Pub Date : 2023-03-30DOI: 10.33693/2072-3164-2023-16-2-158-162
P. Battakhov
The article discusses the issues of state regulation of production and economic activities in the development and extraction of minerals in the Arctic. The main regulatory and legal acts of entrepreneurial activity in the Arctic were investigated. Some aspects of legal regulation of environmental protection and protection are highlighted, relevant in the development and development of deposits in the Arctic for the development of the economy and ensuring the environmental safety of the country. It is necessary to take state measures for further legal study of the protection and protection of the environment during mining in the Arctic, as well as systematize regulatory legal acts in the field of development of the Arctic zone of the Russian Federation.
{"title":"STATE REGULATION OF PRODUCTION AND ECONOMIC ACTIVITIES IN MINING IN THE ARCTIC","authors":"P. Battakhov","doi":"10.33693/2072-3164-2023-16-2-158-162","DOIUrl":"https://doi.org/10.33693/2072-3164-2023-16-2-158-162","url":null,"abstract":"The article discusses the issues of state regulation of production and economic activities in the development and extraction of minerals in the Arctic. The main regulatory and legal acts of entrepreneurial activity in the Arctic were investigated. Some aspects of legal regulation of environmental protection and protection are highlighted, relevant in the development and development of deposits in the Arctic for the development of the economy and ensuring the environmental safety of the country. It is necessary to take state measures for further legal study of the protection and protection of the environment during mining in the Arctic, as well as systematize regulatory legal acts in the field of development of the Arctic zone of the Russian Federation.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128820845","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 : 2023-03-30DOI: 10.33693/2072-3164-2023-16-2-284-296
Sergei Mozer
The research article was prepared as part of a scientific study conducted by the author on improving the theoretical and legal foundations of customs regulation in the Eurasian Economic Union (Union, EAEU) in the framework of interaction with the World Customs Organization. A task. To form scientific and methodological approaches to the creation of a Data Matrix as a priority tool for the development of «the single window» mechanism in the Member States of the Eurasian Economic Union (data matrix). Conclusions. The research article is devoted to the issue of creating a Data Matrix as part of the implementation of clause 9.4. of the Strategic Directions for the Development of Eurasian Economic Integration until 2025 (Strategic Directions). The methodological approaches formed in the article, as well as proposals, can be used in the course of expert work on improving customs regulation and trade facilitation in the EAEU. Social Consequences. The study is associated with the implementation of the Strategic Directions in direction 9 in terms of the Commission, together with the Member States, working to develop priority instruments for implementing the «single window» mechanism in the foreign trade regulation system. Practical value. The results of the study are of interest to the customs cooperation bloc of the Commission and can be used by its experts as part of the work of the Commission's Working group to develop priority instruments for implementing the «single window» mechanism in the foreign trade regulation system. The article is recommended to researchers, teachers, students, graduate students and other categories of students in the Russian Customs Academy, in other universities and the WCO regional training centers in the specialties «Customs» and «Jurisprudence». Originality/value. The research material is based on an analysis of the practical aspects of the Commission's activities and is the result of a comprehensive study of the issue of improving Union law and trade facilitation procedures based on the best practices of customs regulation.
{"title":"SCIENTIFIC AND METHODOLOGICAL APPROACHES TO THE CREATION OF A DATA MATRIX AS A PRIORITY INSTRUMENT FOR THE DEVELOPMENT OF THE «SINGLE WINDOW» MECHANISM IN THE MEMBER STATES OF THE EURASIAN ECONOMIC UNION","authors":"Sergei Mozer","doi":"10.33693/2072-3164-2023-16-2-284-296","DOIUrl":"https://doi.org/10.33693/2072-3164-2023-16-2-284-296","url":null,"abstract":"The research article was prepared as part of a scientific study conducted by the author on improving the theoretical and legal foundations of customs regulation in the Eurasian Economic Union (Union, EAEU) in the framework of interaction with the World Customs Organization. A task. To form scientific and methodological approaches to the creation of a Data Matrix as a priority tool for the development of «the single window» mechanism in the Member States of the Eurasian Economic Union (data matrix). Conclusions. The research article is devoted to the issue of creating a Data Matrix as part of the implementation of clause 9.4. of the Strategic Directions for the Development of Eurasian Economic Integration until 2025 (Strategic Directions). The methodological approaches formed in the article, as well as proposals, can be used in the course of expert work on improving customs regulation and trade facilitation in the EAEU. Social Consequences. The study is associated with the implementation of the Strategic Directions in direction 9 in terms of the Commission, together with the Member States, working to develop priority instruments for implementing the «single window» mechanism in the foreign trade regulation system. Practical value. The results of the study are of interest to the customs cooperation bloc of the Commission and can be used by its experts as part of the work of the Commission's Working group to develop priority instruments for implementing the «single window» mechanism in the foreign trade regulation system. The article is recommended to researchers, teachers, students, graduate students and other categories of students in the Russian Customs Academy, in other universities and the WCO regional training centers in the specialties «Customs» and «Jurisprudence». Originality/value. The research material is based on an analysis of the practical aspects of the Commission's activities and is the result of a comprehensive study of the issue of improving Union law and trade facilitation procedures based on the best practices of customs regulation.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"126 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121146528","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 : 2023-03-30DOI: 10.33693/2072-3164-2023-16-2-187-192
S. Moturenko
The article pays attention to the concept of a model of state regulation of the economy, provides a classification of state response measures to the introduction of the sanctions regime by a number of countries. The necessity of changing the model of state regulation of the economy in the field of business is proved. The relevant measures to change the model of state regulation - of a private and public legal nature - are analyzed. Such measures include increasing the role of unitary enterprises in the Russian economy, expanding the capabilities of non-profit organizations to carry out entrepreneurial and income-generating activities, more effective use of the insurance mechanism to protect the interests of entrepreneurs, as well as the use of compensation as a way to terminate obligations. It is proposed to introduce in Russia a system for preventing consequences associated with risks and a system for preventing harm in construction.
{"title":"ENTREPRENEURIAL ACTIVITY IN MODERN REALITIES: PUBLIC-LEGAL AND PRIVATE LEGAL ASPECTS","authors":"S. Moturenko","doi":"10.33693/2072-3164-2023-16-2-187-192","DOIUrl":"https://doi.org/10.33693/2072-3164-2023-16-2-187-192","url":null,"abstract":"The article pays attention to the concept of a model of state regulation of the economy, provides a classification of state response measures to the introduction of the sanctions regime by a number of countries. The necessity of changing the model of state regulation of the economy in the field of business is proved. The relevant measures to change the model of state regulation - of a private and public legal nature - are analyzed. Such measures include increasing the role of unitary enterprises in the Russian economy, expanding the capabilities of non-profit organizations to carry out entrepreneurial and income-generating activities, more effective use of the insurance mechanism to protect the interests of entrepreneurs, as well as the use of compensation as a way to terminate obligations. It is proposed to introduce in Russia a system for preventing consequences associated with risks and a system for preventing harm in construction.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121063457","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 : 2023-03-30DOI: 10.33693/2072-3164-2023-16-2-138-145
N. Letova
The purpose of the study. The article discusses measures of social assistance and support for mobilized citizens and their families, systematizes the types of benefits that are provided by legislation in relation to this category of citizens, identifies problems of their application in practice, caused, among other things, by the lack of the necessary conceptual apparatus in the field of family relations. The author defines a fundamentally new meaning of the criteria traditionally used for the appointment of social payments, their features are revealed when using the method of situational regulation of social relations in connection with the need to ensure the protection of the rights of mobilized citizens in the shortest possible time. The article offers an analysis of the measures provided for by the legislation to support the families of the mobilized, their advantages and individual imperfections are revealed, their complex and intersectoral nature is proved, a conclusion is formulated about the practical convergence of public and private interests in ensuring the protection of the rights and interests of mobilized citizens and their families.
{"title":"PROBLEMS OF SOCIAL SECURITY AND PROTECTION OF FAMILIES WITH CHILDREN OF MOBILIZED CITIZENS","authors":"N. Letova","doi":"10.33693/2072-3164-2023-16-2-138-145","DOIUrl":"https://doi.org/10.33693/2072-3164-2023-16-2-138-145","url":null,"abstract":"The purpose of the study. The article discusses measures of social assistance and support for mobilized citizens and their families, systematizes the types of benefits that are provided by legislation in relation to this category of citizens, identifies problems of their application in practice, caused, among other things, by the lack of the necessary conceptual apparatus in the field of family relations. The author defines a fundamentally new meaning of the criteria traditionally used for the appointment of social payments, their features are revealed when using the method of situational regulation of social relations in connection with the need to ensure the protection of the rights of mobilized citizens in the shortest possible time. The article offers an analysis of the measures provided for by the legislation to support the families of the mobilized, their advantages and individual imperfections are revealed, their complex and intersectoral nature is proved, a conclusion is formulated about the practical convergence of public and private interests in ensuring the protection of the rights and interests of mobilized citizens and their families.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126033094","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 : 2023-03-30DOI: 10.33693/2072-3164-2023-16-2-268-272
G. Rusman
The purpose of the study. The article examines the content and meaning of the categories «sufficiency» and «merit» in resolving the issue and terminating a criminal case or criminal prosecution on non-rehabilitating grounds. The implementation of the considered incentive form of criminal proceedings in the form of exemption from criminal liability is associated with the evaluation activity of the court or official. The purpose of the study is to identify problems of a law enforcement nature in determining the «sufficiency» of positive post-criminal actions of the accused (suspect) and the «deservedness» of his release from criminal liability on non-rehabilitating grounds. Conclusions. The author comes to the conclusion that when a person is released from criminal liability, it is not possible to establish the true attitude of a person to the procedural legal relations taking place with his participation. The «sufficiency» of post-criminal actions and actions of the accused (suspect) and the «deservedness» of encouragement by him cannot be assessed by the court in isolation from the opinion of the victim. In order to eliminate defective practices, it is necessary to clearly define the conditions, requirements and standards for the use of incentives in criminal proceedings, as well as criteria for evaluating the behavior of a person applying for an incentive.
{"title":"CATEGORIES OF «SUFFICIENCY» AND «MERIT» WHEN DECIDING ON THE RELEASE OF A PERSON FROM CRIMINAL LIABILITY ON EVALUATIVE GROUNDS","authors":"G. Rusman","doi":"10.33693/2072-3164-2023-16-2-268-272","DOIUrl":"https://doi.org/10.33693/2072-3164-2023-16-2-268-272","url":null,"abstract":"The purpose of the study. The article examines the content and meaning of the categories «sufficiency» and «merit» in resolving the issue and terminating a criminal case or criminal prosecution on non-rehabilitating grounds. The implementation of the considered incentive form of criminal proceedings in the form of exemption from criminal liability is associated with the evaluation activity of the court or official. The purpose of the study is to identify problems of a law enforcement nature in determining the «sufficiency» of positive post-criminal actions of the accused (suspect) and the «deservedness» of his release from criminal liability on non-rehabilitating grounds. Conclusions. The author comes to the conclusion that when a person is released from criminal liability, it is not possible to establish the true attitude of a person to the procedural legal relations taking place with his participation. The «sufficiency» of post-criminal actions and actions of the accused (suspect) and the «deservedness» of encouragement by him cannot be assessed by the court in isolation from the opinion of the victim. In order to eliminate defective practices, it is necessary to clearly define the conditions, requirements and standards for the use of incentives in criminal proceedings, as well as criteria for evaluating the behavior of a person applying for an incentive.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122716515","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 : 2023-03-30DOI: 10.33693/2072-3164-2023-16-2-175-181
Y. Ovchinnikova
The article notes the relevance to date of the problems of law enforcement in legal relations on civil liability insurance of vehicle owners. The author touches upon the economic and legal aspects of CTP. Judicial practice has been analyzed, gaps in legislation have been identified, and proposals for making appropriate changes have been made. Conclusions. By its legal nature, the subjective right of choice granted by law to the victim, which consists in repairing the vehicle (despite non-compliance with the requirements) or in refusing to fulfill the insurance obligation in kind, is not an opportunity to choose the method of execution, which is understood as monetary or in-kind forms of insurance compensation. For this reason, the insurance obligation for this category of victims (citizens of the Russian Federation who are owners of vehicles registered in the Russian Federation) does not apply to alternative ones. It is necessary to establish clear and exhaustive grounds in the legislation, which are exceptions to the general rule on the form of compensation in kind for a certain category of victims (citizens of the Russian Federation who are owners of vehicles registered in the Russian Federation). The insurance obligation (we are talking, among other things, about CTP) and the legal relationship for compensation of damage in the part in which it is not covered by insurance compensation, are by their legal nature independent obligations.
{"title":"CTP INSURANCE IN THE LEGAL ASPECT: NEW APPROACHES AND PROSPECTS","authors":"Y. Ovchinnikova","doi":"10.33693/2072-3164-2023-16-2-175-181","DOIUrl":"https://doi.org/10.33693/2072-3164-2023-16-2-175-181","url":null,"abstract":"The article notes the relevance to date of the problems of law enforcement in legal relations on civil liability insurance of vehicle owners. The author touches upon the economic and legal aspects of CTP. Judicial practice has been analyzed, gaps in legislation have been identified, and proposals for making appropriate changes have been made. Conclusions. By its legal nature, the subjective right of choice granted by law to the victim, which consists in repairing the vehicle (despite non-compliance with the requirements) or in refusing to fulfill the insurance obligation in kind, is not an opportunity to choose the method of execution, which is understood as monetary or in-kind forms of insurance compensation. For this reason, the insurance obligation for this category of victims (citizens of the Russian Federation who are owners of vehicles registered in the Russian Federation) does not apply to alternative ones. It is necessary to establish clear and exhaustive grounds in the legislation, which are exceptions to the general rule on the form of compensation in kind for a certain category of victims (citizens of the Russian Federation who are owners of vehicles registered in the Russian Federation). The insurance obligation (we are talking, among other things, about CTP) and the legal relationship for compensation of damage in the part in which it is not covered by insurance compensation, are by their legal nature independent obligations.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121828099","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 : 2023-01-31DOI: 10.33693/2072-3164-2023-16-1-197-218
Sergei Mozer
The research article was prepared as part of a scientific study conducted by the author on improving the theoretical and legal foundations of customs regulation in the Eurasian Economic Union in the framework of interaction with the World Customs Organization. A task. To analyze existing approaches and legal instruments of the international customs community, including the World Customs Organization (WCO), the European Union (EU) and the Eurasian Economic Union (Union) on the analysis the effectiveness of customs activities to improve customs regulation. Conclusions. The research article is devoted to the issues of modernization of the Union's law in the field of customs regulation based on an analysis of the level of development of the customs of the EAEU member states. The subject of the study is the WCO working group on performance management materials, the EU Customs blueprint, as well as the methodological approaches of the Eurasian Economic Commission on the analysis of the level of customs development. The formed methodological approaches, as well as proposals, can be used to develop by the Eurasian Economic Commission (Commission) a methodology for analyzing the level of development of customs regulation in the Member States of the Union, as well as creating in the future the EEU Code of Customs Standards, as a legal instrument and measure in the formation of strategic planning documents that set the main vectors for further integration interaction in the Union. Social Consequences. The study is associated with the implementation of the provisions of the Strategic Directions for the Development of Eurasian Economic Integration until 2025 in Direction 3 «Improvement of customs regulation within the Union». Practical value. The results of the study are of interest to the customs cooperation bloc of the Commission, they can be used by specialists from the customs services of the EEU Member States, experts of the Commission to organize strategic planning and form the legal foundations for the modernization of the Union's law. Conclusions and proposals, as well as the developed survey forms, can be recommended for consideration at the WCO working group on performance management as a regional (Eurasian) experience. The article is recommended to researchers, teachers, students, graduate students and other categories of students in the Russian Customs Academy, in other universities and the WCO regional training centers in the specialties «Customs» and «Jurisprudence». Originality/value. The research material is based on an analysis of the practical aspects of the activities of the Commission, the customs authorities of the Member States of the Union and is the result of a comprehensive study of the issue on improvement the law of the Union based on best practices of customs regulation and the legal instruments and tools of the World Customs Organization.
{"title":"TO THE ISSUE OF THE METHODOLOGY FOR ASSESSING THE LEVEL OF DEVELOPMENT OF CUSTOMS REGULATION IN THE EEU, TAKING INTO ACCOUNT LEGAL MEANS OF THE WORLD CUSTOMS ORGANIZATION","authors":"Sergei Mozer","doi":"10.33693/2072-3164-2023-16-1-197-218","DOIUrl":"https://doi.org/10.33693/2072-3164-2023-16-1-197-218","url":null,"abstract":"The research article was prepared as part of a scientific study conducted by the author on improving the theoretical and legal foundations of customs regulation in the Eurasian Economic Union in the framework of interaction with the World Customs Organization. A task. To analyze existing approaches and legal instruments of the international customs community, including the World Customs Organization (WCO), the European Union (EU) and the Eurasian Economic Union (Union) on the analysis the effectiveness of customs activities to improve customs regulation. Conclusions. The research article is devoted to the issues of modernization of the Union's law in the field of customs regulation based on an analysis of the level of development of the customs of the EAEU member states. The subject of the study is the WCO working group on performance management materials, the EU Customs blueprint, as well as the methodological approaches of the Eurasian Economic Commission on the analysis of the level of customs development. The formed methodological approaches, as well as proposals, can be used to develop by the Eurasian Economic Commission (Commission) a methodology for analyzing the level of development of customs regulation in the Member States of the Union, as well as creating in the future the EEU Code of Customs Standards, as a legal instrument and measure in the formation of strategic planning documents that set the main vectors for further integration interaction in the Union. Social Consequences. The study is associated with the implementation of the provisions of the Strategic Directions for the Development of Eurasian Economic Integration until 2025 in Direction 3 «Improvement of customs regulation within the Union». Practical value. The results of the study are of interest to the customs cooperation bloc of the Commission, they can be used by specialists from the customs services of the EEU Member States, experts of the Commission to organize strategic planning and form the legal foundations for the modernization of the Union's law. Conclusions and proposals, as well as the developed survey forms, can be recommended for consideration at the WCO working group on performance management as a regional (Eurasian) experience. The article is recommended to researchers, teachers, students, graduate students and other categories of students in the Russian Customs Academy, in other universities and the WCO regional training centers in the specialties «Customs» and «Jurisprudence». Originality/value. The research material is based on an analysis of the practical aspects of the activities of the Commission, the customs authorities of the Member States of the Union and is the result of a comprehensive study of the issue on improvement the law of the Union based on best practices of customs regulation and the legal instruments and tools of the World Customs Organization.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"47 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113997230","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 : 2023-01-31DOI: 10.33693/2072-3164-2023-16-1-084-090
N. Letova
Purpose of the study. In the article, the author considers the categories of "family business" and "family entrepreneurship", reveals their essence, social purpose, systematizes their similarities and differences. The author comes to the conclusion that the absence in the law of a fixed legal status for such forms of doing business does not allow to accurately differentiate the transactions of spouses-entrepreneurs carried out in the field of family and civil relations, which does not allow their participants to be provided with systemic protection. The author presents criteria that make it possible to distinguish between the forms of participation of spouses - entrepreneurs in corporate relations, determines the significance of the status of a spouse - an entrepreneur for the implementation of transactions aimed at alienating property that is their joint property, systematizes the problems of law enforcement of the norms of family and civil legislation of the Russian Federation, which make it difficult for spouses to make transactions in the sphere of business relations, ways and means of their solution are proposed in order to ensure the protection of spouses, their property interests.
{"title":"PROBLEMS OF ENSURING THE PROTECTION OF THE RIGHTS OF SPOUSES IN THE IMPLEMENTATION OF THEIR FAMILY BUSINESS (FAMILY BUSINESS)","authors":"N. Letova","doi":"10.33693/2072-3164-2023-16-1-084-090","DOIUrl":"https://doi.org/10.33693/2072-3164-2023-16-1-084-090","url":null,"abstract":"Purpose of the study. In the article, the author considers the categories of \"family business\" and \"family entrepreneurship\", reveals their essence, social purpose, systematizes their similarities and differences. The author comes to the conclusion that the absence in the law of a fixed legal status for such forms of doing business does not allow to accurately differentiate the transactions of spouses-entrepreneurs carried out in the field of family and civil relations, which does not allow their participants to be provided with systemic protection. The author presents criteria that make it possible to distinguish between the forms of participation of spouses - entrepreneurs in corporate relations, determines the significance of the status of a spouse - an entrepreneur for the implementation of transactions aimed at alienating property that is their joint property, systematizes the problems of law enforcement of the norms of family and civil legislation of the Russian Federation, which make it difficult for spouses to make transactions in the sphere of business relations, ways and means of their solution are proposed in order to ensure the protection of spouses, their property interests.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129250519","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 : 2023-01-31DOI: 10.33693/2072-3164-2023-16-1-144-147
Ilya Ilyin
The condition for the implementation of the application of preventive norms of protective norms in the prevention of demonstrative protest crime is the totality and sequence of measures of the administrative-legal and criminal-legal Regulations, properly coordinated with the prescriptions of the regulatory legislation. The mechanism for implementing the preventive capabilities of protective normal rights has two options - linear and sequential - manifestations of the danger of an offending act are especially manifested, a cumulative effect that causes an offense of harm and an increasing antisocial activity of the offender's personality. Incidentally, this mechanism includes: criminalization (delictization) of socially dangerous acts, consistent with the norms of regulatory law; differentiation of offenses and identification of offenses depending on the nature and consequences of their threat to the rule of law; interaction and cooperation of elements of different branches of offenses on the basis of universalization of the structure of administrative prejudice.
{"title":"INTERACTION OF CRIMINAL AND ADMINISTRATIVE-TORT LAW IN THE PREVENTION OF DEMONSTRATIVE-PROTEST CRIME","authors":"Ilya Ilyin","doi":"10.33693/2072-3164-2023-16-1-144-147","DOIUrl":"https://doi.org/10.33693/2072-3164-2023-16-1-144-147","url":null,"abstract":"The condition for the implementation of the application of preventive norms of protective norms in the prevention of demonstrative protest crime is the totality and sequence of measures of the administrative-legal and criminal-legal Regulations, properly coordinated with the prescriptions of the regulatory legislation. The mechanism for implementing the preventive capabilities of protective normal rights has two options - linear and sequential - manifestations of the danger of an offending act are especially manifested, a cumulative effect that causes an offense of harm and an increasing antisocial activity of the offender's personality. Incidentally, this mechanism includes: criminalization (delictization) of socially dangerous acts, consistent with the norms of regulatory law; differentiation of offenses and identification of offenses depending on the nature and consequences of their threat to the rule of law; interaction and cooperation of elements of different branches of offenses on the basis of universalization of the structure of administrative prejudice.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"6 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114133262","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 : 2022-12-29DOI: 10.33693/2072-3164-2022-15-7-071-076
A. Metelkov
In order to increase the effectiveness of the participation of the Russian Emergencies Ministry in countering terrorism, including nuclear (radiological) terrorism, based on the methods of interpretation of legal norms, comparative legal and system analysis of regulatory legal acts and the content of basic concepts regulating the competence of authorities, the author revealed a mismatch of functions EMERCOM of Russia and its territorial bodies. An analysis of the elements of legal norms on countering terrorism in the activities of the Ministry and its subordinate bodies shows a split approach to the entire system and its individual structural elements. The results of a comparative law study of legal relations in the field of countering terrorism demonstrate disproportions in the main functions of the Main Directorates for the constituent entities of the Russia and the Ministry itself, the mismatch of departmental competence with the norms of basic anti-terrorist legislation, which is reflected in the quality and completeness of their implementation in practice. Therefore, the author proposes to clarify departmental functions in accordance with the current legislation of the Russia and make appropriate changes to the Decree of the President of the Russia of July 11, 2004 No. 868.
{"title":"GAPS IN THE ANTI-TERRORISM FUNCTION OF THE EMERCOM OF RUSSIA","authors":"A. Metelkov","doi":"10.33693/2072-3164-2022-15-7-071-076","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-7-071-076","url":null,"abstract":"In order to increase the effectiveness of the participation of the Russian Emergencies Ministry in countering terrorism, including nuclear (radiological) terrorism, based on the methods of interpretation of legal norms, comparative legal and system analysis of regulatory legal acts and the content of basic concepts regulating the competence of authorities, the author revealed a mismatch of functions EMERCOM of Russia and its territorial bodies. An analysis of the elements of legal norms on countering terrorism in the activities of the Ministry and its subordinate bodies shows a split approach to the entire system and its individual structural elements. The results of a comparative law study of legal relations in the field of countering terrorism demonstrate disproportions in the main functions of the Main Directorates for the constituent entities of the Russia and the Ministry itself, the mismatch of departmental competence with the norms of basic anti-terrorist legislation, which is reflected in the quality and completeness of their implementation in practice. Therefore, the author proposes to clarify departmental functions in accordance with the current legislation of the Russia and make appropriate changes to the Decree of the President of the Russia of July 11, 2004 No. 868.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122007333","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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