Legal regulation of extradition in Russia: the interplay between international and national provisions
... generalisation and general logical methods. The investigation of mechanisms for defending national interests when applying extradition norms made it possible to identify specific regulation problems. Factors hindering more effective implementation of the said provisions include their complexity, multi-level nature, insufficient legal regulation, the lack of bilateral treaties and the influence of national political dynamics on the implementation of international obligations. Analysing relevant legal norms and research perspectives leads to several conclusions. Firstly, there ...
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 ...
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 ...
The legal regulation of agricultural cooperation during the period of the Provisional Government and Soviet Russia
The study examines the transformation of the legal status of agricultural cooperatives in Russia from the period when the Provisional Government came to power to 1929, the period when this type of cooperation was liquidated as a separate entity. The study demonstrates changes in cooperative legislation ...
Problems of legislative regulation of investigation activity on the Internet in countering extremism
In the current article, the author explores the legal basis for investigation activities on Internet, paying particular attention to the provisions set forth in the Federal Laws “On Communications,” “On Information, Information Technologies and the Information Security”, “On the Investigative Search activities” in the context of countering extremism. The article analyzes ...
Legal Provision: General Theoretical and Criminal Aspects
The article analyses the concept of legal provision, its scientific typology, classification and correlation with legislative practice.
1.
Алексеев С.
С.
Общая теория права: в 2 т. Т.
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Горшенев В.
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The history of the development of legal regulation of digital (Internet) space in Russia
... their involvement in economic turnover with the level of legislative regulation. The purpose of the research is to identify the main patterns of Russian law-making activity. The following methods were used as the methodological basis of the research: legal hermeneutics, used to reveal the main provisions of the legislation; historical-critical, used to display cause-and-effect relationships in the development of the legal regulation system. Results: The prerequisites for the emergence of legal regulation of the digital (Internet) space in Russia ...
Cultural heritage protection in Russia and Germany: challenges and solutions
... 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 and put into modern use a significant number of cultural heritage objects. This experience ...
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 ...
New stages of the excessive budget deficit procedure for the EU member states and the assessment of their effectiveness
... 1—130. URL:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:C:1992:224:FULL&from=EN
(дата обращения: 01.10.2017).
3. Regulation (EU) No 473/2013 of the European Parliament and of the Council of 21 May 2013 on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area // Official Journal of the European Union. 2013. Vol. 56. L140. P. 11—23. URL:
http://data.europa.eu/eli/reg/2013/473/oj
...
Heritage aspect of personal insurance
The relevance of the presented study lies in the active process of reforming domestic civil legislation, and in particular, the rules of insurance. A number of proposals for changing the current legal regulation, formulated in the Concept for the Development of the Provisions of Part Two of the Civil Code of the Russian Federation on Insurance Contracts, naturally need a thorough doctrinal assessment. Such proposals also include the hereditary aspect of personal insurance highlighted in the Concept (paragraph ...
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, ...
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 Kantian Concept of Human Dignity Today
... doctrines, and in legal documents. While in ordinary life dignity is increasingly reduced to access to material benefits, in its legal sense — above all in the 1993 Constitution of the Russian Federation — anti-communist ideology has turned it into the ... ... interpretations of human dignity lead to a dead end, creating problems for its perception and for its relationship to other constitutional provisions — problems that are impossible to resolve in the framework of such an interpretation of right. By turning to Kant,...
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 ...
“My statement was lost in the depths of the People's Commissariat of Education”: petitions and intercessions for personal pension provision of Vera Uspenskaya, the daughter of Gleb Uspensky
... solution of her pension problems. Given the documents from the personal pension file of Vera Uspenskaya, one can see that in the legally established three-step procedure for the pre-war establishment and further increase of personal pensions of republican ... ... in, based on the principle of personal merit.
Zhirkova M.A., Kapustina O.V.
Gleb Uspensky, descendants, personal pension provision, services to the state, petition, author's fee
64-79
10.5922/sikbfu-2023-2-7
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 ...
A reasonable period of trial in a criminal case
... modeling. Moreover, the application of methods of analysis and synthesis of information, comparative legal analysis, and formal legal approaches allowed the author to reach reliable conclusions. The research established that failure to adhere to reasonable ... ... rights and legitimate interests is only possible when reasonable time limits in criminal procedure are observed. Based on the provisions related to compensation for violations of the principle of reasonable timeframes during court proceedings, a conclusion ...
On the role of the results of operational search activities in contemporary criminal proceedings
... author aims to establish the reasons for the skeptical attitude of process scientists to the ORD results and substantiates the provisions on the leading role of the court, the prosecutor’s office as independent guarantors of human rights and a citizen ... ... of individual ORM. 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,...
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 ... ... РФ. 1996. № 25. Ст. 2954.
Sungurova E. D.
health protection, medical massage, cosmetological massage, harm to health, provision of services that do not meet safety requirements
16-23
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 ...
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 ...
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 ...
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 ...
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 ...
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....
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 ...
Institution of criminal proceedings for economic offences
At present, provisions of the law about an institution of criminal proceedings in the economic sphere are controversial. The order of criminal ... ... private-public prosecution to develop a single clear procedure for initiating these cases.
Mezhenina E.V.
economic crimes, legal proceedings, law, jurisprudence, economics
14-24
10.5922/sikbfu-2023-2-2
The preventive function of the notary: topical issues
The article analyzes the preventive function of the notary, defines the concept and place of the notary in the Russian legal system and among the bodies of civil jurisdiction, reveals the issues of notarial mediation, makes some proposals for improving ... ... legislation on notaries, namely, Art. 1 of the Fundamentals of the legislation of the Russian Federation on the notary, the provision that the main purpose of the notary is to prevent offenses by performing notarial acts, provided for in Art. 35 Fundamentals....
The concept of extreme necessity in the crime qualified by Article 199.2 of the Criminal Code of the Russian Federation
In this article, the author examines the actual issue of applying provisions of an extreme necessity to actions containing signs of a crime under Article 199.2 of the Criminal Code of the Russian ... ... problem under consideration. Methodologically, the study relies on general scientific methods, as well as the method of formal legal analysis. The purpose is to identify existing gaps of a theoretical and practical nature and to propose possible ways to ...
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.
...
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 ...
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.
2. ...
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....