Pub Date : 2023-01-01DOI: 10.31857/s102694520027261-8
Inna V. Ershova
The article analyzes the grounds and procedure for foreclosing on the sole residential premises of an insolvent debtor when refusing executive immunity in the procedure for the sale of a citizen’s property. The conclusion about chicane as the basis for foreclosure is formulated. The procedure for the sale of a single home is investigated. The criteria for choosing replacement housing are indicated. Based on sociological research, an overview of current options for overcoming regulatory gaps on the issue under consideration is given.
{"title":"Foreclosure on the sole residential premises of an insolvent debtor: problems and prospects","authors":"Inna V. Ershova","doi":"10.31857/s102694520027261-8","DOIUrl":"https://doi.org/10.31857/s102694520027261-8","url":null,"abstract":"The article analyzes the grounds and procedure for foreclosing on the sole residential premises of an insolvent debtor when refusing executive immunity in the procedure for the sale of a citizen’s property. The conclusion about chicane as the basis for foreclosure is formulated. The procedure for the sale of a single home is investigated. The criteria for choosing replacement housing are indicated. Based on sociological research, an overview of current options for overcoming regulatory gaps on the issue under consideration is given.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135501059","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.31857/s102694520027265-2
Vladimir A. Kryazhkov
The article deals with the legal issues of the places of traditional residence and traditional economic activity of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation. Modern international legal standards of understanding of lands (territories) are shown indigenous peoples, approaches to their understanding in Russia in the past and at the present time. Based on the analysis of the current Russian legislation, the characteristics of these places (territories) and the forms of their concretization are given, proposals are formulated for additional regulation of relations in this area and a conclusion is made on the possible adoption of a special federal law on the territories of traditional residence and traditional economic activity of these peoples.
{"title":"Places of traditional residence and traditional economic activity of indigenous peoples of the North, Siberia and the Russian Far East: legal aspect","authors":"Vladimir A. Kryazhkov","doi":"10.31857/s102694520027265-2","DOIUrl":"https://doi.org/10.31857/s102694520027265-2","url":null,"abstract":"The article deals with the legal issues of the places of traditional residence and traditional economic activity of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation. Modern international legal standards of understanding of lands (territories) are shown indigenous peoples, approaches to their understanding in Russia in the past and at the present time. Based on the analysis of the current Russian legislation, the characteristics of these places (territories) and the forms of their concretization are given, proposals are formulated for additional regulation of relations in this area and a conclusion is made on the possible adoption of a special federal law on the territories of traditional residence and traditional economic activity of these peoples.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135501062","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.31857/s102694520027658-4
Sergey V. Zapolsky
Analyzing various approaches to understanding the legal nature of the financial market, the authors study the features of the functioning of the Russian financial market. Consideration of the peculiarities of the emergence and fulfillment of financial obligations in the sphere of the financial market functioning allows the authors of the article to identify a number of problems and determine the main directions for their resolution. The use of research methods, including analysis and synthesis, the formal legal and comparative legal methods, allowed the author to conclude that the financial market is a system of economic relations aimed at accumulating and redistributing financial resources through the formation and fulfillment of financial obligations. based on credit, insurance, budgetary, fiscal and investment mechanisms in order to ensure stable economic development of the state. It is substantiated that the formation and execution of issuing financial obligations takes place in the conditions of the splitting of the functions of the regulator of money emission between the Central Bank of the Russian Federation, the budget system and financial development institutions, which leads to the creation of schemes for transferring money to the economy, bypassing the banking and budget system, preventing the Bank of the Russian Federation achieve the key objectives of the implementation of monetary policy. According to the authors, the urgent need is the creation of a single investment center within the national economy, focused on eliminating underfunding and undercrediting of economic entities and their associations.
{"title":"Legal aspects of the functioning of the financial market of Russia","authors":"Sergey V. Zapolsky","doi":"10.31857/s102694520027658-4","DOIUrl":"https://doi.org/10.31857/s102694520027658-4","url":null,"abstract":"Analyzing various approaches to understanding the legal nature of the financial market, the authors study the features of the functioning of the Russian financial market. Consideration of the peculiarities of the emergence and fulfillment of financial obligations in the sphere of the financial market functioning allows the authors of the article to identify a number of problems and determine the main directions for their resolution. The use of research methods, including analysis and synthesis, the formal legal and comparative legal methods, allowed the author to conclude that the financial market is a system of economic relations aimed at accumulating and redistributing financial resources through the formation and fulfillment of financial obligations. based on credit, insurance, budgetary, fiscal and investment mechanisms in order to ensure stable economic development of the state. It is substantiated that the formation and execution of issuing financial obligations takes place in the conditions of the splitting of the functions of the regulator of money emission between the Central Bank of the Russian Federation, the budget system and financial development institutions, which leads to the creation of schemes for transferring money to the economy, bypassing the banking and budget system, preventing the Bank of the Russian Federation achieve the key objectives of the implementation of monetary policy. According to the authors, the urgent need is the creation of a single investment center within the national economy, focused on eliminating underfunding and undercrediting of economic entities and their associations.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"151 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135052266","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.31857/s102694520027733-7
Ekaterina V. Mikhailova
The article deals with the problem of determining the nature and types of traditional moral and spiritual values as objects of legal protection. Today, Russian legislation does not contain a specific definition of this concept. It is proposed to proceed from the understanding of traditional values as public, state interests, directly or indirectly regulated by the norms of substantive and procedural law. Based on this, only the state (judicial) method of protection is applicable to them within the framework of constitutionally fixed procedural forms.
{"title":"Theoretical and legal approaches to determining the methods and procedural forms of protection of traditional values in the Russian state","authors":"Ekaterina V. Mikhailova","doi":"10.31857/s102694520027733-7","DOIUrl":"https://doi.org/10.31857/s102694520027733-7","url":null,"abstract":"The article deals with the problem of determining the nature and types of traditional moral and spiritual values as objects of legal protection. Today, Russian legislation does not contain a specific definition of this concept. It is proposed to proceed from the understanding of traditional values as public, state interests, directly or indirectly regulated by the norms of substantive and procedural law. Based on this, only the state (judicial) method of protection is applicable to them within the framework of constitutionally fixed procedural forms.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135051910","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.31857/s102694520027640-5
Mikhail I. Kleandrov
This article is the second in a series of author's articles devoted to the mechanism of non-federal justice . According to the author, after the adoption of the Federal Law “On magistrates in the Russian Federation” in 1998, almost all 23 amendments and additions to it led to the federalization of the Justice of the peace. The author suggests returning to its origins, roots, traditions – the time of the Judicial reform of the Russian Empire in 1864, when the world justice system was first created – based on a soundly developed legislative foundation. It is proposed to change the current vector of development of the legislative regulation of world justice from its federalization to its autonomization, its complete separation from the federal mechanism of justice. In particular: to transfer to the jurisdiction of magistrates the consideration of “minor” economic disputes; in sparsely populated areas to introduce mandatory election of magistrates; in all procedural codes to introduce provisions on simplification of judicial procedures for magistrates; the appellate and cassation instances should be created in the form of the appellate chamber of the district and the cassation chamber of the subject of the Russian Federation, consisting of magistrates who administer justice, respectively, in the district and the subject of the Russian Federation, etc.
{"title":"About non-federal justice Part II. World justice: the need to change the vector of legislative regulation","authors":"Mikhail I. Kleandrov","doi":"10.31857/s102694520027640-5","DOIUrl":"https://doi.org/10.31857/s102694520027640-5","url":null,"abstract":"This article is the second in a series of author's articles devoted to the mechanism of non-federal justice . According to the author, after the adoption of the Federal Law “On magistrates in the Russian Federation” in 1998, almost all 23 amendments and additions to it led to the federalization of the Justice of the peace. The author suggests returning to its origins, roots, traditions – the time of the Judicial reform of the Russian Empire in 1864, when the world justice system was first created – based on a soundly developed legislative foundation. It is proposed to change the current vector of development of the legislative regulation of world justice from its federalization to its autonomization, its complete separation from the federal mechanism of justice. In particular: to transfer to the jurisdiction of magistrates the consideration of “minor” economic disputes; in sparsely populated areas to introduce mandatory election of magistrates; in all procedural codes to introduce provisions on simplification of judicial procedures for magistrates; the appellate and cassation instances should be created in the form of the appellate chamber of the district and the cassation chamber of the subject of the Russian Federation, consisting of magistrates who administer justice, respectively, in the district and the subject of the Russian Federation, etc.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135052261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.31857/s102694520026147-2
Igor V. Irkhin
The article devoted to the peculiarities of the federal structure of the Australian Union (in the context of the principle of subsidiarity) gives a general description of the Australian federal model, shows the public-legal basis for the delimitation of competence between the Union and the states, as well as the problems of implementing the principle of subsidiarity in the system of federal relations of Australia. The author makes a conclusion that the federal model of the Australian Union is characterized by pronounced tendencies of centralization. The principle of subsidiarity in the system of federal relations is deformed, since there are no guarantees of independence in the sphere of internal self-government of the states. To implement this principle, it is necessary to develop an adaptive system of criteria for distinguishing the powers and responsibilities of the Union and the States in relation to specific subjects of competence. This approach will allow for coordinated (coordinated) interaction within the scope of joint competence.
{"title":"Features of the federal structure of the Australian Union (in the context of the principle of subsidiarity)","authors":"Igor V. Irkhin","doi":"10.31857/s102694520026147-2","DOIUrl":"https://doi.org/10.31857/s102694520026147-2","url":null,"abstract":"The article devoted to the peculiarities of the federal structure of the Australian Union (in the context of the principle of subsidiarity) gives a general description of the Australian federal model, shows the public-legal basis for the delimitation of competence between the Union and the states, as well as the problems of implementing the principle of subsidiarity in the system of federal relations of Australia. The author makes a conclusion that the federal model of the Australian Union is characterized by pronounced tendencies of centralization. The principle of subsidiarity in the system of federal relations is deformed, since there are no guarantees of independence in the sphere of internal self-government of the states. To implement this principle, it is necessary to develop an adaptive system of criteria for distinguishing the powers and responsibilities of the Union and the States in relation to specific subjects of competence. This approach will allow for coordinated (coordinated) interaction within the scope of joint competence.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135501054","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.31857/s102694520027235-9
Elena V. Kiseleva
The article examines the category of “informal employment” as one of the key problems of the modern labor market in Russia. Attention is focused on new types of employment, which are not always subject to legal regulation. The reasons for the increase in informal employment, which leads to negative economic consequences, the legal insecurity of citizens, are substantiated. The existing legal liability does not fully solve these problems. Other approaches are proposed to reduce informal employment in Russia.
{"title":"Informal employment in the Russian labor market: causes and legal responsibility","authors":"Elena V. Kiseleva","doi":"10.31857/s102694520027235-9","DOIUrl":"https://doi.org/10.31857/s102694520027235-9","url":null,"abstract":"The article examines the category of “informal employment” as one of the key problems of the modern labor market in Russia. Attention is focused on new types of employment, which are not always subject to legal regulation. The reasons for the increase in informal employment, which leads to negative economic consequences, the legal insecurity of citizens, are substantiated. The existing legal liability does not fully solve these problems. Other approaches are proposed to reduce informal employment in Russia.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135502198","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.31857/s102694520027236-0
Elena Smirnova
The institute of human rights is a key means of protecting individual rights. The list of human rights is very wide, but not complete. There is a lot of work to be done to approve this protection mechanism in the national and International Law of the XXI century.
{"title":"Human rights, imperative norms and basic principles of International Law: notes of an international lawyer","authors":"Elena Smirnova","doi":"10.31857/s102694520027236-0","DOIUrl":"https://doi.org/10.31857/s102694520027236-0","url":null,"abstract":"The institute of human rights is a key means of protecting individual rights. The list of human rights is very wide, but not complete. There is a lot of work to be done to approve this protection mechanism in the national and International Law of the XXI century.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135501061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.31857/s102694520027266-3
Georgy A. Rusanov
The article is devoted to the issue of criminal liability of legal entities for crimes in the sphere of economic activity in the Russian Federation. The author examines various theoretical approaches, foreign, proposes a model of such responsibility in Russia. In particular, it is noted that the responsibility of legal entities is a necessary attribute of countering offenses that infringe on economic relations. There are two possible options for resolving the issue of responsibility: a) establish responsibility directly in the criminal legislation; b) the establishment of similar liability in other branches of legislation. Accordingly, the issue of establishing criminal liability of legal entities for crimes in the field of economic activity is relevant.
{"title":"The model of criminal liability of legal entities for encroachments in the field of economic activity","authors":"Georgy A. Rusanov","doi":"10.31857/s102694520027266-3","DOIUrl":"https://doi.org/10.31857/s102694520027266-3","url":null,"abstract":"The article is devoted to the issue of criminal liability of legal entities for crimes in the sphere of economic activity in the Russian Federation. The author examines various theoretical approaches, foreign, proposes a model of such responsibility in Russia. In particular, it is noted that the responsibility of legal entities is a necessary attribute of countering offenses that infringe on economic relations. There are two possible options for resolving the issue of responsibility: a) establish responsibility directly in the criminal legislation; b) the establishment of similar liability in other branches of legislation. Accordingly, the issue of establishing criminal liability of legal entities for crimes in the field of economic activity is relevant.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135502194","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.31857/s102694520027234-8
Yuri N. Tuganov
The article examines the electability of justices of the peace, which is regarded as a cross-cutting value maxim of the justice of the peace since 1864 and is positioned as a basic component. Clarification of the degree of influence of the election of judges on the prevention of deviant behavior of individual holders of judicial power is carried out using the methodology of historical and legal analysis of the legal terms of the Judicial Statutes of the Russian Empire of November 20, 1864 and extrapolation of their results in the Russian Federation. The monoconceptual vision of elections as a procedure for granting judicial powers to candidates for justices of the peace of the XIX - early XX century is supplemented by the authors’ argument, according to which this procedure was in fact a five-stage technology for completing judicial posts by appointment. The decision on the personalities from the list of candidates compiled by the leader of the nobility and approved by the governor was taken by vote. But voting itself is not an election.
{"title":"Election of magistrates as a preventive measure their possible deviant behavior: critical analysis of the legal tradition","authors":"Yuri N. Tuganov","doi":"10.31857/s102694520027234-8","DOIUrl":"https://doi.org/10.31857/s102694520027234-8","url":null,"abstract":"The article examines the electability of justices of the peace, which is regarded as a cross-cutting value maxim of the justice of the peace since 1864 and is positioned as a basic component. Clarification of the degree of influence of the election of judges on the prevention of deviant behavior of individual holders of judicial power is carried out using the methodology of historical and legal analysis of the legal terms of the Judicial Statutes of the Russian Empire of November 20, 1864 and extrapolation of their results in the Russian Federation. The monoconceptual vision of elections as a procedure for granting judicial powers to candidates for justices of the peace of the XIX - early XX century is supplemented by the authors’ argument, according to which this procedure was in fact a five-stage technology for completing judicial posts by appointment. The decision on the personalities from the list of candidates compiled by the leader of the nobility and approved by the governor was taken by vote. But voting itself is not an election.","PeriodicalId":433320,"journal":{"name":"Государство и право","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135502209","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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