scholarly journals To the problem of improving normative legal basis of organization of local self-government in Russia

2017 ◽  
Vol 1 (3) ◽  
pp. 108-116
Author(s):  
Olga Bazhenova
Keyword(s):  
Local Government ◽  
Legal Regulation ◽  
State Regulation ◽  
Regulatory Framework ◽  
Systematic Analysis ◽  
Division Of Powers ◽  
Legal Method ◽  
Scope Of Application ◽  
Definition Of ◽  
Legal Mechanism

The subject. The crisis of local self-government actualizes the problem of effectiveness oflegal regulation of the issues of its organization.The purpose of the paper is evaluation of the effectiveness of the regulatory framework forthe organization of local government.The methodology of research includes systematic analysis, formal legal method, interpretationof legislation.The results and scope of application. The crisis of local self-government actualizes the problemof effectiveness of legal regulation of the issues of its organization. Evaluation of theeffectiveness of the regulatory framework for the organization of local government is reducedto two questions: what are the limits of state legal regulation and what are the beginningof the division of powers on the organization of local government between the RussianFederation and the subjects of the Russian Federation.Recognizing the optimal legislative approach to the definition of the limits of state regulation,which assumes the creation at the federal level of a full-fledged legal mechanism for the implementationof local self-government, subject to its combination with the beginning of municipalself-regulation, the author criticizes the legislative approach to delineating the powersto organize local self-government between the Federation and the subjects of the Federation.Conclusions. Due to the legislative formula, according to which the scope of regional powersdepends on the discretion of the federal legislator, the local self-government turned out tobe "hostage" to the emerging federal relations.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

Some Issues in the Work of Probation Inspectorates Related to the Execution of Sentences in the Form of Correctional Labor

2021 ◽  
Vol 15 (1) ◽  
pp. 185-193
Author(s):  
LEONID N. TARABUEV
Keyword(s):  
Current Practice ◽  
Legal Regulation ◽  
Expert Assessment ◽  
Work Related ◽  
Legal Method ◽  
Knowledge Questionnaire ◽  
Regional State ◽  
Tax Benefits ◽  
Legal Mechanism ◽  
Official Data

Introduction: we usethe analysis of official data and the results of our own research to identifymajor issues in the work ofprobation inspectorates aimed at executing penalties in the form of correctional labor. Aim: taking into account current practice of execution of punishment in the form of correctional labor, we formulate some organizational and legal proposals for supporting the activities of probation inspetorates, aimed at improving the effectiveness of execution of this type of punishment. Methods: generalization, comparison, dialectical-materialistic theory of knowledge, questionnaire survey, expert assessment, statistical analysis, comparative-legal method. Results: our proposals for changing the current legislation will help to enhance the performance of probation inspectoratesin their work related to the execution of sentences in the form of correctional labor as a real and in-demand alternative to incarceration. Conclusions: main reasons for insufficient labor involvement of convicts sentenced to correctional worksare as follows: probation inspectorates and territorial bodies of the Federal Penitentiary Service of Russia do not conduct effective preliminary work that wouldhelp to create favorableworkingconditions for the convicts in this category; cooperation of probation inspectorates with municipal authorities at various levels and with regional state authorities is at a low level; as a result, convicts cannot be brought to work in full; there is no legal mechanism to encourage employers to provide jobs to convicts; regional state authorities have yet to introduce appropriate changes to regional legislation so as to reduce the tax on profits of enterprises and organizations that provide jobs for those sentenced to correctional labor; probation inspectorates staff lack initiative with regard to employment quotas in institutions where prisoners work; the personality of a convicted person who is prone to committing crimes and other offenses has not been studied thoroughly. It is obvious that there is a need to develop a mechanism for legal regulation of the functioning of probation inspectorates in the field of execution of sentences in the form of correctional labor. Keywords: probation inspectorate; correctional labor; convict; engagement in labor; quotas; tax benefits; interaction.

scholarly journals Business splitting: compliance with the principle of tax certainty in law enforcement practice

2020 ◽  
Vol 4 (2) ◽  
pp. 41-48
Author(s):  
Karina A. Ponomareva
Keyword(s):  
Tax Evasion ◽  
Legal Consciousness ◽  
Splitting Scheme ◽  
Judicial Practice ◽  
Legal Method ◽  
New Business ◽  
Scope Of Application ◽  
Tax Benefits ◽  
Business Entities ◽  
Definition Of

The subject. The problems of business splitting, when several new business entities are created on the basis of an existing organization in order to maintain a preferential special tax regime, are considered in the article. The aim of this paper is to find out criteria of unjustified tax benefit in the cases concerning business splitting. The methodology. The author uses methods of theoretical analysis, particularly the theory of integrative legal consciousness, as well as legal methods, including formal legal method and analysis of recent judicial practice. The main results, scope of application. The problems of assessing the circumstances of cases involving the application of a business splitting scheme by the taxpayer are inextricably linked to the assessment of the validity of the tax benefit. According to the author, splitting schemes should not be considered as tax evasion, but as an abuse of law. In addition, in order to substantiate the conclusion that a taxpayer has applied a business splitting scheme, the tax authority must have evidence that will indicate that the taxpayer has committed deliberate concerted actions together with persons under its control, aimed not so much at dividing the business as at obtaining an unjustified tax benefit as a result of using such a scheme. Judicial practice is quite ambiguous. Conclusions. The author comes to the conclusion that еhe key concept subject to criticism is the blurred criteria for obtaining tax benefits for taxpayers and the definition of the edge when it passes into the category of unjustified tax benefit.

scholarly journals Systemic approach to the choice of optical methods of forensic examination of micro-objects

2021 ◽  
Vol 39 (69) ◽  
pp. 564-580
Author(s):  
Liudmyla Havryliuk ◽  
Valentyna Drozd ◽  
Olena Nenia ◽  
Anatolii Kyslyi ◽  
Andrii Niebytov
Keyword(s):  
Systematic Approach ◽  
Systemic Approach ◽  
Optical Methods ◽  
Structural Method ◽  
Systematic Analysis ◽  
Holistic View ◽  
Legal Method ◽  
Logical Method ◽  
Examination Methods ◽  
Definition Of

The aim of the article is to analyze theoretical and methodological provisions related to the definition of directions and principles of implementation of a systematic approach to the use of optical research methods, in particular micro-objects. Subject of research is substantiation and formulation of the classification characteristics of such systematic approach, considering the requirements of forensic techniques. Methodology: The study applies such methods of scientific knowledge as dialectical method, system and structural method, logic and legal method, methods of systematic analysis, logical method. Research results: The article studies the problematic issues of a systematic approach to the choice of scientific and technical methods and means for micro-object examination. Practical consequences: The authors argue that optical methods of the micro-object examination require classifying and systematizing to provide a holistic view of their potentials, as well as the nature of the information that can be obtained about the object being examined. Value / originality: The analysis of clarified classification characteristics and requirements for examination methods in forensic science enables to propose the algorithm of the systemic approach to the creation of the open system classification of methods of micro-object examination and to make justified conclusions.

scholarly journals MINING AND BUSINESS ACTIVITIES: IN SEARCH OF THE BALANCE

2019 ◽  
pp. 73-82 ◽  
Author(s):  
I. V. Ershova ◽  
E. V. Trofimova
Keyword(s):  
Legal Regulation ◽  
Digital Economy ◽  
State Regulation ◽  
Entrepreneurial Activity ◽  
Advantages And Disadvantages ◽  
Layer Cake ◽  
Blockchain Technology ◽  
Private And Public ◽  
The Republic ◽  
Definition Of

The article reveals the content and outlines approaches to the definition of the legal nature of mining. Attention is drawn to the necessity of legal regulation of this activity, which is predetermined by the Federal Program «Digital Economy of the Russian Federation» — a project that provides for normative regulation of the digital environment. In order to support the mission to eliminate digital illiteracy, which is also envisaged in the National Program, the author elucidates the etymology and meaning of the term «mining» and considers various doctrinal interpretations of this concept. The paper presents such analogies of the blochchain technology as the public ledger, DNA, and a layer-cake for a better understanding of the blockchain technology that is associated with mining. Material-technical and organizational foundations of mining are revealed. The author demonstrates advantages and disadvantages of solo mining, pool mining, and cloud mining. The results of comparative monitoring of the attitude to the recognition of cryptocurrency as a means of payment are presented. Attention is drawn to the liberal legal regulation of blockchain technology and mining under the laws of the Republic of Belarus. The paper determines the stages of a law-making process aimed at legal support of mining in Russia. Based on the results of comparison of concepts of entrepreneurial activity and mining, it is concluded that mining represents one of new types of entrepreneurship brought to life due to the needs of digital economy. The author suggests thatmining participants be recognized as self-employed persons. It is noted that the entrepreneurial nature of mining arises questions concerning measures of its state regulation which is difficult within the framework of the existing paradigm, but should be built on the basis of a balance between private and public interests.

scholarly journals Protection against imposing unfavorable contract terms by the dominant party in the russian legislation: issues of ensuring the balance of convenience

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Kirill Andreevich Pisenko ◽  
Stanislav Lvovich Botvinnik
Keyword(s):  
Legal Regulation ◽  
Philosophical Perspective ◽  
Public And Private ◽  
Scientific Methods ◽  
Dominant Party ◽  
Legal Method ◽  
General Logic ◽  
Legal Nature ◽  
Definition Of ◽  
Antitrust Regulation

Legal issues of counteracting the imposition of unfavorable contract terms by the dominant party raise a number of theoretical and practical problems. The authors of the article try to determine the legal nature of imposition and develop methods of comprehensive counteraction to this violation in order to ensure the balance of convenience. From the philosophical perspective and a certain worldview, the study is based on the balance of convenience regarded as the objective foundation of legal regulation. The main philosophical and scientific methods used in this article include the dialectic method, the formal-legal method, the method of legal hermeneutics, as well as the comparative-legal and empirical methods. The theoretical basis is represented by scientific works in the field of civil, administrative, entrepreneurial and procedural branches of law. The legal nature of imposition as a type of violation should be determined with due regard to the general logic of antitrust regulation. The parallel use of both public and private law necessitates the development of procedural legal means ensuring uniform law enforcement and the balance of convenience. First of all, the unity of approaches regarding legal tools of public and civil law should be concerned with the definition of features and the essence of elements compiling the imposition itself. The authors also propose approaches to the formation of an appropriate procedural model.

scholarly journals Improvement of legal regulation of foreign economic transactions in the Republic of Uzbekistan

2020 ◽  
Vol 1 (2) ◽  
pp. 94-104
Author(s):  
Dilfuza Imamova
Keyword(s):  
Foreign Currency ◽  
Legal Regulation ◽  
State Regulation ◽  
Applicable Law ◽  
Arbitration Clause ◽  
Commercial Enterprise ◽  
The Republic ◽  
Contract Language ◽  
Definition Of ◽  
Economic Transaction

The article deals with issues related to improving the legal regulation of foreign economic transactions in the Republic of Uzbekistan. It is determined that foreign economic transaction is a transaction in which one party is a foreign company or a commercial enterprise located in another state, the trade focused on the import or export abroad and to use in settlements with counterparty foreign currency. It was found out that some types of foreign economic transactions are not reflected in the national legislation of the Republic of Uzbekistan, namely distribute and forfeiting contracts. The article notes that there are various problems associated with the incorrect formation of the terms of foreign economic transactions, their content and requirements, in particular when reflecting the applicable law, the arbitration clause, determining the advantages of the contract language, the application of non-state regulation. It is concluded that it is necessary to regulate the definition of applicable law in relation to certain types of foreign economic transactions that are not reflected in the Сivil code of the Republic of Uzbekistan, namely, in relation to distribution and forfeiting contracts, certain types of foreign economic transactions, internet auctions, internet contests or internet exchanges. Based on the study of foreign experience and scientific and theoretical views, ways to improve legislation in the field of settlement of certain types of foreign economic transactions were investigated. Based on the results of the analysis, relevant conclusions were drawn and proposals were developed for the current legislation.

scholarly journals LEGAL REGULATION OF WASTE MANAGEMENT IN UKRAINE AND THE EU

2020 ◽  
pp. 67-78
Author(s):  
Oleksandr Balobanov ◽  
◽  
Anastasiia Shparlo ◽  
Keyword(s):  
Waste Management ◽  
Negative Impact ◽  
Human Life ◽  
Legal Regulation ◽  
State Regulation ◽  
Regulatory Framework ◽  
Technical Equipment ◽  
European Legislation ◽  
European Standards ◽  
Maritime Infrastructure

Ensuring the environment is safe for human life and health is one of the vital goals of the entire world community. Seaports inevitably affect the atmosphere, hydrosphere and soil. The main source of environmental pollution are merchant ships, which produce the most danger for the marine environment. The solution to the problem of waste management should be carried out through the state regulation, which should take into account the national characteristics of the population and the positive experience of European legislation. The author notes that the effective functioning and development of seaports depends on a number of factors, including the level of their technological and technical equipment, development of maritime infrastructure, compliance of the management system with modern international requirements, provision of regulatory framework. The current legislation of Ukraine and the requirements of the European legislation in the field of waste management are considered and analyzed. Approaches to solving the global problem in the context of European integration are proposed, namely: creating the necessary regulatory framework to reduce ship waste and cargo residues into the sea, as well as preventing or limiting the negative impact of seaports on the environment and human health; creation of modern infrastructure. The lack of regulation has a direct impact on the environment, on the efficiency of not only the port and transport industry, but also the economy as a whole. The study aims to highlight a fundamental criterion − waste management in the ports of Ukraine. It is concluded that in Ukraine there is no clear organizational structure of waste management. The author concludes that it is necessary to use European standards for waste management in ports

scholarly journals Contemporary forms and methods of counteracting narcotization of the youth

2020 ◽  
Vol 9 (28) ◽  
pp. 377-385
Author(s):  
Anatoliy Trokhymovych Komziuk ◽  
Ruslan Semenovych Orlovskyi ◽  
Bohdan Mykhailovich Orlovskyi ◽  
Taisa Vasylivna Rodionova
Keyword(s):  
Law Enforcement ◽  
Developed Countries ◽  
Law Enforcement Agencies ◽  
Lower Efficiency ◽  
Systematic Analysis ◽  
Legal Method ◽  
The Developed Countries ◽  
Definition Of ◽  
Major Factors ◽  
Preventive Methods

The purpose of the paper is to examine the most efficient forms and methods of counteracting narcotization in society, especially of the youth, and also to characterize the most important factors of the proliferation of narcotization. The authors used the following methods in the research: dialectical, dogmatic, method of systematic analysis and comparative-legal method. The paper analyses forms and methods of counteracting narcotization of the youth in Ukraine and worldwide. It elaborates the definition of the following terms: “narcotization”, “counteracting narcotization”, “forms of counteracting narcotization” and “methods of counteracting narcotization”. It ascertains that emerging and proliferation of narcotization has a direct correlation with the complex of social factors, each one of them obtained a specific characteristic. Besides analyzing the major factors of emergence and proliferation of narcotization of the youth, the paper gives particular attention to defining forms, methods and means of counteracting this socially harmful phenomenon. The paper studies positive experience in regard to activities of law enforcement agencies of the developed countries in the sphere of counteracting narcotization, including narcotization of the youth. It emphasizes that coercive methods of reducing narcotization have much lower efficiency compared to preventive methods that are generally more humane and economically efficient. The paper formulates the conclusion about the necessity of ongoing engagement of the community in counteracting narcotization of society, especially of the youth.

Challenges of the Implementation of the European Charter of Local Self-Government in Bulgarian Legislation

2018 ◽  
Vol 16 (4) ◽  
pp. 915-927 ◽  
Author(s):  
Milena Hristova Stefanova
Keyword(s):  
Local Government ◽  
Central Government ◽  
Legal Regulation ◽  
Legal Definition ◽  
Definition Of ◽  
Local Significance

This article discusses the challenges of improving Bulgarian legislation in terms of the implementation of the European Charter of Local Self-Government. It proves the necessity to introduce a legal definition of the concept of a “matter of local significance”. In order to ensure the consistent implementation of decentralization, it is required to put in writing the rules for how the local and central government should interact. Both the tools as well as the mechanisms which are used in the decentralization process as well as the expansion of local self-government are in need of legal regulation. All of this aims to improve the effectiveness and efficacy of local government.

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