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PROTECTION OF THE RIGHT OF POOR CITIZENS OF THE RUSSIAN FEDERATION TO HOUSING BY INDIVIDUAL STATE BODIES 由个别国家机关保障俄罗斯联邦贫困公民的住房权利
Russian-Asian Legal Journal Pub Date : 2023-03-30 DOI: 10.14258/ralj(2023)1.5
K.K. Plehotko
{"title":"PROTECTION OF THE RIGHT OF POOR CITIZENS OF THE RUSSIAN FEDERATION TO HOUSING BY INDIVIDUAL STATE BODIES","authors":"K.K. Plehotko","doi":"10.14258/ralj(2023)1.5","DOIUrl":"https://doi.org/10.14258/ralj(2023)1.5","url":null,"abstract":"In Russia, an extensive system of bodies involved in the protection of the rights of citizens has developed.At the same time, their work often affects not only the resolution of a particular dispute, but also affectsthe entire system of social relations in a certain area. The Supreme Court of the Russian Federation andthe highest judicial bodies of the constituent entities of the Russian Federation may invalidate, respectively,certain provisions of the regulatory act at the level of the Russian Federation or its constituent entity. TheProsecutor's Office of the Russian Federation has a significant impact on public relations, since it not onlyconsiders specific complaints, but also exercises overall control over the activities of public bodies. TheCommissioners for Human Rights of the Russian Federation and in its subjects have the opportunity to collecta large amount of factual material about the real state of affairs in any direction. A study of the activities ofthese bodies to protect the right of poor citizens to housing and the use of existing powers will allow us toevaluate the effectiveness of the mechanism for ensuring the rights of citizens.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"63 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":"114126281","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}
引用次数: 0
CURRENT ISSUES OF THE INSTITUTE OF CROSS-BORDER BANKRUPTCY 当前跨境破产研究所面临的问题
Russian-Asian Legal Journal Pub Date : 2023-03-30 DOI: 10.14258/ralj(2023)1.10
E. Kovalenko, M.V. Litskas
{"title":"CURRENT ISSUES OF THE INSTITUTE OF CROSS-BORDER BANKRUPTCY","authors":"E. Kovalenko, M.V. Litskas","doi":"10.14258/ralj(2023)1.10","DOIUrl":"https://doi.org/10.14258/ralj(2023)1.10","url":null,"abstract":"In modern conditions, the legal regulation of issues of cross-border insolvency of subjects of internationalprivate law is of particular importance due to the complication of the economic and foreign policy situationaround the world. In such conditions, urgent problems of protecting the rights and legitimate interestsof creditors acquire particular importance. The article deals with topical issues of the institution of crossborder bankruptcy and the tasks of improving insolvency procedures complicated by a foreign element.The authors identified the following most important and interesting problematic issues: 1) the problemof «bankrupt tourism» (and closely related issues of mutual recognition of court decisions and proceduralestoppel); 2) the problem of bringing the persons controlling the debtor to subsidiary liability; and 3) theproblematic aspects of conflict regulation of challenging and invalidating the debtor's transactions. Theauthors pay special attention to the complexity and ambiguous approaches to the choice of applicablelaw and appropriate bindings in such situations. As a result of studying Russian and foreign experience inapplying the norms of private international law in judicial practice in cases arising in the field of cross-borderbankruptcy, the authors came to the conclusion that the domestic legal framework for the legal regulation ofrelations in the field of cross-border bankruptcy needs further changes, primarily on the level of perceptionof universal or regional agreements, such as EU Regulation 20.05.2015 N 2015/848 (Recast), within whichmany contentious issues that arise when choosing the applicable law in matters of cross-border insolvency(bankruptcy) are settled. The Russian legislator should also pay close attention to the problems of crossborder insolvency in the current sanctions conditions, provide for mechanisms for the priority protection ofthe rights of domestic participants in economic turnover, while not excluding the positive foreign experienceof legal regulation in this area.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"64 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":"116319116","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}
引用次数: 1
ON STRENGTHENING CRIMINAL LIABILITY FOR SEXUAL CRIMES COMMITTED BY CLOSE VICTIMS 论加强亲密被害人性犯罪的刑事责任
Russian-Asian Legal Journal Pub Date : 2023-03-30 DOI: 10.14258/ralj(2023)1.9
N.V. Tydykovа
{"title":"ON STRENGTHENING CRIMINAL LIABILITY FOR SEXUAL CRIMES COMMITTED BY CLOSE VICTIMS","authors":"N.V. Tydykovа","doi":"10.14258/ralj(2023)1.9","DOIUrl":"https://doi.org/10.14258/ralj(2023)1.9","url":null,"abstract":"The article is devoted to the study of the question of the possibility of the influence of the nature of therelationship between the perpetrator and the victim on the differentiation of criminal liability for sexualcrimes. With references to foreign experience, it is proved that the commission of such crimes by personswho are in a relationship with the victims, involving trust, recognition of authority, security assurance, is afactor that significantly increases the degree of public danger of these crimes. It is proposed to supplementarticles 131, 132, 134 and 135 of the Criminal Code of the Russian Federation with such a qualifyingcircumstance as their commission by a person who is close to the victim, or lives together with the victim,or who is responsible for treatment, education or training. The substantiation of the differences betweenthe wording proposed for the Russian Criminal Code of the Russian Federation and those used by foreignlegislators is given. In each of the elements of crimes, the place of this qualifying feature is determined. It isproved that taking into account in such cases only the aggravating circumstance in the Criminal Code of theRussian Federation will not ensure an increase in liability to the required level.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"34 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":"129267099","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}
引用次数: 0
ROSTEKH STATE CORPORATION: LEGAL AND PRACTICAL ASPECTS OF ACTIVITY 俄罗斯国家公司:活动的法律和实践方面
Russian-Asian Legal Journal Pub Date : 2023-03-30 DOI: 10.14258/ralj(2023)1.4
T. L. Platunova, V. A. Mezhentsev
{"title":"ROSTEKH STATE CORPORATION: LEGAL AND PRACTICAL ASPECTS OF ACTIVITY","authors":"T. L. Platunova, V. A. Mezhentsev","doi":"10.14258/ralj(2023)1.4","DOIUrl":"https://doi.org/10.14258/ralj(2023)1.4","url":null,"abstract":"The article provides a study of the Rostec State Corporation as a non-profit organization, as a legalentity endowed with all the features. Such a statement of the problem led to an analysis of the structureof the corporation, the functions, and management bodies of the corporation. In the course of the study,both the legal features of building a corporation and the practical aspects of its activities are considered.The role of this state corporation in economic processes within Russia is considered. The analysis of theregulatory framework for the functioning of the state corporation was carried out, the role of civil law inregulating processes in the corporation was noted. The study traces the role of the state corporation in theformation of new, relevant sectors of the economy, effective import substitution. The paper notes that thestate corporation is constantly improving the mechanism of corporate governance, however, problems in thisarea are also noted. Conclusions are drawn regarding the mechanism of legal interaction between industrialenterprises and the state corporation.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"34 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":"133421777","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}
引用次数: 0
КРИМИНАЛИСТИЧЕСКАЯ ХАРАКТЕРИСТИКА ПРЕСТУПЛЕНИЙ, СОВЕРШАЕМЫХ С ИСПОЛЬЗОВАНИЕМ ЦИФРОВЫХ ФИНАНСОВЫХ АКТИВОВ 数字金融资产犯罪的犯罪特征
Russian-Asian Legal Journal Pub Date : 2023-03-30 DOI: 10.14258/ralj(2023)1.7
A. V. Semenov
{"title":"КРИМИНАЛИСТИЧЕСКАЯ ХАРАКТЕРИСТИКА ПРЕСТУПЛЕНИЙ, СОВЕРШАЕМЫХ С ИСПОЛЬЗОВАНИЕМ ЦИФРОВЫХ ФИНАНСОВЫХ АКТИВОВ","authors":"A. V. Semenov","doi":"10.14258/ralj(2023)1.7","DOIUrl":"https://doi.org/10.14258/ralj(2023)1.7","url":null,"abstract":"The article discusses the main provisions on the criminalistic characteristics of crimes committedusing digital financial assets. During the research, the author used various methods of scientific cognition,the basis was the dialectical method using the basics of deduction. Studying general approaches to thedefinition of criminalistic characteristics of crimes, including using the historical method of cognition, theauthor highlights its features of computer crimes in general, and crimes committed using digital financialassets in particular. Further, the study establishes the main approaches to the concept of computer crimes,identifies their types and criminalistic features. The author comes to the conclusion that the very conceptof «computer crimes» refers exclusively to criminology, it is extremely difficult to single out the substantivefeatures of such crimes in relation to substantive law. Further, on the basis of a general analysis, the featuresof the criminalistic characteristics of crimes committed using digital financial assets are determined andsystematized, to which the author refers: the method of commission, the situation and the identity of thecriminal.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"30 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":"115425101","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}
引用次数: 0
SOME ISSUES OF THE APPLICATION OF CRIMINAL LAW FOR PERSONS INVOLVED IN THE PROTECTION OF PUBLIC ORDER AS PART OF THE PEOPLE'S SQUAD 人民队伍中参与维护公共秩序人员适用刑法的若干问题
Russian-Asian Legal Journal Pub Date : 2023-03-29 DOI: 10.14258/ralj(2023)1.2
V. V. Erakhmilevich
{"title":"SOME ISSUES OF THE APPLICATION OF CRIMINAL LAW FOR PERSONS INVOLVED IN THE PROTECTION OF PUBLIC ORDER AS PART OF THE PEOPLE'S SQUAD","authors":"V. V. Erakhmilevich","doi":"10.14258/ralj(2023)1.2","DOIUrl":"https://doi.org/10.14258/ralj(2023)1.2","url":null,"abstract":"The article is devoted to some issues of the legal status of people's combatants. In criminal law, their roleis defined as persons performing a public duty. Some features of the criminal liability of persons who havecommitted crimes against this category and issues related to the criminal liability of people's combatantsdirectly are considered. The relevant problems in the application of criminal law are illustrated by examples.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127394575","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}
引用次数: 0
THE IMPORTANCE OF IDEOLOGICAL DIVERSITY AND POLITICAL PLURALISM FOR THE DOMESTIC STATE: CONSTITUTIONAL–LEGAL AND THEORETICAL–LEGAL ASPECTS 意识形态多样性和政治多元化对国内国家的重要性:宪法学和理论法学方面
Russian-Asian Legal Journal Pub Date : 2023-03-29 DOI: 10.14258/ralj(2023)1.1
A. Golovinov, Yu.V. Golovinov
{"title":"THE IMPORTANCE OF IDEOLOGICAL DIVERSITY AND POLITICAL PLURALISM FOR THE DOMESTIC STATE: CONSTITUTIONAL–LEGAL AND THEORETICAL–LEGAL ASPECTS","authors":"A. Golovinov, Yu.V. Golovinov","doi":"10.14258/ralj(2023)1.1","DOIUrl":"https://doi.org/10.14258/ralj(2023)1.1","url":null,"abstract":"The purpose of this article is to emphasize the role and significance of the constitutional principle ofideological diversity and political pluralism for maintaining the democratic foundations of the nationalstatehood. The authors show that the existence of this or that ideology is possible only within the frameworkof a constitutionally fixed legal ideology, the essence of which is to maintain a balance of constitutional values, the interests of society, the state and the individual. The paper establishes that the principle of ideologicaldiversity and political pluralism is of particular importance in a democratic constitutional state. Indeed, insuch a state, pluralism, formalized in the form of ideological diversity, is the basis of the constitutional order.Moreover, the priority of human rights as the most important foundation of the rule of law cannot be fullyrealized outside the above-mentioned principles of ideological diversity. The most complete realization ofthese rights and obligations is possible precisely in conditions of ideological diversity.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114968517","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}
引用次数: 0
FEATURES AND LEGAL CONSEQUENCES OF ADOPTION OF CHILDREN OF THE REPUBLIC OF KAZAKHSTAN BY FOREIGN CITIZENS 外国公民收养哈萨克斯坦共和国儿童的特点和法律后果
Russian-Asian Legal Journal Pub Date : 2022-12-26 DOI: 10.14258/ralj(2022)4.12
K.T. Zhumanova
{"title":"FEATURES AND LEGAL CONSEQUENCES OF ADOPTION OF CHILDREN OF THE REPUBLIC OF KAZAKHSTAN BY FOREIGN CITIZENS","authors":"K.T. Zhumanova","doi":"10.14258/ralj(2022)4.12","DOIUrl":"https://doi.org/10.14258/ralj(2022)4.12","url":null,"abstract":"The Convention on the Protection of Children and Cooperation in the Adoption of Foreigners and thelegislation of the Republic of Kazakhstan recognize children as independent persons with certain rights frombirth. There are several traditional forms of parenting. The most important legal institute is the adoptioninstitute. Adoption is the legal acceptance of a child into a family. A child as a relative has all the rightsand obligations of both a son and a daughter, and for parents this is the highest degree of responsibility forthe fate of the child and its full development. The reason for the importance of the institution of adoptionis that in our state great attention is paid to the priority of family education, and for children in need ofguardianship, only the institution of adoption can provide such an educational form. Every child should bewarm in a friendly, prosperous family.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125920576","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}
引用次数: 0
BASES OF HISTORICAL AND CULTURAL UNITY OF THE SLAVIC AND TURKIC PEOPLES IN RUSSIA AND CENTRAL ASIA 俄罗斯和中亚的斯拉夫和突厥民族的历史和文化统一的基础
Russian-Asian Legal Journal Pub Date : 2022-12-26 DOI: 10.14258/ralj(2022)4.8
A. Vasiliev, В.В. Сорокин
{"title":"BASES OF HISTORICAL AND CULTURAL UNITY OF THE SLAVIC AND TURKIC PEOPLES IN RUSSIA AND CENTRAL ASIA","authors":"A. Vasiliev, В.В. Сорокин","doi":"10.14258/ralj(2022)4.8","DOIUrl":"https://doi.org/10.14258/ralj(2022)4.8","url":null,"abstract":"Modern data show that the second half of the first millennium is a period of great importance for aholistic understanding of the history of Central Asia and adjacent territories. At this time, a new communityof nomads was formed, which became the core of one of the largest empires of the early Middle Ages — theFirst Turkic Khaganate. In the subsequent time, the scale of this political formation, which went far beyondthe Central Asian region, determined the dialogue of the Turks with the Slavic peoples and their commonfate on the territory of Eurasia.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129661940","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}
引用次数: 0
SOCIO-POLITICAL FORMATIONS OF THE TURKS AFTER THE COLLAPSE OF THE GOLDEN HORDE 金帐汗国崩溃后突厥人的社会政治形态
Russian-Asian Legal Journal Pub Date : 2022-12-26 DOI: 10.14258/ralj(2022)4.11
Z. Ibragimov, А. Vasiliev, Y. Zelenin
{"title":"SOCIO-POLITICAL FORMATIONS OF THE TURKS AFTER THE COLLAPSE OF THE GOLDEN HORDE","authors":"Z. Ibragimov, А. Vasiliev, Y. Zelenin","doi":"10.14258/ralj(2022)4.11","DOIUrl":"https://doi.org/10.14258/ralj(2022)4.11","url":null,"abstract":"The paper examines the peculiarities of socio-political formations of the Turks after the collapse ofthe Golden Horde. Different points of view on this problem are considered. The authors conclude that theMongolian influence in the Middle Ages on the neighboring peoples, in particular on the Turks and Slavs,was positive, rather than negative. Mongols became a factor in their ethnic, state-legal, spiritual, and culturaldevelopment. The elucidation of the specifics of the state system, politico-legal life of pre-Petrine Russiahelps to understand many of the peculiarities of the medieval Turkic-Mongolian statehood and the generaltendencies of the foreign policy of Russia in the 16th-19th centuries in relation to the Turks.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"309 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123885802","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}
引用次数: 1
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