scholarly journals Austrian and Russian constitutionalism: comprehensive analysis

2021 ◽  
Vol 10 (41) ◽  
pp. 121-130
Author(s):  
Alexander A. Gogin ◽  
Anna N. Fedorova ◽  
Ramil F. Vagapov ◽  
Alexey V. Sergeev
Keyword(s):  
Russian Federation ◽  
Comprehensive Analysis ◽  
Distinctive Features ◽  
Federal States ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
The Republic ◽  
The Individual ◽  
Comparison Technique

The article deals with some issues that characterize the Basic Laws of the Republic of Austria and the Russian Federation. When choosing the leading research method, the authors of this article were guided by the fundamental dialectical means of cognition, which is the ascent from the individual to the general. The comparison technique used in this case is based on a consistent understanding and analysis of similar conditions, rules and requirements for the Republic of Austria and the Russian Federation. The applied historical and legal method made it possible to consider various historical events in motion, development, and in connection with modernity. The methods of analysis and synthesis are widely used in the work. As the main results of the study, we note the generalization of the most significant distinctive features that are the foundation of the Basic Laws of both federal states.

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 A COMPARATIVE LEGAL ANALYSIS OF CRIMINAL PROCEDURE LAWS OF RUSSIA AND THE REPUBLIC OF KAZAKHSTAN AIMED AT THE SEARCH FOR A WAY TO IMPROVE THE INSTITUTION OF SUSPICION

2020 ◽  
Vol 11 ◽  
pp. 68-72
Author(s):  
Olga S. Polikarpova ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Distinctive Features ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Russian Law ◽  
The Republic

The relevance of the article is due to the imperfection of the criminal procedure law of the Russian Federation in terms of the institution of suspicion. The author examines the distinctive features of the provisions of Russian law and the criminal procedure law of the Republic of Kazakhstan relating directly to the institution of suspicion and, in order to minimize permissible for criminal proceedings under Russian law, procedural violations, attention is drawn to the possibility of improving the reporting Institute by reforming criminal procedure law of the Russian Federation as a whole with a focus on the introduced in the criminal procedural legislation of the Republic of Kazakhstan the criminal procedural model.

On the issue of the optimal procedural form of judicial control over the observance of the right to freedom and personal integrity

2019 ◽  
pp. 372-384
Author(s):  
Nataliya Anatolevna Buraschnickova
Keyword(s):  
Russian Federation ◽  
Personal Integrity ◽  
Distinctive Features ◽  
Judicial Control ◽  
Administrative Procedure ◽  
The Russian Federation ◽  
Judicial Procedure ◽  
The Individual ◽  
Administrative Proceedings ◽  
The Right

The study is devoted to the analysis of the procedural form of consideration by the courts of the Russian Federation of administrative cases related to the implementation of judicial control over the observance of the right to freedom and personal inviolability. We give the main characteristics of material public legal relations, within which the state may exercise the statutory restriction of the right of the individual to freedom and inviolability. As a result of a study we come to a conclusion that the essence of these legal relations predetermines the necessity of functioning in the Russian Federation of preliminary judicial control over observance of the right to freedom and personal inviolability as the most effective guarantee of prevention of arbitrary and illegal restriction of this right. The nature of material legal relations and the nature of the law protected by the court indicate the need to consider such cases in the order of special administrative proceedings, the distinctive features of which are formulated by the author. The suggestions we give on amendments to the legislation on administrative judicial procedure aimed at the selection of cases on judicial review in cases of “special administrative procedure” with the establishment of the Code of administrative procedure of the Russian Federation the unified rules and regulations governing the handling all types of cases involving the exercise of judicial control over observance of the rights of citizens and organizations.

Fiduciary management and fiduciary ownership in the post-Soviet countries: experience of Ukraine, Republic of Moldova, Republic of Belarus and Russian Federation

2020 ◽  
Author(s):  
Kateryna Nekit ◽  
Volodymyr Zubar
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Distinctive Features ◽  
Republic Of Moldova ◽  
The Russian Federation ◽  
The Common ◽  
The Republic ◽  
Similar Solutions ◽  
Distinguishing Features ◽  
Insight Into

Abstract The focus of this research is to define the common and distinctive features of the approaches used by lawmakers in the post-Soviet states (Ukraine, Republic of Moldova, Republic of Belarus and Russian Federation) for the purpose of implementing fiduciary management and fiduciary ownership institutes into their respective national laws. It has been established that over the course of the fiduciary management and fiduciary ownership institutes development in the countries referenced above, similar solutions were initially applied. Thus, an effort was made to implement the institute of trust inherent in the common-law countries into the systems of civil law. However, the effort did not come to fruition and that resulted in the fiduciary management institute being implemented. However, notwithstanding the similarities in the general approaches to determining the content of the fiduciary management provisions in all post-Soviet countries, the situation in Ukraine came out to be different from that in other countries. Following the adoption of the Civil Code (CC) of Ukraine with the fiduciary management institute enshrined therein, the Code was amended by adding the provisions on fiduciary ownership, but typical for the Civil Law countries. Over a long period of time, the Ukrainian legislation was the only one that referred to the institute of fiduciary ownership (fiducia), but due to recent dramatic overhaul, the CC of the Republic of Moldova was amended by the provisions on fiducia as well. This research represents a review of modern statutory provisions of Ukraine, Republic of Moldova, Republic of Belarus and Russian Federation covering fiduciary management and fiduciary ownership, including identification of common and distinguishing features thereof. It is found that as of today, the laws of the Russian Federation and Republic of Belarus do not go beyond fiduciary management, whereas those existing in the Republic of Moldova and Ukraine refer to both fiduciary management and fiducia institutes. Outlined in the research are differences between fiduciary management, trust and fiducia. The research also offers an insight into the degree of influence the Draft Common Frame of Reference and provisions of the CC of Romania and CC of France, those related to trust and fiducia, had on the formation of fiduciary ownership concept in the legislation of the Republic of Moldova. Also included in the research is the analysis of the latest changes in the legislation of Ukraine, related to the introduction of fiduciary ownership as a means to secure the performance of obligations.

scholarly journals CONTROVERSIAL ISSUES OF SUBSUMPTION OF MALFEASANCE

2018 ◽  
Vol 2 (2) ◽  
pp. 64-69
Author(s):  
Evgeny Evgenyevich Zabuga
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Code ◽  
Point Of View ◽  
Controversial Issues ◽  
Scientific Methods ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Scope Of Application ◽  
The Russian Federation

The subject. The article deals with subsumption of malfeasance, judicial characterization of such white-collar crimes.The purpose of the paper is to answer the question of admissibility of qualification of ho-mogeneous actions of a person according to two separate art. 285 and 286 of the Criminal Сode of the Russian Federation.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of normative legal and judicial acts).Results and scope of application. Within the meaning of paragraph 15 of the Resolution of Plenum of Supreme Court of the Russian Federation, it is absolutely clear that legal actions of an official, which were not caused by official necessity, must be qualified under art. 285 of the Criminal Code of the Russian Federation.Not only legally, but even from the point of view of ordinary logic, the qualification of ho-mogeneous actions by different criminal law norms is unacceptable.Due to the fact that art. 286 of the Criminal Code of the Russian Federation is not a crime of corruption by its characteristics, art. 285 of the Сriminal Сode of the Russian Federation cannot be regarded as a special case of abuse of power.Conclusions. This is unacceptable to qualify the homogeneous actions of a person according to two separate articles – art. 285 and 286 – of the Criminal Сode of the Russian Federation. It is necessary to add the Resolution of Plenum of Russian Supreme Court from October 16, 2009, No. 19 by the provisions more specifically delimiting qualification of malfeasance crimes according to art. 285 and 286 of the Criminal Сode of the Russian Federation.

scholarly journals Award policy: types of awards for the municipal authorities

2020 ◽  
Vol 4 (2) ◽  
pp. 85-98
Author(s):  
Ekaterina S. Shugrina
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Policy Types ◽  
Municipal Level

The subject of the research is the establishment and application of official awards at the municipal level of government, including award legislation and the practice of its application. The purpose of the article is to confirm or disprove the hypothesis of an existence of an award policy and system of awards for the municipal level of government in Russia. The methodological basis of the research is the general scientific dialectical method of cognition (such as methods of analysis and synthesis, abstraction and concretization, induction, deduction and analogy), as well as the method of monitoring of legal acts, historical and legal method, system analysis. The main results of the research. A comprehensive analysis of existing regulations and description the general contours of the award policy for the municipal level of government were made. The following classification of awards applicable to municipal authorities can be distinguished. By type of award: honorary titles, medals, distinctions and incentives, as well as grants and prizes. Depending on the subject that establishes the award: state, municipal or public awards; moreover, you should distinguish between awards established by a public legal entity (award of the Russian Federation, of the constituent entity of the Russian Federation, a municipality) or a separate public authority. Depending on the subject receiving the award (the awarding subject): awards that are established both for the municipality as a whole, and for individual officials or other employees of local self-government bodies; a separate category consists of awards provided for the territorial bodies or their representatives. Currently, there is no single document outlining the system of awards of the Russian Federation. Conclusions. Monitoring of normative legal acts of local self-government bodies has shown that it is quite rare to find documents that regulate the award policy of a municipality. There is practically no award policy for local government bodies or their officials, as well as awards for contributions to the development of local self-government.

scholarly journals COMPETENCE OF LOCAL SELF-GOVERNMENTS: DEBATABLE ISSUES

2018 ◽  
Vol 1 (4) ◽  
pp. 117-128
Author(s):  
Yury Blagov
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Point Of View ◽  
Federal Law ◽  
Material Resources ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
History Of ◽  
Scope Of Application ◽  
The Russian Federation

Subject. The article is devoted to the discussion issues of competence of local self-government.The purpose of this paper is to show that the federal government passes such laws in order to build a single “power vertical” from a rural settlement to a constituent entity of the Russian Federation and above, since from his point of view it is easier to carry out public administration.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method, a comparative legal method.Results, scope of application. The competence of local self-government bodies consists of two parts: compulsory competence and optional competence. The compulsory competence includes issues of local importance of municipalities and certain transferred state powers. The optional competence of local self-government bodies includes the rights of local self-government bodies to resolve issues not related to issues of local importance of municipalities and other issues not within the competence of local government bodies and not excluded from their competence by federal and regional legislatures. Certain transferred state powers should not prevail over the powers related to the solution of issues of local importance and determine the functional purpose of local self-government bodies as such. It can be assumed that by their nature they should be related to the immediate interests of the local population.The rights of local self-government bodies to resolve issues not related to issues of local importance of municipalities are neither issues of local significance nor transferred by separate state powers. The meaning of their consolidation in Federal Law No. 131-FZ is to transfer to the local self-government authorities of powers which the state authorities cannot perform, but without the transfer of the corresponding material resources and financial resources that local governments should seek independently. The author offers his own solutions of this problem.The author criticizes the institution of redistribution of powers, since this institution contradicts the Constitution of the Russian Federation and the European Charter of Local Self-Government and comes to the conclusion that the issues of local importance of different types of municipalities overlap, as well as duplicate part of the powers of state authorities of the subjects of the Russian FederationConclusion. The new attempt to build a single vertical of power, which has been repeatedly undertaken in the history of Russia, is doomed to failure with all the ensuing consequences, especially acute during the economic crisis.

scholarly journals Development of Constitutional Laws of Republics in the Post-Soviet Period

2018 ◽  
Vol 4 ◽  
pp. 38-42
Author(s):  
Svetlana B. Safina ◽  
Keyword(s):  
Russian Federation ◽  
Synthesis Method ◽  
Great Influence ◽  
Practical Significance ◽  
Soviet Period ◽  
Constitutional Court ◽  
Legal Method ◽  
The Russian Federation ◽  
The Republic ◽  
Post Soviet Period

Purpose. Development analysis republic constitutional legislation in the Russian Federation, as well as special aspects of the structure and the content of the republic constitution in the post-Soviet period. Methodology: dialectical method, analysis and synthesis method, rather-legal method, technical legal method. Conclusions. In 1990s the great influence on the republic constitutional legislation has been made by adoption of the state sovereignty declaration and execution of an agreement with the Russian Federation delineation of jurisdiction and mutual power delegation. With regard to that by 2000 republic constitutions have been contained the great number of regulations contravene of federal constitution, hereinafter they have been corrected on the basis of the Russian Federation constitutional court decisions. Meantime the republic constitutional legislation characterizes constitutionality of the Russian Federation, reasonable variety and stability. Scientific and practical significance. There have been found out the main stages of the republic constitutional legislation development. There also have been specified the key facts that were influenced on the republic constitutional legislation content. And the development from the stages of formation to present day has been presented.

scholarly journals Legal Regulation of the Status of a Sportsman in a Subject of the Russian Federation (On the Example of the Republic of Mordovia)

2021 ◽  
Vol 7 (1) ◽  
pp. 257-361
Author(s):  
N. Davydova ◽  
T. Khudoikina
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Healthy Lifestyle ◽  
Legal Regulation ◽  
Physical Culture ◽  
Federal Programs ◽  
Distinctive Features ◽  
The Status ◽  
The Russian Federation ◽  
The Republic

The relevance of the chosen research topic is due to the fact that in recent years in the constituent entities of the Russian Federation great attention is paid to physical culture and sports, federal programs for the development of physical culture and sports are being developed and implemented, sports facilities are being built for all categories of citizens. There is an active promotion of a healthy lifestyle, in connection with which, an interest in regular sports has been entrenched in society. The purpose of the study is to analyze the legislative regulation of the legal status of a sportsman in the constituent entity of the Russian Federation, since each region has its own distinctive features. To achieve the goal, the authors set the tasks to study the legislation on sports of the Republic of Mordovia. The article considers the current regional regulatory legal acts.

scholarly journals Constitutional control in the post-soviet states: general and distinctive features

2021 ◽  
pp. 30-33
Author(s):  
Kateryna ZAKOMORNA ◽  
Denys ROHOZIN
Keyword(s):  
Russian Federation ◽  
The Body ◽  
Constitutional Court ◽  
Distinctive Features ◽  
Constitutional Review ◽  
Federal Level ◽  
The Status ◽  
The Russian Federation ◽  
Key Features ◽  
The Republic

This paper discusses a number of issues related to the structure, status and powers of constitutional control bodies in the post-Soviet countries. The differences between these institutions and the body of constitutional control of Ukraine are analyzed. Particular attention is focused on the key features of the constitutional review body in each of the countries. Thus, a key feature of the Constitutional Court of the Russian Federation is its right to abolish normative legal acts not only at the federal level, but also by the subjects of the federation. Studying the provisions of the Constitution of the Republic of Belarus, it should be noted that the Constitutional Court of Belarus is empowered to decide issues on the compliance of acts of the Supreme Economic Court with the provisions of the Constitution. A key feature of the Kazakhstan constitutional review body is the powers it has been given to review only those laws passed by parliament that have not yet been signed by the President. A specific feature of the status of judges of the Constitutional Court of the Republic of Lithuania is the consolidation of sufficiently high qualifications for candidates in the provisions of the Constitution. No judge can hold office for no more than one term, which is 9 years. The system of constitutional control in Georgia cannot boast of a large number of features. So, they include the absence of a separate section in the Constitution that would regulate the procedure for carrying out constitutional proceedings, as in most countries – only a separate article is devoted to this provision. On the basis of the conducted advancement of the proponation of the idea and the provision of the Constitutional Court of Ukraine, more importantly, from the dispute, the competence of the state bodies is based. It is proponated to propose the lineage of the seat of the court.

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