Problems of Debt Collection Legal Regulation

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Марина Белобабченко ◽  
Marina Belobabchenko
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Federal Law ◽  
Consumer Loans ◽  
Primary Activity ◽  
Legitimate Interests ◽  
The Subject ◽  
Debt Collection ◽  
State Registration

The subject of this article is the regulations adopted on 21 June 2016 State Duma of the Russian Federation and entered into force on 3 July 2016 the Federal law No. 230-FZ “On Protection of Rights and Legitimate Interests of Individuals with the Implementation of Overdue Debts and on Amendments to the Federal Law “On Microfinance Performance and Microfinance Organizations”. The author analyzes the effectiveness of the existing regulatory framework governing the activities of organizations to collect overdue debts of individuals. It should be stated that the existing rules do not ensure protection of the rights and interests of individuals in arrears on consumer loans from illegal actions of collectors and at the same time do not regulate the legal framework within which collectors must perform. The current regulatory framework does not provide the balance of the interests of debtors and collection agencies. All these led to the need for a special law to regulate the activities of collection agencies. The adopted Law sets the mandatory state registration of organizations whose primary activity is the collection of debts. It defines the requirements both to the organization (in terms of charter capital and the order of formation) and to its employees when they undertake activities on debt collection. The law has a number of controversial provisions, which are considered by the author of the article; however, in whole a positive evaluation is given.

scholarly journals External financial control in the Russian Federation: the essence and legal framework

2019 ◽  
pp. 151-157 ◽  
Author(s):  
V. K Khomushku
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Financial Control ◽  
Market Reforms ◽  
Federal Law ◽  
Present Stage ◽  
Stage Of Development ◽  
The Russian Federation

The genesis of the essence and foundations of the legal regulation of financial control in Russia since the market reforms of the 1990s and to the present time has been considered. The current regulatory framework and general characteristics of the system of external state and municipal financial control in the Russian Federation have been introduced. The main provisions of the Federal law dated 7 February 2011 No 6-FZ «On general principles of organization and activity of control and accounting bodies of the Russian Federation and municipalities» have been considered. The main tasks, remaining at the present stage of development of the system of state financial control in the Russian Federation have been disclosed.

Harmonization of the Russian Federation Legislation with Current International Recommendations

2021 ◽  
Vol 66 (6) ◽  
pp. 111-115
Author(s):  
O. Kochetkov ◽  
V. Klochkov ◽  
A. Samoylov ◽  
N. Shandala
Keyword(s):  
Russian Federation ◽  
Radiation Safety ◽  
Strong Relationship ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Federal Law ◽  
Safety Standards ◽  
Legal Documents ◽  
Article Analysis ◽  
The Russian Federation

Purpose: Harmonization of the Russian Federation legislation with current international recommendations Results: The concept of the radiation safety system has been significantly modified by recommendations of ICRP (2007) and IAEA (2014). An analysis of existing international regulatory framework for radiation safety allowed to identify the main provisions to be implemented in the Russian legal and regulatory framework. It’s showed that the current Federal Law of 09.01.1996 No. 3-FZ «On Radiation Safety of Population» must be ultimately revised to be harmonized with international documents. General approaches to legal regulation of radiation safety should be essentially modified to create a strong relationship between this law and other regulatory and legal documents in force in the Russian Federation. Conclusion: An article-by-article analysis of the current Federal Law of 09.01.1996 No. 3-FZ «On Radiation Safety of Population « showed the need to modify 22 existing articles and add 12 new articles in order to harmonize it with international documents. Given such a large volume of modification it is advisable to pass a new law with simultaneous abolition of the current federal law. A new name has been proposed: Federal Law of the Russian Federation «On Radiation Safety in the Russian Federation». The enactment of the Federal Law of the Russian Federation «On Radiation Safety in the Russian Federation» with the main by-laws approved by the Russian Federation Government – «Radiation Safety Standards» and «Basic Rules for Ensuring Radiation Safety» – will allow to establish an actual regulatory framework for ensuring radiation safety of personnel and population in Russia.

scholarly journals MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova
Keyword(s):  
Medical Practitioner ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Psychiatric Examination ◽  
Legal Norms ◽  
The Subject ◽  
Forensic Psychiatric

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

scholarly journals The problems of cross-border personal bankruptcy in russian and chinese legislation and practice

2017 ◽  
Vol 1 (3) ◽  
pp. 160-167
Author(s):  
Tatiana Kareva ◽  
Vadim Sonin
Keyword(s):  
Legal Regulation ◽  
Federal Law ◽  
Personal Bankruptcy ◽  
Methodological Basis ◽  
Russian Territory ◽  
Cross Border ◽  
Scope Of Application ◽  
Bankruptcy Procedure ◽  
The Subject ◽  
The Cross

The subject of the article is the legal and practical problems of cross-border personal bankruptcyin Russia and China.The main goal of this work is to analyze the major issues and obstacles in recognition andenforcement of Russian individual bankruptcy decisions in China and introduce it to Russianscholars and legal professionals.The methodological basis is analysis of the Russian and Chinese legislation, judicial practiceand special literatureThe results, scope of application. This article discusses the possibility of applying the provisionsof the Federal Law On Insolvency (Bankruptcy) to the Chinese nationals registered asindividual entrepreneurs in Russia. The article also reviews the Chinese legal regulation andoffers recommendations on execution of the court judgments on bankruptcy and collectionof debts from the PRC nationals. Existing Russian legislation allows to recognize the foreignnationals as bankrupts. The provisions on the cross-border insolvency also apply to them.The bankruptcy in China is not applied currently to the individuals, although theoretically itmay affect their property sphere during the bankruptcy of an individual private enterprise.Conclusions. The cross-border insolvency of the Chinese nationals encounters obstacles on threelevels. Firstly, the awards of the Russian arbitration courts have not been practically enforced inPRC due to inadequate notification of the Chinese party in the case. Secondly, Chinese courts inprinciple are extremely reluctant in recognizing foreign judgments on bankruptcy, such cases areexceptional. Thirdly, there is no personal bankruptcy institution in the PRC, while similar procedureslike bankruptcy of individual private enterprises are not applied in reality, and there are nolegislative prospects for the personal bankruptcy in the nearest future. Therefore, when conductingthe bankruptcy procedure for the Chinese nationals on the Russian territory, one can onlycount on their property located on this side of the border.

scholarly journals Problems of legal protection of rights and legitimate interests of consumers of telematic communication services in the context of the implementation of certain provisions of the federal law "On the contract system in the procurement of goods, works, services to meet state and municipal needs" in the provision of educational services

2021 ◽  
Vol 1 (11) ◽  
pp. 20-23
Author(s):  
A.V. MIRONOV ◽  
Keyword(s):  
Service Provider ◽  
Legal Protection ◽  
Legal Regulation ◽  
Educational Services ◽  
Communication Service ◽  
Federal Law ◽  
Communication Services ◽  
Legitimate Interests ◽  
Communications Services

Based on the analysis of the current civil legislation regulating the sphere of services as well as the legislation on communications, the article deals with the problems of legal regulation of telematic communications services. We are talking about gaps in the specialized legislation, which do not allow creating the necessary guarantees of the quality of the provided communication services as well as the importance of ensuring the ratio of the norms of the specialized legislation and the norms of civil legislation in connection with the presence of a general subject of legal regulation. The problems of defining essential and obligatory conditions in contracts for the provision of telematic communication services are disclosed, in particular, the presence of the discretion of the communication service provider in determining the "quality range", which significantly infringes upon the rights of consumers. The issues of legal regulation of blocking sites due to the presence of violations determined by the legislation on communications are considered: at present there are no criteria for the unlawful use of telematic communication services as well as real leverage on unscrupulous consumers from operators.

scholarly journals DIGITAL CURRENCY AS A SUBJECT OF CRIME AND A MEANS OF COMMITTING CRIMES

2021 ◽  
pp. 5-8
Author(s):  
A.A. Korennaya
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Federal Law ◽  
Digital Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Official Recognition

In this article, the author examines the issues of the criminal legal status of digital currency as an objectand as a means of committing a crime. In 2020, a special Federal law was adopted defining the legal status ofdigital assets, as well as amendments were made to the Civil Code of the Russian Federation concerning theestablishment of the legal status of cryptocurrency or digital currency in the terminology of these regulationsas an object of civil rights. Significant changes in the civil legal regulation of cryptocurrencies have led to achange in approaches to assessing the criminal legal status of virtual money. In particular, the recognitionof digital currency by other property has allowed solving a number of qualification issues, but until now,criminal law is very cautious about the official recognition of cryptocurrency as the subject of a crime. Theauthor of the work offers options for the qualification of crimes committed using digital currency, in theabsence of changes in the criminal law and explanations of the Highest Court.

scholarly journals PROBLEMS OF REGULATION OF INFORMATION INTERMEDIACY IN THE FIELD OF TRADE WITHIN THE LEGAL FRAMEWORK OF THE EURASIAN ECONOMIC UNION

2021 ◽  
Vol 7 (2(42)) ◽  
pp. 8-11
Author(s):  
Sergey Sergeevich Lapin
Keyword(s):  
Special Kind ◽  
Legal Framework ◽  
Regulatory Framework ◽  
Main Condition ◽  
Eurasian Economic Union ◽  
The Status ◽  
The Subject ◽  
Economic Union

This article aims to identify the position of the institution of information intermediacy within the framework of a combination of the aspects of disclosure of relations, the subject of which is information that is conceived as an intangible good of a special kind, the main condition for the existence of which is an indissoluble connection with the material carrier, with the aspect of international legal trends in the course of neighborhood integration that have been the most relevant for our country for many years. The status of the main participants in these legal relations related to the transfer of material, its placement, as well as the procedure for implementing the organizational foundations of their activities, is not sufficiently disclosed in the considered Eurasian legal field, which gives grounds for further consolidation of the regulatory framework in this area.

scholarly journals On the procedure for calculating the time periods of non-exploitation of agricultural lands at their withdrawal from users

2019 ◽  
pp. 39-46
Author(s):  
Galina Leonidovna Zemlyakova
Keyword(s):  
Agricultural Land ◽  
Legal Regulation ◽  
Federal Law ◽  
Agricultural Lands ◽  
Scientific Methods ◽  
Legal Norms ◽  
Unused Land ◽  
Special Scientific ◽  
General Scientific ◽  
The Subject

The subject of the research is the legal norms regulating the procedure for calculating the terms of non-use of agricultural lands, which allow state authorities to apply the procedure for their withdrawal from unscrupulous owners. In this regard, the author performs a retrospective analysis of the law regulating the turnover of agricultural land, taking into account all the changes and amendments, and identifies the shortcomings in the legal regulation of this sphere which prevent the involvement of land plots in agricultural turnover.The study is based on such general scientific methods as analysis, synthesis, generalization, comparison, as well as the following special scientific methods: historical-legal, formal-legal.The author concludes that repeatedly introduced amendments to article 6 of the Federal law of July 24, 2002 No. 101-FZ "on the turnover of agricultural land" have specified the rules governing the procedure for the withdrawal of unused land plots from owners. However, it has not solved the problem of non-use of land suitable for agricultural production.

scholarly journals Legal regulation of crypto assets in Switzerland

2020 ◽  
pp. 1-10
Author(s):  
Ilya Mikhailovich Lifshits ◽  
Alina Vitalievna Loseva
Keyword(s):  
Developed Countries ◽  
Legal Framework ◽  
Legal Regulation ◽  
Fund Raising ◽  
Legal Regime ◽  
Special Contribution ◽  
European Languages ◽  
Different Types ◽  
The Subject ◽  
Complex Regulation

The development of cryptocurrency markets make the investors to seek for most convenient jurisdictions from the perspective of legal regulation. The countries commonly associated with the developed financial legal systems are often fasten attention. One of such financial hubs is Switzerland, which just starts to form the approaches towards creation of legal regime for operations with virtual assets. The subject of this research is the Swiss legal acts in area of securities, licensing, taxes related to regulation of cryptocurrency, as well as reports of the supervisory authorities for Swiss financial market on the matter. The object of this research is the legal framework for regulation of mining activity. The authors examine the rules dedicated ti the questions of licensing of the activity related to operations with different types of tokens. Special attention is given to the question of taxation of the income received from operations with cryptocurrencies. The author’s special contribution consists in comprehensive analysis of foreign sources presented on the three European languages. Having analyzed the legislation of Switzerland, the conclusion is made that similar to many developed countries, Switzerland has not created a complex regulation of operations with cryptocurrencies. At the same time, the normative acts that regulate certain aspects of circulation of crypto assets, such as fund raising in terms of tokens distribution and taxation have been adopted. Regulation of crypto assets often depends on the qualification of different types of tokens, in other words, their regime is consigned to the operations with such assets that are most similar to the corresponding type. The increase of operations with crypto assets will soon inevitably result in creation of a more accurate legal regime

scholarly journals ETHNIC PUBLIC ORGANIZATIONS IN KHAKASSIA

2020 ◽  
Vol 384 (2) ◽  
pp. 162-168
Author(s):  
T. N. Medvedeva ◽  
Y. K. Troyakova
Keyword(s):  
Ethnic Groups ◽  
Historical Analysis ◽  
Public Organizations ◽  
Legal Framework ◽  
Federal Law ◽  
Southern Siberia ◽  
Legal Method ◽  
Comparative Historical Analysis ◽  
The Subject ◽  
Ethnic Orientation

The purpose of the study of the legal basis for the activities of ethnic public organizations in Khakassia as exemplified by the Khakass regional public movement of the Khakass people. We study the characteristics of the organizational structure of ethnic public organizations. The author's position is proposed related to the amendment of existing legislation. Significantly the importance of public associations is increased, since they are not only a means of spiritual unification of ethnic groups, but also help to mitigate national contradictions on the basis of cooperation between the relevant ethnic group and the authorities, with other ethnic groups, these most important factors contribute to the formation of a tolerant attitude to the socio-cultural identity of each nation. To clarify more deeply the various wordings of the analyzed regulatory provisions the study uses the legal method. Also applied are the methods of historicism, sociocultural determinism, synchronization and diachroni-zation. In addition, a comprehensive and systematic comparative-historical analysis, chronologization, classification and typology of public organizations are used. As a promising method, a retrospective analysis is implemented, which allows you to study life activity and functioning of social organizations of ethnic orientation in evolution. The authors conclude in the subject of the Russian Federation practically established a regional regulatory – legal framework governing the activity of public organizations of ethnic orientation. It requires the publication of a comprehensive federal law regulating important issues of national, cultural, linguistic revival of the indigenous peoples of Southern Siberia.

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