scholarly journals THE ROLE OF LEGAL FICTIONS IN MODERN LAW ENFORCEMENT PRACTICE

2020 ◽  
Vol 30 (5) ◽  
pp. 697-705
Author(s):  
E.A. Аnchishina
Keyword(s):  
Law Enforcement ◽  
Practical Aspect ◽  
Main Attention ◽  
Protective Function ◽  
Legal Fiction ◽  
Legal Relationship ◽  
Balance Of Interests ◽  
The Russian Federation ◽  
Legal Fictions

This article is devoted to defining the role of legal fictions in modern law enforcement practice. To do this, the author reveals the content of this category, paying attention to the absence of the need to consider fiction as something false and contrary to objective reality. Further, the author defines the meaning of legal fictions, conducting a detailed analysis of their main functions on the example of the civil legislation of the Russian Federation and the corresponding law enforcement practice. At the same time, its practical aspect is mainly studied. The main attention is paid to the protective function of legal fiction, the essence of which, as the author shows, is to restore violated rights and establish a balance of interests of the parties to the legal relationship, as well as to protect the rights of third parties. The features of this function are considered on the examples of the following fictions: fiction of the occurrence of a condition or non-occurrence of a condition; fiction of the presence of powers; fiction of non-conclusion of a contract. The author comes to the conclusion that fiction as a method of legal technique is used not only by the legislator, but also finds independent application in practice, which is reflected in the explanations of higher courts considered in this article.

scholarly journals The Development of Muslim Community (Ummah) of Republic of Tatarstan in Late 2018–2019

2020 ◽  
Vol 15 (4) ◽  
pp. 155-172
Author(s):  
A. Yu. Khabutdinov
Keyword(s):  
Law Enforcement ◽  
Secondary Schools ◽  
Russian Federation ◽  
Muslim Community ◽  
Law Enforcement Agencies ◽  
The Russian Federation ◽  
The Republic ◽  
Radical Organizations ◽  
Traditional Islam

The article is devoted to the development of the Muslim community of the Republic of Tatarstan (RT) at the end of 2018 and 2019. Here the author continues a series of publications exploring the Muslim community of Tatarstan in 2000s and 2010s. The leadership of the Muslim Spiritual Administration of the Republic of Tatarstan (DUM RT) is based on its own version of “traditional Islam”, where Sufism and the Maturidite ‘aqidah of the Hanafi madhhab occupy the principal place. In the Republic of Tatarstan, as well as all in other republics within the Russian Federation, the role of Islam in spiritual, educational and cultural spheres is growing due to the abolition of compulsory studying of titular languages in secondary schools. The spiritual administration of Muslims of the Republic of Tatarstan (DUM RT) continues to maintain a monopoly among Muslim organizations in the Republic of Tatarstan. Nevertheless, the activity of representatives of radical organizations banned in the Russian Federation is still to observe in the Republic. Law enforcement agencies are actively fi ghting with them; it leads to the elimination of their cells in the Republic of Tatarstan, arrests and sentencing with real terms.

scholarly journals Statute of Limitations in Labor Law (Theory and Practice of Law Enforcement)

2021 ◽  
Vol 2 ◽  
pp. 37-41
Author(s):  
S.A. Komkov ◽  
Keyword(s):  
Law Enforcement ◽  
Labor Law ◽  
Theory And Practice ◽  
Negative Consequences ◽  
Labor Disputes ◽  
Legal Relationship ◽  
Legal Nature ◽  
The Russian Federation ◽  
Special Time ◽  
Exhaustive List

The terms of applying to the commission on labor disputes and to the court for the resolution of individual labor disputes are analyzed and the legal nature of these terms as the statute of limitations is noted. The conclusion is justified that it is unjustified to provide in the Labor Code of the Russian Federation an exhaustive list of valid reasons for missing the terms of treatment due to the variety of life situations. It is established that one of the valid reasons for the late filing of a claim against the employer may be the fear of the employee of the occurrence of negative consequences in the service. It is argued that while the employee is working, the legal relationship for unpaid wages is of a continuing nature, and does not fall under the term for applying to the court. The conclusion is made about the validity of the establishment of a special time limit for applying to the court in cases of compensation for non-pecuniary damage to an employee by the employer.

scholarly journals Fine in the System of Punishments for Crimes against Property and Some Issues Related to the Enhancement of Its Effectiveness

2020 ◽  
Vol 14 (4) ◽  
pp. 473-479
Author(s):  
I.V. Azarova ◽  
◽  
I.V. Dvoryanskov ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Fine Property ◽  
The Russian Federation ◽  
The Republic ◽  
Criminal Legislation ◽  
Penal Sanctions

The article analyzes the place and role of fines in the system of criminal penalties and looks intosome trends in its establishing by the legislator and application by the court. We investigate property protection issues that have always been in the focus of attention of legislators and legal science and that have never lost their relevance, because they relate to the inviolable vital interests of an individual, society and the state. In the framework of the topic under consideration, we undertake to explain our viewpoint on three basic terms: “fine”, “property” and “punishment effectiveness”. We conclude that property should be considered (among other things in the establishment ofthe elements of a crime) as a complex multifaceted phenomenon associated with ensuring the security of individuals, society and the state from various threats, including those of an intangible nature. We analyze fine as a penalty and fine imposed by the court as a criminal law measure in the aspect of legal regulation and application practice.We carry out comparative analysis of the rules on the protection of property and the application of penalties in the form of a fine for encroachment upon it on the example of the criminal legislation of the Republic of Belarus.As a result, we conclude that the importance of fine in the structure of penal sanctions is increasing; we note that there is a trend to increase the use of a court imposed fine as an exemption from penal sanctions. At the same time,we point outthat this approach used bylegal professionals does not fully fit in with the legally established principle of social justice as the goal of punishment.Crimes against property should be considered as a threat not only to property, but also to the life and health of people (Article 162 of the Criminal Code of the Russian Federation), moral, spiritual and other values of an individual and society. We believe this approach should be used both in legislative and law enforcement practice, including cases of applying a court imposed fine.

scholarly journals Legally significant messages in legal relations involving consumers

2019 ◽  
Vol 7 (1) ◽  
pp. 16-20
Author(s):  
Варвара Богдан ◽  
Varvara Bogdan
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Comprehensive Analysis ◽  
Legal Relationship ◽  
Balance Of Interests ◽  
The Russian Federation ◽  
Abuse Of Law

This article discusses the use of the institution of legally significant messages in legal relations with consumers. Norm of Art. 165.1 the civil code of the Russian Federation is a novel in the Russian legislation and therefore requires a comprehensive analysis. Approaches to the regulation of problems of legally significant messages in legal relations with the participation of consumers should be balanced, ensuring the legal balance of interests of all participants, excluding any manifestations of abuse of law. The inclusion in legislation of provisions obliging the consumer to comply with the rules on legally significant communications cannot worsen their position as a weaker party in the legal relationship.

scholarly journals Tax liability of banks for non-fulfillment of tax authorities’ decisions: legislative regulation and law enforcement practice

2019 ◽  
pp. 87-94
Author(s):  
Екатерина Бочкарева ◽  
Yekatyerina Bochkareva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Obligation ◽  
Legal Relationship ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
The Law ◽  
Credit Institutions

The author analyzes the articles 134 and 135 of the Tax code of the Russian Federation and the practice of their application. In the article are considered the problems of bringing credit institutions to responsibility for commission by them breaches of the law related to non-fulfillment there publicly-legal obligation to enforce decisions of tax authorities. The author substantiates the conclusion that the amount of the taxpayer's debt determined for the purpose of prosecuting banks according the article 134 of the Tax code of the Russian Federation, should not include the amount of fines and penalties, since banks are not actual participants in the legal relationship “tax authority — taxpayer” and have no right to appeal against the amount of money that serves as the basis for establishing a fine.

scholarly journals Anti-Money Laundering and Anti-Corruption Sense of Justice of Citizens of the Russian Federation as a Factor of Economic Security

2018 ◽  
Vol 3 (2) ◽  
pp. 54
Author(s):  
Chos O A.
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Economic Security ◽  
International Level ◽  
Economic Stability ◽  
Law Enforcement Agencies ◽  
Government Relations ◽  
The Russian Federation ◽  
Sense Of Justice

The maintenance of economic security of the state is currently the most important problem of governments of all countries. This affects the economic stability of the population, the confidence of citizens to their government, relations at the international level. Law enforcement agencies need to fight threats such as money laundering and corruption. The role of citizens in this struggle is far from minimal, and their level of legal awareness has a decisive influence in this struggle. Keywords: economic security, AML / CFT, corruption, legal awareness, sense of justice

scholarly journals LAWMAKING ACTIVITY OF TERRITORIAL ENTITIES OF THE RUSSIAN FEDERATION: PROBLEMS AND SOLUTIONS

2017 ◽  
Vol 2017 (2) ◽  
pp. 95-99
Author(s):  
О. Рыбаков ◽  
O. Rybakov ◽  
О. Рыбакова ◽  
O. Rybakova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Constitutional Court ◽  
Legal Doctrine ◽  
Problems And Solutions ◽  
The Russian Federation ◽  
The Law ◽  
Legal Expertise ◽  
Law Making

<p>The article features an analysis of lawmaking activity of territorial entities of the Russian Federation, while focusing on some problems of regional normative legal acts. The authors define the role of legal expertise as one of the key elements of the regional law-making activity providing unity and integrity of the law over the whole territory of the Russian Federation. The analysis of the concept of “legal expertise” due to the regional regulations is given in the article, as well as its types and its essence. The authors examine different trends and approaches to the nature of the normative legal act due to the Constitutional Court of the Russian Federation practice, as well as in legal doctrine and legal law enforcement practice.</p>

Role of the lawyer community in the law enforcement activity of the state

2019 ◽  
pp. 487-497
Author(s):  
Artem Viktorovich Vorob’ev
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Legal Assistance ◽  
Technical Base ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Law ◽  
Enforcement Activity

We consider the importance of advocateship in the process of protecting human rights and freedoms, the interests of organizations, society and the state. We indicate the grounds and circumstances of the provision by lawyers of qualified legal assistance to certain categories of citizens, including on a non-refundable basis. We reveal the importance of the professional and business qualities of a lawyer, as a representative of the lawyer community, in providing legal assistance. We pay attention to the high moral, ethical and legal nature of the lawyers activities, in particular, the moral requirements for the lawyer personality; activity in defending the interests of the grantor (client); legal guarantees for the independence of a lawyer and others. Advocateship, as an institution that does not belong to state power, but to civil society, which has such characteristics as autonomy, independence, cor-poratism, self-government, has a significant role in the law enforcement ac-tivity of the state. Envisage to increase the role of the lawyer community in advocacy, to increase the qualifications of lawyer personnel, expand the rights of lawyers in providing legal assistance, and significantly improve the information and technical base. A number of legislative transformations to increase the effective functioning of the lawyer community, enhancing the professional advocateship independence of the Russian Federation, can be-come productive only when the state ensures the trust of citizens on the part of the lawyer community, it is also necessary to end impunity in the advocacy sphere, and increase the level of legal order and legality, to strengthen the supervision quality of the rights and freedoms of man and citizen observance institution.

The Role of the Constitutional Court of the Russian Federation in the Formation of the Taxpayer Integrity Concept

2021 ◽  
Author(s):  
T.I. Afanasyeva ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Negative Impact ◽  
Practical Implementation ◽  
Constitutional Court ◽  
Leading Role ◽  
The Russian Federation ◽  
Russian Law ◽  
Tax Benefits

The article investigates the influence of the positions of the Constitution-al Court of the Russian Federation on the formation of the taxpayer integrity presumption in Russian law. The research is conducted in the context of the implementation and protection of taxpayers` rights. The lack of a uniform un-derstanding of the constitutional principal content determines the problems as-sociated with the legal assessment of the actions of taxpayers aimed at opti-mizing the tax burden. Taking into account the place of the Constitutional Court of the Russian Federation in the political system of the country as the highest body of constitutional control, which approves the principles of legali-ty both in law-making and in law enforcement, it is concluded that the leading role in the formation of the taxpayer integrity concept belong to the Constitu-tional Court of the Russian Federation. At the same time, the analysis of the practical implementation of a number of provisions of the Tax Code of the Russian Federation, their interpretation by the Constitutional Court of the Russian Federation showed a lack of consistency in its positions regarding the assessment of the legality (illegality) of tax benefits. The latter, in turn, has a negative impact on the law enforcement process in the field of taxation and makes us think about the mechanism for reviewing our positions by the Con-stitutional Court of the Russian Federation.

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