scholarly journals THE FORECLOSURE ON THE ONLY CITIZEN’S HOUSING IN BANKRUPTCY CASE

2020 ◽  
Vol 17 (1) ◽  
pp. 69-81
Author(s):  
Veronika Kolbina ◽  
Elena Nevzgodina
Keyword(s):  
Russian Federation ◽  
Social Situation ◽  
Judicial Control ◽  
Judicial Practice ◽  
Current State ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Russian Law ◽  
Constitutional Right

Introduction. The article is devoted to the study of possibility and conditions of the foreclosure on the only housing in the citizen bankruptcy case and the need to improve Russian legislation that regulates these relations. Purpose. The purpose of the article is to analyze the current state of the problem of the foreclosure on the only housing in the citizen bankruptcy case, to identify deficiencies of the legislation that regulates these relations, taking into account the need to achieve a balance of citizens right to be provided with housing and his creditors rights, conscientiously interested in the most complete satisfaction of their requirements in bankruptcy case and suggest the improvement of these legislation. Methodology. To achieve the purpose both general and private scientific research methods were used, in particular, methods of scientific analysis and synthesis, induction and deduction, functional and systemic methods, formal legal and comparative legal methods, methods of interpretation of law and legal forecasting. Results. Higher courts of the Russian Federation recognized the possibility of derogating from the maxim on the inadmissibility of the foreclosure on the only housing established by the Civil Procedure Code of the Russian Federation. This requires introducing into Russian law a mechanism of the foreclosure on the only housing, which allows protecting the rights of creditors and, at the same time, preserving sufficient guarantees of the citizen’s right to housing. Conclusion. Despite the relevance of the foreclosure on the only housing, it should be recognized that the corresponding task is not easy to solve. However, in judicial practice (especially in bankruptcy cases) there has been a tendency to deviate from the idea of comprehensive executive immunity in relation to a single dwelling, which will inevitably be reflected in the current procedural and bankruptcy laws. At the same time, any regulation of these relations should presuppose judicial control in the sphere of issues relating to foreclosure on the only residential premises. In any case, the improvement of the legislation should not put a citizen in a difficult social situation and lead to a violation of his constitutional right to housing.

scholarly journals INDICATIVE APPROACH IN THE EVALUATION OF THE IMPLEMENTATION OF THE CONSTITUTIONAL RIGHT TO JUDICIAL PROTECTION IN THE STATE LANGUAGES OF THE RF SUBJECTS

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Damir Kh. Valeev ◽  
Anas G. Nuriev ◽  
Rafael V. Shakirjanov
Keyword(s):  
Russian Federation ◽  
The State ◽  
Practical Implementation ◽  
Current State ◽  
Hand Signal ◽  
The Russian Federation ◽  
Civil Cases ◽  
Constitutional Right ◽  
The One ◽  
Judicial Protection

The implementation of the constitutional right to judicial protection is an important guarantee for participants in legal relations in case of violation of the rights of one of the parties or a threat of violation of the rights of participants in legal relations. Judicial protection is of particular relevance for the participants in legal relations, who do not speak the languages in which the administration of justice is carried out. Within the framework of this article, the authors analyze indicators that are designed to, on the one hand, signal on the current state and existing possibilities of implementing the constitutional right to judicial protection in the state languages of the subject of the Russian Federation (statistical function), and, on the other hand, determine growth drivers that can provide language guarantees for the territory of our state, which is defined as a democratic federal legal state according to Art. 1 of the Constitution of the Russian Federation. Within the framework of this article, three indicators are highlighted and analyzed: 1) existing legal potential for the implementation of the constitutional right to judicial protection in civil cases in the state languages of the republics within the Russian Federation; 2) analysis of the practical implementation of the opportunities currently available for the implementation of the constitutional right to judicial protection in civil cases in the state languages of the republics within the Russian Federation; 3) determination of growth points in the implementation of the constitutional right to judicial protection in civil cases in the state languages of the republics within the Russian Federation

Peculiarities of protection of subjective rights in the case of property confiscation

2020 ◽  
Vol 2020 (4) ◽  
pp. 54-61
Author(s):  
Kseniya Filipson ◽  
Nikolay Ryabinin
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
State Ownership ◽  
Main Research ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
Full Compensation ◽  
The Subject ◽  
The Russian Federation ◽  
Subjective Rights

The purpose of the research is a general theoretical examination of confiscation as an intersectoral category of law, as well as revealing and scientifically-based solving urgent problems that arise in the field of protection of subjective rights in the case of the compulsory seizure of illegally possessed property. The main research methods are the following: structural and systematic, formal and legal, comparative and legal methods, logical analysis and synthesis, as well as the collection of information through the study of monographs, textbooks, materials of judicial practice on the subject under study. The article examines the features of the confiscation of pledged property. The authors make a conclusion that it is inadmissible to use the institution of compulsory succession in the case of the seizure of illegally possessed property. The use of compulsory legal succession leads to the significant violation of the subjective rights of particular government bodies and the state in general. This is expressed in the impossibility of full compensation for harm caused by corruption crimes. The main results of the study can be formulated in the form of proposals aimed at changing the legislation and the practice of its application. First, it is proposed to secure the inadmissibility of confiscation in cases of illegal possession of seized property and to introduce the following amendments to the Criminal Code: Article 104.4 of the Criminal Code of the Russian Federation «Compulsory confiscation of property»: «1. Compulsory gratuitous withdrawal from illegal possession of a person by turning into state ownership on the basis of a conviction is not confiscation...» Secondly, it is proposed to reword Art. 104.1 of the Criminal Code of the Russian Federation as follows: «1. Confiscation is a compulsory gratuitous seizure of property from the owner and its conversion into state ownership on the basis of a conviction. The following property is subject to confiscation: ... «Thirdly, it is proposed to complement the Civil Code of the Russian Federation with Article 347.1 «Pledgee’s Guarantees upon Termination of Pledge».

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.

Cancellation of Licenses and Other Special Permits in the Field of Business Activities as Administrative Enforcement Measures: the Essence, Grounds and Problems of Application

2021 ◽  
pp. 20-34
Author(s):  
Ivshina G. G. ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Business Activity ◽  
Legal Entity ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Federal Laws ◽  
Commercial Organizations ◽  
Legal Measure

The article deals with topical issues of understanding the essence, grounds and conditions for applying to legal entities-commercial organizations, and individual entrepreneurs such measures of administrative and legal influence as the cancellation of licenses or other special permits granted to them to carry out certain types of business activities or to perform certain actions in the field of entrepreneurship. In administrative law science, there are different approaches to determining the substance of the administrative legal measure under consideration and the purposes of its application. Cancellation of licenses and other special permits is qualified in the literature as a measure of administrative warning, as an administrative and preventive measure, as a preventive and restorative measure, and even as a measure of administrative responsibility. The rules governing the granting and cancellation of licenses and other special permits are not systematized, they are contained in a variety of Federal laws and laws of the subjects of the Russian Federation that establish various grounds for termination of the relevant licenses and permits, including those that are not related to the Commission of any offenses. In this regard, there is a need to conduct a study of the legal nature, grounds and purposes for revoking licenses and other special permits granted to business entities. The purpose of the research is to identify problems of theoretical understanding, regulatory regulation and practical application by Executive authorities, local government bodies and courts of this administrative and legal measure and develop possible approaches to their solution, including by making the necessary changes and additions to the current licensing and permitting legislation. Based on this goal, the research aims to study the relevant Federal laws, scientific and educational literature, analysis and synthesis of materials of judicial practice in cases of revocation of licenses and other special permits issued to commercial organizations and individual entrepreneurs. During the preparation of the work, methods of formal legal analysis and synthesis of normative material and judicial practice were used. As a result of the research the author formulated the following main conclusions: 1) depending on the legally established grounds and purposes for applying the cancellation (termination) of a license or other special permit issued to a legal entity or individual entrepreneur, this measure may be referred to as administrative measures or administrative-legal confirmation of the loss by the license holder of the special right granted to him in the field of business; 2) cancellation of a license or other special permission in the sphere of business activity as a measure of administrative restraint is an authoritative influence of a competent administrative and public body or arbitration court on a legal entity or individual entrepreneur who has been granted a license or other special permission to carry out certain types of business activity or to perform certain actions in the field of business, consisting in making a decision on cancellation (cancellation, invalidation) of the specified licenses or permits in connection with violations committed by their holders of mandatory, including license, requirements aimed at forcibly terminating the relevant illegal activities or actions; 3) a license or other special permit may be revoked (revoked, invalidated) only if the following conditions are met: 1) the holder of a license or other special permit has committed gross (significant) violations of mandatory (license) requirements; 2) prior to the decision to revoke (revoke, invalidate) a license or other special permit, the following administrative enforcement measures were consistently applied to their holder: issuing an order to stop the violations committed and eliminate their harmful consequences; suspending the license (permit) in case of non-fulfillment of the issued order with the issuance of a second order that was not executed within the established period; 4) in order to ensure uniform legal regulation of the granting and termination (cancellation) of licenses and other special permits for certain types of business activities or for performing certain actions in the field of entrepreneurship, it is necessary to prepare and adopt the Federal law «On the basis of licensing and permitting activities in the Russian Federation», which, among other things, must exhaustively define the cases, grounds and procedure for canceling these licenses and permits. Тhe procedure for consideration by arbitration courts of cases on revocation of licenses and other special permits should be set out in a separate Chapter of the Arbitration procedure code of the Russian Federation.

scholarly journals The arbitrariness of criminal punishment (the example of fine)

2018 ◽  
Vol 2 (3) ◽  
pp. 135-141
Author(s):  
V. M. Stepashin
Keyword(s):  
Russian Federation ◽  
Current System ◽  
Criminal Code ◽  
Legal Interpretation ◽  
Criminal Punishment ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation

The subject. The paper deals with the problem of arbitrariness of criminal punishment in case of replacement of fine with other types of criminal penalties.The purpose of the paper is to identify the criteria to replace the fine to more severe kind of punishment.Methodology. The author uses the methods of analysis and synthesis, as well as dialectic approach. The formal-legal interpretation of the Criminal Codes and of the Russian Federation researches of familiar criminalists is also used.The main results and scope of their application. The arbitrariness of repression as its indicator means the possibility of changing the quality, quantity and (or) intensity of repression depending on the convicted person's compliance with the imposed regime, including the replacement of the assigned measure of state coercion with a more severe one.The author proposes a new version of pt. 5 of art. 46 of the Criminal Code of the Russian Federation. A new model of the consequences of non-payment of a penalty involves the observance of several conditions: 1) every sanctions, including penalty of a fine, should be submitted to the alternative punishment; 2) every sanction, including a penalty of fine and imprisonment, should be submitted to the "intermediate" punishment; 3) selecting the replacement of punishment should be due to unpaid fines and to provide a factual and not a formal toughening of punishment; 4) should establish the possibility of replacing the fine with imprisonment in proportion to the unpaid amount of the fine.The results of research may be used as the basis of correction of the Criminal Code of the Russian Federation and judicial practice. The paper may also inspire new researches concerning replacement of criminal punishment.Conclusions. The current system of replacing the fine does not correspond to the idea of saving repression. The new scheme of replacement of criminal punishment proposed in the paper is less arbitrary.

CONTRADICTION TO THE PUBLIC POLICY OF THE RUSSIAN FEDERATION AS A GROUND FOR CANCELLATION OF THE DECISION OF THE ARBITRATION COURT AND REFUSAL TO ISSUE A WRIT OF EXECUTION

2021 ◽  
Vol 11 (5) ◽  
pp. 140-158
Author(s):  
V.V. MOLCHANOV
Keyword(s):  
Public Policy ◽  
Russian Federation ◽  
State Courts ◽  
Constitutional Court ◽  
Legal Principles ◽  
The Public ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Russian Law

The contradiction with the public order of the Russian Federation is an unconditional basis for cancellation of the decision of the arbitration court and refusal to issue a writ of execution. What is meant by the public policy? There is no definition in the legislation. According to the position of the Supreme Court of the Russian Federation under the public policy are understood the fundamental legal principles (principles) having the highest imperative and universality. Study and analysis of the practice of consideration and resolution of cases about the cancellation of arbitration court decisions and refusal to issue writs of execution by arbitration courts and courts of general jurisdiction shows that the content of the concept of public policy in view of the abstract nature of normativity, inherent in the concept of fundamental principles of Russian law, is interpreted by judicial practice very widely. Since establishing in what cases the decision of an arbitration court violates the fundamental principles of Russian law, and hence the public policy of the Russian Federation, refers to the discretion of the court considering the case, and the boundaries of application of this ground for reversal of decision are determined by the discretion of the court in the context of the specific circumstances of the case. The article also concludes that the position of the Constitutional Court of the Russian Federation, which lies in the fact that since the arbitration courts do not exercise judicial power and are not part of the judicial system of the Russian Federation, the state courts are not empowered to verify the legality of decisions of arbitration courts, which involves identifying the correctness of interpretation and application of law by the court of arbitration, must be understood systematically. According to the author, it is necessary to take into account that the function of state courts to control arbitration proceedings consists, among other things, in ensuring compliance of the results of arbitration proceedings with fundamental legal values, which include the legality of decisions rendered by arbitration courts in terms of interpretation and application of rules of law.

Assessment of the state and level of development of public-private partnership projects in the subjects of the Russian Federation

2018 ◽  
pp. 131-141 ◽  
Author(s):  
A. N. Savrukov ◽  
N. T. Savrukov ◽  
E. A. Kozlovskaya
Keyword(s):  
Detailed Analysis ◽  
Russian Federation ◽  
Significant Proportion ◽  
Transport Sector ◽  
Private Partnership ◽  
Current State ◽  
Central Regions ◽  
The Russian Federation ◽  
Project Data ◽  
Municipal Level

The article analyzes the current state and level of development of publicprivate partnership (PPP) projects in the subjects of the Russian Federation. The authors conclude that a significant proportion of projects is implemented on a concession basis at the municipal level in the communal sphere. A detailed analysis of the project data showed that the structure of the projects is deformed in favor of the central regions of the Russian Federation, and a significant share in the total amount of financing falls on the transport sector. At the stage of assessing the level of development by the subjects of the Russian Federation, criteria were proposed, and index and integral indicators were used, which ensured comparability of the estimates obtained. At the end of the analysis, the regions were ranked and clustered according to the level of PPP development, which allowed to reveal the number and structure of leaders and outsiders.

A methodology for computing and assessing the transport accessibility index: The Russian Federation subjects case study

2020 ◽  
Vol 26 (11) ◽  
pp. 2410-2426
Author(s):  
A.N. Savrukov ◽  
N.T. Savrukov
Keyword(s):  
Russian Federation ◽  
Geographical Location ◽  
Cost Benefit ◽  
Spatial Development ◽  
Economic Effects ◽  
Economic Agents ◽  
Economic Relations ◽  
Transport Accessibility ◽  
Analysis And Synthesis ◽  
The Russian Federation

Subject. This article examines the set of economic relations and problems emerging within the spatial development of settlements and constituent entities of the Russian Federation. Objectives. The article aims to develop key indicators and methods for assessing transport accessibility, potential market capacity, taking into account socio-economic characteristics, geographical location and the level of connectivity of areas. Methods. For the study, we used the methods of economic, statistical analysis and synthesis, comparison, and the k-means method. Results. The article proposes a system of cost-benefit equations for economic agents, and criteria, and a methodology for assessing the Transport Accessibility Index. Based on the clustering of Russian subjects by k-means, the article describes four groups of regions by level of transport accessibility. Conclusions and Relevance. The practical use of the approach presented to assess the Transport Accessibility Index will help form the basis for management decisions aimed at improving efficiency in the planning of spatial development and assessing the socio-economic effects of the proposed measures. The developed Transport Accessibility Index should be used as part of the analysis and monitoring of the effectiveness of infrastructure expenditures affecting changes in the transport accessibility of settlements within individual regions (municipalities).

Developing the basis of the matrix model of the regional innovation subsystem

2020 ◽  
Vol 18 (11) ◽  
pp. 2183-2204
Author(s):  
E.I. Moskvitina
Keyword(s):  
Russian Federation ◽  
Matrix Model ◽  
Federal District ◽  
Assessment Method ◽  
Expert Assessment ◽  
Regional Innovation ◽  
Regional Strategies ◽  
Analysis And Synthesis ◽  
The Matrix ◽  
The Russian Federation

Subject. This article deals with the issues related to the formation and implementation of the innovation capacity of the Russian Federation subjects. Objectives. The article aims to develop the organizational and methodological foundations for the formation of a model of the regional innovation subsystem. Methods. For the study, I used the methods of analysis and synthesis, economics and statistics analysis, and the expert assessment method. Results. The article presents a developed basis of the regional innovation subsystem matrix model. It helps determine the relationship between the subjects and the parameters of the regional innovation subsystem. To evaluate the indicators characterizing the selected parameters, the Volga Federal District regions are considered as a case study. The article defines the process of reconciliation of interests between the subjects of regional innovation. Conclusions. The results obtained can be used by regional executive bodies when developing regional strategies for the socio-economic advancement of the Russian Federation subjects.

Current state and main directions of preservation and strengthening of health of the working population of Russia

2020 ◽  
pp. 527-532 ◽  
Author(s):  
I. V. Bukhtiyarov
Keyword(s):  
Working Conditions ◽  
Russian Federation ◽  
Production Environment ◽  
Working Population ◽  
Industrial Enterprises ◽  
The Past ◽  
Production Factors ◽  
Current State ◽  
The Russian Federation

The article presents the results of the analysis of health, working conditions and prevalence of adverse production factors, the structure of the detected occupational pathology in the working population of the Russian Federation. The article presents Statistical data on the dynamics of the share of workplaces of industrial enterprises that do not meet hygienic standards, occupational morbidity in 2015-2018 for the main groups of adverse factors of the production environment and the labor process. The indicators of occupational morbidity over the past 6 years in the context of the main types of economic activity, individual subjects of the Russian Federation, classes of working conditions, levels of specialized occupational health care. The role of the research Institute of occupational pathology and occupational pathology centers in solving organizational, methodological and practical tasks for the detection, treatment, rehabilitation and prevention of occupational diseases is shown. The basic directions of activity in the field of preservation and strengthening of health of workers, and also safety at a workplace are defined.

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