Early Assignment of Insurance Pensions to Individuals, Raising a Disabled Child: Analysis of Legislation and Directions of Legislative Renovation

2020 ◽  
Vol 7 ◽  
pp. 69-73
Author(s):  
O. Yu. Fes'kova ◽  
◽  
Ju. Е. Sokolova ◽  
Keyword(s):  
Russian Federation ◽  
Scientific Research ◽  
Early Registration ◽  
The Subject ◽  
The Russian Federation ◽  
The Right ◽  
Structural Methods

The article analyzes the current pension legislation of the Russian Federation in relation to the procedure and conditions for granting the right to early registration of a pension for persons engaged in raising a disabled child. In the course of research, the authors use historical-legal and system-structural methods of cognition of the subject of scientific research, refer to international legal acts.

Effective Establishment of Hidden Labor Relations by Judges in Russia from the Perspective of Integrative Legal Understanding

2021 ◽  
Vol 6 ◽  
pp. 10-15
Author(s):  
M. V. Sozanova ◽  
◽  
O. U. Fes'kova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Scientific Research ◽  
Labor Rights ◽  
Labor Legislation ◽  
The Subject ◽  
The Russian Federation ◽  
Legal Understanding ◽  
Structural Methods

The article analyzes the current labor legislation of the Russian Federation: considers the procedure and conditions for the emergence of labor relations, Рrotection of labor rights of the employee and compliance with the requirements of inadmissibility of abuse of labor rights by the employer when registering labor relations as an optional means, the authors of the article used in combination historical-legal and system-structural methods of cognition of the subject of scientific research.

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 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 Differentiation of criminal liability depending on the signs of the subject of the composition of a transport crime

2021 ◽  
Vol 17 (2) ◽  
pp. 15-22
Author(s):  
Valeriy F. Lapshin
Keyword(s):  
Content Analysis ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Motor Vehicles ◽  
Direct Control ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
Structural Methods

Subject of research: signs of the subject of the offenses under Art. 264 and 2641 of the Criminal Code of Russia (hereinafter the Criminal Code). Purpose of the study: formulation of proposals on the content of the category "subject of traffic crimes", depending on which a qualitative differentiation of responsibility for crimes involving the use of motor vehicles is ensured. List of methods and objects of research. To obtain the results of the research, the methods of cognition used in the humanities (legal) sciences were used. The method of content analysis was used in the study of the content of Art. 264, 2641, 109 and 118 of the Criminal Code, as well as Resolutions of the Plenum of the Supreme Court of the Russian Federation of December 9, 2008 No. 25. The dialectical method was used in the study of opinions on the qualification of some transport crimes. Logical and systemic-structural methods were applied in the study of the typical degree of social danger of the criminal's personality. Conclusions based on the results of the study: 1) the subject of the offenses under Art. 264 and 2641 CC is special. It is determined on the basis of the existence of an official right to drive a vehicle and the corresponding obligation to comply with the relevant safety rules; 2) the instructor possesses the characteristics of a subject of corpus delicti of transport crimes in cases when he had a real opportunity to drive a training vehicle and (or) exercised direct control of it together with the student.

scholarly journals Restriction of the access to justice for consideration of the criminal procedure dispute in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation

2021 ◽  
pp. 58-69
Author(s):  
Tatiana Topilina
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
Soviet Space ◽  
The Russian Federation ◽  
The Right ◽  
Right Of Access

This article analyzes the problems of implementation of the right of access to justice for consideration of the criminal procedure dispute in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation. The author carefully examines the legislation of the countries of post-Soviet space on filing a complaint against actions (omissions), as well as decisions of the prosecuting agency in pretrial proceedings. The subject of this research is the norms of the Russian and foreign legislation that regulate the right of access to justice in criminal proceedings. The object is the legal relations arising in the context of implementation of the right of access to justice. The article employs the universal systemic method of cognition; comparative-legal, formal-legal, and statistical methods; as well as logical analysis of the normative legal acts. It is indicated that restriction of the access to justice for consideration of the criminal procedure dispute in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation is also established by the practice developed in law enforcement for evaluation of the complaint prior to its consideration involving  the parties with the possibility of making a decision on whether to remit or reject the complaint in the absence of legislatively specified grounds, which directly affects the number of addressed complaints. The conclusion is made on the need to specify the grounds for remitting the complaint of an applicant filed in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation, for the purpose of excluding the possibility of decision made by the court that is not based on the law on remitting or rejecting the complaint for consideration (the Article 125 of Code of Criminal Procedure Code of the Russian Federation).

scholarly journals Administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the Ural Federal District: the peculiarities of legal regulation

2021 ◽  
pp. 32-46
Author(s):  
Stanislav Vladimirovich Kalashnikov
Keyword(s):  
Russian Federation ◽  
Federal District ◽  
Legal Regulation ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
The Right ◽  
Legal Mechanism

The subject of this this research is the normative legal and legal acts of the government bodies of the constituent entities of the Russian Federation included into the Ural Federal District (Kurgan, Sverdlovsk, Tyumen, Chelyabinsk regions, Khanty-Mansi Autonomous Okrug, Ugra and Yamalo-Nenets Autonomous Okrug) that regulate the administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the indicated regions. Special  attention is given to the importance and need for legal regulation of the issues associated with arranging additional guarantees and exercising the right of citizens to appeal to government bodies, particularly on the level of the constituent entities of the Russian Federation included into the Ural Federal District. Based on the comprehensive analysis of the aforementioned normative legal act and legal acts, the author reveals the peculiarities of legal regulation of the administrative legal mechanism for exercising the right of citizens to appeal to government bodies in the constituent entities of the Russian Federation included into the Ural Federal District, the limits of norm-setting authorities of the listed regions of the Russian Federation, specificities of securing additional guarantees of the rights of citizens to appeal to government bodies in the corresponding regional laws, approaches towards consolidation of the categorical and conceptual apparatus, determination of parties to legal relations in the area of exercising the right of citizens to appeal to government bodies, the role of normative legal and legal acts of the constituent entities of the Russian Federation included into the Ural Federal District within the mechanism of exercising the right of citizens to appeal to government bodies. The conclusion is formulated on the prospect of the approaches of certain constituent entities of the Russian Federation towards legal regulation of the mechanism for exercising the right of citizens to appeal government. The author also makes recommendation for its improvement.

scholarly journals The Risk-Oriented Approach in Antimonopoly Control in the Russian Federation as a Research Subject

2021 ◽  
Vol 3 ◽  
pp. 23-28
Author(s):  
Kirill A. Pisenko ◽  
◽  
Pavel V. Slavinskiy ◽  
Keyword(s):  
Economic Development ◽  
Russian Federation ◽  
Social Economic ◽  
Scientific Research ◽  
Research Subject ◽  
The Subject ◽  
The Russian Federation ◽  
Social Economic Development ◽  
Oriented Approach

In the article, in the context of improving the control and supervision activities and social-economic development of the country, approaches to determining the subject of scientific research on the problems of regulation and the use of a risk-based approach in domestic antimonopoly control are investigated.

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