scholarly journals THE ISSUE OF ALIMONY FUNDS AS A WAY OF PROVIDING FOR CHILDREN: FOREIGN EXPERIENCE

Author(s):  
Sergey S. Chekulayev ◽  
Kirill V. Gordeyev ◽  
Mikhail R. Leonov

The article raises the issue of the provision of minor children in the event of parents’ failure to meet their alimony obligations in the Russian Federation. As its solution, the authors propose to create an institute of alimony fund. The article analyses and reveals the essence of this institution on the basis of the experience of Soviet Russia and foreign countries – Spain, Sweden, Estonia and other countries – through the following aspects: the size of state support for underage children, the procedure for providing assistance, as well as the procedure for reimbursement of funds spent by the state, the sources of funding funds. The authors mention the existence of a similar institution to the Union of Soviet Socialist Republics (the institution of temporary allowances for underage children). The article concludes that by creating the institute of the alimony fund in the Russian Federation is a comparative legal analysis of foreign institutions, public discussion, expert and legislative work based on the studied experience. The possibility of simultaneous existence of state and private forms of alimony funds in the Russian Federation is also analyzed. The authors propose to adopt the Federal Law «On Alimony Funds in the Russian Federation», which will embody the solution of the existing problem and serve as a basis for legal regulation of these funds.

Author(s):  
Александр Трофимик ◽  
Aleksandr Trofimik

The monograph is devoted to complex and system research of the problems in legal regulation concerning invalidity of related-party transactions in the context of the last short stories contained Chapter 11 of the Federal Law «On Joint-Stock Companies». With the application of comparative legal methodin this article is an attempt to establish fundamental primary legal unities of law and order in Germany and the Russian Federation in corresponding regulation and to differentiate substantial characteristics of theologically equivalent legal mechanisms. In this article such aspects of counteraction to conflict of interest in Germany’s Joint-Stock Companies are considered, which have not been presented in Russian research works earlier. In the article is given a doctrinal definition of the term «related-party transactions», analyzed a new order of making related-party transactions with relation to given guaranties for declaring a transaction voidable, formulated the invalidity elements of related-party transactions. The author made an attempt of technical legal analysis of invalidity elements correlation, established by the paragraph of third point 1 of Article 84 of the Federal Law «On Joint-Stock Companies», and in accordance with point 2 of Article 174 of the Civil Code of the Russian Federation.


2021 ◽  
Vol 118 ◽  
pp. 03010
Author(s):  
Andrey Vladimirovich Makarov ◽  
Larisa Vladimirovna Makogon ◽  
Oleg Vyacheslavovich Firsov ◽  
Aleksandra Sergeevna Zhukova

The purpose of the study is a comprehensive analysis of the issues of the application of criminal liability as a means of countering violations of sanitary and epidemiological rules in a pandemic. The main idea of the study: the validity and expediency of amending the criminal legislation of the Russian Federation establishing punishment for violation of sanitary and epidemiological rules and criminalization of the spread of an infectious disease. A methodological toolkit is a set of methods, means and techniques with the help of which the criminalization of violations of sanitary and epidemiological rules in a pandemic is substantiated. The following methods were used in the work: hypothetical-deductive; dogmatic (formal legal analysis); description; comparative. The result of the work is the provision that in a pandemic, a necessary condition for ensuring national security seems appropriate to criminalize the spread of infectious diseases that pose a danger to others, which will make it possible to prosecute people who, deliberately or through negligence, have committed infecting a disease included in the category of dangerous to others. These recommendations are due to the noted problems in science and practice, including the results of comparative legal analysis. The novelty of the research lies in the substantiation of amending the criminal legislation of the Russian Federation by federal law. The amendments introduce stricter types of punishments, establish responsibility for the threat of a mass disease or people intoxication, and additions have been made in the form of a third part which provides for liability for violation of sanitary standards that inadvertently entailed the death of two or more people. The peculiarities of bringing to criminal responsibility for similar acts in certain foreign countries are also considered. There is a tendency to classify such crimes as terrorism-related.


Author(s):  
Oleg Kozhevnikov

Almost three decades have passed since the appearance of the Law of the Russian Federation from 06.07.1991 No. 1550-1 «On local self-government in the Russian Federation». Over the past historical stage, the regulatory framework of local self-government and its bodies has significantly transformed: this applies to the concept of local self-government, territorial and organizational foundations, and of course the legal status of individual local self-government bodies. This article provides a comparative legal analysis of certain provisions of Federal law No. 131-FZ of 06.102.2003 «On General principles of local self-government organization in the Russian Federation» and Federal law No. 6-FZ of 07.02.2011 «On General principles of organization and activity of control and accounting bodies of subjects of the Russian Federation and municipalities» in the part concerning control and accounting bodies of municipalities. Based on the results of this analysis, significant contradictions were identified in the basic Federal normative legal acts regulating the legal status of the control and accounting body of a municipality, which need to be corrected by the Federal legislator in order to increase the level of unity and consistency in the legal regulation of the status of one of the most important bodies in the system of local self-government-the control and accounting body of a municipality.


2021 ◽  
Vol 108 ◽  
pp. 03005
Author(s):  
Elena Nikolayevna Ryabova ◽  
Leonid Ivanovich Savinov ◽  
Dmitrii Vladimirovich Bondarenko ◽  
Tatyana Vladimirovna Cherkasova

The article represents the results of the analysis of modern legal regulation of the system for prevention of neglect and juvenile delinquency in the Russian Federation and activity of commissions for juvenile affairs and juvenile rights protection as the main authority of that system. Relevance and immediacy of changes and reforming of legislation in the prevention of neglect and juvenile delinquency and areas of such activity are associated with the needs of the modern informational society. The authors analyze regulatory legal acts governing the activity of commissions for juvenile affairs and juvenile rights protection, proposals of executive authorities of constituents of the Russian Federation in the practicability of developing a concept of federal law on prevention of neglect and juvenile delinquency and rights’ protection and they characterize primary trends in the activity of this authority in order to define further perspectives of activity within the system of prevention of neglect and juvenile delinquency in Russia. Methodological support of the research are such methods of scientific cognition as analysis and synthesis, comparative-legal, formally legal, analysis of documents, legal modeling, survey, which allowed for a comprehensive approach to the research of this problem. The result of the research was reasoned conclusions on the practicability of reforming authorities and legal relations in the system of prevention of neglect and juvenile delinquency. Models are given for the modernization of commissions for juvenile affairs and juvenile rights protection. The results ensure conceptual basis and trends in the development of proposals for improvement of legal regulatory regulation of social relations in the prevention of asocial behavior and juvenile delinquency.


Author(s):  
I.A. Andreeva

The article is devoted to studying the problem of the expediency of legislative consolidation of the presumption of police trust (on the part of the state), proposed in draft federal law No. 828616-6 «On Amendments to the Federal Law «On Police» and certain legislative acts of the Russian Federation». The study and comparative legal analysis of regulatory documents governing the police activities of a number of countries did not reveal the legal presumption of police trust in the legal systems of these states. Legal aspects of the institution of police trust in foreign countries are revealed both in regulatory documents and in scientific discourse, primarily in the sense of the basic principle, criterion and factor of the effectiveness of the police.


2020 ◽  
Vol 210 ◽  
pp. 16018
Author(s):  
Zinaida Stolyarova ◽  
Albina Uskova

One of the topical issues that refer to legal status of foreign residents who live in host countries is the change of a purpose of entering this country, which entails the change of their immigration status. The paper deals with the issues of legal regulation of immigration status of foreign citizens, analyzes the experience of both foreign countries and the Russian Federation in resolving the issue of changing the immigration status without leaving a country. The authors have made some proposals on improving the system of legal regulation in the Russian Federation, which would help efficiently solve the problem under analysis.


Author(s):  
Sergey A. Starostin ◽  

The paper deals with the mechanism of administrative coercion. The peculiarity of the article content is a system analysis of the problems of theoretical, normative-legal and empirical (law-enforcement) aspects. The author defines the essence of administrative coercion, based on the modern system of legislative regulation and practice of its application, which has developed since March 2020. The article explores various aspects of administrative coercion. It is pointed out that the knowledge of administrative-legal coercion is impossible without its consideration in interre-lation with such categories as freedom, expediency, administrative responsibility.On the basis of the analysis of some coercive measures, applied in the conditions of pandemic, their legal assessment is given. Attention is drawn to the fact that in conditions of pandemic the measures of constraint which, according to their developers, fully conform to the require-ments of the Federal law "About protection of the population and territories against emergen-cies of natural and technogenic character" were and are often taken. It is not so! This Federal Law defines the general organizational and legal norms in the field of population and territory protection from emergencies, its effect covers the relations arising in the process of activity of state authorities of the Russian Federation and subjects of the Russian Federation, local authorities, as well as organizations and population in the field of population and territory protection from emergencies. In the context of the epidemic, the debate about the balance between voluntary submission and coercion in the form of fear of responsibility has intensified. Under conditions of uncer-tainty and unpredictability of the situation, the reality of risks, the legal regulation should be oriented towards protecting the population, excluding compromises and exceptions, blanket norms. But always possible in such conditions situations when the state in order to protect citizens, applies coercive measures not based on the law, when they are forced to be estab-lished by the executive authorities. The author of article used following methods: system analysis, dialectical, logical, com-parative-legal, analysis and synthesis, induction and deduction. As a result of the study conclusions were drawn that doctrine and practice convincingly prove that measures of administrative coercion should be formalized as much as possible. When the need arises to apply them, there is no time to discuss what measures, when, to what extent to apply. It is necessary to apply what is already there. When the situation returns to normal, the applied measures should be analysed and both the substantive norms and even more carefully the procedural norms should be improved. Provisions on executive authorities should include a mandatory section on "coercive measures applied by these authorities, grounds and procedure for their application".


2020 ◽  
Vol 34 (2) ◽  
pp. 60-65
Author(s):  
Z.M. Baglieva ◽  

The article presents a comparative legal analysis of the Constitution of the Russian Federation and the constitutional legislation of foreign countries for the content of the basic principles of regulating economic activity. The article examines the impact of international law on the formation of economic principles enshrined in the basic laws of States, and also discusses the process of globalization in this area, due to the basic rules and principles reflected in the provisions of international legal acts implemented in domestic law and expressed in the unification of constitutional and legal norms that allow for the most effective legal regulation of the economy in practice. The author concludes that the Constitution of the Russian Federation contains basic principles necessary for constitutional and legal regulation of economic relations, their development and improvement in the context of globalization.


2020 ◽  
Vol 15 (3) ◽  
pp. 145-153
Author(s):  
I. V. Karavaev

The paper analyzes the legal regulation of detention in custody of persons confined on suspicion of committing a crime, as well as of persons in respect of whom a measure of restriction in the form of remand in custody was chosen. The norms of the Federal Law “On detention in custody of suspects and accused of committing crimes”, as well as the Criminal Procedure Code of the Russian Federation relating to these relations are considered. The differences between the two types of custody are investigated: “detention” and “remand in custody”. The author identifies six fundamental criteria underlying the difference between the two types of custody: the grounds for the detention; a person or body authorized to decide on detention in custody; duration of custody; custodial facility; legal status of persons in custody; grounds for release. It is concluded that it is necessary to revise the Federal Law "On detention in custody of suspects and accused of committing crimes", changing its structure on the basis that the law actually regulates two independent processes: taking into custody when detaining a person and detention in custody when choosing a measure of restriction in the form of remand in custody.


2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.


Sign in / Sign up

Export Citation Format

Share Document