Judicial Conciliation in the Protection of Consumer Rights during the Reform of the Procedural Legislation of the Russian Federation

2021 ◽  
Vol 4 ◽  
pp. 34-41
Author(s):  
A.N. Levushkin ◽  
◽  
V. V. Vorobyov ◽  
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
Legal Regulation ◽  
Empirical Methods ◽  
Problem Statement ◽  
Judicial Process ◽  
Dialectical Logic ◽  
Research Activities ◽  
Consumer Rights ◽  
The Russian Federation

Problem statement. The introduction of judicial conciliation procedures in the arbitration, civil and administrative process in order to protect the rights of consumers of services can serve as a positive impetus to the development of civilized out-of-court dispute resolution. However, the corresponding norms of APC RF, CPC RF, the CAJ RF and the Regulation of judicial reconciliation includes a number of provisions that are subject to critical analysis. Special attention should be paid to the rules that establish requirements for candidates for judicial conciliators, in terms of the need for retired judges to conduct research activities, which can hardly be considered justified. Purpose and objectives of the study. To identify the essential features of the application of judicial reconciliation in the protection of the rights of consumers of services during the reform of the procedural legislation of the Russian Federation. Objectives of the study: to perform judicial reconciliation in the protection of the rights of consumers of services to identify deficiencies of legal regulation in the field of judicial reconciliation under the protection of the rights of consumers, to formulate separate proposals for reform of the law. Method of research. We used empirical methods of comparison, description, and interpretation; theoretical methods of formal and dialectical logic; and historical-legal and comparative-legal methods. Results, brief conclusions. It is determined that the current Russian legislation in relation to the judicial process now provides for three types of conciliation procedures used to protect the rights of consumers of services: negotiations, mediation and judicial reconciliation. Mediation and judicial reconciliation, although separated by law, are not fundamentally different in nature. Although there are different requirements for mediators in these types of reconciliation, the appropriateness of such a separation is not sufficiently convincing. It is established that the requirements imposed on conciliators in combination with the powers vested in them can negatively affect the results of reconciliation to protect the rights of consumers of services. In this regard, it is proposed to amend the relevant procedural codes and the Rules of judicial reconciliation, which would eliminate the identified contradictions and shortcomings.

scholarly journals Some aspects of the forensic assessment of the reliability of the testimony of minor victims

2021 ◽  
pp. 69-71
Author(s):  
Ruslan Zaynullin
Keyword(s):  
Legal Regulation ◽  
Forensic Assessment ◽  
Empirical Methods ◽  
Problem Statement ◽  
Dialectical Logic ◽  
Theoretical Methods ◽  
High Level ◽  
A Minor

Problem statement: in the course of analyzing the legal regulation and practice of the participation of minor victims in verbal investigative actions, the author in this article identifies the problem of assessing the reliability of the testimony of minor victims. Objective: to develop general forensic recommendations for criminalistically ensuring the participation of a minor victim in verbal investigative actions, designed to ensure a high level of reliability of their testimony. Methods: empirical methods of comparison, description, theoretical methods of formal and dialectical logic. Results/brief conclusions: gaps in the legal regulation of the participation of a minor victim in verbal investigative actions are identified, and forensic recommendations are formulated to ensure that reliable testimony of minor victims is obtained.

scholarly journals Some Issues on Mediation in Resolving Disputes in the Russian Federation

2020 ◽  
Vol 15 (5) ◽  
pp. 135-143
Author(s):  
A. N. Levushkin ◽  
V. V. Vorobev
Keyword(s):  
Dispute Resolution ◽  
Russian Federation ◽  
Critical Analysis ◽  
Knowledge And Skills ◽  
Administrative Procedure ◽  
Research Activities ◽  
Procedure Code ◽  
Procedural Code ◽  
Arbitration Procedure ◽  
The Russian Federation

The introduction of judicial reconciliation procedures in the arbitrazh, civil and administrative procedure can serve as a positive impetus for the development of a civilized and effective out-of-court dispute resolution in the Russian Federation. However, there are a number of provisions that are subject to critical analysis in the relevant norms of the Arbitration Procedure Code of the Russian Federation, Civil Procedural Code of the Russian Federation, Administrative Procedure Code of the Russian Federation, and the Rules for conducting court mediation. Noteworthy are the rules establishing the requirements for candidates for judicial mediators regarding the need for retired judges to conduct research activities, which can hardly be justified. Due to the specificity of the conciliation procedure itself, it is also necessary to consider the issue of judicial mediators having knowledge and skills in the field of mediation. In this paper, the authors analyze some problems of mediation in resolving economic and other disputes in the Russian Federation and abroad, and propose some changes to the procedural legislation.

scholarly journals The balance between centralization and decentralization of anti-corruption legal regulation with regards to public officials

2021 ◽  
pp. 69-90
Author(s):  
Igor Sergeevich Andreechev
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
Legal Regulation ◽  
Public Officials ◽  
Legal Enforcement ◽  
Uniform State ◽  
The Subject ◽  
The Russian Federation ◽  
Centralization And Decentralization ◽  
Legal Force

The subject of this research is the anti-corruption legal regulation with regards to public officials from the perspective of balance between centralization and decentralization of such regulation. The goal lies in critical analysis of the established normative framework in the area of prevention of corruption for assessing the effectiveness of the applied mechanism of legal regulation. Anti-corruption legal regulation is characterized with multiplicity of normative acts, distribution or duplication of the normative legal content of acts of superior legal force in the acts of inferior legal force. Special attention is given to the examples of decentralization of anti-corruption regulation and methods of ensuring its coherence. The author provides the examples of centralization of anti-corruption regulation, which stemmed from the development of anti-corruption instruments. The conducted research allowed making recommendations on systematization of anti-corruption legislation with centralization and comprehensive anti-corruption regulation with regards to public officials. The key decrees of the President of the Russian Federation in the sphere of anti-corruption regulation with regards to public officials have been adopted over the period from 2009 to 201, and require refinement, taking into consideration the accumulated experience of their legal enforcement. The author also suggest legislating the content of the principle of uniform state policy in the sphere of prevention of corruption.

scholarly journals Uncertainty of Wording in the Federal Law "On the Prosecutor’s Office of the Russian Federation"

2020 ◽  
Vol 15 (12) ◽  
pp. 174-180
Author(s):  
A. F. Smirnov
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Norms ◽  
The Russian Federation

The paper is devoted to the study of issues arising from the application in the organization and activities of the prosecutor’s office of the norms of the Federal Law of 17.01.1992 No. 2202-1 "On the Prosecutor’s Office of the Russian Federation" known by their uncertainty and inconsistency. The author analyses the situations in which the existing methods of interpreting legal norms do not make it possible to find an appropriate solution in the functions of the prosecutor’s office implementation. The study notes the inconsistency of certain provisions of the Federal Law with the constitutional framework for regulating the organization and activities of the prosecutor’s office. The author highlights the unjustified expansion of the limits of departmental legal regulation of the organization of prosecutorial supervision. The legal norms governing the powers of prosecutors, objects of prosecutorial supervision and the function of the prosecutor’s office to initiate cases of administrative offenses and administrative investigation were subjected to critical analysis. Based on the results of the study, the author concludes that it is necessary to significantly amend and supplement the current Law.

scholarly journals Russian Law Enforcement Intelligence-Gathering Legislation: Problems and Ways to Address Them, Taking into Account the Experience of Some CIS Countries

2021 ◽  
Vol 15 (1) ◽  
pp. 194-201
Author(s):  
Aleksei V. Agarkov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Penal System ◽  
Dialectical Logic ◽  
Intelligence Gathering ◽  
Theory Of Intelligence ◽  
Legal Method ◽  
The Russian Federation ◽  
Cis Countries

Introduction: law enforcement practice and scientific research in the field of the theory of intelligence-gathering activities prove that current Russian intelligence-gathering legislation contains quite a few legal gaps and contradictions. The article provides a scientific analysis of a number of problematic issues concerning legal regulation of intelligence-gathering activities conducted in the Russian Federation, with an emphasis on the functioning of operational units of the penal system of the Russian Federation. Aim: to work out proposals to improve national intelligence-gathering legislation by reviewing intelligence-gathering legislation of CIS countries, analyzing the works of scientists on the theory of intelligence-gathering activities and regulatory framework for the work of operational units. Methods: comparative legal method, theoretical methods of formal and dialectical logic, specific scientific methods: legal-dogmatic method, interpretation of legal norms. Results: the article considers the inconsistency between the purpose of intelligence-gathering activities enacted in law and both the law enforcement practice and its legally defined tasks, the absence of a number of significant tasks, as well as the grounds for conducting intelligence-gathering activities by operational units of the penal system, the lack of legal regulation of the content of intelligence-gathering activities and their procedure. To prove the existence of these shortcomings, we analyze the most common intelligence-gathering measures such as questioning and inquiries. Having studied intelligence-gathering laws of several CIS countries we found some norms regulating intelligence-gathering activities in the penitentiary system, the use of which, in our opinion, is possible in Russian context. Based on this, we make proposals to improve legal regulation of intelligence-gathering activities, in particular, by disclosing the concept of each intelligence-gathering activity in the norms of intelligence-gathering law. Conclusions: the article develops and substantiates proposals for improving Russia’s intelligence-gathering law and concludes that it is necessary to transform fundamentally the legislative regulation of intelligence-gathering activities in Russia by adopting the appropriate code. Key words: intelligence-gathering activities; intelligence-gathering measures; shortcomings; problems; intelligence-gathering law; theory of intelligence-gathering activities; intelligence-gathering code.

scholarly journals Protection of consumer rights from unfair online advertising: certain theoretical and practical aspects

2021 ◽  
pp. 29-47
Author(s):  
Irina Viktorovna Ermakova
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Online Advertising ◽  
Legal Regulation ◽  
Telecommunication Networks ◽  
Federal Law ◽  
Legal Norms ◽  
Consumer Rights ◽  
Written Form ◽  
The Russian Federation

The subject of this research is the legal norms aimed at regulation of relations in the sphere of protection of consumer rights with regards to online advertising, including contextual and targeted advertising, as well as other type advertising distributed over telecommunication networks. The object of this research is the social relations arising in the process of creation, placement, and consumer perception of the aforementioned types of advertising. Special attention is given to the theoretical and practical aspects of protecting the basic consumer rights in the context of distribution of the indicated types of advertising, as well as compliance to the corresponding legislative prescriptions by the advertisers, including prohibition to mislead consumers, requirement to distribute advertising over telecommunication networks after receiving advance consent of the consumer, etc. The article provides the examples of court decisions and decisions of the Federal Antimonopoly Service of the Russian Federation on consideration of the this category of cases. The novelty of this research consists in outlining the effective approaches of the courts and the Federal Antimonopoly Service of the Russian Federation applicable to the essence, concept and relevant issues of legal regulation of online advertising in the context of protection of consumer rights, including controversial aspects of qualification of online advertising in accordance with the criteria of misleading or deception, as well as questions on due processing of consumer consent to distribution of advertising over telecommunication networks. The author makes recommendations for the improvement of corresponding norms of the Federal Law “On Advertising” and the Federal Law “On The Protection of Competition”, namely to stipulate on the legislative level the provisions that qualify advertising as inappropriate if contains potentially misleading or deceptive content, as well as that consent to receive advertising through telecommunication networks should be in a written form and contain the signature of the consumer.

scholarly journals Migration and Legal Regulation of the Admission of Foreign Scientists to the EU to Conduct Scientific Research at European Mega-Science Facilities

Lex Russica ◽  
2021 ◽  
pp. 135-147
Author(s):  
A. O. Chetverikov ◽  
T. S. Zaplatina
Keyword(s):  
Russian Federation ◽  
Scientific Research ◽  
Legal Regulation ◽  
The European Union ◽  
Skilled Workers ◽  
Voluntary Service ◽  
Research Activities ◽  
Time Space ◽  
The Russian Federation ◽  
The Eu

In the context of the reform of migration legislation in Russia, proceeding from the Concept of State Migration Policy of the Russian Federation for 2019-2025 and the Strategy of Scientific and Technological Development of the Russian Federation in 2016, the paper examines the experience of the supranational legal system of the European Union to create a special procedure for the admission of scientists from countries outside the EU, for the purpose of conducting scientific research in EU megascience facilities (experimental reactors, particle colliders, the synchrotrons, etc.).The subject of the study is the provisions of Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016. "On the Conditions of Entry and Residence of Third-Country Nationals for the Purposes of Research, Studies, Training, Voluntary Service, Pupil Exchange Schemes or Educational Projects and Au Paring" in the part relating to scientists ("Researchers" in the terminology of the Directive).Following the general characteristics (history of adoption, action in time, space and in the circle of persons, conceptual apparatus), the general and special conditions for admission of foreign scientists to the EU, the legal features of "admission agreements" with research organizations of the EU member States and migration documents (residence permits or visas for long-term stay), on the basis of which foreign scientists enter and engage in research activities in the EU, are considered.The final section specifies alternative legal mechanisms for the admission of foreign scientists to the EU — civil law and employment contracts (contracts), including within the framework of the application of EU legislation on the labor migration of highly skilled workers from third countries and the European blue card established by this legislation.

Russian Law Enforcement Intelligence-Gathering Legislation: Problems and Ways to Address Them, Taking into Account the Experience of Some CIS Countries

2021 ◽  
Vol 15 (1) ◽  
pp. 194-201
Author(s):  
ALEKSEI V. AGARKOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Penal System ◽  
Dialectical Logic ◽  
Intelligence Gathering ◽  
Theory Of Intelligence ◽  
Legal Method ◽  
The Russian Federation ◽  
Cis Countries

Introduction: law enforcement practice and scientific research in the field of the theory of intelligence-gathering activities prove that current Russian intelligencegathering legislation contains quite a few legal gaps and contradictions. The article provides a scientific analysis of a number of problematic issues concerning legal regulation of intelligence-gathering activities conducted in the Russian Federation, with an emphasis on the functioning of operational units of the penal system of the Russian Federation. Aim:to work out proposals to improve national intelligence-gathering legislation by reviewingintelligence-gathering legislation of CIS countries, analyzing the works of scientists on the theory of intelligence-gathering activities and regulatory framework for the work of operational units. Methods: comparative legal method, theoretical methods of formal and dialectical logic, specific scientific methods: legal-dogmatic method, interpretation of legal norms. Results: the article considers the inconsistency between the purpose of intelligence-gathering activities enacted in law and both the law enforcement practice and its legally defined tasks, the absence of a number of significant tasks, as well as the grounds for conducting intelligence-gathering activities by operational units of the penal system, the lack of legal regulation of the content of intelligence-gathering activities and their procedure. To prove the existence of these shortcomings, we analyze the most common intelligence-gathering measures such as questioning and inquiries. Having studied intelligence-gathering laws of several CIS countries we found some norms regulating intelligence-gathering activities in the penitentiary system, the use of which, in our opinion, is possible in Russian context. Based on this, we make proposals to improve legal regulation of intelligence-gathering activities, in particular, by disclosing the concept of each intelligence-gathering activity in the norms of intelligence-gathering law. Conclusions: the article develops and substantiates proposals for improving Russia’sintelligence-gathering law and concludes that it is necessary to transform fundamentally the legislative regulation of intelligence-gathering activities in Russia by adopting the appropriate code. Keywords: intelligence-gathering activities; intelligence-gathering measures; shortcomings; problems; intelligence-gathering law; theory of intelligence-gathering activities; intelligence-gathering code.

scholarly journals Current State of the Personnel Management System of the Penal Enforcement System

2021 ◽  
pp. 878-885
Author(s):  
Denis Brykov
Keyword(s):  
Personnel Management ◽  
Russian Federation ◽  
Management System ◽  
Professional Training ◽  
Legal Regulation ◽  
Dialectical Logic ◽  
Legal Method ◽  
Current State ◽  
The Russian Federation ◽  
Personnel Management System

Introduction: the article analyzes a current state of the personnel management system in the penal enforcement system, which developed after the adoption of the Federal Law No. 197-FZ dated July 19, 2018 “On service in the penal enforcement system of the Russian Federation and on amendments to the law of the Russian Federation “On institutions and bodies executing criminal penalties in the form of deprivation of liberty”. Purpose: to analyze key elements of the system of organizing work with personnel in the penal enforcement system and propose measures to improve it. Methods: the comparative legal method and the theoretical method of formal and dialectical logic were used. The specific sociological method was also applied when collecting and analyzing information received from students taking Higher Academic Courses at the Academy of the Federal Penitentiary Service of Russia. Results: the personnel function is one of the most important elements of penal system performance. Activities of personnel units requires appropriate legal regulation not only in terms of work with personnel of the penal enforcement system, but also internal organizational activities of human resources departments themselves. The most attention is required in the areas, such as recruitment, professional training, service, organization of work with a talent pool, termination of service. Conclusions: it is difficult to determine a legal status of structural subdivisions of the personnel departments in territorial bodies of the penal enforcement system due to the problem of distributing functions among structural subdivisions and legal consolidation of the organization of systems and information flows, as well as regulation of certain types of personnel work. To solve this problem, it is advisable to improve regulations on structural subdivisions of personnel departments and programs for regular training of succession pool members, etc.

scholarly journals LEGALITY OF DECISIONS TAKEN BY THE SUBJECTS OF OPERATIONAL AND INVESTIGATIVE ACTIVITIES: ON THE QUESTION OF THE LEGAL NATURE

2020 ◽  
Author(s):  
Dmitriy A. Babichev
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Critical Analysis ◽  
Legal Regulation ◽  
The State ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Legal Nature ◽  
The Russian Federation ◽  
Broad Understanding

The article deals with the problem of determining the legal nature of the decisions taken by the bodies engaged in operational investigative activities. Stating the amorphousness in the relevant scientifi c research, the author refers to the doctrinal ideas about the essence of legality in the fi eld of operational and investigative activities. On the basis of a critical analysis of the provisions set forth in the most cited dissertations, monographs, textbooks, as well as in the comments to the Laws of the Russian Federation «On the Prosecutor’s offi ce of the Russian Federation», «On operational investigative activities», a number of judgements are put forward. It is stated that the rule of law is a social and legal phenomenon, which can be considered to be a principle, a method or regime. Legality as a phenomenon develops and changes together with society, law and the state. Understanding and interpreting the rule of law often does not take into account the conceptual shifts in the architectonics of legal regulation that have occurred in post-Soviet Russian legislation. The author comes to the conclusion that the modern conditions for the implementation of operational and investigative tasks dictate the urgent need to clarify and even revise the essence of legality by moving from a narrow to a broad understanding of its legal nature. In particular, preference is given to the legal approach, which implies subordination of the rule of law to higher legal principles and ideals, for example, justice.

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