Imposition of Restrictions on Payments with Cash Breaks the Principle of Proportionality of the Law

2021 ◽  
Vol 144 (5) ◽  
pp. 110-115
Author(s):  
Sergej I. Lutsenko ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Consumer Protection ◽  
Civil Law ◽  
The Russian Federation ◽  
Ministry Of Finance ◽  
The Law ◽  
Principle Of Proportionality ◽  
Stimulation Of

The author considers the initiative from the Ministry of Finance of the Russian Federation about restriction of payments with cash from citizens. The argument of imposition of restrictions from the Ministry of Finance is stimulation of non-cash payments and also the method of fight against doubtful transactions. The similar initiative is contrary to peremptory rules of the Constitution of the Russian Federation, the civil law of the Russian Federation, also to the consumer protection law.

scholarly journals An Alternative View of the Legal Regulation of Civil Law Relations in the Digital Economy

2021 ◽  
Vol 16 (8) ◽  
pp. 52-62
Author(s):  
L. G. Efimova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Digital Economy ◽  
Civil Code ◽  
Alternative View ◽  
Electronic Document ◽  
Digital Rights ◽  
The Russian Federation ◽  
The Law

The paper substantiates the author’s proposal to amend the Civil Code of the Russian Federation, which is explained by the gradual creation of a digital economy in the Russian Federation. In particular, the author has examined and solved the following problems of the legal regulation of civil law relations in the context of digitalization: the problem of identifying the object of digital rights, the problem of legal qualification of the electronic form of the transaction, the problem of using a smart contract in civil transactions, the problem of using blockchain technology to create mixed payment systems. The paper proposes a non-standard solution to each of these problems—the author has prepared a draft federal law "On Amendments to Parts One and Two of the Civil Code of the Russian Federation in terms of legal relations arising in cyberspace." In particular, the author proposes to define digital rights as the absolute and relative rights to digital property named in this capacity, the content and conditions of implementation of which are determined by the law and the rules of the information system (protocol) that meets the characteristics established by the law. In the author’s opinion, an electronic document can exist in the form of a machine information file of any format or a computer program that meets the characteristics of an electronic document.

CIVIL LIABILITY IN THE TOURISM ACTIVITIES UNDER THE LAWS OF RUSSIA

2020 ◽  
Vol 10 (4(73)) ◽  
pp. 52-56
Author(s):  
T.S. Ragimov
Keyword(s):  
Russian Federation ◽  
Consumer Protection ◽  
Civil Liability ◽  
The Russian Federation ◽  
The Law

Based on the analysis of the civil legislation of the Russian Federation, the article considers the features of civil liability in the field of tourism. Analyses the specific provisions of the Law of the Russian Federation "About bases of tourist activity in the Russian Federation and Russian Federation Law "On consumer protection". In the process of research, special attention is paid to the specifics of tourist services and tourist activities as an object of civillaw. In the course of the research, the author came to the conclusion that the truncated structure of civil liability is applied to relations in the field of tourism

On the development and implementation of regional law-making policy in the field of support and stimulation of innovative activity (on the example of the Tambov Region)

2021 ◽  
pp. 253-270
Author(s):  
Vasilii V. Trofimov
Keyword(s):  
Russian Federation ◽  
Technology Innovation ◽  
Innovative Activity ◽  
Federal Level ◽  
Science Technology ◽  
The Russian Federation ◽  
The Law ◽  
Law Making ◽  
Stimulation Of

The work raises an issue of development and implementation of the Russian regional law-making policy in the direction of ensuring innovative activity. The Tambov Region is regarded as a region for scientific and practical generalizations, conclusions, and recommendations. Some lagging of the regional levels behind similar policies at the federal level, where a significant number of legislative acts regulating innovation relations have been adopted, is stated. The legislative prescriptions that determine the task of developing innovative relations for the constituent entities of the Russian Federation, including through purposeful lawmaking in this direction, are indicated. It is proved that, according to the Constitution of the Russian Federation, the authorities of the constituent entities of the Russian Federation have a sufficient number of powers to pursue a law-making and power-adminis-trative policy in the field of science, technology, innovation. The steps taken in the Tambov Region in this direction are assessed. Critical remarks and recommendations are expressed regarding the improvement of the law-making policy in the field of innovations in the territory of the Tambov Re-gion.

scholarly journals LEGAL ENTITIES AS THE MAIN PARTICIPANTS IN BUSINESS ACTIVITY IN RUSSIA AND CHINA

2019 ◽  
Vol 6 (4) ◽  
pp. 134-158
Author(s):  
O. Berzin ◽  
E. Shliagina
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
People’S Republic Of China ◽  
Business Activity ◽  
People's Republic Of China ◽  
Legal Entity ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Law ◽  
Legal Entities

The legal entity is one of the most common forms of business activity in the Russian Federation and the People’s Republic of China. The regulation of legal entities in Russia and China has changed in recent years, which makes the study of this issue especially relevant. This article explores and compares the concept of business activity, the system of legal entities and several types of particular legal entities in regard to companies found in Russia and China. The research concludes that the system of legal entities in the Russian Federation has an exhaustive regulation that facilitates the interpretation of the civil legislation and allows distinguishing the relevant characteristics of any type of organization. In China, there was no unified system of legal entities until 2017. While the General Provisions of the Civil Law of the People’s Republic of China adopted in 2017 is a serious and important attempt to establish a system of legal entities, the law does not contain the essential characteristics of legal entities; additionally, a number of the provisions of the legal acts in force devoted to the regulation of the activities of legal entities have not yet been brought in line with the new law.

scholarly journals Measures of Encouragement and Penalties Applied to Convicts Registered with Probation Inspectorates

2021 ◽  
Vol 3 (13) ◽  
pp. 28-33
Author(s):  
S. L. BABAYAN ◽  
Keyword(s):  
Russian Federation ◽  
Main Type ◽  
Early Removal ◽  
The Russian Federation ◽  
The Law ◽  
One Year ◽  
Stimulation Of ◽  
Research Institute

The article discusses the results of a study conducted in May 2021 by the Research Institute of the Federal Penitentiary Service of Russia on the application of incentive and penalty measures against individuals sentenced to non-custodial punishments. In order to streamline the measures of disciplinary responsibility in relation to those sentenced to compulsory labor we suggest that the Penal Enforcement Code of the Russian Federation should contain a measure of punishment in the form of a warning, and for positive stimulation of lawabiding conduct – measures of encouragement in the form of gratitude and early removal of a previously imposed penalty in the form of a warning. In relation to those sentenced to restriction of liberty we propose to establish a provision in the law that they are maliciously evading from serving a sentence if they have committed a violation of the order and conditions of serving a sentence within one year after the application of a penalty in the form of an official warning, repeated punishment in the form of an official warning. Only after that, it is advisable to submit to the court a presentation about replacing the unserved term with a punishment in the form of imprisonment. It is proposed to provide for the use of release on parole as the main type of encouragement.

scholarly journals Legal Significance of Letters of the Ministry of Finance of the Russian Fed-eration and the Federal Tax Service

2017 ◽  
pp. 106-110
Keyword(s):  
Russian Federation ◽  
Tax Law ◽  
Constitutional Court ◽  
Tax Legislation ◽  
The Status ◽  
The Russian Federation ◽  
Ministry Of Finance ◽  
The Law

The status of explanatory acts of the Ministry of Finance of the Russian Federation and the Federal Tax Service of Russia among sources of tax law is discussed. The decision of the Constitutional Court on the status of explanatory acts of the Federal Tax Service of the Russian Federation as acts possessing normative properties is analyzed. The issue of extending the same status to the letters of the Ministry of Finance of the RF is raised. The purpose of tax legislation explanation is formulated. It is stated that it’s unreasonable to substitute the explanatory letters of authorized bodies for the rules of the law. The review of changes made to the procedural legislation in connection with the adoption of the Act of the Constitutional Court of the Russian Federation of March 31, 2015, no. 6-P, is given.

Contractual Responsibility and Economic Crisis

10.12737/1951 ◽  
2013 ◽  
Vol 2 (1) ◽  
pp. 23-31 ◽  
Author(s):  
Александр Комаров ◽  
Alyeksandr Komarov
Keyword(s):  
Economic Crisis ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
The Russian Federation ◽  
The Law

The article deals with the problems of regulating the situation which arises in connection with changed circumstances resulting in creating hardships in performance of the contract. The author attempts to evaluate the practice of application of Art. 451 of the Civil Code of the Russian Federation that provides corresponding rules. Evolution of the law on hardships in major civil law jurisdiction is also addressed to in the article.

CURRENT CHANGES IN THE LEGISLATION OF THE RUSSIAN FEDERATION IN THE FIELD OF PUBLIC PROCUREMENT: IMPACT ON THE IMPLEMENTATION OF TRADES

2021 ◽  
Vol 1 (5) ◽  
pp. 71-76
Author(s):  
D. V. GONENKO ◽  
◽  
A. N. NOVICHIKHIN ◽  
Keyword(s):  
Russian Federation ◽  
Public Procurement ◽  
Legal Basis ◽  
The Public ◽  
The Russian Federation ◽  
Ministry Of Finance ◽  
The Law ◽  
Procurement Procedure ◽  
The Government

The article is devoted to current changes in public procurement in the Russian Federation. Attention is paid to the legal basis of procurement. The analysis of the amendments to the law that have entered into force and the draft resolutions of the Government of the Russian Federation and the Ministry of Finance of the Russian Federation regarding amendments to the public procurement procedure is carried out. Proposals for improving the contract system are formulated.

scholarly journals Prevention of Damage to the Environment in the Regional Judicial Practice

2020 ◽  
Vol 5 ◽  
pp. 21-25
Author(s):  
Tatyana V. Letuta ◽  
◽  
Elena V. Mischenko ◽  
Keyword(s):  
Russian Federation ◽  
Environmental Law ◽  
Civil Law ◽  
Civil Code ◽  
Main Function ◽  
Legal Institution ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Law ◽  
Damage Prevention

The article proposes the author`s approach to the solution of the issue of the efficiency of the use of the damage prevention institution in practice. The authors review the regional practice of application of administrative suspension, civil law termination and prohibition of activities of environmental law breachers. Various protection means are compared. The authors conclude that administrative suspension of activities aimed at fulfillment of its main function of interception of environmental offenses requires the law to be supplemented in terms of cases on the need for immediate offense repression. The paper justifies the expediency of application of the presumption of offender`s guilt in effect in respect of other misdeeds provided in the Civil Code of the Russian Federation. Prevention of damage to the environment as a complex legal institution needs its implementation mechanisms to be improved in practice.

scholarly journals CIVIL AND TAX LAW: VICE VERSA

2020 ◽  
Vol 4 (1) ◽  
pp. 65-74
Author(s):  
Marina V. Sentsova (Karaseva)
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Civil Law ◽  
Tax Law ◽  
Tax Legislation ◽  
The Russian Federation ◽  
The Law ◽  
The Impact ◽  
Law Making

The subject of the research is the correlation of civil and tax law institutions in the scope of legal nature of such social relations. The purpose of the article is to confirm or refute the hypothesis that when qualifying civil legal relations with tax elements, the law enforcement officer should proceed from the priority of analysis of tax legislation over civil legislation. Methodology. Methods of analysis and synthesis are used. The scientific analysis focuses on decisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and courts of general jurisdiction. The main results and scope of their application. The influence of civil law on tax law is carried out at the level of law-making and law enforcement. We study the law enforcement paradigms that are relevant for law enforcement activities. The current tasks of tax law-making are emphasized. Establishing the influence of tax law institutions on civil law allows us to improve some civil law institutions, create a comprehensive theory of the relationship of these legal phenomena, see trends in their development and, of course, outline ways to develop tax legislation in the aspect of tax law autonomy. The legislator should strive for maximum unification of legal terminology in tax and civil legislation so that subjects of legal relations feel legally comfortable and easily construct civil transactions based on the predicted tax consequences. Subjects of civil legal relations, before entering into certain civil transactions, should already plan their tax consequences in advance focusing not only on civil legislation, but also on tax legislation, in particular, on the classification of transactions as investment or non-investment. Conclusions. The impact of tax law on civil law is multidimensional. At least, we can talk about the impact on the levels of law-making, law enforcement, and the use of civil law institutions. When qualifying civil legal relations with tax elements, the analysis of tax legislation in comparison with civil legislation has priority.

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