Legal guarantees for international investment according to the legislation of the Russian Federation
This article analyses the notion and system of legal guarantees ensured by the foreign investments legislation, reviews its general feature, and focuses on the national regime for foreign investors,. The author draws a conclusion that the existing system of special guarantees for foreign investors is neither effective nor prudent.
1. Farkhutdinov,...
EU de facto membership: an attempt to adapt to current challenges
... membership, including alignment of foreign policy, conditionality of integration, the significance of the energy component in economic interaction, independent initiatives by third countries to incorporate the acquis communautaire into domestic legislation, the importance of a shared cultural identity, as well as quantitative indicators—namely, the orientation of more than 50 % of a country’s foreign trade toward the European market and the implementation of over 50 % of EU legal acts into ...
Cybersecurity and information sovereignty: the role of technology in protecting Russia’s interests
... are outlined, along with key cybersecurity challenges facing Russia in the context of global threats, as well as the importance of developing indigenous technologies and infrastructure to maintain the state’s digital sovereignty. The contemporary legislative and institutional framework of cybersecurity in the Russian Federation is examined, including doctrinal documents and laws aimed at protecting critical information infrastructure and strengthening “digital borders.” Particular attention ...
Interim decisions in criminal proceedings of the court of first instance
... as well as provisions of the theory of social action. Methods of synthesis and analysis, along with formal-legal and comparative-legal methods, were employed. The immediate empirical basis of the study consisted of the results of an analysis of the legislation of the Russian Federation, data from the Judicial Department at the Supreme Court of the Russian Federation, and law enforcement practice. The findings of the study make it possible to enrich the theory of criminal procedure with a new ...
The model of proceedings in the court of first instance in the criminal procedure doctrine of Russia
... axiological, synergetic research methods were used, as well as the theory of social action. Methods of information analysis and synthesis, comparative legal and formal legal research methods were used. The empirical basis of the study was an analysis of the legislation of the Russian Federation regulating the activities of the court of first instance, data from the Judicial Department at the Supreme Court of the Russian Federation. The results of the study allow us to determine the purpose, objectives of ...
Formation of a reclamation layer at open-cast mining
Land reclamation must ensure that the quality of the land complies with environmental quality standards and the requirements of the legislation of the Russian Federation. The purpose of this work was to study the process of formation of a reclamation layer in open-cast coal mines. The indicators of the quality of the fertile soil layer should correlate to the quality of the fertile ...
The concept and typologisation of defects in the criminal procedure law
... defining the concept of a defect in law is revealed. The criteria are formulated to identify the presence of a defect in the criminal procedure law. After studying the various views of scientists on the prospects for the development of the theory of legislative defects, taking into account the specifics and independence of the functioning of the conceptual apparatus of the criminal procedure law, the author’s concept of defects of the criminal procedure law is formulated. The existing views on ...
The history of the development and formation of notaries in Russia: topical issues
... of the formation and development of notaries in Russia are analyzed, the features of notarial activities in different periods are determined. The post-Soviet period of development of notaries, associated with the adoption of the Fundamentals of the legislation of the Russian Federation on notaries, as well as with the emergence of private notaries, is highlighted. The development of the notary office in the digital era, the functioning of the electronic (digital) notary office are outlined, and ...
Domestic violence against women: facts, law, prevention measures
... appeal of family life, discouraging youth from entering into marriage, and undermining their reproductive intentions. The authors approached the problem of domestic violence comprehensively, presenting relevant facts, conducting an in-depth analysis of legislative acts, regulatory documents, and their application in the context of preventing and eradicating domestic deviations. The primary research method was the secondary analysis of data from open sources and Rosstat statistics. The review resulted ...
A reasonable period of trial in a criminal case
... related to compensation for violations of the principle of reasonable timeframes during court proceedings, a conclusion was drawn regarding the essence of these provisions, which allows for an evaluation of the criteria of reasonableness outlined by the legislator and the identification of methods for their assessment.
criminal proceedings, reasonable time, participant in the court proceedings, the principle of criminal proceedings
5-18
10.5922/vestnikhum-2024-3-1
Legislative Flaws in the Provision of Article 281.1 of the Criminal Code of the Russian Federation “ Sabotage Activities Encouragement”
Recently, the Special Part of the Criminal Code of the Russian Federation has been supplemented with provisions that establish liability for preparation for another crime and forms of complicity in committing another crime. In doctrine, such provisions are referred to as criminal law norms with dual prevention, as they are designed to prevent other, typically more serious, offenses. In 2022, the heightened threat of sabotage within Russia led to the introduction of Article 281.1 of the Criminal Code...
Legal nature of marketplaces
The advancement of information technology and the digital economy pose a challenge that calls for developing specific legal approaches to comprehend phenomena such as marketplaces. This article reviews the stances adopted by Russian and international legislators regarding the understanding of marketplaces. It is shown that legislators apply a similar legal regulation logic and consider marketplaces as subjects in a legal relationship, defining them based on a set of distinctive traits. Some lawmakers ...
Kant and Covid Ethics
... Emergence of Autonomy. Cambridge: Cambridge University Press.
Beauchamp, T. and Childress, J., 1994. Principles of Biomedical Ethics. Fourth Edition. Oxford: Oxford University Press.
Bentham, J., 1970. An Introduction to the Principles of Morals and Legislation. Edited by J.H. Burns and L.H. Hart. London: The Athlone Press.
Dürig, G. and Maunz, T., eds. 1958. Grundgesetz. Kommentar. Volume 1: Texte, Art. 1-5. München: Beck.
Gillessen, J., 2014. Was, wenn jeder ...? Freiburg i.Br. & München: Alber....
The State Academy of Artistic Sciences versus Petrograd formalism: Verse theory. II. On Zhirmunsky’s “Rhyme, its history and theory”
... 140—142 (in Russ.).
Pilshchikov, I. and Ustinov, A., 2020. The Moscow Linguistic Circle and the formation of Russian verse studies (1919—1920). In: L. Fleishman, D. M. Bethea and I. Vinitsky, eds.
Stanford Slavic Studies 50
.
Unacknowledged Legislators: Studies in Russian Literary History and Poetics in Honor of Michael Wachtel
. Berlin, pp. 389—413 (in Russ.).
Pilshchikov, I., 2022. The four faces of Russian formalism. In: M. Mrugalski, Sch. Schahadat and I. Wutsdorff in coll. with D....
Author-coined terminology in Russian verse theory: the formalist legacy
... dictionary]. Moscow (in Russ.).
Pilshchikov, I. and Ustinov, A., 2020. The Moscow Linguistic Circle and the formation of Russian verse studies (1919—1920). In: L. Fleishman, D. M. Bethea and I. Vinitsky, eds.
Stanford Slavic Studies 50
.
Unacknowledged Legislators: Studies in Russian Literary History and Poetics in Honor of Michael Wachtel
. Berlin, pp. 389—413 (in Russ.).
Pilshchikov, I., 2017. The meeting of the Moscow Linguistic Circle on 1 June 1919 and the genesis of the prosodic theories of ...
Criminological study of the prevalence of pornographic content in social networks and messengers (based on an online user survey)
... The author suggests special criminological measures to combat pornographic content in social networks and messengers, including strengthening content control, developing and implementing content filters, conducting informational campaigns, improving legislative regulation in the field of illegal pornography circulation, and creating effective prevention programs.
Kochkina M.S.
pornography, social networks, instant messengers, morality, online survey, prevalence of pornography, crime prevention
...
Performing verification actions before initiating a criminal case: theory and practice
... the list of verification actions in the criminal procedure law is exhaustive, and the establishment of their evidentiary significance. The positions of scholars on these issues are analyzed, and proposals are made for improving criminal procedure legislation.
Avdeev V.N., Pankina I.Yu.
ensuring the rights of an individual, operational-search action, survey, verification actions, investigative actions, production criteria, search, seizure, inspection of the scene
5-17
10.5922/vestnikhum-2025-3-1
Digital technologies as a tool for citizen participation in local government
... the use of internet technologies remain relevant. Among the digital forms of citizen participation in the work of local selfgovernment bodies, one can identify crowdsourcing platforms for municipal referendums, municipal online elections, services for legislative initiatives and online appeals to municipal authorities, online meetings and citizen gatherings, as well as voting on budget planning projects.
digitalization, internet technologies, political participation, local government
127—133
...
Fundamentals of the theory of legal punishments (problem statement)
... of legal punishments. In the course of the study, in addition to general scientific methods, special legal research techniques were employed, including the formal-legal, systemic-legal, and legal modeling methods, which, together with the analysis of legislative norms and decisions of the Constitutional Court of the Russian Federation, allowed the research objective to be achieved. A conclusionis drawn on the necessity of a dual understanding of punishment as a phenomenon of both objective and subjective ...
The concept “people” in the modern European political thought: Hobbes, Spinoza, Pufendorf
... “a flickering subject” that appears during the transition from a natural state to a civil one and disappears when the transition goes in the opposite direction. In a civil state, people become an active subject when they perform the function of the legislator. In other cases, people as a political subject transform into a certain multitude, consisting of separate individuals.
Virno, P., 2013. Grammatika Mnozhestva. K Analizu Form Sovremennoi Zhizni [Grammar of the Set. To the Analysis of Forms ...
The problem of meaning in Social Semiotics: deep semiotics as a conceptual extension of Social Semiotics
... issledovaniya v gumanitarnykh naukakh [Russian studies in the humanities]. Vol. 16. Lewiston-Queenston-Lampeter: The Edwin Mellen Press (in Russ.).
Tul'chinskii, G. L., 2006. Telo svobody [Body freedom]. St. Petersburg (in Russ.).
Bentham, J., 1896. Theory of Legislation. London.
Halliday, M. A. K., 1978. Language as social semiotics: The social interpretation of language and meaning. Maryland: University Park Press.
Leeuwen, T., 2005. Introducingё Social Semiotics. New York: Routledge.
Morris, Ch. W., 1938....
Corpus-based studies in conference interpreting
... Could speech act theory
be of any use? In: C.J. Kellett Bidoli, ed. Interpreting across Genres: Multiple Research Perspectives. Trieste: EUT. pp. 152—170.
Wallmach, K., 2000. Examining simultaneous interpreting norms and strategies in a South African legislative context: A pilot corpus analysis. Language Matters, 31(1), pp. 198—221.
Wang, B., 2012. Interpreting strategies in real-life interpreting: Corpus-based description of seven professional interpreters’ performance. Translation Journal, 16(2)....
Naturalising Kant
The third formulation of the Categorical Imperative rarely receives the attention devoted to its predecessors. This paper aims to develop a naturalistic approach to morality inspired by Kant’s conception of moral agents as legislating in a Kingdom of Ends. Positions derived from the third formulation, John Rawls’s Kantian Constructivism and T. M. Scanlon’s Contractualism, cleave closely to Kant in idealising the process of legislation. For Rawls, the citizens of the ...
Kant on the rights of citizens in matters of religion: The concept of religious tolerance in the German Enlightenment
... which he delivered in 1784. A traditional part of the then natural right compendia, it might seem strange to us today. Kant distinguished between three branches of government. However, they were not identical in the name or function to the executive, legislative, and judicial powers. Of interest is the justification of the exclusion of certain powers from the monarch’s authority — the monarch must not dispense justice or rule in a way that is demeaning to his or her greatness. Moreover, the section ...
Infinitive sentences as a means of expressing modal semantics
... is paid to the interaction of modal semantics with the pragmatic background of the utterance. The authors identify a variety of modal meanings, including those of necessity and obligation expressed by constructions with an independent infinitive in legislative directive documents. The authors analyze the dependence of the semantics of these constructions on the genre of the text.
1. Буралова Р. А. Оптативные высказывания с независимым инфинитивом ...
Informal education for multi-age communities: The legal framework and development prospects
... Russian society and state, as well as the need to promote its development for supporting cultural continuity and socioeconomic development. Through analysing the legal framework of the modern development of education in Russia, the author identifies the legislative resource for promoting informal education in multi-age communities, which makes it possible to support educational initiatives aimed at stimulating a dialogue between generations.
1. Белозерцев Е. П. Онтологическая ...
Special legal business regimes in the Kaliningrad region
... development of the labor market, indicates the existing shortcomings and problems in the legal regulation of entrepreneurship. Proposals for developing the investment attractiveness of a special legal regime for entrepreneurship and to improving legislation have been formulated.
The best interests of the child in the context of criminal procedure policy
... systematic, comparative legal analysis and formal-legal methods.
As a result, it is possible to determine the features of the criminal procedural policy for minors, taking into account the principle, as well as ways for further improvement of legislation. Nonetheless, the issue of legal recognition of the principle is debatable.
Types of judicial activity and its elements
... independent category. The research mainly relied on the method of materialistic dialectics as well as the methods of information analysis and synthesis, the formal-legal and comparative-legal methods. The empirical basis of the study was an analysis of the legislation of the Russian Federation related to the issue of legal regulation of judicial activity, as well as an analysis of the data of the Judicial Department at the Supreme Court of the Russian Federation.
On the role of the results of operational search activities in contemporary criminal proceedings
... Methodologically, research relied on the dialectical method of scientific knowledge, logical, comparative legal methods, as well as observation and other particular methods of studying legal phenomena. The research used doctrinal sources, as well as domestic legislation as the sources of study material. Conceptual proposals were put forward to improve the theory of criminal justice, with the aim of its rational updating, as well as possible ways to improve the Criminal Procedure Code of Russia.
Cultural heritage protection in Russia and Germany: challenges and solutions
... based on a study of the legal framework of these states in this field. The study compares the laws and provides concrete examples of the legal framework. Particular attention is paid to public-private partnerships. It has been revealed that Russian legislation is more restrictive in terms of protection of cultural heritage, while the legal provisions and their practical application have stimulated the development of public-private partnerships (PPP) in Germany, which in turn has helped to preserve ...
On countering the illegal provision of massage services by legal means
The article deals with medical and legal issues related to the conceptual background of massage services. The purpose of the study is to analyze the legislative requirements of the Russian Federation for the medical and regular massage services, to establish the criteria for distinguishing these services when it comes to qualification of socially dangerous activity. The methodology of the research ...
Crime situation as an object of criminal law and criminological impact
... legal analysis for interpreting the norms of criminal procedure and criminal law. The author demonstrates the growing attention to the crime situation, and this awareness contributes to crime prevention both at the level of regular practice and the legislation. The situational crime prevention was chosen as the optimal theoretical framework for practical and legislative measures that affect the crime situation. The purpose of situational crime prevention is to neutralize or reduce the external ...
The concept of extreme necessity in the crime qualified by Article 199.2 of the Criminal Code of the Russian Federation
... practical nature and to propose possible ways to bridge them. The article notes the importance of making amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 48 dated 26.11.2019 "On the practice of applying Legislation on Liability for Tax crimes by courts".
Prospects of the resort tax in Russia
... instrument for the tourist infrastructure. The main idea of the article is to prove that this assumption doesn’t agree either with the experiences of foreign countries or the Russian actual situation. The idea is implemented through the analysis of legislative base of the resort tax implementation, indicators of budgetary performance of tourist taxes abroad as well as the analysis of the current situation and forthcoming changes on the Russian touristic market. This enables to conclude that the ...
Writ and simplified proceedings in civil process: a comparative analysis
... procedural matters of production; in the prospects and benefits of development. The research focuses on the provisions of the Civil procedure code of the Russian Federation related to the implementation of simplified production and some issues of improving legislation as well as different views of experts on this issue.
1. Конституция Российской Федерации (принята всенародным голосованием 12.12.1993 г., с учетом поправок, внесенных ...
Administrative resource at the elections to the State Duma of the third convocation in the North-Western provinces of Russia
The article analyzes the administrative control over the elections to the State Duma of the third convocation of the Russian Empire in the Northwestern provinces. The local and central administration employed a wide variety of methods. The electoral legislation was radically changed (the provision on elections to the State Duma of June 3, 1907); the government removed unreliable candidates, supported loyalists, instructed officials of all levels, and organized campaigns in the press. In the Northwestern ...
Certain issues of correlation between the international financial law and the EU law
... structural analysis reviews different types of interaction between IFL and the EU legal order. Although international agreements form an integral part of the EU legal order, the rules of their interpretation differ from the primary and secondary EU legislation. The reverse influence of the EU law is carried out by EU institutions and Member States by participating in inter-governmental organizations and other international bodies which work out and review national implementation of International ...
The subjects of legal monitoring of Justice of the Peace
... rights by his will and in his interest in accordance with legal norms, criteria for the lawfulness of the implementation of actions, restrictions. Manifestations of positive legal responsibility should be sought not in specific legal norms, but in the legislatively established valuation categories. Evaluation categories act as a measure of discretion in the exercise of subjective rights, when the dispute is resolved by the law enforcer.
1. Чепус А. В. Теория позитивной юридической ...
Sources of discretionary powers of judges in Russian law
This article examines the sources of judicial discretion under Russian law. Based on a legislation analysis, the author identifies and classifies legal rules granting judges discretionary powers and defines the role of such rules in the administration of law by judges. The discretionary power of judges is considered in terms of compliance ...
Criminalisation of economic offences
This article discusses the features of criminal policy in the economic sphere and analyses the recent changes to Chapter 22 of the Criminal code of the Russian Federation. Based on the analysis, general trends in the relevant legislative activity are identified and recommendations to overcome the existing deficiencies made.
1. Иванчин А. И. Финансово-экономические перемены как фактор конструирования новых ...
Small and medium public-private enterprises in the Brest region of the Republic of Belarus: performance and characteristics
This article analyses the performance of small and medium public-private enterprises in the Brest region of the Republic of Belarus in 2010—2014. The authors examine the legislative and normative framework for the development of national small and medium enterprises and addresses problems of their development in different regions of the country.
1. Амунц Д. М. Государственно-частное партнерство ...
3.0 University: legislative framework for innovative entrepreneurship
This article describes a legislative framework for a new model of higher education institutions, oriented towards business and innovation. The author offers practical recommendations for the development of competitive socioentrepreneurial innovation-based universities. It is ...
The concept of secularism: legal and philosophical aspects
... правового регулирования школьного религиозного образования) // Журнал зарубежного законодательства и сравнительного правоведения / Journal of foreighn legislation and comparative law. 2010. № 4. С. 210—224.
12. Барциц И. Н. О работах И. В. Понкина по проблеме правовых основ светскости государства и образования // Право ...
Legal consequences of the bankruptcy of an individual entrepreneur
This article addresses the legal consequences of adjudicating an individual entrepreneur bankrupt. The author considers particularities of repayment of liabilities as compared to legal entities and examines relevant changes in the legislation. Legal consequences are divided into short-term ones effective during the bankruptcy procedure and long-term ones.
1. Собрание законодательства РФ. 2002. № 43. Ст. 4190.
2. Об урегулировании особенностей ...
Criminal penalties of material nature: Imposition and enforcement
This article focuses on the imposition and enforcement of criminal penalties of material nature – fines and community services. Special attention is paid to a low effectiveness of fine enforcement, in particular, due to the inflexibility of the legislative norm. The author presents several suggestions, in particular, reducing the minimum level of progressive fines. It is stressed that imposition of community service penalties is complicated by the possible unemployment of the sentenced person....
Special legal regimes as a means to differentiate the legal regulation of entrepreneurship
The legal category of ‘legal regime’ is considered as a means of differentiating legal regulation of entrepreneurial activities. The author stresses the use of special legal regimes in entrepreneurship legislation and examines the purposes of their application. The article emphasises the problems of improving special legal regimes of entrepreneurship.
1. Словарь иностранных слов. М., 1980.
2. Большой энциклопедический ...
Some trends and features of investment activity in the Kaliningrad region
In 2016, the Kaliningrad region economy is entering a new stage of development. It is important to establish whether the new investment mechanism proposed in the framework of amended SEZ legislation can ensure the development of regional economy. In recent years, investment performance has deteriorated in almost all areas, since the expected abolition of customs preferences brought about dramatic changes in the business environment. The ...
Rights and obligations of the parties under a special bank account contract: Relevant issues
... the legal regime of accounts opened by a bankruptcy trustee in a credit institution in accordance with Article 138 of the Federal Law «On Insolvency (Bankruptcy)». The author analyses relevant judicial practices and formulates proposals relating to legislation improvement.
1. Инструкция Банка России от 30.05.2014 г. № 153-И «Об открытии и закрытии банковских счетов, счетов по вкладам (депозитам), депозитных ...