scholarly journals On some Problems of Legal Regulation of the Operation of Pit Bikes on Public Roads

2020 ◽  
pp. 72-75
Author(s):  
Andrey Alexandrovich Gaidukov ◽  
Alexandr Ivanovich Shcheglov
Keyword(s):  
Basic Principle ◽  
Road Safety ◽  
Legal Regulation ◽  
Maximum Power ◽  
Combus Tion ◽  
Administrative Legislation ◽  
New Type ◽  
State Registration ◽  
Administrative Responsibility

The paper raises the problem of normative legal reg-ulation of the operation of a new type of vehicles, such as pit bikes. The authors point out the need to improve administrative legislation related to the recognition of a pit bike as a vehicle subject to man-datory state registration. Taking into account the technical characteristics of the pit bike, the authors propose to classify this vehicle into the following categories: M – mopeds; A – motorcycles or subcat-egories A1 – motorcycles with an internal combus-tion engine displacement not exceeding 125 cubic centimeters and a maximum power not exceeding 11 kilowatts. In order to implement the basic principle of road safety, associated with the priority of the life and health of citizens, it is proposed to introduce administrative responsibility for the operation of pit bikes on public roads, including those without a special right, in a state of intoxication and by under-age citizens under the age of 16 years.

scholarly journals Continuation of discussion on administrative responsibility of trustee in bankruptcy in light of preparation of the project of new Code of Administrative Offences of the Russian Federation

2020 ◽  
pp. 1-18
Author(s):  
Andrey Vinnitskiy
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
State Control ◽  
Legal Doctrine ◽  
Administrative Practice ◽  
The Russian Federation ◽  
State Registration ◽  
The Right ◽  
Extended Interpretation ◽  
Administrative Responsibility

The subject of this research revolves the around the normative precepts pertaining to administrative responsibility of bankruptcy trustees (Part 2 and 3.1 of the Article 14.13 of the Code of Administrative Offences of the Russian Federation) in their systemic relation with other articles of the Code, regulatory norms of legislation on bankruptcy, as well as relevant provision of the legal doctrine. The author studies, generalizes and critically analyzes the vast case law of arbitration courts on the most important issues of administrative responsibility of bankruptcy trustees. The work employs the administrative practice of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr). The conducted research allows making the following conclusions pertaining to administrative responsibility of bankruptcy trustees: 1) need for introduction of the concept of abuse of the right to initiate administrative prosecution of trustees; 2) impermissibility of the circumvention by the Rosreests authorities of the legislation on state control through the institution of administrative prosecution; 3) impermissibility of the frequently used extended interpretation of the Part 2 and 3.1 of the Article 14.13 of the Code of Administrative Offences of the Russian Federation; 4) reasonableness of clarification of the element of redundancy pertaining to the Part 3 .1 of the Article 14.13 of the Code of Administrative Offences of the Russian Federation; 5) fundamental impermissibility of the “mitigating requalification” of the act from the Part 3.1 to the Part 3 of the Article 14.13 of the Code of Administrative Offences of the Russian Federation. The conclusions are extrapolated to adjoining elements of administrative violations.  The author proposes consideration of the discovered general flaws of legal regulation in the context of work being conducted on preparation of the project of new Code of Administrative Offences of the Russian Federation.

Ensuring the rights of refugees in case of bringing administrative responsibility as a guarantee of realization of their legal status in Ukraine

2021 ◽  
pp. 56-62
Author(s):  
Valeriia Golub
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
The State ◽  
Main Body ◽  
Legal Norms ◽  
State Institutions ◽  
Legal Documents ◽  
Administrative Legislation ◽  
Political Persecution ◽  
Administrative Responsibility

Problem setting. One of the important factors that play a key role in the observance of human rights and freedoms, including such categories of foreign citizens and stateless persons as refugees in case of administrative prosecution - is the functioning of state institutions to guarantee these rights, the use of all. The decisive place in this problem belongs to the activities of the state of Ukraine, which in connection with the formation of social relations related to the stay of refugees on its territory, protection of this category of persons from political persecution , should ensure the adoption of relevant legal acts aimed primarily at the protection of rights and freedoms. administrative penalty. As a result, there are real risks of violating the rights and freedoms of the person to whom these penalties apply. Analysis of recent researches and publications. Problems of protection of rights and freedoms of refugees in case of bringing them to administrative responsibility were devoted to the work of such scientists as: V. Averyanov, O. Bandurka, O. Bezpalova, Yu. Bityak, O. Dzhafarova, A. Komzyuk, V. Komzyuk, D. Lukyanets, O. Muzychuk, D. Priymachenko, O.S. Pronevich ect. The purpose of the article is to investigate and analyze the importance of ensuring the rights of refugees in case of bringing them to administrative responsibility, to consider this issue as one of the guarantees of legal status of refugees in Ukraine. Article’s main body. The article considers the issue of observance of the rights and freedoms of this category of foreign citizens and stateless persons as refugees in case of committing offenses and bringing them to administrative responsibility. The issue of ensuring both international legal acts approved by the Verkhovna Rada of Ukraine and legal documents on behalf of the state of Ukraine gives grounds to believe that in case of involvement of this category of persons (if they are in Ukraine legally) to administrative responsibility, they have the same rights as citizens of Ukraine. Conclusions. The peculiarities of the relevant provisions of the administrative legislation of Ukraine on the peculiarities of bringing foreign citizens and stateless persons, including refugees to administrative responsibility, are analyzed. The significance of the ratio of observance of the rights and freedoms of refugees in case of bringing to administrative responsibility and necessity of non-alternative fulfillment of requirements of legal norms of the current administrative legislation of Ukraine is determined.

scholarly journals Administrative Responsibility in the Field of Road Safety: Current Trends and Prospects

2019 ◽  
Vol 16 (4) ◽  
pp. 563-567
Author(s):  
Vladimir I. Maiorov ◽  
◽  
Oleg I. Beketov ◽  
Keyword(s):  
Road Safety ◽  
Current Trends ◽  
Administrative Responsibility

scholarly journals THE FOREIGN EXPERIENCE OF IMPROVEMENT OF NATIONAL LEGISLATION IN THE FIELD OF ELECTRONIC REGULATION STATE REGISTERS

2019 ◽  
pp. 47-50
Author(s):  
O. O. Bernaziuk
Keyword(s):  
Electronic State ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Unified Approach ◽  
Telecommunication System ◽  
National Legislation ◽  
Foreign Experience ◽  
Legal Principle ◽  
Characteristic Features ◽  
State Registration

The article is devoted to the study of foreign experience of improving national legislation in the field of regulation of the organization of electronic state registers. The author analyzed scientific conceptual approaches to defining the concept of state registration, on the basis of which a number of characteristic features of state registration were distinguished. Based on the scientific and legal analysis, it is concluded that the objects of state registration may include, in particular: information about natural and legal persons, things (movable and immovable), property and other rights (property rights, leases, easements, etc.), documents (regulations, court decisions, statutes, etc.), legal facts (birth, death, acquisition or loss of citizenship, formation, reorganization, liquidation of a legal entity, public association, commencement or termination of a pre-trial investigation, enforcement On proceedings, etc.). The author analyzes foreign experience of countries such as Georgia, Germany, Sweden in the field of legal relations arising in the sphere of state registration and organization of electronic state registers. Based on the analysis, it is concluded that one of the significant shortcomings of national legislation in the field of legal relations arising in the field of state registration is the lack of a single legislative approach to the formation of the list of information about the object of state registration. In order to improve the legal regulation of state registers, including in the light of foreign experience in this field, the author has developed the following proposals, in particular, to introduce a unified approach to: defining the concept of “state registry” (as an information and telecommunication system), “state registration” (as a type of state activity); the procedure of keeping state registers, if their holder is one body; Introduce the legal principle of determining the amount of information about a state registration object, in particular: extending the information contained in public registers and minimizing information in non-public registers.

scholarly journals OBJECT OF TAXATION UNDER DIGITALIZATION

2020 ◽  
Vol 24 (3) ◽  
pp. 695-716
Author(s):  
Olga I. Lyutova
Keyword(s):  
Information Technologies ◽  
Legal Regulation ◽  
Electronic Money ◽  
Digital Products ◽  
International Regulation ◽  
Tax Legislation ◽  
Content Change ◽  
Digital Certificates ◽  
New Type ◽  
Classical Triad

The article investigates the problem of content change of the concept object of taxation in the Russian tax law on the path to digital economy. The purpose of the article is to analyze the provisions of the Russian tax legislation, international norms, as well as academic literature devoted to identification of certain new goods and phenomena as possible objects of taxation, thus updating the concept of the object of taxation itself. The development of information technologies generates the following unavoidable problems related to the object of taxation concept content, which allows reviving the discussion about the content of this tax and legal category: the impossibility to assess implementation operations as potential tax objects with the help of the classical triad product, work, service; recognition in certain situations (for example, in case of electronic money payment) as the object of taxation is not one, but a set of legal facts (cause of action); the need to establish the object of taxation through the so-called tax relationship between the object and the subject of taxation. In connection with the first problem, the author proposes to unambiguously define in the Tax Code the legal nature of transactions with digital products for tax purposes, treating them as a new type of service. The conclusion is based on the experience of international regulation and suggests supplementing the provisions of the Tax Code in terms of legal regulation of the concept taxation object as well as VAT taxation. The re-search of the second problem leads to the conclusion that it is necessary to clarify the rules of the Tax Code when the counterparties carry out taxable transactions, whose settlements are made with electronic money. In this situation, the object of taxation is not single, but suggests several legal facts-actions of the potential tax-payer. On the third problem the author raises the issues of identification of the taxpayer in case of certifying the taxable transaction by the digital signature analogue. Taking into account international experience, as well as national civil law regulations, it is considered necessary to include provisions on digital certificates and digital signatures in tax legislation.

FEATURES OF THEACTIVITIES OF THE ROAD SAFETY SERVICE ON THE CONSIDERATION OF APPLICATIONS FROM INDIVIDUALS AND LEGAL ENTITIES

2021 ◽  
Vol 6 (2) ◽  
pp. 34-41
Author(s):  
Humoyun Jamoldinov ◽  
Keyword(s):  
Road Safety ◽  
The State ◽  
The Road ◽  
The People ◽  
Traffic Rules ◽  
Administrative Responsibility ◽  
Legal Entities

The article discusses the reforms carried out by the road police in the country, the peculiarities of considering appeals of individuals and legal entities to the road safety service, the main tasks of the state road police, the Code of Administrative Responsibility. There are also proposals based on the current traffic rules, based on civil and criminal laws. Itwas concluded that the proposals served the interests of the people

Design and Damping Force Analysis for Turbine Composite Regenerative Damper

2012 ◽  
Vol 446-449 ◽  
pp. 1360-1365
Author(s):  
Yong Qiang Gao ◽  
Jin Qiu Zhang ◽  
Jie Yue ◽  
Zhi Zhao Peng
Keyword(s):  
Basic Principle ◽  
Electromotive Force ◽  
Load Resistance ◽  
Force Analysis ◽  
Damping Force ◽  
Piston Velocity ◽  
Axial Turbine ◽  
New Type ◽  
The Relationship

Turbine composite regenerative damper is one of new type damper which can regenerate the energy of vibration. The component and principle of generator and regenerate energy for turbine composite regenerative damper is introduce, and based on hydrodynamics and axial turbine basic principle, the relationship between induced electromotive force and piston velocity ,load resistance is induced. At last, the relationship between damping force and piston velocity, load resistance is induced too. The method is meaningful to understand and instruct the design of turbine composite regenerative damper.

Problems of Debt Collection Legal Regulation

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Марина Белобабченко ◽  
Marina Belobabchenko
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Federal Law ◽  
Consumer Loans ◽  
Primary Activity ◽  
Legitimate Interests ◽  
The Subject ◽  
Debt Collection ◽  
State Registration

The subject of this article is the regulations adopted on 21 June 2016 State Duma of the Russian Federation and entered into force on 3 July 2016 the Federal law No. 230-FZ “On Protection of Rights and Legitimate Interests of Individuals with the Implementation of Overdue Debts and on Amendments to the Federal Law “On Microfinance Performance and Microfinance Organizations”. The author analyzes the effectiveness of the existing regulatory framework governing the activities of organizations to collect overdue debts of individuals. It should be stated that the existing rules do not ensure protection of the rights and interests of individuals in arrears on consumer loans from illegal actions of collectors and at the same time do not regulate the legal framework within which collectors must perform. The current regulatory framework does not provide the balance of the interests of debtors and collection agencies. All these led to the need for a special law to regulate the activities of collection agencies. The adopted Law sets the mandatory state registration of organizations whose primary activity is the collection of debts. It defines the requirements both to the organization (in terms of charter capital and the order of formation) and to its employees when they undertake activities on debt collection. The law has a number of controversial provisions, which are considered by the author of the article; however, in whole a positive evaluation is given.

Technique to Produce Segment-Color Yarn with Ring Frame

2011 ◽  
Vol 332-334 ◽  
pp. 72-76
Author(s):  
Jun Lian ◽  
Bo Jun Xu ◽  
Chun Ping Xie
Keyword(s):  
Basic Principle ◽  
Main Parameter ◽  
Computer Numerical Control ◽  
Numerical Control ◽  
High Quality ◽  
Ring Frame ◽  
New Type

segment-color yarn is a new type yarn. It can be spin by ring frame with computer numerical control. The basic principle of spinning segment-color yarn was developed in this paper. The main parameter of segment-color yarn were discussed. This can help produce high quality segment-color yarn.

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