Legal regulation of operational and search activities in correctional institutions

2020 ◽  
pp. 140-149
Author(s):  
Кирилл Вячеславович Капустин
Keyword(s):  
Comparative Analysis ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Correctional Institutions ◽  
Legal Basis ◽  
Legal Norms ◽  
Current State ◽  
The Subject ◽  
Definition Of

В статье проводится анализ теоретических положений правового регулирования оперативно-розыскной деятельности и современного состояния нормативного регулирования рассматриваемой деятельности в исправительных учреждениях. На основе сравнительного анализа современной научной литературы по рассматриваемому вопросу автором делается вывод, что исследователи, как правило, отождествляют понятия «правовое регулирование» и «правовая основа» и не уделяют должного внимания правовому регулированию оперативно-розыскной деятельности как процессу, а также формулируется авторское определение «правовое регулирование оперативно-розыскной деятельности». Автор предлагает разделить нормативное регулирование оперативно-розыскной деятельности в исправительных учреждениях на три уровня: конституционный, федеральный, ведомственный и межведомственный. В рамках проведенного исследования были выявлены недостатки ряда правовых норм и предложены пути по их решению. The article analyses both the theoretical provisions of the legal regulation of operational and search activities and the current state of the regulatory regulation of the activities in correctional institutions. On the basis of a comparative analysis of the current scientific literature on the subject, the author concludes that researchers generally identify the concepts of "legal regulation" and "legal basis" and do not pay due attention to the legal regulation of operational-search activities as a process, as well as the author 's definition of "legal regulation of operational-search activities." The author proposes to divide the normative regulation of operational-search activities in correctional institutions into three levels: constitutional; federal; departmental and interdepartmental. The study identified shortcomings in a number of legal norms and suggested ways to address them.

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

scholarly journals Financial leasing as financial and credit support for investment activities of enterprises

2018 ◽  
pp. 59-68
Author(s):  
Tetiana Vasylieva ◽  
Liudmyla Zakharkina ◽  
Oleksii Zakharkin
Keyword(s):  
Comparative Analysis ◽  
Subject Matter ◽  
Statistical Data ◽  
Credit Market ◽  
Legal Regulation ◽  
Financial Leasing ◽  
Current State ◽  
The Subject ◽  
Scientific Rationale

The purpose of the article is to provide scientific rationale of the place and role of financial leasing in financial and credit support for investment activities of enterprises. The subject matter of the research includes various aspects of the current state of financial leasing and ways of its advancement in Ukraine. The article provides an analysis of investment activities based on the volume of investments in Ukraine and determines the role of financial leasing as a funding for investment resources of enterprises. The paper also examines the legal and regulatory framework for financial leasing operations and highlights different interpretations of this form of financing as well as its formal indicators. An analysis of statistical data on the financial and credit market provides important insights into trends of financial leasing contracts and the volume of loans issued to corporate borrowers, and thus makes it possible to conclude that there is a lack of leasing operations in business activities of entities. The point is mainly supported by the fact that financial leasing contracts which have been made lately are not widespread enough after the crisis in 2014. The dynamics of changes in the volume of leasing contracts by dates of signing is considered, and it is found that there is a tendency to shortening the duration of financial leasing services. An industry factor of providing financial leasing services is taken into consideration and the main industries where these services are widespread are described. The existing approaches to evaluating the effectiveness of leasing contracts are systematized. The key challenges that hinder the growth of leasing in Ukraine are identified. The research methods used in the article include: analysis, synthesis and abstraction (for forming the rationale and developing the terminological and conceptual framework of the study); comparison, systematization and logical generalization (for examining the concept of financial leasing, its legal regulation and specific features of using in Ukraine); statistical, structural and comparative analysis (for exploring ways of advancement of financial leasing in Ukraine).

scholarly journals Prospects for the development of legal regulation of the crypto currency market in Russia

E-Management ◽  
2020 ◽  
Vol 2 (4) ◽  
pp. 11-21 ◽  
Author(s):  
O. I. Larina
Keyword(s):  
Comparative Analysis ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
Financial Assets ◽  
Technological Changes ◽  
Legal Norms ◽  
Systemic Risks ◽  
Crypto Currency ◽  
Definition Of ◽  
Near Future

An accomplished fact is the development of the cryptocurrency market, including in Russia. At the same time, the Russian legal regulation mechanism has not yet been formed, and the existing draft law on the circulation of digital financial assets has not yet been agreed. Growing demand for cryptocurrencies from investors carries systemic risks, as well as threats of using digital financial assets for illegal purposes. In this regard, regulators in different countries are forced to take measures to legislate the circulation of such assets. At the same time, such measures can be quite different: from simply informing subjects about possible risks to the adoption of detailed laws establishing the rules for the circulation of such assets, the rights and obligations of subjects. At the same time, country approaches not only to regulation, but also to the definition of the essence of cryptocurrencies (money, assets, rights) differ greatly.The purpose of the article is to form recommendations on possible development of directions of Russian regulation of the cryptocurrency market. International approaches to the regulation of digital currencies, the practice and features of their application, as well as the proposed legal norms of the Russian bill on the use of digital financial assets in civil circulation have been analyzed in the article. As the research methodology, legal and comparative analysis of Russian and foreign practice has been used. Recommendations for making amendments to the current financial legislation and emerging digital legislation have been given. According to the author, the development of the cryptocurrency market in Russia in the near future will be influenced by the following facts: the adoption of digital legislation, international experience and practice of using cryptocurrencies, technological changes.

SUBJECTS EXECUTING CUSTODIAL SENTENCES: CONCEPT, CHARACTERISTICS, CLASSIFICATION

2021 ◽  
pp. 82-88
Author(s):  
Ренат Зинурович Усеев
Keyword(s):  
Scientific Article ◽  
Correctional Institution ◽  
Correctional Institutions ◽  
Legal Basis ◽  
Legal Norms ◽  
Analysis And Synthesis ◽  
Deductive Method ◽  
The Status ◽  
The Subject ◽  
State Coercion

В последние десятилетия окончательно определена правовая основа служебной деятельности сотрудников уголовно-исполнительной системы и исправительных учреждений. Сотрудники исправительных учреждений помимо субъекта несения службы являются важным субъектом, на которого государством возложены полномочия по приведению в исполнение меры государственного принуждения - наказания (самостоятельно или в составе учреждения, органа). Субъекты, исполняющие наказания в виде лишения свободы, обладают определенными признаками. К ним относятся: внешняя обособленность, персонификация, способность вырабатывать, выражать и осуществлять персонифицированную волю, приобретение свойства субъекта права в силу юридических норм. Рассматриваемых субъектов следует классифицировать на три группы: 1) исправительные учреждения (территориальный орган ФСИН России); 2) коллективные субъекты, исполняющие наказания (администрация, персонал (работники) исправительных учреждений); 3) персональные субъекты, исполняющие наказания (начальник исправительного учреждения, сотрудник исправительного учреждения). Цель работы - показать роль и значение субъектов, исполняющих наказания в виде лишения свободы, определить их ключевые черты и установить виды (персональные, коллективные либо имеющие статус юридического лица). Методами исследования в научной статье явились универсальные методы (анализ и синтез, индукция и дедукция, аналогия и классификация); теоретические методы (абстрагирование, гипотетико-дедуктивный метод) и др. Выводы и результаты работы определяются достижением ее целей. In recent decades, the legal basis for the official activities of employees of the penitentiary system and correctional institutions has been finally determined. Employees of correctional institutions, in addition to the subject of service, are an important subject to whom the State has the authority to enforce a measure of state coercion - punishment (independently or as part of an institution, body). Subjects who execute sentences in the form of deprivation of liberty have certain characteristics. These include: external isolation, personification, the ability to develop, express and exercise a personalized will, the acquisition of the property of the subject of law by virtue of legal norms. The subjects under consideration should be classified into three groups: 1) correctional institutions (territorial body of the Federal Penitentiary Service of Russia); 2) collective subjects executing punishments (administration, staff (employees) of correctional institutions); 3) personal subjects executing punishments (the head of a correctional institution, a correctional institution employee). The purpose of the work is to show the role and significance of the subjects executing sentences in the form of imprisonment, to identify their key features and to establish types (personal, collective or having the status of a legal entity). The research methods in the scientific article were universal methods (analysis and synthesis, induction and deduction, analogy and classification); theoretical methods (abstraction, hypothetical and deductive method), etc. The conclusions and results of the work are determined by the achievement of its goals.

scholarly journals On the issue of optimizing the regulatory legal regulation of the activities of EBiPK units during the ORM "Making inquiries" to obtain information containing bank secrecy

2021 ◽  
Vol 2021 (4) ◽  
pp. 127-132
Author(s):  
Nikolay Telicyn
Keyword(s):  
Comparative Analysis ◽  
Legal Regulation ◽  
Direct Link ◽  
Current State ◽  
Bank Secrecy ◽  
The Subject

The article analyzes the current state of legal regulation of certain issues of the organization and conduct of the ORM "Making inquiries" in terms of obtaining information containing bank secrecy. A comparative analysis and competition of the norms of legislation at various levels is given. Attention is focused on the direct link between the effectiveness of the fight against crimes, the subject of which are non-cash funds and the simplification of the procedure for obtaining information containing bank secrecy. Recommendations are proposed for the elimination of emerging conflicts in law, as well as for improving the effectiveness of combating this category of crimes by amending the current legislation.

scholarly journals Positioning of the concept of corporate restructuring in the EU member-states and its approval by the auditor

2021 ◽  
pp. 131-151
Author(s):  
Olga Nikolaevna Sinkina
Keyword(s):  
European Commission ◽  
Legal Regulation ◽  
Corporate Management ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Current State ◽  
The Subject ◽  
Definition Of ◽  
The Eu

The object of this research is the concept of restructuring, which in the conditions of crisis in the European Union is positioned as an instrument for its overcoming and the procedure for its verification by the auditor. The subject of this research is a range of question associated on the peculiarities of positioning of the concept of restructuring in the EU. The article analyzes the criteria for insolvency and tests for the presence of the signs of insolvency according to the national legislation of the EU jurisdiction based on the typical crisis process. The author introduces the definition of the concept of restructuring, its framework and elements. The recommendations of the European Commission on overcoming crisis situations and insolvency of companies are provided; the principles of preventive concept of restructuring are analyzed; the auditor’s procedures pertaining to the concept of restructuring are formulated. The research methodology relies on the fundamental provisions presented in the works of foreign scholars. The main conclusions are as follows: the responsibility of the corporate management in a number of EU member-states includes verification of compliance with the established criteria of insolvency on the regular basis; for this, it is necessary to submit the report to regulatory authorities on the current state of the company and decision on overcoming the crisis, usually in the form of the concept of restructuring approved by the auditor. The scientific novelty of this research consists in: 1) generalization of legal regulation of the criteria of insolvency in the EU member-states, tests for the presence of the signs of insolvency, responsibility of corporate management, outline of the restructuring plan; 2) positioning of the concept of restructuring, formulation of definition of the concept of restructuring, its framework and elements; 3) analysis of the principles of the preventive concept of restructuring of the European Commission; 4) development of audit procedures concerning the concept of restructuring.

SMART CONTRACT: CONCEPT, LEGAL REGULATION, ASPECTS OF CONSUMER PROTECTION

2021 ◽  
Vol 14 (4) ◽  
pp. 236-247
Author(s):  
IRINA VIKTOROVNA ERMAKOVA ◽  
◽  
◽  
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Smart Contracts ◽  
Legal Norms ◽  
Legal Relationship ◽  
Smart Contract ◽  
The Subject ◽  
Definition Of

The subject of the research is legal norms aimed at regulating by law relations in the field of concluding and executing smart contracts, including issues of protecting the rights of the parties to such contracts, including consumers. The object of the research is social relations arising in the process of creating, concluding and executing of smart contracts. Particular attention is paid to the theoretical and practical aspects of the definition of the concept of “smart contract” and its essence, as well as its legal status. In addition, the article considers approaches to defining the essence of institutions that are closely related to the category of “smart contract”, such as “cryptocurrency”, “digital ruble”, “mining”. The aspects of the protection of fundamental rights of the parties involved in the considered legal relationship, including consumers, are also analyzed. Examples of court decisions regarding the corresponding category of cases are given. The novelty of the research lies in determining the current approaches in relation to the essence, concept and legal status of smart contracts, including the current position of law enforcement practice in relation to this issue. In addition, the novelty of the study lies in considering the practical aspects of the conclusion and execution of smart contracts, including, indicating examples of blockchain platforms on the basis of which smart contracts can function. Ultimately, the study led to the development by the author of some proposals in order to improve the relevant legislation. In particular, the author proposed to consolidate at the legislative level the legal definition of the concept of “smart contract”, indicating the appropriate wording.

scholarly journals TO THE ISSUE OF THE CONCEPT OF THE STATE TASK AS A FINANCIAL INSTRUMENT IN THE SPHERE OF EDUCATION AND ITS LEGAL REGULATION

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 201-211
Author(s):  
Надежда Николаевна АНДРЕЯНОВА ◽  
Лариса Владимировна НАУМОВА
Keyword(s):  
Scientific Literature ◽  
Legal Regulation ◽  
The State ◽  
Municipal Services ◽  
Empirical Methods ◽  
Financial Instrument ◽  
Legal Norms ◽  
The Subject ◽  
The Russian Federation ◽  
Theoretical Foundations

The financial provision of state and municipal services is being actively improved at the legislative level, and therefore is the subject of interest of jurisprudence and economics, which determines the relevance of the chosen topic. Purpose: to study scientific literature on the theoretical foundations of the concept of «finance», and regulatory legal acts of the Russian Federation related to the concepts of «financing» and «state task» for disclosing the concepts of financial provision of state and municipal services in the sphere of education. Methods: the authors use the empirical methods of comparison, description, interpretation, legal-dogmatic and as well as the method of interpretation of legal norms. Results: the authors’ interpretation of the concept of «state task» is given, it is concluded that the state task is a financial instrument in the budgetary sphere.

Current state of the legislation system regulating the police activities

2019 ◽  
pp. 498-506
Author(s):  
Ilya Vladimirovich Emelyanov ◽  
Violina Aleksandrovna Subocheva
Keyword(s):  
Social Relations ◽  
Professional Training ◽  
Current System ◽  
Legal Regulation ◽  
Federal Law ◽  
Objective Reality ◽  
Legal Norms ◽  
Current State ◽  
Definition Of ◽  
Police System

The police effectiveness in modern Russia depends not only on the professional training of employees, their logistical support and other factors, but a large role belongs to the legal tools at their disposal. But in practice, a certain legal collision periodically arises – the problem of the discrepancy be-tween legal norms of objective reality or, in some cases, the complete ab-sence of legal regulation of a certain circle of social relations. Given this, the study of the legislation system regulating the police activities is particularly relevant. In this work, we evaluate the current system of legislation regulating the police activities. In addition, we suggest ways to improve the systemati-zation of departmental police regulations. Thus, we state that the existing significant number of regulatory legal acts of the police system and the scope of relations, which are regulated by departmental norms, determine the need for codification work. We suppose that the problems of the large number of departmental normative acts can be solved with the help of such systematic activity as consolidation, that is, combining several acts into one larger one without significant changes to the text. In this work, we propose a definition of the term “police”, which needs legislative consolidation in the Federal Law “On Police”.

scholarly journals Restrictions and boundaries in the Russian information law

2020 ◽  
pp. 11-30
Author(s):  
Gulfiia Gafiiatovna Kamalova
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Legal Norms ◽  
Original Definition ◽  
Legal Nature ◽  
Information Law ◽  
The Subject ◽  
Definition Of ◽  
Theoretical Foundations

The subject of this research is the system of legal norms of the Russian Federation that regulates public relations within the process of restriction of the constitutionally recognized information rights and liberties of a human and citizen, as well as establishment of the boundaries of their realization in the current conditions of development of the information society and digitalization. The goal of this work is to develop theoretical foundations for information law through demarcation of boundaries and restrictions of the information rights and liberties, which would also contribute to improvement of information legislation and the practice of its application. The scientific novelty of research is reflected in the acquisition of scientific knowledge required for development of legal regulation of the information sphere in the conditions of digitalization, among which are the original definition of the concepts “boundaries of exercising rights in the information sphere” and “restrictions of information rights and liberties”, obtained based on the conducted analysis of the forming public relations within information sphere and their legal regulation. The following conclusions were made: 1) there is absence of research on the issues of boundaries of rights, including boundaries in information law; 2) there is a need for determination of boundaries of exercising right in the information sphere and restriction of information rights and liberties in implementation of legal regulation, as well as consideration of the legal nature of technical norms in their inclusion into a normative legal act.

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