Expert evaluation of the legislative activity of the federal bodies of executive authorities of the Russian Federation: problems of theory and practice

Author(s):  
G. Ruchkina ◽  
◽  
A. Popova ◽  

2018 ◽  
Vol 24 (3) ◽  
pp. 522-536 ◽  
Author(s):  
A.S. Lozhechko ◽  


Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 465-483
Author(s):  
Larisa V. Zajceva ◽  
◽  
Oksana A. Kursova ◽  

The study of the legal personality of citizens recognized as legally incompetent by the court is timely and relevant in the light of the recent changes in the civil legislation of the Russian Federation, as well as the emerging trends in the development of judicial practice. In the doctrine of labor law, the legal personality of individuals is observed as an independent category of labor law, differing in this capacity from other related legal categories, in particular from civil legal capacity and legal capacity. At the same time, the labor legislation of the Russian Federation has made an unsuccessful attempt to receive the norms of civil legislation in relation to the employer — an individual who is recognized incapable by the court. At the moment, the Russian legislator with regard to the possibility of concluding an employment contract on the part of an employee recognized as legally incompetent took the position of “qualified silence”, which today can hardly be called successful for a number of reasons indicated in the proposed study. The study of the legal personality of citizens recognized as incapable makes it possible to assess the level of compliance of Russian legislation with international social and labor standards, determine the vectors for its further development and improvement in terms of optimal protection of human rights and citizenship. The main methods of the research were system and complex analysis of regulatory legal acts of the Russian Federation and a number of other countries and international organizations; Comparative method, which made it possible to compare the international regulation of the participation of incompetent citizens in the work activity with Russian labor legislation, as well as the labor legislation of certain countries of the near and far abroad; Method of expert assessment, based on the analysis of court decisions and scientific publications on the participation of incapacitated persons in labor relations. The results of the study are both theoretical and practical, and suggest some directions for improving the labor legislation of the Russian Federation on the participation in labor relations of citizens recognized by the court as legally incompetent.



2014 ◽  
Vol 2 (25) ◽  
pp. 42 ◽  
Author(s):  
Alexander Mikhailovich Plotnikov ◽  
Yury Ivanovich Ryzhikov ◽  
Boris Vladimirovich Sokolov ◽  
Rafael Midkhatovich Yusupov


2020 ◽  
Vol 10 ◽  
pp. 46-51
Author(s):  
Andrey L. Ivanov ◽  

The article substantiates the solution of some of the issues of qualification of murder discussed in theory and practice in order to use human organs or tissues, the results of a study of judicial practice, in which clarifications of the Supreme Court of the Russian Federation on this topic were applied.



2018 ◽  
Vol 212 ◽  
pp. 04003 ◽  
Author(s):  
Mark Meerovich

The article criticizes the strategy of spatial development of Russia, legally stated in the government document “The Strategy of Spatial Development of the Russian Federation for the period up to 2030. A Draft Concept”, released by the Ministry of Economic Development (2016). The author argues that the Strategy only states the existing situation, but does not enumerate a set of measures that are to be undertaken to strengthen the possibility of implementing any development scenario, and does not outline the ways of making assumptions a reality. The paper proves that the postulates of the Soviet settlement doctrine and urban planning theory still deeply impact the contemporary theory and practice of territorial planning.



2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Екатерина Ганичева ◽  
Ekaterina Ganicheva ◽  
Андрей Габов ◽  
Andrey Gabov ◽  
Мария Глазкова ◽  
...  

This publication is the result of collective discussion at the Institute of Legislation and Comparative Law under the Government of the Russian Federation of the Concept of a common code of civil procedure adopted in 2014. The article deals with the problem of harmonization of legislation governing the consideration of the various categories of cases within the jurisdiction of the courts of general jurisdiction and arbitration courts. Particular attention is paid to the problems of access to justice, coordination of legislative activity, taking into account the future prospects of unification of the rules and institutions governing the procedural arrangements of civil, administrative and criminal proceedings. The article describes the objective relationship between the development of an of procedural law and the law on the judicial system, which must be taken into account when solving problems to ensure the effective operation of the courts at all stages of trial and in all judicial instances. Certain problems that arose after the unification of the higher judiciary authorities are reviewed, recommendations aimed at improving the structure and organizational forms of the Supreme Court of the Russian Federation are given.



Author(s):  
Светлана Зайкова ◽  
Svetlana Zaykova

The training manual discusses the theoretical foundations of state regulation of yen (tariffs) in the Russian Federation, especially the formation and development of administrative pricing, as well as issues of administrative responsibility for violation of the order of pricing. Various opinions of scientists on the topic are covered, questions and tasks for independent work, practical tasks, test tasks, topics for abstracts and reports, a list of the main regulatory legal acts and sources of literature are given. The manual is designed to meet the requirements of the GEF IN the areas of training 030900 " Jurisprudence "(master's level), 40.03.01" Jurisprudence "(bachelor's level), 40.05.04" Judicial and prosecutorial activities " (level of specialty). It is addressed to students, graduate students, teachers of economic and law universities and faculties; researchers and practitioners; a wide range of readers interested in the theory and practice of Russian administrative pricing. Designed for practical training in the disciplines of "Administrative law", "Financial law", "Pricing", "State regulation of the economy."



Author(s):  
N.V. Kuznetsova

The article considers contractual grounds for termination of civil obligations: compensation, innovation, debt forgiveness. The paper notes some problems of the application of Articles 409, 414, 415 of the Civil Code of the Russian Federation in judicial practice, analyzes the issues of the ratio of compensation and innovation, the differentiation of these contracts. The problems of qualification of agreements on the grounds for termination of obligations in law enforcement practice and the question of applying the principle of freedom of contract to the relations under consideration are considered. It is noted that at present the practice of applying the legislation on compensation has changed significantly. Despite the restrictions established by the norm of Article 409 of the Civil Code of the Russian Federation, judicial practice allows the possibility of using works and services as a subject of compensation, which leads to problems of distinguishing such contractual grounds for termination of obligations as compensation and innovation. With regard to the innovation, an analysis of the provisions on the possibility of novating the penalty into a loan obligation is given. A problematic issue is the legal qualification of debt forgiveness as a basis for termination of an obligation. It is noted that the contractual nature of debt forgiveness should be taken into account. Acceptance of notification by the debtor's creditor of his release from the performance of his duty is the silence of the debtor (clause 2 of Article 438 of the Civil Code of the Russian Federation). The article also considers the question of the ratio of debt forgiveness and donation. The analysis of judicial practice shows that the courts do not consider debt forgiveness as a gift, except in cases when the creditor released the debtor from the performance of the obligation free of charge. In this case, the norms of Article 168 of the Civil Code of the Russian Federation and paragraph 4 of Article 575 of the Civil Code of the Russian Federation are subject to the application of debt forgiveness.



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