scholarly journals PROBLEMS OF THE LEGAL REGIME OF TRANSPORT LANDS IN THE RUSSIAN FEDERATION

2021 ◽  
pp. 58-61
Author(s):  
Igor VLADIMIROV ◽  
◽  
Radmir IKSANOV ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Transport Infrastructure ◽  
Legal Problem ◽  
Legal Regime ◽  
Social Sphere ◽  
Territorial Planning ◽  
Urban Settlements ◽  
Regulation Of Transport ◽  
The Russian Federation

The article examines the problems of the legal regime of land transport. Transport is the most important component of the production and social sphere, in connection with which the problems of legal regulation of transport lands are urgent. The authors refer to the problems of the legal regime of transport lands: the problem of imbalance in the development of a unified transport system of the Russian Federation; the problem of legal uncertainty in the practice of applying legislation in the field of legal regulation of lands of various types of transport; the legal problem of land use of transport lands in the process of formation of Russian urban settlements. According to the authors, in order to resolve legal conflicts, it is necessary to correlate the norms of transport legislation with the norms and documents of territorial planning, which are established by state authorities and local self-government bodies, which are local by-laws. This condition is necessary, among other things, to ensure the safety of transport infrastructure facilities.

Experimental legislation: some conceptual approaches to explanation

2021 ◽  
Vol 23 (2) ◽  
pp. 16-23
Author(s):  
MIKHAIL DEGTYAREV ◽  
Keyword(s):  
Species Diversity ◽  
Russian Federation ◽  
Experimental Approach ◽  
Thought Experiment ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Regime ◽  
The Russian Federation ◽  
Goals And Objectives ◽  
Law Making

In connection with the adoption of the Federal Law of July 31, 2020 No. 258-FZ “On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation” and of the Federal Law of July 31, 2020 No. 247-FZ “On Mandatory Requirements in the Russian Federation” (Article 13 “Experimental legal regime”) the topic of experimental legislation was updated. The article is devoted to the application of the experimental approach in legal regulation. The author reveals the essence of the concept of experimental legislation, explains the goals and objectives of using the appropriate technologies. The author notes that although in a broad sense it can be said that the adoption of any new law is in itself an experiment, there are still significant differences within the experimental law. The author sets out the essential features of a legislative experiment. The article examines the reasons for the need and prerequisites for the rationality of the use of experimental legislation. The author shows the nature of legislative experimentation and the merits of this toolkit. The author shows the areas of relevant application of the method of experimental legislation. The species diversity of methods of experimental regulatory regulation is indicated. The article compares the method of practical experimental legislation and the method of thought experiment in norm-writing and law- making activities. The article compares the method of practical experimental legislation and the method of digital duplicate-models of legislative acts. The author substantiates the existence of limits of applicability of the method of experimental legislation and demonstrates selected technologies of experimental legislation. In conclusion, the author turns to the complex and controversial problems of using the method of experimental legislation.

scholarly journals To the problem of legal regulation of agricultural land turnover in the Russian Federation

2020 ◽  
Vol 176 ◽  
pp. 06005
Author(s):  
Irina P. Chupina ◽  
Natalia N. Simachkova ◽  
Oksana S. Trotsenko
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Life Support ◽  
Legal Regulation ◽  
Point Of View ◽  
Natural Fertility ◽  
Legal Regime ◽  
Land Relations ◽  
Legitimate Interests ◽  
The Russian Federation

The authors comprehensively investigated theoretical and practical problems of legal regulation of agricultural land turnover in the Russian Federation. They analyzed the jurisprudence in the field of agricultural land turnover, examined the legal regime of agricultural land in the Russian Federation, investigated the peculiarities of land plots turnover from agricultural lands, identified a number of significant problems in the legislation in the field of legal regulation of agricultural purposes land turnover. It is difficult to overestimate the importance of land, which is a nonrecoverable natural resource. From this point of view, agricultural land has a unique unrepeatable natural fertility capacity that determines the possibility of producing life support products, being an essential component of the environmental system. In the annual Address to the Federal Assembly of the President of Russia in 2019, V.V. Putin, specifying the main directions of strategic development of the country, noted the high importance of the land legislation development. The peculiarities of the agricultural land plots turnover are due to the public nature of land relations regulation. For this category of land, a special legal regime is established for food security purposes of Russia, which leads to the prevention of removing these lands from agricultural circulation, as well as building development. According to articles 9, 36 of the Constitution of the Russian Federation, “land and other natural resources are used and protected in the Russian Federation as the basis for the lives and activities of peoples living on the the relevant territory” and the exercise of authority by land owners is limited to conditions for potentially damaging the environment and violation of rights and legitimate interests of other persons.

Administrative Legal Regime in the Arctic Area

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Владимир Кузнецов ◽  
Vladimir Kuznetsov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
The Arctic ◽  
Arctic Zone ◽  
Legal Regime ◽  
Management Procedure ◽  
The Russian Federation ◽  
Northern Territories ◽  
Arctic Area

The development of the Russian Northern territories is not only a domestic problem of this country, but also a global one. The Polar region, which is also called the Arctic area, attracts many and requires concentration of all forces on the solution of the problem of its development in the economic, social, military and strategic dimensions. In proportion to these circumstances, the role of legal aspects in the developing and emerging social relations also increases. Legal regulation for these parts of the Russian Northern territories and adjacent waters of the Arctic Ocean, constituting the Arctic zone of the Russian Federation, requires certain uniformity. This can be achieved by improving public administration over the Arctic zone of the Russian Federation, legislative recognition of its special status and the establishment of special regimes for natural resources, environmental protection, regulation of navigation along the seaways of the Northern sea route. It involves the formation of a special management procedure, i.e. the formation of a special administrative-legal regime. This is a complex task that requires scientific understanding of the problems that have a significant impact on the formation of the administrative legal regime in the Arctic zone of the Russian Federation.

scholarly journals PROBLEMS OF DEFINING A LEGAL STATUS OF URBAN FORESTS IN RUSSIA

2017 ◽  
Vol 21 (2) ◽  
pp. 190-197
Author(s):  
O. A. Lavrischeva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Urban Forest ◽  
Urban Forests ◽  
Legal Regulation ◽  
Forest Park ◽  
Territorial Planning ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Forest Parks

The paper considers norms of the Russian legislation on urban forests. The main problems of the legal regulation of urban forests within the Russian Federation have been identified and analyzed. The author pays special attention to the absence of a definition of the "urban forests" concept and the criteria for referring forest plantations to urban forests that make it possible to delineate urban forests from other plantations within the settlements, including forest parks. The author points to the fact that there is no criteria for power delineation to protect and use urban forests as well as a clear functional structure of urban forest management at the level of the subjects of the Russian Federation. There is also legal uncertainty about referring forest located in settlements that are not cities to forests. All these gaps in the Russian legislation cause certain difficulties in law enforcement practice. Based on the analysis, the author suggests ways of managing urban forests in the current socio-economic situation in Russia. First of all, it is necessary to introduce a number of clarifications at the legislative level: to regulate the legal regime for using urban forests established for forest park areas in accordance with the requirements of the Russian Federation Code, to establish the norm which will oblige local authorities while preparing and approving the documents concerning territorial planning, to include land plots on which urban forests are located, into recreational areas or zones of specially protected areas. The author believes that these changes in the forest legislation will help to develop and preserve urban forests as a reliable environmental and legal guarantee for the constitutional right of citizens to have a favorable environment.

scholarly journals ПРАВОВОЕ РЕГУЛИРОВАНИЕ СОЦИАЛЬНО-ЭКОНОМИЧЕСКИХ ОТНОШЕНИЙ В АРКТИЧЕСКОЙ ЗОНЕ

2021 ◽  
Author(s):  
Петр Петрович Баттахов
Keyword(s):  
Russian Federation ◽  
Local Population ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
The Arctic ◽  
Arctic Zone ◽  
Social Sphere ◽  
The Russian Federation ◽  
Socioeconomic Problems

nomic progress of society. In this case, legal regulation creates favourable conditions and protects the rights of small indigenous northern peoples, that is, the local population, who live permanently in the Arctic zone. Separately, on the basis of this concept, the development of the economy and social sphere of the Arctic bloc as a whole is considered. The main strategic directions for the development of the Arctic and the current regulatory framework of the Russian Federation are being investigated. The author proposes to solve issues related to the socioeconomic problems of the Arctic through the adoption of comprehensive concepts and regulatory legal acts. The main conclusion of the work is to improve the regulatory framework through the adoption of a separate codified act.

scholarly journals PROBLEMS AND FEATURES OF IMPROVING THE BASICS OF ADMINISTRATIVE AND LEGAL SUPPORT FOR THE DEVELOPMENT OF THE AIRPORT INFRASTRUCTURE, AIR NAVIGATION SYSTEM AND AIRCRAFT FLEET OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 339-349
Author(s):  
K. Golubkina
Keyword(s):  
Theoretical Analysis ◽  
Russian Federation ◽  
Navigation System ◽  
Legal Regulation ◽  
Transport Infrastructure ◽  
Comprehensive Plan ◽  
The Russian Federation ◽  
Airport Infrastructure

The article is devoted to the theoretical analysis of problems that arise when improving the basics of administrative and legal support for the development of airport infrastructure, air navigation system and aircraft fleet of the Russian Federation. These problems hinder the implementation of the comprehensive plan for the modernization of transport infrastructure and the achievement of target indicators in the implementation of the Transport strategy of the Russian Federation. Specific solutions are proposed to eliminate the backlog in the legal regulation of the air navigation system and aircraft fleet of the Russian Federation.

scholarly journals Interaction Between Law Enforcement Authorities Ensuring Public Order and Security on Transport Infrastructure Objects

2020 ◽  
Vol 12 ◽  
pp. 49-51
Author(s):  
Tatyana M. Zanina ◽  
◽  
Natalya A. Agarkova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Transport Infrastructure ◽  
Public Order ◽  
Wide Range ◽  
The Russian Federation ◽  
Transport Complex

The article is devoted to the issues of administrative and legal regulation of the activities of law enforcement bodies of the Russian Federation, aimed at ensuring public order and security at the facilities of the transport complex. This activity is one of the components of the national priorities of the Russian Federation, which is carried out by a wide range of subjects. Features of the activities of each law enforcement body are considered in the article.

scholarly journals Legal issues of the development of resorts and medical and recreational areas regulation

2019 ◽  
pp. 200-208
Author(s):  
O. A. Romanova
Keyword(s):  
Sustainable Development ◽  
Urban Planning ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Issues ◽  
Anthropogenic Pressure ◽  
Territorial Planning ◽  
The Russian Federation ◽  
Further Development

The paper discusses the problems of legal regulation of development of resorts and medical and recreational areas in the Russian Federation and suggests ways to further improve legislation in this sphere. The relevance of the topic is due to the prevailing unsystematic development of the territories of most resorts in Russia, which leads to an increase in anthropogenic pressure on resort ecosystems, degradation of natural medicinal resources, deterioration of the ecological and sanitary-epidemiological condition of the territories of resorts and health-improving areas. The author shows the importance and features of the organization of development of resorts and medical and recreational areas to ensure their sustainable development, analyzes the existing urban planning legislation in the part relating to the construction of resorts, reveals problems of regulation and implementation of urban planning activities in the resorts. The priority role of territorial planning in the regulation of reasonable development of resorts is justified taking into account the peculiarities of their functioning and further development.

Local Self-Government Powers to Establish the Target Purpose of Lands and Their Permitted Use: Analysis of Theoretical Problems

2021 ◽  
pp. 272-276
Author(s):  
Liliya K. Fazlieva ◽  
Keyword(s):  
Land Use ◽  
Urban Planning ◽  
Research Methods ◽  
Russian Federation ◽  
Rural Settlements ◽  
Legal Regime ◽  
Territorial Planning ◽  
Intended Purpose ◽  
The Russian Federation ◽  
Legal Uncertainty

The study aims to determine the powers of local authorities in defining the legal regime of lands and to study problems in this area. Legal uncertainty in the relationship between territorial planning and urban planning zoning, the inconsistency of the three basic federal laws regarding the powers of urban and rural settlements to establish land use and development rules have been revealed. The impossibility of replacing urban planning zoning with a territorial one is argued. The research methods are the dialectical method of cognition, general methods of formal logic, certain general research methods (systems aspect, analysis of regulatory legal sources), and specific methods of law (formal-logical method of interpretation of law, comparative legal method). Based on the study, the following conclusions are made. (1) There is still legal uncertainty on the issue of zoning, which is contained in documents of different legal force – results of territorial planning and urban planning zoning: the site plan, which is equal in the status to a regulatory legal act and rules of land use and development. At the same time, the text of the site plan does not meet the requirements of legal technology in contrast to rules of land use and development. To eliminate internal contradictions in the legislation, it is proposed to fix the correlation of the site plan and the rules of land use and development in a codified urban planning law, and to establish requirements for the development of the site plan. (2) Urban planning and land codified laws do not distinguish between the powers of urban and rural settlements in the field of approving land use and development rules (Part 3 of Article 8 of the Town Planning Code of the Russian Federation, Paragraph 1 of Article 39.30 of the Land Code of the Russian Federation). Moreover, the approval of land use and development rules was removed from the rural settlement’s issues of local importance and transferred to the municipal areas (Part 4 of Article 14 of Law No. 131-FZ). Consequently, the different interpretation of the categorical elements of issues of local importance leads to an ambiguous understanding of municipal rights and obligations. The author considers it necessary to bring the norms regarding the powers of local self-government contained in the industry laws in line with the norms of Law No. 131-FZ. (3) In order to improve the state policy on the use of the land fund of Russia, it is planned to replace urban planning zoning with territorial zoning, which involves the removal from circulation of the principle of dividing land for its intended purpose. It has been established that territorial zoning performs only the functions of detailing and concretizing the legal regime of the corresponding land plot. In this regard, the principle of dividing land into categories for the intended purpose should be considered as the main principle of legal regulation of land relations arising from the provisions of Article 9 of the Constitution of the Russian Federation.

scholarly journals The problems of regulation of social franchising in the Russian legislation

2021 ◽  
pp. 16-23
Author(s):  
Petr Evgenievich Mazepov
Keyword(s):  
Russian Federation ◽  
Central Place ◽  
Legal Regulation ◽  
Legal Regime ◽  
Social Franchising ◽  
Foreign Countries ◽  
Legal Perspective ◽  
The Social ◽  
The Russian Federation

The subject of this research is the legal regime of social franchising in the Russian Federation. The object of this research is the social emerging between the actors of social franchising. The article outlines the essential characteristics of social franchising on the basis of existing research and effective legislation of the foreign countries. Attention is given to the role of the phenomenon under review within the franchising system and its related to the concession agreement. The article explores the existing legal regulation of social franchising in the Russian Federation and formulates the conclusion on purposefulness of its improvement. The scientific novelty consists in comprehensive examination of social franchising from the legal perspective, determination of its role within the system of the types of franchising, and recommendations for the improvement of the corresponding legal regime. The conclusion is made that social franchising represents the system of relations that are based on the contract on the exercise of exclusive rights. Similar to commercial franchising, the central place is held by the intellectual-legal and obligatory aspect of relations, but the fundamental difference lies is the vector towards fulfillment of the socially useful functions, alleviation of social problems, and rendering aid to vulnerable population. The development of this institution requires elaboration of the special legislation, since the norms of the Chapter 54 of the Civil Code of the Russian Federation do not correspond with the established practice of social franchising.

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