scholarly journals The Procedure of the Court Appealing the Actions of Officials Carrying out Operative-Investigative Activity: Regulation Problems and Perspectives of Improvement of Legal Procedure

2020 ◽  
Vol 16 (1) ◽  
pp. 84-92
Author(s):  
Vasilii V. Semenchuk
Keyword(s):  
Legal Regulation ◽  
District Court ◽  
Legal Proceedings ◽  
State Secret ◽  
The Subject ◽  
The Russian Federation ◽  
Closed Procedure ◽  
Administrative Proceedings ◽  
Appeal Procedure ◽  
Investigative Activity

The article deals with the issues of legal regulation and the actual implementation of the procedures for appealing against the actions of officials carrying out operative-investigative activity. It is noted that there is uncertainty in the choice of the type of legal proceedings (criminal or administrative) also as a level of the court for such complaints (court of the subject of the Russian Federation or district court). Another problem is related to the actual assignment responsibility for the plaintiffs to substantiate complaints about covert operative-investigative measures which, as a rule, leads to a refusal to consider them. The authors are invited to introduce a universal appeal procedure in the framework of administrative proceedings. The secret nature of the operative-investigative activity does not allow the plaintiff to fully substantiate the essence of his claims, so this task may be performed by the court. In order to preserve information constituting a state secret, it is necessary to introduce a closed procedure for dealing with such complaints.

On the issue of understanding administrative proceedings

2020 ◽  
pp. 135-140
Author(s):  
Valentin Nazarov ◽  
Tat’yana Akimova
Keyword(s):  
Russian Federation ◽  
Practical Implementation ◽  
Public Interests ◽  
Legal Norms ◽  
Legal Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Judicial Procedure ◽  
Administrative Proceedings

We point out some trends observed in the development of Russian justice. We note the features of the historical development of the state that have influenced the legislative consolidation of administrative legal proceedings. Exploring the main approaches to the definition of administrative legal proceedings, we conditionally combine them into three large groups and characterize each of them. The various positions of legal scholars on the legal nature of administrative legal proceedings are illustrated. It is indicated that with the adoption of the Code of Administrative Judicial Procedure, there was a separation of administrative proceedings from other types, the result of which is the creation of administrative and legal means to ensure and protect public interests as well as the practical implementation of constitutional legal norms on administrative legal proceedings. We specify that the independent nature of administrative legal proceedings is determined by the specifics of this process. The features characteristic for this type of legal proceedings are analyzed. We express an opinion on the need for a more clear and unambiguous formulation of the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation and its normative consolidation. Despite the fact that more than four years have passed since the adoption of the Code, the controversy surrounding the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation continues to this day. In addition, we reveal the most important results of the adoption of the Code of Administrative Judicial Procedure.

scholarly journals Administrative prevention measures and issues of their administrative procedural application

2021 ◽  
pp. 116-124
Author(s):  
P. E. Spiridonov
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Preventive Measures ◽  
Legal Regulation ◽  
Prevention Measures ◽  
Administrative Procedure ◽  
Law Enforcement Officials ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Proceedings

The subject of the study in this paper is administrative prevention measures and their variety, such as preventive measures. The purpose of the study is to analyze the nature of administrative prevention measures and their administrative procedure. The paper concludes that it is premature to talk about the existence of proceedings on the application of administrative prevention (preventive) measures, since the Russian Federation has not fully developed a system of administrative procedural rules governing this type of proceedings from the stage of initiating an administrative case to the stage of appeal. At the same time, taking into account the introduction of a risk- oriented approach in public administration, the need for the formation of this type of administrative proceedings increases. It is also suggested that the peculiarities of the legal regulation of the procedural procedure for the application of administrative prevention measures depend on two important conditions: (1) the effectiveness of the application of the relevant measure by law enforcement officials and their officials; (2) the ability to ensure respect for the rights and freedoms of a person and citizen in the existing procedure of application.

THE INFLUENCE OF CODIFICATION OF LEGISLATION ON THE CHOICE OF FORMS OF COURT PROCEEDINGS: ADMINISTRATIVE OR CIVIL

2021 ◽  
Vol 11 (1) ◽  
pp. 225-236
Author(s):  
M.B. VELICHKO
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Correct Choice ◽  
Legal Regulation ◽  
Civil Code ◽  
Legal Proceedings ◽  
The Russian Federation ◽  
Court Proceedings ◽  
Administrative Proceedings

The problem of the correct choice of forms of legal proceedings in this article will be considered in a narrow aspect, through the influence of the codification of legislation, analysis of the nature of such rules of law as аrt. 11 of the Civil Code of the Russian Federation on the procedure for judicial protection of civil rights, art. 12 of the Civil Code of the Russian Federation on how to protect civil rights, art. 13 of the Civil Code of the Russian Federation on the invalidation of acts of subjects of public authority. The relevance of the research topic is due to the practical tasks of correctly determining the type of legal proceedings, as well as determining the place and role of administrative proceedings as an independent element of legal regulation and a form of judicial activity, the need to increase its effectiveness in achieving the goals of protecting the rights, freedoms, and legitimate interests of citizens and organizations. The rationale for the existence of the problem in this aspect is that many procedural scientists assign the role of the “life form of material industries” to the procedural branches, as a result of which one of their criteria for differentiating civil and administrative proceedings is the branch affiliation of the method of protection chosen by the plaintiff. In the literature, there are judgments that cases considered in the order of administrative proceedings are clearly defined by law in the Special Part of the Code of Administrative Procedure of the Russian Federation and cannot be expanded and supplemented without introducing appropriate changes to the legislation.

scholarly journals PROBLEMS OF LEGAL REGULATION OF ADMINISTRATIVE DELIVERY AND DETENTION

2021 ◽  
Vol 1 (91) ◽  
pp. 54-59
Author(s):  
Maksims Bashlikovs
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Administrative Law ◽  
Delivery Time ◽  
Specific Time ◽  
Legal Proceedings ◽  
Time Limits ◽  
Office Space ◽  
The Russian Federation ◽  
Administrative Proceedings

The purpose of this work is to study the problems of legal regulation of administrative delivery and detention in Russian administrative law and the study of possible ways to solve them. This problem is due to the fact that the Code of Administrative Offenses of the Russian Federation. The delivery time is not specified as a measure to secure proceedings on cases of administrative offenses, which is a flaw in administrative legislation and may violate the rights and freedoms of a person and citizen. And the law does not establish the duration of a person’s time in office space and his waiting for the start of legal proceedings which is a serious legislative gap. The novelty of this work lies in the formulation by Autor’s of modern and effective proposals for the revision of individual issues related to measures of administrative proceedings and the reality of solving these problems. The Code of Administrative Offenses of the Russian Federation must be modified accordingly in order to clearly regulate or establish specific time limits for the delivery in police office and the time to wait for the commencement of proceedings. In this paper, the above problems and progressive solutions are discussed in detail.

AUTONOMY OF FAMILY RELATIONS AND CIVIL PROCEDURE

2021 ◽  
Vol 11 (1) ◽  
pp. 277-293
Author(s):  
P.A. YAKUSHEV
Keyword(s):  
Russian Federation ◽  
Family Law ◽  
Family Relations ◽  
Legal Proceedings ◽  
Family Courts ◽  
Procedural Code ◽  
Separate System ◽  
The Subject ◽  
The Russian Federation ◽  
Settlement Of Disputes

The article examines the ontology of the autonomy of family relations and its impact on the independence of family law as a branch of law. It is proved that the independence of family law as a branch of law, due by the nature of family relations and their autonomy, determines the need to regulate family relations by an independent codified normative legal act containing material norms of law. Thus, it is concluded that the branch autonomy does not determine the existence of a separate system of courts for the settlement of disputes connected with application of norms of law and an independent justice. Since all family disputes can be considered by courts of General jurisdiction within the existing types of legal proceedings (claim proceedings, special proceedings, writ proceedings), the creation of specialized family courts in the Russian Federation is impractical. However, for the proper consideration and resolution of family disputes, based on the specifics of their subject composition, the subject of dispute, the nature of relationships, degree of procedural activity of the court, it is necessary to supplement Civil procedural code of the Russian Federation separate chapters containing the rules governing the procedural peculiarities of consideration of some categories of family disputes.

scholarly journals Features of the implementation of a public offer agreement in e-commerce in Ukrainian, Polish and Russian law

2020 ◽  
Vol 5 (5) ◽  
pp. 133-138
Author(s):  
Oleksandr Kosychenko ◽  
Illia Klinytskyi
Keyword(s):  
Legal Regulation ◽  
Electronic Format ◽  
Optimal Solutions ◽  
Provision Of Services ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
The Republic ◽  
Public Offering ◽  
Public Offer

Given the specifics of the provision of services and sales of goods on the Internet, the contract of public offer is the most common and close to the electronic format of the agreement. However, in Ukraine, the Russian Federation and the Republic of Poland, as in other countries, the use of this type of legal instruments has a number of problems related to the legal regulation and the procedure for concluding an agreement. This paper examines the main aspects of the legal implementation of public offer agreements in the above countries. Thus, the subject of the study is the contract of public offering as a legal phenomenon. The purpose of the work is to determine the main problems of concluding a public offer contract in electronic mode, and to find optimal solutions in the context of the stated issues, based on the legislation and practice of selected countries

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. 

Digitalization and protection of citizens' rights compulsory social insurance

2021 ◽  
pp. 398-401
Author(s):  
A.Yu. Gusev
Keyword(s):  
Social Services ◽  
Social Insurance ◽  
Legal Regulation ◽  
Insurance Fund ◽  
English Version ◽  
Social Insurance Fund ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Basic Approaches

The subject of this article was the issues related to the protection of the rights of citizens in the field of compulsory social insurance in the conditions of digitalization. It is shown that in order to ensure effective and safe conditions for the use of digital technologies, it is necessary to include universal basic approaches in the legal regulation. Specific examples of how the tasks of digitalization of social services in the field of social security are currently actively implemented by the social insurance Fund of the Russian Federation are given. English version of the article is available at URL: https://panor.ru/articles/digitalization-and-protection-of-citizens-rights-in-compulsory-social-insurance/71242.html

Features of legal regulation of the state debt of the Russian Federation subject in the context of changes in budget legislation

2020 ◽  
pp. 98-104
Author(s):  
Iu. K. Tsaregradskaya
Keyword(s):  
Russian Federation ◽  
Public Debt ◽  
Legal Regulation ◽  
Maximum Amount ◽  
The State ◽  
Debt Management ◽  
The Subject ◽  
The Russian Federation ◽  
Public Debt Management ◽  
Definition Of

The main changes in the budget legislation related to digitalization and public debt managementof the Russian Federation, that are manifested in the functioning of the electronic budget of the state and the consolidation of the legal definition of "public debt management", are considered. The author concludes that currently the legislator pays special attention to the issues of setting the upper limit of public debt, the maximum amount of borrowing by the subjects of the Russian Federation, as well as determining the debt sustainability of regions. Foreign experience of regulating such issues is analyzed on the example of a number of countries-Germany, Spain and Italy. Subjects of the Russian Federation with different debt loads are considered, as well as trends related to its increase or change. Also the possibilities of assigning the region to one of the groups with a certain level of debt stability of the subject are analyzed.

Sign in / Sign up

Export Citation Format

Share Document