scholarly journals METHOD OF COMMITTING FRAUD IN THE FIELD OF HOUSING CONSTRUCTION

2020 ◽  
Vol 30 (5) ◽  
pp. 734-739
Author(s):  
Yu.N. Kuleshov
Keyword(s):  
Russian Federation ◽  
Complete Picture ◽  
Housing Construction ◽  
Constitutional Rights ◽  
Construction Sector ◽  
Scientific Interest ◽  
Optimal Sequence ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

Fraud in the construction sector encroaches on one of the constitutional rights - the right to housing, established by article 40 of the Constitution of the Russian Federation. One of the ways to prevent these crimes is to investigate them effectively. However, this requires knowledge of the characteristics of the commission of these crimes. Knowledge of a method of committing these crimes is of particular importance. In this regard, the subject of research, which is the basis of this article, is the method of committing fraud in the construction sector. Determining the specifics of the method of committing fraud in the field of housing construction allows you to identify the most optimal sequence of actions during the investigation, which can ensure the establishment of a complete picture of the crime committed. Problems of methods of investigation of these crimes are of scientific interest and their solution is demanded by the practice of investigation. The article makes recommendations that can be useful for effective investigation of fraud in the field of housing construction.

scholarly journals LOCAL SELF-GOVERNMENT: PRACTICE OF ELECTORAL LEGISLATION ENFORCEMENT

2018 ◽  
Vol 1 (4) ◽  
pp. 96-111
Author(s):  
Alexander Butakov
Keyword(s):  
Russian Federation ◽  
City Council ◽  
Constitutional Rights ◽  
Federal Law ◽  
Analysis And Synthesis ◽  
Scope Of Application ◽  
The Subject ◽  
The Russian Federation ◽  
The Law ◽  
The Right

The subject. The article presents a special study of the law enforcement practice of electoral legislation made by a court of various instances in the process of elections to the Omsk City Council of the sixth convocation held on September 10, 2017. The collision arises between the enforcement of federal and regional legislation is analyzed in the article.The purpose of the article is to find the ways of solving the conflict that arose during thr enforcement of federal and regional legislation regarding the verification procedure of voter’s signature.The methodology. The methods of analysis and synthesis are used. The focus of the scientific analysis concerns the courts decisions.The results, scope of application. In the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation” of June 12, 2002, No. 67-FZ, the last paragraph of par. 8 of art. 37 fixes a set of issues established by the law of a sub-sovereign entity of the Russian Federation in holding the elections to a representative body of local self-government. In 2003, the regional law No. 456-OZ “On Elections to Local Self-Government Bodies of the Omsk Region” was passed, in which issues referred to the jurisdiction of the subject of the Russian Federation in the last paragraph of par. 8 of art. 37 of Federal Law No. 67, were not confirmed, especially with regard to the consolidation of the verification order of voters' signatures and grounds for recognition these signatures invalid, and (or) invalidated. At the same time, the Federal Law “On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies” No. 138-FZ of November 26, 1996, which in par. 2 of art. 1 "registered" the mechanism of its application in case of unsettledness, even with regard to the right to elect and be elected to the bodies of local self-government by the law of that body.The nsettledness concerns the verification order of authenticity of voters' signatures in candidacy lists when nominating candidates for representative bodies of local self-government.Conclusion. The article considers the sequence of solving this problem by the courts of the first, appellate and cassation instances, as a result of which the essence of the collision does not find its material and procedural solution, still remaining a gap both in the legislation and in the activities of federal control and supervisory bodies.

scholarly journals FORMS OF ENVIRONMENTAL RIGHT PROTECTION

2020 ◽  
Vol 36 (4) ◽  
pp. 106-112
Author(s):  
N.Sh. Gadzhialieva ◽  
Keyword(s):  
Russian Federation ◽  
Broad Sense ◽  
Organic Unity ◽  
Healthy Environment ◽  
Judicial Practice ◽  
Favorable Environment ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation ◽  
The Right

The article analyzes various forms of protecting the right to a favorable environment, examines the concept of a form of protecting rights as a legal category. Based on the analysis of regulatory and scientific sources, the author has classified the forms of protection of the right to a favorable environment provided for in the law. Depending on the endowment of the subject carrying out the defense with the authority to use state coercion, the author identifies two large independent forms of protection: state and non-state. The author notes the legal uncertainty regarding the content of the right to a healthy environment, which complicates its protection. The positions of scientists who consider the right to a favorable environment in a narrow and broad sense are analyzed. Attention is drawn to the fact that the mechanism for protecting the right and the content of the right to a favorable environment are in organic unity and thus in the aggregate affect the formation of forms and methods of protecting the right to a favorable environment by a person. In conclusion, the author formulates the conclusions of the study, relying not only on the current legislation of the Russian Federation, but also on the established judicial practice, as well as on the scientific dogmas of Russian scientists in the field under study.

scholarly journals Features of signs of the crime object provided by article 166 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 192-198
Author(s):  
Алена Харламова ◽  
Alena Kharlamova ◽  
Юлия Белик ◽  
Yuliya Belik
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Direct Object ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problematic theoretical and practical issues of the content of the signs of the object of the crimes under Art. 166 of the Criminal Code. The authors determined the main direct object, revealed the essence of the right of ownership, use and disposal. Marked social relations that can act as an optional direct object. Particular attention is paid in the article to the subject of the crime. Attempts have been made to establish criteria that are crucial for the recognition of any vehicle as the subject of theft. The content of the terms “automobile” and “other vehicle” is disclosed. The analysis of the conformity of the literal interpretation of the criminal law to the interpretation of the law enforcer is carried out. It is summarized that the Supreme Court of the Russian Federation narrows the meaning of the term “other vehicle”, including in it only vehicles for the management of which, in accordance with the legislation of the Russian Federation, is granted a special right. The authors provide a list of such vehicles and formulate a conclusion on the advisability of specifying them as the subject of a crime. The narration of the article is accompanied by examples of decisions of courts of various instances in cases of crimes under Art. 166 of the Criminal Code of the Russian Federation

scholarly journals About some questions of dissolution of legislative bodies of subjects of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 106-113
Author(s):  
Людмила Тхабисимова ◽  
Ludmila Thabisimova ◽  
Эльман Ахъядов ◽  
Elman Akhyadov
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
State Power ◽  
The Body ◽  
Early Termination ◽  
Legal Responsibility ◽  
Legislative Body ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article examines the issues of dissolution of the legislative body of the subject of the Federation. Attention is drawn to the fact that the institution of dissolution is an institution of constitutional law, and when the legislative body is dissolved, it is not responsible to the body or official who decided to dissolve it, but to the population, its voters. On the basis of the study it is concluded that it is necessary to Supplement the list of grounds for early termination of the powers of the regional Parliament, as a measure of constitutional and legal responsibility, by including such grounds as the loss of voter confidence. The question of the need to empower the population of the subject of the Russian Federation with the right to decide in a referendum on the dissolution of the legislative (representative) body of state power of the subject of the Russian Federation.

scholarly journals The subject of judicial control in consideration of complaints: controversial issues of legal regulation

2021 ◽  
Vol 2021 (2) ◽  
pp. 104-109
Author(s):  
El'vira Mirgorodskaya
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
The Russian Federation

The purpose of this study was an attempt to theoretically understand the subject of judicial consideration of complaints against decisions, actions (inaction) of officials carrying out criminal prosecution. The research was carried out on the basis of comparative legal, formal logical, empirical, statistical methods. Judicial statistics for the year 2020 have been provided, and legislation has been studied from a historical and contemporary perspective, taking into account the practice of the Constitutional Court of the Russian Federation. The problem is that, in practice, for about 20 years the courts have had difficulties in determining the subject of complaints, since neither in theory nor in practice a consensus has been developed on this issue. The Criminal Procedure Code of the Russian Federation also does not contain a definition of the concept of «subject matter». The situation is aggravated by the presence of evaluative concepts in the text of the law, leading to a varied understanding of the subject of appeal by the courts, which leads to a violation of the constitutional rights of citizens at the pre-trial stages of criminal proceedings. In the article, taking into account the analysis of the practice of the Constitutional Court of the Russian Federation, legislation and the opinion of scientists, a recommendation was made to amend the Criminal Procedure Code of the Russian Federation to specify the subject of consideration of complaints in accordance with Art. 125 of the Criminal Procedure Code of the Russian Federation in order to eliminate existing contradictions in practice and increase the level of protection of individual rights in pre-trial proceedings.

scholarly journals Using of biometric technologies in the electoral process: opportunities and limitations

2021 ◽  
pp. 126-130
Author(s):  
Elena Bylinkina
Keyword(s):  
Russian Federation ◽  
Biometric Identification ◽  
Constitutional Rights ◽  
Electoral Process ◽  
Biometric Data ◽  
Technical Violations ◽  
The Russian Federation ◽  
The Right

The article examines the prospects, as well as the limitations associated with the possible use of biometric technologies in the electoral process of the Russian Federation, in particular, the inaccessibility of centers that collect biometric data, low awareness of citizens, failure of biometric technologies. The article analyzes the risks that can lead to unlawful deprivation of voters’ constitutional rights to participate in elections and referendums. In the end, it is concluded that it is necessary to provide legal guarantees for observing the electoral rights of citizens and the right to participate in a referendum, in particular, to establish a procedure for fixing the facts of technical violations that do not allow identifying voters and making a decision on admitting such voters to voting. This procedure is designed to guarantee the observance of the electoral rights of citizens in conditions of impossibility of biometric identification due to technical violations.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals Class Proceedings and Loss of the Right to a Separate Claim in an Arbitration Procedure

2020 ◽  
Vol 11 ◽  
pp. 55-57
Author(s):  
Vladislav Yu. Silchenko ◽  
Keyword(s):  
Russian Federation ◽  
Third Party ◽  
Civil Process ◽  
Procedural Code ◽  
Arbitration Procedure ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article provides an assessment of the reform of group production in the civil process of Russia. The author criticizes the norms of the Arbitration Procedural Code of the Russian Federation, by virtue of which a member of a group who refused to participate in a group proceeding, as well as a third party who claims independent claims regarding the subject of a dispute in a group proceeding, lose the opportunity to go to court with an independent claim at the request with which they could enter into group proceeding.

scholarly journals Constitutional Justice in Russia: History and Modern Times

2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Nikolay Taskayev ◽  
Anna Oleynik
Keyword(s):  
Russian Federation ◽  
System Structure ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Legal Reforms ◽  
Federal Constitutional ◽  
Governmental Power ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Right

The article examines the process of emergence, formation and development of the constitutional justice institution in Russia. It carries out an analysis of organization and activities of the USSR Constitutional Control Committee, the RSFSR Constitutional Court and the Constitutional Court of the Russian Federation. The authors draw a conclusion of the need of conducting constitutional and legal reforms in Russia, introducing amendments and additions to the Constitution of the Russian Federation. In order to increase efficiency of the constitutional jurisdiction, improving the organization and activity of the Constitutional Court of the Russian Federation, the General Prosecutors Office of the Russian Federation, the Investigation Committee of the Russian Federation, the Executive Office of the Human Rights Commissioner in the Russian Federation, the authors offer proposals of introducing amendments and additions to Articles 104, 125, 129 of the Constitution of the Russian Federation and the Federal Constitutional Law of 21.07.1994 № 1-ФКЗ «On Constitutional Court of the Russian Federation» in terms of authorizing the above-mentioned office-holders with the right of legislative initiative and making inquiries to the Constitutional Court of the Russian Federation. In particular, on issues of constitutionality of the laws, normative legal acts of the supreme bodies of the governmental power and office-holders of the Russian Federation and the entities of the Russian Federation; on solvation of disputes in terms of competence between the supreme bodies of the governmental power and office-holders of the Russian Federation and the entities of the Russian Federation; on violence of citizens constitutional rights. The authors also offer to expand the Article 129 of the Constitution of the Russian Federation up to a separate chapter of the Constitution in which to establish the place in the system of the governmental power the designation, system, structure, principles of organization and activity, the authorities of the prosecutors office bodies, including in the sphere of constitutional jurisdiction.

scholarly journals Violating the Confidentiality of Adoption: Problems of Implementing a Complex Law Mechanism in the Russian Federation

2018 ◽  
Vol 12 (6) ◽  
pp. 817-825
Author(s):  
Svetlana Kornakova ◽  
Elena Chigrina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Constitutional Rights ◽  
Democratic State ◽  
Priority Task ◽  
The Russian Federation ◽  
The Right

The priority task of any democratic state is safeguarding the interests of children, including the right of every child to live in a family. Adoption of orphans or children deprived of parental care is becoming more and more common in present-day Russia, which makes the issue of legal regulation highly relevant. The article examines the problems of implementing a complex legal mechanism that regulates the protection of the confidentiality of adoption and imposes criminal liability for violating it. It should be acknowledged that there are diverse approaches to the problem of criminal law protection of the confidentiality of adoption. The authors analyze the views of different scholars on this problem. They present a critical analysis of the viewpoint that the norm imposing liability for such a violation should be abolished and prove the social importance of preserving the confidentiality. The authors also discuss the problem areas of criminal law characteristics of crimes connected with violating the confidentiality of adoption and conduct a comprehensive research of this issue. The analysis of current legislation shows that it includes a sufficient number of norms safeguarding the confidentiality of adoption. At the same time, this legal institute includes some specific norms that need improvement, require editing or amending, which, according to the authors, stops them from performing their preventive functions. The article contains concrete recommendations on improving current Russian legislation in this sphere, in particular, on improving the clauses of Art. 155 of the Criminal Code of the Russian Federation, which establishes criminal liability in those cases where the confidentiality of adoption is violated. Besides, the authors examine the controversial issue of limiting the confidentiality of adoption because they believe that it is not lawful to deny a person who has reached majority the right guaranteed by the Constitution of the RF to learn information concerning him/herself, in this case, the right to know who their parents are. They suggest amending Art. 139 of the Family Code of the Russian Federation, which will make it possible to fully guarantee the constitutional rights of citizens.

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