scholarly journals Bank deposit agreement in the Russian Federation: combination of private and public interests therein

2020 ◽  
pp. 20-35
Author(s):  
Larisa Yur'evna Dobrynina
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Public Law ◽  
Theoretical Research ◽  
State Control ◽  
Public Interests ◽  
Economic Space ◽  
Bank Deposits ◽  
Private And Public ◽  
The Russian Federation

The object of this scientific-theoretical research consists in public relations emerging during investment of finances into bank deposit from the perspective of profitability factors, security and liquidity. The author analyzes the novelties introduced into the Civil Code of the Russian Federation, including those pertinent to new types of bank deposits. The work discussed all-round state control over the movement of finances in bank deposits, justifying the examination of a number of responsibilities of public commercial banks. The article analyzes legislative regulating relations by bank deposit agreement, which includes not only norms of private law, but public law as well. Research is carried out on the legal problems associated with the changes and termination of bank deposit agreement. The legislative array regulating these relations, is being examined as a complex legal institution, combining norms of civil, financial, and administrative law. The legislator protects not only the rights of investors, but also performs a supervisory and stimulating policy in the financial market, ensuring stability of the entire economic space of the Russian Federation. The article makes a number of recommendations on improving civil legislation aimed at protection of the rights of bank investors.

The antitrust immunity of intellectual property in Russia

2021 ◽  
pp. 32-39
Author(s):  
S. S. Burchik
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Antitrust Law ◽  
Public Interests ◽  
Private And Public ◽  
The Russian Federation ◽  
Antitrust Immunity

The growing importance of intellectual property as an asset raises the question whether exercising of the intellectual property rights shall be regulated by antitrust law to protect against possible abuses and ensure the efficiency of the economy. The study aims to improve the existing regulation in the Russian Federation and align it with the idea of balancing private and public interests while fostering competition and encouraging innovation.

A.L. MAKOVSKY AND THE REVIVAL OF RUSSIAN PRIVATE LAW

2021 ◽  
Vol 20 (6) ◽  
pp. 8-17
Author(s):  
E.A. SUKHANOV
Keyword(s):  
Intellectual Property ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Point Of View ◽  
Private Law ◽  
Public Interests ◽  
Private And Public ◽  
The Russian Federation

The article highlights the role of prof. A.L. Makovsky in the creation of the new Civil Code of the Russian Federation of 1994–2006, as well as in the organization of the practice of its application and the development of the Concept for the Development of Civil Legislation of the Russian Federation in 2009. Special attention is paid to the activities of A.L. Makovsky on the preparation of the Fourth Part of the Civil Code of the Russian Federation and the concept of intellectual rights enshrined by it, opposing the traditional archaic concept of “intellectual property”. The importance of the need to increase the attention of civil law to the issue of protecting the rights and interests of citizens and other weakest participants in civil legal relations in their opposition to the interests of large companies striving to take a privileged position in property turnover is shown. From this point of view, the author substantiates the need for a significant adjustment in the understanding of the balance of private and public interests, which is the basis of civil law regulation.

scholarly journals Implementation of promoting inclusive and sustainable economic growth, employment, and decent work for all as the goal in the updated Constitution of the Russian Federation

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 488-496
Author(s):  
Marietta D. Shapsugova
Keyword(s):  
Russian Federation ◽  
Social Solidarity ◽  
Decent Work ◽  
Public Authorities ◽  
Public Interests ◽  
Russian Economy ◽  
The Social ◽  
Private And Public ◽  
The Russian Federation ◽  
Sustainable Economic Growth

The article analyzes the content of the new Article 75.1 of the Constitution of the Russian Federation through the prism of economic and political doctrines of solidarity based on the social division of labor, codependency, and mutual assistance. The relevance of the problem of social solidarity in the implementation of economic activity by citizens is due to the entry into force of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 "On improving the regulation of certain issues of the organization and functioning of public authorities." Concluded that Article 75.1, fixing new principles of balancing private and public interests based on mutual trust in society and the state, integrating the Russian economy into the global community based on universal principles of economic development set out in the Concept of Sustainable Development of the United Nations.

scholarly journals The Establishment of an “Exit Tax” as a Potential Way to Broaden Russian Deoffshorization Measures

JURIST ◽  
2021 ◽  
Vol 4 ◽  
pp. 55-58
Author(s):  
Natalya G. Andrianova ◽  
Keyword(s):  
Russian Federation ◽  
The European Union ◽  
Tax Base ◽  
Public Interests ◽  
Balanced Approach ◽  
The Face ◽  
Private And Public ◽  
Capital Outflows ◽  
The Russian Federation ◽  
The Right

The article examines the European regulation of the «exit tax» enshrined in the Council of the European Union Directive No. 2016/1164 of July 12, 2016. The situations in which the «exit tax» is levied are analyzed, the procedure for determining the tax base, the procedure for the payment of tax, the possibility of presenting a deferral of tax, cases in which the tax is to be paid immediately in full, the problematic issues of the practical application of the Directive with regard to the «exit tax» are identified. The practice of implementing the provisions of the Directive about «exit tax» in Luxembourg is examined, as well as the specifics of the implementation of the Directive into national legislation on the example of Ireland’s experience. It is proposed to establish an «exit tax» in the Russian Federation as an additional source of budget revenues in the face of capital outflows and a pandemic of coronavirus infection. It is proposed to take a balanced approach in establishing an «exit tax» in order to maintain the balance of private and public interests. The establishment of a minimum value threshold will not prevent the movement of small assets when the state obtains the right to tax large assets when they move outside the Russian Federation.

scholarly journals Environmental justification of legal consequences of illegal actions in the Russian Federation

2021 ◽  
Vol 258 ◽  
pp. 05015
Author(s):  
Olga Ilyina ◽  
Anatoly Levushkin ◽  
Julia Dronova
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Point Of View ◽  
Public Interests ◽  
Legal Nature ◽  
Private And Public ◽  
Minor Children ◽  
The Russian Federation ◽  
Legal Consequences

The issue of alimony obligations enforcement is quite acute in our country. It is necessary to recognize that Russian legislation does not contain effective mechanisms for collecting funds from parents for the maintenance of minor children. The article reveals the legal nature of consequences of non-payment of funds for the maintenance of minor children by their parents from the point of view of ratio of private and public interests in the mechanism of legal regulation. The authors note the prerequisites and limits of shifting the balance of private and public interests in the study of grounds for applying criminal liability measures for non-payment of alimony.

Public and Individual Interests in Electoral Rights of Russia: Legal Positions of the Constitutional Court of the Russian Federation

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Андрей Макарцев ◽  
Andrey Makartsev
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Constitutional Court ◽  
Public Interests ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The One ◽  
Definition Of ◽  
The Individual ◽  
The Given

This article presents the analysis of decisions of the Constitutional Court of the Russian Federation on electoral rights, upon which the hierarchy of the individual and public interests that are realized in electoral relations rests. The author concludes that the balance of interests established by the Constitutional Court of the Russian Federation is not of a permanent nature. The form of expression and the content of coordination of interests of individuals and society can change depending bodies of constitutional justice to definition of a framework of the adjustable public relations. In case of discrepancy of interests of the state, society and individuals expediency of satisfaction and relevance of their implementation can differ depending on the given circumstances. The hierarchy of individual and public interests built by the Constitutional Court of the Russian Federation, on the one hand, is directed to guarantee subjective electoral rights and, on the other hand, to provide stability of the existing political system in Russia, reproduction and functioning of institutes of power. The absence of the official doctrine which would provide that public interests in the electoral relations represent themselves, complicates the mechanism of their realization, and reduces the opportunity given to subjects of legal relationship by the law to use certain social benefits.

scholarly journals Protection of property rights by the ombudsman in the Russian Federation: improving approaches

2021 ◽  
pp. 236-244
Author(s):  
A. A. Drozdov
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Russian Federation ◽  
Constitutional Court ◽  
Public Interests ◽  
The Rule Of Law ◽  
European Court ◽  
Private And Public ◽  
Strict Compliance ◽  
The Russian Federation

The article deals with the protection of property rights by the Commissioner for Human Rights in the Russian Federation. The author believes that the activities of the Commissioner contribute to the development of the institution of property in Russia. The text reveals the constitutional content and significance of the inviolability of property for the legal system of the state and the development of the rule of law. The author concludes that the relevant protection should be carried out in strict compliance with the principle of maintaining a balance of private and public interests, and in order to improve approaches to protection, it is necessary to consider the interpretation of this principle given by the Constitutional Court of the Russian Federation and the European Court of Human Rights. In support of these conclusions, the author reveals the corresponding approaches to the interpretation of the protection of property rights of the Constitutional Court of the Russian Federation and the European Court of Human Rights.

scholarly journals Conditions for Granting Compulsory License for Dependent Invention Use

2021 ◽  
Vol 16 (11) ◽  
pp. 117-132
Author(s):  
M. M. Puchinina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Generic Drugs ◽  
Compulsory License ◽  
Civil Code ◽  
Pharmaceutical Companies ◽  
Public Interests ◽  
Compulsory Licensing ◽  
Private And Public ◽  
The Russian Federation

The paper deals with the institution of compulsory licensing for dependent inventions. Currently, its  most important application is in the pharmaceutical industry. In order to launch generic drugs that are dependent  inventions pharmaceutical companies have to enter into licensing agreements with the developers of original  drugs. The law enforcement practice that began in 2018 in the Russian Federation showed that paragraph 2 of  Art. 1362 of the Civil Code of the Russian Federation, which establishes the conditions for granting a compulsory  license for the use of a dependent invention, needs to be harmonized and supplemented in order to protect and  regulate the balance of private and public interests. To solve this problem, the author analyses the wording of  the corresponding legal norm found in international agreements, in particular in the TRIPS Agreement, and in  the national legislation of different countries as well as the effectiveness of its application. Based on the results  of the study, possible clarifications are given to the conditions for granting a compulsory license for the use of a  dependent invention under paragraph 2 of Art. 1362 of the Civil Code of the Russian Federation.

Achieving Balance between Private and Public Interests in Arbitration Disputes

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Said Kazhlaev
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Regulation ◽  
Federal Law ◽  
Public Interests ◽  
Private And Public ◽  
The Russian Federation ◽  
Culture And Development ◽  
The Right ◽  
Judicial Protection

The article is devoted to the issue of achieving balance between private and public interests in arbitration disputes. The author notes that arbitration proceedings as one of the alternative forms of civil rights protection, guarantee the realization by the parties of the right to freedom of contracts and the right to judicial protection in a voluntarily elected procedural form. The author draws attention to the fact that a legislator can impose certain restrictions, based on the need to ensure balance between private and public interests depending on the object of the dispute, its social importance, conditions of civil circulation, legal culture and development of the national social and economic system. The article contains proposals for amendments and additions to the new Federal Law “On Arbitration (Arbitration Proceedings) in the Russian Federation”. The author concludes that the new task of legal regulation is the creation of favorable legal environment for the functioning of arbitration courts which being an institute of civil society, will contribute to more effective functioning of national economy under the conditions of a civilized market, implementation of stability in economy management and attractiveness of the jurisdiction of the Russian Federation as a venue to conduct arbitration with participation of foreign countries.

Regulatory Guillotine in the Field of Industrial Safety

2020 ◽  
pp. 22-28
Author(s):  
E.V. Klovach ◽  
◽  
A.S. Pecherkin ◽  
V.K. Shalaev ◽  
V.I. Sidorov ◽  
...  
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Regulatory System ◽  
Industrial Safety ◽  
State Control ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
Executive Body

In Russia, the reform of the regulatory guillotine is being implemented in the field of control and supervisory activity. It should result in a new regulatory system formed according to the principles specified in the key federal laws: «On state control (supervision) and municipal control in the Russian Federation» (Law on Control) and «On mandatory requirements in the Russian Federation» (Law on Mandatory Requirements) adopted in August 2020. In the field of industrial safety, this process was launched by the Decree of the Government of the Russian Federation № 1192, which will come into force on January 1, 2021. The main provisions are discussed in the article, which are related to the Law on Control and the Law on Mandatory Requirements. The Law on Control establishes the priority of preventive measures aimed at reducing the risk of causing harm in relation to the control activities, the grounds for carrying out control (supervisory) activities, the types of these activities in the forms of interaction with the controlled person and without such, the procedure for presentation of the results of control (supervisory) activity. The Law on Mandatory Requirements establishes that the provisions of regulatory legal acts should enter into force either from March 1 or September 1, but not earlier than 90 days after their official publication, and their validity period should not exceed 6 years. The drafts of regulatory legal acts developed by the federal executive bodies are subject to regulatory impact assessment. With a view to ensuring systematization of mandatory require ments, their register is kept. The federal executive body prepares a report on the achievement of the goals of mandatory requirements introduction. By January 1, 2021, 10 resolutions of the Government of the Russian Federation, 48 federal norms and rules in the field of industrial safety and 9 other regulatory legal acts of Rostechnadzor should be adopted. The drafts of all the documents are already prepared, some of the acts are completing the process of discussion and approval.

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