scholarly journals The instruments for combating shadow economy in the Russian Federation

2021 ◽  
pp. 22-32
Author(s):  
Eka Ermakova
Keyword(s):  
Russian Federation ◽  
Shadow Economy ◽  
Practical Experience ◽  
Legal Framework ◽  
Scientific Methods ◽  
Research Systems ◽  
Analysis And Synthesis ◽  
Effective System ◽  
Computer Based ◽  
The Russian Federation

This article substantiates the need for the development and application of the additional instruments for combating shadow economy in the Russian Federation. The object of this research is the measures for combating shadow economy, while the subject is the related punitive and preventive instruments. The research methodology employs the general scientific methods (scientific abstraction, unity of historical and logical, analysis and synthesis, induction and deduction, comparison and analogy); systemic and comprehensive approach; official statistical data, normative legal acts, works of the leading researchers dedicated to the problems of expansion of shadow economy, computer-based legal research systems Garant and ConsultantPlus. The study of the normative legal framework and scientific writings of the leading scholars, as well as the analysis of practical experience of the Russian Federation in combating shadow economy allowed making the following conclusions: the effective system of combating shadow economic processes should be built on all levels of governance: micro, meso and macro; at the same time, each of these levels should be able to apply both punitive and preventive instruments that encourage the actors to engage in legal activity. In recent years, Russia largely implements preventive methods for combating shadow economy. However, the rate of shadow economy in the country remains high (33% of GDP), which thwarts the economic development.

scholarly journals Administrative oversight: improving compliance practices

2021 ◽  
Vol 118 ◽  
pp. 03001
Author(s):  
Aleksander Nikolaevich Varygin ◽  
Irina Alekseevna Efremova ◽  
Vladimir Gennadievich Gromov ◽  
Pavel Anatolievich Matushkin ◽  
Anastasia Mikhailovna Shuvalova
Keyword(s):  
Russian Federation ◽  
Preventive Treatment ◽  
Integrated Approach ◽  
Federal Law ◽  
Scientific Methods ◽  
Administrative Supervision ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Russian Federation ◽  
Administrative Oversight

The main purpose of the research is to determine the goals, objectives and functions of administrative supervision and develop proposals for improving the legislation of the Russian Federation regulating issues related to the implementation of administrative supervision. Research methods: general scientific methods (analysis and synthesis, logical methods) and private scientific methods of cognition (formally-legally, specifically-sociological etc.). Outcome: the author’s version of the administrative supervision goals and objectives set out in the regulatory documents of the Russian Federation is proposed: 1. Administrative supervision is established to prevent the commission of crimes and other offences by persons. 2. The administrative supervision focuses on implementation by the internal affairs bodies of supervision over the observance by supervised persons of temporary restrictions on their rights and freedoms, as well as over the fulfillment of their duties stipulated by the related federal law; identification of violations by those under the supervision and taking measures in accordance with the law; individual preventive treatment of such persons. The novelty of the study is due to an integrated approach to the research into the goals, objectives and functions of administrative supervision and the developed proposals for improving the Russian legislation regulating issues in that area.

scholarly journals Essence and content of the financial activities of subjects of the Russian Federation

2021 ◽  
Vol 39 (3) ◽  
pp. 62-65
Author(s):  
N. M. Ataeva ◽  
Keyword(s):  
Russian Federation ◽  
Traditional Approach ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Financial Activity ◽  
Analysis And Synthesis ◽  
Research Problems ◽  
The Russian Federation

The aims of the article are to research problems of Russian Federation’s subjects financial activity and to analyze this term as one of the attribute of the Federation’s subject. Authors adhere the traditional approach of understanding financial activity of subjects of the Russian Federation, which has been researched in law science. There is researching of following terms: financial federalism, budgetary federalism, their basics, essence and content of the financial activities of subjects of the Russian Federation. Writing the article authors use different scientific methods, such as dialectical, logical, formal and legal, analysis and synthesis. In conclusion, author gave her own term of financial activities of subjects of the Russian Federation.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals Legal Basis for Remote Sale of Medicines in the Russian Federation

2021 ◽  
Vol 2 (4) ◽  
pp. 98-113
Author(s):  
Alexander Kornienko ◽  
Nadezhda Neretina
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Telecommunication Services ◽  
Scientific Methods ◽  
Current Trends ◽  
General Scientific ◽  
The Russian Federation ◽  
The Moment ◽  
Almost All

The topic of the article is very relevant, first of all, due to the fact that today the development of the information and telecommunication services market involves almost all areas of people’s life in the field of e-commerce. Until April 2020, it was not possible to purchase a medicinal product online on the territory of the Russian Federation due to the lack of a regulatory legal framework regulating such a mechanism. However, at the moment, the relevant legislation has entered into force, regulating in detail the sale of medicines in a remote format. Taking into account the presented circumstances, it seems to us that the issue of studying new legislative acts in the field of remote sale of medicines on the territory of the Russian Federation is largely being updated. The subject of the article is the mechanism of legal regulation of remote sale of medicines in Russia. The purpose of the study is to identify the problems of legal regulation of the process of remote sale of medicines in the Russian Federation at the present stage. This research is based on a combination of groups of classical general scientific methods (induction, deduction, analysis, synthesis) and a number of special methods of scientific cognition applied directly within the framework of legal science (formal legal, comparative legal and others). Within the framework of the presented article, the authors carried out a conceptual analysis of the features of the legal regulation of the sale of medicines using remote technologies, taking into account the latest changes in legislation. The specifics of remote trade in prescription and over-the-counter drugs, as well as the peculiarities of labeling of medicines on the territory of the Russian Federation, are analyzed. As a result of a comprehensive study of current trends in regulatory regulation and justification of possible methods for improving the systems for issuing electronic prescriptions, as well as mandatory labeling of medicines, a conclusion is made about the possibility of further development of remote trade in medicines in the Russian Federation.

scholarly journals CONTROVERSIAL ISSUES OF SUBSUMPTION OF MALFEASANCE

2018 ◽  
Vol 2 (2) ◽  
pp. 64-69
Author(s):  
Evgeny Evgenyevich Zabuga
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Code ◽  
Point Of View ◽  
Controversial Issues ◽  
Scientific Methods ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Scope Of Application ◽  
The Russian Federation

The subject. The article deals with subsumption of malfeasance, judicial characterization of such white-collar crimes.The purpose of the paper is to answer the question of admissibility of qualification of ho-mogeneous actions of a person according to two separate art. 285 and 286 of the Criminal Сode of the Russian Federation.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of normative legal and judicial acts).Results and scope of application. Within the meaning of paragraph 15 of the Resolution of Plenum of Supreme Court of the Russian Federation, it is absolutely clear that legal actions of an official, which were not caused by official necessity, must be qualified under art. 285 of the Criminal Code of the Russian Federation.Not only legally, but even from the point of view of ordinary logic, the qualification of ho-mogeneous actions by different criminal law norms is unacceptable.Due to the fact that art. 286 of the Criminal Code of the Russian Federation is not a crime of corruption by its characteristics, art. 285 of the Сriminal Сode of the Russian Federation cannot be regarded as a special case of abuse of power.Conclusions. This is unacceptable to qualify the homogeneous actions of a person according to two separate articles – art. 285 and 286 – of the Criminal Сode of the Russian Federation. It is necessary to add the Resolution of Plenum of Russian Supreme Court from October 16, 2009, No. 19 by the provisions more specifically delimiting qualification of malfeasance crimes according to art. 285 and 286 of the Criminal Сode of the Russian Federation.

scholarly journals THE ESSENCE OF THE TRANSPORT TAX, ITS PLACE AND ROLE IN THE TAX SYSTEM OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 7 (4) ◽  
pp. 56-60 ◽  
Author(s):  
Sergei Simonov
Keyword(s):  
Small Business ◽  
Russian Federation ◽  
Legal Framework ◽  
Property Taxes ◽  
Comparison Analysis ◽  
Tax System ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Tax Benefits ◽  
Current Mechanism

Introduction: Transport tax is one of the three property taxes paid by legal entities and individuals on property that they own. The article considers the current mechanism for collecting transport tax on the territory of the Russian Federation, since the transport tax is one of the sources of replenishment of the budgets of the subjects of the Russian Federation. The article examines the existing legal framework in terms of transport tax in Russia. The article summarizes the accumulated Russian and foreign experience in the field of transport tax taxation. The article deals with the problems of calculating the transport tax and possible ways to solve them. Materials and methods: in order to study the features of the mechanism of calculation and payment of transport tax separately and in combination with other taxes, methods were used: observation, comparison, analysis and synthesis, study and generalization. Results: according to the results of the study, conclusions were made about the problems in the field of: determining the object of taxation; the procedure for calculating tax; the correctness of using tax benefits; in filling out a tax return, etc. Discussion: the research suggests that the distribution of transport tax among taxpayers should take into account their ability to pay and differences in income, but at the same time provide a sufficient amount of funds coming to the budget, and be easy to administer. This tax belongs to the category of property, and, therefore, it must take into account the possible difference in the value of the property. Conclusion: the article substantiates the idea that the promotion of small business, as one of the directions of the tax policy of the state, should most fully take into account the characteristics of certain categories of taxpayers.

scholarly journals Debatable Issues of Law Enforcement Practice on Reducing the Penalty by the Court in Accordance with Article 333 of the Civil Code of the Russian Federation

2021 ◽  
Vol 2021 (3) ◽  
pp. 244-250
Author(s):  
Ekaterina Abakumova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Code ◽  
Practical Implementation ◽  
Scientific Methods ◽  
System Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Russian Federation ◽  
Legal Understanding

This study is an attempt to draw a theoretical and legal understanding of law enforcement practice to reduce the penalty in court. The research was based on the comparative legal, statistical, historical, and general scientific methods of cognition (system method, analysis and synthesis, logic, etc.). The author analyzed doctrinal ideas regarding the legal nature of penalty. The study revealed controversial conceptual and theoretical issues related to this legal institution that are of fundamental importance for its practical implementation. A retrospective analysis of the law enforcement practice under Article 333 of the Civil Code of the Russian Federation demonstrated a need for a wider recognition of the penalty function, not only in civil law, but also in tax relations.

scholarly journals LEGAL REGULATION OF PUBLIC RELATIONS ON THE MEDICAL SECRECY IN THE KINGDOM OF DENMARK AND IN THE RUSSIAN FEDERATION: A SELECTIVE COMPARATIVE ANALYSIS

2017 ◽  
Vol 3 (4) ◽  
pp. 74-80
Author(s):  
Александр Павлов ◽  
Aleksandr Pavlov
Keyword(s):  
Comparative Analysis ◽  
Public Relations ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Legal Forms ◽  
Historical Comparative

The purpose of this study is to conduct a selective analysis of the legislation of the Kingdom of Denmark that regulates public relations regarding medical secrecy in comparison with the legislation of the Russian Federation regulating similar relations. The relevance of the topic is determined by the need to study the specific features of the legal regulation of the social relations selected, as well as the possibility of extracting positive experience of legal regulation of the legal forms chosen – legal relations, legal forms, etc. The object of the study is the public relations that arise over the medical secrecy in the Kingdom of Denmark and in the Russian Federation. The subject of the study is the comparison of a legal institution of medical secrecy and a similar institution in the Russian Federation. The methodological basis of the research consists of general scientific methods of research – analysis and synthesis, systemstructural, formal-logical and analogies, as well as special methods – historical, comparative analysis, descriptive and other methods. The legal regulation of public relations regarding the medical secrecy of a citizen in the Kingdom of Denmark – in comparison with a similar category in the Russian Federation – has significant differences, which can be explained by the specific features of legal systems of both states belonging to different legal families. Despite the fact that in Denmark the legal regulation of relations regarding medical secrecy refers to the powers of bodies other than the legislature and the executive (competence of the Ministry of Health of the Kingdom of Denmark). It is characterized by perfect legal techniques and a wide and comprehensive coverage of regulated relations that are relevant and worthy to pay attention for the purpose of research and discussion. At the international level the Kingdom of Denmark, in fact, is not a party to international legal acts regulating social relations arising from medical secrecy (with the exception of several international legal acts). To a large extent, these issues are in the competence of national legislation.

scholarly journals CONSTITUTIONAL AND LEGAL ASPECT OF THE LEGAL EXPERIMENT OF MIGRATION REGULATION IN THE RUSSIAN FEDERATION AND GERMANY

2019 ◽  
Vol 7 (5) ◽  
pp. 1031-1034
Author(s):  
Marina V. Markhgeym ◽  
Alevtina E. Novikova ◽  
Evgeniy E. Tonkov ◽  
Vladimir I. Yevtushenko ◽  
Goar G. Zagaynova
Keyword(s):  
Russian Federation ◽  
Scientific Knowledge ◽  
Legal Aspect ◽  
German Law ◽  
Migration Policy ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
General Scientific ◽  
The Russian Federation

Purpose: The article is devoted to the study of the features of the migration policy implemented in the Russian Federation as a kind of legal experiment. Methodology: The methodological basis of the study was a set of the following methods of scientific knowledge – General scientific methods (analysis and synthesis), private scientific methods (formal legal and comparative legal). Result: The author analyzes normative acts, including by-laws of both the Russian Federation and its constituent territories. The analysis of the existing regulatory normative approaches to the regulation of migration in Germany is also given. At the same time, the author offers his vision of the possible implementation of German law in the Russian Federation. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Constitutional and Legal Aspect of the Legal Experiment of Migration Regulation in the Russian Federation and Germany is presented in a comprehensive and complete manner.

scholarly journals Recommendations for improving the effectiveness of measures of administrative responsibility of legal entities and officials in the sphere of road traffic

2021 ◽  
pp. 12-17
Author(s):  
Fazil' Kubaidullaevich Batenov
Keyword(s):  
Russian Federation ◽  
Road Traffic ◽  
Legal Framework ◽  
Scientific Methods ◽  
Legal Norms ◽  
Medical Institutions ◽  
The Russian Federation ◽  
Theory Of Law ◽  
Administrative Responsibility ◽  
Legal Entities

The object of this research is the system of public legal relations in the area ensuring road safety. The subject of this research is the legal norms that regulate the measures of administrative responsibility of legal entities and officials in the sphere of road traffic. The goal lies in examination of the normative legal framework that regulates the measures of administrative responsibility of legal entities and officials in the area of road traffic, as well as in formulation of recommendations for improving their effectiveness. Research methodology relies on the fundamental provisions of the theory of law; general scientific methods of analysis, synthesis, and deduction; special scientific methods, such as formal-legal and comparative legal. The novelty of this article consists in the development of specific recommendations for enhancing the measures of administrative responsibility of legal entities and officials in the area of road traffic: escalation of the measures of administrative liability set by the Article 12.32 of the Code of Administrative Offences of the Russian Federation for legal entities that conclude contracts with medical institutions; extension of the principle of responsibility of legal the entity for unlawful actions of their employees and to other administrative offenses of the Chapter 12 of the Code of Administrative Offences of the Russian Federation; extension of the content of the Code of Administrative Offences of the Russian Federation by the articles establishing administrative responsibility of legal entities and officials for administrative offenses associated with operation of highly or fully automated vehicles.

Sign in / Sign up

Export Citation Format

Share Document