Nature of Intangible Benefits and Their Protection

10.12737/2577 ◽  
2014 ◽  
Vol 2 (3) ◽  
pp. 27-33
Author(s):  
Владимир Андреев ◽  
Vladimir Andryeyev

In article according to standards of the Federal law of July 2, 2013 No. 142-FZ “On modification of subsection 3 of the section I of part one of the Civil Code of the Russian Federation” are studied a being of the intangible benefits and their protection. Properties of the intangible benefit as right subject form of the person and citizen, other than a common property right are established. Classification of the intangible benefits is given, specific ways of their protection are considered.

Author(s):  
Ольга Юрьевна Косова

В статье анализируются положения законопроекта, вносящего изменения и дополнения в ст. 34, 39 Семейного кодекса Российской Федерации, дается их оценка, высказываются предложения по редактированию. Обращается внимание на использование в законопроекте отдельных базовых для регулирования имущественных отношений собственности терминов, например, «имущество», «раздел общего имущества супругов». Обосновывается вывод, что общие долги супругов не могут входить в состав их общего имущества. The article analyzes the provisions of the bill introducing amendments and additions to Articles 34, 39 of the Family Code of the Russian Federation, gives their assessment, makes suggestions for editing. Attention is drawn to the use in the draft law of certain basic terms for regulating property relations of ownership, for example, «property», «division of the common property of spouses». The conclusion is substantiated that the common debts of spouses cannot be part of their common property.


2020 ◽  
Vol 22 (4) ◽  
pp. 208-211
Author(s):  
V. A. Sokolov ◽  
I. F. Shpakov ◽  
Ya. L. Butrin

The key questions concerning particular sections of the topic Burns in Emergencies are presented. Particular attention is paid to the presentation of terminology. For this, the wording of the Federal Laws, Government Resolutions and Orders of the Ministry of Health of the Russian Federation were used. In accordance with the latter, the classification of emergency situations is given, as well as the criteria by which their damage is assessed. It has been established that the involvement of the forces and means of the Ministry of Defense in the elimination of the consequences of emergency situations is spelled out in the Federal Law. In addition, an argument is made on what basis the citizens of the Russian Federation are obliged to constantly improve their knowledge and practical skills in studying numerous issues of protecting the population, providing assistance to victims, in carrying out emergency rescue operations, etc. situations that led to massive burns. Key features of burns as injuries sustained in emergency situations are formulated. Also, aggravating circumstances are listed that negatively affect the general condition of the victims. The role and place of clinical guidelines as a fundamental development governing the sequence of the organization and content of medical care for those burned at the stages of medical evacuation are indicated. Attention is drawn to the legal significance of the problem.


Author(s):  
Irina Damm ◽  
Aleksey Tarbagaev ◽  
Evgenii Akunchenko

A prohibition for persons holding government (municipal) positions, for government (municipal) employees, and some other employees of the public sphere who are public officials to receive remuneration (gifts) is aimed at preventing bribery (Art. 290, 291, 291.2 of the Criminal Code of the Russian Federation), and could be viewed as a measure of anti-corruption criminological security. However, the existing collisions of civil, administrative and criminal law norms that regulate this prohibition lead to an ongoing discussion in research publications and complexities in practice. The goal of this research is to study the conditions and identify the problems of the legal regulation of receiving remuneration (gifts) in connection with the performance of official duties that prevent the implementation of anti-corruption criminological security. The authors use the legal theory of security measures to analyze the provisions of Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation and Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», examine the doctrinal approaches to defining the priority of enforcing the above-mentioned norms, study the significant features of the category «ordinary gift» and conduct its evaluation from the standpoint of differentiating between gifts and bribes, also in connection with the criteria of the insignificance of the corruption deed. The empirical basis of the study is the decisions of courts of general jurisdiction. The authors also used their experience of working in Commissions on the observance of professional behavior and the resolution of conflicts of interests at different levels. The conducted research allowed the authors to come to the following fundamental conclusions: 1) the special security rule under Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», which sets a full prohibition for government employees to receive remuneration (gifts) in connection with the performance of official duties, contradicts Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation (the existing legal-linguistic vagueness of categories in Art. 575 of the CC of the RF leads to problems in law enforcement and makes a negative impact on the anti-corruption mentality of people); 2) as the concepts «gift» and «bribe» do not logically intersect, the development of additional normative legal criteria for their delineation seems to be unpromising and will lead to a new wave of scholastic and practical disagreements; 3) the introduction of a uniform and blanket ban on receiving remuneration (gifts) in the public sphere by eliminating Clause 3, Part 1, Art. 575 of the CC of the RF seems to be an effective measure of preventing bribery, and its application is justified until Russian society develops sustainable anti-corruption mentality.


2021 ◽  
Author(s):  
Natalia Kapyrina ◽  
Viacheslav Rybchak

Abstract Federal Law 230-FZ of 26 July 2019 modifying Part Four of the Civil Code of the Russian Federation and Arts. 1 and 231 of the Federal Law ‘On State Regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limitation of the consumption (drinking) of alcoholic products’


2016 ◽  
Vol 10 (2) ◽  
pp. 151-163 ◽  
Author(s):  
Ольга Кобелева ◽  
Olga Kobeleva ◽  
Лилия Духовная ◽  
Liliya Dukhovnaya ◽  
Ирина Шпагина ◽  
...  

Today the hotel business enterprises in the Russian Federation are still in their infancy, lagging behind from major hotel chains by the level of development in average of 10-15 years. However, a gradual process of increasing of hotel room stock, the active implementation of new technologies and methods of guest services in the hotel market gradually allows Russian means of accommodation to form a competitive, profitable sector of service and economy. Against the background of these trends the process of formation and development of small hotels that are very popular among tourists abroad plays an important role. It determines the relevance of the article. The article gives a detailed analysis of small hotels segment and determines their share in the overall structure of the city´s accommodation. In accordance with the Federal Law №108-FZ "On the preparation and holding in the Russian Federation in the FIFA World Cup and Confederations FIFA Cup 2017 and Amendments to Certain Legislative Acts of the Russian Federation" classification of hotel enterprises is mandatory for all hotel businesses, including small hotels in Moscow and other cities involved in this large-scale event. Therefore, the article analyzes in detail the current situation with the classification of hotels in Moscow. The comparative characteristic of the share of small hotels in total accommodation facilities in Moscow and in major European cities is of significant interest. The authors especially point out the problems of imperfection of legal and regulatory framework governing the activities of given means of accommodation, as well as distinguish the most promising directions of small hotels development in the structure of hotel enterprises of Moscow.


Author(s):  
Boris Zhikharevich ◽  
Viacheslav Maracha

The paper analyzes theoretical models of relations between executive authorities of federal subjects of the Russian Federation, municipalities (client) and organizations providing services for creating social and economic development strategies (strategic consultant). The authors study the evolution of these relations and the market of territorial strategic consulting from the moment of the emergence of territorial strategic planning in Russia to the present. The researchers identify factors causing serious changes in the models of relations “consultant – client” after the adoption of the Federal Law “On Strategic Planning in the Russian Federation” and tightening of public procurement standards. Theoretical constructions are supported by the statements of the heads of several leading Russian consulting teams. The authors have made a simplified classification of consultants, which includes “innovator”, “pragmatist”, “operator of changes”, and a classification of clients, which includes “progressor”, “formalist”, “populist”. The paper identifies essential characteristics of emerging substantive relationships: positioning of the advisor (“innovator” or “outsourcer”), depth of involvement of the parties into the strategizing process, level of client’s boss participation, form and regularity of communications, compatibility of worldviews. The authors identify two basic models. The preferred one is “partnership under the leadership of an consultant” and the ineffective one is “domination of a client with a low interest”. At the same time, the key characteristic is positioning of the consultant, which is connected with the market segmentation of the territorial strategic consulting. The researchers identify the problem of “tiredness” from standard strategic planning and propose options to modify this process. The authors systematize the problems that complicate the formation of an effective model of relations “consultant – client” associated with the selection and hiring of a consulting system according to the rules of public procurement and give recommendations for the improvement of the strategic planning process which are addressed to clients and consultant and are based on approaching to the model of their relations, which has been seen as the most productive.


2015 ◽  
Vol 3 (3) ◽  
pp. 117-134
Author(s):  
Юлия Федорова ◽  
Yuliya Fedorova ◽  
Юлия Лампицкая ◽  
Yuliya Lampitskaya

The article gives us review of the most important changes, made by the Federal law dated 08.03.2015 No. 42-FZ, in chapter III of the Civil Code of the Russian Federation "Common part of the law of obligations". The authors show the essence of the made changes, give them the estimate, analyze the rules with regard to existing court practice, also they raise disputable points that may arise in practice. The article is written for lawyers and other specialists who while working face the necessity to apply the legislation in force.


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