Сurrent issues in regulatory property relations of spouses

10.12737/2070 ◽  
2013 ◽  
Vol 1 (5) ◽  
pp. 270-274
Author(s):  
Алла Серебрякова ◽  
Alla Serebryakova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Regulatory Property ◽  
Property Relations ◽  
The Past ◽  
Community Property ◽  
The Russian Federation

Over the past decade, the Russian Federation has changed the legal regulation of matrimonial property. Now there is a clear boundary between the personal and community property in law, but also formed the practice of the current legislation regulating property relations between spouses.

Restoring the financial health of debtors: Changing approaches in the legislation

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Health ◽  
Regulatory Enforcement ◽  
The Past ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Financial Recovery

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.

scholarly journals INDIVIDUAL LEGAL ACTS OF THE SUPREME COURT OF THE RUSSIAN FEDERATION ON FAMILY DISPUTES CONCERNING PROPERTY

Lex Russica ◽  
2020 ◽  
pp. 19-27
Author(s):  
O. N. Nizamieva
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Family Law ◽  
Legal Regulation ◽  
Legal Norms ◽  
Property Relations ◽  
The Supreme Court ◽  
The Family ◽  
Lower Courts ◽  
The Russian Federation

The article has analyzed the jurisprudence of the Supreme Court of the Russian Federation on family disputes that involve property issues, revealed features of implementation of functions of the highest court in this field. First, it is stated that the Supreme Court of the Russian Federation reviews decisions of lower courts mainly in cases where the application of family law rules is contradictory and unsettled. It is necessary to fill in a gap in family law, to resolve conflicts between certain legal norms, to choose between several possible interpretations of the law. Second, the judicial panels of the Supreme Court of the Russian Federation, making a determination on a particular case, clarify the meaning of legal norms, and sometimes under the guise of interpretation in fact correct ill-considered or outdated norms of family law. Third, the High Court reviews cases where there is a typical and widespread error in the application of a very clear and defined rule. Fourth, in individual legal acts it is possible to observe the concretization or change of the previously designated legal stances while maintaining the legislative rules in the same form. Using certain examples of cases considered by the Supreme Court of the Russian Federation on family disputes concerning property, the paper has demonstrated the mechanism of possible transformation of abstract, non-personified and doctrinally oriented provisions contained in the definitions of judicial boards of the Supreme Court to general legal regulators. The author has determined certain problems of legal regulation of property relations in the family that have not been settled by the Supreme Court of the Russian Federation.

scholarly journals Some issues of legal regulation (of the legal status) control and accounting bodies of municipalities

2020 ◽  
Vol 2020 (2) ◽  
pp. 82-88
Author(s):  
Oleg Kozhevnikov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Legal Analysis ◽  
Federal Law ◽  
Government Organization ◽  
The Past ◽  
The Status ◽  
The Russian Federation

Almost three decades have passed since the appearance of the Law of the Russian Federation from 06.07.1991 No. 1550-1 «On local self-government in the Russian Federation». Over the past historical stage, the regulatory framework of local self-government and its bodies has significantly transformed: this applies to the concept of local self-government, territorial and organizational foundations, and of course the legal status of individual local self-government bodies. This article provides a comparative legal analysis of certain provisions of Federal law No. 131-FZ of 06.102.2003 «On General principles of local self-government organization in the Russian Federation» and Federal law No. 6-FZ of 07.02.2011 «On General principles of organization and activity of control and accounting bodies of subjects of the Russian Federation and municipalities» in the part concerning control and accounting bodies of municipalities. Based on the results of this analysis, significant contradictions were identified in the basic Federal normative legal acts regulating the legal status of the control and accounting body of a municipality, which need to be corrected by the Federal legislator in order to increase the level of unity and consistency in the legal regulation of the status of one of the most important bodies in the system of local self-government-the control and accounting body of a municipality.

PARTY AND INDEPENDENT-INDIVIDUAL REPRESENTATION IN THE MECHANISM OF ENSURING THE DEMOCRATIC MANDATE OF THE POPULAR TRUST IN A CONSTITUTIONAL STATE

2020 ◽  
Vol 6 (4) ◽  
pp. 248-264
Author(s):  
Alla N. Gutorova
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Party System ◽  
Political Competition ◽  
Legal Regulation ◽  
The Past ◽  
Legal Method ◽  
National Representation ◽  
The Russian Federation ◽  
Independent Individual

The party system in contemporary Russia has a number of features that should be taken into account in the course of the legal research and search for the optimal correlation of party and independent (individual) representation in the constitutional mechanism of the popular trust mandate. In our opinion, it is the features of the Russian party system at the present stage of its historical development, not multiparty as such, that determine the main vector of constitutional-legal regulation of these public relations and the relevant assessment of this phenomenon in Russian legal science. The research methodology is based on a comparative legal method that allowed the comparison of party and independent representation in the popular representation system. The use of the historical and legal method is determined by the need to identify the features of the development of the party system in modern Russia through the prism of historical facts. The forecasting method has allowed determining the prospects of further development of the Russian political system. The constitutional system of the Russian Federation over the past decades has demonstrated a very decisive rejection of the one-party ideological system and the transition to the nascent but steadily developing multiparty system. As the real multiparty system and political competition become stronger, the individual-independent form of popular representation will give way to the party mandate of popular trust until the institution of “independent” single-member deputies becomes a thing of the past, not only in the State Duma, but also in the legislative (representative) bodies of the constituent entities of the Russian Federation. “Independent-individual” national representation is more preferably for the local government, that is non-partisan national representation (in the general federal sense). By its constitutional and legal nature, the municipal popular representation is “independent and individual” in relation to political parties.

scholarly journals Tax control over the computation and discharge of VAT in services rendered by foreign companies in electronic form on the territory of the Russian Federation: legal aspect

2021 ◽  
pp. 70-84
Author(s):  
Mikhail Aleksandrovich Eremkin
Keyword(s):  
Russian Federation ◽  
Legal Aspect ◽  
Value Added ◽  
Legal Regulation ◽  
Tax Administration ◽  
Foreign Companies ◽  
The Past ◽  
Electronic Form ◽  
The Russian Federation ◽  
Internet Company

This article is dedicated to the analysis of relevant problems of tax control in the e-commerce sector caused by digitalization and globalization of business. The author gives general characteristics to tax control as the key element of tax administration; examines the peculiarities of legal regulation of the value-added tax for services rendered by foreign companies in electronic form on the territory of the Russian Federation. Description is given to the amendments in the Russian legislation on taxes and fees related to the establishment of new rules of VAT taxation for electronic services provided by foreign suppliers, which have been enacted in the past five years. Attention is turned to such instrument of interaction of the Federal Tax Service of Russia with foreign companies as the “VAT office of a foreign Internet company”. Analysis is conducted on the major problems of tax control over the computation and discharge of VAT in rendering transboundary electronic services on the territory of the Russian Federation, which emerge also due to the gaps in legal regulation. The author outlines the vectors of improving tax control in this sphere. The conclusion is made on the need for amending the legislation of the Russian Federation on taxes and fees, further expansion of the use of digital technologies in tax administration, and creation of infrastructure necessary for automated interaction with various institutions and tax authorities of other countries, development of international cooperation, and formation of tax culture.

COMPARATIVE ANALYSIS OF THE LEGAL REGULATION OF CITIZENS' RIGHTS AND FREEDOMS UNDER THE CONSTITUTION OF THE USSR OF 1936 AND THE CONSTITUTION OF THE RUSSIAN FEDERATION OF 1993

2020 ◽  
Author(s):  
Victoria Akimova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Stages Of Development ◽  
Common Features ◽  
The Past ◽  
The Russian Federation ◽  
The Common

The evolution of legislative thought, the study of the stages of development of the USSR, and later Russia, is impossible without knowing the stages of evolution of legislative thought in the past. It is necessary to understand what tremendous work was done to create and adopt the Constitution of 1993. The purpose of this article was to highlight the common features and differences between the norms of the Constitution of the USSR in 1936 and the Constitution of the Russian Federation in 1993.

scholarly journals Some issues of legal regulation of electronic commerce in the Russian Federation

2018 ◽  
Vol 170 ◽  
pp. 01059
Author(s):  
Vladimir Belykh ◽  
Anna Gubareva ◽  
Larisa Dobrynina ◽  
Lubov Gudovicheva
Keyword(s):  
Electronic Commerce ◽  
Russian Federation ◽  
Legal Regulation ◽  
Global Scale ◽  
Global Market ◽  
The Internet ◽  
The Past ◽  
Legal Risks ◽  
The Russian Federation ◽  
Online Shops

Over the past ten years the Internet has developed into the global market space; now the commodities of online shops have already become accessible to the mass consumer on a global scale. The article analyzes the topical aspects of development of e-commerce in the Russian Federation and abroad (in the light of the experience of China). Special attention is devoted to the economic advantages of a segment of trade "business to customer" (B2C) and trans boundary-related legal risks that online-trade participants carry. The article outlines the prospects for the development of this sector in Russia in light of the "Strategy for the development of electronic commerce for the period until 2025".

scholarly journals Recovering financial sustainability of debtors: present-day legislative development trends

2021 ◽  
Vol 118 ◽  
pp. 04008
Author(s):  
Andrey Leonidovich Belousov ◽  
Vandan-Ish Amarsanaa
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
The Past ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
Business Entities ◽  
Market Relations ◽  
Significant Support ◽  
Comprehensive Study

The purpose of the research is to study the problems rooted in the development of relations in the sphere of bankruptcy in the Russian Federation, connected with the inefficiency of procedures aimed at financial rehabilitation of business entities, as well as to identify the main directions for further changes in the legal regulation of this area. The methodological basis was based on the application of such research methods as logical and structural analysis, systemic-functional approach, formal legalistic method. The research resulted in the disclosure of substance, features and legal regulation of such an important mechanism of market relations as a bankruptcy. As part of the research, the authors present the evaluation of law enforcement practice based on the norms of the current legislation on insolvency. A particular result of its regulatory impact is cumulatively assessed. The key problems of the law enforcement practice that has been formed within the past 20 years, as concerns the sphere of insolvency of business entities, have been formulated. The further directions of changes in legal regulation with regard to the relations in the sphere of bankruptcy in the Russian Federation have been outlined. It was concluded that, in the current situation, a change of approaches to the current bankruptcy system in favour of extending the use of rehabilitation procedures can provide significant support to businesses facing a difficult financial situation. The novelty of the research lies in a comprehensive study of the problems connected with the inefficiency of rehabilitation procedures, and in the formulation of concrete proposals for improving the legal environment in the sphere of bankruptcy.

scholarly journals Problems of Legal Regulation of Land and Property Relations in Russian Resorts

Lex Russica ◽  
2019 ◽  
pp. 148-160
Author(s):  
O. A. Romanova
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Local Population ◽  
Legal Regulation ◽  
State Ownership ◽  
Public Interests ◽  
Property Relations ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Definition Of

The paper is devoted to the consideration of current theoretical and practical issues of legal regulation of land and property relations in the territories of resorts in the Russian Federation. The relevance of the research topic is due to the imperfection of the current land and special legislation governing these relations, which leads to numerous violations of the legal regime of the land resorts, land and property rights of individuals and public interests, as evidenced by judicial practice. Based on retrospective analysis of land and environmental legislation of the Russian Federation, materials of law enforcement practice and scientific developments, the paper considers both theoretical problems of limiting the turnover of land within the territory of Russian resorts, and the problems of the application of legislation in practice, including in judicial practice. The author shows the inefficiency of the current legal regulation of land and property relations within the territory of resorts, the main reasons for the situation, the ways to improve land and special legislation in this area. It is concluded that the unjustified restriction of land turnover within the boundaries of the territories of resorts and the delimitation of state ownership of the relevant land, depending on the classification of the resort to Federal, regional and local significance, which prevents the development of these territories and violates the property rights of the local population and the owners of real estate. The problems of establishing the borders of districts and zones of sanitary (mountain-sanitary) protection of resorts in documents and when being identified on site are shown. The author justifies the conclusion about the need for development of a new scientific technique of definition of borders of the specified districts and zones and on its basis of revision of their existing borders that is necessary for establishment of reasonable restrictions of use and turnover of the parcels of land in borders of resorts is proved.

scholarly journals Problems of Interpretation of Paragraph 2 of Article 35 of the Family Code of the Russian Federation in Russian Legal Science and Jurisprudence

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 9-19
Author(s):  
A. A. Dobrovinskiy
Keyword(s):  
Russian Federation ◽  
Common Property ◽  
Legal Regulation ◽  
Property Relations ◽  
The Supreme Court ◽  
The Family ◽  
The Russian Federation ◽  
The Common ◽  
Relationship Of ◽  
Family Code

The paper analyzes the issues of interpretation and application of the presumption of spousal consent in transactions involving the common property of spouses. Presumption of spousal consent to carry out transactions with common property is considered in the context of its correlation with the principle of equality of spouses, including property relations. The paper deals with the jurisprudence on this issue, including the decisions of the Supreme Court of the Russian Federation. The author has determined practical problems in the field of application of this rule of law. The author comes to the conclusion that the legal regulation of the legal regime of property of spouses, in force at present, has a number of shortcomings that not only violate the rights of co-owners of the specified property, but also, in our view, are often contrary to the law. In particular, the current jurisprudence with regard to paragraph 1 of section 2 of Article 35 of the RF Family Code contradicts both the constitutional rule enshrined in Article 35 of the Constitution of the Russian Federation providing for the protection of the interests of the owner and the norms of the Family Code of the Russian Federation establishing the principle of equality of spouses in property relations (Articles 21, 31, 35). The paper gives reasonable proposals to improve the legislation. To this end, the author suggests the following wording for Paragraph 1 of Section 2 of Article 35 of the Family Code of the Russian Federation: “When one of the spouses carries out a transaction in the administration of the common property of the spouses, it is assumed that one spouse acts with the consent of the other spouse. This assumption applies exclusively to the legal relationship of spouses with third parties.”

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