Definition of the Classificatory Relatedness and Issue of Filling the Right to Pharmacological Provision in The Russian Federation

Medicne pravo ◽  
2015 ◽  
Vol 2015 (1) ◽  
pp. 53-65 ◽  
Author(s):  
Valentina Komarova ◽  
Keyword(s):  
Russian Federation ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

scholarly journals THE PROBLEM OF DETERMINING THE LEGAL REGIME OF “DISPUTED” REAL ESTATE: THEORETICAL AND PRACTICAL ASPECTS

2021 ◽  
pp. 19-24
Author(s):  
N.A. Pronina ◽  
T.N. Platunova ◽  
S.O. Kostyakova
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Civil Law ◽  
Property Right ◽  
Legal Regime ◽  
Land Plot ◽  
Legal Definition ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article raises the following topical problems currently inherent in the institution of real estate in theRussian Federation: the unsuccessful legal definition of a real estate object, enshrined in Art. 131 of the CivilCode of the Russian Federation; qualification of objects as immovable and, accordingly, delimitation of themfrom movable ones; the emergence of objects with a controversial legal regime; the need to move from themodel of “plurality” to the model of “unity” of real estate objects. Also, the authors of this article analyzea number of approaches aimed at resolving the above problems and the possible consequences (both positiveand negative) of their implementation in practice, put forward their views and offer their own solutionto these problems. A variant of the legalization of “disputable” objects is proposed by introducing the rightof construction into the civil law of the Russian Federation as a limited property right to use a land plot withthe extension of this right to everything that is being built on such a land plot. The examples of legislativeregulation of the right to build in the civil law of pre-revolutionary Russia are considered, the elements of theright to build in the current law of the Russian Federation are revealed.

ANTI-CORRUPTION POLICY BY LEGAL MEANS

2015 ◽  
Vol 10 (6) ◽  
pp. 129-134 ◽  
Author(s):  
Назаренко ◽  
Gennadiy Nazarenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Not Given ◽  
Federal Law ◽  
Effective Implementation ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right ◽  
Official Status

In the article anti-corruption policy is considered in criminal law and in the preventive aspects. The definition of anti-corruption policy by legal means is given. It is shown that the most significant and effective tool in this direction (kind) of policy is the Criminal Code of the Russian Federation. However, the preventive potential of criminal law is not enough. The law does not cover a lot of corruption manifestations, which are involved in the use of any official status, its authority and opportunities. Up to the present time criminal law is not given with the accordance of the Federal Law «On combating corruption» from 25.12..2008 №273-FZ (as amended on 22.12.2014). Criminal law measures applied to corrupt officials, have palliative nature: they are based on the concept of limited use of criminal law and mitigation of punishment. The author makes a reasonable conclusion that more effective implementation of anti-corruption policy requires the adoption of new criminal law which contains the Chapter on corruption crimes, sanctions of which must include imprisonment as punishment as well as confiscation of property or life deprivation of the right to occupy certain positions or to be engaged in certain activities.

scholarly journals Leniency programmesfor cartel: mature reforms

2018 ◽  
pp. 24-33
Author(s):  
K. N. Aleshin ◽  
S. V. Maksimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Administrative Law ◽  
The Russian Federation ◽  
Main Factors ◽  
The Law ◽  
Definition Of ◽  
The Right

The problems of interpretation of criminal law and administrative law institutes of active repentance (“leniency programmes”) in relation to cartels are considered.The definition of the effectiveness of the institution of active repentance is given as the ability of this institution to achieve the goals stipulated by law (in the aggregate or in a particular combination): 1) termination of the committed offense (crime) (“surrender”),2) assistance in investigating the relevant administrative offense (crime), 3) compensation for the harm caused by his offense (crime), 4) refusal to commit such offenses (crimes) in the future.The condition of the quadunity of these goals is investigated. It is noted that among the main factors reducing the effectiveness of administrative law and criminal law institutions of active repentance (“leniency programmes”) in relation to a cartel is the legal inconsistency of these institutions.Proposals are being made to amend par. 3 of the Notes to Art. 178 of the Criminal Code of the Russian Federation and Note 1 to Art. 14.32 of the Code of the Russian Federation Code of Administrative Offenses iin order to bring together the relevant institutions of active repentance.The necessity of legislative consolidation of general procedural rules for the implementation of the person who participated in the conclusion of the cartel, the law granted him the right to active repentance is substantiated.

scholarly journals Assignment of a Claim Under an Obligation in Which the Identity of the Obligee Is Essential for the Obligor

2020 ◽  
Vol 17 (4) ◽  
pp. 455-464
Author(s):  
A. A. Martsun
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Scientific Literature ◽  
Civil Code ◽  
Essential Value ◽  
A Value ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The Plenum of the Supreme Court of the Russian Federation adopted a resolution of December 21, 2017 No. 54 “On some issues of application of the provisions of Chapter 24 of the Civil Code of the Russian Federation on the change of persons in an obligation on the basis of a transaction", which sets out important clarifications regarding the application standards contained in this chapter. At the same time, not all issues related to the assignment of the claim were resolved by the above resolution. One of these issues is the definition of the term “essential value of the identity of the creditor” or approximate criteria for such a value in the context of the need to obtain the latter’s consent to the assignment of rights. The presence of this problem is rightly indicated in the scientific literature [3, p. 549–655, 688–713]. The Author examines the Model Rules of European Private Law and the UNIDROIT principles in order to find a solution to the problem. Attention is drawn to the problem of determining the essential value of the creditor for the debtor in the case of assignment of the right of claim, as well as to the consequences of making the assignment without the consent of the debtor under an obligation in which the identity of the creditor was essential.In the Author's opinion, the identity of the creditor is recognized as essential for the debtor when the connection between the debtor and the creditor arose as a result of the conclusion of a transaction that has a personallyconfidential nature, or if the connection arose during the conclusion of other transactions in the case when the connection was broken during the execution assignment of rights entails or may entail a significant deprivation for the debtor of what he had the right to count on when concluding a transaction with the creditor.In addition, situations are considered that are an exception to the presumption of the absence of a significant value of the creditor's personality for the assignment of claims for monetary obligations. The author also points out that the consequence of the transaction on the assignment of rights without the consent of the debtor in the context of paragraph 2 of Art. 388 of the Civil Code of the Russian Federation is the nullity of the transaction on the basis of paragraph 2 of Art. 168 of the Civil Code of the Russian Federation.

scholarly journals Problematics of the Content of "Labor" Сonstitution Сategory

2021 ◽  
pp. 20-24
Author(s):  
Anna Kanakova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
High Quality ◽  
The Status ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article discusses the constitutional category of «labour», the definition of which is not enshrined in legislative acts because it is considered to be a well-known category, which is not a special legal one and does not require any clarification. However, this approach creates difficulties for legal regulation, as it blurs the boundaries for the legislator and the executor. Lack of awareness of the concept of a regulated category can lead to a situation when the legislator, creating a new law or making amendments to an existing one, will subject to regulation the area that does not pertain to the relevant legal phenomenon, or vice versa - will ignore part of the content of the regulated category, which is certain to negatively affect the quality of legal regulation. Law enforcement practices similarly face difficulties in having only doctrinal understandings of statutory concepts, which creates inconsistency in decisions made by lawyers in course of their professional work. The 1993 Constitution of the Russian Federation enshrined the category of «labour» in a number of articles, but did not clarify the interpretation of its concept. The analysis of economic and legal views on labor allows us to conclude that, despite the status of a well-known category, which, it would seem, does not need an explanation, only the presence of clear criteria for recognizing an activity as labor, provides high-quality legal regulation, in particular, it allows not only to separate the types of activities that are not subject to legal regulation, but also to choose the right branch of law that regulates social relations in each particular case.

scholarly journals Extremism. Juridical Abstraction. Problems of Demarcating the Freedom of Expression

2019 ◽  
Vol 13 (4) ◽  
pp. 629-640
Author(s):  
Vladimir Suchkov ◽  
Vladimir Filonov
Keyword(s):  
Russian Federation ◽  
Negative Impact ◽  
Freedom Of Expression ◽  
Local Level ◽  
Constitutional Court ◽  
National Courts ◽  
The Russian Federation ◽  
The Law ◽  
Definition Of ◽  
The Right

The authors examine the juridical idea of extremist used in the criminal law of the Russian Federation. This work is an attempt to solve the problem of differentiating between this concept and the freedom of expression. The establishment of boundaries and limits of these phenomena is important for both lawmakers and law enforcers. The authors use the attributes of the phenomenon of «extremism» in an attempt to understand its form and contents. To achieve this, they analyze views on different scholars on extremism, the law and its amendments, clarifications of the highest court authorities of the country regarding the object of this research, and study the doctrinal practice of experts – linguists and psychologists. They synthesize the discovered meanings of extremism and identify its features. The obtained information allowed the authors to conclude that the definition of extremism formulated in the law is not precise, it lacks clear boundaries and, at the categorial level, could be viewed as an abstract concept. This concept, incorporated in the law, has a negative impact on the quality of the law and impedes the right choice of interpretation by national courts. The fuzziness of legal prescriptions has not yet been eliminated by the Constitutional Court of the Russian Federation and the law enforcement practice of the Supreme Court of the Russian Federation. All this creates endless opportunities for interpreting the law at the local level. The authors present disturbing statistics that show a tremendous growth in the number of offences in this area in recent years. They believe that the cause of the problem is the above-mentioned law that allows excessive interpretation by the law enforcer. The presented research deals with the bottlenecks of constitutional law as it analyzes the freedom of expression with its boundaries and limits. The authors discuss the conflict of constitutional and criminal laws from the viewpoint of enforcing specific law clauses. The research includes constructive criticism of the instruments used by experts (linguists and psychologists) who perform their tasks for criminal cases and materials on speech goals, which belongs to the domain of criminalistics. The authors present their own vision of this problem based on the opinion of scholars, historical experience and court practice.

scholarly journals Some Issues of the Legal Regulation of the Cossacks in Constituent Entities of the Russian Federation

Lex Russica ◽  
2019 ◽  
pp. 49-59
Author(s):  
S. S. Zenin
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Legislative Process ◽  
Physical Force ◽  
Legal Form ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article analyzes the current state of the legal regulation of social relations existing among the Russian Cossacks at the level of constitutent entities of the Russian Federation. The author examines the legal form of regulating social relations and the content of normative legal acts adopted in the constituent entities of the Russian Federation regarding the Russian Cossacks. The paper concludes that there is a need to develop a more effective mechanism of participation of constituent entities of the Federation in the legislative process on issues of joint jurisdiction at the federal level. The author highlights the need to apply a model legislation in order to unify the provisions of regional normative legal acts. The paper focuses on the importance of a clearer definition of the legal status of the Cossacks who have assumed obligations to carry out public service, including taking into account the possibility of using physical force, special means, and cold weapons that they have the right to wear as elements of national clothing.

scholarly journals Theoretical and Methodological Problems of Legal Support of Ecological, Biosphere and Genetic Safety in the System of National Security of the Russian Federation

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 96-108 ◽  
Author(s):  
N. G. Zhavoronkova ◽  
V. B. Agafonov
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Environmental Safety ◽  
Point Of View ◽  
Environmental Decision Making ◽  
Methods Of Evaluation ◽  
Methodological Problems ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The paper is devoted to the study of theoretical problems of legal provision of ecological, biosphere and genetic security in the system of national security of the Russian Federation. It is noted that from the legal point of view the process of «legitimization» of the term (concept) of environmental safety has been successfully completed. This term is widely used in legislation and law enforcement practice, however, the term «environmental safety» still does not have a pronounced context, distinguishable, for example, from the terms «environmental protection», «environmental risk», «sustainable development». If there is a legitimate (conservative) understanding of environmental safety, there is still no modern legal and clear, unambiguous and essential content of the concept of «safety» (including genetic, biological, biosphere, evolutionary and other currently relevant types of safety). Attempts to define safety (along with vulnerability) through threats, damages, stability, losses, have the right to exist, but do not give adequate and substantial sense. Based on the analysis of the current legislation and strategic planning documents, it is concluded that new theoretical and methodological approaches to the understanding of both the basic concept of «safety» and the concept of «environmental safety» are required. According to the authors, due to the emergence of new global challenges and threats (genetic, biosphere, biological, climatic, etc.) in a specific law it is advisable to revise the underlying definition of environmental safety, stressing its specificity. It is important to form the conceptual framework, including the definition and assessment of threats, risks; to select standards and methods of evaluation, classification of threats, their records; to provide for the variability of action of state authorities and local self-government in case of security threats and also the mechanism of participation of citizens and public associations in environmental decision-making on issues of environmental safety. 

scholarly journals On the Concept of the Constitutional and Legal Category “Citizen’s Appeal”

2021 ◽  
pp. 248-255
Author(s):  
Igor Yu. Ostapovich ◽  
◽  
Alexander V. Savoskin ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Additional Term ◽  
Constitutional Court ◽  
Federal Law ◽  
Legal Entity ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right ◽  
Or Organization ◽  
Subjective Rights

The right of a citizen of the Russian Federation to appeal to state bodies and bodies of local self-government is one of the oldest human rights. It is an integral part of the mechanism for the implementation of a large number of subjective rights and freedoms. However, the concept of the legal category “citizen’s appeal” contained in the Federal Law “On the Procedure for Considering Appeals of Citizens of the Russian Federation” is not informative and creates many questions and problems. It is difficult to establish the content of the category “citizen’s appeal” because the word “appeal” is a verbal noun and has several meanings in Russian. In order to establish the true meaning of the term “citizen’s appeal”, the authors conducted a lexical analysis of the word “appeal” and examined its use in legal acts. Based on the analysis, it has been established that the term “appeal” in normative acts is used in different meanings and, to clarify it, an additional term is required that would explain the context of the use of the word “appeal”. Then, using specific legal methods of cognition (formal-legal, formal-logical, systemic, technical-legal methods), the authors analyzed the legislative definition of the term “citizen’s appeal”, namely, its understanding in the decisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and in special legal literature. The authors have formulated the definition of the category “citizen’s appeal”: it is the will of a person (group of people or organization) guaranteed by the Constitution of the Russian Federation, corresponding in its form to the normatively established rules and expressed in the form of a written, oral or implied-in-fact requirement to a state body or local government. The appeal is aimed at realizing the subjective rights, freedoms and legitimate interests of the applicant and third parties. The definition includes the necessary and sufficient set of essential characteristics that reveal the analyzed phenomenon, namely: constitutional conditionality, the proper applicant (subject of the appeal), the proper addressee, the form of expressed will, the purpose of the appeal. The absence of any of the above elements eliminates the citizen’s appeal as such or transforms it into a different kind of expression of will. Based on this theoretical construct, a new legislative definition of the legal category “citizen’s appeal” is formulated. The terms “applicant” (citizen, group of citizens, or organization sending the appeal) and “organization that performs publicly significant functions” (a legal entity established by a public law entity with the aim of performing non-commercial functions or a legal entity that exercises certain state or municipal powers) are also defined.

Validity of Tax Benefit and «Bad Faith» of Counteragent of Tax Payer

10.12737/5499 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 36-41
Author(s):  
Алексей Титов ◽  
Aleksey Titov
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Bad Faith ◽  
The Real ◽  
Real Work ◽  
The Russian Federation ◽  
Use Tax ◽  
Definition Of ◽  
The Right

In article the analysis loose is provided in the legislation of the Russian Federation of criteria which taxing and judicial authorities use when carrying out an assessment of validity of application by the taxpayer of tax benefit in cases of «dishonesty» of the contractor of the taxpayer. Approach of the legislator to definition of the concept «integrity» of the taxpayer is investigated. The position of the author on the practical problems arising in the course of use by the taxpayer of the right to use tax benefit is stated. The author of the real work comes to a conclusion that lack of due legal regulation of process of use by the taxpayer of the right for use of tax benefit often allows taxing authorities to resolve an issue of validity of tax benefit at discretion.

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