The Private Contract in Transportation of Cargo by Railway: the Problem of Terminological Definition

2021 ◽  
Vol 7 ◽  
pp. 10-16
Author(s):  
V. G. Baukin ◽  
Keyword(s):  
Russian Federation ◽  
Private Law ◽  
Rail Transportation ◽  
Railway Transportation ◽  
Civil Regulation ◽  
Legal Nature ◽  
The Russian Federation ◽  
Regulation Model

The author explores legal nature of rail haulage contracts. There is an analysis of the use of private law principles when governing rail transportation relations. The article explores the interrelation between transportation statutes and codes, Rules of Carriage and haulage contract in the context of scope of control over haulage relations. There is justification of the necessity to differentiate haulage contracts and other collateral agreements and to make their legal connection. Proposals are formed to make amendments to the Statute of Railway Transportation of the Russian Federation aimed at legal entrenchment of the civil regulation model for haulage contracts.

SUBORDINATION AGREEMENT IN THE SYSTEM OF PRIVATE LAW

2021 ◽  
Vol 21 (3) ◽  
pp. 7-107
Author(s):  
M.D. TYAZHBIN
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Law Reform ◽  
Private Law ◽  
Legal Nature ◽  
The Russian Federation

The article is dedicated to the category of subordination agreements. Based on the concept of conflict of rights in personam, the author makes an attempt to integrate this category into the system of private law, to determine the legal nature of subordination, and from these positions to assess the effectiveness of Art. 309.1 of the Civil Code of the Russian Federation, implemented in the course of the civil law reform.

scholarly journals IMPOSITION OF SUBSIDIARY LIABILITY ON HEIRS OF A PARTY CONTROLLING THE DEBTOR

2021 ◽  
Vol 1 ◽  
pp. 42-45
Author(s):  
Andrey D. Parkhomenko ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Private Law ◽  
Legal Entity ◽  
Legal Nature ◽  
The Supreme Court ◽  
Bankruptcy Procedure ◽  
The Russian Federation

Inheritance relationships have always been a challenging private law sphere. The problems concerning inheritance of debts have lately added to the discrepancies related to the regulation of these relationships. Such situation is caused by the introduction of some novelties in Russian laws and the adoption of key judicial acts by the Supreme Court of the Russian Federation and other judicial authorities. One of such novelties is inheritance of a debt arising out of subsidiary liability of parties controlling the debtor in the course of a bankruptcy procedure. The Supreme Court of the Russian Federation has actually broadened the range of subjects that may be brought to subsidiary liability. The court has established that upon acceptance of property by heirs of the parties controlling a debtor, they also inherit the testator's debt to the creditors of the bankrupt legal entity under the testator's control (by virtue of the interpretation of the legal nature of subsidiary liability by the Supreme Court of the Russian Federation). It causes a number of questions concerning right protection means, violation of creditors' rights by minors, limits of acknowledgment of a citizen as a party controlling a debtor, etc. One of the key actions within the framework of inheritance relationships in the notarial practice is not only determination of the range of heirs, but also identification of the testator's property and assurance of its safety. The mentioned position of the Supreme Court of the Russian Federation establishes the amount of subsidiary liability as an estate part (broadly speaking, property), which may raise a number of problems in notarial activities.

The Mechanism Of Implementation Of The Constitution Of The Russian Federation

2019 ◽  
pp. 36-51
Author(s):  
Anatolii Yugov ◽  
Sergey Belykh
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Cultural Development ◽  
Russian Society ◽  
Legal Nature ◽  
Legal Document ◽  
The Russian Federation ◽  
Favorable Conditions ◽  
Scientific Ideas ◽  
Rational Mechanism

The Constitution, as the main universal and comprehensive legal document, establishes fundamental principles and defines the legal basis for development of public and state life in all politically significant spheres, serves as a guarantor of legitimacy and order, gives a boost to the development of society. The special political and legal nature of the constitution, the issues of its operation and the mechanism of its implementation are of great importance. In accordance to the authors’ approach, the mechanism of implementation of the Constitution of the Russian Federation includes the following components: 1) entry of the constitution into legal force; 2) its functions; 3) constitutional algorithm of unity and differentiation of public authority; 4) forms of implementation; 5) ways of implementation; 6) subjects of implementation; 7) objects of implementation; 8) institutions for modernization; 9) guarantees of implementation. The authors conclude that the modern scientific ideas of a rational mechanism of implementation of the Constitution of the Russian Federation contribute to solving the issues of economic and cultural development of the Russian society, help creating favorable conditions for proper law enforcement, strengthening legitimacy and order.

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

scholarly journals Confiscation of property as a criminal punishment

2021 ◽  
pp. 64-82
Author(s):  
М.Ф. Гареев
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
The State ◽  
Criminal Punishment ◽  
Legal Nature ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Criminal Legislation

В статье рассматривается и обосновывается необходимость возобновления в уголовном праве института конфискации имущества в качестве уголовного наказания. Необходимость его возобновления обусловлена наличием ряда преступных деяний, представляющих угрозу обществу, государству, национальной безопасности Российской Федерации. В настоящее время законодательная регламентация конфискации имущества в качестве иной меры уголовноправового характера, вызванная неопределенностью его сущности, целевых установок и механизма назначения, не выполняет предупредительную задачу, установленную уголовным законодательством. The article discusses and substantiates the need to renew the institution of confiscation of property in criminal law as a criminal punishment. The need to resume it is due to the presence of a number of criminal acts that pose a threat to society, the state, and the national security of the Russian Federation. Currently, the legislative regulation of the confiscation of property as another measure of a criminal-legal nature, caused by the uncertainty of its essence, targets and the mechanism of appointment, does not fulfill the preventive task established by the criminal legislation.

scholarly journals Problems of Professional Training of Youth Liaison Officers for the Russian Federation Law Enforcement Agencies

2019 ◽  
Vol 8 (12) ◽  
pp. 466-469
Keyword(s):  
Russian Federation ◽  
Professional Training ◽  
Social Protection ◽  
Special Role ◽  
Law Enforcement Agencies ◽  
Common System ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Common ◽  
Legal Pressure

Pursuant to the effective laws, the Russian Federation has a functioning system for prevention of minors neglect and delinquency. This system comprises both a number of measures of organizational and legal nature aimed at creation of conditions for the normal physical, mental and moral development of children and teenagers and elimination of conditions promoting minors involvement in sociopathic and unlawful activities, and a combination of various government bodies and institutions of general and special competence implementing these actions. For instance, healthcare bodies, education agencies, authorities for social protection of the population, and many others have their own competence in this area. Police plays special role in the common system for prevention of minors neglect and delinquency. Specialized youth liaison police units are created, the competencies of which include working with teenagers involved in sociopathic activities, as well as identification and elimination of causes and conditions facilitating such activities, including legal pressure on persons infringing rights and lawful interests of minors, committing offenses against minors, or involving them in unlawful activities.

scholarly journals The structure and features of the civil status of an individual entrepreneur in modern Russia

2021 ◽  
Vol 7 (3C) ◽  
pp. 424-442
Author(s):  
Dina Viktorovna Alontseva ◽  
Sergey Vladimirovich Vorobyev ◽  
Olga Anatolyevna Lavrishcheva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Modern Society ◽  
Practical Significance ◽  
Federal Law ◽  
Legal Nature ◽  
Civil Status ◽  
General Scientific ◽  
The Russian Federation ◽  
Made In

Based on the analysis of the modern legislation of the Russian Federation and taking into account the existing scientific concepts, the authors studied in detail the legal nature and identified the features of certain types of legal statuses of an individual entrepreneur, as well as revealed the structure and analyzed in detail the specifics of the civil status of an entrepreneur in modern Russia. As a result of the conducted research, the author's concept of the "civil status of an individual entrepreneur" was formulated and the need for the adoption of the Federal Law "On the legal status of an individual entrepreneur in the Russian Federation" was justified. The practical significance of the work is determined by the fact that the conclusions made in the course of the study can contribute to improving the legal status of entrepreneurs in modern society at the legislative level. The methodological basis of this study was made up of general scientific, private and special methods of cognition.

scholarly journals STUDY OF TARIFFS FOR TRANSPORT SERVICES IN THE EUROPEAN UNION COUNTRIES AND THE RUSSIAN FEDERATION

2021 ◽  
pp. 39-45
Author(s):  
Z. A. Kapelyuk ◽  
Y. V. Popova
Keyword(s):  
European Union ◽  
Russian Federation ◽  
The European Union ◽  
Railway Transportation ◽  
Tariff Policy ◽  
Transportation Services ◽  
Transport Services ◽  
The Russian Federation ◽  
The Cost ◽  
The Impact

The article analyzes the experience of tariff regulation of the cost of passenger railway transportation services in the European Union and the Russian Federation. The features of tariff regulation are disclosed and eleven countries are classified according to the main categories. Tariff policy for transport services is used to ensure the consistency of economic interests of consumers and is a problematic segment for all types of transport. The article deals with tariff regulation of the cost of services provided by the railway infrastructure. Comparison of domestic and foreign experience in pricing of transport services for further development of Russian Railways is carried out. The setting of tariffs and available discounts, as well as benefits for the purchase of tickets for trains in the countries of the European Union and Russia are considered. The indexation of tariffs for transportation services of Russian Railways depending on the period of the trip and the comfort of the car is analyzed. Conclusions on the impact of mobile tariffs on economic efficiency, as well as the need to improve the tariff policy in the Russian Federation by involving foreign transport companies in implementation.

scholarly journals Terror as a Tool of Stalin’s Rule Book Review: Syrykh VM. The Legal Nature of Stalin’s Terror: In Compliance with the Directives of the Party, but Contrary to the Law. Moscow: Yurlitinform Publ.; 2020

Lex Russica ◽  
2021 ◽  
pp. 146-155
Author(s):  
V. G. Baev ◽  
A. N. Marchenko
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
The State ◽  
State System ◽  
Legal Scholar ◽  
Soviet People ◽  
Legal Nature ◽  
The Russian Federation ◽  
Legal Theorist

The paper provides for a critical analysis of the monographic work by famous Marxist legal scholar, Doctor of Law, Professor, Honored Scientist of the Russian Federation Vladimir M. Syrykh. As known, there are a lot of works investigating the crimes of Stalinist politics based on open sources that have become available to scientists. Prof. Syrykh cultivates a different, legal view of the activities of Stalinist leadership. As a legal theorist and methodologist, he set himself the goal of analyzing the legal nature of Stalin’s repressive policies and his associates in the 1930s-1950s. The researcher concluded that Stalin’s leadership in the process of building the socialist state turned away from the requirements of the constitution and Soviet legislation, acted contrary to law, replacing it with Directives, which can be qualified as undermining the state system.Reviewers praise the work by Vladimir M. Syrykh, sharing many of his submissions. As reviewers see, the author’s intention was to purge the very idea of socialism from the distortions and perversions brought by Stalin. According to the author, Stalin perverted the creative nature of Marxism and Lenin’s legacy. However, the authors of the review indicate that the policy of terror against the Soviet people coincides with the period of Stalin’s rule, which gives grounds to Prof. Syrykh opponents to claim: 40 years of socialist construction involved violence, coercion and killing thousands of people. The book under review is written to counter such claims.

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