Legal Regime of Reclaimed and Improved Lands

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Елена Пышьева ◽  
Elena Pysheva
Keyword(s):  
Legal Regime ◽  
Reclaimed Land ◽  
State Reduction ◽  
Land System ◽  
Legal Nature ◽  
Form Part ◽  
Environmental Requirements ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Mechanism

Reclaimed and improved lands hold a special place in the land system of the Russian Federation, which determines the specifics of their legal regime.The article explores the legal nature and content of the legal regime for such lands, identifies their differences. The author gives her own definition of the legal regime of lands. The author notes that the legal regime of the reclaimed land and land plots that form part of those lands is highly differentiated. Therefore the author indicates factors that influence this regime. And it is hydro-technical and agroforestry activities performed on those lands that produce the greatest changes in their legal regime. If lands plots that form part of any land category, are recognized as reclaimed lands, it leads to tightening of the legal regime, because these lands need to comply with strict environmental requirements. Reclaimed lands are particularly vulnerable, especially those that form part of the agricultural zones of settlement lands; that is why the legal mechanism for their protection and conservation was established. The author points out to general deterioration of their ecological state, reduction of land and proposes solutions to these problems through legal means.

scholarly journals THE PROBLEM OF DETERMINING THE LEGAL REGIME OF “DISPUTED” REAL ESTATE: THEORETICAL AND PRACTICAL ASPECTS

2021 ◽  
pp. 19-24
Author(s):  
N.A. Pronina ◽  
T.N. Platunova ◽  
S.O. Kostyakova
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Civil Law ◽  
Property Right ◽  
Legal Regime ◽  
Land Plot ◽  
Legal Definition ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article raises the following topical problems currently inherent in the institution of real estate in theRussian Federation: the unsuccessful legal definition of a real estate object, enshrined in Art. 131 of the CivilCode of the Russian Federation; qualification of objects as immovable and, accordingly, delimitation of themfrom movable ones; the emergence of objects with a controversial legal regime; the need to move from themodel of “plurality” to the model of “unity” of real estate objects. Also, the authors of this article analyzea number of approaches aimed at resolving the above problems and the possible consequences (both positiveand negative) of their implementation in practice, put forward their views and offer their own solutionto these problems. A variant of the legalization of “disputable” objects is proposed by introducing the rightof construction into the civil law of the Russian Federation as a limited property right to use a land plot withthe extension of this right to everything that is being built on such a land plot. The examples of legislativeregulation of the right to build in the civil law of pre-revolutionary Russia are considered, the elements of theright to build in the current law of the Russian Federation are revealed.

Legal Structure of Budget Immunity: Theoretic and Legal Analysis

2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Наталья Поветкина ◽  
Natalya Povetkina
Keyword(s):  
Russian Federation ◽  
The State ◽  
Legal Analysis ◽  
Legal Regime ◽  
Legal Structure ◽  
Original Definition ◽  
The Russian Federation ◽  
Financial Obligations ◽  
Definition Of ◽  
Budget System

The article presents theoretical and legal analysis of the concept of “immunity of the budget”. The article notes the role and importance of immunity of the budget as special legal structure to ensure compliance by the state with all assumed financial obligations, fulfilled at the expense of the budgets of the RF budget system. Diversity and ambiguousness of understanding the category of immunity in science are pointed out. Various concepts of immunity both in general legal and industry-specific format are analyzed. The author concludes that, despite the fact that the immunity of the budget does not possess all the attributes of legal immunities, it can be referred to as such, but with specific features. The article defines the purpose, functions and characteristics of the budget immunity. The author provides an original definition of the “immunity of budget” concept as a legal regime that does not permit mandatory recovery proceedings at the expense of budgets from the budgetary system of the Russian Federation.

scholarly journals Constitutional legal mechanism of ensuring with bodies of prosecutor’s office of the rights and freedoms of the person and citizen in Russian Federation

2016 ◽  
Vol 3 (2) ◽  
pp. 106-111
Author(s):  
I A Alzheev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Point Of View ◽  
Law And Order ◽  
Social Tension ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Legal Mechanism ◽  
Coordination Activity

In article questions of realization of constitutional and legal bases of bodies of prosecutor’s office of the Russian Federation for law enforcement and a law and order, protection of the rights and freedoms of the person and citizen are considered. According to the author there was now an unsatisfactory situation in the sphere of the rights and freedoms of the person and citizen, increases the number of violations of the rights and freedoms that leads to increase in social tension and loss of trust of the population to all structures of the government. In this connection in article improvement of mechanisms of ensuring with bodies of prosecutor’s office of the rights and freedoms of the person and citizen is proved by need of definition of coordination activity of prosecutor’s office, from the point of view of her potential and a role in fight against crime also.

scholarly journals On the Definition of the Concept of Crime in the Criminal Code of the Russian Federation

2018 ◽  
Vol 12 (3) ◽  
pp. 417-423
Author(s):  
Alexander Smirnov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Formal Concept ◽  
Effective Implementation ◽  
Constituent Element ◽  
Legal Nature ◽  
The Russian Federation ◽  
Definition Of ◽  
Constituent Elements

The author presents his views on the definition of the concept of «crime» in the Criminal Code of the Russian Federation because this concept is of primary importance to the whole structure of criminal law and the practice of crime counteraction. He provides a consistent analysis of the socio-legal nature and the feasibility of each constituent element included in the definition of crime: 1) action; 2) public danger; 3) guilt; 4) unlawfulness (criminal); 5) threat of punishability. When defining the concept of «crime», the author starts from the premise that, according to the methodology of formulating fundamental law concepts, their definitions should include only the most important, constant and universal characteristics (attributes) that are not disputable and that support the ontological essence of the concept and never, under any circumstances, refute it. The author concludes that the action and its prohibition in the criminal law are independent and constant elements of crime. Guilt and threat are not always such elements. The indication of guilt is included in the necessity of establishing the constituent elements of a crime to prosecute a person. Public danger, according to contemporary research, is an element of all offenses, besides, it is inherent to criminal unlawfulness. That is why the definition of the formal concept of «crime» should be presented as following: «A crime is an action prohibited in the present Code». This definition, according to the author, fully corresponds to the language of law, is laconic and substantial, excludes contradictory interpretations and fully agrees with the principle of inevitability of criminal punishment, which is of great importance for the effective implementation of criminal law measures of crime counteraction.

Turnover of Electronic Funds: Civil Law Issues

10.12737/1556 ◽  
2013 ◽  
Vol 1 (12) ◽  
pp. 130-135
Author(s):  
Максим Коростелев ◽  
Maksim Korostelev
Keyword(s):  
Civil Law ◽  
Electronic Money ◽  
Legal Tender ◽  
Legal Nature ◽  
Definition Of ◽  
Legal Mechanism

The article is devoted to the definition of electronic money according to Russian legislation, its legal nature, legal mechanism of its transfer, to the question whether electronic money is legal tender in Russia as well as to the question whether electronic money emission constitutes deposit taking activity.

scholarly journals Purpose of Punishment as Reflection of Its Social Essence

2019 ◽  
Vol 10 (3) ◽  
Author(s):  
Aleksandra Bokovnya
Keyword(s):  
Social Justice ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
The Social ◽  
Legal Nature ◽  
Moral Damage ◽  
The Russian Federation ◽  
Definition Of ◽  
Criminal Legislation ◽  
Legal Character

The article studies the problem of punishment purposes in terms of increasing the importance of social justice and more consistent protection of the rights of victims from criminal acts. It substantiates a model of the hierarchical construction of purposes of criminal punishment based on analysis of the historical laws concerning the purposes of punishment and a comparative study of the legislation of modern states. According to the author, the Criminal Code of the Russian Federation should first outline the purposes of criminal legislation or criminal responsibility, and in terms of it should already specify the purposes of punishment and other measures of a criminal and legal nature. The RF Criminal Code should regulate the purposes of all measures of criminal and legal character. He also considers as reasonable the concrete definition of the content for purposes of restoring the social justice by indicating in the law the fact that punishment and other ways of criminal and legal character contribute to its restoration. The article also substantiates a proposal of regulating the property damage. The article also substantiates a proposal for regulating property damages and moral damage compensations as a different measure of criminal and legal character.

Justification of the cost representation services as one of the criteria of reasonableness (excessive) in reimbursement of expenses in civil and arbitration proceedings (problem statement)

2020 ◽  
pp. 383-389
Author(s):  
Valentin Nazarov ◽  
Ilya Volkov
Keyword(s):  
Legal Regulation ◽  
Legal Services ◽  
Narrow Sense ◽  
Problem Statement ◽  
Civil Proceedings ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
The Cost

We present a justified position that the definition of reasonableness (excess) in reimbursement of expenses is included in a wider range of problems associated with reasonableness in civil proceedings – problems of a doctrinal nature. We substantiate the argument that the legal nature of the “reasonable limits” for collecting expenses (especially, the justification for the representation services cost) does not have the effect of “pre-reflection” due to a number of objective reasons. We pay special attention to the neces-sity for legal mediation of the problem sector (and, in general, interested par-ticipation from the state, for example, when the Government of the Russian Federation is included in this process), concerning the justification of the cost of legal services for reimbursement of expenses in civil and arbitration pro-ceedings. We list materials of court practice on reimbursement of expenses for payment of the representative's services, confirming the polarity of posi-tions. We reflect other criteria that affect the justification of legal services cost in the context of the problem under consideration. We attempt to answer the question: what are the limits of such legal mediation of the problem sector: is there no risk of legalization in the narrow sense of this concept (excessive legal regulation)?

Problems of a Regulation of Norm on a Serving Sentence Delay to the Persons Having Juvenile Children

2020 ◽  
Vol 2 ◽  
pp. 45-49
Author(s):  
D. B. Laptev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Social Nature ◽  
Legal Nature ◽  
The Family ◽  
The Russian Federation ◽  
Definition Of

Article is devoted to a research of some problematic issues of a regulation of standard of Article 82 of the Criminal Code of the Russian Federation. Doctrinal approaches to definition of the legal nature of a delay of serving sentence are considered and the conclusion is drawn that it is other measure of criminal character which represents a special type of test at which potential execution of a sentence is put into dependence on observance by the convict in the period of a delay of duties of the family and legal or medico-social nature. Suggestions for improvement of standard of Article 82 of the Criminal Code of the Russian Federation regarding failure to provide a delay by the convict who committed crimes in the conditions of dangerous or especially dangerous recurrence, updating of the list of corpora delicti of terrorist orientation at which commission the delay of serving sentence is not granted, etc. are proved.

scholarly journals Self-employment as a form of entrepreneurship

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 491-498
Author(s):  
Anna Leonidovna Krivova ◽  
Elena Nemtchinova ◽  
Natalia Nicolaevna Grigor ◽  
Vladimir Aleksandrovich Mushrub ◽  
Vladimir Aleksandrovich Biryukov
Keyword(s):  
Law Enforcement ◽  
Economic Activity ◽  
Entrepreneurial Activity ◽  
Unified Approach ◽  
Self Employment ◽  
Legal Nature ◽  
The Russian Federation ◽  
Definition Of ◽  
Taxation System ◽  
To Receive

Nowadays, the state takes a close interest in the activities of self-employed citizens to receive additional revenues to the budget from tax revenues. The objective of this article is to assess the legitimacy of categorizing the self-employed as entrepreneurs, both in theory and law. An analysis of the legal nature of self-employment is undertaken. It is shown that the lack of clear qualification of this type of economic activity generates legal conflicts and problems of law enforcement. It is noted that the international practice has not developed a unified approach to the definition of "self-employment". The criteria, legal mechanisms of legitimation, and taxation system of the mentioned category of economic entities differ essentially. The article points out the position that the Russian legislation does not always justify referring the activity of self-employed citizens to a type of entrepreneurship. In several cases, the activity of self-employed people lacks the meaningful attributes of entrepreneurial activity established by the Civil Code of the Russian Federation.

scholarly journals The Legal Nature of Interrelations between a Deputy and Voters within the Framework of the Historical Development of Russia

2020 ◽  
Vol 10 ◽  
pp. 52-56
Author(s):  
Alla N. Gutorova ◽  
Keyword(s):  
Russian Federation ◽  
Soviet Period ◽  
Constitutional Court ◽  
Legal Nature ◽  
The Status ◽  
The Russian Federation ◽  
Democratic Principles ◽  
Main Components ◽  
Definition Of ◽  
The Relationship

There are actual problems connected with definition of the legal nature of the delegate’s mandate are considered in this article. Interaction of the delegate with voters largely determined determine by the legal nature of delegate’s mandate. The purpose of this study is to determine the relationship of the delegate and voters in the system of people’s representation in the Soviet period of development of our country. In most constitutions of foreign countries, a norm has been enshrined that characterizes the nature of the relationship between delegate and voters. In the Constitution of the Russian Federation, such a norm is absent, and it has not found its fixing either in federal or in regional legislation. The official interpretation of the nature of the delegate mandate by the Constitutional Court of the Russian Federation was not given. Therefore, to justify and understand the legal nature of the delegate mandate in the Russian Federation, it is necessary to analyze the state of this issue in the Soviet period. Despite the fact that the Soviet period gravitated to the imperative nature of the delegate mandate, nevertheless, only certain components of the imperative mandate were fixed in the legislation. In the “late Soviet” period, very democratic principles were enshrined in the legislation, but the question of the nature of the delegate mandate was not properly updated. Civil society during this period of time was more interested in the very right to participate in elections and the possibility of actually replacing a delegate mandate. In this connection, the status of deputies continued to “act by inertia”. Normative consolidation was found by all the main components of the imperative mandate, in connection with which, the idea of a “free” mandate is practically not traced.

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