scholarly journals Modern system of sources of financial law in Russia

2021 ◽  
Vol 17 (2) ◽  
pp. 42-52
Author(s):  
S. G. Eremin

Introduction: the article deals with the modern system of sources of financial law in Russia. This article proves that the system of sources of financial law is a complex, multi-level, hierarchical and dynamic formation characterized by a variety and specific diversity of elements, which is not arbitrary or random.Materials and methods. The methodological basis for this research is a set of methods of scientific knowledge: the analytical method, the method of synthesis and generalization of information. The study of this problem is based on the use of various methods of general scientific and special legal nature: dogmatic analysis, interpretation of legal norms, detailed study of the features of financial and legal documents, logical method, etc.Results. The analysis showed that the development of sources of financial law in Russia at the present stage is characterized by the presence of a three-level system: federal, regional and municipal levels, and the hierarchical sequence and their interaction is determined by the Constitution of the Russian Federation. The system of sources of financial law in Russia consists of: The Constitution of the Russian Federation, international treaties and international legal norms, federal constitutional laws, federal laws, decrees of the President of the Russian Federation, orders of the Government of the Russian Federation, laws of the entities of the Russian Federation, decisions of local self-government bodies and other normative legal acts.Discussion and conclusion. As a result of the conducted research, it can be concluded that in order to systematize and logically complete the organization of the modern system of sources of financial law in Russia, it is necessary to adopt a single codified act regulating financial relations at various levels of the legal hierarchy.

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.


Author(s):  
Svetlana Lipina ◽  
Natalya Sorokina ◽  
Lyubov Belyaevskaya-Plotnik ◽  
Lina Bocharova

The assessment of strategic planning documents at various levels of the system of state and municipal governance should allow not only to track the degree of achievement of planned results and the type of development of allocated resources but also to contribute to a fuller and completer understanding of the essence of processes and changes in the social and economic system of the territory (country, region, municipality). The methodological approach to the development of the system of indicators of government programs of a Russian region in relation with the indices from strategic documents of federal and regional levels is suggested. It is proved that the methodology of development of target indices of strategic papers of a region of the Russian Federation must be founded on a continuous system of coefficients and indices of strategic papers of various governance levels for the increase of assessment efficiency and obtaining the possibility of using the results for the assessment of their impact on the achievement of the goals set. Based on the analysis of the content of the federal legal documents (Order of the Ministry of Economic Development of the Russian Federation of September 16, 2016 No. 582 and Decree of the Government of the Russian Federation of August 2, 2010 No. 588), the main requirements for the indices (coefficients) for strategic papers of the regional level are specified. The specific measures and practical recommendations on the development of common approaches to the system of indices (coefficients) of government programs of regions of the Russian Federation in relation with indices (coefficients) of federal government programs and the indices (coefficients) developed by other regions are suggested.


2020 ◽  
Vol 1 ◽  
pp. 5-15
Author(s):  
V. V. Ershov ◽  
◽  
E. A. Ershova ◽  

The article researches theoretical and practical problems of federal legal acts containing principles and norms of labour law: Constitution of the Russian Federation, federal constitutional laws, federal laws, legal decrees of the President of the Russian Federation, legal decrees of the Government of the Russian Federation and legal acts of other federal bodies of state power.


2020 ◽  
Vol 9 ◽  
pp. 49-62
Author(s):  
Viсtor Nitsevich

The article is devoted to a little-studied side of authority, in particular the authorities of the President of Russia. Exploring the constitutional scope of power, we can say that the President of Russia has a sufficiently large amount of power, backed up by the legal provisions of the Constitution. However, in practice, it has turned out that not only their influence but the power of the President has a wider scope. First of all, the article notes the subjective grounds and mechanisms of power over the chairman of the government and the terms of his appointment. In this case, the key role is played by the political party United Russia, which was created by the President, although the President is outside the party system of Russia. A substantial expansion of the power of the President occurred as a result of the creation of federal districts and the formation of an institution of plenipotentiaries. The rationale is given that the change of legal norms for the election of governors, where the President plays the main role in nominating candidacy, and the procedure for registering them is entirely determined by the United Russia political party under his control, ultimately expanded the scope of authority of the President. In disclosing the subjective grounds for expanding the power of the President of the Russian Federation, so-called “approvals” of candidacy for various senior positions of state and municipal service, as well as of the security and control bodies play a part. The rating of the President was a massive subjective basis that allowed him to expand the scope of his power. The study of public confidence in the President allowed one to see the dependence of the expansion of his power on the level of his support by citizens of the Russian Federation.


2021 ◽  
Vol 3 (3) ◽  
pp. 16-44
Author(s):  
Gennady Shepelev

The analysis of legal documents in the field of science is carried out. The main areas of analysis include the following blocks: the subject of the scientific sector; the main participants in the process of production and consumption of scientific knowledge, their market and non-market relations; the management system of the scientific sector, including provision of the resources to the scientific sector. The analysis of the existing documents (laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, orders of ministries, etc.) was carried out for each of the selected blocks. The influence of the legal documents on the solution of certain issues of the organization of scientific activity is analyzed, and possible directions for improvement regulatory legal acts to optimize the functioning of the scientific sector are proposed.


Author(s):  
O V. Glikman

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.


2020 ◽  
Vol 10 (3) ◽  
pp. 128-132
Author(s):  
MIKHAIL KOLTSOV ◽  
◽  
ELENA POPOVA

This article examines the existing problems that arise in the case of applying the provisions of the current version of article 245 of the criminal code of the Russian Federation. Based on the analysis of the theory and judicial practice of this sphere of public relations, the authors reveal the conditions for criminal responsibility for the criminal offense provided for in this article. In addition, the article contains comparative characteristics of Russian and foreign legislation in terms of liability for cruelty to animals. The following methods were used in the article: logical method of cognition, comparative legal method of research, as well as formal legal method, which allowed to reveal the essence and signs of cruelty to animals, the method of interpretation of legal norms. The use of these methods allowed us to understand the institutions of criminal law and determine the main directions of development. The authors suggest possible ways to solve problems that arise in the process of proving the fact of criminal infringement under article 245 of the criminal code of the Russian Federation, and reveal ways to eliminate gaps in legislation.


Author(s):  
B.N. Balyberdin ◽  
L.Ya. Yushkova ◽  
Yu.I. Smolyaninov ◽  
I.V. Meltsov ◽  
N.A. Donchenko ◽  
...  

This article lists regulatory and legal documents regulating paid veterinary services Governmental, regional. Recommended list of paid and free veterinary services. The objects of state veterinary supervision, methods and techniques are listed. An analysis of extrabudgetary revenues from the provision of paid veterinary services by specialists of the Irkutsk region based on the results of the activities of 15 regional state budget institutions is presented. The analysis shows that 35.5% of the provision of paid veterinary services was for personnel. Table 2 shows the use of extrabudgetary revenues of state veterinary institutions of the Irkutsk region from the provision of paid veterinary services. An analysis of the financial activities of animal disease control stations in the Irkutsk region shows that 56.3% of extrabudgetary funding is due to the provision of paid veterinary services. Due to special climatic conditions, it is planned to increase the cost of paid veterinary services by 50% for cities and areas equated to the regions of the Far North. The cost of services provided at night, increased by 50%. The list of prices is supplemented and expanded by types of services not taken into account in previously valid price lists. The price list is revised with the introduction of VAT in the amount of 20%. The Ministry of Agriculture of the Russian Federation, in agreement with the Ministry of Economy and Finance of the Russian Federation on January 28, 1992, approved a list of paid and free veterinary services. The free veterinary services performed at the expense of the budget (vaccination, diagnosis, treatment) include events for especially dangerous diseases of animals, birds, fish. The provision of paid veterinary services is regulated by the Rules for the provision of paid veterinary services, approved by Decree of the Government of Russia dated August 06, 1998 No. 898. Paid veterinary services are provided to productive and unproductive animals in farms and enterprises, regardless of subordination and forms of ownership. In total, prices have been developed for 2186 different types of paid veterinary services.


Author(s):  
Egor Krivosheev

This article discusses the questions of application of international treaties concluded on behalf of the Russian Federation, the Government of the Russian Federation, federal executive branches, or authorized organizations. The subject of this research is the constitutional norms of the Russian Federation and other normative legal acts that regulate the procedure for concluding, executing and terminating the international treaties of the Russian Federation, legal provisions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, as well as scientific works on the topic. Special attention is given to the analysis of the constitutional principle that the international treaties of the Russian Federation are part of the legal system of the country. The author reveals the gaps in the current legislation of the Russian Federation specifying the constitutional provisions on the conditions for application of international treaties in the Russian Federation. It is established that the 2020 constitutional reform has improved the mechanism for protecting state sovereignty, and led to formulation of the constitutional-legal condition for application of the decisions of intergovernmental bodies adopted based on the provisions of international treaties of the Russian Federation. The article makes recommendations for the improvement of constitutional-legal regulation of application of international treaties of the Russian Federation. The conclusion is drawn on the existence of mandatory (compliance of the international treaty with the Constitution of the Russian Federation, its formalization, enactment, and consent to its universal binding), as well as optional (publication of domestic acts for application of the international treaty) constitutional-legal conditions for application of international treaties of the Russian Federation.


Author(s):  
Nadezhda N. Tarusina

The article analyzes the 2020 constitutional amendments on constitutional justice. Among them are provisions on the formation of the composition of the Constitutional Court of the Russian Federation, expanding its powers in terms of checking the compliance of the Constitution of the Russian Federation with draft laws, clarifying the competence on the issue of the possibility of executing decisions of interstate bodies (primarily the European Court of Human Rights), adjusting the institution of dissent judges of the Constitutional Court of the Russian Federation. Positive and critical considerations regarding the above constitutional amendments and the corresponding amendments to the federal constitutional law “On the Constitutional Court of the Russian Federation. In particular, concerns are expressed about ensuring the proper degree of democracy in the formation of the Court, guaranteeing its independence in cases where the provisions of a particular draft law have been previously assessed by him as complying with the norms of the Constitution of the Russian Federation, and subsequently he will have to consider complaints about the constitutionality of the same legal norms, the validity of the refusal of the public character of the dissenting opinion of the judges of the Constitutional Court of the Russian Federation.


Sign in / Sign up

Export Citation Format

Share Document