Actual Problems of Russian Law最新文献

{"title":"Legal Support of Environmental Safety of the Arctic Zone of the Russian Federation in the Exploration and Production of Oil and Gas under Sanctions","authors":"V. Agafonov","doi":"10.17803/1994-1471.2023.153.8.160-168","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.153.8.160-168","url":null,"abstract":"The paper analyzes and assesses the prospects for the development of the Russian legislation in the field of environmental safety of the Arctic zone of the Russian Federation in the exploration and production of oil and gas. In the context of the existing risks and threats to energy security, the author proves that the use of traditional types of energy resources will still have an important role in the structure of the fuel and energy balance of almost every modern state. This results in the growing importance of the Arctic zone of the Russian Federation, which should be considered as an important geostrategic object, the use of natural resources of which will make it possible to gain energy independence and sustainable development for present and future generations in the long term. The paper highlights the modern environmental and legal problems of the Arctic zone, primarily the processes and consequences of global warming, as well as the problems of ensuring environmental safety in the transportation of oil and petroleum products, including on the continental shelf of the Arctic zone of the Russian Federation. Possible ways to solve legal problems under sanctions are suggested. The author proves that it is necessary to update the existing documents of state strategic planning in the field of environmental protection, subsoil use, as well as in the field of ensuring sustainable socio-economic development of the Arctic zone of the Russian Federation.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116245329","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}

{"title":"Legal Regulation of the Mechanism of Implementation of Public Social Expenditures in the Russian Federation","authors":"O. S. Zabralova","doi":"10.17803/1994-1471.2023.151.6.029-036","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.151.6.029-036","url":null,"abstract":"The paper is devoted to examination of the legal regulation of the mechanism of implementation of public social expenditures in the Russian Federation. It is determined that the mechanism under consideration constitutes a system that includes a number of elements that are grouped into certain subsystems, including the regulatory subsystem, the principles of legal regulation of public relations that develop in the process of spending in the social sphere, the material basis of spending in the social sphere, the legal basis of social spending that include budget allocations, expenditure and budgetary obligations of public legal education, types of social expenditures, an institutional subsystem that includes subjects of legal relations arising in the process of implementing social expenditures. The paper draws special attention to the issues of codification of social legislation. As noted in the paper, this legislation is very mobile — new acts can be adopted to support certain segments of the population that were not previously covered by social protection measures; existing regulatory legal acts can be canceled when necessary, they may be amended due to the revision of criteria for the provision of social support measures, etc. In this regard, it is substantiated that, despite the fragmented nature, social welfare legislation, due to the peculiarities of regulated public relations, currently does not need codification at the federal level.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"2015 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128975861","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}

{"title":"Cryptoassets Seizure in Criminal Procedure in the Russian Federation: Possible Ways of Development","authors":"A. V. Ludanina","doi":"10.17803/1994-1471.2023.151.6.095-104","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.151.6.095-104","url":null,"abstract":"The paper analyzes the existing practice of seizing cryptocurrencies in the domestic legal order. It is noted that the law enforcer needs that the legislator create criminal procedural novels aimed to seize cryptocurrencies. The paper provides domestic practice cases, recognizing cryptoassets as property in the understanding of civil law. The mechanism of using an investigative experiment to convert cryptoassets into cash is criticized. The author analyzes the possibility of applying the concept of privilege against self-disclosure during an investigative experiment to convert cryptoassets into cash. The paper proposes models that can be chosen by the legislator when implementing the seizure of cryptocurrencies. The types of crypto-carriers are analyzed. The author concludes that due to the wide variety of types of cryptocurrencies a single model will not be enough for law enforcement agencies when seizing such assets. The author suggests the legislator to choose a mixed model of criminal procedure regulation of seizure of cryptoassets as well as to introduce a new coercive measure in the Code of Criminal Procedure of the Russian Federation in the form of converting digital assets into cash.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115816541","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}

{"title":"Prerequisites for the Emergence of Dual and Multiple Citizenship in Modern International Law","authors":"D. Adzhba","doi":"10.17803/1994-1471.2023.151.6.115-121","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.151.6.115-121","url":null,"abstract":"A wide range of phenomena that today are integral attributes of interstate communication generates dual and multiple citizenship. Often, bi- and polypatrism arises due to objective reasons, in the absence of the individual’s intentions, and sometimes even without his knowledge. This, of course, does not exclude the interest of the person and his purposeful actions to obtain the status of bi- or polypatride, which in certain cases may mean additional rights for the individual. The paper analyzes the reasons for the emergence of dual and multiple citizenship, the conditions due to which the existence of such reasons is possible today, as well as the impact of the international community on certain prerequisites by domestic and international mechanisms, both institutional and contractual. The author concludes that dual and multiple citizenship are generated by different reasons, which once again confirms the thesis about the different content of these phenomena.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124302137","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}

{"title":"Modern International Legal Discourse Regarding the Use of Lead","authors":"T. V. Norboeva","doi":"10.17803/1994-1471.2023.152.7.167-177","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.152.7.167-177","url":null,"abstract":"The problems of environmental protection are still one of the most pressing international legal issues. Among the causes of environmental pollution, and hence the violation of human rights and harm to public health, is the use of lead. The presence of lead in the human body increases the risk of cognitive decline, disruption of the endocrine and reproductive systems, etc. However, young children are most at risk of lead poisoning. Issues of regulating the handling of lead (individually or as part of a group of heavy metals) are the subject of special attention in international law. One of the burning issues is the limitation of the use of lead in paints, implemented through a global partnership of governmental, non-governmental and private organizations and actors. According to the author, this way of solving environmental problems involves the development of a «multi-level» international legal management in the field of handling chemicals. The paper emphasizes the need to take coordinated measures to limit the use and eliminate lead-containing paints, which implies the abandonment of voluntaristic approaches by states to the establishment of regulatory limits for the content of lead in paints. Two ways of resolving the problem are proposed: the creation of an international agreement of a binding nature (following the example of the UN Convention on Mercury), and the prolongation of the practice of global partnership. The main measure of the effectiveness of such a method should be recognized as a sufficient degree of protection of human rights and, in a broader sense, compliance with the principles of international law as a whole.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"136 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122038825","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}

{"title":"Deoffshorization of the Financial System of the Russian Federation: The Concept, Goals, and Current Directions of Implementation","authors":"A. S. Konduktorov","doi":"10.17803/1994-1471.2023.151.6.037-051","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.151.6.037-051","url":null,"abstract":"The lack of a uniform, systematic  and formalized  approach to understanding  the process of deoffshorization of the financial system in the Russian Federation, its goals, current state and development directions leads to a decrease in the effectiveness of countering the use of offshore companies and harms public interests. At the same time, the importance of deoffshorization measures cannot be underestimated: they can significantly increase budget revenues, «saturate» the economy with monetary (including credit and investment) resources, and make transparent the system of ownership of financial and non-financial assets in the territory of the Russian Federation and abroad. However, it has to be stated that deoffshorization as a public management and regulatory activity has not been systematically understood either in official state acts or in research sources to date. The purpose of this study is to research deoffshorization as a financial and legal category and an economic phenomenon, to form a scientific definition of the term «deoffshorization,» to determine its current goals and current directions of implementation. Analytical and comparative legal methods were used in the study. As a result, from the standpoint of the science of financial law, the author gives the definition of the term «deoffshorization,» highlights its main goals (countering the use of offshore companies for tax evasion; repatriation of monetary and non-monetary assets from abroad to the Russian jurisdiction; ensuring the attractiveness of using the national currency of the Russian Federation for the purpose of accumulation/preservation of capital) and the directions of their practical implementation: 1) adjustment of double taxation agreements, as well as implementation of an international initiative to establish a global minimum corporate tax; 2) redomicilation in the Russian Federation of foreign organizations controlled by Russian beneficiaries; 3) implementation of a set of measures to ensure a stable ruble exchange rate and its use in international trade.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134324783","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}

{"title":"Legal Nature of the Consequences of the Invalidity of the Debtor’s Transactions in Bankruptcy","authors":"M. V. Stolyarchuk","doi":"10.17803/1994-1471.2023.152.7.115-123","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.152.7.115-123","url":null,"abstract":"There is a widespread position that Article 61.6 of the Federal Law of October 26, 2002 No. 127-FZ «On Insolvency (Bankruptcy)» is restitution. At the same time, the characteristic features of civil restitution and the consequences of the invalidity of the debtor’s transactions differ. Since no one has previously provided sufficient theoretical justification for arguing this position, the author attempts to determine the legal nature of the consequences of the invalidity of the disputed transaction of the debtor in bankruptcy. The author analyzes the provisions of the named article (as well as the practice of its application) to see if there is some correlation with bilateral and unilateral civil law restitution, measures of a confiscatory and over compensatory nature, and civil law tort. Based on the results of the comparison, the author concludes that the consequences of the invalidity of the debtor’s transaction can only be considered as a special type of legal liability of the debtor’s counterparty in the area of insolvency. A different interpretation of this norm requires serious changes in the legislation on insolvency (bankruptcy).","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128831509","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}

{"title":"Ecosystem of Preliminary Investigation","authors":"A. B. Smushkin","doi":"10.17803/1994-1471.2023.152.7.143-158","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.152.7.143-158","url":null,"abstract":"The paper states that the digital transformation of the investigation procedure requires new, effective tools, including those that accumulate the network capabilities of various law enforcement agencies. One of the leading tools in this area are digital platforms. However, the use of not isolated digital platforms of various bodies, but their collaboration into a full-scale digital ecosystem will have a greater synergistic effect. At the same time, it is stated that the prospective ecosystem under consideration should be composed of digital platforms of all three main types: instrumental, infrastructure and applied digital platforms. The paper discusses the essence of digital ecosystems. Within the ecosystem of the preliminary investigation, the author provides for the allocation of at least three main areas (blocks): criminal procedure, organizational (office work) and forensic. Within the framework of the organizational direction, the author considers issues related to the automation of receiving reports of crimes, solving logistical issues of sending guard services, investigative teams, as well as unmanned devices to the scene, expanding the possibilities of electronic office work, automating the selection of the required legislation and judicial practice. In the procedural direction, the use of elements of an electronic criminal case, remote investigative actions (with the use of not only video conferencing, but also other technologies) within the ecosystem is considered. Much attention is given to the use of electronic evidence. Within the framework of the forensic direction, the author considers it important to analyze open databases and Internet information using big data analysis technologies. It also seems reasonable to pair this ecosystem with the Safe City program with the obligatory use of face recognition systems. Intelligent recommender systems and decision support systems are considered. Attention is also given to the study of virtual traces.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129737909","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}

{"title":"Restoration of Criminal Cases (Article 158.1 of the Criminal Procedure Code of the Russian Federation): Anachronism or Necessity?","authors":"L. V. Gayvoronskaya","doi":"10.17803/1994-1471.2023.152.7.134-142","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.152.7.134-142","url":null,"abstract":"In the paper, the author touches upon the issues of the loss of a criminal case data or its individual materials. These include the problems of the lack of legal regulation of many aspects as to the restoration of materials of a criminal case, such as the terms of restoration, the limits of restoration, the procedure for the restoration of materials of a criminal case. In this regard, the author analyzes some practical difficulties related to this institution application. The author examines the moment of the emergence and development of this institution, the need for it in the light of today’s realities, analyzes, among other things, foreign experience in the use of digital document management and substantiates the anachronism of the entire procedure currently available for the restoration of a criminal case or its materials. Summing up the results of the scientific research, the author argues for the need to switch to electronic document management for the conduct of a criminal case, the use of modern technologies and processes in criminal proceedings. Important and interesting are the author’s proposals for improving the existing mechanisms.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123328330","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}

{"title":"Designing Sanctions for Aggravation of Misappropriation of Budgetary Funds and State Non-Budgetary Funds","authors":"D. O. Karagina","doi":"10.17803/1994-1471.2023.152.7.124-133","DOIUrl":"https://doi.org/10.17803/1994-1471.2023.152.7.124-133","url":null,"abstract":"The sanctions of the article are a reflection of the nature of criminal acts, their level of public danger. The quality of the construction of this element of criminal law prescriptions determines the fairness of the penalties imposed, the effectiveness of the application of the norms of criminal law. This causes scientific interest in the indicated problems. The paper analyzes the problems of creating constructions of sanctions, Part 2, Art. 285.1 and part 2 of Art. 285.2 of the Criminal Code of the Russian Federation (in this article, these crimes will be referred to as budget crimes). The purpose of the study is to offer legislative recommendations for their adjustment, to establish compliance with the rules and design principles developed by science. To achieve this goal, the author studied the sanctions of these norms from the point of view of their compliance with the degree of social danger of crimes, consistency, analyzed the judicial practice and the approaches existing in science to the formation of sanctions and the definition of their boundaries. Applying the evidence-based rules, the author expresses her opinion on the presence of errors in the legislative structures of sanctions for these budgetary crimes. The author supports the opinion on the preferred use of the technique of overlapping sanctions, as well as on the need to analyze the data of judicial practice in order to determine their proportionality. Based on the results of the study, it is proposed to optimize sanctions for these budgetary crimes, taking into account the introduction of a specifically classified body of a crime, changing the boundaries of sanctions.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116031804","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}