Problems of administrative responsibility for violation of the law on banks and banking

2016 ◽  
Vol 11 (3) ◽  
pp. 126-136
Author(s):  
Гончарук ◽  
Natalya Goncharuk ◽  
Кулаженкова ◽  
Nataliya Kulazhenkova
Keyword(s):  
Comparative Analysis ◽  
Research Topic ◽  
Federal Law ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Federal Laws ◽  
The Law ◽  
Banks And Banking ◽  
Administrative Code ◽  
Administrative Responsibility

In the article the phenomenon of discussion in legal science and practice, of administrative responsibility for violation of the law on banks and banking activities is discussed. The relevance of the research topic is determined by the fact that the litigation of violations in this sphere causes difficulties in judicial practice, because the rules of banks and banking activities are also contained in other federal laws, causing significant controversy in determining proper measures of responsibility. The article provides a comparative analysis of the legal liability for violation of the law on banks and banking activities, provided by the rules of the Administrative Code and the Federal Law «On the Central Bank of the Russian Federation (Bank of Russia)»; types of interventions provided for banking offenses are discussed and the ways of solving the problem are indicated.

scholarly journals Responsibility for crimes under the articles 210 and 210.1 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 147-152 ◽  
Author(s):  
Михаил Кармановский ◽  
Mikhail Karmanovsky ◽  
Елена Косьяненко ◽  
Elena Kosyanenko
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Organization ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Federal Law ◽  
Administrative Functions ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Law

Article is devoted to the changes made to the Criminal Code of the Russian Federation by the Federal law of the Russian Federation of April 1, 2019 № 46-FZ on toughening of punishment for establishing a criminal organization or participation in it. Innovations concerned all parts of article 210, in particular criminal liability amplified (generally a penalty) and part 11 of article 210 appeared. Besides, the law entered new article 210.1 of the «Occupation of the highest situation in criminal hierarchy». Having analyzed statistics, only one fact of involvement of such person to criminal liability for establishing a criminal organization is elicited. Him was «thief in law» who carried out organizational and administrative functions concerning criminal community and its participants. One example of judicial practice by part 4 of article 210 of the Criminal Code of the Russian Federation «the person taking the highest position in criminal hierarchy», proves existence of difficulties at procedural proof. However these problems will not arise in the situation provided by article 210.1 as to prove that such person makes act it is not necessary. There is enough of fact that this person holds the highest position in criminal hierarchy. Meanwhile, noted edition of the law contradicts the theory of criminal law, regarding criminal prosecution only for criminal action.

scholarly journals Compliance with the Principle of Federalism in Bringing to Administrative Responsibility

2020 ◽  
Vol 1 (12) ◽  
pp. 17-25
Author(s):  
A. V. Rudenko
Keyword(s):  
Russian Federation ◽  
Public Authorities ◽  
The Public ◽  
The Subject ◽  
The Russian Federation ◽  
The Law ◽  
Administrative Code ◽  
Different Levels ◽  
Administrative Responsibility

The subject of the study is the extension of the principle of federalism on the validity of the Code of Administrative Offences of the Russian Federation. The paper raises the issue of its extension to normative legal acts adopted by the public authorities of the constituent entities of the Russian Federation and municipal normative legal acts. The author has analyzed the decisions of courts of different levels on bringing to administrative responsibility on the basis of the Administrative Code of the Russian Federation for violations of the law rules of constituent entities of the Russian Federation. The article contains conclusions about the need to correct the provisions of Article 1.3 of the Administrative Code of the Russian Federation. The proposed design of the norm will clearly delineate the powers of the Russian Federation and the constituent entities of the Russian Federation in determining administrative responsibility and excluding the possibility of brining to administrative responsibility for the violation of normative legal acts of constituent entities of the Russian Federation and municipal bodies on the basis of the rules of the Administrative Code of the Russian Federation.

scholarly journals Procedure and Payroll Schedule as a Guarantee of Workers' Rights: New Legislative Solutions Are Needed

2018 ◽  
pp. 136-144
Author(s):  
V. A. Abalduev
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Local Level ◽  
Fundamental Importance ◽  
Federal Law ◽  
Judicial Practice ◽  
State Supervision ◽  
The Russian Federation ◽  
The Law ◽  
Modern Experience

The Russian legislation regulating the procedure and payroll schedule is of fundamental importance for ensuring the property rights of employees. However, there are some shortcomings, which can be found in the content of the norms provided for in Art. 136 of the Labor Code of the Russian Federation. Federal Law No. 272-FZ of July 3, 2016, eliminated some miscalculations regarding the specification of the payroll schedule made by the legislator. At the same time, there were gaps and questions that needed more precise, complete and uniform regulation. This causes difficulties when applying Art. 136 of the Labor Code of the Russian Federation by employers, creates contradictions in the activities of state supervision bodies and in judicial practice. The analysis of the law and modern experience of its implementation made it possible to identify the uncertainty and other omissions in regulating the payment of earnings at the local level, in documenting such payments, in the composition requirements for each half of the month, and other more particular aspects of this group of relations. These problems can not be eliminated by the official interpretation of the federal bodies of labor administration. They require a revision of the norms of the Labor Code of the Russian Federation. The author substantiates such changes and provides the draft of the new edition of Art. 136 of the Labor Code of the Russian Federation.

scholarly journals Failure to Comply with the Legal Requirements of the Bailiff as a Sign of Violation of the Legislation on Enforcement Proceedings

2020 ◽  
Vol 4 (91) ◽  
pp. 29-33
Author(s):  
A.O. Shveyger ◽  
Keyword(s):  
Russian Federation ◽  
Legal Requirements ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Objective Side ◽  
Administrative Code ◽  
Administrative Responsibility

The sphere of enforcement proceedings is a part of the system of the mechanism for the implementation of judicial acts and acts of other bodies and officials adopted in order to implement the legislation of the Russian Federation and restore broken relations. Officials of the enforcement agency have the authority to make decisions that are binding on their addressees. In case of failure to comply with such decisions, the current legislation provides for administrative liability. In judicial practice, disagreements often arise about the content of the objective side of Article 17.14 of the Administrative Code of the Russian Federation. The article analyzes the question of the characteristics and scope of the bailiff’s requirements, the failure to comply with which entails administrative responsibility. The conclusion about the legality or illegality of bringing to administrative responsibility for this offense is argued.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Official discipline of civil servants: legal framework

2021 ◽  
pp. 434-442
Author(s):  
A.Ya. Petrov
Keyword(s):  
Russian Federation ◽  
Civil Service ◽  
Legal Framework ◽  
The State ◽  
Legal Issues ◽  
Civil Servants ◽  
Federal Law ◽  
Judicial Practice ◽  
The Russian Federation

On the basis of the analysis of Art. 11 of the Labour Code of the Russian Federation, Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” and judicial practice, topical legal issues of the official discipline of State civil servants are considered.

scholarly journals The Material and Procedural Aspects of Non Bis In Idem Principle in Proceedings on Administrative Offenses

2021 ◽  
Vol 4 ◽  
pp. 39-42
Author(s):  
Artem R. Nobel ◽  
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Procedure ◽  
European Court ◽  
The Russian Federation ◽  
Administrative Responsibility

The essence of the principle of one-time administrative responsibility is considered, its concept and proposals for improving the provisions of the Code of Administrative Offenses of the Russian Federation are formulated. The conclusions are based on the provisions of the legislation on administrative offenses, the legal positions of the highest courts of the Russian Federation, the European Court of Human Rights, a comparative analysis of the current criminal and criminal procedure legislation. The operation of the principle non bis in idem in proceedings on the cases of administrative offenses is revealed by highlighting the material and procedural elements that make up its content.

scholarly journals Concerning certain issues of legal regulation, goal-setting, management and work of the bank of Russia

2019 ◽  
pp. 66-80
Author(s):  
O. V. Morozov ◽  
M. A. Vasiliev ◽  
A. G. Biryukov
Keyword(s):  
Central Bank ◽  
Goal Setting ◽  
Russian Federation ◽  
Legal Regulation ◽  
Federal Law ◽  
State Governance ◽  
The Russian Federation ◽  
Federal Laws ◽  
Working Out ◽  
Reserve System

The Central Bank, the emission center, the reserve system, the federal treasury all these and other names are used to show the element of economy of a concrete state functioning, which controls money, i.e. estimates and administrates the money mass, buying capacity of residents in respect of goods, jobs and services, exerts influence on inflation processes and so on. The article provides results of researching the standing of normative and legal regulation, practice of using authority and responsibility, specific features of the Bank of Russia functioning as a relatively independent body of state governance and on this basis the articles studies the trends of improving management, norms of work development, procedures of working out and submitting to the State Duma of the Federal Assembly of the Russian Federation reports on federal laws bills, whose regulation is included in the competence of the Central Bank. Proposals dealing with amendments to the Federal law ‘About the Central Bank (the Bank of Russia)’ were formulated.

scholarly journals THE MAIN CRITERIA FOR MASS RESIDENTIAL AND PUBLIC BUILDINGS IN RUSSIA ARE THE TERMS OF THEIR OPERATION

2021 ◽  
Vol 7 (1(37)) ◽  
pp. 23-28
Author(s):  
A.V. Maslyaev
Keyword(s):  
Main Task ◽  
Natural Phenomena ◽  
Rural Settlements ◽  
Federal Law ◽  
Public Buildings ◽  
Maximum Period ◽  
The Russian Federation ◽  
Federal Laws ◽  
The Individual ◽  
Capital Construction

For the reason that approximately 95% of the population of Russia is located in urban and rural settlements, therefore, the construction system of Russia should recognize the «construction of settlements» as its main task. However, in federal laws and regulations of the Russian Federation construction content is not even recognized as “capital construction objects”. Moreover, Federal Law No. 384-FZ does not even contain a record that the individual buildings and structures considered in them are intended (not intended) for construction in the territories of settlements. The article substantiates that mass residential and public buildings in order to protect the life and health of people under the influence of hazardous natural phenomena should be erected only with the maximum period of their operation.

scholarly journals ON THE ISSUE OF CRIMINALIZATION OF CRIMINAL ACTS RELATED TO THE SPREAD OF CORONAVIRUS INFECTION

2021 ◽  
Vol 31 (2) ◽  
pp. 243-250
Author(s):  
E.R. Gafurova
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Federal Law ◽  
Sociological Study ◽  
False Information ◽  
Judicial Practice ◽  
Foreign Countries ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the issues of improving the Russian criminal legislation on toughening responsibility in the context of coronavirus infection. The author analyzes the effectiveness of measures to tighten criminal liability for violations of quarantine measures in order to counter the spread of coronavirus infection in foreign countries and presents proposals for improving Russian criminal legislation, taking into account the data of a sociological study conducted among citizens of the Russian Federation. In order to study the norms of criminal legislation introduced by Federal Law No. 100-FZ of 01.04.2020, on liability for the dissemination of deliberately false information about circumstances that pose a threat to the life and safety of citizens, examples of judicial practice are given. There is a promising tightening of legal liability in the context of the spread of coronavirus infection in Russia based on the experience of foreign countries.

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