The development of legal framework for Russia-EU relations: 2010 results
... nesostojatel'nosti
[Some aspects of European cross-border insolvency. In: Aktual'nye problemy sovershenstvovanija rossijskogo zakonodatel'stva i pravoprimenenija: materialy mezhdunarodnoj nauchno-prakticheskoj konferencii [Actual problems of the Russian legislation and enforcement],the International Scientific and Practical Conference] (Russia, Ufa, April 29, 2009), vol. 1, Gosudarstvenno-pravovye i mezhdunarodno-
pravovye problemy [Public legal and international legal issues], Ufa, pp. 161—163.
8....
Governor elections: An analysis of the federal and regional legislations
This article considers the improvement of the federal legislation on elections of the highest official of a constituent entity of the Russian Federation. The author analyses the legislation of the Kaliningrad region regulating the election of the governor of the Kaliningrad region. An analysis performed ...
The legal regulation of agricultural cooperation during the period of the Provisional Government and Soviet Russia
... 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 after the February Revolution of 1917 until the late 1920s — from expanding the democratic foundations of cooperative societies to the complete abolition of agricultural cooperation as a separate type of this socio-economic movement. The ...
Functions of the prosecutor's office of the Russian Federation in protecting the social rights of employees of healthcare institutions: theoretical and practical issues
... benefits. The authors introduce the results of the prosecutorial activity of the prosecutor’s office of St. Petersburg in protecting the rights of medical workers. The analysis covers as well the problems of legal regulation, the federal and regional legislation for the rights and legitimate interests of medical workers. The authors conclude that the proper attention given to the state of legality, the substantiation of theoretical and legal problems in such an important, relevant area today as the ...
The preventive function of the notary: topical issues
... 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 the legislation. The notary, as an institution of preventive justice, carries out pre-trial resolution of conflicts, ensures the rule of law and plays a huge role in the successful resolution of disputes without going to court, thereby facilitating their ...
Social code of the Kaliningrad Region in the system of legal regulation of social relations
... social relations. This issue is relevant due to the active social policy pursued by the state. This policy aims to develop social institutions and improve the quality of life of Russian citizens. The authors studied the state and coherence of social legislation in Russia and abroad. The correlation and regulatory features of different legal systems are analysed. Special attention was paid to the level of systematization of social legislation, its accessibility and the feasibility of its implementation....
Genesis of the concept of “unclaimed land share” in Russian legislation
The concept of “unclaimed land share” appeared and developed in Russian legislation due to the debatable nature of the legal nature and the ambiguity of the legal regime of the land share as a category of land law. The article provides a description of the theoretical and practical issues related to the genesis of the doctrinal ...
Some issues of the notary certified transactions
... general rules for transactions notarization, their features and interaction between the court and the notary public regarding the certification of transactions are investigated. The article analyzes the main provisions of the Fundamentals of the legislation of the Russian Federation on notaries, the Civil Code of the Russian Federation, the Civil Procedure Code of the Russian Federation, makes some suggestions for improving the legislation.
Notarial certification of transactions is primary ...
The history of the development of legal regulation of digital (Internet) space in Russia
... trends in the development of legal regulation of the digital (Internet) space in the Russian Federation. Particular attention is paid to the relationship between the development of technologies and 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 ...
Non-degree training of students under the new legislation on education, youth policy, and culture
This article considers the requirements for non-degree education of stu-dents contained in the current legislation regulating the activities of profes-sional education institutions. Based on the legislative provisions, the authors outline a system of modern non-degree education of students.
1. Государственная программа Российской ...
Legal regulation of extradition in Russia: the interplay between international and national provisions
This article analyses the theoretical provisions of international acts and domestic legislation regulating extradition and explores the interplay between international and national legal frameworks for extradition, focusing on a mechanism for safeguarding national interests within international treaties on extradition. The study follows ...
Some allocation issues of the principles of uncodified branches of law
... fundamental concept of each industry. The general legal principles enshrined in the Constitution of the Russian Federation are thought to directly apply both in codified and uncodified industries, regardless of whether they are duplicated in industry legislation or not. The article highlights a number of problems related to the allocation of the principles of uncodified branches of law. Firstly, it is rather unclear whether a particular legal entity is a specific branch of law or not. This is particularly ...
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 ...
Problems of legislative regulation of investigation activity on the Internet in countering extremism
... Information Technologies and the Information Security”, “On the Investigative Search activities” in the context of countering extremism. The article analyzes the technical and legal features of online investigation measures.
The author analyzes the legislation on the investigation measures on the Internet aiming at counteracting extremist. The difference of the operational-search measures "obtaining computer information" from other operational-search measures on the Internet is justified....
Legal regulation of activities in the Arctic in the context of sanctions
The article explores the sanction factor impact on the legislative framework regulating Russian and European joint economic activities in the Arctic. The fundamental documents on the joint projects with the European Union get analyzed in the context of the sanction factor. The paper focuses on changes ...
Parliament and law-making: modern understanding of the role of parliamentary procedures and laws in transforming society
... identified the reasons for a decrease in trust to parliaments, which no longer play a decisive role in the division of power, being forced aside by the executive authorities. Today the regulatory function of parliament is narrowed to the elaboration of legislation regulating, widely speaking, the standing of both individuals and corporations in all kinds of public relations. The author has proposed to focus the legislative activity of Parliament on the creation of basic norms and principles that outline ...
Public law entities and the theory of the subjects of law
... study the terminology and essential characteristics of legal entities in public law. The author considers the widely discussed problem of the juridical person as a legal fiction and explores it proceeding from the methodological assumption that Russian legislation recognizes the legal standing of the juridical person (public law entity). The author performed a comparative semantic analysis of the terminology and used a formal method of legal research revealing the constitutional foundations of the representational ...
The Legal Regulation of the EU Immigrant Integration Policy
In this article, I consider the legal aspects of the EU policy on the integration of immigrants into the host society. The current EU basic law does not give the Union the power to issue legislative acts aimed at harmonizing national rules for the integration of immigrants. However, in the aftermath of the migrant crisis in Europe, this problem has been receiving increased attention. I systematize legal instruments for immigrant integration,...
New stages of the excessive budget deficit procedure for the EU member states and the assessment of their effectiveness
The majority of EU member states, for which the excessive budget deficit procedure was introduced in 2009, managed to eliminate the deficit of their national budgets in September 2017. The EU started a reform of its subsidiary legislation in 2011 and introduced significant changes to the excessive budget deficit procedure. The article analyses the stages of the excessive budget deficit procedure, particularly those having new and much tougher requirements. The author describes ...
GMOs in agriculture: legal regulation and discussion
... admissibility/inadmissibility of GMOs in agriculture. The authors show that there is still no unanimous opinion of the effects produced by GMOs. Given the uncertainty, the ban on the use of genetic engineering in agriculture leads to the weakening of the role of legislation as a regulator of public relations. The authors suggest legal solutions to this problem striking a reasonable balance between the interests of business, society and state.
1. Информация о решении ЕСПЧ от 29.06.2010 ...
Justifiable defence: theory and judicial practice
This article discusses legal aspects of self-defence based on the Russian legislation and judicial practice data. The author proposes ways to optimise the legislation governing the citizens' right to self-defence against socially dangerous assaults.
1. Уголовный кодекс Российской Федерации ...
The role of constitutional courts in the mechanism of public authority responsibility in Russian regions
... in the Russian Federation. The author analyses possible participation of constitutional courts in providing a mechanism for legal responsibility of public authorities in regions of the Russian Federation. Attention is paid to the stages of regional legislation development and current trends. The author suggests avenues of legislation improvement.
1. Овсепян Ж. И. Становление конституционных и уставных судов в субъектах Российской ...
On transferability of highways
This article considers the transferability of highways in the system of objects of civil rights. Based on a differentiated approach, the author examines the transferability of highways in view of their purpose and permitted use in accordance with the legislation of the Russian Federation. Avenues of improvement of current highways legislation are suggested.
1. Андреев В. К. Вещь как объект гражданских прав // Гражданское право. 2014. № 1. С....
The official as a public officer
... considers the correlation between the definitions of the concept of ‘official’ given by the civil law and the Supreme Court of the Russian Federation. The author analyses relevant academic views and judicial practice and formulates proposals on the legislative foirmalisation of the characteristics of a public officer in view of the Supreme Court’s position
1. Бриллиантов А. В., Четвертакова Е. Ю. Должностное лицо в уголовном за¬конодательстве ...
Peasant’s personal land ownership during Stolypin’s reforms: Myths and reality
This article provides a legal analysis of personal ownership of estate, parcels of land in homestead villages, and fortified communal land in the village, which was acquired by peasants under the legislative acts of the agrarian reform. Based on a comparison of general civil and peasant legislation, the author emphasises the differences between personal ownership, which replaced the family ownership of a peasant homestead, from private ownership....
The transitological dimension of constitutional changes in the Slovak Republic
The transformation of constitutional legislation in post-Communist countries follows two models: "reconstruction" and "dismantling". The Czechoslovak experience of constitutional legislation transformation follows that of dismantling. One of the positive features of this ...
The unification of economic activity concepts in education: the legal aspect
This article analyses civil and educational legislation as to the use of concepts pertaining to economic activities in education. Special attention is paid to the concepts of economic, entrepreneurial, and profit generating activities, as well as the criteria of its implementation in the field ...
The legal aspects of community elimination during the Stolypin agrarian reform
... analyzing the legal nature of the farmstead and district land tenure formed through placing land in personal ownership, individual allotments, and complete division of rural lands into farmsteads and isolated land plots. It is shown that the reform legislation did not suggest legal discrimination of the community, which retained its administrative, economic, and land-related functions.
1. Вронский О. Г. Государственная власть России и крестьянская ...
The problems of legal regulation of relations pertaining to satisfying state requirements in the light of new legislation
... 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.
1. Борисов А. Н., Краев Н. А. Комментарий к федеральному закону от 21 июля ...
Legal regulation of civil liability of institutions
This article considers the features of regulating civil liability of institutions in view of the recent changes to the legislation and investigates the key issues regarding the application of civil liability to private, public, budgetary, and autonomous institutions. Special attention is paid to the general and specific features of civil liability relating to the use ...
Property Rights of Debtor as Object of Claim According to Legislation of the Russian Federation
The article considers some questions of civil and criminal executive legislation in terms of enforced collection of the debtor’s property rights, their subsequent realisation, and possibility of using some types of property right as objects of claim.
1.
Гуреев В.
А.
Проблемы правового ...
Legal Provision: General Theoretical and Criminal Aspects
The article analyses the concept of legal provision, its scientific typology, classification and correlation with legislative practice.
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Нетипичные нормативные предписания в ...
Conflict aspects of applying the current citizenship legislation of the Russian Federation
This article analyses contradictions in the application of citizenship legislation. As of today, the application of Part III Article 13 of the Law on citizenship of 1991 (recognition as a citizen) contradicts the letter of the law. The author makes proposals regarding the changes in such practice.
1.
Басик В.
Приобретение ...
Some problems of applying competition protection legislation to transactions related to the disposal of property of public and municipal unitary enterprises
This article analyses certain problems of legal regulation in the field of agreements on the disposal of property of public and municipal unitary enterprises. The authors consider the ways to improve the corresponding legislation.
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The Kantian Concept of Human Dignity Today
... Normativität. Zur Wirklichkeit und Wirkungsweise des praktischen Sollens. Münster: Mentis, pp. 213-229.
Kovler, A. I., 2019. The Constitution of Russia as a Comparative Project (To the History of the Constitution of the Russian Federation). Journal of Foreign Legislation and Comparative Law, 1, pp. 8-14. (In Rus.)
Kozlova, E. I. and Kutafin, O. E., 2001. Konstitucionnoe pravo Rossii. Uchebnik [Russian Constitutional Law. Textbook]. Moscow: Yurist. (In Rus.)
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Kant on Human Dignity: Autonomy, Humanity, and Human Rights
..., O., 2015. Kant on Human Dignity Reconsidered: A Reply to my Critics. Kant-Studien, 106(1), pp. 107-129.
Shaoping, G., Lin, Z., 2009. Human Dignity as a Right. Frontiers of Philosophy in China, 4(3), pp. 370-384.
Waldron, J., 1999. The Indignity of Legislation. In: J. Waldron, 1999. The Dignity of Legislation. Cambridge: Cambridge University Press, pp. 7-35.
Willaschek, M., 1998. Agency, Autonomy, and Moral Obligation. In: C. Fehige and U. Wessels, eds. Preferences. Berlin and New York: De Gruyter,...
Kant’s fundamental idea of state and law in Pushkin’s Boris Godunov
... — manifested itself in a work of art. This article sets out to prove the influence of Kant’s philosophical and legal ideas on A. S. Pushkin during the poet’s work on Boris Godunov. Kant’s thought that the people is the only monarch and that legislative power is vested in it in a rule-of-law state is the central idea of the tragedy. When working on Boris Godunov, Pushkin not only studied the Critique of Judgement but he also read Kant’s works on epistemological theory. In his tragedy, Pushkin ...
Kant and the Constitution of Russian Federation
... constitutionalism, state, education, family, culture.
Belov V.
51-59
10.5922/0207-6918-2014-3-4
[html]1. Barenbojm, P. D. 2009, Kant kak otez Konstituzii Rossii [Kant as father of the Constitution of Russia], Zakonodatel’stvo i ekonomika [The legislation and economics], Moscow,no. 9, pp. 5—9.2. Barenbojm, P. D. 2011, Konzepzija Sor’kina-Tancheva o sootnoshenii sovremennich doktrin verhovenstva prava i pravovogo gosudarstva [Conception of Zorkin-Tanchevabout the correlation of modern doctrines ...
Kant on evil in the human nature
... be necessarily interpreted as reason connected with good will. The consideration of this principle of Kant’s ethical theory concludes the article. The author makes an assumption that the creation of a moral world based on the principle of the free legislation of reason, which consists in that the criteria for the significance of provisions of such legislation is the possibility of transforming them into a universal law, is possible only under the condition that the notion of freedom as relating ...
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,...