Dual citizenship of the Russian Federation and the Republic of Abkhazia:problems of doctrinal interpretation and law enforcement (based on the materials of judicial practice)

2021 ◽  
pp. 153-162
Author(s):  
V.V. Ponomareva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Dual Citizenship ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Republic

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

scholarly journals Extension of a fixed-term employment contract: some theoretical and practical issues

2019 ◽  
pp. 65-72
Author(s):  
Sergey Kichigin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Necessary Conditions ◽  
Practical Work ◽  
Applied Problem ◽  
Employment Contract ◽  
Labor Contract ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Term Labor

The problem of introducing changes to a fixed-term employment contract in terms of amending (extending) its term is an urgent applied problem in the work of personnel services, which often arises in the course of their practical work. Argued, based on established judicial practice, the solution to this problem will create clarity in the application of the norms of the Labor Code of the Russian Federation. The norms of the Labor Code of the Russian Federation do not contain a ban on the application of the provisions of art. 72 of the Labor Code of the Russian Federation. However, to date there is no single, reasoned opinion on whether it is possible to change the term of a fixed-term employment contract, and if possible, under what conditions? On this issue, there are polar opinions. Both the courts and state authorities have repeatedly changed their position on this issue, right up to the diametrically opposite. In this paper, the author attempts to answer this question on the basis of the existing judicial practice and the courts understand the relevant provisions of the Labor Code of the Russian Federation, the opinions of the federal authorities of the Russian Federation, as well as their own attempts to interpret the provisions of the law, and concludes that the term of a fixed-term labor contract in the presence of compliance with the necessary conditions dictated by the norms of the Labor Code of the Russian Federation, established law enforcement practice.

The Features of Proving of the Property Transfer Fact under the Contract of Lease of a Buildings and Structures (Based on Judicial Practice Materials)

2021 ◽  
Vol 5 ◽  
pp. 29-37
Author(s):  
S. P. Balabanov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Effective Strategy ◽  
Judicial Practice ◽  
Property Transfer ◽  
The Russian Federation ◽  
Admissible Evidence

The article is devoted to the consideration of the problem of proving of the property transfer fact under the contract of lease of a buildings and structures, in the absence of an act of acceptance and transfer. The purpose of the article is to determine the most effective strategy for proving the property transfer fact under the contract of lease of a buildings and structures. Achieving this purpose requires determining the essential features of specified contract, as well as identifying and analyzing the approaches, that have been established in law enforcement practice, regarding to admissible means of proving the property transfer fact. In the course of the research, analyzes the materials of the judicial practice of the arbitration courts of the Russian Federation for disputes arising from the contract of lease of a buildings and structures. Based on the analysis, the author of the article substantiates the conclusion that the act of acceptance and transfer is not the only evidence confirming the property transfer fact and also forms an approximate list of admissible evidence that can be used in court for proving this fact.

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 Implementation of the principle of payment of land-use on the example of land tax: possibilities and issues

2021 ◽  
pp. 1-9
Author(s):  
Igor' Olegovich Nadtochii ◽  
Vera Nikolaevna Plesnyakova
Keyword(s):  
Land Use ◽  
Law Enforcement ◽  
Russian Federation ◽  
Close Attention ◽  
Tax Base ◽  
Local Taxes ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Economic Goods ◽  
Exhaustive List

This article examines the relevant problems of land law – one of the most dynamically developing branches of law in the Russian Federation, and one of the first to undergo changes in the context of modernization of vectors of state legal policy. Analysis is conducted on the fundamental importance of the principle of payment of land-use on the example of land tax. The author explores the problems of the object of land tax and tax base, calculation of cadastral value. The conclusion is made that the chosen path of development of the land tax is unfeasible, thereby requiring an alternative solution. According to the legislation of the Russian Federation, land is one of the key economic goods. The Russian legislator gives close attention to the commerce in land of various purpose. Land tax is the equivalent of rental charge. Such similarity is interchangeable in judicial practice. There are a number of issues in land tax regulation. The constituent entities of the Russian Federation are currently limited to establishing the exhaustive list of local taxes. The organizations and private entities are not recognized as taxpayers individuals with regards to land plots in uncompensated limited use or under a lease agreement. The post-Soviet states attribute land plots with ownership right as an object of taxation. The legislative and law enforcement practice on land tax in the Russian Federation indicates a close connection between land and civil legislation. For the purpose of replenishment of budgets, the Russian Federation took the path of increasing the tax burden. It is necessary to find the new ways for implementing the principle of payment of land-use in form of land tax, which would effectively address the problems of local financing.

scholarly journals CONTRACTUAL BASIS FOR TERMINATION OF CIVIL LEGAL OBLIGATIONS: PROBLEMS OF THEORY AND PRACTICE OF APPLICATION

2021 ◽  
Vol 31 (6) ◽  
pp. 1054-1058
Author(s):  
N.V. Kuznetsova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Code ◽  
Theory And Practice ◽  
Freedom Of Contract ◽  
Judicial Practice ◽  
Legal Obligations ◽  
Problematic Issue ◽  
The Russian Federation

The article considers contractual grounds for termination of civil obligations: compensation, innovation, debt forgiveness. The paper notes some problems of the application of Articles 409, 414, 415 of the Civil Code of the Russian Federation in judicial practice, analyzes the issues of the ratio of compensation and innovation, the differentiation of these contracts. The problems of qualification of agreements on the grounds for termination of obligations in law enforcement practice and the question of applying the principle of freedom of contract to the relations under consideration are considered. It is noted that at present the practice of applying the legislation on compensation has changed significantly. Despite the restrictions established by the norm of Article 409 of the Civil Code of the Russian Federation, judicial practice allows the possibility of using works and services as a subject of compensation, which leads to problems of distinguishing such contractual grounds for termination of obligations as compensation and innovation. With regard to the innovation, an analysis of the provisions on the possibility of novating the penalty into a loan obligation is given. A problematic issue is the legal qualification of debt forgiveness as a basis for termination of an obligation. It is noted that the contractual nature of debt forgiveness should be taken into account. Acceptance of notification by the debtor's creditor of his release from the performance of his duty is the silence of the debtor (clause 2 of Article 438 of the Civil Code of the Russian Federation). The article also considers the question of the ratio of debt forgiveness and donation. The analysis of judicial practice shows that the courts do not consider debt forgiveness as a gift, except in cases when the creditor released the debtor from the performance of the obligation free of charge. In this case, the norms of Article 168 of the Civil Code of the Russian Federation and paragraph 4 of Article 575 of the Civil Code of the Russian Federation are subject to the application of debt forgiveness.

scholarly journals RESULTS OF THE STUDY OF THE ETHNIC IDENTITY OF SOUTH OSSETIANS

2020 ◽  
pp. 162-168
Author(s):  
A. B. Gagloeva
Keyword(s):  
Ethnic Identity ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Positive Attitude ◽  
Dual Citizenship ◽  
Cultural Community ◽  
South Ossetia ◽  
High Satisfaction ◽  
The Russian Federation ◽  
The Republic

The article is devoted to the analysis of the results of the study of the ethnic identity of South Ossetians who have the citizenship of the Republic of South Ossetia and dual citizenship (the Republic of Southt Ossetia and the Russian Federation). It has been shown that the respondents’ ethnic identity is relevant and significant, which is accompanied by a positive value image of their ethnos and a positive attitude to its culture and history, which they try to preserve, traditions and norms of behavior adopted in it, as well as high satisfaction with membership in their ethno-cultural community with a pronounced need for identification with it and consolidation. The paper presents statistically reliable results of comparative analysis of indicators of ethnic identity of South Ossetians depending on citizenship: of the Republic of South Ossetia or dual (the Republic of South Ossetia and the Russian Federation).

scholarly journals The Development of Muslim Community (Ummah) of Republic of Tatarstan in Late 2018–2019

2020 ◽  
Vol 15 (4) ◽  
pp. 155-172
Author(s):  
A. Yu. Khabutdinov
Keyword(s):  
Law Enforcement ◽  
Secondary Schools ◽  
Russian Federation ◽  
Muslim Community ◽  
Law Enforcement Agencies ◽  
The Russian Federation ◽  
The Republic ◽  
Radical Organizations ◽  
Traditional Islam

The article is devoted to the development of the Muslim community of the Republic of Tatarstan (RT) at the end of 2018 and 2019. Here the author continues a series of publications exploring the Muslim community of Tatarstan in 2000s and 2010s. The leadership of the Muslim Spiritual Administration of the Republic of Tatarstan (DUM RT) is based on its own version of “traditional Islam”, where Sufism and the Maturidite ‘aqidah of the Hanafi madhhab occupy the principal place. In the Republic of Tatarstan, as well as all in other republics within the Russian Federation, the role of Islam in spiritual, educational and cultural spheres is growing due to the abolition of compulsory studying of titular languages in secondary schools. The spiritual administration of Muslims of the Republic of Tatarstan (DUM RT) continues to maintain a monopoly among Muslim organizations in the Republic of Tatarstan. Nevertheless, the activity of representatives of radical organizations banned in the Russian Federation is still to observe in the Republic. Law enforcement agencies are actively fi ghting with them; it leads to the elimination of their cells in the Republic of Tatarstan, arrests and sentencing with real terms.

scholarly journals INSTITUTE OF COMPULSORY INSURANCE OF PROFESSIONAL LIABILITY OF LAWYERS IN THE RUSSIAN FEDERATION AND THE REPUBLIC OF KAZAKHSTAN: COMPARATIVE LEGAL ANALYSIS

2021 ◽  
pp. 47-50
Author(s):  
O.L. Kazantseva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Analysis ◽  
Professional Liability ◽  
Compulsory Insurance ◽  
The Russian Federation ◽  
The Republic

The article is devoted to the problems of introduction of the institute of compulsory insurance ofprofessional liability of lawyers in the Russian Federation and the Republic of Kazakhstan. The authoranalyzes the current legislation of the two states, in terms of mandatory insurance of professional liabilityof lawyers, identifies current problems in this area, justifies ways to solve them. The article has a certainscientific and practical value, since it analyzes the experience of the establishment of the institute ofcompulsory insurance of professional liability of lawyers in Russia and the Republic of Kazakhstan, whichwill improve the legislative and law enforcement practice of both states.

Dual Citizenship in Russia

2019 ◽  
Vol 76 (1-2) ◽  
pp. 57-68
Author(s):  
Alexander Salenko
Keyword(s):  
Russian Federation ◽  
State Policy ◽  
Constitutional Court ◽  
International Treaties ◽  
Dual Citizenship ◽  
Judicial Practice ◽  
Russian State ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
The Right

In the USSR, the dual citizenship was expressly prohibited by the Soviet law. After Perestroika, a new stage of Russian statehood began: on 12 December 1993, the Constitution of the modern Russian Federation was adopted, which granted Russian citizens the right to have dual citizenship. Over the past twenty-five years, a new legislation has been adopted on the Russian citizenship, migration, and the state policy regarding compatriots living abroad. During these years, millions of Russian citizens have obtained second (multiple) citizenship, and with it came to questions, disputes and problems that required mediation of the Russian judiciary. In this regard, the main purpose of this article is to analyze the existing domestic legislation and international treaties of Russia on dual citizenship, to determine the dual citizenship regime in Russia - to examine the existing restrictions on the rights and freedom of persons with dual citizenship, and also to study the disputes on dual citizenship in the Russian Federation, in particular to scrutinize the judicial practice (leading cases) of the Constitutional Court of the Russian Federation. Based on an analysis performed in the article, the author draws conclusions regarding the further development of dual citizenship within the framework of the Union State of Belarus and Russia, and also investigates prospects of the Eurasian citizenship in the framework of the Eurasian Union. In addition, the author makes a proposal to Russian authorities to make information on registered Russian citizens with dual (multiple) citizenship more accessible and transparent, and also to adopt at the federal level a document on the Russian state policy regarding dual citizenship.

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