Draft Federal Law Research Articles

Институт поверенных в гражданско-процессуальном законодательстве: содействие оптимизации судебного процесса или необоснованное дублирование функций?

Introduction. In the presented work, the authors investigated the main aspects of the reform of the procedural legislation initiated by the Supreme Court of the Russian Federation regarding the introduction of a new participant in the trial - the attorney. Purpose. The aim of the work is to identify the features of the legal status of such a participant in civil proceedings as an attorney within the framework of the institution of representation. Methodology. The work was performed on the basis of special methods of cognition, including historical and legal, logical, formally legal. Results. Based on the analysis of the results of the consideration of the draft Federal Law No. 383208-7 «On Amendments to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Code of Administrative Procedure of the Russian Federation and certain legislative acts of the Russian Federation», the appropriateness of the initiative to introduce a new member into civil proceedings is assessed - attorney. The relationship of this short story with the proposed increase in the requirements for the representative’s professionalism was analyzed, and its main advantages and disadvantages were highlighted. It is concluded that the benefit of introducing such a participant in the civil process as an attorney is more theoretical than practical, since this is due to the fact that the actions that the considered procedural figure (attorney) is authorized to perform can be performed by an ordinary representative without extra costs. At its core, an attorney is a kind of assistant to the representative, not able to independently participate in the trial and is dependent on both the principal and the representative. Conclusion. The material contained in the work is of interest for further scientific research on the problematic issues of the institution of representation in civil proceedings. Some conclusions can be used during lectures and seminars on the subject of civil procedure law.

A Right as an Object of Civil Law Relations in the Context of Digital Environment and Economy of Shared Consumption

At the moment, social and economic conditions of social development focus on shared consumption, which raises new issues of the legal regime of property rights, namely, rights (claims), options, digital rights, uncertificated and paperless securities. Uncertificated and paperless securities and digital rights have become an important stage in the information revolution, but their legal regime is ambiguous and undefined. An optional design was provided back in 2008 under the Concept of Development of Civil Legislation of the Russian Federation. Subsequently, it was included in the draft federal law on amendments to the Civil Code of the Russian Federation. Based on some provisions of the draft law, the Federal Law of March 8, 2015, on Amendments to Part One of the Civil Code of the Russian Federation in Art. 429.2 of the Civil Code of the Russian Federation set forth the option to make a contract and, in Art. 429.3 of the Civil Code of the Russian Federation, an option agreement was set forth. In the legal doctrine, the spread of ownership to property rights as “incorporeal things” caused a critical response. The legal regime of these objects in the context of specific legal regulation and judicial interpretation is ambiguous. The paper analyses the concept, legal nature, qualifying features of property rights, makes a proposal to introduce a unified legal regime in relation to these objects.

Organizational and legal models of international scientific and technical cooperation for the creation and operation of a global research infrastructure in the nuclear field

Legal science faces the urgent task of researching existing legal forms and models of international scientific and technical cooperation (ISTC) on the creation and use of global research infrastructure (GII) in the nuclear field, identifying their advantages and disadvantages, possibilities of application and adaptation to projects of the "megasience" class in Russia. The key factors for determining the legal aspects of the creation and use of GII are two factors: the organizational and legal formalization (the establishment of a separate independent entity or the use of existing "umbrella" legal structures) and what legal tools are used, what law is subordinate to the activity. В В В В В В В The organizational and legal model of the ISTC, both using existing international intergovernmental organizations of the framework type or legal entities, and by establishing special entities, can be schematically represented in the form of a four-level system. The advantage of using umbrella-type models in the nuclear field is the readiness of most of its tools and mechanisms, which only require adaptation to specific projects, and the possibility of implementing a significant number of projects. If it is necessary to ensure a clear equity participation of partners, financial obligations and a management structure dependent on them, then the appropriate form is the creation of a special project-type entity. Based on the "legal environment", the use of MMPO implies certain immunities and privileges, exemptions from the jurisdiction of the host State, etc. It is also important in modern conditions that it is more difficult to subject MMPO to politically motivated unilateral restrictive measures ("sanctions"). But the use of the construction of a legal entity can provide greater efficiency, flexibility and managerial cheapness of the process, especially since exceptions from national law can also be provided for them.The most successful seems to be the development of a special organizational and legal form mentioned in the draft federal law "On Scientific, Scientific, technical and innovative activities in the Russian Federation" - an international research organization.

Legal regulation of the work of tour guides, guides-interpreters and guides-instructors: the experience of the constituent entities if the Russian Federation and prospects for federal regulation

The subject of this research is the legal norms regulating the work of tour guides, guides-interpreters and guides-instructors in the Russian Federation. The author analyzes the positions of the Federal Law of 11.24.1996 No.132-FZ “On the Basics of Tourism in the Russian Federation” and draft Federal Law No.864169-7 “On Amendments to Separate Legislative Acts of the Russian Federation for the Purposes of Improving Legal Regulation of Tour guides, Guides-Interpreters and Guides-Instructors”, as well as regional normative legal acts, establishing requirements on mandatory of voluntary accreditation of these specialist in particular constituent entities if the Russian Federation. The author concludes that the systems existing in the separate constituent entities if the Russian Federation for accreditation of tour guides, guides-interpreters and guides-instructors require improvements. Solution of the problem is seen in organization of the work of the aforementioned subjects of the tourism industry by establishing uniform legal regulation on the federal level. The result of the analysis of the draft Federal Law No.864169-7 produced a number of proposals aimed at improving separate aspect of legal regulation of the work tour guides, guides-interpreters and guides-instructor.

Environmental and legal problems of ensuring biological safety in the Arctic zone of the Russian Federation

The article is devoted to the study of modern theoretical and legal problems of ensuring biological security in the Arctic zone of the Russian Federation. The published Draft of Federal law No. 850485-7“On biological security of the Russian Federation”provides an opportunity to take a closer look at the problem of legal provision of biological security in relation to the most vulnerable ecosystems, and, first of all, the Arctic. The article considers the most important features and potential risks of the Arctic zone of the Russian Federation of critical importance from the point of view of biological hazards, the features (specificity) of biological safety problems from the point of view of organizational-legal features and, in particular, from the perspective of environmental law. It is proved that, given the special situation of the Arctic zone of the Russian Federation, in addition to the base Federal law“About biological safety” required a specific law on biological and ecological safety of the Arctic zone of the Russian Federation, which should be generated on a slightly different model than the draft Federal law «On biological safety”, to wear the most specific, applied nature.

Досудебная процедура рассмотрения разногласий и споров, возникающих при установлении регулируемых тарифов (цен)

The article considers the current pre-trial (extrajudicial) procedure for considering disputes and disagreements arising from the tariff setting. Several provisions of the draft Federal Law «On the Fundamentals of State Regulation of Prices (Tariffs)» prepared by the Federal Antimonopoly Service of Russia are analyzed, and the relevant amendments to this draft, as well as to the Code of Administrative Proceedings of the Russian Federation, are proposed. The article substantiates the expediency of legislative establishment of the obligatory pre-trial procedure for the consideration of cases on contestation of regulatory legal acts establishing tariffs (prices) by specialized departments of the Federal Antimonopoly Service of Russia.

Back to the issue of domestic violence

Opinion of November 7, 2019 on the draft federal law “On the Basics of the Prevention of Domestic Violence System in the Russian Federation” as amended on October 10, 2019.

State and Municipal Property: Analysis of the Draft Law

The paper has analized the draft Federal Law “On State and Municipal Property” placed on the federal portal of draft normative legal acts for public hearing. The authors have presented their understanding of the need to develop and adopt the draft law in question, a retrospective into the history of the problem has been undertaken. Attention is drawn to the doctrinal position and constitutional basis of adoption of this act, as well as its inclusion into the number of strategic document, namely, “The main directions of activity of the Government of the Russian Federation for the period until 2024.” The general characteristics of the draft law are given, some comments on its provisions are made. It is concluded that the adoption of the Federal Law “On State and Municipal Property” will contribute to improving the efficiency of management and disposal of state and municipal property and consolidation of the property basis of the Russian State.

Back to the issue of domestic violence

Opinion of November 7, 2019 on the draft federal law “On the Basics of the Prevention of Domestic Violence System in the Russian Federation” as amended on October 10, 2019.

ВОСПИТАНИЕ В СОВРЕМЕННЫХ СОЦИОКУЛЬТУРНЫХ УСЛОВИЯХ: НОВЫЕ ВЫЗОВЫ, ВОЗМОЖНОСТИ, ОТВЕТСТВЕННОСТЬ

The problem of upbringing in modern socio-cultural conditions is very significant and relevant. Modern reality has a significant positive educational potential, creates a new space for personality development, self-determination, self-organization and self-realization. The transformations in modern Russia, the preparation of a new generation of russians who are able to successfully carry out these transformations in the interests of the individual, society and the state, overcoming numerous manifestations of lack of spirituality in children and youth require an increase in the role of education in educational organizations as a social institution. In this regard, this article deals with new approaches to the organization of educational activities in the education system. The article notes that in modern socio-cultural conditions, education should be focused on achieving two interrelated goals: the success of socialization of the younger generations in modern conditions and self-development of a person as a subject of activity, as a person and as an individual. Education is viewed as a pedagogically organized and purposeful process of personality development, the process of mastering and accepting values, moral attitudes and moral norms of society. The main content of education is to ensure the process of socialization and self-development of a young person on the basis of technologies and means of pedagogical assistance, support and accompaniment. The article also takes into account the fact that in connection with the legislative initiative of the President of the Russian Federation V.V. Putin of May 21, 2020 on the draft federal law "On amendments to the federal law" On education in the Russian Federation " the appeal, first of all, to the problem of upbringing in the education system acquires special relevance. Thus, there is a conscious need of the state to restore the upbringing function of education and in its new understanding. The material is revealed on the basis of a systematic approach to education, where the child is the main subject.

ЭКОНОМИКА ЗНАНИЙ И РЕГУЛЯТОРНАЯ ГИЛЬОТИНА

Last summer's parliamentary hearings “On measures to improve the quality of education in the Russian Federation” largely addressed the issues of reducing accountability and bureaucratic burden, reducing excessive control over the activities of teachers and heads of educational organizations. This resulted in an active discussion in the expert community of amendments to the draft Federal law on amendments to the relevant articles of the Federal law “On education in the Russian Federation”, as well as a discussion that is currently unfolding about the current problems of bureaucratization in the field of education and science, which this article is dedicated to.

Анализ проекта «О внесении изменений в отдельные законодательные акты Российской Федерации для обеспечения потерпевшему, подозреваемому, обвиняемому возможности примирения»

The problem of legislative regulation of the procedure for reconciliation of the victim with the suspected, the accused until a certain time was only a subject of discussion in the scientific literature. At the same time the state’s need to find measures that can eliminate the consequences of crimes without the use of ordinary criminal procedures has actualized the work on introducing alternative methods of settling the criminal-legal conflict into criminal proceedings. Given the urgent need to apply this procedure in practice, the Interregional Public Center “Judicial and Legal Reform” has developed and posted on its website a draft federal law “On Amendments to Certain Legislative Acts of the Russian Federation to Provide the Victim, Suspect, and Accused with the Possibility of Reconciliation.” To implement the procedure for reconciliation in criminal proceedings, the drafters of the bill propose to include a new chapter in the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the Criminal Procedure Code of the Russian Federation). The author of the article critically evaluates the attempt due to the inconsistency of a number of novels, their uncertainty and inconsistency with the norms of the criminal procedure law. To eliminate the existing shortcomings, it is proposed to provide a separate article defining the procedural status of the conciliator and to include the specified rule in Ch. 8 of the Criminal Procedure Code of the Russian Federation. As a guarantee of the right of the victim, suspect, accused to reconciliation, the introduction of an appropriate addition to the criminal procedure norms governing the legal status of the named participants in criminal proceedings is considered.

Правотворчество и его элементы: попытки нормативного закрепления в едином законе

The article examines the essence of the lawmaking process, differentiates the concept of lawmaking with the terms of lawmaking and legislative processes, examines the prerequisites for the creation of the draft Federal law «On normative legal acts in the Russian Federation», and also revealed the need for this regulatory legal act in the territory of the Russian Federation

Уголовный проступок и несовершеннолетние: анализ положений проекта федерального закона № 612292-7 «О внесении изменений в Уголовный кодекс Российской Федерации и Уголовно-процессуальный кодекс Российской Федерации в связи с введением понятия уголовного проступка»

Уголовный проступок и несовершеннолетние: анализ положений проекта федерального закона № 612292-7 «О внесении изменений в Уголовный кодекс Российской Федерации и Уголовно-процессуальный кодекс Российской Федерации в связи с введением понятия уголовного проступка»

SPECIAL PROCEDURE OF THE TRIAL WITH THE CONSENT OF THE ACCUSED TO THE CHARGE: PROBLEMS OF APPLICATION IN A NUMBER OF CASES

The article considers the problem related with the application of a special procedure for the trial in a number of cases. Its urgency is determined by the introduction in the State Duma of the Federal Assembly of the Russian Federation by the Supreme Court of the Russian Federation of the draft Federal Law № 690652-7, which proposes to apply the simplified procedure provided for in Chapter 40 of the Criminal Procedure Code of Russian Federation only in cases of crimes of petty and medium gravity. The Prosecutor General of the Russian Federation supports the initiative of the Supreme Court of the Russian Federation. The article analyzes the provisions of bills introduced over the past seventeen years in the State Duma of the Federal Assembly of the Russian Federation, which proposed both narrowing down and expanding the range of application for the special procedure of trial in a number of cases, the opinion of law enforcement officers and scientists on this issue; methods used by prosecutors and public prosecutors in order to reduce the percentage of application of procedure provided for in Chapter 40 of the Criminal Procedure Code of the Russian Federation; the judges attitude to this position of state representatives on the side of prosecution. The author concludes that the initiative of the Supreme Court of the Russian Federation only aims to reduce the number of sentences decided in a special order and has nothing to do with protecting persons accused of serious crimes. The authors conclusions are based on analysis of the results of research of criminal cases, which were prosecuted in a general procedure instead of a special one, a survey of judges and prosecutors and illustrated with specific examples. It is proposed that formulation of Part 1 of Article 314 of the Criminal Procedure Code of the Russian Federation should be kept so far as it relates to the range of cases in which a sentence may be judged in a special order.

National Project Budgeting in Conditions of Their Low Cash Execution

An analysis of changes in the structure and volume of budget expenditure earmarked for implementation of national projects in the framework of the draft Federal Law on the Federal Budget for 2020 and the 2021 and 2022 Planning Period has revealed some positive trends that point to an increase in the corresponding federal budget expenditure targets. At the same time, in connection with the insufficient cash execution of the budget expenditure allocated in 2019 to the implementation of some of the ongoing national projects, a number of questions have arisen. The first one is that the increased amount of budget expenditure allocated in 2019 to national projects with a low level of budget expenditure implementation gives rise to some increased risks associated with formal approached to implementing the measures planned for the next years. The second one has to do with a lack of proper balance in the distribution of budget expenditure: the amount of expenditure allocated to some of the ongoing national projects appears to be insufficient, if we give consideration to their importance. The third one is that growth of expenditure earmarked for some national projects occurs alongside a corresponding shrinkage of allocations to the other projects, and this happens in absence of proper coordination of long-term funding priorities by means of project- and program-based instruments.

Примирительные процедуры в России: новеллы процессуальной реформы в России: новеллы процессуальной реформы

Introduction. In the present work, the authors investigated the main aspects of the reform of procedural legislation initiated by the Supreme Court of the Russian Federation concerning changes in the legal regulation of the use of conciliation procedures in resolving legal conflicts. Until recently, Russian legislation did not have a regulated list of conciliation procedures. Purpose. The aim of the work is to identify the features and place of conciliation procedures in the institute of alternative ways to resolve legal conflict. Methodology. The work was performed on the basis of special methods of knowledge, including historical, legal, logical, and formally legal. Results. The paper analyzes the results of consideration of the draft Federal Law No. 421600-7 “On Amendments to Certain Legislative Acts of the Russian Federation Due to Improving Conciliation Procedures” in the first reading by the State Duma of the Russian Federation, taking into account the opinion of the relevant committee of the State Duma of the Russian Federation on state construction and legislation which caused a wide resonance in the Russian legal community. It is concluded that the world experience in applying reconciliation procedures, indicating a positive dynamic in the peaceful resolution of legal disputes, is also spreading within the framework of the Russian legal system. In the framework of the Russian judicial procedure, two fundamental conciliation procedures were consolidated – the mediation procedure and the judicial conciliation procedure. The introduction of special subjects (intermediaries) as judicial conciliators for the settlement of disputes in court is aimed at reducing the workload of judges, its concise and effective distribution. Conclusion. The material contained in the work is of interest for further research on the problems of alternative ways of resolving a legal conflict, can be used when giving lectures and conducting practical training in the course of the civil process

Concept, Features and Legal Nature of Global Research Infrastructure

The term “unique scientific installation of the mega-science class” has firmly entered the circulation of legal acts of a program nature, which makes it necessary to study it from a legal point of view, to determine the relationship of this concept with the widely recognized term “global research infrastructure”. Based on the analysis of legal acts, program documents and doctrinal sources, two key features of “unique scientific installations of the mega-science class” can be distinguished: large scale (physical, financial, technological) and special significance for science, which allows for a certain breakthrough in a particular field of knowledge. The study of the essence of global research infrastructures suggests the following definition. It is constructed and operated through international cooperation (collaboration) of states, international organizations and other actors that do not have an international legal personality (government agencies, scientific institutions, funding institutions), physically large, expensive, unique in terms of technical characteristics equipment sets intended for long-term scientific research aimed at obtaining new breakthrough knowledge, significantly supplementing or changing ideas about the reality. Domestic term “unique scientific installation of “mega-science” (international) class” has the longest match with such global research infrastructure as geographically localized (single-sited) major research infrastructure. In order to bring legal terminology on “mega-science” into line with the global one, amendments should be made to the draft federal law “On Scientific, Scientific and Technical and Innovative Activities”.

FORMATION OF THE MARKET OF DIGITAL FINANCIAL ASSETS IN THE RUSSIAN FEDERATION

The main prerequisites for introducing digital assets into the Russian practice, contributing to the development of digital financial relations, have been identified. The necessity of settling the category of “digital financial assets” at the level of legislation has been justified. The draft Federal Law “On Digital Financial Assets” has been analyzed in order to reveal the main points of implementation of activity in this area in the Russian conditions. The adoption of regulatory acts in the field of regulation of digital financial assets will provide a synergistic effect from digitalization processes.

REGARDING THE ISSUE OF LEGISLATIVE ATTACHMENT OF THE PRESUMPTION OF THE POLICE TRUST (FOREIGN EXPERIENCE)

The article is devoted to studying the problem of the expediency of legislative consolidation of the presumption of police trust (on the part of the state), proposed in draft federal law No. 828616-6 «On Amendments to the Federal Law «On Police» and certain legislative acts of the Russian Federation». The study and comparative legal analysis of regulatory documents governing the police activities of a number of countries did not reveal the legal presumption of police trust in the legal systems of these states. Legal aspects of the institution of police trust in foreign countries are revealed both in regulatory documents and in scientific discourse, primarily in the sense of the basic principle, criterion and factor of the effectiveness of the police.