scholarly journals LAND EXPERTISE OF AUTHORIZED RECONSTRUCTION ON THE EXAMPLE OF A RESIDENTIAL BUILDING

2021 ◽  
Vol 3 (2) ◽  
pp. 145-151
Author(s):  
Daria V. Parkhomenko
Keyword(s):  
Life Cycle ◽  
Land Management ◽  
Russian Federation ◽  
Residential Building ◽  
Residential Development ◽  
Unified Approach ◽  
Land Plot ◽  
The Status ◽  
The Russian Federation ◽  
First Time

Unauthorized construction, including unauthorized reconstruction, is a frequent violation of building and land management norms in the regulation of low-rise residential development in the Russian Federation. Giving the status of legality to such buildings is possible only in court, which is always accompanied by a judicial land management (cadastral) examination. At the same time, there are currently no requirements for its implementation. The author also observes a tendency for a lack of a unified approach to measurements, to state cadastral registration and to the life cycle of an unauthorizedly reconstructed building. In this article, using the example of the analysis of compliance with the distances from newly erected walls or other elements of the construction object in the process of (unauthorized) reconstruction to the boundaries of the land plot and to neighboring buildings, for the first time, an approach to the forensic land management examination of this type is systematized.

Economic effectiveness of cost indicators of land expertise activities

2021 ◽  
Author(s):  
E.V. Provalova ◽  
O.N. Tsapovskaya ◽  
N.V. Khvostov ◽  
Y.V. Ermoshkin ◽  
E.V. Andreeva
Keyword(s):  
Land Management ◽  
Russian Federation ◽  
Economic Benefit ◽  
Economic Effectiveness ◽  
Cost Estimate ◽  
Land Plot ◽  
Land Surveying ◽  
Forensic Institutions ◽  
The Russian Federation ◽  
The Cost

The article discusses the establishment of the actual costs of land surveying expertise in the Russian Federation nowadays. The standard indicators of the cost in a typical land management examination for state forensic institutions of the Russian Federation were determined in this paper. The actual calculation of the cost estimate for the land management examination was made here as well by example of the division of a land plot for land share allocation in accordance with the title documents of the owner. The potential economic benefit of expert institutions (commercial allowance of organizations) was calculated in this paper as well.

Determining the Ownership of a Land Plot to the Category of Forest Lands

2020 ◽  
Vol 8 ◽  
pp. 105-109
Author(s):  
N. D. Vershilo ◽  
◽  
T. A. Vershilo ◽  
Keyword(s):  
Russian Federation ◽  
Federal Law ◽  
Land Plot ◽  
The Russian Federation ◽  
Forest Lands

The article analyzes the Federal law of 29.07.2017 No. 280-FZ «On amendments to certain legislative acts of the Russian Federation». In order to eliminate contradictions, the problematic issues of determining the ownership of a land plot to the lands of the forest Fund are considered.

The Certainty of the Legal Status of Court Secretary and Court Clerk in Federal Courts

2020 ◽  
Vol 6 ◽  
pp. 26-34
Author(s):  
E. V. Gerasenko ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Civil Service ◽  
Federal Courts ◽  
Scientific Methods ◽  
Level Of Education ◽  
Additional Qualification ◽  
The Status ◽  
The Russian Federation

Employees of the federal courts' apparatus, in accordance with the current regulations, are public civil servants. In practice and in existing scientific research there is an approach to determining the legal status of this category of public servants through their duties, without specifying the specific requirements for candidates for the position to be filled. The purpose of this study is to define additional qualification requirements to be imposed on the applicant for the position of State Civil Service «Court Secretary» in court, in addition to those contained in the Federal Law «On State Civil Service of the Russian Federation» and orders of the Judicial Department of the Supreme Court of the Russian Federation. The tasks of this work are to study the theoretical foundations of the concept of «status of a State civil servant », to compare federal legislation, decrees of the President of the Russian Federation, decisions and other acts of ministries and departments in the field of the State civil service in the apparatus of federal courts; Justification for the need to include in the status of a public servant serving in the court apparatus additional requirements for the level of education. The methodological basis of the present study was the general scientific methods such as analogy, derivation, system analysis, as well as the private scientific methods: formal-logical, technical-legal and comparativelegal in their various combinations. The study concluded that it was necessary to distinguish the status of federal court staff according to the level of education required to replace a public civil service post, in particular the «Registrar of the Court».

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

New draft Federal law "Land Management" Is full of flaws

2021 ◽  
Author(s):  
I.D. Stafiychuk ◽  
A.N. Kutliyarov ◽  
D.N. Kutliyarov ◽  
A.D. Lukmanova ◽  
R.R. Khisamov ◽  
...  
Keyword(s):  
Natural Resources ◽  
Land Management ◽  
Russian Federation ◽  
Industrial Complex ◽  
Federal Law ◽  
Land Relations ◽  
The Russian Federation ◽  
The Government ◽  
Wide Experience ◽  
State Registration

The article considers a new version of the draft Federal Law "Land Management" finalized after consideration with the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) of the Department of Natural Resources, Land Relations and Agro-Industrial Complex of the Government of Russia and submitted on December 11, 2020 for approval in the Ministry of Agriculture of the Russian Federation. The article contains critical remarks and proposals, and also underlines the necessity to take wide experience of our country into account.

scholarly journals Search in Criminal Procedure of Russia and Germany: Comparative Legal Characteristics

2018 ◽  
Vol 50 ◽  
pp. 01159
Author(s):  
Anton Shamne
Keyword(s):  
Comparative Analysis ◽  
Federal Republic ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Federal Republic Of Germany ◽  
Procedure Code ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Similarities And Differences

The article compares the Criminal Procedural Codes provisions of the Russian Federation and the Federal Republic of Germany that regulate conducting a search as an investigative act. It also provides and compares the definitions of the concept “search” and “dwelling” given in Russian and German criminal procedural legislation. The reasons for conducting the search in general and the search of dwelling are considered, similarities and differences are revealed in relation to the status of the subject who is under the search. The author characterizes the search of dwelling and gives a comparative analysis of this investigative action as well as the notion of “urgent cases” in both countries. The authors also proposed some brief recommendations for improving the norms of the Russian Federation Criminal Procedure Code.

scholarly journals ANALYSIS OF THE CAUSES OF ACCIDENTS AT DIFFERENT STAGES OF LIFE CYCLE OF THE CONSTRUCTION OBJECT

2020 ◽  
pp. 17-22
Author(s):  
A. Lapina ◽  
A. Ponomarenko ◽  
K. Shencova ◽  
A. Kotesova
Keyword(s):  
Life Cycle ◽  
Russian Federation ◽  
Load Bearing ◽  
Life Cycle Design ◽  
The Russian Federation ◽  
Hydrogeological Studies ◽  
Construction Operation ◽  
Design Construction ◽  
Insufficient Number

the article deals with the main causes of accidents of buildings and structures that occurred due to errors made at different stages of their life cycle (design, construction, operation). A brief analysis of the accidents that occurred from 2010 to 2017 in the Russian Federation is presented. The study of the causes of accidents makes it possible to understand better the laws of structures, buildings and structures, to identify errors that lead to emergencies. Such errors include: low quality of construction and installation works, deviation from the project in the construction of buildings and structures, the use of materials of inadequate quality, overload of load-bearing structures during operation. Also, the causes of accidents include defective engineering-geological and hydrogeological studies of the grounds. Analysis of accidents showed that the last few years there is no tendency to reduce the number of accidents of buildings and structures, which indicates an insufficient number of measures to prevent them. In the article the authors consider the examples of accidents in construction, which occurred due to the main reasons, and ways to prevent accidents in the future.

scholarly journals About the Results of Monitoring Researches of Ballast Waters and Data of Identification of the Vibrioes Strains Selected During the Ships Researches in Russian Seaports in 2018

2020 ◽  
Vol 97 (1) ◽  
pp. 55-61
Author(s):  
S. Yu. Vodyanitskаyа ◽  
O. V. Sergienko ◽  
N. G. Ivanova ◽  
V. V. Balachnova ◽  
I. V. Arkhangelskаya ◽  
...  
Keyword(s):  
Russian Federation ◽  
Ballast Water ◽  
International Convention ◽  
International Standard ◽  
E Coli ◽  
Ballast Waters ◽  
Rostov Region ◽  
Intestinal Infections ◽  
The Russian Federation ◽  
First Time

Relevance. In September, 2017 the International Convention on Control of Ships’ Ballast Waters and sediments, in which the Russian Federation takes part, came into effect.Aim of article is to cover the results of implementation of the Convention in Russia, regarding selection and analysis of ballast waters tests for compliance with the international standard.Material and methods. The materials for work were data on ship arrivals at the international seaports of the Russian Federation, provided by sanitary and quarantine departments of the Russian ports, and monitoring researches of ballast waters in seaports of some regions of the Russian Federation. Analytical, bacteriological, molecular methods were applied.Results. The studies of ballast waters in the Leningrad and Kaliningrad regions have been conducted for the first time in 2018, and in the Rostov region the study lasts since 2010. The laboratory researches of ships’ ballast showed that E. coli, Enterococcus spp. were in norm, V. cholerae O1 and O139 in ballast were absent. 12 of 21 ballast water tests investigated by specialists of the Rostov region laboratories contained V. cholerae non-O1/non-O139, ballast was taken on the ships which arrived from Romania and Turkey.Сonclusion. The results of the molecular and genetic researches suggest that there is a probability of V. сholeraе introduction brougth with ship ballast. Management decisions are demanded to ensure biological safety of shipping and to decrease intestinal infections incidence in residents of the seaside cities.

scholarly journals Constitutional-Legal and Administrative-Legal Bases of the Status of Migrants

2020 ◽  
Vol 6 (2) ◽  
pp. 263-267
Author(s):  
S. Popova ◽  
Yu. Chernov
Keyword(s):  
Russian Federation ◽  
Social Order ◽  
Theoretical Aspect ◽  
Legal Basis ◽  
The Rule Of Law ◽  
Current State ◽  
The Status ◽  
Internal Migrants ◽  
The Russian Federation

The study of the constitutional and legal basis of the status of migrants will allow to determine and summarize the rights and obligations of these persons, which significantly affect the formation of legal social order. This article discusses the constitutional, legal and administrative basis of the status of migrants, regulated by the legislation of the Russian Federation. Considering the issue of the current state of the migration legislation of the Russian Federation, the theoretical aspect of migration as the mobilization of people to change their permanent residence is highlighted. The causes of this phenomenon and the classification of categories of migrants are determined. The definitions of external and internal migrants are differentiated, on the basis of which the constitutional norms of foreign persons who entered the territory of the Russian Federation are further studied. According to Federal laws, the basic rights and obligations of immigrants who entered the Russian Federation for different definitions of reasons and circumstances are distinguished. The article considers the administrative and legal basis of the status of migrants in the context of violation of the rule of law according to the norms of the Code of administrative violations. The Institute of citizenship is singled out as a status that directly affects the scope of individual rights and freedoms, which allows it to be singled out as a special status of a migrant. In conclusion, the above topic is summarized.

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