scholarly journals On the relevant questions of usage of information technologies for preventive purposes in oversight activity of the executive branch of government

2020 ◽  
pp. 27-37
Author(s):  
Ekaterina Nikolaevna Smirnova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Information Technologies ◽  
Digital Technologies ◽  
Executive Branch ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
Close Integration

The subject of this research is the legal norms regulating the usage of digital technologies in oversight activity of the executive branch of government, as well as law enforcement practice of utilization of digital technologies for preventive purposes in oversight activity of the executive branch of government. The object of this research is the social relations establishing in the process of digitalization of the prevention of violations of mandatory requirements. The author examines such aspects as usage of artificial intelligence in prevention of violations of mandatory requirements, as well as analyzes the implementation of “digital control” preventive purposes of oversight activity of the executive branch of government. The main conclusions of the conducted research consists in determination of positive experience from implementation of digital technologies for preventing violations of mandatory requirements, as well as in proposal of the new ways of using digital technologies for improving the effectiveness of implementation of preventive vector of oversight activity. The author also revealed a number of problems that may arise in case of close integration of digital technologies into preventive vector of oversight activity. The novelty consists in the fact that this article is first to explore the question of digitalization of prevention of violations of mandatory requirements, analyze the prospects of usage of digital technologies, as well as outline the “problematic” aspects of the phenomenon under consideration.

scholarly journals Problems of the mechanism for challenging of transactions of the debtor in bankruptcy case

2021 ◽  
pp. 30-45
Author(s):  
Viktoriya Viktorovna Kalinkina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Subject Matter ◽  
Court Ruling ◽  
Federal Law ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation

The subject of this research is a set of legal norms that regulate relations in the sphere of challenging of transactions of the debtor, as well as the law enforcement practice. The object of this research is the social relations that develop in the context of challenging of transactions of the debtor in bankruptcy case. The article discusses the problems faced by the arbitration and financial executives at the stage of claim preparation for challenging of transactions of the debtor, i.e. formation of evidence, as well as at the stage of execution of the corresponding court ruling. The purpose goal of this article lies in articulation of the problem, substantiation of the need for legislative regulation, and formulation of recommendation for the improvement of current legislation on the subject matter. The scientific novelty consists in addressed the issues that have not previously become the subject of separate research; as well as in the author’s conclusions and recommendations aimed at the improvement of the Federal Law No. 127-FZ of. October 26, 2002 “On Insolvency (Bankruptcy)” and other normative legal acts regulating this field. The acquired results can also be used in the Russian legal science for further elaboration on the issues related to the effectiveness of the mechanism for challenging of transactions of the debtor, and as well  as improvement of the current legislation of the Russian Federation and law enforcement practice that regulate this field.

Analysis of Legislative Supply of Informational and Informational– Analytical Activities of National Police of Ukraine

2020 ◽  
Vol 12 (1) ◽  
pp. 69-76
Author(s):  
Svіatoslav Senyk
Keyword(s):  
Law Enforcement ◽  
European Community ◽  
Social Relations ◽  
Effective Interaction ◽  
Important Criterion ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
The Social ◽  
National Police

In the article a number of Laws of Ukraine are analysed, which are the basis for the development of sub-normative legal acts in the field of informational and informational–analytical activities of the National Police of Ukraine, in order to establish a connection between the legal norms and the social relations that are regulated. It is accordingly one of the aspects that will contribute to achieving the highest possible level of law and order in society. As a result of the research, the underlying Laws and Derivatives (Laws based on the fundamental and specific provisions) in this area have been identified. It is proven that realisation and strict observance of the considered legislative norms in the field of informational and informational–analytical support of the activities of the National Police of Ukraine will help to bring the standards of this type of activity to the relevant standards of law enforcement bodies of European states, to ensure effective interaction between separate units of both the National Police of Ukraine, and between the National Police and other law enforcement agencies of Ukraine and European states, and it will also help to build the trust of the European community in the activities of the National Police, which is an extremely important criterion for assessing the activities of law enforcement agencies in Ukraine.

scholarly journals Procedural problems in cases of tax violations discovered in the course of tax audits (Article 101 of the Taxation Code of the Russian Federation)

2020 ◽  
pp. 46-57
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Statistical Analysis ◽  
Russian Federation ◽  
Social Relations ◽  
Document Analysis ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Empirical Material

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.

scholarly journals Approach towards classification of the types of legal responsibility

2021 ◽  
pp. 21-31
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Responsibility ◽  
Close Link ◽  
The Social ◽  
The Subject ◽  
Tax Fraud ◽  
Definition Of

The subject of this research is the social relations in the context of bringing to legal responsibility, as well as normative legal acts and scientific literature that reflect such relations. The problem of classification of the types of legal responsibility is relevant in the context of substantiation of the autonomy of its individual types. The attempts to substantiate the autonomy of one or another type of legal responsibility entail the revision of the grounds for classification. The goal of this article consists in revealing the natural grounds for definition of the concept of “legal responsibility” to build consistent and exhaustive classification. The main conclusion lies in determination of the criterion for classification of the types of legal responsibility. Emphasis is placed on the social relations underlying the legal relations, namely legal relations in the area of bringing to legal responsibility. On the example of responsibility for committing tax fraud, the article demonstrates the failure of attempts to find qualification criteria on the basis of the normative legal acts outside the entirety of social relations. The article determines the close link between social relations in the economic sphere, as well as their impact upon legal relations emerging in the context of bringing to legal responsibility as a whole and administrative responsibility in particular.

scholarly journals On the need to reform the Institution of undesirability of stay (residence) of foreign citizens in Russia in the conditions of digitalization

2021 ◽  
pp. 23-33
Author(s):  
Yuliya Viktorovna Paukova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Automated System ◽  
The Social ◽  
Migration Control ◽  
The Subject ◽  
The Government ◽  
The Individual ◽  
Advanced Computer ◽  
Stateless Person

The subject of this research is the legislative provisions on undesirability stay (residence) of foreign citizens and stateless persons in Russia, as well as the established law enforcement practice. The object this research is the social relations developed in the process of rendering decisions by the federal executive authorities on undesirability of stay (residence) and their enforcement. The goal of this work consists in formulation of recommendations on reforming the institution of undesirability of stay (residence) of foreign citizens and stateless persons in Russia in the conditions of digitalization of the government actions. The article examines the grounds for making decisions on undesirability of stay (residence) of foreign citizens in Russia, the powers of the departments, and the consequences of decisions made on foreign citizens and stateless persons. Substantiation is made on the need for changes in the grounds for decision-making on undesirability of stay (residence) of foreign citizens in Russia. The author proposes the development and implementation of the “Automated System of Migration Control” using the advanced computer technologies based on the “rating” of a foreign citizen or stateless person. Such system will determine the period for restricting entry with consideration of all circumstances pertaining to the individual and crimes they committed. It is recommended to legislate the possibility of annulment of a decision on undesirability of stay (if the grounds thereof no longer exist) or suspension (if, for example, a stateless person has been issued a “temporary identification document of a stateless person”).

scholarly journals The concept of «sources of law»: general theoretical definition and content

2021 ◽  
Vol 2 (2) ◽  
pp. 71-75
Author(s):  
Maryna Novikova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
The State ◽  
Dual Function ◽  
Legal Norms ◽  
The Subject ◽  
Theory Of Law ◽  
Theoretical Thinking ◽  
Legal Understanding ◽  
Legal Force

The article analyzes scientific approaches to the characterization of sources of law as a legal category. The reasons of multifaceted approaches, dependence of sources of law on legal understanding are defined. Approaches to understanding the sources of law are studied. The meaning of the concept in the material, ideological and formal (legal) sense is revealed. It is determined that in the system of categories of the theory of law the concept of «sources of law» performs a dual function. Thus, on the one hand, it allows distinguishing sources of law from other social regulators. Any legal system determines in its doctrine and legislation which sources (forms) of law are recognized as valid. On the other hand, this concept reveals the place of a source of law in the system of sources of law, the ratio of its legal force with the legal force of other sources of law. It is stated that the source of law cannot be defined as a way of external expression of legal norms, which are objectified in a certain form, because the «source of law» means the origins of law. It is pointed out that differences in the interpretation of sources of law can be explained by different approaches to legal understanding. So, for example, if the legal understanding is based on the normative approach, then the sources of law mean the will of the legislator or law-making activities of the state, and in the natural-legal approach, the sources of law are considered the principles of law, which should be followed by positive law. The source of law may not have forms, such as common sense or theoretical thinking, which can be considered full-fledged sources of law that form the meanings of law, although they are not forms of existence of law. It is concluded that the source of law, and not any other legal category, opens for the subject of lawmaking, determines the need for their use in the regulation of social relations. From the source of law, the subject of law enforcement derives the content of the legal norm, regardless of its recognition by the state, regardless of whether the sources of law are binding or only convincing value. The source of the law itself can be the basis for the decision of the subject of law enforcement. The legitimation, material, social and ideal meaning of the term «source of law» is analyzed. Based on the analysis of definitions and approaches to the chosen issues presented in the scientific literature, the authors agree with the position expressed in the literature that the understanding of the category of source of law, its form is directly influenced by the concept of legal understanding shared by researchers.

scholarly journals Practical and theoretical problems of legal regulation of surrogacy

2021 ◽  
pp. 1-12
Author(s):  
Yana Ivanovna Suprun ◽  
Anastasiya Maksimovna Kozlova
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Case Law ◽  
Legal Regulation ◽  
Surrogate Mother ◽  
Legal Norms ◽  
The Social ◽  
Legal Nature ◽  
The Subject ◽  
Genetic Parents

The subject of this research is the legal norms applied to the surrogacy program as an independent institution that requires a separate place in the system. The object of this research is the social relations arising in the sphere of surrogacy procedures for future parents, as well as protection of the rights of a child born from artificial insemination. Special attention is given to such aspects as the surrogacy contract, registration of a child born to a surrogate mother, court opinion on the refusal to register a child born to a surrogate mother, and right of a single father to register a child born to a surrogate mother. The novelty of this article lies the analysis and examination of case law dedicated to the practical and theoretical problems of using surrogacy. The definitions are provided to the concepts of surrogacy and surrogate mother. Recommendations are made on the amendments to family and civil legislation by introducing norms that would regulate and determine the legal nature of surrogacy contract, norms on the child’s registration by the genetic parents who are not legally marries, as well as norms that to regulate the rights and responsibility, legal status of the father of a child born to a surrogate mother.

scholarly journals Some aspects of efficiency of authority of the executive branch of government

2020 ◽  
pp. 1-10
Author(s):  
Anton Olegovich Ermakov
Keyword(s):  
Law Enforcement ◽  
Social Impact ◽  
Executive Branch ◽  
Administrative Law ◽  
Social Aspect ◽  
Legal Norms ◽  
Private And Public ◽  
The Subject ◽  
Theory Of Law ◽  
Legal Entities

The subject of this research is the efficiency of authority of the executive branch of government. The author reviews the approaches used in the general theory of law and administrative law towards definition of efficiency, making emphasis on the social aspect of efficiency of legal norms. Leaning on the considered doctrines, the author includes into the structure of efficiency of authority the socially substantiated goal of their realization, which in his opinion consists in ensuring enforcement of right and responsibilities of the citizens and legal entities (the subject of administrative law without authority). Based on the provisions of legislative acts and law enforcement practice, the article examines the organizing principle of authority that allows accomplishing the purpose of authority, determines its possible manifestations, as well as the conditions under which such principle can be implemented. The following conclusions were made: 1) the foundation for determining the efficiency of authority of the executive branch of government consists in their social impact, which is reflected in the level of implementation of the rights and responsibilities by the subjects of administrative law without authority; 2) since the efficiency represents feature of the system, it must be applicable to not to a separate measure of authoritative influence, but their ordered entirety, aimed at ensuring specific rights and responsibilities of the subjects of administrative law without authority; 3) the combination of lawmaking and law enforcement authorities, which in the conditions of their normative consolidation through assistance in exercising rights and responsibilities of private and legal entities, allows aligning private and public interests in various spheres of state administration.  

scholarly journals Impact of networkization of the economy upon changes in the provisions of competition law (on the example of blockchain and smart contracts in the area of advertising and intellectual property law)

2020 ◽  
pp. 14-32
Author(s):  
irina viktorovna ermakova
Keyword(s):  
Intellectual Property ◽  
Social Relations ◽  
Online Advertising ◽  
Smart Contracts ◽  
Legal Norms ◽  
Blockchain Technology ◽  
The Social ◽  
Legal Nature ◽  
The Subject ◽  
Definition Of

The subject of this research is the legal norms that regulate legal relations in the context of application of blockchain technology and smart contracts based on it in the area of online advertising and intellectual property. The object of this research is the social relations emerging in the indicated spheres. Analysis is conducted on the concepts and characteristics of blockchain technology and smart contracts. The author also reviews some controversial theoretical and practical issues, such as terminology, legal nature of blockchain, smart contracts, and related concepts. Examples are provided of the currently existing blockchain platforms and services premised on them. The novelty of the conducted research consists in focusing on the relevant problems that emerge in the conditions of network economy in such spheres as online advertising and intellectual property. On the example of blockchain platforms functioning in the indicated spheres, the author reveals the problems the can be resolved using such technologies. The author also underlines certain practical difficulties that arise in the process of application of blockchain and smart contracts, particularly associated with the absence of legal definition of a number of concepts. The examples of corresponding court decisions are provided. A proposal is made on the need for consolidation on the legislative level of definitions of such concepts as “blockchain”, “smart contract”, “cryptocurrency”, and “token”.

scholarly journals On administrative-legal status of the driving examiner and examinee in the case of a traffic accident during the driving test

2020 ◽  
pp. 19-25
Author(s):  
Fazil Nazim ogly Zeinalov ◽  
Oleg Evgen'evich Gubenkov ◽  
Irina Sergeevna Mikhaleva
Keyword(s):  
Law Enforcement ◽  
Traffic Safety ◽  
Traffic Accident ◽  
Legal Status ◽  
Legal Framework ◽  
Legal Norms ◽  
The Subject ◽  
Definition Of ◽  
Enforcement Activity

The object of this research is the system of public legal relations in the area of ensuring traffic safety. The subject of this research is the legal norms that regulate the administrative legal status of the driving examiner and examinee during a driving test. This work aims to conduct the analysis of the normative legal base regulating the driving test, as well as the legal status of the parties present in the vehicle during the driving test. The novelty of this study is justified by the practical and scientific importance of the problems of law enforcement activity in the area of ensuring traffic safety, as well as the need for improvement of the legal framework regulating authority of police divisions and departments in Russia. The authors analyze the federal legislation regarding legal status of the driving examiner and examinee during a live driving test. Proposals are made on establishing administrative legal status of the examiner, development the definition of “practice driving”, and determination of relation of live driving test to practice driving.

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