Restoring the financial health of debtors: Changing approaches in the legislation

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Health ◽  
Regulatory Enforcement ◽  
The Past ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Financial Recovery

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.

scholarly journals Recovering financial sustainability of debtors: present-day legislative development trends

2021 ◽  
Vol 118 ◽  
pp. 04008
Author(s):  
Andrey Leonidovich Belousov ◽  
Vandan-Ish Amarsanaa
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
The Past ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
Business Entities ◽  
Market Relations ◽  
Significant Support ◽  
Comprehensive Study

The purpose of the research is to study the problems rooted in the development of relations in the sphere of bankruptcy in the Russian Federation, connected with the inefficiency of procedures aimed at financial rehabilitation of business entities, as well as to identify the main directions for further changes in the legal regulation of this area. The methodological basis was based on the application of such research methods as logical and structural analysis, systemic-functional approach, formal legalistic method. The research resulted in the disclosure of substance, features and legal regulation of such an important mechanism of market relations as a bankruptcy. As part of the research, the authors present the evaluation of law enforcement practice based on the norms of the current legislation on insolvency. A particular result of its regulatory impact is cumulatively assessed. The key problems of the law enforcement practice that has been formed within the past 20 years, as concerns the sphere of insolvency of business entities, have been formulated. The further directions of changes in legal regulation with regard to the relations in the sphere of bankruptcy in the Russian Federation have been outlined. It was concluded that, in the current situation, a change of approaches to the current bankruptcy system in favour of extending the use of rehabilitation procedures can provide significant support to businesses facing a difficult financial situation. The novelty of the research lies in a comprehensive study of the problems connected with the inefficiency of rehabilitation procedures, and in the formulation of concrete proposals for improving the legal environment in the sphere of bankruptcy.

scholarly journals Maintenance of unity and territorial integrity of Russia: some constitutional legal problems

2018 ◽  
Vol 2 (1) ◽  
pp. 91-103
Author(s):  
Svyatoslav V. Ivanov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Territorial Integrity ◽  
Legal Method ◽  
The People ◽  
Legal Space ◽  
The Russian Federation ◽  
State Registration

The subject. The article is devoted to the analysis of public authorities’ activities in order to strengthen unity of domestic legal space and the people of Russia with regard to constitutional legal support of the state unity and territorial integrity of the Russian Federation.The purpose of the article is to make a critical analysis of implementing a system that consists of constitutional legal rules and procedures of regulatory impact on the unity of domestic legal space and the people of Russia with the aim of increasing the effectiveness of their implementation.The methodological basis of the study includes general-scientific methods (analysis and syn-thesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal acts).Results, scope. Consistent constitutional legal support of the state unity and territorial integrity of the Russian Federation requires elimination of defects and gaps in legal regulation and improvement of law enforcement practice. In particular, it is necessary to eliminate the practice of denial of a state registration of political parties on insignificant formal grounds in order to implement guarantees of the unity of the people of Russia.Conclusions. The consistent strengthening of the unity of domestic legal space and the people of the Russian Federation is of paramount importance to the constitutional and legal support of its state unity and territorial integrity. It is necessary to eliminate a number of legal defects and to make law enforcement practice more effective in order to implement these constitutional values.

scholarly journals Jurisdiction over claims made against public-legal institutions

2020 ◽  
pp. 1-8
Author(s):  
Nikolay Basmanov ◽  
Andrei Vladimirovich Ilin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Practical Importance ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Legal Method ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Subject ◽  
The Russian Federation

This article discusses the question of territorial jurisdiction over claims made against public-legal institutions (Russian Federation, constituent entities of the Russian Federation, municipal formations). The subject of this research is the current procedural norms regulating the questions of jurisdiction, and the established law enforcement practice. Attention is turned to the existence of gaps in legal regulation of the question of jurisdiction over claims made against public-legal institutions in the Civil Procedure Code of the Russian Federation and Arbitration Procedure Code of the Russian Federation. The authors analyze the established approaches in law enforcement practice towards solution of the aforementioned problem. Methodological framework includes the comparative-legal method and such formal-logical methods, as analysis, synthesis and induction. The relevance and practical importance are substantiated by the subject of research – the law enforcement practice formed by the Russian judicial authorities over the recent years. The conclusion is made on the need for elimination of the existing gap in the normative-legal regulation by amending the current procedural legislation.

scholarly journals Legal regulation of property insurance and law enforcement problems

2021 ◽  
Vol 108 ◽  
pp. 01012
Author(s):  
Natalia Olegovna Kurchinskaya-Grasso ◽  
Elena Petrovna Goryacheva ◽  
Igor Viktorovich Popov ◽  
Anastasia Viktorovna Abramova ◽  
Viacheslav Aleksandrovich Pechkurov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Liability Insurance ◽  
Legal Rights ◽  
Property Insurance ◽  
Legal Method ◽  
The Russian Federation ◽  
Risk Insurance

In the context of modern economic and legal reality, property insurance plays an important role in civil-law relations. For the present, Russian citizens, individual entrepreneurs and commercial entities witness an increasing need for a firm guarantee of protection of property interests linked with performing different types of activities and as well with maintaining a certain standard of living. Analysis of legislation in force reveals some gaps in the legal regulation of insurance institutions as a whole as well as a property insurance contract in particular, that conditions much judicial conflict and occurrence of errors in law enforcement that impact negatively on the protection of legal rights and interests of insurance relations participants. Legal research of law in force, theoretical understanding and relevant judicial practice in the matters of property insurance regulation along with possible identification of existing problems and formulation of proposals on legislation improvement. The methodological base for the present research is represented by a set of general scientific and specific scientific methods of research activities, including a historical method, a method of formal logic, a method of system analysis, a research method, a comparative legal method, a statistical method, a functional-structural method, methods of analysis and synthesis, a method of specification and as well an empirical and theoretical method, i.e. analogy, deduction. The authors suppose that provisions of Chapter 48 of the Civil Code of the Russian Federation must be completed with a separate norm on financial risk insurance as it is the case with property insurance, third-party liability insurance (damage liability insurance, contractual liability insurance) and entrepreneurial risk insurance in parallel with pointing out an object of insurance and cases when the conclusion of the mentioned contract is required. The authors prove the necessity to qualify the reinsurance contract as the property contract in line with other types thereof named in Article 929 of the Civil Code of the Russian Federation.

PARTY AND INDEPENDENT-INDIVIDUAL REPRESENTATION IN THE MECHANISM OF ENSURING THE DEMOCRATIC MANDATE OF THE POPULAR TRUST IN A CONSTITUTIONAL STATE

2020 ◽  
Vol 6 (4) ◽  
pp. 248-264
Author(s):  
Alla N. Gutorova
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Party System ◽  
Political Competition ◽  
Legal Regulation ◽  
The Past ◽  
Legal Method ◽  
National Representation ◽  
The Russian Federation ◽  
Independent Individual

The party system in contemporary Russia has a number of features that should be taken into account in the course of the legal research and search for the optimal correlation of party and independent (individual) representation in the constitutional mechanism of the popular trust mandate. In our opinion, it is the features of the Russian party system at the present stage of its historical development, not multiparty as such, that determine the main vector of constitutional-legal regulation of these public relations and the relevant assessment of this phenomenon in Russian legal science. The research methodology is based on a comparative legal method that allowed the comparison of party and independent representation in the popular representation system. The use of the historical and legal method is determined by the need to identify the features of the development of the party system in modern Russia through the prism of historical facts. The forecasting method has allowed determining the prospects of further development of the Russian political system. The constitutional system of the Russian Federation over the past decades has demonstrated a very decisive rejection of the one-party ideological system and the transition to the nascent but steadily developing multiparty system. As the real multiparty system and political competition become stronger, the individual-independent form of popular representation will give way to the party mandate of popular trust until the institution of “independent” single-member deputies becomes a thing of the past, not only in the State Duma, but also in the legislative (representative) bodies of the constituent entities of the Russian Federation. “Independent-individual” national representation is more preferably for the local government, that is non-partisan national representation (in the general federal sense). By its constitutional and legal nature, the municipal popular representation is “independent and individual” in relation to political parties.

scholarly journals The Mechanism of Recognition and Withdrawal of Unregistered Medical Devices from Circulation

2021 ◽  
Vol 16 (7) ◽  
pp. 52-65
Author(s):  
A. G. Bondarenko ◽  
A. A. Chimbireva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Medical Devices ◽  
Legal Regulation ◽  
Judicial Control ◽  
Response Measures ◽  
The Russian Federation ◽  
Business Entities ◽  
Mechanism Of Recognition ◽  
Legal Consequences

The paper is devoted to the study of issues related to the powers of Roszdravnadzor to identify unregistered medical devices in circulation and to take response measures to limit their further sale and use by business entities. The authors analyze the features of the implementation of these powers of Roszdravnadzor and the problems arising in law enforcement practice. An analysis of the current Russian legislation leads the authors of the article to the conclusion that the legal regulation of the powers of Roszdravnadzor to recognize the products as unregistered and to make administrative decisions to restrict their circulation on the territory of the Russian Federation is insufficient and contradictory. The lack of proper legal regulation in this area entails negative legal consequences for participants in civil turnover. On the basis of the study, the authors formulates specific proposals for improving the legal regulation of the recognition and withdrawal from circulation of unregistered medical devices using mechanisms of preliminary and subsequent administrative (extrajudicial) and judicial control.

scholarly journals Russian Law Enforcement Intelligence-Gathering Legislation: Problems and Ways to Address Them, Taking into Account the Experience of Some CIS Countries

2021 ◽  
Vol 15 (1) ◽  
pp. 194-201
Author(s):  
Aleksei V. Agarkov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Penal System ◽  
Dialectical Logic ◽  
Intelligence Gathering ◽  
Theory Of Intelligence ◽  
Legal Method ◽  
The Russian Federation ◽  
Cis Countries

Introduction: law enforcement practice and scientific research in the field of the theory of intelligence-gathering activities prove that current Russian intelligence-gathering legislation contains quite a few legal gaps and contradictions. The article provides a scientific analysis of a number of problematic issues concerning legal regulation of intelligence-gathering activities conducted in the Russian Federation, with an emphasis on the functioning of operational units of the penal system of the Russian Federation. Aim: to work out proposals to improve national intelligence-gathering legislation by reviewing intelligence-gathering legislation of CIS countries, analyzing the works of scientists on the theory of intelligence-gathering activities and regulatory framework for the work of operational units. Methods: comparative legal method, theoretical methods of formal and dialectical logic, specific scientific methods: legal-dogmatic method, interpretation of legal norms. Results: the article considers the inconsistency between the purpose of intelligence-gathering activities enacted in law and both the law enforcement practice and its legally defined tasks, the absence of a number of significant tasks, as well as the grounds for conducting intelligence-gathering activities by operational units of the penal system, the lack of legal regulation of the content of intelligence-gathering activities and their procedure. To prove the existence of these shortcomings, we analyze the most common intelligence-gathering measures such as questioning and inquiries. Having studied intelligence-gathering laws of several CIS countries we found some norms regulating intelligence-gathering activities in the penitentiary system, the use of which, in our opinion, is possible in Russian context. Based on this, we make proposals to improve legal regulation of intelligence-gathering activities, in particular, by disclosing the concept of each intelligence-gathering activity in the norms of intelligence-gathering law. Conclusions: the article develops and substantiates proposals for improving Russia’s intelligence-gathering law and concludes that it is necessary to transform fundamentally the legislative regulation of intelligence-gathering activities in Russia by adopting the appropriate code. Key words: intelligence-gathering activities; intelligence-gathering measures; shortcomings; problems; intelligence-gathering law; theory of intelligence-gathering activities; intelligence-gathering code.

Russian Law Enforcement Intelligence-Gathering Legislation: Problems and Ways to Address Them, Taking into Account the Experience of Some CIS Countries

2021 ◽  
Vol 15 (1) ◽  
pp. 194-201
Author(s):  
ALEKSEI V. AGARKOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Penal System ◽  
Dialectical Logic ◽  
Intelligence Gathering ◽  
Theory Of Intelligence ◽  
Legal Method ◽  
The Russian Federation ◽  
Cis Countries

Introduction: law enforcement practice and scientific research in the field of the theory of intelligence-gathering activities prove that current Russian intelligencegathering legislation contains quite a few legal gaps and contradictions. The article provides a scientific analysis of a number of problematic issues concerning legal regulation of intelligence-gathering activities conducted in the Russian Federation, with an emphasis on the functioning of operational units of the penal system of the Russian Federation. Aim:to work out proposals to improve national intelligence-gathering legislation by reviewingintelligence-gathering legislation of CIS countries, analyzing the works of scientists on the theory of intelligence-gathering activities and regulatory framework for the work of operational units. Methods: comparative legal method, theoretical methods of formal and dialectical logic, specific scientific methods: legal-dogmatic method, interpretation of legal norms. Results: the article considers the inconsistency between the purpose of intelligence-gathering activities enacted in law and both the law enforcement practice and its legally defined tasks, the absence of a number of significant tasks, as well as the grounds for conducting intelligence-gathering activities by operational units of the penal system, the lack of legal regulation of the content of intelligence-gathering activities and their procedure. To prove the existence of these shortcomings, we analyze the most common intelligence-gathering measures such as questioning and inquiries. Having studied intelligence-gathering laws of several CIS countries we found some norms regulating intelligence-gathering activities in the penitentiary system, the use of which, in our opinion, is possible in Russian context. Based on this, we make proposals to improve legal regulation of intelligence-gathering activities, in particular, by disclosing the concept of each intelligence-gathering activity in the norms of intelligence-gathering law. Conclusions: the article develops and substantiates proposals for improving Russia’sintelligence-gathering law and concludes that it is necessary to transform fundamentally the legislative regulation of intelligence-gathering activities in Russia by adopting the appropriate code. Keywords: intelligence-gathering activities; intelligence-gathering measures; shortcomings; problems; intelligence-gathering law; theory of intelligence-gathering activities; intelligence-gathering code.

scholarly journals Commercial Credit in the Activities of Business Entities: Features of Legal Regulation in the Russian Federation

2019 ◽  
Vol 62 ◽  
pp. 10002
Author(s):  
S.V. Startseva ◽  
N.V. Deltsova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Financial Resources ◽  
Credit Institution ◽  
Economic Entity ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Relationship Of ◽  
The Relationship

The activity of any economic entity, both in the Russian Federation and in any other country, needs free financial resources. They are used for entrepreneurial activities, as ultimately the purpose of such activity is to make profit. Money can be obtained under a loan agreement in a credit institution. Generally obtaining a loan from a credit institution is associated with increased costs (high bank interest and bank charges), the need to provide security and the length of the procedure for obtaining a loan. Commercial loan, however, is deprived of these shortcomings. Commercial credit is provided by economic entities to each other in the process of doing business, and it allows you to get free financial resources, both in the short and in the long business term. Economists believe that in the means of the increase of working capital a commercial loan is second in importance after banking one. Commercial loans are widespread both in the Russian Federation and abroad. Despite the widespread use of commercial credit in economic activity, it is governed by only one article in the Civil Code of the Russian Federation. The purpose of the study is to analyze a commercial loan agreement and study the legal relationship between the lender and the borrower. Objectives of the study are to study of the essence of a commercial loan; to study of the relationship of a commercial loan agreement with other agreements and other civil structures. The methods that were used in the study are the following: a formal legal method to define the concept of a commercial loan agreement, a system-structural analysis method to determine the nature of a commercial credit, a comparative legal method to determine the relationship of a commercial credit agreement to other agreements and other civil legal constructions. The result of the study is a proven conclusion that a commercial loan agreement is an independent agreement. The findings and results of the study can be used for further research and as educational material, in legislative work and in law enforcement practice.

FEATURES OF FUNCTIONING OF INVESTMENT-INNOVATIVE ACTIVITY. DOMESTIC AND FOREIGN EXPERIENCE

2020 ◽  
Vol 2 (3) ◽  
pp. 90-96
Author(s):  
A. P. DROZDOVA ◽  
◽  
S. M. MOLCHANOVA ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Economic Incentives ◽  
Intellectual Activity ◽  
Accounting Data ◽  
Foreign Companies ◽  
Scientific Potential ◽  
The Russian Federation ◽  
Innovative Potential ◽  
Business Entities

The article discusses information sources in assessing the effectiveness of innovations, types of cash inflows, cash outflows in the context of the organization's operational, investment and financial activities. The problem of insufficient relevance of accounting data in the analysis of the effectiveness of investment in innovation is reflected. The need for systematization of the current regulatory legal acts of the Russian Federation to integrate information on the results of intellectual activity into a single mechanism for effective management of the development of innovative potential of the Russian Federation is noted. The experience of foreign companies in the investment and innovation sphere is summarized. The factors influencing the development of the scientific potential of Russian companies and the need to introduce economic incentives for innovation entities are presented. The functions of the RF authorities in the field of legal regulation of innovations for the successful development of mechanisms for interaction between business entities and the state, the protection of intellectual property and the growth of the effectiveness of the practical application of innovative developments are generalized.

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