scholarly journals Modernization of the institution of government control of entrepreneurial activity

2020 ◽  
pp. 36-47
Author(s):  
Renata Nadimovna Aganina ◽  
Tat'yana Aleksandrovna Andronova
Keyword(s):  
Research Methods ◽  
Russian Federation ◽  
Case Law ◽  
Entrepreneurial Activity ◽  
Government Control ◽  
Scientific Methods ◽  
Preventative Measures ◽  
General Scientific ◽  
The Russian Federation ◽  
Legislative Initiative

This article presents modern vectors of reforming the institution of government control of entrepreneurial activity. The work touches on the questions of implementation of the mechanism of “regulatory guillotine”. Analysis is conducted on separate aspects of the legislative bill No.850621-7 “On Government Control (Supervision and Municipal Control in the Russian Federation”. The work illustrates with examples from case law the problematic of requirements set for the subjects of entrepreneurial activity. It reflects the dynamics of legislative initiative in the area of improvements to the institution of government control of entrepreneurial activity. The authors signify the positions of scientific and entrepreneurial communities on this topic. The article employs general scientific methods, analysis, and logical methods of cognition, as well as private scientific research methods (formal-legal, comparative-legal). The key conclusions of this research consist in clarification of the main principles of government control, need for information and digital support of entrepreneurs within the framework of government control; specification of preventative measures in carrying out government control; criticism of implementation of insurance mechanisms as an alternative to supervisory measures.

scholarly journals Notes as a method of legislative technique and their importance for regulation of the institution of conviction record

2021 ◽  
pp. 36-49
Author(s):  
Mariya Andreevna Malimonova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Case Law ◽  
Criminal Code ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The subject of this research is the criminal law provisions on notes as a component of legislative technique and their importance for achieving such goals. The author explores the existing approaches towards the definition of the concept and essence of notes, as well as their classification. Special attention is given to the only note from the General Part of the Criminal Code of the Russian Federation – note to Article 73, which pertains to the institution of conviction record. The goal of this work is to determine the essence and importance of the note for the development of criminal law norms dedicated to the institution of conviction record. The methodological framework of this research is comprised on the general scientific methods (analysis, synthesis, comparison), formal-legal and systematic methods, as well as the relevant case law. As a result, the author formulates the definition of the concept of notes, indicates its correlation with the criminal law norm, lists the basic types of notes used in criminal law, and describes their role. The analysis of the provisions of the Article 73 of the Criminal Code of the Russian Federation and the notes to the Article 73 revealed the new problems in legislative regulation of suspended sentence and conviction records, which prompted the author to explore these issues and offer solutions. Clarification is given to the definition of “convicts” provided in the Paragraphs “a” and “a.1” of the Part 1 of the Article 73 of the Criminal Code of the Russian Federation. Substantiation is given to the role of convict record as a separate circumstance that prevents imposition of suspended sentence. The author indicates the fact of various interpretation of the concept of “crimes against sexual integrity of minors” mentioned in the note to the Article 73 of the Criminal Code of the Russian Federation and in the construct of the qualifying element for a number of offences of the Article 18 of the Criminal Code of the Russian Federation, as well as substantiates inexpediency of unification of this definition. The scientific novelty consists in proposing the new wording for the purposes of the Article 18 of the Criminal Code of the Russian Federation, which the author believes should be enshrined in the new note to the Article 131 of the Criminal Code of the Russian Federation.

Types of law-making powers of the Ukrainian people

2021 ◽  
Vol 28 (3) ◽  
pp. 36-46
Author(s):  
Anatoliy M. Kolodiy ◽  
Olexiy A. Kolodiy
Keyword(s):  
Integrated Approach ◽  
Case Law ◽  
Methodological Framework ◽  
Scientific Methods ◽  
National Legislation ◽  
The People ◽  
Special Scientific ◽  
General Scientific ◽  
Legislative Initiative ◽  
Law Making

The relevance of this problem is considered in the fact that in modern conditions of the state's process of developing a sovereign and independent, democratic, social, and legal state, the people's awareness of its place and role is one of vital aspects. The Ukrainian people's awareness of their rights and obligations, in this case law-making ones, will contribute to a real opportunity for the people to take part in the management of state affairs. Despite the fact that the problem of the powers of the Ukrainian people is extremely relevant at this stage of the Ukrainian history, it is understudied by Ukrainian researchers. Therefore, considering the above, this study is investigates such types of law-making powers of the Ukrainian people as the rights to: people's initiative, and within its framework – people's legislative initiative and people's referendum initiative; people's veto; people's survey, including regarding regulations; people's examination of regulations and draft regulations. The purpose of the present study is to consider theoretical material concerning the state of possibility of using the above-mentioned types of law-making powers of the Ukrainian people, as well as foreign practices in their implementation. The methodological framework of this study included an integrated approach, which involves a combination of numerous philosophical, general scientific, and special scientific methods. Based on the obtained conclusions and generalisations, the study aims to develop original proposals and recommendations for improving national legislation on this matter

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

scholarly journals On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

scholarly journals On responsibility of the employer to undertake measures for preventing corruption

2020 ◽  
pp. 65-79
Author(s):  
Svetlana Pavlovna Basalaeva
Keyword(s):  
Russian Federation ◽  
Scientific Method ◽  
Scientific Methods ◽  
Essential Condition ◽  
Labor Legislation ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Corruption Prevention ◽  
Legal Consequences

The subject of this research is the legal relations on corruption prevention in organizations from the perspective of anti-corruption and labor legislation, as well as law enforcement practice. The author employs a general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, system-structural, formal-logical (deduction, induction, determination and divisions of concepts). The article analyzes the four aspects of responsibility of an organization to undertake measures for preventing corruption: 1) circle of measures; 2) form and methods for establishing measures; 3) content of measures; 4) legal consequences of failure to deliver or unacceptable delivery) of the responsibilities for undertaking measures. The author describes the risks of the employer in organization of anti-corruption policy, as well as formulates the proposals on proper discharge of anti-corruption duties by an organizations in accordance with the following aspects: 1) the need to develop and undertake all measures established in the Part 2 of the Article 13.3 of the Law “On Corruption Prevention”; 2) the local normative acts should represent the form of anti-corruption measures; 3) the criterion for establishing anti-corruption responsibilities of the employees relates to their work function and rules of conduct in the organization; 4) proper discharge of responsibilities for undertaking anti-corruption  measures is an essential condition for exemption from liability set by the Article 19.28 of Code of the Russian Federation on Administrative Offenses of the Russian Federation.

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 MANUFACTURING INDUSTRY FUNCTIONING EFFICIENCY ESTIMATION IN THE REGIONS OF THE RUSSIAN FEDERATION

2020 ◽  
pp. 70-76
Author(s):  
A. Sh. Kamaletdinov ◽  
A. A. Ksenofontov
Keyword(s):  
Russian Federation ◽  
Economic Activity ◽  
Manufacturing Industry ◽  
Federal State ◽  
Index Method ◽  
Scientific Methods ◽  
Efficiency Estimation ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

Manufacturing industry functioning efficiency on the territory of the Russian Federation has been analysed. Statistical data offered by the Federal Tax Service and the Federal State Statistics Service of Russia have been used for research. The object of the study is 85 subjects of the Russian Federation, the subject of the study is the type of economic activity “Manufacturing”, which operates on their territories. The methodological basis of the research were the general scientific methods of cognition. As special methods of cognition, statistical methods were chosen. The index method as a private scientific method has been used. An indicator of the effectiveness of the economic activity “Manufacturing” has been developed. The structure of tax revenues and employed population by type of economic activity in 2017 has been studied. A distribution of subjects by type of economic activity “Manufacturing” has been created.

scholarly journals Transformation of the Migration Policy of States During the Pandemic Period

2021 ◽  
Vol 26 (3) ◽  
pp. 34-44
Author(s):  
Vladimir Zorin ◽  
◽  
Vladimir Voloh ◽  
Vera Suvorova ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Migration Policy ◽  
European Countries ◽  
Migration Policies ◽  
Scientific Methods ◽  
General Scientific ◽  
The Russian Federation ◽  
And Migration ◽  
Further Development

Introduction. The article is devoted to the transformation of migration policies during the COVID-19 coronavirus pandemic. The article discusses changes in migration processes in connection with the COVID-19. The aim of the article is to illustrate how the countries’ migration policy has changed due to the pandemic and what measures have been developed to support migrants. Methods and materials. The research methodology includes general scientific research methods, such as analysis, synthesis, content analysis and the aristotelian method. As well as specific scientific methods, such as comparative legal and system analysis. The empirical basis of the study is the data of the General Administration for Migration Issues of the Ministry of Internal Affairs of Russian Federation, the International Organization for Migration (IOM), and the United Nations (UN). Analysis. The authors conducted a comparative analysis of migration policies of various countries during the COVID-19 coronavirus pandemic. Considerable attention is paid to the measures taken by countries to provide various types of support to migrants. The authors also analyzed the activities of international organizations and the civil society. The authors concluded that measures to restrain the pandemic affected the implementation of funded integration projects in the European countries, some activities were postponed, however, the European countries made certain efforts to adopt new integration practices to support migrants during the COVID-19 pandemic. Discussion. The authors assessed the further development of migration processes and countries migration policies. Results. The authors effectuated a conclusion that the COVID-19 pandemic has had a significant impact on the transformation of migration processes and migration policies. The authors focused on how events in the migration sphere would develop, and what changes would take place in the migration policy of the Russian Federation. The research results presented in the article can be used to improve the migration policy of the Russian Federation in relation to labour migrants and to develop regulatory migration measures.

scholarly journals The state and municipal financial control system and innovations in the Russian Federation

2021 ◽  
Vol 9 (1) ◽  
pp. 31-35
Author(s):  
Olga Grabova ◽  
Aleksandr Suglobov ◽  
Anton Grabov
Keyword(s):  
Russian Federation ◽  
Internal State ◽  
Financial Control ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Support ◽  
Imperative Subject ◽  
Theoretical Foundations

The subject under research of this article is the control and revision (audit) activities institutions in the budgetary sphere in modern conditions. The purpose of the research is to present the system and innovations structuring in the imperative subject-object sphere of control and revision (audit) sphere, as the main aspect of state and municipal organizations management. Research methods: general scientific methods, systemic and institutional analysis. This article summarizes the control and revision (audit) activities theoretical foundations; systematizes the modern institutional internal and external state structure and municipal financial control of the Russian Federation as well as innovations of internal state and municipal financial control, relatively to the legislative support.

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.

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