Legal Provision: General Theoretical and Criminal Aspects
The article analyses the concept of legal provision, its scientific typology, classification and correlation with legislative practice.
Общая теория права: в 2 т. Т.
Public law entities and the theory of the subjects of law
This article reviews theoretical works of Russian legal scholars on public law entities and analyses several provisions of the Constitution of the Russian Federation and the Charter of the Kursk region. The author reflects on the representational functions that public law entities perform in public relations. The article aims to study the terminology and ...
Legal aspects of the EU policy on irregular immigration
4. Voinikov, V. V. 2013, Pravovoe regulirovanie Evropejskogo prostranstva svobody, bezopasnosti i pravosudija [Legal regulation of the European area of freedom, security and justice], Kaliningrad, 397 p.
5. Protokol protiv nezakonnogo vvoza ... ... Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organised Crime concerning the provisions of the Protocol, in so far as the provisions of this Protocol fall within the scope of Articles 179 and 181a of the ...
The legal status of institutions in the Russian Federation
This article considers common and distinctive features of legal status of various institutions (autonomous, budget, government and private ones). Special attention is paid to the legal procedure of financial provision of their activities and property regime. The author identifies the advantages and disadvantages of the new legislative approach to the status of institutions.
1. О некоммерческих организациях : федеральный ...
Kant and the Constitution of Russian Federation
... the Constitution of Russian Federation. Of course, the articles of Constitution require significant improvement so that they adhere to the letter and the spirit of Kant’s ideas on state and law. The article stresses the need to take into account two provisions of Kant’s philosophy: the complementarity of morals and law and support for traditional family values. The legal discussions on the essence of constitutionalism, supremacy of law, and constitutional state lack philosophical depth and consideration of the sources of these phenomena. Without a philosophical interpretation of the phenomenon of law, lawyers will ...
The legal regulation of inflicting damage on a criminal during detainment in the criminal codes of foreign states
This article deals with the provisions of a number of international criminal codes determining the permissible damage that can be inflicted on the criminal during detainment, thus creating the theoretical framework for the improvement of the corresponding provisions of the Criminal ...
Problems of increasing the efficiency of the special economic zone legal regime in the Kaliningrad region
This article considers the main problems of improving the legal regime of the Special Economic Zone through the prism of efficiency increase. The author stresses the imperfection of some provisions contained in the Law on the Special economic Zone. Certain proposals on the legal regulation and law enforcement are formulated.
1. Собрание законодательства РФ. 2013. № 25, ст. 3155.
2. Об утверждении порядка эффективности налоговых льгот : постановление ...
The content of morality as an object of constitutional and legal protection
The article develops the concept of «morality» and establishes its content as an object of constitutional and legal protection. The author analyzes some legal provisions related to the protection of public morality. Another issue which is considered in this publication is the views of researchers who studied the content of morality as a matter of legal protection in various legal spaces.
1. Муранов ...
The Legal Regulation of the EU Immigrant Integration Policy
... relevant legislation at a national level in the case of Germany. Using the method of legal analysis, I suggest the following system of legal regulation of the EU immigrant integration policy: ‘soft law’ instruments adopted at the level of the EU; provisions on immigrant integration contained in the legal acts of the Union; relevant national legislation. I conclude that the system of legal regulation of immigrant integration in the EU is two-tier. General principles are established at the Union level and legally binding rules are formulated at national ...
Urgent issues of creating a system of legal regulation of Russian economy’s deoffshorisation
This article stresses the need for the deoffshorisation of Russian economy and the creation of an integral system of legal regulation. The authors con-sider the urgent issues and elements of this process, analyse the “anti-offshore” legislation provisions, and suggest avenues for its further improve-ment.
1. О внесении изменений в части первую и вторую Федеральный Налогового кодекса Российской Федерации (в ...
The role of notary system in establishing correspondence between the will and expression of will of citizens of the Russian Federation
This article considers the problems of analysing will and will expression of citizens when performing legally significant actions. The author stresses the importance of analysing citizens’ will in view of the changes to the provisions of the law on the limitation of legal capacity of natural persons. The article stresses the need to extend the role of notaries in documenting the will and will expression of civil circulation participants.
1. Токарева М. В. Взаимная ответственность ...
The problems of legal regulation of relations pertaining to satisfying state requirements in the light of new legislation
This article analyzes the provisions of the recently adopted federal law on the contract system and identifies its shortcomings. The author stresses that new rules are not capable of solving the problem of legal regulation aimed to satisfy state requirements and will create additional complications in the use of terminology, application of legislation, identification of the scope of different regulations, and the correlation of private and public law regulation....
The facilitation of freedom of movement between Russia and the European Union: prospects and legal issues
... 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention,
2006, Official Journal, L 405, 30 Dec.
10. Soglashenie ot 18.09.2007 goda mezhdu Kabinetom ... ... and the Government of
Hungary to the rules of the local border traffic], Vseukrainskij juridicheskij portal [All-Ukrainian Legal Portal], available at: http://jurconsult.net.ua/zakony/zakon_show. php?zakon_id=2327&dbname= laws_rus_2007 (accessed 19 ...
Euroregions as a factor of successful international integration in modern conditions
... abundance of Euroregions along the perimeter of certain states may be an indicator of economy's resilience to potential shocks. The provisions set forth in the article contribute to an improvement of the scientific understanding of political regionalistics and ... ... interrelated elements of macro-regional and national building. The results can be applied in the development of a conceptual and legal framework for the construction of cross-border political formations in the Post-Soviet space, especially, within the Eurasian ...
This article analyses provisions of the draft civil code on joint accounts. The authors focus on enforcement practices and justify the need for the legal regulation of this type of accounts.
1. Положение об эмиссии платежных карт и об операциях, совершаемых с их использованием (утв. Банком России 24.12.2004 г....
Particularities of the ratification of the European Fiscal Compact in Germany
This article analyses legal issues relating to the German ratification of the Treaty on Stability, Coordination and Governance in the Economic and Mon-etary ... ... Federal Consti-tutional Court of Germany on this issue. Special attention is paid to the need to implement some of the Treaty provisions as the core problem of the ratifica-tion process.
1. Treaty on Stability, Coordination and Governance in the Economic ...
Model Structure and Content of a Comprehensive Maritime Plan: the Case of Kaliningrad
... articulated in the Strategy for Marine Development of the Russian Federation until 2030. However, Russian legislation contains no provisions regulating this field. This article presents the results of a study aimed to devise a methodology for developing the ... ... developing maritime plans. The authors stress the need for legislative efforts aimed at integrating marine planning in the current legal framework for the regional authorities of different territorial levels. The structure and contents of the maritime plan ...
The principles of economic protection of the marine environment of the Baltic Sea
This article identifies the principles behind the international protection of the marine environment of the Baltic Sea. The author analyses their content and legal force on the basis of the provisions of the UN Convention on the Law of the Sea, international conference declaration, as well as the judicial practice of the International Court of Justice, International Tribunal for the Law of the Sea, and international commercial arbitration ...
The European Court of Justice case of Elgafaji: the interaction between EU law and international humanitarian law
... Federal Law" On the Status of Servicemen ", Article 32 of the Regulations on military service and
items 35 and 44 provisions on the appointment and payment of state benefits to citizens with children ", January 15, 2009, № 187-O-O], ... ... I-4135, available at: http://eur-lex. europa. eu (accessed 17 December 2010).
9. Warney, M., Birkinshaw, P. 2010, The European Legal Order after Lisbon, p. 223.
10. Ispolinov, A. S. 2010, Doktrina kosvennogo jeffekta (soglasovannoj interpretacii) v prave ...
Some Problems of Legal Treatment of Special Economic Zone in the Kaliningrad Region
The article analyses the controversial provisions of the Law on Special Economic Zone in the Kaliningrad region and requirements to the residents of the Special Economic Zone. The author points out some problems of the practical application of special entrepreneurship regime faced by the residents....
The legal issues of the exclusion from the register of the residents of the special economic zone in the Kaliningrad region
This article analyses the debatable legislative provisions concerning the exclusion from the register of the residents of the Special economic zone in the Kaliningrad region, the court practice regarding the implementation of investment policy statements by the residents and the exclusion of the latter ...
Problems and prospects of EU — Russia dialogue on visa-free travel
... historical overview of cooperation in this area and consider problems and prospects of visa liberalization from the economic, legal, and political perspectives. The analysis draws on primary sources such as the EU and Russia’s legislation, EU — Russia ... ... of the EU and Russia”, which is currently the main document in the visa dialogue. Having assessed the implementation of the provisions contained in the four blocks of the “Common Steps”, the authors draw conclusions about the political nature of ...
On the protection of the right of disabled people to transportation services
... the utmost importance to ensure equal access of people with various disabilities to transport. This article examines the rights of disabled people associated with the use of vehicles as well as the main problems pertaining to it. The author considers legal practices and the existing provisions for ensuring access to transport and suggests possible comprehensive solutions to the most serious problems in this area.
1. Конституция Российской Федерации: официальный текст. М., 2016.
Formalisation of cognition in a special proceeding trial
Criminal procedural cognition in special judicial proceedings is largely based on the provisions of the concept of formal (legal) evidence. The formalisation of evidence presupposes the availability of the necessary proofs and mandatory sources of evidence that create proper conditions for the implementation of the procedural norm of Chapter 40 of the Code of Criminal Procedure....
Writ and simplified proceedings in civil process: a comparative analysis
The article reveals the concept and features of writ and simplified proceedings in the civil process. A comparative analysis is carried out in the historical aspect of the development of institutions; in legal regulation; in 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 ...
The legal regime of information systems in Russian agriculture
... compare the information system with information and the information infrastructure and show that agriculture lacks a single information infrastructure. Further, I review existing classifications of information systems and the types of information provisions using such systems. I consider national and municipal information system as a means to provide state and municipal services and as a regulatory practice and examine the possibility of classifying information systems as a source of law.
The Concepts of “Appearance” and “Phenomenon” in Transcendental Philosophy (Kant, Husserl, Fink)
... of the human being which perceives something as Vorschein, implies an inherently open world. Following Fink, I analyse these provisions and examine, first, light as the metaphysical source of cognition, second, the human being as a special kind of being,... ... Transcendental, Immanent and Transcendent in the Theoretical Philosophy of Immanuel Kant. Historical, Philosophical, Political and Legal Sciences, Culturology and Art History. Issues of Theory and Practice, 3(65): in 2 Parts, Part 2, pp. 34-36.