. Also there remains a problem associated with the transfer of power on allotment of lands from local governments of municipal areas to the level of rural settlements.


Author(s):  
Inna S. Bogdanova

The article is devoted to the problem of changing the model of participation of public legal entities in civil relations. This change is to be made by the Constitutional Court of the Russian Federation on the example of non-contractual obligations between the state and individuals. For this purpose there was made a study of legislative model of state participation in private relations, as stipulated in Articles 2 and 125 of the Civil Code of the Russian Federation, and legal positions of the Constitutional Court of the Russian Federation, enlisted in the Resolutions of the Constitutional Court of the Russian Federation No. 16-P dated 22.06.2017 and No. 39-P dated 08.12.2017. As a result, the author concludes that the current legal model of participation of public legal entities in civil relations does not provide any exceptions for non-contractual obligations between the state and individuals. On the contrary, the legislators are consistent in addressing the issue of which state bodies are able to ensure the civil legal capacity of the individuals and under what conditions. Amendment of the above model by the Constitutional Court of the Russian Federation via expanding the list of bodies capable of creating legal consequences for public entities, without taking into account the scope of their competence, as well as differences between federal bodies and bodies of state power of the subjects of the Russian Federation, is considered untimely, since the matter requires further thorough study and elaboration


2020 ◽  
Vol 1 (12) ◽  
pp. 11-16
Author(s):  
P. N. Smolyakov

The article is devoted to the exemption of legal entities from liability for administrative offenses recorded by special technical devices operating in an automatic mode and having functions of photo and film shooting, video recording, or by means of photo and film shooting, video recording. It is noted that the existing regulation in the Administrative Code of the Russian Federation in the interpretation of the highest court and other courts makes such liability ephemeral, allowing to arbitrarily shift it, for example, onto natural persons, e.i. drivers of vehicles belonging to legal entities. This situation allows legal entities with a large number of commercial vehicles throughout the country to easily avoid paying large amounts of administrative fines, which has nefative effect on pumping up the treasury and encourages further illegal behavior of their drivers on the roads. The author proposes to discuss the state of legislation and law enforcement on this issue.


2021 ◽  
Vol 128 ◽  
pp. 04024
Author(s):  
Alexander Isacov ◽  
Alena Nikitina

The article examines the analysis of the institution of social control in the Russian Federation and its subjectivity. The relevance of the study is due to the conceptual diversity and lack of scientific consensus regarding the concept of “social control”. Also, this consensus is absent regarding other related concepts, which include “public control”, “civil control”, “people’s control” and others. To solve this problem, a group of domestic sources that define these concepts are analyzed. It also analyzes the legal acts regulating social control in Russia. The role of the Public Chamber and the analysis of current scientific approaches to its consideration are considered in a separate block. In conclusion, it is concluded that there is a fundamental contradiction between expert assessments and the current legislative framework. This leads to the fact that civil initiatives in the field of social control can only be implemented in the forms proposed by the state.


2021 ◽  
Vol 125 ◽  
pp. 06002
Author(s):  
Ludmila Vasilievna Andrichenko ◽  
Inna Vladimirovna Plyugina

For a long time, the Russian Federation has been one of the world’s leaders in terms of the number of international migrants, a significant proportion of which are labour migrants. This required the development of a legal framework that would make it possible, on the one hand, to ensure the security of the state and the host society, create conditions for a prompt and flexible response to the situation in the labour market, and, on the other hand, protect the rights and freedoms of foreign nationals working in Russia, and create an attractive migration climate. The article highlights the current developments in the statutory regulation of labour migration, the legal means used to respond to modern challenges and formulates the major problems facing government bodies. Purpose: on the basis of an analysis of the development of the migration legislation of the Russian Federation, to identify the features of the regulation of labour migration and determine the areas of modernisation of the legal framework in that field. Basic methods: formal-logical, system-structural, special-legal, comparative-legal; content analysis, etc. Results: by evaluating the dynamics of legal regulation of labour migration in the Russian Federation in recent decades, the following features can be distinguished: detailed and differentiated legal status of various categories of foreign nationals involved in labour activities in Russia; the focus of legislation on the use of flexible mechanisms for foreign labour intake, which presuppose taking into account professional qualities and the level of qualifications; increased role of supranational regulators in the legal regulation of migration relations (CIS, EAEU, etc.); introduction of the technological advance achievements into the public administration mechanism which made it possible to improve control measures and migration registration etc. The developed legal means for regulating migration processes need interval updating in order to ensure an adequate response to changes in political, social, economic and other conditions, effective impact on the migration situation by taking into account the purpose and intent of the state migration policy.


Author(s):  
Yu. N. Rumyantseva ◽  
◽  
E. S. Kachurova ◽  

he article attempts to formulate the criminal law component of the problem of support national security, based on the National Security Strategy approved by the Decree of the President of the Russian Federation in 2021. The authors consider the formation of the national security domestic paradigm, highlight the stages of creating a system of national security legal regulation in the Russian Federation, and assess the effectiveness of such regulation. It is concluded that the negative consequences of the reforms carried out in Russia partly themselves pose a threat to its national security. The article studies the formation of the state criminal law policy; the development of criminal law measures against terrorism, extremism, economic crime and corruption; countering the malicious use of artificial intelligence and robotics as priority areas of countering threats to national security by criminal legal means. The formation of an effective criminal legal framework for countering economic crime and corruption is associated with the development of the modern criminal and criminal-legal policy concept. The changes in Russian legislation aimed at ensuring national security through the tightening a number of the Criminal Code norms in relation to terrorist and extremist crimes after the coup d’état in Ukraine in 2014 are illustrative. The risks of malicious use of artificial intelligence require a proactive reaction of the domestic legislator. Analyzing the sphere of development of the economic foundations of the state and society, it is necessary to focus on the conditions of fierce competition from foreign goods, works and services. At the same time, it is impossible not to take into account the fact that competition is often associated not only with scientific and technological advantages, but also with various kinds of abuses on the part of legal entities, which brings the authors back to the discussion on the introduction of the institution of legal entities criminal liability in the Russian Federation.


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