scholarly journals On the issue of the limits of the prosecutor's activity for the protection of public interest in the sphere of use and protection of specially protected natural territories in court

2021 ◽  
Vol 26 (4) ◽  
pp. 243-248
Author(s):  
Svetlana V. Berdinskikh
Keyword(s):  
Protected Areas ◽  
Public Interest ◽  
Unified Approach ◽  
Legal Proceedings ◽  
The Russian Federation ◽  
Points Of View ◽  
Definition Of ◽  
Judicial Protection ◽  
Specially Protected Natural Territories ◽  
Selection Of

The article deals with the topical problem of determining the limits of the cross-complex non-Supervisory direction of the Prosecutor's activity for the protection of public interest in the sphere of use and protection of specially protected natural territories (hereinafter – protected areas). In accordance with the law, protection is provided by the Prosecutor in all types of legal proceedings – constitutional, criminal, civil, arbitration, administrative, including proceedings on administrative offences. The precise definition of the limits of the Prosecutor's activity under study is necessary for the formation of a unified approach to the optimal organisation of work, the implementation of all the powers granted to the Prosecutor and the selection of adequate means of prosecutorial response for effective judicial protection of public interest in the use and protection of protected areas. The author analyses the provisions of Federal legislation and organisational and administrative documents of the Prosecutor General of the Russian Federation, scientists’ points of view on the content of external and internal limits of Prosecutor's supervision and non-Supervisory areas of Prosecutor's activity, available in the literature. Based on the research, the author draws conclusions about the limits of this activity, and she offers a list of grounds on which the protection of public interest is carried out exclusively in court.

Institute of Forensic Art Examination of Fine Art Objects: Theoretical and Practical Problems

2021 ◽  
pp. 47-53
Author(s):  
Bondarenko L. K. ◽  
◽  
Skachko A. V.
Keyword(s):  
Art Criticism ◽  
Fine Arts ◽  
Fine Art ◽  
Legal Proceedings ◽  
Art Objects ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Substantive Law ◽  
Practical Level ◽  
Selection Of

The problem of organizing expert activities in the field of forensic art examination of fine arts at a practical level is considered. The conditions of objectivity (reliability) of the results of a forensic art examination of fine art in law enforcement practiceare identified. In this regard, the problem of the reliability of the examination results is considered at the interdisciplinary level: substantive law – criminal and customs; criminal procedure law, as well as forensic science and expert activities. The necessity of creating, within the framework of the anti-corruption policy of the state, an independent institute of forensic art criticism of fine arts is substantiated. It is proposed: 1) to create an information base under the Ministry of Justice of the Russian Federation on the data of art historians known in different fields of fine art who can act as competent persons in legal proceedings; 2) to create a mechanism for the appointment of a commission of forensic-forensic art examination of objects of fine art examination on the basis of automatic random selection of subjects of examination. It is proved that this measure excludes the possibility of giving an unreliable conclusion as part of a forensic art examination of objects of fine art.

scholarly journals E-justice in civil cases and economic disputes in the Russian Federation

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Inna Leonidovna Burova ◽  
Maria Alexandrovna Volkova ◽  
Renata Romanovna Lenkovskaya
Keyword(s):  
Russian Federation ◽  
Communication Systems ◽  
Effective Means ◽  
Video Recording ◽  
Records Management ◽  
Legal Proceedings ◽  
Positive Assessment ◽  
The Russian Federation ◽  
Judicial Protection

The authors of the article have analyzed the latest amendments made to the legislation of the Russian Federation aimed at the development of e-justice in civil and arbitration cases. The main methods of this study were formal-legal, comparative-legal and systematic. The authors positively assess the introduction of digital technologies into the field of judicial protection of the rights and interests of citizens and organizations in the Russian Federation. It seems that the informatization of legal proceedings and records management will serve as an effective means of implementing the principles of transparency and accessibility of justice in the Russian Federation. The use of e-justice aims at improving the quality of justice in the Russian Federation. Its components are as follows: filing documents in electronic form, meetings held through video conferencing, audio and video recording, receiving audio and video protocols through electronic communication systems by parties to some case, notifying parties using such resources as “Guard Arbiter”, SMS, etc. Despite the general positive assessment of the amendments made to the Russian legislation on e-justice, the authors emphasize its certain shortcomings. The article dwells on the statutory regulation of e-justice in the Russian Federation and suggests possible ways to resolve legal conflicts.

scholarly journals THE CONSTITUTIONAL RIGHT TO QUALIFIED LEGAL ASSISTANCE AS GUARANTEE OF JUDICIAL PROTECTION: QUESTIONS OF THEORY AND PRACTICE

2020 ◽  
Author(s):  
А.Ю. Гусев
Keyword(s):  
Social Security ◽  
Theory And Practice ◽  
Legal Assistance ◽  
Judicial Practice ◽  
The Social ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Definition Of ◽  
Judicial Protection ◽  
Made In

В статье с приведением примеров из судебной практики доказывается тезис о том, что квалифицированная юридическая помощь является гарантией эффективной судебной защиты в области социального обеспечения граждан. Предложено авторское определение понятия «квалифицированная юридическая помощь», приводятся аргументы в пользу повышения финансовой заинтересованности адвокатов при оказании бесплатной юридической помощи, предлагаются пути оптимизации социально-обеспечительного законодательства РФ. The article with examples from judicial practice proves the thesis that qualified legal assistance is a guarantee of effective judicial protection in the field of social security of citizens. The author's definition of "qualified legal assistance" is proposed, arguments are made in favor of increasing the financial interest of lawyers in providing free legal assistance, and ways to optimize the social security legislation of the Russian Federation are suggested.

Problems of Creation and Functioning of Constitutional (Charter) Courts of the Subjects of the Russian Federation

2019 ◽  
pp. 51-57
Keyword(s):  
Local Government ◽  
Russian Federation ◽  
Separation Of Powers ◽  
Legal Proceedings ◽  
Democratic State ◽  
Justices Of The Peace ◽  
The Subject ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
Judicial Protection

Constitutional (statutory) courts are among the most effective bodies to protect the rights and freedoms of citizens. As a result of constitutional (statutory) legal proceedings, not only the person who filed the complaint receives judicial protection, but also other citizens whose rights were violated or could be violated, since recognizing a normative legal act as inadequate to the constitution, such a court cancels it. In his work, the author attempts to objectively assess the level and state of constitutional justice in the regions of the Russian Federation. In view of the fact that, with the exception of justices of the peace, the constitutional (statutory) courts are the only courts of the subjects of the Russian Federation, their absence in most entities violates the principle of separation of powers that is necessary in any democratic state. In addition, constitutional (statutory) courts play an important part in protecting the rights and freedoms of citizens, including allowing them to challenge the constitutionality of a particular law of the subject, as well as, for example, the regulatory legal act of the local government. The author concludes that there is a necessity to organize such courts, analyzes the problems in the already established courts of this category, and also formulates proposals for improving constitutional justice in the subjects of the Russian Federation.

Features of the Legal Regime of the Land Plots within the Boundaries of Protected Areas of Specially Protected Natural Territories

2020 ◽  
Vol 2 (2) ◽  
pp. 195-213
Author(s):  
K. M. Shirokov ◽  
Keyword(s):  
Protected Areas ◽  
Russian Federation ◽  
Private Property ◽  
Natural Areas ◽  
Legal Regime ◽  
Protection Zones ◽  
Specially Protected Natural Areas ◽  
Protected Natural Areas ◽  
The Russian Federation ◽  
Specially Protected Natural Territories

Introduction. This article is devoted to the analysis of the peculiarities of the legal regime of land plots within the boundaries of protected zones of specially protected natural territories. Due to their special significance and uniqueness, specially protected natural territories form the nature reserve fund of the Russian Federation with a special mechanism for protection and protection from negative anthropogenic impact. Protected areas are one of the measures to protect such specially protected natural areas as state nature reserves, national parks, natural parks and natural monuments, as well as one of the most important elements of the legal regime of lands of specially protected natural areas. The creation of data on specially protected natural areas, as a rule, is followed by the subsequent approval of the regulations on their protected zones. Since the legislation does not have peremptory norms on the mandatory creation of protection zones, such zones are not widespread at the federal and regional levels. Theoretical Basis. Methods. An important role in the process of studying the peculiarities of the legal regime of land plots within the boundaries of specially protected natural territories was played by systematic, comparative, formal-legal methods. Results. The features of the establishment, modification and termination of the protection zones of specially protected natural areas, as well as the features of coordination of their borders and the entry of information into cadasters and registers are considered. Based on a comprehensive analysis of judicial practice, conclusions are drawn about the need to improve the mechanism for determining the feasibility of economic activity on land in protected areas. Particular attention is paid to the characteristics of the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation on protected areas of specially protected natural territories of federal and regional significance and the legal regime of land plots within their borders. Discussion and Conclusion. This study showed that the establishment of protected areas of specially protected natural areas significantly affects the legal regime of land within their borders. Despite the fact that the turnover of these land plots is not limited, they are not withdrawn or redeemed from private property, individually defined characteristics are not significantly changed, but at the same time restrictions are set on the possibility of carrying out economic and other activities, the need for additional coordination with state bodies authorities order to carry out such activities on land. Changes associated with the establishment of protective zones entail a change in the cadastral and market value of land, and as a result, the right of land owners to demand compensation from state authorities for civil and land laws.

Approaches to the scientific concept of “financial management” in Russian and foreign literature

2020 ◽  
Author(s):  
N.N. Simko ◽  
◽  
A.A. Emanova ◽  
Keyword(s):  
Russian Federation ◽  
Financial Management ◽  
Digital Economy ◽  
Scientific Concept ◽  
The Past ◽  
Foreign Literature ◽  
The Russian Federation ◽  
Points Of View ◽  
Definition Of

Over the past ten years, Russia has been building a system of effective state financial management. Particularly, it is implemented by reforming the Federal Executive bodies that are currently transforming the digital economy. The realities of the present time dictate the need to improve the methodology, forms, and technology of the process of financial management. Moreover, development of the concept of “financial management” is necessary. Note that this concept is not determined in the normative legal acts of the Russian Federation at the legislative level. This leads to multiple discussions and the formation of different points of view on its definition. In this article, the authors analyze the concept of “financial management” in the Russian and foreign literature and provide their own definition of this term.

On the issue of understanding administrative proceedings

2020 ◽  
pp. 135-140
Author(s):  
Valentin Nazarov ◽  
Tat’yana Akimova
Keyword(s):  
Russian Federation ◽  
Practical Implementation ◽  
Public Interests ◽  
Legal Norms ◽  
Legal Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Judicial Procedure ◽  
Administrative Proceedings

We point out some trends observed in the development of Russian justice. We note the features of the historical development of the state that have influenced the legislative consolidation of administrative legal proceedings. Exploring the main approaches to the definition of administrative legal proceedings, we conditionally combine them into three large groups and characterize each of them. The various positions of legal scholars on the legal nature of administrative legal proceedings are illustrated. It is indicated that with the adoption of the Code of Administrative Judicial Procedure, there was a separation of administrative proceedings from other types, the result of which is the creation of administrative and legal means to ensure and protect public interests as well as the practical implementation of constitutional legal norms on administrative legal proceedings. We specify that the independent nature of administrative legal proceedings is determined by the specifics of this process. The features characteristic for this type of legal proceedings are analyzed. We express an opinion on the need for a more clear and unambiguous formulation of the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation and its normative consolidation. Despite the fact that more than four years have passed since the adoption of the Code, the controversy surrounding the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation continues to this day. In addition, we reveal the most important results of the adoption of the Code of Administrative Judicial Procedure.

scholarly journals The prosecutor's judicial protection of public interests in the use and protection of specially protected natural territories as a complex area of prosecutorial activity

2021 ◽  
Vol 27 (4) ◽  
pp. 192-197
Author(s):  
Svetlana V. Berdinskikh
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Complex Nature ◽  
Public Interests ◽  
Judicial Decisions ◽  
Theoretical Approaches ◽  
Administrative Proceedings ◽  
Judicial Protection ◽  
Specially Protected Natural Territories

The article deals with the topical issue of highlighting the complex direction of prosecutorial activity – the protection by the prosecutor in court of public interest in the use and protection of specially protected natural territories based on the scope of legal relations and the purpose of the activity. Taking into account the available theoretical approaches, the author proves that three criteria are basis for the allocation: 1) the complex nature of the legal regulation of the sphere of use and protection of specially protected natural territories; 2) the need to adopt a set of means of prosecutorial activity for violations of the regime of use and protection of specially protected natural territories in court; 3) the unity of the factual circumstances to be established in criminal, civil, arbitration, administrative cases, cases of administrative offences on the facts of violation of the regime of use and protection of specially protected natural territories, which in turn allows, firstly, the collected evidence to be used in criminal, civil, arbitration, administrative proceedings, in proceedings on administrative offences (respectively, unified approaches to collecting and fixing evidentiary information are required), secondly, the prejudice of judicial decisions. The allocation of an integrated direction makes it possible to improve the quality of the organisation and implementation of judicial protection of public interest in the use and protection of specially protected natural territories.

scholarly journals Polyfunctionality of Justice: Reality or Legal Reality Interpretation?

2016 ◽  
Vol 4 (12) ◽  
pp. 0-0
Author(s):  
Петр Серков ◽  
Pyetr Syerkov
Keyword(s):  
Present Article ◽  
Judicial System ◽  
Functional Changes ◽  
Legal Proceedings ◽  
Judicial Proceedings ◽  
Points Of View ◽  
Principles Of Justice ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

In the article contains the analysis of such fundamental concepts as the judicial system and legal proceedings, which are the elements of justice as a whole. The article consists of three parts, which are containing the deductive analysis of the institutional structure of justice. In the first part of present article the interaction of the institutions of the judicial system and legal proceedings, the dynamics of institutional and functional changes, as well as evaluation of these changes were disclosed. Further the author examines every aspect of justice. Thus, in the second part of the paper the judiciary, as constitutional guarantees of fair justice, were studied. Also the judicial system and its components were analyzed by the author. The third part of the article focuses on the second element of justice — judicial proceedings. In this part of the work the author discloses the two components of judicial proceedings: judicial proceedings as a consequence of the conflict and judicial proceedings as a material expression of fairness in a particular conflict. The author defines the definition of the term "judicial proceedings" and provides its analysis from the different points of view, reveals the essence of the judicial proceedings. Also the fundamental functions and principles of justice were presented and examined in present article. In this part the author addresses the question of the relationship of the specialization of courts with the function of justice and of the relation of judicial proceedings and justice.

Problem aspects of legislative regulation of the grounds for carrying out operational search activities

2019 ◽  
pp. 122-130
Author(s):  
Алексей Вячеславович Агарков
Keyword(s):  
Russian Federation ◽  
Scientific Literature ◽  
Federal Law ◽  
Factual Information ◽  
Search Activity ◽  
Legislative Regulation ◽  
Current Article ◽  
The Russian Federation ◽  
Points Of View ◽  
Definition Of

Поставлена проблема необходимости совершенствования законодательного регулирования оснований проведения оперативно-розыскных мероприятий. На основе ранее проведенного анализа научных трудов формулируется авторское определение указанного понятия: предусмотренные оперативно-розыскным законом обстоятельства, имеющие значение для решения задач оперативно-розыскной деятельности, объясняющие причину осуществления оперативно-розыскных мероприятий. Используя точки зрения многих известных в области теории оперативно-розыскной деятельности ученых, автор обращает внимание на многочисленные пробелы и противоречия Федерального закона «Об оперативно-розыскной деятельности» в части оснований для проведения оперативно-розыскных мероприятий. Автор присоединяется к ранее высказанному в научной литературе мнению о необходимости разделения действующей статьи 7 Федерального закона «Об оперативно-розыскной деятельности» на две, предусматривающие основания для проведения оперативно-розыскных мероприятий как фактическую информацию и поводы - оперативно-служебные документы, содержащие мотивированные решения об осуществлении оперативно-розыскных мероприятий. Подводя итоги, автор акцентирует внимание на необходимости значительной доработки статьи оперативно-розыскного закона, предусматривающей основания для проведения оперативно-розыскных мероприятий, подчеркивает, что основания проведения оперативно-розыскных мероприятий должны соответствовать задачам ОРД, предусмотренным Федеральным законом «Об оперативно-розыскной деятельности» и ст. 84 Уголовно-исполнительного кодекса Российской Федерации, а также предлагает структуру изменений статьи 7 Федерального закона «Об оперативно-розыскной деятельности». The problem of the need to improve the legislative regulation of the grounds for conducting operational-search measures has been raised. On the basis of an earlier analysis of scientific works, the author’s definition of this concept is formulated: the circumstances provided for by the operational-search law that are relevant to the solution of the tasks of the operational-search activity, explaining the reason for the implementation of the operational-search measures. Using the points of view of many well-known scientists in the field of the theory of operational-search activity, the author draws attention to the numerous gaps and contradictions of the Federal Law “On operational-search activity” in terms of the grounds for conducting operational-search measures. The author joins the opinion expressed earlier in the scientific literature that it is necessary to divide the current article 7 of the Federal Law “On Operational-Search Activity” into two, providing grounds for conducting operational-search measures as factual information and reasons - operational-official documents containing motivated decisions implementation of operational search activities. Summing up, the author emphasizes the need for a significant revision of the article of the operational-search law, which provides the basis for conducting operational-search activities, emphasizes that the bases for conducting operational-search activities must comply with the objectives of the OSA provided for by the Federal Law “On Operational-Search Activities” and Art. 84 of the Penitentiary Code of the Russian Federation, and also proposes a structure of changes to Art. 7 of the Federal Law “On Operational-Search Activities”.

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