Russian Legislation Research Articles

Forms of public participation in local self-government: Argentina’s experience in the context of reforming the Russian legislation

In the context of the ongoing municipal reform in Russia, improving the mechanisms of public participation in municipal governance should become one of the priority areas. This circumstance raises the issue of a comprehensive study of relevant foreign experience. This article examines the regional legislation of Argentina in terms of regulating the forms of participation of the population in the implementation of local self-government. The author provides a comprehensive systematic study of the legal framework for ensuring public participation in the implementation of local self-government in Argentina. The article puts emphasis on such forms of participation forms, as elections, referendums, recall of elected officials, participation of the population in the discussion of various issues through the use of various mechanisms, and the creation of decentralized territorial entities. Based on a combination of comparative legal and comprehensive research methods, the author concludes that certain mechanisms for involving the population in decision-making at the local level can be considered within the framework of the Russian legal order. Attention is drawn to improving the procedure for recalling elected officials, increasing the degree of population participation in reforming the territorial foundations of the organization of municipal government, ensuring the participation of residents of individual localities in the implementation of local self-government during the consolidation of municipalities, and the institutionalization of local communities. An analysis of the Argentine experience in this part can serve as an aid for improving Russian legislation.

Институт смертной казни как показатель взаимодействия государства, права и личности

The article examines the problems concerning the institution of the death penalty from the perspective of the state performing its protective function to protect human rights. The genesis of this punitive institution in Russian legislation is being investigated. The ambiguity of the attitude of the public and the legislator towards the death penalty is noted, as well as the uncertainty of the latter remaining to this day regarding its availability in the arsenal of criminal penalties. Doubts are expressed about the effectiveness of the death penalty as a deterrent and crime prevention measure.

The Influence of Administrative Legal Acts on the Establishment of Discriminatory Requirements for Candidates for the Position of Judge

The article discusses problematic issues about the ratio of the categories “specialty” and “enlarged group of specialties” for the purpose of determining how to overcome the educational qualification for candidates for the position of judge. The author raises the question of the existence of discriminatory, unconstitutional requirements for the indication of the specialty “Jurisprudence” as a prerequisite for education by candidates for the position of judge, regardless of the fact that the lawyer qualification can be obtained by completing educational programs in other specialties. In addition, the article draws attention to the requirements for candidates for the position of judge in international courts. The article also discusses the inadmissibility of incorporation of organizational and functional requirements of by-laws into federal laws. Based on the analysis of the current Russian legislation regulating the organization of personnel policy in related fields, taking into account international standards.

Информационные системы: проблемы определения и толкования в свете нотариальной практики

Based on civil law methodology, an analysis of the concept, legal nature, as well as the legal regime of information systems with the help of which big data is visualized in the digital environment has been carried out. The legal characteristics of the information system are given. The components and legal regime of big data are defi ned. In this regard, objects of civil rights that are part of the inheritance have been established. The subject of the research is: legal doctrine; norms of Russian legislation; norms of by-laws and regulatory legal acts. The purpose of the study is to provide a doctrinal substantiation of the legal nature and legal regime of information systems through which big data is visualized in the digital environment, as well as to develop proposals for solving certain notarial practical problems, including problems of identifying objects included in the inheritance. Taking into account the above subject and purpose of the study, the article used comparative legal, systemic and structural methods of scientific knowledge, as well as the modeling method. The use of the above set of methods made it possible to consider the issues of legal qualification and legal regime of information systems in the light of ambiguous doctrinal and practical approaches to their solution, as well as to develop proposals for improving the mechanism for performing notarial actions (certifying transactions, issuing a certificate of ownership of the common property of spouses, ensuring evidence, issuing a certificate of inheritance, taking measures to protect inherited property).

Антимонопольные требования по передаче публичного имущества в залог и их соотношение с нормами законодательства о государственных и муниципальных преференциях

The article provides a scientific analysis of the legal aspects of transferring state or municipal property in pledge and the need to comply with the requirements of the current Russian legislation, including antimonopoly legislation within of granting state and municipal preferences. The article analyzes the relevant law enforcement practice in the process of control and supervisory activities of the Federal Antimonopoly Service of Russia in this area.

Использование технологий искусственного интеллекта в процессе функционирования института общественного контроля в России

This article analyzes the current problems and prospects of using artificial intelligence technologies in the func-tioning of public control in the Russian Federation. The work elucidates the place and role of this civil society institution in securing legal guarantees for the implementation, protection, and defense of the system of consti-tutional principles, alongside the rights, liberties, and lawful interests of the populace and distinct legal entity categories. The authors analyze various points of view on the limits and prospects of using artificial intelligence technologies in the field of public administration. The necessity of modernizing approaches in the organization and activities of subjects of public control through the use of artificial intelligence technologies in their activities is substantiated. The article outlines and scrutinizes the primary challenges hindering the utilization of the above-mentioned technologies by subjects of public control. A set of solutions is created and justified to ad-dress these issues, including through the introduction of amendments and additions to the Russian legislation on public control.

ОСОБЕННОСТИ ПРАВОВОГО СТАТУСА КРЕСТЬЯНСКИХ (ФЕРМЕРСКИХ) ХОЗЯЙСТВ

This article describes the genesis of legislative regulation of a business entity with a special legal sta-tus - a peasant (farm) enterprise. The duality of the legal regulation of the subject is considered and a conclusion is made about the need to modernize Russian legislation in this area

Генезис правовых основ коллекторской деятельности в контексте судебной реформы: этапы эволюции и современное состояние

The article traces the main stages of the formation and development of the legal foundations of collection activities in the Russian Federation. It is noted that at the first stage – until 2016 – the collectors, who began their activities in the Russian financial services market in the early 2000s, carried out their work within the frame-work of general civil legislation, based on their own ideas about legality. The adoption on July 3, 2016 of two Federal Laws No. 230-FZ «On the Protection of the Rights and Legitimate Interests of Individuals in the Implementation of Activities for the Repay-ment of Overdue Debts and on Amendments to the Federal Law «On Microfinance Activities and Microfinance Organizations» and No. 231-FZ «On Amendments to Certain Legislative Acts of the Russian Federation in in connection with the adoption of the Federal Law «On the Protection of the Rights and Legitimate Interests of Individuals in the Implementation of Activities for the Re-payment of Overdue Debts and on Amendments to the Federal Law «On microfinance activities and microfinance organizations», marked the beginning of the second stage of the development of legal regulation of this segment of Russian legislation. The current (third) stage in the evolution of the legal foundations of collection activities is associated with the entry into force of Federal Law No. 467-FZ dated August 4, 2023 «On Amendments to the Federal Law «On the Protection of the Rights and Legitimate Interests of In-dividuals in the Implementation of Activities for the Repayment of Overdue Debts and on Amendments to the Federal Law «On Microfinance Activities and microfinance organizations». It is stated that at this stage, the improvement of the legal regulation of this segment of Rus-sian legislation is carried out simultaneously in several directions with the priority of developing a digital model of interaction between the state, business and the debtor.

Административная ответственность судей как лиц, обладающих привилегиями в праве

The work analyzes Russian legislation on the issue of bringing to justice persons with privileges in law, describes the algorithm for bringing judges to administrative responsibility as subjects with immunities in law, identifies the problems caused by the complicated mechanism of bringing judges to justice, provides the author’s structure of administrative and legal immunity of judges, concludes and provides confirmation statistical data indicate that it is necessary to review the procedure for bringing judges to administrative responsibility..

Применение должностными лицами полиции отдельных мер обеспечения производства по делам об административных правонарушениях в отношении несовершеннолетних: особенности и перспективы

Based on the analysis of current Russian legislation, norms of international law, law enforcement and judicial practice, the author examines the specifics of the application of certain measures of administrative coercion against minors. To solve the identified problems of a legal and organizational nature, proposals for changes to regulatory legal acts are being made.

АКТУАЛЬНЫЕ ПРОБЛЕМЫ МУНИЦИПАЛЬНОГО ЗЕМЕЛЬНОГО КОНТРОЛЯ НА ТЕРРИТОРИИ РЕСПУБЛИКИ КОМИ

The article presents an overview of the land control conducted on the territory of the Ukhta municipal district, which is part of the Komi Republic. Municipal land control is a framework that ensures the use of land and land plots, as interpreted by Russian legislation. The bodies whose powers include control over the use of land and land plots within the boundaries of a municipality are the regulatory instrument for the activities of individuals, legal entities and individual entrepreneurs. In accordance with the current legislation, risk management during municipal land control and the assessment system on the territory of the Ukhta municipal district is not applied. When implementing municipal land control, records are kept of land control objects owned by the Ukhta municipal District, state ownership of which is not delimited. According to the Regulation, the types of preventive measures are established on the territory of the Ukhta municipal district: generalization of law enforcement practice, informing, consulting, preventive visit, announcement, warning. The results of law enforcement practice are displayed in the annual report, which is subject to approval by the head of the Ukhta municipal district and is posted on the official portal of the administration. Based on the analysis, the main problems in municipal land control in the territory of the Komi Republic have been identified: insufficient technical support, lack of authorized bodies and officials to carry out land control measures, low level of regulation in municipal legal acts, limited capabilities of the inspector. To solve the considered problems, a number of recommendations are proposed: proper technical support, amendments to the legislative framework on the issue of expanding the powers of the municipal inspector, professional development of inspectors, differentiation of responsibilities of municipal and state land control.

International Practice of Liner Container Shipping Regulation in the Transport System

Effective regulatory and legal framework in this field has several positive advantages for the transportation participants. A significant place in the article is given to ensuring the principle of “common carrier” for access of a wide range of consumers to the container carriers service. In connection with the transformation both of supply chains and logistics flows under conditions of new foreign economic factors along with the emergence of new shipping lines on the Russian container market the relevance of this topic will continue to increase.Aim. To consider the aspects of normative and legal regulation of liner container shipping in the USA, EU, PRC and the Russian Federation.Tasks. To analyze the strategies of shipping lines on the Russian and global markets, to identify key regulatory legal acts of foreign countries in the sphere of liner container shipping, to identify the features of the Russian legislation in this sphere and the ways of its development.Methods. Regulatory legal acts of the USA, EU, PRC and the Russian Federation were collected, which play an extremely important role in the development of international container transportation and increasing the competitiveness of foreign economic activity.Results. The research of relevant legal frameworks and instruments of state regulation of sea container lines activity to ensure non-discriminatory access of consumers of transportation services, public availability of information about liner container services, high quality of transportation services for foreign economic relations was carried out.Conclusions. In modern foreign economic conditions, alliances and various forms of carrier cooperation are the subject of state regulation of liner container shipping in order to protect competition on the market. The legislation of the USA and the Russian Federation establishes compulsory publication of shipping line tariffs, while according to the provisions of the PRC legislation shipping lines provide their tariffs to the freight exchange, which is authorized by the competent state body. In addition, international experience shows that sea lines “Common carriers” are subject to a number of other requirements. In the Russian Federation, sea container transportation is carried out by both liner and tramp vessels due to the fact that the certain carriers are not registered as shipping line operators and information about some regular container services is limited.

Теоретико-методологические аспекты современной системы жилищного законодательства Российской Федерации

The certainty of housing relations depends on the norms of housing law, which are formally defined and clearly enshrine the rights and obligations of the parties to housing relations. The housing legislation system is built through joint management and, according to the principle of federalism, is characterized by two-level regulatory legal regulation – state and local. Housing legislation is part of the entire large-scale system of Russian legislation and is characterized by unity in its favorable development. Like any system of legislation, housing legislation is characterized by some inconsistent errors that indicate the presence of unfavorable stages in the development of the system, however, the main purpose of the article is the idea of the importance of having many positive features that characterize housing legislation systematically and holistically through the theoretical and methodological aspects considered, which emphasize the unity, certainty and consistency of housing legislation norms.

Gender rights of citizens in Russian legislation and law enforcement practice

Human rights and freedoms are the highest value in the Russian Federation, and their observance and protection is the responsibility of the State. Despite the constitutional consolidation of this provision, the equality of rights of men and women, as well as the prohibition of discrimination on the basis of sex, Russian legislation distinguishes the constitutional rights of women and men in certain aspects, taking into account the physiological characteristics of the former exclusively. Thus, legislators grant more rights and freedoms to some categories of people, and in some cases this preference imposes certain restrictions. In particular, the restriction of women's rights to work. The subject of the study is the norms of constitutional, civil and administrative law, other normative legal and judicial acts defining gender equality and inequality of citizens in the Russian Federation. The purpose of the study is to compare legislation and law enforcement practice in relation to men and women. In the course of the work, the following methods were used: dialectical, logical, systemic, functional, formal-legal, comparative-legal research methods. The study analyzes the basic constitutional rights of men and women, as well as the application of a gender approach in law enforcement. The novelty of the conducted research is the differentiation of gender constitutional rights of citizens, a comparison of the application of legislation to men and women depending on physiological characteristics, as well as a comparison of law enforcement practices applied to them in homogeneous processes. The analysis of the conducted research allowed us to establish that some of the legislative acts have gender discriminatory provisions. This is directly related to the fact that legislators take into account only the physiological characteristics of the female body, while the characteristics of the male body are ignored. Law enforcement practice in the gender aspect implies that men's rights are derived from the rights of women (whose rights are prerogative). In this regard, there is a need both for the development of law enforcement approaches and for the adoption (amendment) of legislative acts themselves, which should be based on the principle of equality of citizens' rights.

The Problem of Defining Insurance of Business and Financial Risks in Russian Legislation

The development of Russian insurance legislation is associated with the presence of certain differences in the legal regulation of the insurance business; in particular, there is the problem of classifying certain types of insurance: business insurance and financial risk insurance. The purpose of the study is to consider sequentially the main stages of the development of insurance legislation in terms of insurance of business and financial risks, which would allow us to identify, on the one hand, the reasons for changes in insurance legislation, and, on the other hand, to form the authors’ own standpoints on this issue and draw appropriate conclusions. The article examines the changes made to national insurance legislation over the course of a quarter of a century, and identifies contradictions and differences in the definitions of insurance of business and financial risks. The authors have drawn the conclusion that there is a global cause of the observed phenomena, which is the absence in our country of a single codified normative legal act regulating insurance relationships — the Insurance Code. According to the authors, the development and adoption of such a systematic set of insurance legislation would be the most important step towards solving the problem of classifying types of insurance, in particular business risk insurance and financial risk insurance.

Сorruption: contemporary subjects signs, concept

In the foreword, topicality of the problems of corruption, both in Russia and abroad, is determined for which, modern statistical data are provided. The problem of corruption aggravates nowadays for a number of reasons: ineffective activities of authorities, digitalisation and associated new types of consequences of corruption, the merging of representatives of the state apparatus with criminal structures, etc. The article notes that, despite the many scientific works devoted to corruption, we still have no concept of “corruption” proper. At the same time, many researchers note the local nature of corruption crimes. When revealing the concept of “corruption,” the authors here had applied a complex method, analysing the scientific works of representatives of various humanities, both Russian and foreign, which resulted in the identification of signs characterising corruption not only as a legal problem, but also as a general social one. The idea was expressed about the need to develop a single legal international document regulating relations to fight and prevent corruption. Based on the analysis of scientific literature, Russian legislation and judicial practice, a general social concept of corruption and its legal concept were proposed. The formulated conclusions are of theoretical significance for both criminology sections’ development and criminal law science; they are also of practical significance for improving the legal legislative concept of “corruption”.

Влияние криптовалюты на развитие российской экономики: угрозы и экономические возможности

Current trends in economic development determine the course towards digitalization, which implies the development of entrepreneurship in the format of an electronic environment, marketed digital goods and services. Payments for services and goods in the digital economy are often made in digital currency. However, a number of features of the cryptocurrency, such as full virtuality, the absence of a single repository, control center and emission center; the absolute anonymity of all transactions and others create a number of threats to the stability of the national and global economy. The author states that gaps in Russian legislation in relation to cryptocurrency call into question a number of its advantages, forming them as risks and threats. For example, the existence of an alternative payment system violates the integrity of the national system, in particular, the Central Bank loses the monopoly right to issue money, and the supervisory authorities lose the right and ability to control the money turnover in the country.

DIGITAL FINANCIAL ASSETS AND THEIR OPERATORS IN THE RUSSIAN FEDERATION

The relevance of the research topic is to consider the genesis of the legislative consolidation of the legal status of digital intermediaries, namely, the operator of the information system and the operator of the exchange of digital financial assets. The purpose of the study is to determine the role of an information system operator and a digital financial assets exchange operator in the Russian Federation. The scientific novelty of the article is manifested in the formulation of the provision that one of the main advantages of an information system based on a distributed registry is that the very technical properties of such a system allow for the issuance, accounting and circulation of digital financial assets without the participation of digital intermediaries due to the fact that this digital system already contains records of all changes being made, and therefore a priori is valid. Materials and methods. The paper presents an analysis of the current legislation, judicial practice and scientific doctrine on the problematic issue of the legal status of digital intermediaries – the operator of the information system and the operator of the exchange of digital financial assets. In addition, it provides comments on the relevant provisions of the digital financial assets Law. Results. In accordance with the legislation on the digital financial assets, the operator of an information system where digital financial assets are issued is recognized as a legal entity whose personal law is the Russian law and who is included in the register of information system operators by the Bank of Russia. The tasks of the information system operator mainly include ensuring the proper uninterrupted functioning of information systems. To complete the tasks, the information system operator must approve the rules of its information system and coordinate them with the Bank of Russia. Transactions permitted by the Russian law with the digital financial assets are made through the digital financial assets exchange operator, which collects and compares applications for such transactions or participates at its own expense in the transaction as a party in the interests of third parties. Digital financial assets exchange operators are credit organizations, trade organizers, as well as other legal entities that meet the requirements and are included by the Bank of Russia in the register of digital financial assets exchange operators. The theoretical and practical significance of the study consists in the identification by the authors of such a fundamental feature of the digital financial assets as non-mediation, which is a priori inherent in the digital financial assets, but, unfortunately, the Russian legislator rejected the corresponding legal regime of the digital financial assets. In this regard, third parties – digital intermediaries, namely the operator of the information system and the operator of the exchange of digital financial assets, are actually involved in the relations that are developing regarding the issuance, accounting and circulation of digital financial assets. Conclusions. The authors concluded on the basis of judicial practice that the viability of the legal norms considered in the article is questionable, since at the moment there are no disputes around the digital financial assets.

Становление и развитие административной преюдиции в советский период

Issues of criminal liability for acts, the single (initial) commission of which entails administrative liability, have in recent years moved from the category of purely doctrinal to law enforcement. At the same time, their severity does not decrease, since in many respects the possibility of his correction and taking the path of respect for rights and freedoms depends on the choice of the most appropriate (expedient, fair, etc.) measure of responsibility for the offender. Taking into account the initial refusal of the Russian legislator to use administrative prejudice when constructing rules on criminal liability and the subsequent “rehabilitation” of this approach, it makes sense to turn to the history of the formation and development of this approach in the Soviet period. The article critically evaluates the doctrinal point of view about the “broad” experience of using administrative prejudice in the construction of the norms of the Special Part of the Criminal Code of the RSFSR of 1960; The characteristic features of norms with administrative prejudice are noted, as well as the specificity of the social relations they protect.

Учет мнения детей при разрешении споров об их воспитании: практика в Советской России и эволюция нормативного закрепления

Introduction. The Soviet law postulated the priority of the interests of children as the main principle of resolving family disputes. The Modern Russian legislator has adopted this approach. Currently, cases of mandatory consent of children to perform a legally significant action have been established and the procedure for ascertaining the opinion of minors has been regulated. Did a child have the right to vote in Soviet courts? The answer to this question will help to understand the historical background of the formation of the juvenile justice in Russia. Methods. The study was based on dialectics, which acts as a general methodology of scientific knowledge. General scientific, special and specific scientific methods were used. A generalization of the judicial practice of the Soviet period was carried out using analysis, synthesis, induction and deduction. The results obtained were processed using the interpretive method. A comparison of legal regulation in different historical periods is carried out (comparative research method). The principle of historicism made it possible to assess the dynamics of the development of the child’s right to express his opinion when resolving a dispute and to identify cause-and-effect relationships between the Soviet and modern approaches to this issue. Results. It was revealed that in the Soviet Russia the question of taking into account the opinions of children when resolving disputes about their upbringing was raised by judicial practice: first in individual cases, then in uniform explanations. The court was required to take into account the views of children. The forms of ascertaining the child’s wishes were different; priority was given to out-of-court interviews. The older the children were, the more likely it was that a decision would be made in accordance with their wishes. At the same time, the practice of courts, which limited themselves only to the child’s opinion, received a negative assessment. It was necessary to evaluate how well the children’s wishes corresponded to their real interests, the reasons for the lack of contact with persons applying for education, and the living conditions that were created for the children. The continuity of the Soviet experience in modern legal regulation of taking into account the child’s opinion in family disputes is revealed. The requirements developed by Soviet lawyers are applicable to modern court cases.