Сourt as a Subject of Enforcement Proceedings

2021 ◽  
Vol 2 ◽  
pp. 55-63
Author(s):  
V. V. Dzhura ◽  
◽  
D. A. Kovarin ◽  
B. A. Tugutov ◽  
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Interpretation ◽  
Judicial Practice ◽  
The Supreme Court ◽  
General Scientific ◽  
The Russian Federation

The specifics of legal relations in the sphere of enforcement proceedings as a procedure for compulsory execution of judicial acts and acts of other specially authorized bodies inevitably affect the features of the procedural position of the judicial bodies in this procedure. In this regard, the authors have attempted to determine the actual legal status of the court in this area and identify the most pressing problems that arise in the implementation of its main powers. To achieve this goal, both General scientific (logical and system) and private scientific (formal legal, comparative legal, legal interpretation) research methods were used. It is established that the court is not a monofunctional body, having multiple procedural functions in this procedure at almost every stage of enforcement proceedings. The authors describe their own classification of the powers of courts of arbitration and courts of General jurisdiction in the procedure of compulsory execution of judicial acts, the provisions of the current legislation and legal positions of legal scholars, the materials of law-enforcement practice of the Federal bailiff service. The author studies problematic issues that arise in the course of the courts' performance of their functions in the framework of enforcement, as well as in the process of interaction with the bodies that perform it. Special attention is also paid to the so-called «judicial rulemaking» carried out by the highest judicial authorities of the Russian Federation, and it is concluded that the authority of their guidelines is gradually increasing, including in the field of enforcement proceedings. In addition, it is concluded that the provisions of the current legislation on enforcement proceedings in conjunction with the array of judicial practice of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation may in the future become the legal and practical basis for the draft Executive code of the Russian Federation.

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

Law enforcement practice in the field of budget: theoretical-legal and judicial-arbitration aspects

2021 ◽  
Author(s):  
Hristina Peshkova ◽  
Vladimir Pachkun
Keyword(s):  
Law Enforcement ◽  
Graduate Students ◽  
Russian Federation ◽  
Financial Control ◽  
Constitutional Court ◽  
Educational Organizations ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation

The monograph examines the practical aspects of the application of the budget legislation of the Russian Federation in judicial practice — the practice of the Supreme Court of the Russian Federation and arbitration courts, as well as the functions of the Constitutional Court of the Russian Federation on the interpretation of budget legislation. The article analyzes the theoretical and legal provisions of law enforcement activities in the field of the budget, as well as the categories of budget and legal science. For legal scientists, graduate students, students of legal educational organizations, as well as practitioners of courts, financial control bodies and other state and municipal institutions.

scholarly journals «Use of office position» when committing fraud: problems of application

2021 ◽  
Vol 60 (1) ◽  
pp. 97-104
Author(s):  
Valeria V. Zabrodina ◽  
Anna G. Menshikova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Position Errors ◽  
Judicial Practice ◽  
Official Position ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation

The authors in the article consider the problems of establishing the qualifying feature use of official position when committing fraud. Based on the analysis of the doctrine of criminal law, clarifications of the highest court, materials of specific judicial practice, a circle of subjects related to persons using their official position is determined, as well as the procedure and mechanism for using official position in fraud. According to the results of the study, it is proposed to include in the current resolution of the Plenum of the Supreme Court of the Russian Federation On judicial practice in cases of fraud, misappropriation and embezzlement additional clarifications that reveal the understanding of the content of the sign use of official position. The authors propose to expand the understanding of the subject of official fraud. Such provisions will promote uniformity in law enforcement and helpavoid qualifying fraud using official position errors.

scholarly journals Malfeasances: features of law enforcement.

2020 ◽  
Vol 14 (3) ◽  
pp. 331-337
Author(s):  
M.P. Pronina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the problems of law enforcement in the group of malfeasances. Official crimes are most dangerous due to the fact that they undermine the prestige of the authorities and directly violate the rights and legitimate interests of citizens and organizations. In this regard the legislator has established criminal liability for officials who abuse their functional duties. In particular the author studies the problems of qualification arising in the legal assessment of crimes enshrined in Ch. 30 of the Criminal Code of the Russian Federation, due to the highest level of their blanketness and evaluativeness. Examples of judicial and investigative practice on competition issues of general and special rules are given. Difficulties are revealed in the legal assessment of the actions of officials when determining the signs of abuse of office, enshrined in Art. 286 of the Criminal Code of the Russian Federation. Arguments are presented that are a clear demonstration of the fact that the solution to the identified problems of applying the norms of the criminal law lies in the plane of reducing the level of conflict of laws of criminal legislation. Practical proposals are being made to include amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes” (clause 12.1) and Resolution of the Plenum of the Supreme Court of the Russian Federation dated 16.10.2009 No. 19 “On judicial practice in cases of abuse of office and abuse of office” (p. 21.1). The solution of the stated problems in the field of application of the norms of the criminal law consists in the development of a uniform practice of application of the norms of the Criminal Code of the Russian Federation, reduction of the level of gaps in criminal legislation, the development of methodological and scientific recommendations with the participation of law enforcement officials and scientists, the preparation of draft laws and plenums of the Supreme Court aimed at elimination of gaps and gaps.

scholarly journals On the issue of violation of the uniformity of judicial practice

2021 ◽  
Vol 39 (3) ◽  
pp. 113-117
Author(s):  
N. Sh. Gadzhialieva ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Legal Status ◽  
Civil Procedure ◽  
Court Decisions ◽  
Judicial Practice ◽  
Procedure Code ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Legislative Changes

The article is devoted to such grounds for the cancellation or amendment of court decisions in the supervisory procedure, as a violation of the uniformity of judicial practice. The author analyzes the provisions of the current civil procedure legislation, the explanations of the Plenum and the Presidium of the Supreme Court of the Russian Federation on the application of paragraph 3 of Article 391.9 of the Civil Procedure Code of the Russian Federation. The article identifies such problems as the lack of normative consolidation of the terms "judicial practice" "unity of judicial practice", the uncertainty of the legal status of acts of the highest judicial instance, the possibility of bringing judges to disciplinary responsibility for violating the unity of judicial practice. Based on the results of the study, the author comes to the conclusion that comprehensive legislative changes are necessary to achieve the unity of judicial practice

Hearing of Cases about Indemnification, Caused to the Environment: Procedural Questions ofJudicial Practice

2020 ◽  
Vol 4 ◽  
pp. 48-58
Author(s):  
M. A. Fokina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Research Gaps ◽  
Supreme Courts ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

Research objective is the analysis of practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on cases of indemnification caused to the environment. Proceeding their concepts of integrative right understanding the author reveals the importance of legal positions of the supreme judicial authorities for law-enforcement practice of inferior courts by hearing of cases about indemnification, caused to the environment. During the research gaps in the current legislation and ways of their completion in judicial practice are revealed. Methods. As methods of a research the legallistic method, synthesis, the analysis, induction, deduction were used. Results. The research showed certain shortcomings and gaps of legal regulation of an order of the indemnification caused the environment. Legal positions of the supreme courts which allowed to meet lacks and shortcomings of the legislation are revealed and analysed and to provide appropriate protection of the rights of citizens and legal entities.

Some Questions of Parole in the Criminal Law of the Russian Federation

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 337-350
Author(s):  
Ildar A Tarhanov ◽  
Ramil R. Gayfutdinov ◽  
Karimov M. Karimov ◽  
Ilnur A. Muzafarov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
The Social ◽  
The Supreme Court ◽  
Standard Text ◽  
The Russian Federation ◽  
Points Of View

The article examined fundamental issues of parole in the criminal law of the Russian Federation and, at the same time, aspects of the negative deloscope impact on the identity of the inso, from various points of view on the "social elevators" programme. All these social problems cause a low level of voluntary softening of the damage caused to the victim. During the analysis, we found that the legislature did not formulate well the model that it behaves encouraging to compensate for the damage caused, as set out in the standard text. An indication of the possibility of using incentives in the event of damages the possibility of an ambiguous interpretation of the standard text, leading to difficulties in law enforcement. In the conclusions, we express our position on the need for legal regulation other than this issue. Particular attention was paid to the victim's role in determining the amount of damage. The input of the article focused on discussing various approaches to this issue and establishing the need to clarify the criminal legal status of the victim at the level of the plenary session of the Supreme Court of the Russian Federation.

scholarly journals Problems of realization of the civil status of an individual entrepreneur in the Russian Federation

2021 ◽  
Vol 7 (3C) ◽  
pp. 443-462
Author(s):  
Dina Viktorovna Alontseva ◽  
Olga Anatolyevna Lavrishcheva ◽  
Natalya Yuryevna Timofeeva ◽  
Tatyana Aleksandrovna Shabalina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Teaching Activities ◽  
Legal Personality ◽  
Judicial Practice ◽  
Domestic Legislation ◽  
Civil Status ◽  
The Russian Federation ◽  
Large Groups

In this article, the authors examined in more detail the elements and identified the specifics of the civil legal personality of an individual entrepreneur; analyzed their statutory rights and obligations, which were systematized into two large groups: civil-economic and civil-legal, and also formulated proposals and justified the necessary changes in the current domestic legislation in the field of implementing the civil-legal status of an individual entrepreneur. The identified problems and the proposed system of scientific views significantly expand the previously obtained theoretical teachings on the legal status of an entrepreneur, taking into account modern politics and trends in the development of the Russian Federation. The results of this research can be applied in the law-making and law enforcement sphere, as well as be of interest for scientific and teaching activities. In the course of this research, the norms of Russian legislation, materials of judicial practice were studied, as well as doctrinal sources on the topic of the work were analyzed.

scholarly journals Joint Responsibility of the Parent Company under Obligations of Subsidiary Company

2019 ◽  
Vol 8 (4) ◽  
pp. 438-441
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
The United States ◽  
Legal Regulation ◽  
Parent Company ◽  
Analysis Method ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Parent Companies

The objective of this article is to identify the problems of joint responsibility of the parent company for the obligations of the subsidiary company and propose a solution to them. The author has used the analysis method while studying the legislation governing the joint responsibility of the parent company, its law enforcement practice and scientific literature on problems in this area. The experience of legal regulation of joint responsibility of the parent company under the obligations of the subsidiary company has been compared with the legal experience of the United States of America. Studying the conditions for holding the parent company liable for the obligations of a subsidiary, the author has concluded that at present, the Russian legislation defining the legal status of the parent companies is imperfect and needs to be changed. Accordingly, a new version of paragraph 2 of clause 2 of Article 67.3 of the Civil Code of the Russian Federation has been proposed, as well as recommendations for the Supreme Court of the Russian Federation.

scholarly journals Features of Mental Elements of Bribery Facilitation

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Vadim Zamaraev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Factors ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Social ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Definition Of ◽  
Criminal Legislation

The article provides a description of relevant features of the mental elements of the crime regulated by Article 291.1 of the Criminal Code of the Russian Federation. The paper also examines the general actor of the specific corruption act by applying a criminological approach and analyzing the empirical base for this category of criminal encroachment. The author researches the "physical" and "intellectual" bribery facilitation ways defined in the literature. Detailed attention is paid to optional features of the mental elements of mediation in bribery, such as: "motive" and "purpose" of the crime. The author proposes his definition of the mental elements of mediation in bribery, and provides the list of the social factors that influence the commission of a crime under Articles 291.1 of the Criminal Code of the Russian Federation having studied law enforcement practice and interviewed representatives of the general population of the Russian Federation. The results of this study can be used for further improvement of the criminal legislation of the Russian Federation, in terms of amendments and additions to the qualifying factors of bribery facilitation and the introduction of appropriate explanations in the current resolution of the Plenum of the Supreme Court of the Russian Federation No. 24 of 09 July 2013 "On judicial practice in cases of bribery and other corruption-related crimes".

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