scholarly journals PECULIARITIES OF ALIENATION OF LEGAL ENTITY’S PROPERTY DURING BANKRUPTCY PROCEEDINGS/ COMPARATIVE LEGAL ANALYSIS OF THE SPECIAL LEGISLATION OF UKRAINE AND THE RUSSIAN FEDERATION

2021 ◽  
Vol 6 (44) ◽  
Author(s):  
Ie. Ryzhkova ◽  
I. Lykina ◽  
O. Karlyugin
Keyword(s):  
Russian Federation ◽  
Legal Analysis ◽  
Federal Law ◽  
Legal Entity ◽  
Financial Difficulties ◽  
Procedure Code ◽  
Bankruptcy Procedure ◽  
The Russian Federation ◽  
Legal Entities

Business bankruptcy is a widely used tool for solving a company’s financial difficulties and is used by many business representatives worldwide. This article reveals the bankruptcy concept, gives its characteristics, analyzes the procedure for alienating the property of bankrupts of legal entities, and formulates a conclusion on the article’s subject. At the end of 2019, the Code on Bankruptcy Procedures entered into force in Ukraine. The novelties of the bankruptcy procedure in the Russian Federation have been in power for four years, since October 2015. Undoubtedly, the neighboring country's experience was taken into account by Ukrainian legislators. Therefore, we decided to compare the conditions of bankruptcy and the peculiarities of alienation of the legal entity’s property during the period of bankruptcy proceedings under the laws of the Russian Federation and Ukraine.Keywords: bankruptcy, bankruptcy procedure, Code of Ukraine on Bankruptcy Procedures, creditors, debtor, bankrupt, bankruptcy of a legal entity, property, federal law.

scholarly journals Affiliation of legal entities: reality and prospects

2019 ◽  
Vol 2019 (3) ◽  
pp. 83-88
Author(s):  
Сергей Тычинин ◽  
Sergey Tychinin ◽  
Олег Скопенко ◽  
Oleg Skopenko
Keyword(s):  
Russian Federation ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Entity ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The relevance of the study of the problem of affiliation of legal entities is determined by the lack of a coherent legal mechanism to ensure the resolution of conflicts of interest between dependent persons. As of today, Russian legislation as a whole does not contain clear provisions regarding the concept of the affiliation of legal entities. Certain laws contain only separate independent concepts, for example, the concept of “affiliation” is used in the Civil Code of the Russian Federation; in the Federal Law «On Competition» - the concept of «group of persons»; in the Tax Code of the Russian Federation - the concept of «interdependent persons». Therefore, the study of the problem of settling relations with affiliates deserves special attention. The objectives of this study are the systematization and analytical study of the legal regulation of the institution of the affiliation of legal entities. In the course of the study, the authors used the following methods: analysis and synthesis, modeling, comparison, analysis of the regulatory framework, synthesis, formal legal method The article examines the issues of legal regulation of the affiliation of a legal entity. The definition of the concept of “affiliation” is given, criteria and signs of affiliation of a legal entity are defined, various scientific approaches to the definition of this category are given, problems of correlation with economic and other types of relations between affiliates are explored. In the course of the study, the authors came to the conclusion that the institution of affiliation in its present form undoubtedly needs to be reformed. It is necessary to develop a unified law, reflecting all the nuances of the concept of “affiliation” and the features of the transactions with affiliated persons.

scholarly journals On Criminal Procedure and Criminalistic Measures of Counteracting Crimes Against Legal Entities

2021 ◽  
Vol 15 (1) ◽  
pp. 98-105
Author(s):  
Olga Aivazova ◽  
Galina Vardanyan ◽  
Irina Smirnova
Keyword(s):  
Russian Federation ◽  
Negative Impact ◽  
Criminal Procedure ◽  
Relevant Information ◽  
Criminal Proceedings ◽  
Legal Entity ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Right ◽  
Legal Entities

The article discusses some aspects of proving in cases of crimes against legal entities. The criminalistic description of the victim represented by a legal entity determines specific details of applying criminalistic and criminal procedure measures aimed at the identification, investigation, detection and prevention of such crimes. Under the current Criminal Procedure Code of the Russian Federation, one of the elements of ordering criminal proceedings is the protection of rights and legal interests of organizations that became victims of crimes. Part 1 of Art. 42 of the Criminal Procedure Code of the Russian Federation details this guideline for the first time by giving legal entities, viewed as independent subjects of criminal procedure legal relations, the right to be recognized as victims of criminal actions if the crime inflicted damage on their property or business reputation. Nevertheless, the imperfections in the regulation of legal entities’ participation in criminal proceeding, and the insufficient attention to the specifics of realizing their rights and legal interests in comparison with the physical persons of a similar procedural status give rise to numerous problems. The complex of such problems has a negative impact on the effectiveness of investigating this category of crimes and, as a consequence, on the ability of criminal proceedings to produce the intended result. The literal interpretation of Part 1, Art. 42 of the Criminal Procedure Code of the Russian Federation points out that the consequences of such crimes must include the infliction of two types of damage simultaneously — «to property and to business reputation», which can hardly be considered a good de­finition from the standpoint of juridical technique. Quite naturally, the investigation and court practice shows that law enforcers, while collecting proof on the character and size of damage inflicted on legal entities as a result of a crime, usually limit themselves to proving material damage, and even this damage is not proven in full (the common omission being losses of expected income). As for the damage inflicted on business reputation of a legal entity, its establishment during criminal proceedings is still problematic and, in practice, there is usually a gap in proving it. The authors point out that incomplete character of evidentiary information regarding the infliction of damage on the business reputation of legal entities is inadmissible and present their recommendations for resolving this problem, including the use of specialist knowledge and the improvements in the tactics of specific investigatory actions aimed at obtaining criminalistically relevant information on the case.

scholarly journals Religious groups and religious organizations in the Russian Federation: Legal aspects of activity

Prawo ◽  
2019 ◽  
Vol 327 ◽  
pp. 261-268
Author(s):  
Galina Kuleshova
Keyword(s):  
Russian Federation ◽  
Voluntary Associations ◽  
Legal Aspects ◽  
Religious Organizations ◽  
Legal Capacity ◽  
Legal Analysis ◽  
Federal Law ◽  
Religious Groups ◽  
Legal Entity ◽  
The Russian Federation

The article provides a legal analysis of the activities of religious groups and religious organizations. Activities of religious organizations are regulated by the Federal Law of 1997 which defines religious organizations as associations of citizens of the Russian Federation, other persons permanently and legally residing in the territory of the Russian Federation, formed for joint confession and dissemination of faith and registered as a legal entity recognized in the Russian Federation. Religious groups are voluntary associations of citizens carrying out activities without state legal registration and acquisition of a legal capacity as a legal entity. The authorʼs work is largely based on regional material.

scholarly journals Detention and Remand in Custody: Comparative Legal Analysis

2020 ◽  
Vol 15 (3) ◽  
pp. 145-153
Author(s):  
I. V. Karavaev
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Federal Law ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Law ◽  
The Difference

The paper analyzes the legal regulation of detention in custody of persons confined on suspicion of committing a crime, as well as of persons in respect of whom a measure of restriction in the form of remand in custody was chosen. The norms of the Federal Law “On detention in custody of suspects and accused of committing crimes”, as well as the Criminal Procedure Code of the Russian Federation relating to these relations are considered. The differences between the two types of custody are investigated: “detention” and “remand in custody”. The author identifies six fundamental criteria underlying the difference between the two types of custody: the grounds for the detention; a person or body authorized to decide on detention in custody; duration of custody; custodial facility; legal status of persons in custody; grounds for release. It is concluded that it is necessary to revise the Federal Law "On detention in custody of suspects and accused of committing crimes", changing its structure on the basis that the law actually regulates two independent processes: taking into custody when detaining a person and detention in custody when choosing a measure of restriction in the form of remand in custody.

Ensuring the Rights and Legal Interests of the Victim when Checking the Crime Report: A Comparative Legal Analysis of the Criminal Procedure Codes of the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 128-133
Author(s):  
Irina G. Smirnova ◽  
◽  
Ekaterina V. Alekseeva ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
Legal Analysis ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Procedure Code ◽  
The Russian Federation ◽  
Procedure Codes

The article presents a comparative legal analysis of the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the People’s Republic of China, which regulate the rights and powers of the victim within the framework of the stage of initiating a criminal case. The authors highlight several significant differences in the legal regulation of this issue. The differences are: the obligation to comply with the rules of jurisdiction in China at the stage of filing a statement of a crime, which is not required under the Code of Criminal Procedure of the Russian Federation; compulsory fingerprinting of a person when filing a crime report with a public security agency implemented in China; the existence of several types of preliminary checks (the list of activities carried out as part of these checks in China is open); intensive development of IT technologies and their introduction into the life of society, including for the fight against crime and ensuring law and order in society, in China.

scholarly journals The Principle of Responsibility for the Efficiency of Provision of State and Municipal Needs, Procurement Efficiency

2020 ◽  
Vol 15 (8) ◽  
pp. 75-83
Author(s):  
A. E. Katvalyan
Keyword(s):  
Russian Federation ◽  
Cost Effective ◽  
Federal Law ◽  
The Russian Federation ◽  
Legal Entities

The paper is devoted to the discussion of the principle of responsibility for the efficiency of provision of state and municipal needs, procurement efficiency. The paper investigates the balance between the principle of efficiency of procurement and the principle of efficiency of the use of budgetary funds consolidated in the Budget Code of the Russian Federation. The author underlines that the former principle complements the later. The author compares the principle of efficiency of procurement set forth in Federal Law of April 5, 2013, No. 44-FZ “On the contract system in the sphere of procurement of goods, works, services to ensure state and municipal needs,” and the principle of targeted and cost-effective spending of monetary funds enshrined in the Federal Law of July 18, 2011, No. 223-FZ “On procurement of goods, works, services by certain types of legal entities.” It is pointed out that in order to evaluate the effectiveness of procurement it is necessary to identify the main objectives and specific objectives, achievement of which will enable the evaluation of procurement as “effective” and “meaningful.”

scholarly journals The Development of the Legal Position of Legal Entities in Russian Criminal Proceedings

2021 ◽  
Vol 2 ◽  
pp. 48-53
Author(s):  
Galina I. Sedova ◽  
◽  
Yulia V. Drazhevskaya ◽  
Keyword(s):  
Historical Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Entity ◽  
State Register ◽  
Procedure Code ◽  
Legal Position ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The current Criminal Procedure Code of the Russian Federation, while securing the opportunity for a legal entity to participate in criminal proceedings, does not establish which organizations are to be understood as a “legal entity”. In this regard, this concept in the criminal process is often identified with the civil-legal definition of a legal entity, leaving behind its framework organizations that are not subject to registration in the Unified State Register of Legal Entities. Meanwhile, historical analysis indicates that legal entities were participants in criminal procedural relations long before the concept of “legal entity” was consolidated in civil legislation, as well as the establishment of the procedure for their registration. At the same time, starting from the XI century, the possibility of participation of legal entities in the criminal process was determined by criteria that have not lost their relevance at the present time.

JUDICIAL REFORM OF THE LATE 20TH – EARLY 21ST CENTURIES IN RUSSIA

2021 ◽  
Vol 11 (5) ◽  
pp. 191-221
Author(s):  
V.M. ZHUIKOV
Keyword(s):  
Russian Federation ◽  
Major Change ◽  
Civil Procedure ◽  
Judicial System ◽  
Judicial Reform ◽  
Federal Law ◽  
Current Trends ◽  
Procedure Code ◽  
The Russian Federation ◽  
Civil Cases

The author analyzes the reform of the Russian legislation regulating the activity of courts for consideration of civil cases, the reform, which began in the 1990s and continues to this day. Highlights the main stages of the reform related to the adoption of the Constitution of the Russian Federation 1993, changes in the judicial system, with the adoption of the Commercial Procedure Code of the Russian Federation in 1992, 1995, 2002, with a major change of Civil Procedure Code of the RSFSR 1964 and the entry into force of the current Civil Procedure Code of the Russian Federation, 2002. In addition, the author calls the current trends in the development of procedural legislation, including reforms made by Federal Law of 28 November 2018 No. 451-FZ.

scholarly journals Recovery of Damages from the Head of an Economic Entity: Legislation of the Russian Federation and Law Enforcement Practice

2019 ◽  
Vol 62 ◽  
pp. 10003
Author(s):  
Y.A. Dorofeeva ◽  
M.N. Zubkova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Good Faith ◽  
Legal Entity ◽  
Historical Method ◽  
Economic Entity ◽  
Legal Method ◽  
The Russian Federation ◽  
The Right ◽  
Legal Entities

A legal entity as a union recognized in law and absent as an independent entity outside the law, exists and carries out its activities through the governing bodies whose composition and competence are always predetermined by the norms of positive law. Undoubtedly, the rights of the governing bodies of a legal entity, as well as the duties of the head of the organization, must be strictly predetermined and have limits defined by law. Failure of this rule would mean the possibility of abuse of the right by the governing bodies of legal entities, their release from the obligation to lead the organization in good faith and reasonably, evasion from the fulfillment of obligations assumed by the legal entity through the sole executive body or another governing body of the organization. In order to prevent harm to the organization and third parties, the governing bodies of the legal entity, the legislator set certain rules for the activities of the governing bodies of the legal entity, as well as the grounds for applying measures of responsibility for violating such rules. The responsibility of the head includes the recovery of damages caused by his fault to a legal entity. The purpose of the study is to analyze the grounds and conditions for recovery of damages caused by the head of the organization in the legislation of the Russian Federation and arbitration practice. The objectives of the study are to determine the grounds for liability of the head of a legal entity in the form of damages, show the genesis of the formation of Russian legislation and the practice of its use by courts on recovering losses of a legal entity from the head of an organization, identify criteria for determining the presence of both good faith and reasonableness in the behavior of managers of legal entities, brought to responsibility in the form of the obligation to pay damages to the organization they lead. In carrying out the study, such methods were used as: general scientific - analysis, synthesis, comparison, generalization, historical method; private-scientific: formal-legal, comparative-legal, allowing to consider the issues of bringing to responsibility in the form of recovery of damages of the head of a legal entity; Formal legal method for determining the content of abstract categories - reasonableness, good faith, permissible behavior, method of system-structural analysis - to study the possibility of applying damages as a form of responsibility for the guilty behavior of a special entity - the head of a legal entity The result of the study is the establishment of the grounds and conditions for applying to the head (former head) of a legal entity responsibility in the form of recovery of damages caused to the organization managed by it, in the legislation of the Russian Federation and judicial practice. The findings and results of the study can be used for further research and as educational material, in legislative work and in law enforcement practice.

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