scholarly journals The specificity of legal regime for implementation of business activity in the territories of advanced socioeconomic development

2021 ◽  
pp. 74-86
Author(s):  
Anastasiya Mikhailovna Sidneva
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Socioeconomic Development ◽  
Legal Regulation ◽  
Business Activity ◽  
Legal Regime ◽  
The Social ◽  
The Russian Federation ◽  
Definition Of

The subject of this research is the legal regime for implementation of business activity in the territory of advanced socioeconomic development in the Russian Federation. The object of this research is the social relations that arise between the actors in the course of conducting business activity in the territory of advanced socioeconomic development. The article outlines the essential characteristics of the definition of the territory of advanced socioeconomic development based on the available research on the topic and current legislation of the Russian Federation. The author also explores the constituent composition of the territory of advanced socioeconomic development and debating points related to implementation of their rights and responsibilities. The scientific novelty lies in determination of the new theoretical positions towards the fundamentals of legal regulation of business activity in the territory of advanced socioeconomic development, and formulation of recommendations for improving the statutory support of such relations. Having analyzes the legal regulation of business activity conducted in the territory of advanced socioeconomic development, the author determines the specificity of implementation of such activity, as well as characteristics of the territory of advanced socioeconomic development from cognate categories with similar legal regime. The article considers the constituent composition of the territories of advanced socioeconomic development and peculiarities of implementation of their rights and responsibilities.

scholarly journals The problems of regulation of social franchising in the Russian legislation

2021 ◽  
pp. 16-23
Author(s):  
Petr Evgenievich Mazepov
Keyword(s):  
Russian Federation ◽  
Central Place ◽  
Legal Regulation ◽  
Legal Regime ◽  
Social Franchising ◽  
Foreign Countries ◽  
Legal Perspective ◽  
The Social ◽  
The Russian Federation

The subject of this research is the legal regime of social franchising in the Russian Federation. The object of this research is the social emerging between the actors of social franchising. The article outlines the essential characteristics of social franchising on the basis of existing research and effective legislation of the foreign countries. Attention is given to the role of the phenomenon under review within the franchising system and its related to the concession agreement. The article explores the existing legal regulation of social franchising in the Russian Federation and formulates the conclusion on purposefulness of its improvement. The scientific novelty consists in comprehensive examination of social franchising from the legal perspective, determination of its role within the system of the types of franchising, and recommendations for the improvement of the corresponding legal regime. The conclusion is made that social franchising represents the system of relations that are based on the contract on the exercise of exclusive rights. Similar to commercial franchising, the central place is held by the intellectual-legal and obligatory aspect of relations, but the fundamental difference lies is the vector towards fulfillment of the socially useful functions, alleviation of social problems, and rendering aid to vulnerable population. The development of this institution requires elaboration of the special legislation, since the norms of the Chapter 54 of the Civil Code of the Russian Federation do not correspond with the established practice of social franchising.

scholarly journals Practical issues of implementation of the institution of regulatory sandboxes into the Russian legislation in the context of enactment of the Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”

2020 ◽  
pp. 18-25
Author(s):  
Vladislav Olegovich Makarov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Personal Data ◽  
Legal Regulation ◽  
Federal Law ◽  
Personal Data Protection ◽  
The Social ◽  
Legal Regimes ◽  
The Russian Federation

This article reviews the topical practical issues of implementation of the institution of experimental legal regimes into the Russian legal system due to adoption of the new Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”. The author analyzes the social context that changed in the course of discussion and revision of the draft law, as well as examines the problems of harmonization of the current legislation with the new legislation. The question is raised on the adequacy of exceptions with regards to processing of personal data for the participants of experimental legal regimes; the presence of parallel regulation of the sphere of digital innovations is indicated. Analysis is conducted on the legislative novels in the area of establishment and regulation of experimental legal regimes in the Russian Federation. The conclusion is made on the timeliness of adoption of the Federal Law “On Experimental Legal Regimes in the Sphere of Digital Innovations” and feasibility of usage of its legal mechanisms in the changing conditions caused by the spread of coronavirus infection COVID-19. The need is underlined for determination of the hierarchy of sources and model of legal regulation for the experimental legal regimes to exclude parallel regulation of the uniform social relations by various federal laws, as well for further elaboration of special legislative norms on personal data protection applicable to experimental legal regimes that involve big data analysis.

scholarly journals The problems of legal regulation of cryopreservation: the experience of the Russian Federation and the Republic of Tajikistan

2021 ◽  
pp. 48-57
Author(s):  
Anna Rolandovna Purge
Keyword(s):  
Assisted Reproductive Technology ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Reproductive Technology ◽  
Legal Analysis ◽  
The Social ◽  
The Russian Federation ◽  
The Republic

The object of this research is the social relations emerging with regards to cryopreservation procedure as one of the assisted reproductive technology, as well as the problems of legal regulation of such relations (based on the experience of the Russian Federation and the Republic of Tajikistan). The subject of this research is the legislative norms that regulate the cryopreservation procedure currently effective in Russia and Tajikistan; corresponding law enforcement practice; statistical data and publications of the official media sources. The scientific novelty consists in carrying out a comprehensive comparative legal analysis of the peculiarities of legislative regulation of cryopreservation procedure in different world’s countries (on the example of the Russian Federation and the Republic of Tajikistan), determination of the existing problem, and development of their possible solutions. The acquired results encompass the author’s original recommendations aimed at elimination of the detected problems of legal regulation of this method of assisted reproductive technology, which usually requires the development and adoption of the special normative legal act that would regulate the cryopreservation procedure in both, the Russian Federation and the Republic of Tajikistan.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

Administrative Legal Regime in the Arctic Area

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Владимир Кузнецов ◽  
Vladimir Kuznetsov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
The Arctic ◽  
Arctic Zone ◽  
Legal Regime ◽  
Management Procedure ◽  
The Russian Federation ◽  
Northern Territories ◽  
Arctic Area

The development of the Russian Northern territories is not only a domestic problem of this country, but also a global one. The Polar region, which is also called the Arctic area, attracts many and requires concentration of all forces on the solution of the problem of its development in the economic, social, military and strategic dimensions. In proportion to these circumstances, the role of legal aspects in the developing and emerging social relations also increases. Legal regulation for these parts of the Russian Northern territories and adjacent waters of the Arctic Ocean, constituting the Arctic zone of the Russian Federation, requires certain uniformity. This can be achieved by improving public administration over the Arctic zone of the Russian Federation, legislative recognition of its special status and the establishment of special regimes for natural resources, environmental protection, regulation of navigation along the seaways of the Northern sea route. It involves the formation of a special management procedure, i.e. the formation of a special administrative-legal regime. This is a complex task that requires scientific understanding of the problems that have a significant impact on the formation of the administrative legal regime in the Arctic zone of the Russian Federation.

scholarly journals Procedural problems in cases of tax violations discovered in the course of tax audits (Article 101 of the Taxation Code of the Russian Federation)

2020 ◽  
pp. 46-57
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Statistical Analysis ◽  
Russian Federation ◽  
Social Relations ◽  
Document Analysis ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Empirical Material

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.

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.

GENERAL CHARACTERISTICS OF MEDICAL SECRECY

2020 ◽  
pp. 122-129
Author(s):  
Tatyana Y. Rodina ◽  
Keyword(s):  
Social Relations ◽  
Legal Regulation ◽  
Healthcare Sector ◽  
Generic Concept ◽  
Private Interests ◽  
Legal Problems ◽  
The Russian Federation ◽  
Definition Of ◽  
The Individual

The problem of the interaction of the interests of the individual, society and the state, the determination of the limits of interference in the spheres of private interests of third parties exists in all states as their integral part. A number of problems have accumulated in the healthcare sector, and in general in matters of protecting the health of citizens of the Russian Federation, which require immediate resolution. The very idea of fundamental changes in healthcare is associated, in particular, with the COVID-19 pandemic, which showed that domestic healthcare, despite the fact that it generally copes with new threats, has turned out to be vulnerable in modern realities. The object of the research of this article is the legal problems of the definition of the institution of medical secrecy, the totality of social relations that may arise in the process of its legal regulation. The principles of protecting the health of citizens, the issues of defining medical secrets as a generic concept are considered, signs of such information and the grounds for its provision are given.

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 DUALISTIC LEGAL REGULATION OF ACQUIRED SUBJECTIVE HUMAN RIGHTS IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 7 (6) ◽  
pp. 1241-1245
Author(s):  
Nikolay Ivanovich Polishchuk ◽  
Nikolay Ivanovich Petrenko ◽  
Oleg Gennadievich Kovalev ◽  
Aleksandra Andreevna Orlova ◽  
Elena Aleksandrovna Aleksandrova
Keyword(s):  
Civil Rights ◽  
Live Birth ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Opposite Situation ◽  
The Russian Federation ◽  
Legal Fact ◽  
Subjective Rights

Purpose of the study: This article analyzes dualistic approaches to the determination of legal facts that grant citizens of the Russian Federation subjective rights. It is obvious that the concept of birth is still not specified in the existing Russian legislation. Different norms of the modern Russian legislation associate the legal fact of birth with the criterion of live birth. An embryo (fetus) cannot have a complex of general civil rights until the time of live birth. Methodology: The authors of the article have compared this constitutional directive with existing rules of other branches of Russian law and revealed a completely opposite situation. Main Findings: Of course, the existing discrepancies in certain legal acts that regulate the same or related social relations represent a classical legal conflict. Moreover, partial contradictions in the Russian legal system are caused by the fact that many sectoral norms conflict with the Constitution. Novelty/Originality: Legal certainty is a basic and system-forming principle that dialectically complements and develops other general-legal, intersectoral and sectoral principles, justifies their functional necessity, determines the accuracy and clarity of legal instructions, established order and limits their actions.

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