scholarly journals Legal Nihilism in the Context of the Implementation of Amnesty and the Social Consequences of its use (on the Example of the Russian Federation)

2019 ◽  
Vol 8 (4) ◽  
pp. 6069-6072 ◽  
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Positive Impact ◽  
Comprehensive Analysis ◽  
Social Consequences ◽  
Dual Nature ◽  
The Social ◽  
The Russian Federation

The article deals with the peculiarities of the interaction of such legal phenomena as legal nihilism and amnesty. Based on a comprehensive analysis of these phenomena, the authors substantiate the opinion that the issue of an amnesty act can have both positive and negative social consequences, which reflect the dual nature of legal nihilism: the combination of both destructive manifestations and a positive impact on social relations.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

scholarly journals Procedural problems in cases of tax violations discovered in the course of tax audits (Article 101 of the Taxation Code of the Russian Federation)

2020 ◽  
pp. 46-57
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Statistical Analysis ◽  
Russian Federation ◽  
Social Relations ◽  
Document Analysis ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Empirical Material

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.

Optional signs of the subjective part in crimes against life and health in russian legislation: psychological and criminological aspects

2021 ◽  
Vol 7 (3B) ◽  
pp. 105-115
Author(s):  
Marina Leonidovna Prokhorova ◽  
Elena Vladimirovna Silchenko ◽  
Elena Anatolyevna Elets ◽  
Ilya Nikolaevich Ulitin
Keyword(s):  
Social Behavior ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Behavior ◽  
Criminal Code ◽  
Forming Process ◽  
The Social ◽  
The Russian Federation

Within the scope of the current research, the analysis of the psychological and criminological aspect of the optional signs of the subjective part in crimes against life and health has been conducted. Within the scope of the psychological and criminological features, stated patterns can be disclosed through the forming process of the criminal behavior mechanism.  Within the framework of the current research it has been established that individual determinant which can help to differentiate related elements of crime are common to each premeditated crime against life and health. Mental derangements, irritation, anti-social behavior, depreciation of the social relations, indifference to others and other negative emotional patterns are often common to the criminals committing premeditated crimes which are punishable under Chapter 16 of the Criminal Code of the Russian Federation. Discovered patterns can be useful for the development of new investigation techniques, for the prevention of the stated crimes and legislation improvement.

scholarly journals The concept of significance of violation of procedural norms of legislation of the Russian Federation on taxes and fees in terms of appointing an on-site tax audit

2021 ◽  
pp. 60-69
Author(s):  
Maksim Igorevich Zimulkin
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Case Law ◽  
Legal Aspects ◽  
The Social ◽  
Relevant Case ◽  
Tax Audit ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the legislation of the Russian Federation, case law, as well as domestic and foreign doctrine, which allow establishing the essence of legal relations for the purpose of appointment of on-site tax audit. The object of this research is the social relations in terms of appointing an on-site tax audit. The author considers legal aspects associated with the procedural issues of appointing an on-site tax audit, and violations committed by tax officials in appointing an audit. Special attention is given to the problems of qualification of procedural violations as significant, i.e. entailing cancellation of the decision of tax authority, acknowledgement of actions (or inaction) of tax officials as unlawful. The scientific novelty of this work consist in formulation of the criterion of significance of violation of procedural norms of the legislation of the Russian Federation on taxes and fees in terms of appointing an on-site tax audit. Leaning on the results of research of the Russian and foreign doctrine, as well as the analysis of the relevant case law, the author determines the procedural violations of tax officials committed in appointing tax audit, which should result in cancellation of the decisions of tax authorities, an acknowledgement of the actions (or inactions) of tax officials as unlawful. The conclusion is made on the content of the criterion of significance of violation of procedural norms of the legislation of the Russian Federation on taxes and fees in terms of appointing an on-site tax audit.

scholarly journals MODERN TENDENCIES OF CRIMINAL LEGAL POLICY OF THE RUSSIAN FEDERATION IN THE SPHERE OF COUNTERACTION OF CORRUPTION: CRIMINALLY - LEGAL MEASURES OF COUNTERACTION OF CORRUPTION

2019 ◽  
Author(s):  
Анна Цыкора ◽  
Anna Tsykora ◽  
Екатерина Суколенко ◽  
Ekaterina Sukolenko
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Social Institutions ◽  
Legal Policy ◽  
State Institutions ◽  
The Social ◽  
The Russian Federation

Corruption is a systemic threat of the highest order for the social relations existing in the Russian Federation. The consistency of the caused problem is characterized by the fact that the problem of corruption implies its focus on the destruction of absolutely all social institutions (public associations, movements, parties) and state institutions (legislative executive and judicial bodies).

scholarly journals Problems of the mechanism for challenging of transactions of the debtor in bankruptcy case

2021 ◽  
pp. 30-45
Author(s):  
Viktoriya Viktorovna Kalinkina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Subject Matter ◽  
Court Ruling ◽  
Federal Law ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation

The subject of this research is a set of legal norms that regulate relations in the sphere of challenging of transactions of the debtor, as well as the law enforcement practice. The object of this research is the social relations that develop in the context of challenging of transactions of the debtor in bankruptcy case. The article discusses the problems faced by the arbitration and financial executives at the stage of claim preparation for challenging of transactions of the debtor, i.e. formation of evidence, as well as at the stage of execution of the corresponding court ruling. The purpose goal of this article lies in articulation of the problem, substantiation of the need for legislative regulation, and formulation of recommendation for the improvement of current legislation on the subject matter. The scientific novelty consists in addressed the issues that have not previously become the subject of separate research; as well as in the author’s conclusions and recommendations aimed at the improvement of the Federal Law No. 127-FZ of. October 26, 2002 “On Insolvency (Bankruptcy)” and other normative legal acts regulating this field. The acquired results can also be used in the Russian legal science for further elaboration on the issues related to the effectiveness of the mechanism for challenging of transactions of the debtor, and as well  as improvement of the current legislation of the Russian Federation and law enforcement practice that regulate this field.

scholarly journals Practical issues of implementation of the institution of regulatory sandboxes into the Russian legislation in the context of enactment of the Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”

2020 ◽  
pp. 18-25
Author(s):  
Vladislav Olegovich Makarov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Personal Data ◽  
Legal Regulation ◽  
Federal Law ◽  
Personal Data Protection ◽  
The Social ◽  
Legal Regimes ◽  
The Russian Federation

This article reviews the topical practical issues of implementation of the institution of experimental legal regimes into the Russian legal system due to adoption of the new Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”. The author analyzes the social context that changed in the course of discussion and revision of the draft law, as well as examines the problems of harmonization of the current legislation with the new legislation. The question is raised on the adequacy of exceptions with regards to processing of personal data for the participants of experimental legal regimes; the presence of parallel regulation of the sphere of digital innovations is indicated. Analysis is conducted on the legislative novels in the area of establishment and regulation of experimental legal regimes in the Russian Federation. The conclusion is made on the timeliness of adoption of the Federal Law “On Experimental Legal Regimes in the Sphere of Digital Innovations” and feasibility of usage of its legal mechanisms in the changing conditions caused by the spread of coronavirus infection COVID-19. The need is underlined for determination of the hierarchy of sources and model of legal regulation for the experimental legal regimes to exclude parallel regulation of the uniform social relations by various federal laws, as well for further elaboration of special legislative norms on personal data protection applicable to experimental legal regimes that involve big data analysis.

GOVERNMENT SUPPORT MEASURES FOR FAMILIES, PROTECTION AND POVERTY ALLEVIATION OF FAMILIES WITH CHILDREN

2020 ◽  
Vol 10 (2) ◽  
pp. 147-153
Author(s):  
NATALIA LETOVA ◽  
Keyword(s):  
Russian Federation ◽  
Effective Interaction ◽  
Basic Needs ◽  
Social Consequences ◽  
Government Support ◽  
Theoretical Problem ◽  
Crisis Situation ◽  
The Social ◽  
The Russian Federation ◽  
Families With Children

Task. The author of the article set himself the task of analyzing measures of state support for families with children. Model. To solve such a theoretical problem, it is necessary to investigate the social purpose of payments in relation to families with children, to study the types of such measures, to assess their consequences for solving the problems of demography. Conclusions. The system of measures of social support for families with children has an impact on the solution of another broader task - the fight against poverty of the population of our country. The scope of the study. Limited by relations in the field of family law and social security of the Russian Federation. Practical value. Identification of the problems and reasons for getting the family into a crisis situation will allow us to formulate general measures aimed at developing effective mechanisms to protect families with children. Social consequences. Determining the purpose of measures to support families with children, analyzing certain types of assistance will help to determine the relationship and interdependence of social and family norms, the effective interaction of which will ensure the basic needs of each family. Originality, value. A systematic study and investigation of the reasons that provoke a family to get into a crisis situation, identifying common problems that impede the proper satisfaction of the basic needs of all family members, will allow us to formulate common approaches in the formation of additional measures to support families with children. An analysis of the laws of the Russian Federation allows us to identify additional opportunities and new ways to protect families with children.

CONSTITUTIONAL INNOVATIONS AND SOCIAL VALUES OF THE STATE IN THE CONTEXT OF THE PRECARIOUS EMPLOYMENT DEVELOPMENT

2021 ◽  
Vol 7 (1) ◽  
pp. 78-94
Author(s):  
Larisa V. ZAITSEVA ◽  
Olga V. Alieva
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Social Protection ◽  
Well Being ◽  
Legal Regulation ◽  
Labor Rights ◽  
Political Event ◽  
Social Sphere ◽  
The Social ◽  
The Russian Federation

The most important political event in 2020 was the nationwide vote on the approval of amendments to the Constitution of the Russian Federation. Some of the adopted amendments directly concern the social sphere; they are designed to ensure an increase in the well-being of Russian citizens and the level of their social protection. This has actualized scientific research on social justice in all social sciences and humanities. In this regard, legal science is most interested in questions related to at least two aspects. First, to what extent are the amendments to the Russian Federation Constitution relevant from the point of view of the social sphere current state? To what extent are they conditioned by the current agenda and modern social relations content? On the other hand, to what extent does the current legislation designed to serve the implementation of the constitutional foundations meet the requirements of the Basic Law? Do not the provisions of the Constitution become an unattainable bright ideal in the modern system of legal regulation of specific legal relations? This work is devoted to the formulation of precisely these questions. It provides examples from the sphere of regulation of social and labor relations, which make it possible to talk about the difficulties that the law is already facing today, not having sufficient funds in its traditional arsenal to ensure the implementation of fair social standards established in the Constitution. The development of employment non-standart forms, the precarization of the labor market, an objective decrease in the number of hired workers in the total number of employed, creates a significant circle of subjects who today do not have access to the rights and guarantees established by the Constitution, since they are traditionally ensured by the norms of labor law, which does not apply to these citizens. Based on the experience of individual foreign countries, it is concluded that in order to fully implement the constitutional foundations and principles in the world of work, it is necessary to extend certain traditional labor rights and guarantees to the self-employed and workers employed on online platforms.

scholarly journals On violation of the procedure for transaction of punishments in the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation

2021 ◽  
pp. 49-58
Author(s):  
Mikhail Aleksandrovich Prostoserdov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Code ◽  
Practical Significance ◽  
The Social ◽  
Special Part ◽  
The Subject ◽  
The Russian Federation

This article provides the results of research of the system of sanctions of the Special Part of the effective Criminal Code of the Russian Federation. The object of this study is the social relations arising in temrs of infliction of criminal punishment. The subject of is sanctions of the norms of the Special Part of the effective Criminal Law of the Russian Federation. The goal consists in identification of flaws in establishment of such sanctions, substantiation of the negative impact of these flaws, and development of recommendations for their eliminations. Particular attention is given to the rules for establishment of sanctions of the norms of the Special Part of the Criminal Code of the Russian Federation, namely the procedure for the transaction punishments in the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation and consequences of violating this order. The scientific novelty of this research consists in identification of violations in the sanctions of norms that have recently come into legal force. The author also determines the violations that create internal contradictions within the effective criminal law. The three groups of violations of the procedure for transaction of punishments in the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation on various grounds have been distinguished. In the course of this study, the author detected fifteen violations of the rules for establishment of the sanctions of norms of the Special Part of the Criminal Code of the Russian Federation, as well as offered solutions for their eliminations. The acquired results are of practical significance and can contribute to the improvement of the Russian criminal law.

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