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. 

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 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 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 Reforming legislation in prevention of neglect and juvenile delinquency

2021 ◽  
Vol 108 ◽  
pp. 03005
Author(s):  
Elena Nikolayevna Ryabova ◽  
Leonid Ivanovich Savinov ◽  
Dmitrii Vladimirovich Bondarenko ◽  
Tatyana Vladimirovna Cherkasova
Keyword(s):  
Juvenile Delinquency ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Federal Law ◽  
Scientific Cognition ◽  
Rights Protection ◽  
Analysis And Synthesis ◽  
The Russian Federation

The article represents the results of the analysis of modern legal regulation of the system for prevention of neglect and juvenile delinquency in the Russian Federation and activity of commissions for juvenile affairs and juvenile rights protection as the main authority of that system. Relevance and immediacy of changes and reforming of legislation in the prevention of neglect and juvenile delinquency and areas of such activity are associated with the needs of the modern informational society. The authors analyze regulatory legal acts governing the activity of commissions for juvenile affairs and juvenile rights protection, proposals of executive authorities of constituents of the Russian Federation in the practicability of developing a concept of federal law on prevention of neglect and juvenile delinquency and rights’ protection and they characterize primary trends in the activity of this authority in order to define further perspectives of activity within the system of prevention of neglect and juvenile delinquency in Russia. Methodological support of the research are such methods of scientific cognition as analysis and synthesis, comparative-legal, formally legal, analysis of documents, legal modeling, survey, which allowed for a comprehensive approach to the research of this problem. The result of the research was reasoned conclusions on the practicability of reforming authorities and legal relations in the system of prevention of neglect and juvenile delinquency. Models are given for the modernization of commissions for juvenile affairs and juvenile rights protection. The results ensure conceptual basis and trends in the development of proposals for improvement of legal regulatory regulation of social relations in the prevention of asocial behavior and juvenile delinquency.

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 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.

CONSTITUTIONAL INNOVATIONS AND SOCIAL VALUES OF THE STATE IN THE CONTEXT OF THE PRECARIOUS EMPLOYMENT DEVELOPMENT

2021 ◽  
Vol 7 (1) ◽  
pp. 78-94
Author(s):  
Larisa V. ZAITSEVA ◽  
Olga V. Alieva
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Social Protection ◽  
Well Being ◽  
Legal Regulation ◽  
Labor Rights ◽  
Political Event ◽  
Social Sphere ◽  
The Social ◽  
The Russian Federation

The most important political event in 2020 was the nationwide vote on the approval of amendments to the Constitution of the Russian Federation. Some of the adopted amendments directly concern the social sphere; they are designed to ensure an increase in the well-being of Russian citizens and the level of their social protection. This has actualized scientific research on social justice in all social sciences and humanities. In this regard, legal science is most interested in questions related to at least two aspects. First, to what extent are the amendments to the Russian Federation Constitution relevant from the point of view of the social sphere current state? To what extent are they conditioned by the current agenda and modern social relations content? On the other hand, to what extent does the current legislation designed to serve the implementation of the constitutional foundations meet the requirements of the Basic Law? Do not the provisions of the Constitution become an unattainable bright ideal in the modern system of legal regulation of specific legal relations? This work is devoted to the formulation of precisely these questions. It provides examples from the sphere of regulation of social and labor relations, which make it possible to talk about the difficulties that the law is already facing today, not having sufficient funds in its traditional arsenal to ensure the implementation of fair social standards established in the Constitution. The development of employment non-standart forms, the precarization of the labor market, an objective decrease in the number of hired workers in the total number of employed, creates a significant circle of subjects who today do not have access to the rights and guarantees established by the Constitution, since they are traditionally ensured by the norms of labor law, which does not apply to these citizens. Based on the experience of individual foreign countries, it is concluded that in order to fully implement the constitutional foundations and principles in the world of work, it is necessary to extend certain traditional labor rights and guarantees to the self-employed and workers employed on online platforms.

scholarly journals Pension Provision of Citizens in the EAEU and the Union State of the Russian Federation and the Republic of Belarus

2020 ◽  
Vol 14 (3) ◽  
pp. 67-77
Author(s):  
Yu. V. Mishalchenko ◽  
L. A. Platonova ◽  
A. V. Toropygin
Keyword(s):  
Present Article ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Basis ◽  
The Russian Federation ◽  
The Republic

The present article provides an international legal analysis of pension provision for citizens of subregional integration associations of CIS (the EAEU and the Union State of the Russian Federation and the Republic of Belarus), well as the prospects for legal regulation. The article concerns the legal basis in part of the pension provision regulation of the integration associations’ citizens of the EAEU, the Union State of Russian Federation and the Republic of Belarus, the procedure for implementing pension rights of integration associations’ citizens.

scholarly journals АКТУАЛЬНЫЕ ПРОБЛЕМЫ РЕГИОНАЛЬНОЙ ПРАВОВОЙ СИСТЕМЫ (НА ПРИМЕРЕ РЕСПУБЛИКИ СЕВЕРНАЯ ОСЕТИЯ – АЛАНИЯ)

2020 ◽  
Vol 54 (1) ◽  
pp. 90-102
Author(s):  
Alexander M. Tsaliev
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Important Place ◽  
System 2 ◽  
The Russian Federation ◽  
The Republic ◽  
Unwritten Law ◽  
North Ossetia

В статье анализируются и раскрываются источники региональной правовой системы. Наряду с основными и текущими законами субъектов Российской Федерации, в числе источников региональной правовой системы признаются те договора и соглашения, которые не противоречат Конституции Российской Федерации. Правовое регулирование вопросов, за решение которых несут ответственность Российская Федерация и образующие её субъекты, осуществляется в особом правовом режиме. Активизация договорной практики между органами государственной власти Российской Федерации и её субъектами на основе принципа субсидиарности, рассматриваемая в работе, будет способствовать развитию федеративных отношений, формированию федеративного государства, национальной и региональной правовых систем, более эффективному решению социально-экономических и иных задач. В число источников региональной правовой системы предлагается включить нормы неписаного права. Рассматривается их значение в регулировании общественных отношений. Эти суждения более всего касаются национальных республик, где в регуляции социального поведения всё ещё важное место занимают нормы традиционного общества – обычаи, традиции, составляющие основу неписаной Конституции и отражающие представления о добре и зле, справедливости и несправедливости. Они же способствуют преемственности поколений в передаче правовых ценностей, правовых знаний, умений, навыков и правового опыта. Поэтому весьма важно учитывать их в правотворческой и правоприменительной деятельности. Автор приходит к выводу, что в Конституцию РСО – Алания необходимо включить отдельную статью с наименованием «Правовая система Республики Северная Осетия – Алания». Её содержание сформулировать следующим образом: 1. Республика Северная Осетия – Алания имеет свою правовую систему. 2. Источниками правовой системы Республики Северная Осетия – Алания являются: Конституция; законы; нормативно-правовые акты; общепризнанные принципы и нормы международного права; международные соглашения Республики Северная Осетия – Алания; договоры и соглашения РСО – Алания с федеральными органами государственной власти, а также субъектами РФ; осетинские обычаи. The sources of regional legal system have been analyzed and disclosed in the article. Along with the basic and current laws of the subjects of the Russian Federation, the sources of the regional legal system include treaties and agreements to the extent that they are international, those that do not contradict the Constitution of the Russian Federation. Legal regulation of issues which the Russian Federation and its constituent entities are responsible for is carried out in a special legal regime. The intensification of contractual practice between the state authorities of the Russian Federation and its constituent entities on the basis of the principle of subsidiarity, which is considered in the work, shall contribute to the development of federative relations, to the formation of a federative state, national and regional legal systems, to a more effective solution of socio-economic and other problems. It is proposed to include the norms of unwritten law among the sources of the regional legal system. Their significance in regulating social relations has been considered. These judgments mostly concern the national republics where the norms of the traditional society - customs, traditions that constitute the basis of the unwritten Constitution and reflect the notions of good and evil, justice and injustice – still occupy an important place in the regulation of social behavior. They also contribute to the continuity of generations in the transmission of legal values, legal knowledge, skills and legal experience. It is therefore very important to take them into account in the law-making and law enforcement. The author concludes that the Constitution of North Ossetia-Alania should include a separate article titled "Legal System of the Republic of North Ossetia-Alania". Its content should be formulated as follows: 1. The Republic of North Ossetia-Alania has its own legal system. 2. 2. The sources of the legal system of the Republic of North Ossetia-Alania are the Republic of North Ossetia-Alania: Constitution; laws; normative and legal acts; generally accepted principles and norms of international law; international agreements of the Republic of North Ossetia-Alania; treaties and agreements of North Ossetia-Alania with federal bodies of state power as well as with constituent entities of the Russian Federation; Ossetian customs.

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