scholarly journals “Competitive” head of municipality: analysis and prospects of implementation

2020 ◽  
pp. 1-9
Author(s):  
Elena Georgievna Konysheva
Keyword(s):  
Legal Regulation ◽  
Theoretical Development ◽  
Federal Law ◽  
Organizational Model ◽  
Widespread Implementation ◽  
Selective Approach ◽  
The Subject ◽  
Local Representative ◽  
Current Reality

The subject of this research is the organizational model of local self-governance implemented by the Federal Law No.8-FZ of February 3, 2015, which establishes election of the head of municipality by the local representative body from among the list of candidates presented by the selection board based on the results of the competition. The goal of this work consists in comprehensive assessment of the organizational model of the “competitive” head of municipality, as well as in determination of future prospects of its implementation, taking into account the key traits of organizational model of the “competitive” head of local self-governance, as well as its strong and weak characteristics. The acquired results reveal a number of flaws, which indicate inexpediency of widespread implementation of the model, as well as the need for selective approach depending on the type of one or another municipality. The scientific novelty of the conducted research is defined by the objective factors of current reality and consists in substantiation of practical problems by insufficient theoretical development of such organizational model of local self-governance. In conclusion, the author suggest legislative solutions aimed at improvement of legal regulation in the area of organizational framework local self-governance through more extensive usage of the Institution of rotation.

Problems of Debt Collection Legal Regulation

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Марина Белобабченко ◽  
Marina Belobabchenko
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Federal Law ◽  
Consumer Loans ◽  
Primary Activity ◽  
Legitimate Interests ◽  
The Subject ◽  
Debt Collection ◽  
State Registration

The subject of this article is the regulations adopted on 21 June 2016 State Duma of the Russian Federation and entered into force on 3 July 2016 the Federal law No. 230-FZ “On Protection of Rights and Legitimate Interests of Individuals with the Implementation of Overdue Debts and on Amendments to the Federal Law “On Microfinance Performance and Microfinance Organizations”. The author analyzes the effectiveness of the existing regulatory framework governing the activities of organizations to collect overdue debts of individuals. It should be stated that the existing rules do not ensure protection of the rights and interests of individuals in arrears on consumer loans from illegal actions of collectors and at the same time do not regulate the legal framework within which collectors must perform. The current regulatory framework does not provide the balance of the interests of debtors and collection agencies. All these led to the need for a special law to regulate the activities of collection agencies. The adopted Law sets the mandatory state registration of organizations whose primary activity is the collection of debts. It defines the requirements both to the organization (in terms of charter capital and the order of formation) and to its employees when they undertake activities on debt collection. The law has a number of controversial provisions, which are considered by the author of the article; however, in whole a positive evaluation is given.

scholarly journals The problems of cross-border personal bankruptcy in russian and chinese legislation and practice

2017 ◽  
Vol 1 (3) ◽  
pp. 160-167
Author(s):  
Tatiana Kareva ◽  
Vadim Sonin
Keyword(s):  
Legal Regulation ◽  
Federal Law ◽  
Personal Bankruptcy ◽  
Methodological Basis ◽  
Russian Territory ◽  
Cross Border ◽  
Scope Of Application ◽  
Bankruptcy Procedure ◽  
The Subject ◽  
The Cross

The subject of the article is the legal and practical problems of cross-border personal bankruptcyin Russia and China.The main goal of this work is to analyze the major issues and obstacles in recognition andenforcement of Russian individual bankruptcy decisions in China and introduce it to Russianscholars and legal professionals.The methodological basis is analysis of the Russian and Chinese legislation, judicial practiceand special literatureThe results, scope of application. This article discusses the possibility of applying the provisionsof the Federal Law On Insolvency (Bankruptcy) to the Chinese nationals registered asindividual entrepreneurs in Russia. The article also reviews the Chinese legal regulation andoffers recommendations on execution of the court judgments on bankruptcy and collectionof debts from the PRC nationals. Existing Russian legislation allows to recognize the foreignnationals as bankrupts. The provisions on the cross-border insolvency also apply to them.The bankruptcy in China is not applied currently to the individuals, although theoretically itmay affect their property sphere during the bankruptcy of an individual private enterprise.Conclusions. The cross-border insolvency of the Chinese nationals encounters obstacles on threelevels. Firstly, the awards of the Russian arbitration courts have not been practically enforced inPRC due to inadequate notification of the Chinese party in the case. Secondly, Chinese courts inprinciple are extremely reluctant in recognizing foreign judgments on bankruptcy, such cases areexceptional. Thirdly, there is no personal bankruptcy institution in the PRC, while similar procedureslike bankruptcy of individual private enterprises are not applied in reality, and there are nolegislative prospects for the personal bankruptcy in the nearest future. Therefore, when conductingthe bankruptcy procedure for the Chinese nationals on the Russian territory, one can onlycount on their property located on this side of the border.

scholarly journals Current issues of the implementation of a criminal penalty

2021 ◽  
Vol 17 (2) ◽  
pp. 93-100
Author(s):  
Ekaterina V. Avdeeva
Keyword(s):  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Current Trends ◽  
Criminal Penalty ◽  
General Scientific ◽  
The Subject

The subject of the research is the criminal-legal aspects of the implementation of a fine as a type of criminal punishment. In this regard, an analysis of the materials of judicial practice is carried out, which makes it possible to reveal the current trends in the appointment of a criminal fine by the court. The dynamics of the appointment of a fine by the court as the main and additional punishment has been established. The purpose of the study is to uncover the problems of implementing a criminal fine as a type of punishment and to develop proposals for improving the mechanism for imposing a criminal fine by a court. The methodological basis of the research is formed by a set of general scientific and private scientific methods that predetermined an integrated approach to the study of the purpose of a fine as a type of punishment. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of the appointment of a fine, the determination of the property status of a person, and other income of the convict. The main results of the study contain conclusions and proposals aimed at improving the measures for the appointment of a fine in relation to minors, for the aggregate of crimes, when replacing a fine in case of malicious evasion from its payment. Conclusions are formulated regarding the methodological, organizational and practical aspects of the legal impact of a fine as a type of punishment aimed at achieving the goals of punishment. The novelty of the research topic lies in the formulation and solution of the problem associated with the appointment of a fine: 1) for the aggregate of crimes; 2) in relation to minors. Conclusions and proposals for improving the criminal law governing the basis and procedure for imposing a criminal fine are formulated.

scholarly journals Prosecutor's authority in the conceptual-categorical apparatus of the theory and practice of prosecutorial activity outside the criminal law sphere

2021 ◽  
pp. 58-68
Author(s):  
Darina Viktorovna Kocheva
Keyword(s):  
Semantic Content ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Public Interests ◽  
Legal Obligations ◽  
Legal Nature ◽  
Private And Public ◽  
The Subject ◽  
Universal Definition

The subject of this research is the approaches existing in the theory and practice of prosecutorial activity towards determination of the concept of “prosecutor's authority” and its constituent definitions, their correlation with the scientific views of legal scholars upon the state-legal category of “authority”. Due to the fact that any science is based on the terminological framework, featuring units that differ in their semantic content, the research of the cognizable basic category that does not have a universal definition, neither in science nor effective legislation, as well as the contradicting legal phenomena of different legal nature (rights and obligations) at its part, substantiates the relevance of this research. The scientific novelty of lies in the author’s argumentation of similar, identical and opposite perspectives on the subject matter existing in the literature, effective legal regulation, personal experience of working in the prosecutor's office, justification of conclusion in the indicated category of “legal obligations”. The author comes to the conclusion there is no need for normative differentiation the rights and responsibilities of the prosecutor within the framework of his “general oversight” authority and optimality of the existing regulation, which authorizes the prosecutor to act at the own discretion (making decisions based on subjective opinion and assessment) in terms of the grounds  and means set by law, with consideration of private and public interests.

scholarly journals DIGITAL CURRENCY AS A SUBJECT OF CRIME AND A MEANS OF COMMITTING CRIMES

2021 ◽  
pp. 5-8
Author(s):  
A.A. Korennaya
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Federal Law ◽  
Digital Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Official Recognition

In this article, the author examines the issues of the criminal legal status of digital currency as an objectand as a means of committing a crime. In 2020, a special Federal law was adopted defining the legal status ofdigital assets, as well as amendments were made to the Civil Code of the Russian Federation concerning theestablishment of the legal status of cryptocurrency or digital currency in the terminology of these regulationsas an object of civil rights. Significant changes in the civil legal regulation of cryptocurrencies have led to achange in approaches to assessing the criminal legal status of virtual money. In particular, the recognitionof digital currency by other property has allowed solving a number of qualification issues, but until now,criminal law is very cautious about the official recognition of cryptocurrency as the subject of a crime. Theauthor of the work offers options for the qualification of crimes committed using digital currency, in theabsence of changes in the criminal law and explanations of the Highest Court.

scholarly journals On determination of the deadlines with regards to restrictions arising after the dismissal of civil servants for loss of credibility

2021 ◽  
pp. 9-14
Author(s):  
Tigran Antonovich Zanko
Keyword(s):  
Civil Service ◽  
Criminal Responsibility ◽  
Civil Servants ◽  
Negative Consequences ◽  
Federal Law ◽  
Legal Norms ◽  
The Subject ◽  
Service Legislation ◽  
Practical Recommendations

The subject of this research is the legal norms that regulate the consequences of bringing civil servants to responsibility in the form of dismissal due to loss of credibility. It is noted that the current norms of civil service legislation do not contain specific deadlines for restrictions upon the admission to civil service after dismissal for loss of credibility. It is also indicated that the exclusion of a citizen from the register of persons dismissed for loss of credibility does not prevent negative consequences such as failure to enter into civil service is indefinite per se. The author compares the sanctions that restrict the admission of individuals to civil service within the framework of disciplinary, administrative, and criminal responsibility. The main result lies in formulation of practical recommendations for the improvement of civil service legislation, namely clarification of the paragraph 10, of the Part 1 of the Article 16 of the Federal Law No. 79-FZ for determination of the term in which the restriction caused by dismissal for loss of credibility is imposed on the entry into civil service. The article also suggests the mechanism for admission to civil service of persons who have been dismissed for loss of credibility, with participation of the Commission for combatting corruption-related offences.

scholarly journals Legal regulation of digital services taxation in the European countries

2020 ◽  
pp. 32-46
Author(s):  
Mikhail Aleksandrovich Eremkin
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
European Countries ◽  
Practical Significance ◽  
Normative Documents ◽  
Theoretical Substantiation ◽  
Digital Services ◽  
The Subject ◽  
Scientific Value

The relevance of this research is defined by the fact that in modern realities, the economic activity is carried mostly by means of digital technologies, which requires amendment of legal regulation of the economy overall and tax relations in particular. The subject of this research is the normative documents of separate European countries (Austria, Hungary, Greece, Italy, and France) adopted in recent years and aimed at regulation of taxation of the digital international groups of companies. The goal of this work consists in determination of legal framework for implementation of digital services tax in certain Western European countries, as well as in identification of the problems caused thereof. Practical significance and scientific value of this work lies in the detailed description and systematization of the normative legal acts of the European countries that established the digital services tax on a unilateral basis, which made the information on promulgated laws within the framework of reforms in the European tax system more accessible for the Russian researchers. Based on the analysis of theoretical sources, the author outlines the legal problems and consequences of implementation of the new tax. The conclusion is made that digital services tax requires further theoretical substantiation and more detailed elaboration for overcoming legal uncertainty and compliance with the international legal framework.

scholarly journals Optimization of the Legal Regulation of Credit Operations in the Conditions of Digitization: Issues and Development Prospects

2021 ◽  
Vol 1 ◽  
pp. 32-36
Author(s):  
Evgenia P. Simaeva ◽  
Keyword(s):  
Legal Regulation ◽  
Digital Culture ◽  
Financial Assets ◽  
Federal Law ◽  
Digital Currency ◽  
Use Of Technology ◽  
The Subject ◽  
Real Returns ◽  
Innovative Culture ◽  
Online Lending

The subject of the research is the current Russian legislation regulating lending activities in the context of the implementation of the national project “Digital Economy”. The purpose of the article is to establish functioning legal opportunities to reduce debt load and to identify directions for optimizing national legislation governing the provision of credit products. To effectively impact digital transformation on lending, the focus should be on developing a new mindset to make the best use of technology, motivate people and streamline processes. It is financial institutions that create a collaborative and innovative culture to drive change that can deliver real returns on their technology investments in banking. Conclusions are formulated that there is a need for regulatory regulation of online lending, the introduction of digital credit platforms, and the development of credit and digital culture of the population. First of all, this concerns amendments to the law “On banks and banking activities” on the provision of digital credit. In addition, with the adoption in 2020 of the Federal Law “On Digital Financial Assets, Digital Currency and Amendments to Certain Legislative Acts of the Russian Federation”, it is required to bring the regulations of the Bank of Russia on the possibility of lending against digital financial assets and digital currency in line with the current legislation.

scholarly journals Civil contracts in the area of air transportation: concept, characteristics, classification

2020 ◽  
pp. 35-60
Author(s):  
Natalia Vasilyevna Markevich
Keyword(s):  
Civil Law ◽  
Regulatory System ◽  
Air Transportation ◽  
Case Law ◽  
Legal Regulation ◽  
Air Cargo ◽  
Legal Nature ◽  
The Subject ◽  
Application Classification

The subject of this research is the concept, characteristics and interrelation of contracts in the area of air transportation. The article is dedication to understanding of legal nature and key elements of air contracts, specificity of their theoretical and practical application, classification; as well as aimed at creation of integral concept of regulatory system. Such understanding is acquired from a broad context of civil law literature and case law. Reference to the provisions of civil law doctrine allowed presenting an original view upon the subject matter, and propose recommendations on the improvement of aviation legislation. The main conclusion consists in the fact that civil law regulation of contracts in the area of air transportation is characterized by the existence of special contracts with peculiar features, which define the content of aviation legislation. With regards to each contractual construct, there emerge various question not only from the perspective of legal regulation and law enforcement (overbooking in the contract of air transportation of passengers), but also scientific approaches toward determination of the concept and nature of a particular contract (qualification of the shipping agreement as a bilateral or multilateral, legal nature of the shipping agreement for air cargo). The absence of universal understanding and interpretation of concept, contradiction of legislation, existence of legal gaps do not contribute to uniformity of aviation legislation, making it complicated for studying and application. The author also reviewed draft laws on regulation of air transportation and separate clauses thereof. Presented analysis reflects only few problematic aspects in the area of air transportation. The acquired results can be used in theoretical legal research, as well as legislative and practical activities.

scholarly journals Administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the Ural Federal District: the peculiarities of legal regulation

2021 ◽  
pp. 32-46
Author(s):  
Stanislav Vladimirovich Kalashnikov
Keyword(s):  
Russian Federation ◽  
Federal District ◽  
Legal Regulation ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
The Right ◽  
Legal Mechanism

The subject of this this research is the normative legal and legal acts of the government bodies of the constituent entities of the Russian Federation included into the Ural Federal District (Kurgan, Sverdlovsk, Tyumen, Chelyabinsk regions, Khanty-Mansi Autonomous Okrug, Ugra and Yamalo-Nenets Autonomous Okrug) that regulate the administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the indicated regions. Special  attention is given to the importance and need for legal regulation of the issues associated with arranging additional guarantees and exercising the right of citizens to appeal to government bodies, particularly on the level of the constituent entities of the Russian Federation included into the Ural Federal District. Based on the comprehensive analysis of the aforementioned normative legal act and legal acts, the author reveals the peculiarities of legal regulation of the administrative legal mechanism for exercising the right of citizens to appeal to government bodies in the constituent entities of the Russian Federation included into the Ural Federal District, the limits of norm-setting authorities of the listed regions of the Russian Federation, specificities of securing additional guarantees of the rights of citizens to appeal to government bodies in the corresponding regional laws, approaches towards consolidation of the categorical and conceptual apparatus, determination of parties to legal relations in the area of exercising the right of citizens to appeal to government bodies, the role of normative legal and legal acts of the constituent entities of the Russian Federation included into the Ural Federal District within the mechanism of exercising the right of citizens to appeal to government bodies. The conclusion is formulated on the prospect of the approaches of certain constituent entities of the Russian Federation towards legal regulation of the mechanism for exercising the right of citizens to appeal government. The author also makes recommendation for its improvement.

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