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

Author(s):  
Petr Evgenievich Mazepov

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.

Author(s):  
Anastasiya Mikhailovna Sidneva

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.


Author(s):  
Vladislav Olegovich Makarov

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.


Author(s):  
Anna Rolandovna Purge

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.


2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.


2021 ◽  
Vol 23 (2) ◽  
pp. 16-23
Author(s):  
MIKHAIL DEGTYAREV ◽  

In connection with the adoption of the Federal Law of July 31, 2020 No. 258-FZ “On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation” and of the Federal Law of July 31, 2020 No. 247-FZ “On Mandatory Requirements in the Russian Federation” (Article 13 “Experimental legal regime”) the topic of experimental legislation was updated. The article is devoted to the application of the experimental approach in legal regulation. The author reveals the essence of the concept of experimental legislation, explains the goals and objectives of using the appropriate technologies. The author notes that although in a broad sense it can be said that the adoption of any new law is in itself an experiment, there are still significant differences within the experimental law. The author sets out the essential features of a legislative experiment. The article examines the reasons for the need and prerequisites for the rationality of the use of experimental legislation. The author shows the nature of legislative experimentation and the merits of this toolkit. The author shows the areas of relevant application of the method of experimental legislation. The species diversity of methods of experimental regulatory regulation is indicated. The article compares the method of practical experimental legislation and the method of thought experiment in norm-writing and law- making activities. The article compares the method of practical experimental legislation and the method of digital duplicate-models of legislative acts. The author substantiates the existence of limits of applicability of the method of experimental legislation and demonstrates selected technologies of experimental legislation. In conclusion, the author turns to the complex and controversial problems of using the method of experimental legislation.


Author(s):  
Rinat Mikhailovich Karimov

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. 


Author(s):  
T. A. Zanko

This article provides an analysis of the legal status of diplomats in the Russian Federation with regard to their rights, safeguards and rewards. These elements are presented through the prism of comparative research of more than a dozen countries and consider the experience of diplomatic service legal regulation in the former Soviet Union countries as well as in other foreign countries.


2021 ◽  
pp. 220-228
Author(s):  
O.L. Alferov ◽  

This review analyzes the experience of Russia and a number of foreign countries in implementing digital technologies in public administration, and describes the main regulatory legal acts adopted at the three stages of the formation of the information society in the Russian Federation. The focus is on the problems of legal regulation of the digitalization of public authorities.


2020 ◽  
Vol 176 ◽  
pp. 06005
Author(s):  
Irina P. Chupina ◽  
Natalia N. Simachkova ◽  
Oksana S. Trotsenko

The authors comprehensively investigated theoretical and practical problems of legal regulation of agricultural land turnover in the Russian Federation. They analyzed the jurisprudence in the field of agricultural land turnover, examined the legal regime of agricultural land in the Russian Federation, investigated the peculiarities of land plots turnover from agricultural lands, identified a number of significant problems in the legislation in the field of legal regulation of agricultural purposes land turnover. It is difficult to overestimate the importance of land, which is a nonrecoverable natural resource. From this point of view, agricultural land has a unique unrepeatable natural fertility capacity that determines the possibility of producing life support products, being an essential component of the environmental system. In the annual Address to the Federal Assembly of the President of Russia in 2019, V.V. Putin, specifying the main directions of strategic development of the country, noted the high importance of the land legislation development. The peculiarities of the agricultural land plots turnover are due to the public nature of land relations regulation. For this category of land, a special legal regime is established for food security purposes of Russia, which leads to the prevention of removing these lands from agricultural circulation, as well as building development. According to articles 9, 36 of the Constitution of the Russian Federation, “land and other natural resources are used and protected in the Russian Federation as the basis for the lives and activities of peoples living on the the relevant territory” and the exercise of authority by land owners is limited to conditions for potentially damaging the environment and violation of rights and legitimate interests of other persons.


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