scholarly journals Consolidation of municipalities in the newest time

2017 ◽  
Vol 1 (3) ◽  
pp. 117-124
Author(s):  
Yury Blagov
Keyword(s):  
Russian Federation ◽  
Town Planning ◽  
Initial Increase ◽  
Rural Settlements ◽  
Federal Law ◽  
Urban Districts ◽  
Legal Method ◽  
The Russian Federation ◽  
Socio Demographic Factors ◽  
Simplified Procedure

The subject. The article is devoted to the analysis of the causes, the process, the consequencesof the enlargement of municipalities in the Russian Federation.The purpose of this paper is to show that with the initial increase in the number of municipalities,many of them turned out to be incapable of effectively addressing local issues andproviding quality services to the population. In this regard, the reverse process began – theconsolidation of municipalities. As a result, the number of municipalities, especially the rurallevel, has dramatically decreased. The enlargement of municipal formations went arbitrarily,without taking into account the infrastructural and historical unity of the unified urbansettlements.The methodology. The author uses a dialectical method, a method of analysis and synthesis,a formal legal method, a comparative legal method.Results, scope of application. 03.04.2017 Federal Law No. 62-FZ is adopted, which providesfor the transformation of municipal raions and constituent urban and rural settlements intourban districts according to a "simplified procedure", that is, with the consent of the populationexpressed by the representative body of the municipality. In parallel, under considerationin the legal department of the State Duma of the Russian Federation there is a billintroduced by deputy A.P. Markov, offering to introduce a new type of municipal formation– the rural district. In rural districts it is proposed to unite settlements in rural municipalareas. The implementation of this bill will lead to the mass elimination of rural settlements.Actually there are no accurate and exhaustive legislative provisions regulating the territorialboundaries of urban districts, forms of the transformation and abolition of municipalities;moreover, local political and economic elites persistently seek to preserve the single tiermanagement system developed over the decades. As a result of these blemishes, within administrative areas of some RF constituent entities, there are urban districts that consist of the large not urbanized territories with a poorly developed transport, social, economic infrastructure and without any common development goals. The authors conclude that the bias towards municipalities' consolidation in many RF constituent entities is justified and caused by ignoring of the vertical command relations in former areas. At the same time, they point out the need to take into account the town-planning, economic and geographical, socio-demographic factors while transforming municipal areas into urban districts, otherwise, all these transformations are fictitious and turn into revising of powers by local elites.Conclusions. The municipal legal policy of consolidation of municipal entities is aimed at liquidating the settlement level of local self-government, which directly contradicts Part 1 of Art. 131 of the Constitution of the Russian Federation, which establishes the implementation of local self-government by the population, first of all, at the primary, settlement level. 

scholarly journals Affiliation of legal entities: reality and prospects

2019 ◽  
Vol 2019 (3) ◽  
pp. 83-88
Author(s):  
Сергей Тычинин ◽  
Sergey Tychinin ◽  
Олег Скопенко ◽  
Oleg Skopenko
Keyword(s):  
Russian Federation ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Entity ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The relevance of the study of the problem of affiliation of legal entities is determined by the lack of a coherent legal mechanism to ensure the resolution of conflicts of interest between dependent persons. As of today, Russian legislation as a whole does not contain clear provisions regarding the concept of the affiliation of legal entities. Certain laws contain only separate independent concepts, for example, the concept of “affiliation” is used in the Civil Code of the Russian Federation; in the Federal Law «On Competition» - the concept of «group of persons»; in the Tax Code of the Russian Federation - the concept of «interdependent persons». Therefore, the study of the problem of settling relations with affiliates deserves special attention. The objectives of this study are the systematization and analytical study of the legal regulation of the institution of the affiliation of legal entities. In the course of the study, the authors used the following methods: analysis and synthesis, modeling, comparison, analysis of the regulatory framework, synthesis, formal legal method The article examines the issues of legal regulation of the affiliation of a legal entity. The definition of the concept of “affiliation” is given, criteria and signs of affiliation of a legal entity are defined, various scientific approaches to the definition of this category are given, problems of correlation with economic and other types of relations between affiliates are explored. In the course of the study, the authors came to the conclusion that the institution of affiliation in its present form undoubtedly needs to be reformed. It is necessary to develop a unified law, reflecting all the nuances of the concept of “affiliation” and the features of the transactions with affiliated persons.

scholarly journals COMPETENCE OF LOCAL SELF-GOVERNMENTS: DEBATABLE ISSUES

2018 ◽  
Vol 1 (4) ◽  
pp. 117-128
Author(s):  
Yury Blagov
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Point Of View ◽  
Federal Law ◽  
Material Resources ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
History Of ◽  
Scope Of Application ◽  
The Russian Federation

Subject. The article is devoted to the discussion issues of competence of local self-government.The purpose of this paper is to show that the federal government passes such laws in order to build a single “power vertical” from a rural settlement to a constituent entity of the Russian Federation and above, since from his point of view it is easier to carry out public administration.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method, a comparative legal method.Results, scope of application. The competence of local self-government bodies consists of two parts: compulsory competence and optional competence. The compulsory competence includes issues of local importance of municipalities and certain transferred state powers. The optional competence of local self-government bodies includes the rights of local self-government bodies to resolve issues not related to issues of local importance of municipalities and other issues not within the competence of local government bodies and not excluded from their competence by federal and regional legislatures. Certain transferred state powers should not prevail over the powers related to the solution of issues of local importance and determine the functional purpose of local self-government bodies as such. It can be assumed that by their nature they should be related to the immediate interests of the local population.The rights of local self-government bodies to resolve issues not related to issues of local importance of municipalities are neither issues of local significance nor transferred by separate state powers. The meaning of their consolidation in Federal Law No. 131-FZ is to transfer to the local self-government authorities of powers which the state authorities cannot perform, but without the transfer of the corresponding material resources and financial resources that local governments should seek independently. The author offers his own solutions of this problem.The author criticizes the institution of redistribution of powers, since this institution contradicts the Constitution of the Russian Federation and the European Charter of Local Self-Government and comes to the conclusion that the issues of local importance of different types of municipalities overlap, as well as duplicate part of the powers of state authorities of the subjects of the Russian FederationConclusion. The new attempt to build a single vertical of power, which has been repeatedly undertaken in the history of Russia, is doomed to failure with all the ensuing consequences, especially acute during the economic crisis.

MEDIATION AS AN ALTERNATIVE WAY OF SETTLING FAMILY DISPUTES IN THE RUSSIAN FEDERATION

2021 ◽  
pp. 133-147
Author(s):  
Eugenia R. Bryukhina ◽  
◽  
Ekaterina A. Chertkova ◽  
◽  
Keyword(s):  
Conflict Resolution ◽  
Russian Federation ◽  
Federal Law ◽  
Family Mediation ◽  
Separate Type ◽  
Legal Method ◽  
The Status ◽  
The Russian Federation ◽  
Mediation Agreement ◽  
Goals And Objectives

The article examines the specific goals and objectives of family mediation, the characte-ristics of the status and work of the mediator and the characteristics of the procedure of recon-ciliation of the parties to the family legal conflicts, touches on the problems of legislation and practice of mediation in the consideration of family legal conflicts. The article substantiates the need to distinguish mediation in disputes arising from family legal relations as a separate type of conflict resolution procedures with the participation of a mediator. Modern formation and development of civil society in conditions of democracy reveals more and more interest of participants of legal relations in independent settlement of disputable situations. With the adoption of Federal Law No. 193-FZ of 27.07.2010 "On alternative dis-pute resolution procedure with the participation of a mediator (mediation procedure)" media-tion is increasingly being used as one of the most efficient non-jurisdictional means of dispute resolution. The article substantiates the need to distinguish mediation in disputes arising from family legal relations as a separate type of conflict resolution procedure with the participation of a mediator. The methodology of the study is based on the formal-legal method, which is used in the study of the legal institution of mediation. In addition, as part of the study of the fre-quency and nature of the use of mediation procedures for the resolution of disputes referred to the court, the statistical method was used. The paper examines the legislation on mediation of the Russian Federation, identifies some problems of law enforcement, and proposes possible ways to solve them. The article proposes to eliminate legislative contradictions regarding the possibility of recourse to court with an agreement on mediation, to indicate in the Federal Law "On Mediation" the existence of a mediation agreement is not a condition but a basis for mediation, as well as to legislate the possibility of mediation by telecommunication.

scholarly journals System of offences associated with securities fraud in the Russian Federation (Part 2)

2021 ◽  
pp. 13-21
Author(s):  
Elina Leonidovna Sidorenko ◽  
Ekaterina Aleksandrovna Khalizeva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Federal Law ◽  
Securities Fraud ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
System Operator ◽  
The Russian Federation ◽  
State Registration

This article is a sequence of research conducted by the authors on the topic of offences related to digital securities fraud (Part 2). It completes the design of the system of such offences, determining the “subsystem” that considers the economic nature of the Central Securities Depository. For this purpose, analysis is conducted on the articles of the Criminal Code of the Russian Federation that form the system of offences related associated with the fraud of non-digital securities (Articles 185-186) from the perspective of their applicability to digital securities and peculiarities of such application. The research is based on the systemic approach, comparative-legal method, logical techniques of analysis and synthesis of information, as well as the method of deduction. The authors conclude on applicability of the Articles 185, 185.1, 185.2 and 185.4 of the Criminal Code of the Russian Federation to unlawful acts related to digital securities, taking into account the specificity of their legal regulation, namely the absence of necessity of state registration of stocks in the form of digital financial assets, the registration of rights to central securities depository by the information system operator that issued them, etc. Summarizing the results of this research with the results acquired in the Part I, the authors form the system of offences associated with the digital securities fraud, which includes the aforementioned elements, as well as the elements stipulated in the Article 187.1 “Organization of illegal trafficking of digital Rights” of the Draft Federal Law “On Amendments to the Criminal Code of the Russian Federation”. The Russian legal science unfortunately does not give due attention to examination of this problem, and such system is developed for the first time. The authors anchor hopes that the system of offenses they have designed would be effectively used in the law enforcement practice in the context of classification of unlawful action associated with central securities depository.

scholarly journals Protection of the Rights of Crowfunding Participants as an Electronic-Digital Method for Attracting Investments

2020 ◽  
Vol 16 (2) ◽  
pp. 78-82
Author(s):  
D. Е. Matytsin
Keyword(s):  
Russian Federation ◽  
Industrial Revolution ◽  
System Analysis ◽  
High Tech ◽  
Financial Instruments ◽  
Federal Law ◽  
Legal Method ◽  
Transaction Process ◽  
Legitimate Interests ◽  
The Russian Federation

Introduction. The article is devoted to identifying the shortcomings of civil law mechanisms currently in force in Russia to protect the rights and legitimate interests of crowdfunding entities based on technologies of Industry 4.0. The relevance of the declared topic is predetermined by the need for technological improvement of production processes during the period of neo-industrial transformations of the national economy, which, in turn, are impossible without impressive investments.Materials and methods. Researchers’ attention is focused on the Federal Law “On Attracting Investments Using Investment Platforms and Amending Certain Regulatory Acts of the Russian Federation”, the systemic change of which, in the author’s opinion, can solve the complex task of improving the existing set of financial instruments through the use of the latest digital technologies. The author uses the methods of system analysis, the formal legal and comparative legal method of scientific research.Research results. Recognizing the high importance of crowdfunding in a neo-industrial economy, the author devoted his research to the protection of the rights and legitimate interests of entities involved in investment relations. The unresolved issues and the provisions requiring modernization are  analyzed, which are contained in the Federal Law “On attracting investments using investment platforms and amending certain regulatory acts of the Russian Federation”. As a result of the analysis, specific proposals and recommendations on improving the federal law were made.Discussion and conclusions. The necessity of the emergence of new high-tech financial instruments to raise funds, allowing to radically improve the quality of decision-making in all sectors of the economy, including in the field of banking services, as well as significantly accelerate the transaction process, is substantiated. One of these developing instruments for investing in the fourth industrial revolution looking to the future is crowdfunding. The advantages of using crowdfunding and crowdinvesting platforms as investment transaction technologies are revealed.

Environmental and legal problems of ensuring biological safety in the Arctic zone of the Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 66-69
Author(s):  
Natalia Zhavoronkova ◽  
Vyacheslav Agafonov
Keyword(s):  
Russian Federation ◽  
Environmental Law ◽  
Point Of View ◽  
The Arctic ◽  
Arctic Zone ◽  
Federal Law ◽  
Biological Safety ◽  
Legal Problems ◽  
Potential Risks ◽  
The Russian Federation

The article is devoted to the study of modern theoretical and legal problems of ensuring biological security in the Arctic zone of the Russian Federation. The published Draft of Federal law No. 850485-7“On biological security of the Russian Federation”provides an opportunity to take a closer look at the problem of legal provision of biological security in relation to the most vulnerable ecosystems, and, first of all, the Arctic. The article considers the most important features and potential risks of the Arctic zone of the Russian Federation of critical importance from the point of view of biological hazards, the features (specificity) of biological safety problems from the point of view of organizational-legal features and, in particular, from the perspective of environmental law. It is proved that, given the special situation of the Arctic zone of the Russian Federation, in addition to the base Federal law“About biological safety” required a specific law on biological and ecological safety of the Arctic zone of the Russian Federation, which should be generated on a slightly different model than the draft Federal law «On biological safety”, to wear the most specific, applied nature.

THE CONTROL FOR THE ACTIVITIES OF RELIGIOUS ORGANIZATIONS IN THE RUSSIAN FEDERATION

2020 ◽  
Author(s):  
Natal'ya Mihaylenko ◽  
Elena Bondar'
Keyword(s):  
Russian Federation ◽  
Religious Organizations ◽  
Federal Law ◽  
Freedom Of Conscience ◽  
Religious Associations ◽  
The Russian Federation

This article analyzes the concept of control over the activities of religious organizations. The authors focus on certain provisions of the Federal Law “On Freedom of Conscience and on Religious Associations”, for example, one of which contains the following subject of control — the conformity of the activities of religious associations with their statutory goals.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Determining the Ownership of a Land Plot to the Category of Forest Lands

2020 ◽  
Vol 8 ◽  
pp. 105-109
Author(s):  
N. D. Vershilo ◽  
◽  
T. A. Vershilo ◽  
Keyword(s):  
Russian Federation ◽  
Federal Law ◽  
Land Plot ◽  
The Russian Federation ◽  
Forest Lands

The article analyzes the Federal law of 29.07.2017 No. 280-FZ «On amendments to certain legislative acts of the Russian Federation». In order to eliminate contradictions, the problematic issues of determining the ownership of a land plot to the lands of the forest Fund are considered.

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