Legal Means to Prevent Unjustified Payment of Pensions to Citizens Living Abroad

2020 ◽  
Vol 17 (4) ◽  
pp. 53-64
Author(s):  
Oleg S. Kurchenko
Keyword(s):  
Social Security ◽  
Russian Federation ◽  
General Rule ◽  
International Agreements ◽  
International Treaties ◽  
National Legislation ◽  
Permanent Residence ◽  
Legal Method ◽  
Foreign State ◽  
The Russian Federation

Introduction. The legislation of the Russian Federation provides for the possibility of paying most types of pensions to those citizens whose place of permanent residence is a foreign state. At the same time, permanent residence of a pensioner abroad increases the risk of unjustified payment of pensions and creates the need to use additional legal means aimed at preventing such consequences. Purpose. The purpose of the study is to describe the system of legal means that are aimed at preventing unjustified payment of Russian pensions to citizens living abroad, and to analyze the provisions of Russian and international legal acts that establish these legal means. Methodology. To achieve these goals, formal legal (dogmatic) method and comparative legal method were mainly used. Results. The system of legal means to prevent unjustified payments to those Russian citizens who permanently reside abroad includes legal means provided for by national legislation and the norms of international treaties concluded by the Russian Federation. The first group is represented mainly by additional obligations of the beneficiary to inform the pension agency about maintaining the grounds for payment of pensions (especially the duty to confirm being alive), failure to which, as a general rule, constitute grounds for the suspension of payment of pension. The legal means stipulated in international legal acts are based on the interaction of the competent institutions of the Contracting parties and are implemented, as a rule, without the participation of the pension recipient. Conclusion. The expansion of the list of States with which Russia has concluded international agreements on cooperation in the field of social security and the improvement of national legislation in this area should help reduce the number of cases of excessive payment of pensions to citizens living abroad.

COLLODIZING LINKS IN PRIVATE INTERNATIONAL LAW

2021 ◽  
pp. 19-21
Author(s):  
Н.Д. Эриашвили ◽  
Г.М. Сарбаев ◽  
В.И. Федулов
Keyword(s):  
International Law ◽  
Present Article ◽  
Russian Federation ◽  
Legal Regulation ◽  
Private International Law ◽  
International Treaties ◽  
Public Interests ◽  
National Legislation ◽  
The Public ◽  
The Russian Federation

В представленной статье рассмотрены проблемы коллодирующих привязок в международном частном праве и особенности их правовой регламентации в законодательстве Российской Федерации. Автором проанализированы особенности нормативного закрепления данного типа привязок в системе международных договоров, а также механизм имплементации этих норм в национальном законодательстве различных государств. На основе сложившейся практики применения коллодирующих привязок национальными органами государственной власти обоснована необходимость учета публичных интересов государства в данных правоотношениях. The present article examines the problems of collodizing links in private international law and the peculiarities of their legal regulation in the legislation of the Russian Federation. The author analyzed the peculiarities of this type of binding in the system of international treaties, as well as the mechanism for implementing these norms in the national legislation of various states. On the basis of the established practice of applying collodial links by national authorities, the need to take into account the public interests of the State in these legal relations is justified.

Distinctive Features of the Object of Smuggling of Strategically Important Goods and Resources

2021 ◽  
pp. 225-230
Author(s):  
Vladislava K. Zaigraeva ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Code ◽  
Public Security ◽  
International Treaties ◽  
Eurasian Economic Union ◽  
Legal Method ◽  
Economic Sphere ◽  
The Russian Federation ◽  
Economic Union

The aim of the study is to consider issues related to the definition of public danger and the object of smuggling of strategically important goods and resources as a crime under Article 226.1 of the Criminal Code of the Russian Federation, as well as the positions of individual researchers on these issues. The methodological basis of the research was formed by the general scientific theory of knowledge; the method of comparative analysis and the logical-legal method of cognition were also used. The latter was used for a more accurate understanding of the norms of Russian criminal legislation, their analysis, as well as for the interpretation of the main provisions reflected in the legal literature. As a result, the author questions the correctness of the placement of the smuggling of strategically important goods and resources in Chapter 24, Crimes Against Public Security, of Section IX, Crimes Against Public Security and Public Order: in cases of smuggling of strategically important goods and resources, the procedure for movement established in the international treaties and legislation of the Russian Federation always suffers directly, while, taking into account the possibility of further distribution of smuggled objects in the event of an untimely suppression of these objects' illegal movement, public security is only endangered but does not suffer directly. The legislator establishes the qualification of smuggling of strategically important goods and resources in large volumes as exceeding one million rubles, which confirms that the public danger of this crime is determined by economic indicators. The author proves that smuggling of strategically important goods and resources harms public relations in the economic sphere rather than public relations that ensure public security. The conclusion is formulated that the totality of social relations that ensure the normal functioning and development of the economy should be considered as the main generic object of this crime. The direct object of smuggling of strategically important goods and resources is the procedure established by the international treaties and legislation of the Russian Federation for moving strategically important goods and resources through the customs border of the Eurasian Economic Union or the state border of the Russian Federation with the member states of the Eurasian Economic Union. Criminal liability for smuggling of strategically important goods and resources is proposed to be provided for in a separate article, which should be placed in Section VIII, Crimes in the Economic Sphere, of the Criminal Code of the Russian Federation.

THEORETICAL BASIS OF APPLICATION OF INTERNATIONAL AGREEMENTS OF RUSSIA

2021 ◽  
Author(s):  
Шадид Шахидович Муцалов
Keyword(s):  
Russian Federation ◽  
Theoretical Basis ◽  
International Agreements ◽  
International Treaties ◽  
Systematic Analysis ◽  
The Russian Federation ◽  
Theoretical Foundations

В статье обосновывается необходимость системного анализа процессов и теоретические основы применения норм международных договоров на территории Российской Федерации. The article substantiates the need for a systematic analysis of processes and the theoretical foundations for the application of the norms of international treaties on the territory of the Russian Federation.

scholarly journals Recognition specifics of admissibility of evidence obtained within the foreign state territory

2019 ◽  
Vol 2019 (4) ◽  
pp. 131-136
Author(s):  
Elena Bykadorova
Keyword(s):  
Russian Federation ◽  
International Crime ◽  
Legal Assistance ◽  
International Treaties ◽  
Law Enforcement Agencies ◽  
Foreign State ◽  
Foreign Law ◽  
The Russian Federation ◽  
Compliance With The Law ◽  
Evaluation Of Evidence

The article goes through the issues of legal support for the admissibility of evidence obtained within the territory of a foreign state. This issue is particularly topical in connection with rise in international crime. The need to improve the crime fighting requires updating of standards of work with evidence, specifically in evaluation of evidence obtained in a foreign state. Failure to comply with the relevant procedure and rules in request for legal assistance may cause further difficulties in providing of legal assistance and in the recognition of evidence as acceptable in the territory of the Russian Federation. The article proposes criteria how the proving subjects can accept evidence obtained within the territory of a foreign state as admissible. Ensuring the admissibility of evidence is premised on compliance with international treaties as well as observance of established procedures for the interaction between Russian and foreign law enforcement agencies and compliance with the law of a foreign state regarding the procedure for obtaining and enshrining evidence. The article explains why the legislation requirements of the place where the evidence was obtained, but not the country requesting the evidence, are of primary importance for establishing the admissibility of evidence obtained outside the Russian Federation. The admissibility of evidence is also ensured by compliance with the rules of the legal entity for obtaining evidence, the legal source of evidence, legal methods of obtaining and enshrining evidence.

scholarly journals ON THE INTERPRETATION OF THE TERMS «LAW» AND «LEGISLATION» IN THE CONTEXT OF THE AUTONOMY OF WILL OF THE PARTIES TO INTERNATIONAL PRIVATE LAW RELATIONS

2020 ◽  
pp. 151-167
Author(s):  
Tatyana V. Novikova ◽  
Keyword(s):  
Russian Federation ◽  
International Agreements ◽  
Private Law ◽  
International Treaties ◽  
Commercial Arbitration ◽  
Conflict Of Laws ◽  
Applicable Law ◽  
International Private Law ◽  
The Russian Federation ◽  
Law And Legislation

As a general rule, an express written agreement on applicable law is the most successful in the event of a dispute. However, the wording of the agreement, particularly when terms such as «law» and «legislation» are used, can cause significant difficulties in the law enforcement process. The practice of Russian courts and the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation has established the position that the parties' choice of «Russian Federation law» means, first and foremost, their choice of international treaties of the Russian Federation which are an integral part of its legal system and, as far as they are concerned, of Russian regulations. Difficulties in the practice of the International Commercial Arbitration Court are caused by the interpretation of the phrase «Russian Federation law» used in applicable law agreements. In some decisions it is understood as covering only Russian regulatory acts, in others it is understood as implying also international agreements of the Russian Federation. This problem is most acute in the application of the Convention on Contracts for the International Sale of Goods, as the Convention allows the parties to exclude its application. This problem is compounded by the fact that the legislator himself uses various terms in formulating conflict of laws rules. For example, as part of the conflict of laws regulation of contractual legal relations with a foreign element, the Agreement of the countries of the Union of Independent States on the procedure for settling disputes related to business activities uses the term «legislation» and the Civil Code of the Russian Federation uses the term «law». In this regard, we support Oleg Malkin's position on the expediency of using the term «law» both in national conflict of laws rules and in international treaties concluded by the Russian Federation. We believe that if the parties choose the «legislation of the Russian Federation», the ap-plication of international treaties of the Russian Federation will only be justified if the parties themselves confirm that they did not intend to exclude their validity. In the absence of a common position of the parties on this issue, the court and the arbitral tribunal will be forced to interpret the said phrase in the light of its literal meaning and in the light of Art. 3 and 7 of the Civil Code of the Russian Federation as covering only domestic legal acts and excluding (if such exclusion is permissible) international agreements. While acknowledging that in a number of cases the parties to applicable law agreements do not see any difference between the terms «law» and «legislation», we will point out the following. In the absence of an agreed position on the contrary, an express agreement must be interpreted only in accordance with its literal meaning, and a party that does not understand such meaning will suffer the adverse consequences of its misunderstanding. In this regard, the parties to international private law relations should once again be reminded of the recommendation to formulate the texts of applicable law agreements as precisely and unambiguously as possible.

scholarly journals The international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields

2018 ◽  
pp. 54-63
Author(s):  
O V. Glikman
Keyword(s):  
Russian Federation ◽  
International Treaties ◽  
Exploration And Exploitation ◽  
Scientific Methods ◽  
Joint Activities ◽  
Regional Features ◽  
Legal Method ◽  
General Scientific ◽  
The Russian Federation ◽  
Definition Of

Introduction. The article presents a complex review of international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields. The author exposes the importance of these international treaties for subsoil users.Material and methods. The methodological basis of the research consists of general scientific methods and special legal methods (the comparative legal method, the methods of interpretation, the method of legal modeling).Results. The author formulates the definition of transboundary field, proposes the classification of the international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields, presents a general review of the identified types, reveals their features, differences of mechanisms, draws the conclusions about the importance of these international treaties for subsoil users.Discussion and conclusion. The international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields are subdivided into four types: 1) on a state border and (or) delimitation of sea spaces; 2) on the regime of a state border; 3) on exploration and exploitation of certain transboundary fields; 4) related international treaties.The differences of the mechanisms of the international treaties under examination are directly connected with a type of transboundary field (its resources), its production characteristics, regional features, how friendly the relations between two states are, their interest in cooperation in this sphere and the desire of their companies to carry on joint activities on the respective subsoil plots.Some mechanisms of these treaties need further development.

scholarly journals Terms of Appeal of Definitions in Civil Procedure

2020 ◽  
Vol 17 (3) ◽  
pp. 47-52
Author(s):  
Lidia Terekhova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
General Rule ◽  
Constitutional Court ◽  
Legal Method ◽  
The Supreme Court ◽  
Logical Method ◽  
The Russian Federation ◽  
The Right ◽  
Court Of First Instance

Introduction. Decisions made by the courts on emerging procedural issues are not subject to the rule of universal appeal and can be appealed only if there are two conditions specified in the law, the correctness of which is questioned in the literature. Purpose. The aim of the work is to substantiate the necessary conditions for an independent (separately from the decision) appeal of the rulings of the court of first instance. Methodology. The author used formal legal method, analysis, synthesis, formal logical method. Results. The proposals put forward in science are considered to supplement and amend the current civil procedural legislation in part of appealing the rulings of the court of first instance. The author, with reference to examples, noted that the current law does not always look fair and consistent in the sutuation of which particular definitions are subject to appeal. It is not always possible to agree with the legislator that he correctly singled out those definitions that are adopted on the most important procedural issues, delaying the verification of definitions on which may make it difficult or impossible to protect violated rights. Accordingly, there are reasonable claims that the legislator classifies specific definitions as appealed. The assignment of definitions to the number excluding the further movement of the case faces constant difficulties, since it is not always possible to understand by the nature of the definitions that they exclude the movement of the case. An important role in resolving disputes is played by the legal positions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. The Supreme Court of the Russian Federation periodically clarifies controversial issues when appealing against rulings that arise in judicial practice. The Constitutional Court clarifies both private issues and formulates general rules. Conclusion. The author recognizes the correct approach chosen in the current legislation, notes other than independent appeals, ways to protect rights, as well as the role of the highest judicial authorities in clarifying disputed situations. Thus, the Constitutional Court of the Russian Federation formulated a general rule: from the right to judicial protection guaranteed by the Constitution, the right to arbitrarily choose the procedure for appealing court decisions does not follow.

scholarly journals Diagnostics of a Tax Benefit in National and International Law (Methodological Aspects)

Taxes ◽  
2021 ◽  
Vol 1 ◽  
pp. 36-40
Author(s):  
Inna A. Khavanova ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Tax Evasion ◽  
International Agreements ◽  
International Agreement ◽  
Profit Shifting ◽  
National Legislation ◽  
Stage Of Development ◽  
The Russian Federation ◽  
Methodological Aspects

The article is devoted to the aspects of substantiation of tax benefit in transnational operations. The schemes of tax evasion including transnational ones face strong opposition in national legislation, judicial doctrine and provisions of international agreements. In author`s opinion, now the doctrine of unfounded tax benefit is at the new stage of development after the adoption of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation on appraisal by arbitration courts of relevance of gaining of tax benefit by tax residents, dated October 12 № 53. The author examines interaction between internal (Article 54.1 of the Tax Code of the Russian Federation) and international tax rules taking into account new approaches adopted after the OECD/G20 Base Erosion and Profit Shifting Project was realized. Special attention is paid to Multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting particularly to principle purpose test. The author notes that principle purpose test was designed on the basis of legal link between principal purposes of tax payer transaction and object and purpose of international agreement. The nature of such approach can be explained by peculiarities of international agreements for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.

Direct Application of the Rules of International Agreements in the Implementation of the Protection of the Rights of Subjects of Domestic and Cross-Border Relations

2020 ◽  
Vol 15 (8) ◽  
pp. 174-184
Author(s):  
B. A. Shakhnazarov
Keyword(s):  
Russian Federation ◽  
International Agreements ◽  
Direct Application ◽  
Constitutional Court ◽  
International Treaties ◽  
Industrial Property ◽  
Cross Border ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The paper attempts to comprehensively investigate the problems of the direct application of the provisions of international agreements for the purpose of regulating various intrastate as well as cross-border relations. It is noted that this opportunity seems to be an effective mechanism for protecting the rights of the subjects of the relevant relations. An analysis of law enforcement practice is carried out for the direct application of the provisions of international treaties when they conflict with the provisions of national legislation or regardless of the establishment of such a conflict. The paper analyzes the provisions of the Constitution, other legislation of the Russian Federation, decisions of the Constitutional Court of the Russian Federation, decisions of the Plenum of the Supreme Court of the Russian Federation, judicial practice on the application of the provisions of international treaties to various relations (corporate, customs, relations in the field of industrial property). The conclusion is made that the international agreements of the Russian Federation, being an integral part of its legal system, have an independent normative nature as a source of law. The possibility of direct (direct) application of the norms of any international treaties (including the so-called non-selfexecuting ones) is substantiated.

Constitutional Principles and Interaction of International and Domestic Law

10.12737/3467 ◽  
2014 ◽  
Vol 2 (5) ◽  
pp. 105-116
Author(s):  
Борис Осминин ◽  
Boris Osminin
Keyword(s):  
International Law ◽  
Russian Federation ◽  
General Rule ◽  
International Treaties ◽  
International Regulation ◽  
International Treaty ◽  
General Duty ◽  
International Obligations ◽  
The Russian Federation ◽  
National Systems

The article highlights the different approaches of states in implementation of international law in their municipal realm. As a general rule, international law leaves states free to implement their international obligations in a way they see fit. A distinction is made between customary international law and treaty rules of international law in the practice of states. There exists a general duty for states to bring national law into conformity with their international obligations or to fulfil these obligations in another ways. In this regard all that international law provides is that states cannot invoke the provisions of their internal law as a justification for not complying with their international obligations. There is no international regulation as to how national systems are to give effect to international law rules. As a consequence each state decides on its own, how to make international law binding and what status and rank in the hierarchy of municipal sources of law assign to it. A survey of national systems shows a complete lack of uniformity. The article analyses provisions of Article 15(4) of the 1993 Russian Constitution which provides that “generally recognized principles and norms of international law and international treaties of the Russian Federation shall be an integral part of its legal system. If other rules have been established by an international treaty of the Russian Federation than provided for by a law, the rules of the international treaty shall apply”.

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