Russian Legislation Research Articles

История нормативного закрепления прав и свобод в законодательстве Российской Федерации

This scientific work is devoted to the consideration of the features of the normative consolidation of human and civil rights and freedoms in the legislation of the Russian Federation. To do this, the author examines the main ideas and their normative expression in various historical periods, from the reign of Peter I to the present. The author dwells in more detail on the analysis of the current stage of development of constitutional liberalism and notes the prospects for further reform of the designated category. In conclusion of the scientific research, the author focuses on the fact that currently, in the context of the normative consolidation of human and civil rights and freedoms in Russian legislation, there are all the necessary prerequisites for continuing the implementation of democratic and liberal reforms.

LEGAL NATURE OF INTERNATIONAL JURISDICTION AGREEMENTS

The problem of the legal nature of international jurisdiction agreements is directly related to the issue of their regulation in the national legislation, since, depending on the material or procedural quali cations of this institution, particular regulatory requirements for such agreements are to be established. This article analyzes various approaches to the de nition of the legal nature and, consequently, the regulation of international jurisdiction agreements on the example of English, German and Russian legislation. The material quali cation chosen in English law means a more exible regulation of the agreements: the possibility to conclude an oral jurisdiction agreement as well as the possibility for one party to use remedies (antisuit injunctions, damages) in case of violation of the jurisdiction agreement by the other party. The procedural quali cation of jurisdiction agreements in German law presupposes the establishment of stricter formal requirements (requirements for the subjects of agreements, form (written or oral with written con rmation), time of the conclusion of the jurisdiction agreement). In Russian law, this issue has not been nally resolved and is debatable, so that the legislative 181regulation of agreements on jurisdiction is generally fragmentary and is replaced by the construction and interpretation of norms in judicial practice.

PROSPECTS FOR IMPROVEMENT THE LINGUISTIC FORM OF THE RUSSIAN CRIMINAL LAW TAKEN INTO ACCOUNT OF THE KYRGYZ EXPERIENCE

The article considers the basic theoretical provisions on the importance of the comparative legal method in scienti c researches and in the practice of national criminal law-making. The article proves the admissibility and expediency of using the comparative legal method in the scienti c substantiation of ways to improve the linguistic form of the Russian criminal law. It is speci ed that the possibilities of the comparative legal method in this area are limited, as each national law is written in the original na-tional language, which has features of the lexical composition and grammatical structure, therefore, it is not the national systems of lexical and grammatical means themselves that are important for improving the linguistic form of the Russian criminal law, but rather positive experience with regard to general approaches to their use in the formulation of the content of criminal law prescriptions. Based on the analysis of the Criminal Code of the Kyrgyz Republic, a number of successful legislative decisions are identi ed in terms of giving precision and clarity to the language of criminal law, attention is focused on the pragmatic function of legislative de nitions, revealing the meaning of terms used in criminal law and giving them strictly xed normative content, which contributes to the formation of uniform law enforcement practice; and it is substantiated that the Kyrgyz experience in this area deserves the close attention of the Russian legislator.

Special Rules of the Special Part of the Russian Criminal Code on Participation in the Activities of Organizations Registered in the Russian Federation or other Jurisdictions (Art. 239 of the RF CC)

The Russian legislator does not have a systematic approach to criminalizing the creation of groups of a certain orientation, their leadership and participation in such groups. At first glance, a variety of norms containing a ban on the commission of such acts are the norms of the Criminal Code of the Russian Federation, enshrined in the Part. 1-3 tbsp. 239 of the Criminal Code of the Russian Federation. These norms prohibit the creation of associations or organizations, their management and participation in them. This prohibition is due to the nature of the activities of the relevant association or organization. The problem is that we are talking about associations or organizations that have legal status in the Russian Federation, and the activities of the leaders or participants of such organizations, which are prohibited by the Criminal Code of the Russian Federation, go beyond the scope determined by their legal status. Thus, a participant or head of a legally existing organization can carry out illegal activities under the guise of such an organization without complicity with anyone, and, consequently, the norms of Art. 239 of the Criminal Code of the Russian Federation cannot be classified as special norms of the Special Part on criminal associations, since the presence of a criminal association when committing these crimes is an optional circumstance.

Проблемные аспекты правового регулирования искусственного прерывания беременности в Российской Федерации

The article discusses issues related to the study of current trends in the development of Russian legislation in the field of artificial abortion. Particular attention is paid to the contradictions and defects in the regulation of this segment of social relations. Using specific examples of individual provisions of administrative and criminal legislation, the effectiveness of relevant regulations and the impact of identified defects on law enforcement practice are examined.

Особенности соглашения об участии в несении дополнительных расходов на обеспечение ребенка жилым помещением

An agreement (agreement) on participation in bearing additional expenses for providing a child with living quarters is an agreement not named in the Family Code of the Russian Federation, the requirements for which are not established by law. The author, based on an analysis of legal norms, analogies of law and formal logic, puts forward in the article requirements for the form, parties and content of this agreement, and also analyzes the legal consequences of non-compliance with its terms. Based on a systematic analysis of modern Russian legislation, the author comes to the conclusion that it is possible to present certain requirements to the agreement under study, similar to the requirements for an agreement on the collection of alimony, and also identifies differences in the legal regulation of these agreements.

Ретроспективный анализ применения отдельных мер пресечения

The article provides a retrospective analysis of the formation and development of preventive measures in the form of bail and prohibition of certain actions in the system of Russian legislation. Based on the analysis of historical literature, legislative normative legal acts, as well as archival materials, the author considers milestones in the development of the preventive measures under consideration, which made it possible to identify 3 chronological stages of bail, as well as to identify the features of the emergence and formation of the prohibition of certain actions in Russian criminal proceedings. The article describes the features of the election of preventive measures in various historical periods.

Рецензия на книгу «Воронежская школа административного права: четверть века научного поиска» / под. редакцией Ю.Н. Старилова

The review of the book, published under the editorship of Professor Yuri Nikolaevich Starilov, notes the importance of the school of administrative law that has been formed over 25 years, which is officially included in the list of leading scientific schools of Voronezh State University. The views of Yu. N. Starilov on issues of modern administrative and legal policy and its influence on determining the priorities for the development of Russian legislation, ensuring the progress of public legal relations, are briefly assessed. The scientific works of scientists — colleagues of Yu. N. Starilov on various topical problems of the Russian science of administrative law are analyzed. A conclusion is drawn about the scientific and practical significance of the book under review.

Specifics of Due Diligence procedure in mergers and acquisitions in the Russian Federation

Aim. To study the elements and main features of the Due Diligence procedure, including mandatory and additional stages of due diligence of Russian companies, as well as taking into account the peculiarities of the Russian legislation and regulatory bodies.Objectives. To perform an in-depth theoretical analysis of the main tasks of the Due Diligence procedure in M&A of enterprises; to develop proposals for improving the methodology of the Due Diligence procedure in the Russian Federation (RF).Methods. The authors used general scientific research methods, including data collection and processing, content analysis, generalization, systematization, analysis of legislation and legal practice in the field of mergers and acquisitions, as well as the experience of Russian enterprises in conducting the Due Diligence procedure.Results. The Due Diligence procedure is an important stage of corporate transactions in the M&A process in Russia. The article shows that one of the key features is the necessity to take into account specific legal and tax aspects of the Russian legislation when conducting due diligence. It is necessary to take into account not only the risks, but also the influence of state regulators and regulatory bodies on the results of the transaction. Based on the results of the analysis and systematization of the information obtained, general methods and recommendations in the course of the Due Diligence procedure were determined. The statistical data on M&A transactions in Russia are considered, the attention is emphasized on the importance of Due Diligence at the rapid growth of M&A transactions. It is proved that the Due Diligence procedure increases the transparency of Russian companies and contributes to the improvement of the investment climate in the country.Conclusions. The study of the peculiarities of Due Diligence in M&A in Russia allows us to focus on the importance of legal analysis, financial and economic evaluation, as well as personnel and corporate culture assessment. Legal analysis provides an opportunity to identify and assess legal risks and problems related to the company's operations. Financial and economic analysis and audit help to identify and assess financial risks and problems, current and potential. Personnel and corporate culture assessment helps to understand how well they are aligned with the business objectives and strategy of the transaction. All three areas of assessment must comply with the requirements of domestic legislation and take into account the specifics of the labor market in Russia. A proper Due Diligence assessment of all three areas will help to detect possible risks and problems related to legal, financial and personal aspects of the company's activities, as well as provide a reliable basis for making correct and informed decisions regarding the M&A transaction.

On some the trends in the development of the prosecutor's supervision of the procedural activities of the bodies of inquiry

The article is devoted to some aspects of the prosecutor's supervision of the procedural activities of the bodies of inquiry, including the problematic aspects of determining the legal status of the body of inquiry as a participant in criminal proceedings. The authors note that despite a number of changes in Russian legislation, a considerable number of issues concerning the procedural position of the body of inquiry in the criminal process of Russia still remain unresolved. The prosecutor has always had a wide range of powers in relation to the inquirer's proceedings, however, the reform of pre-trial proceedings in 2007 not only narrowed the prosecutor's powers during the preliminary investigation, but also created additional conditions for a possible reduction in the prosecutor's powers in the field of procedural management of the inquiry. In this regard, the paper examines the question of the validity of granting the prosecutor a significant amount of powers in relation to the bodies of inquiry. The methodological basis of the article is the general scientific dialectical method of cognition, as well as the complex application of such methods as analysis, historical, formal-logical, system-structural and statistical. The conducted research allowed us to formulate conclusions according to which the modern development of the prosecutor's supervision of the procedural activities of the bodies of inquiry should be associated not so much with amendments to the criminal procedure legislation limiting the scope of the prosecutor's powers, but rather with increasing the effectiveness of the prosecutor's activities in the context of digitalization. It is argued that the wide range of powers available to the prosecutor in relation to the bodies of inquiry is seen as traditional, expedient and justified.

The development of arbitration proceedings in Russia

The article reviews the general development of arbitration proceedings in the Russian Federation. The paper’s main aim is to review the general development of arbitration proceedings in the Russian Federation. Using the legal comparative method allowed us to study national and foreign legislation to formulate conclusions about developing the arbitration procedure in Russian legislation. The application of the formal legal analysis made it possible to understand the concept of the arbitration court from a Russian perspective. A brief historical excursion of the development of arbitration proceedings, starting from the twelfth century, was made to achieve the paper’s aim. Following that, the author delves into the 2016 arbitration reform, its significance and the current state of arbitration in Russia. The author briefly describes and analyzes permanent arbitration institutions operating in the Russian Federation. At the end of the article, the author discusses the current trends in the development of arbitration and the challenges facing arbitration proceedings in Russia.

Модели принудительного исполнения административных актов

Administrative bodies, when making a decision on a certain issue, adopt an adinistrative act. However, its enforcement may encounter problems when an individual is unwilling to voluntarily comply with its requirements, even under the threat of sanctions. As a general rule, Russian legislation does not recognise administrative act as an executive document per se. Hence, the purpose of the study is the search for models and means of ensuring the execution of administrative acts in the shortest possible time without significant costs. In continental law, there are two approaches to determining the rules to enforce administrative acts execution. The first is the French approach. It is based on the fact that enforcement is ensured by measures of responsibility. In case of refusal or evasion by a person, the administrative body must go to court to obtain an executive document and subsequently initiate enforcement proceedings. The German approach recognises administrative acts as the force power for an executive document. Under these conditions, the administrative body can avoid the judicial stage. However, as French judicial practice shows, compulsory execution of an administrative act is possible without involving the judicial system in this process. These are cases of urgent or exceptional circumstances (any disaster or military action). Therefore, Russian doctrine and practice can pay attention to the French approach. This will ensure the achievement of legitimate goals without significantly complicating procedures and will maintain law and order.

О применении федеральных норм и правил, регулирующих организацию работ на опасных производственных объектах горно-металлургической промышленности

The article considers the regulatory and legal control of industrial safety as to the organization of safe work at hazardous production facilities of the mining and metallurgical industry of the Russian Federation. The historical aspects of the development of the regulatory framework of occupational safety in the Russian Federation that earlier divided the requirements for the organization of safe work into occupational safety and industrial safety have been mentioned. The analysis of the systems of regulatory and legal framework of the international and Russian legislations, as well as the industrial practices of occupational safety management implies that the activities to ensure the organization of safe work must be constantly developing. The evaluation of the Russian legislation has demonstrated that the tight links between the legal areas of occupational safety and industrial safety did not consider some aspects of the requirements for industrial safety regulation. General industrial safety requirements provide for the development of regulatory and legal acts such as federal norms and rules that contain more detailed requirements for ensuring the safety of workflows, employees, and other specific types of activities. In order to resolve the issues of the organization of safe work, the Federal norms and rules «Ensuring industrial safety in the organization of work at hazardous production facilities of the mining and metallurgical industry» approved by the Order of Rostechnadzor on November 13, 2020, № 440 (hereinafter FNP), were developed. When developing the Federal norms and rules for industrial safety, the entire range of requirements for the safety of the organization of various jobs has been analyzed; the requirements for the work organization at hazardous production facilities of the mining and metallurgical industry have been formulated. Earlier, these jobs were regulated only by the requirements contained in the regulatory and legal acts of occupational safety. The article refers to the sections of the Federal norms and rules for industrial safety where classification of the types of jobs at hazardous production facilities at the current stage are explained as the basis for further development of legal regulation. Explanations for the following sections are provided: on the work organization during operation, maintenance, and repair of equipment and building construction and repairs; on determining and controlling high-risk jobs; on organizational and engineering measures regulating high-risk jobs; on work permits for high-risk jobs; and on the decision-making when choosing safety tools for the work organization. The current aspects of regulatory and legal control over high-risk jobs contained in the Federal norms and rules for industrial safety will be a significant contribution to the understanding of occupational safety processes as to their use by senior officials of enterprises in order to ensure further reduction of accident rate at enterprises of the mining and metallurgical industry of the Russian Federation.

Правовое регулирование договора каршеринга: вопросы квалификации

The concept of carsharing is not fixed in Russian legislation. The absence of a legally fixed concept of carsharing and its regulation entails legal uncertainty. There are different opinions among scientists and practicing lawyers regarding the legal nature of the carsharing agreement. The article examines the legal structure of the carsharing agreement and qualification issues. It should be concluded that currently a carsharing agreement is a legal constructor that includes elements of various agreements enshrined in the Civil Code of the Russian Federation.

Обеспечение общественной безопасности в процессе использования беспилотных воздушных судов

The article is devoted to the urgent problem of legal regulation of the use of unmanned aerial systems and unmanned aircraft in the Russian Federation. Based on the analysis of changes in Russian legislation that came out in 2023, an assessment of the main areas of use of unmanned aircraft systems in economic activities is carried out. The author characterizes the powers of the federal executive authorities in the field of ensuring public safety when using unmanned aircraft. The current directions of the legal regulation of unmanned aircraft flights in the Russian Federation are reviewed.

Inheritance and Heirs in Roman Law: Impact on Modernity

Introduction. The article examines the main provisions of the Roman legal tradition on inheritance in the context of the development of modern legislation in the field of regulation of hereditary legal relations. The article consistently examines the trends in the legal regulation of hereditary relations in the ancient Roman state, both in relation to the normative content of legislation and in relation to the evolution of individual legal means. Using the example of individual institutions of inheritance law – the inheritance contract, unworthy heirs – the article demonstrates the influence of Roman law on modern Russian legislation. An urgent issue for consideration is also the separation of hereditary property, which was solved in a peculiar way in Roman law. The question is raised about the possibility of adapting certain elements of the Roman legal tradition to the modern conditions of the development of hereditary legal relations.The article is based on the analytical approaches generally accepted in the doctrine of private law to understanding the nature of hereditary relations in ancient Roman legislation, based on commonly used terms. The analysis of inheritance in Roman law is based on historical sources (Digests, Institutions).The hypothesis of the article is to recognize the decisive influence of the main legal structures of ancient Roman legislation on the modern inheritance law of the Russian Federation.Materials and methods. The methodological basis of the study was the tools of the general scientific apparatus and special legal methodology. The article uses the historical-legal, formal-legal, comparative-legal method. The general scientific methodology is represented by the method of analysis, the formal-logical method, the dialectical method.Results of the study. As a result of the analysis, it was revealed that Roman private law is a unique historical and legal phenomenon that had a decisive impact on the development of the legislation of the states of the continental legal system on inheritance. The influence of the legislation of Ancient Rome on inheritance and heirs on the civil law of the Russian Federation, in particular the institution of unworthy heirs, where the unworthy heir initially had a positive appearance, and subsequently lost this status due to misconduct, is demonstrated. The current trends in the development of modern legislation of the Russian Federation on the inheritance contract, on separate hereditary property in the context of the influence of key ideas of Roman jurisprudence are considered.Discussion and conclusion. The influence of the legislation of Ancient Rome on inheritance and heirs on the civil law of the Russian Federation is also obvious. The influence of the Roman private law tradition on the civil legislation of the Russian Federation is considered in the context of the reception of universal hereditary succession, as well as the features of singular succession.The doctrine of hereditary succession is organically formulated by the civil law of the Russian Federation and has been further developed. The key elements of the modern system of inheritance law make it possible to overcome the limitations of the classical Roman legal tradition and ensure that legislation complies with current trends in the development of hereditary legal relations of individual institutions of inheritance law - inheritance contract, unworthy heirs, separation of family property.

Имущественные правоотношения граждан России в браке: исторический аспект

The evolution of property relations within marriages reflects broader societal changes and the evolving understanding of individual rights and responsibilities within the family unit. This article examines the history of property relations of Russian citizens entering into, being in, and having the opportunity to terminate marriage. The analysis of the expired normative acts of the Russian Empire, the USSR and the RSFSR, as well as the current normative legal acts of the Russian Federation, is carried out in order to identify historical changes in this area of law. It is noted that joint property of spouses did not always exist and is an achievement of family legislation of the Soviet period aimed at emphasizing the equality of all citizens, including spouses, among themselves. The pre-revolutionary period was characterized by an emphasis on personal property of participants in family relations, as well as the regulation of inheritance rights. The post-Soviet period of regulation of property relations of Russian citizens in marriage can be considered as continuous with respect to the previous one. A dissonance is introduced into legislative acts by the introduction of the concept of a marriage contract, which implies the fixation of spouses' positions on property even at the stage before entering into marriage. Overall, property relations within the family unit have become increasingly complex over time, allowing for the observation of the dynamism of the development of family legislation in Russia. By tracing the historical development of these relations, we can better understand the dynamics of family law and its impact on individuals and society. Moving forward, it is essential to continue examining and adapting legal frameworks to ensure equity and justice within family relationships.

Current Problems of Compliance with Constitutional Environmental Responsibilities Through the Lens of Constitutional Justice

The article analyzes constitutional environmental responsibilities in the Russian Federation through the prism of constitutional justice. Their non-compliance entails adverse consequences for subjects of environmental law. The purpose of the study is to identify topical issues that negatively affect compliance with constitutional environmental obligations in accordance with constitutional and legal norms, Russian legislation, as well as international law. The objectives of the study are to study constitutional environmental obligations in national and international law, to analyze the norms contained in the laws of the Russian Federation and international legal acts concerning compliance with environmental obligations, and to identify key problems related to them. Using the comparative legal method, the analysis of constitutional environmental obligations was carried out. In addition, logical and formal legal methods of scientific cognition were used. The study examines some key aspects that have an adverse impact on compliance with constitutional environmental obligations, the doctrine of environmental law. It is revealed that in the Russian Federation, the duties in the field of ecology are the preservation of the environment and respect for natural resources, entrusted to all subjects of law. In accordance with the norms of international law, the element of the ecological and legal status of a legal entity considered by us is more characteristic of the State. The study of problems in national and international law has led to the conclusion that in modern countries it is recognized that non-compliance with constitutional environmental obligations is due to a low level of environmental awareness, lack of understanding of legal responsibility and environmental nihilism.

Основные подходы к определению понятия «научный работник» в российском законодательстве

The author of the article explores various approaches to defining the term “scientific worker” considering Russian legislation. The laws and regulations of the Russian Federation, as well as international regulations, are considered. Raising issues related to qualifications, labor relations, and independence in scientific activity, points of view of legal scholars on the definition of this concept are analyzed. A unified definition of the term “scientific worker” is proposed, which takes into account the specifics of his professional activity, qualifications and labor relations, in order to consolidate it in Russian legislation.

О некоторых особенностях правового регулирования труда женщин в законодательстве России и Сербии

The article analyzes Russian and Serbian legislation regarding the regulation of labor relations with the participation of prеgnant women and women with children under three years of age. The common features and differences in the legislation of Russia and Serbia are noted, and the existing differences in legal regulation are assessed.