Pro-competitive tariff regulation: experience and prospects

The Russian Federation ◽

Current Experience

The article discusses the history, current experience and prospects of tariff regulation in Russia, the initiative of the FAS of Russia to develop and implement the Strategy of a new tariff policy, the adoption of the Federal law «On the basis of state regulation of prices (tariffs)»,the tasks of the tariff regulator for the development of the economy, arising from the Decree of the President of the Russian Federation of December 21, 2017 № 618 and related problems of synergy of competencies, innovation of tariff policy 2015-2017, features and prospects of changes in the current models of tariff regulation of the main natural monopolies of the country.Addressed to researchers, teachers, graduate students and students of law and economic universities, legislator, law enforcement agencies specializing in the regulation of natural monopolies.

On exemption from criminal liability for unlawful restriction of competition (the Article 178 of the Criminal Code of the Russian Federation)

Национальная безопасность / nota bene ◽

10.7256/2454-0668.2021.4.36121 ◽

2021 ◽

pp. 1-13

Author(s):

Ol'ga Evgen'evna Derevyagina

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Criminal Liability ◽

Criminal Code ◽

Federal Law ◽

The Subject ◽

The subject of this research is the notes to the Article 178 of the Criminal Code of the Russian Federation and the Article 14.32 of the Code of the Russian Federation on Administrative Offenses; foreign antimonopoly legislation on exemption and mitigation of liability for cartels; decisions of the plenums of higher judicial instances of the Russian Federation regarding the grounds and procedure for exemption from liability for cartel agreements; draft of the federal law on introducing amendments to the Article 178 of the Criminal Code of the Russian Federation and antimonopoly practice on cartels. The article aims to examine the grounds for exemption from criminal liability for cartel agreements, including in comparative-legal and interdisciplinary aspects. The novelty of this research consists in establishing extension of the grounds for exemption from liability in the Russian legislation to all cartel participants (unlike foreign legislation, according to which the cartel facilitator is not exempt from liability). This article is firs to provide interpretation to scantily studied questions of the procedure for realization of the conditions of exemption from criminal liability: the instance, when the cartel participant is still able to declare the restriction of competition to law enforcement agencies, and other measures of reparation of the inflicted damage. The author proposes a method for unification of the the grounds for exemption from liability stipulated by the Article 178 of the Criminal Code of the Russian Federation and the Article 14.32 of the Code of the Russian Federation on Administrative Offenses. The acquired results can be applied in the activity of law enforcement agencies.

Interpretation of certain aspects of criminal restriction of competition

Право и политика ◽

10.7256/2454-0706.2021.7.36074 ◽

2021 ◽

pp. 48-58

Author(s):

Ol'ga Evgen'evna Derevyagina

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Criminal Responsibility ◽

Criminal Code ◽

Practical Implementation ◽

Federal Law ◽

Tax Legislation ◽

The Subject ◽

The subject of this research is the norms of antimonopoly legislation aimed at prevention and suppression of cartels, the norms of tax legislation that define the income and establish special tax regime for professional income, the norms of the Chapter 22 of the Criminal Code of the Russian Federation, the draft federal law on amendments to the Article 178 of the Criminal Code of the Russian Federation, and practical implementation of the Article 178 of the Criminal Code of the Russian Federation. The goal of this research is to examine the concept of income derived by the cartel; establish whether self-employed citizens can be the subject of an offence under this category, and clarify the criminal responsibility of the parties to the cartel agreement. The novelty consists in the fact that this article is first to examine the question of attributing the individuals conducting business activity under the special “Professional Income Tax” regime (self-employed citizens) to economic entities (i.e., parties to the cartel agreement). The effective legislation indicates that self-employed citizens do not belong to this group, as they are not state registered. A substantiation is made that a conscious neglect or an indifference to such socially dangerous consequence as income unfeasible: the cartel agreement is aimed at derivation of sizeable income. A consciously indifferent attitude is possible only towards such socially dangerous consequence as infliction of considerable damage. The field of application of acquired results is the activity of law enforcement agencies.

On the harmonization of anti-terrorist legislation norms

Ius Publicum et Privatum ◽

10.46741/2713-2811-2021-2-86-90 ◽

2021 ◽

Vol 2 (12) ◽

pp. 86-90

Author(s):

A. V. SAVINSKY ◽

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Criminal Code ◽

Federal Law ◽

Search Activity ◽

Terrorist Activity ◽

Judicial Practice ◽

The Russian Federation ◽

Definition Of

Measures are being taken in Russia to improve anti-terrorist legislation, with special attention paid to increasing the counter-terrorism potential of the Criminal Code of the Russian Federation. However, the current anti-terrorism regulations are not without drawbacks. Thus, terrorist activity is interpreted differently in Art. 3 of the Federal Law "On Countering Terrorism" and Art. 205.2 of the Criminal Code of the Russian Federation, which leads to contradictory investigative and judicial practice. The solution is seen in the unification of the definition of terrorist activity and the definition in the wording of the Criminal Code of the Russian Federation looks preferable. It is noted that the legal support for the operational penetration of law enforcement agencies into terrorist structures does not meet the requirements, since the norm of Part 4 of Art. 18 of the federal law "On operational-search activity" (contains an operational-search basis for active repentance) remains inoperative due to the lack of its incorporation into the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation. The article formulates additions to these codified federal laws, which will legitimize the operational-search basis for active repentance.

Institute for assurances and its implementation in the penal system in the framework of the Federal Law of 05.04.2013 No. 44-FZ “On contract system in procurement of goods, works, services for state and municipal needs”

Vestnik Kuzbasskogo instituta ◽

10.53993/2078-3914/2020/2(43)/162-170 ◽

2020 ◽

pp. 162-170

Author(s):

Екатерина Станиславовна Брылякова ◽

Тамара Викторовна Шепель

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Civil Law ◽

Civil Code ◽

Penal System ◽

Federal Law ◽

Legal Obligations ◽

Legal Nature ◽

Статья посвящена анализу нового института гражданского права «заверения об обстоятельствах», нашедшего легальное отражение в гражданском законодательстве РФ только после принятия Федерального закона РФ от 08.03.2015 № 42-ФЗ «О внесении изменений в часть первую Гражданского кодекса Российской Федерации». При этом с появлением данного института возникла полемика относительно его правовой природы и отнесения к институту преддоговорной ответственности как его разновидности или как одной из гарантий обязательственных правоотношений. Актуальность темы обусловлена еще и анализом возможности реализации института заверений об обстоятельствах в контексте Федерального закона от 05.04.2013 № 44 «О контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд» в части защиты интересов заказчиков и одного из элементов антикоррупционной составляющей. Ряд правоприменителей категорически не допускают возможности реализации исследуемого института в контрактной системе. Кроме того, в правоприменительной сфере возникает дискуссионный вопрос относительно интерпретации заверений об обстоятельствах и их применении в обязательственных правоотношениях. В статье предпринята попытка определить правовую природу института заверений об обстоятельствах и ответственности за недостоверные заверения, а также обосновать возможность его реализации в контрактной системе в сфере закупок товаров, работ и услуг для обеспечения государственных и муниципальных нужд, в том числе для нужд уголовно-исполнительной системы. This article is devoted to the analysis of a new institution of civil law “assurances of circumstances”, which was legally reflected in the civil legislation of the Russian Federation only after the adoption of the Federal law of the Russian Federation from 08.03.2015 № 42-FZ “On amendments to part one of the Civil code of the Russian Federation”. At the same time, with the appearance of this institution, there has been a lot of controversy regarding its legal nature and the attribution to the institution of pre-contractual liability as its variety or as one of the guarantees of legal obligations. The relevance of the topic due to the analysis of the feasibility of the Institute for assurances in the context of the Federal law of 05.04.2013 № 44 “On contract system in procurement of goods, works, services for state and municipal needs” in terms of protecting the interests of customers and one of the elements of the anti-corruption component. A number of law enforcement agencies categorically do not allow the possibility of implementing the research Institute in the contract system. In addition, in the law enforcement sphere, there is a debatable issue regarding the interpretation of assurances about circumstances and their application in legal relations of obligations. The article attempts to understand the concept and legal nature of the institution of assurances about circumstances and to justify the possibility of its implementation in the contract system in the field of procurement of goods, works and services for state and municipal needs, including for the needs of the penal system.

The Prosecutor as a Coordinator of the Law Enforcement Activities in the Fight Against Crime

Legal Concept ◽

10.15688/lc.jvolsu.2021.2.3 ◽

2021 ◽

pp. 21-25

Author(s):

Anatoly Kruglikov

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

National Guard ◽

Federal Law ◽

Criminal Proceedings ◽

Presidential Decree ◽

The Russian Federation ◽

The Law

Introduction: the paper analyzes some problems of coordinating the activities of the law enforcement agencies in the fight against crime, and the role of the prosecutor in this activity. The author notes that the achievement of significant positive results in the fight against crime is only possible with a clear coordination of the actions of the law enforcement agencies carried out in accordance with the law. These bodies are named in the Regulation on the coordination of the activities of law enforcement agencies in the fight against crime approved by Presidential Decree No. 567 of April 18, 1996, with the subsequent amendments by other Decrees of the President of the Russian Federation, the latest of which is Decree No. 640 of December 31, 2019. Such bodies are: the bodies of internal affairs of the Russian Federation, bodies of the Federal Security Service, troops of the National Guard of the Russian Federation, bodies of the criminal executive system of the Russian Federation, bodies of compulsory enforcement of the Russian Federation, customs bodies of the Russian Federation, investigative bodies of the Investigative Committee of the Russian Federation and some other bodies. In accordance with Part 1 of Article 8 of the Federal Law “On the Prosecutor’s Office of the Russian Federation”, the activities of the law enforcement agencies to combat crime are coordinated by the Prosecutor General of the Russian Federation, the prosecutors of the subjects of the Russian Federation, cities, districts and other territorial prosecutors, as well as military and other specialized prosecutors equated to them. In accordance with the above-mentioned Provision, the objectives of coordination are to increase the efficiency of fight against crime by developing and implementing coordinated measures by these bodies for the timely detection, solving, suppression and prevention of crimes, eliminating the causes and conditions that contribute to their commission. When writing the work, various methods of scientific knowledge were used: systematicity, analysis, synthesis, the formal-legal one, etc. Results: the author considers the basic principles of coordination of the activities of the law enforcement agencies, its main directions and forms. Conclusions: the practice of coordinating the activities of the law enforcement agencies should be constantly analyzed to study the best practices in the prevention and detection of crimes, the protection of the rights and freedoms of citizens in criminal proceedings, and to take into account the essence of court decisions made based on the results of the reviewed activities.

Geographical Indications in Russia: Federal Law 230-FZ of 26 July 2019

GRUR International ◽

10.1093/grurint/ikab056 ◽

2021 ◽

Author(s):

Natalia Kapyrina ◽

Viacheslav Rybchak

Keyword(s):

Ethyl Alcohol ◽

Russian Federation ◽

Civil Code ◽

State Regulation ◽

Geographical Indications ◽

Federal Law ◽

Abstract Federal Law 230-FZ of 26 July 2019 modifying Part Four of the Civil Code of the Russian Federation and Arts. 1 and 231 of the Federal Law ‘On State Regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limitation of the consumption (drinking) of alcoholic products’

Specifics of some anti-corruption measures in Russia within the framework of public and state security

Current Issues of the State and Law ◽

10.20310/2587-9340-2020-4-16-541-547 ◽

2020 ◽

pp. 541-547

Author(s):

Tatyana Plotnikova ◽

Andrey Paramonov

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Criminal Procedure ◽

Presumption Of Innocence ◽

Criminal Proceedings ◽

State Security ◽

Procedure Code ◽

Illegal Acts ◽

In the current difficult conditions for the economy of our state, corruption crimes represent a higher level of danger. It is necessary to reform anti-corruption activities in order to increase its effectiveness. One of the radical measures in the field of anti-corruption will be the abolition of the presumption of innocence for corrupt illegal acts. The presumption of inno-cence is a fundamental and irremovable principle of criminal law, which is enshrined in article 14 of the Code of Criminal Procedure of the Russian Federation. Violation of this principle is impossible for criminal proceedings, but modern circumstances require timely, prompt, and sometimes radical so-lutions. It is worth not to neglect the measures of “insuring” on the part of law enforcement agencies, since otherwise it will increase the share of cor-ruption crimes in law enforcement agencies. The content of paragraph 4 of article 14 of the Criminal Procedure Code of the Russian Federation is man-datory even if the presumption of innocence for corruption crimes is can-celed: “A conviction cannot be based on assumptions”. At the same time, the principle of differentiation of punishment will be implemented by assigning the term of imprisonment from the minimum to the maximum, depending on the severity of the illegal act.

Law enforcement practice in the field of budget: theoretical-legal and judicial-arbitration aspects

10.12737/1692575 ◽

2021 ◽

Author(s):

Hristina Peshkova ◽

Vladimir Pachkun

Keyword(s):

Law Enforcement ◽

Graduate Students ◽

Russian Federation ◽

Financial Control ◽

Constitutional Court ◽

Educational Organizations ◽

Judicial Practice ◽

Legal Provisions ◽

The Supreme Court ◽

The monograph examines the practical aspects of the application of the budget legislation of the Russian Federation in judicial practice — the practice of the Supreme Court of the Russian Federation and arbitration courts, as well as the functions of the Constitutional Court of the Russian Federation on the interpretation of budget legislation. The article analyzes the theoretical and legal provisions of law enforcement activities in the field of the budget, as well as the categories of budget and legal science. For legal scientists, graduate students, students of legal educational organizations, as well as practitioners of courts, financial control bodies and other state and municipal institutions.

Systematization and improvement legal regulation of the use of artificial intelligence in law enforcement

Russian Journal of Legal Studies ◽

10.17816/rjls34958 ◽

2020 ◽

Vol 7 (1) ◽

pp. 106-112

Author(s):

Vadim K. Barchukov

Keyword(s):

Artificial Intelligence ◽

Law Enforcement ◽

Russian Federation ◽

Information Technologies ◽

Ethical Issues ◽

Legal Regulation ◽

Information Support ◽

Effective Work ◽

The article systematizes legal acts at the international, Federal and departmental levels on the use of artificial intelligence in law enforcement. In particular, at the international level, the corresponding legal act, according to the author, should contain three components of legal regulation: 1) regulate the organization and construction of an artificial intelligence system between States; 2) determine the principles of functioning of artificial intelligence; 3) regulate the ethical issues of using artificial intelligence. The legal basis for the use of artificial intelligence systems in law enforcement at the Federal level, in addition to the Constitution of the Russian Federation, should be the Strategy for the development of the information society in the Russian Federation (Strategy) for 2017-2030, as well as some special Federal laws (for example, the Law of Moscow), which are designed to specify the mechanism for using the advantages of artificial intelligence in all spheres of public life, including law enforcement. The author notes that the mentioned strategy defines only the General provisions of the state policy on the development of information technologies and artificial intelligence technologies. At the same time, the implementation of national interests outlined in the Strategy is impossible without the effective work of law enforcement agencies, whose functioning, in turn, is impossible without a well-built system of interaction between information support and artificial intelligence. The final part of the paper presents some proposals for improving the legal regulation of the use of artificial intelligence in law enforcement, in particular, justifies the need to adopt a national Doctrine for the use of a Unified system of information support and artificial intelligence in the activities of law enforcement agencies.

FORMS AND METHODS OF PARTICIPATION OF PRIVATE SECURITY GUARDS AND VOLUNTARY PEOPLE'S PATROL IN RESPONSE TO ILLEGAL TRAFFICKING OF WEAPONS

Current Issues of the State and Law ◽

10.20310/2587-9340-2018-2-8-78-95 ◽

2018 ◽

pp. 78-95

Author(s):

Denis Mikhaylovich Denisov

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Negative Impact ◽

National Guard ◽

Criminal Code ◽

Private Security ◽

Security Guards ◽

Security Issues ◽

In this study, the issues of the state of counteraction of law enforcement agencies of the Russian Federation to illegal trafficking in weapons, explosives and ammunition at the present stage are considered. Given the meetings directions of heads of divisions of law-enforcement agencies, Federal National Guard Troops Service, Federal Security Service, Public Prosecution Office, Security Council of the Russian Federation on the specified question. Noted the importance of prevention in this area of work, based on the past redundancy of personnel of the MIA of Russia and increasing the role of the public (voluntary people's patrol, private security company) in security issues. Among other things, were touched upon the issues of the negative impact of the global Internet network on the spread of illegal methods of manufacturing of weapons, ammunition and explosives. Presented the statistical data on detection and suppression of crimes under articles 222–226 of the Criminal Code of the Russian Federation. The purposes, causes and conditions of illegal arms trafficking, as well as the composition of criminal acts related to this type of illegal acts are considered, the gaps in the current legislation are pointed out. Examples of control preventive measures and their results are given. Particular attention is paid to the forms and methods of participation of private security guards and members of voluntary people's patrol in the prevention, prevention and suppression of the spread of illegal weapons, ammunition and explosives, as well as reducing the risk of accidents, crimes related to the use of socially dangerous objects and substances.