scholarly journals Debatable Issues of Law Enforcement Practice on Reducing the Penalty by the Court in Accordance with Article 333 of the Civil Code of the Russian Federation

2021 ◽  
Vol 2021 (3) ◽  
pp. 244-250
Author(s):  
Ekaterina Abakumova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Code ◽  
Practical Implementation ◽  
Scientific Methods ◽  
System Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Russian Federation ◽  
Legal Understanding

This study is an attempt to draw a theoretical and legal understanding of law enforcement practice to reduce the penalty in court. The research was based on the comparative legal, statistical, historical, and general scientific methods of cognition (system method, analysis and synthesis, logic, etc.). The author analyzed doctrinal ideas regarding the legal nature of penalty. The study revealed controversial conceptual and theoretical issues related to this legal institution that are of fundamental importance for its practical implementation. A retrospective analysis of the law enforcement practice under Article 333 of the Civil Code of the Russian Federation demonstrated a need for a wider recognition of the penalty function, not only in civil law, but also in tax relations.

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 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 CONSTITUTIONAL AND LEGAL ASPECT OF THE LEGAL EXPERIMENT OF MIGRATION REGULATION IN THE RUSSIAN FEDERATION AND GERMANY

2019 ◽  
Vol 7 (5) ◽  
pp. 1031-1034
Author(s):  
Marina V. Markhgeym ◽  
Alevtina E. Novikova ◽  
Evgeniy E. Tonkov ◽  
Vladimir I. Yevtushenko ◽  
Goar G. Zagaynova
Keyword(s):  
Russian Federation ◽  
Scientific Knowledge ◽  
Legal Aspect ◽  
German Law ◽  
Migration Policy ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
General Scientific ◽  
The Russian Federation

Purpose: The article is devoted to the study of the features of the migration policy implemented in the Russian Federation as a kind of legal experiment. Methodology: The methodological basis of the study was a set of the following methods of scientific knowledge – General scientific methods (analysis and synthesis), private scientific methods (formal legal and comparative legal). Result: The author analyzes normative acts, including by-laws of both the Russian Federation and its constituent territories. The analysis of the existing regulatory normative approaches to the regulation of migration in Germany is also given. At the same time, the author offers his vision of the possible implementation of German law in the Russian Federation. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Constitutional and Legal Aspect of the Legal Experiment of Migration Regulation in the Russian Federation and Germany is presented in a comprehensive and complete manner.

scholarly journals Retail Investment Financing Via Remote Digital Computer Algorithm

Legal Concept ◽  
2021 ◽  
pp. 150-158
Author(s):  
Denis Matytsin
Keyword(s):  
Russian Federation ◽  
Digital Computer ◽  
Civil Code ◽  
The Internet ◽  
Federal Law ◽  
Scientific Methods ◽  
Investment Financing ◽  
Wide Range ◽  
General Scientific ◽  
The Russian Federation

Introduction: in the paper, the author examines the activities of the Russian legislators on the formation of the legal regulation of the investment segment of the economy in order to identify their mistakes and shortcomings, as well as to justify the recommendations for fixing viable legal structures in the legislation. Such legitimate structures could be used by a wide range of individual investors-individuals – as part of their decision to diversify monetary investments in order to increase household savings for a period of 1 year or more. Methodology: the digital computer algorithms of inter-network interaction for placement and attraction of investments, their speed and independence from distance are perceived by entrepreneurs with great hope for success and attract more and more attention from investors. According to the author of the paper, by 2024, the financial digital technologies can replace up to 38% of traditional banking and payment transactions, up to 32% of insurance transactions, transactions for financing foreign trade transactions, and transactions for asset management. Based on the materialist worldview, the universal method of historical materialism, the author used the general scientific and specific scientific methods for the study, which made it possible to implement a systematic approach to the subject of research. The general scientific methods of cognition are applied: the dialectical, hypothetical-deductive methods, generalization, induction and deduction, analysis and synthesis, empirical description. The research also uses the specific scientific methods: dogmatic, comparative-legal, hermeneutic, structural-functional, etc. The scientific development of the material is carried out on the basis of a set of normative and doctrinal sources. The paper uses the federal laws and other normative acts of the Russian Federation. Federal Law No. 259-FZ of August 2, 2019 “On Attracting Investments Using Investment Platforms and on Amendments to Certain Legislative Acts of the Russian Federation”, Draft Federal Law No. 419090-7 “On Alternative Methods of Attracting Investments (Crowdfunding)”, and certain provisions of the Civil Code of the Russian Federation were studied. Draft Law No. 419059-7 “On Digital Financial Assets” of March 20, 2018, and Federal Law No. 34-FZ of March 18, 2019 “On Amendments to Parts One, Two, and Article 1124 of Part Three of the Civil Code of the Russian Federation” were critically analyzed. The doctrinal sources are represented by the scientific publications of the Russian legal scholars and economists, including: A.O. Inshakova, A.E. Kalinina, A.I. Goncharov, M.V. Goncharova, O.P. Kazachenok, E.E. Frolova, etc. Results: the Internet investing provides an opportunity to obtain funding for the implementation of a publicly announced project relatively quickly and without bureaucratization. The absence of the geographical and distance restrictions is a special advantage of investing on the Internet platforms, compared to other tools for raising capital from a wide range of investors, including individuals. This remote Internet algorithm for retail investment financing allows you to attract capital at a price that corresponds to the profitability of projects and, as a rule, is lower than the average bank interest rate for a loan. Conclusions: the conclusions and assessments on the content of the new Russian legislation are formulated. Based on the critical analysis of the scientific works of the economists and lawyers, the authors formulate the definitions of a special algorithm for remote investments from a wide range of subjects, as well as the tools for remote interaction of investors and investment organizers in the Internet space of modern Russia.

scholarly journals Particular characteristics of recidivism of foreign criminals subjected to conviction in Russia

2021 ◽  
Vol 108 ◽  
pp. 02018
Author(s):  
Leonid Vitalievich Smirnov ◽  
Valentin Stanislavovich Kharlamov
Keyword(s):  
Russian Federation ◽  
Research Problem ◽  
Synthesis Methods ◽  
Recidivism Rate ◽  
Scientific Methods ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Russian Federation ◽  
Age Range

Russia is attractive to foreign citizens not only for its originality which lies in the beauty of people and nature or in the presence of unique attractions. They are also attracted by the possibility of doing work and business. However, not all foreign citizens are law-abiding. Some of their representatives are distinguished by illegal behavior. It happens that noncitizens of Russia commit crimes. Purpose of the research: to consider the state, structure and dynamics of crimes of foreign citizens in the Russian Federation; to work out the categories of crimes for which they are convicted; to give information about representatives of foreign countries dominating places of imprisonment; to assess the nature of the repetition of crimes committed in Russia by foreign immigrants; to reveal their age range and give information about the commission of repeated crimes in Russia by foreigners who have served their sentences in domestic correction facilities. Methods: the work based on a systematic approach widely uses general scientific and specific scientific methods. General scientific methods, such as logical, structural-functional, analysis and synthesis methods, made it possible to identify the features of the foreigners’ recidivism risk in Russia. Modern criminological concepts based on such specific scientific methods as the method of interpretation and the methods of interpreting documents have successfully fostered the development of the research problem. Main results: the research made it possible to assess the nature of “foreign crime” in the Russian Federation and the recidivism rate of foreign immigrants. Novelty: the research shows the contingent of foreign citizens serving sentences in Russian correction facilities and differentiated by categories of crimes; it also presents their criminological features, reveals the post-penitentiary recidivism of foreign immigrants, it gives a comparative assessment of foreigners’ repeated crimes in Russia and at home.

Modernizing the lending facility under concession agreements

2020 ◽  
Vol 26 (7) ◽  
pp. 1590-1609
Author(s):  
V.A. Rakhaev
Keyword(s):  
Financial Structure ◽  
Bank Lending ◽  
Early Termination ◽  
Scientific Methods ◽  
Financial Condition ◽  
Revenue Collection ◽  
Analysis And Synthesis ◽  
Financing Mechanism ◽  
General Scientific ◽  
The Russian Federation

Subject. The article addresses modernization of lending facilities under concession agreements. It is important for evaluating the terms of credit transactions, effectiveness of credit projects, and the concessionaire's ability to repay the loan. Objectives. The purpose is to review the current financing mechanism and underpin approaches to improving the credit facilities within concession agreements. Methods. The study rests on general scientific methods, like the systems and logical analysis and synthesis, principles of induction and deduction, financial calculation techniques. The analytical part employs the balance method, methods of financial coefficients and the method of technical and economic estimates. Results. I analyzed the financial structure and special characteristics of concession agreements, parameters of concessionaires’ activities; considered the types of risks inherent in bank lending under concession agreements, methods for their identification and mitigation; offered a mechanism of lending, including the structure of credit transactions, restrictions for the financial condition of concessionaires, additional requirements and penalties for their non-fulfillment. The findings can help banks define lending parameters for concession agreements. The provided recommendations may be useful for consideration by the authorities of the constituent entities of the Russian Federation. Conclusions. It is possible to reduce the risks of lending under concession contracts, if their terms and conditions are stable, and if the lost income of concessionaires is compensated in the event of early termination. Reasonable tariffs for works and services and increased revenue collection will promote this type of lending.

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 Treasury Control of Budget Expenditures of the Russian Federation Constituent Entities: Practice and Optimization Opportunities.

2021 ◽  
Vol 27 (8) ◽  
pp. 1894-1910
Author(s):  
Marzhinat I. KANKULOVA ◽  
Sabina Z. OSMANOVA
Keyword(s):  
Russian Federation ◽  
Business Processes ◽  
Practical Interest ◽  
Budget Process ◽  
Labor Costs ◽  
Analysis And Synthesis ◽  
Automated Information System ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

Subject. This article examines the business processes of treasury control in the course of authorizing budget expenditures of the subject of the Russian Federation. Objectives. The article aims to develop recommendations for improving the business processes of treasury execution of budget expenditures of the subject of the Russian Federation. Methods. For the study, we used the methods of formalization, analysis and synthesis, induction and deduction, comparison, observation, and other general scientific theoretical and empirical research methods. Results. The article identifies reserves for increasing the potential of treasury control of the financial body of the Russian Federation subject by modifying the functionality of the budget process automated information system. It offers recommendations to increase the number of transactions for which extensive documentary control is carried out, while reducing the labor costs for performing the same type of current operations. Conclusions and Relevance. The proposals to optimize treasury control are in line with the solution of common tasks for the development of modern technologies for budget execution based on digitalization and automation of budget procedures. The results obtained may be of practical interest to the financial authorities of the Russian Federation constituent entities (municipalities) that implement their budgets independently through the current budget account opened at the Federal Treasury.

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 The instruments for combating shadow economy in the Russian Federation

2021 ◽  
pp. 22-32
Author(s):  
Eka Ermakova
Keyword(s):  
Russian Federation ◽  
Shadow Economy ◽  
Practical Experience ◽  
Legal Framework ◽  
Scientific Methods ◽  
Research Systems ◽  
Analysis And Synthesis ◽  
Effective System ◽  
Computer Based ◽  
The Russian Federation

This article substantiates the need for the development and application of the additional instruments for combating shadow economy in the Russian Federation. The object of this research is the measures for combating shadow economy, while the subject is the related punitive and preventive instruments. The research methodology employs the general scientific methods (scientific abstraction, unity of historical and logical, analysis and synthesis, induction and deduction, comparison and analogy); systemic and comprehensive approach; official statistical data, normative legal acts, works of the leading researchers dedicated to the problems of expansion of shadow economy, computer-based legal research systems Garant and ConsultantPlus. The study of the normative legal framework and scientific writings of the leading scholars, as well as the analysis of practical experience of the Russian Federation in combating shadow economy allowed making the following conclusions: the effective system of combating shadow economic processes should be built on all levels of governance: micro, meso and macro; at the same time, each of these levels should be able to apply both punitive and preventive instruments that encourage the actors to engage in legal activity. In recent years, Russia largely implements preventive methods for combating shadow economy. However, the rate of shadow economy in the country remains high (33% of GDP), which thwarts the economic development.

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