Pravoprimenenie-Law Enforcement Review最新文献

{"title":"Taxation of special investment contracts participants","authors":"R. A. Shepenko, A. G. Isaev","doi":"10.52468/2542-1514.2023.7(3).85-94","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(3).85-94","url":null,"abstract":"16. Balandina A.S. Analysis of theoretical aspects of tax benefits and tax preferences. Vestnik Tomskogo gosudarstvenogo universiteta = Tomsk State University Journal, 2011, no. 4 (16), pp. 105–110. (In Russ.). 17. Danilova V.V. Tax preferences: the concept, types, goals and procedures for obtaining. Oplata truda: bukhgalterskii uchet i nalogooblozhenie, 2022, no. 4, pp. 19–26. (In Russ.). 18. Wells D.A. The Theory and Practice of Taxation. New York, D. Appleton and Company Publ., 1900. 666 p. 19. Chua A.T. Precedent and Principles of WTO Panel Jurisprudence. Berkeley Journal of International Law, 1998, vol. 16, iss. 2, pp. 171–196. 20. Belousov A.L. Preferential regimes for conduct of business: regulation problems and law improvement areas. Khozyaistvo i pravo = Economy and Law, 2022, no. 10, pp. 30–41. (In Russ.). 21. Belousov A.L. Legal aspects of formation and development of special investment contracts in the Russian Federation. Legal Bulletin, 2022, vol. 7, no. 4, pp. 9–16. (In Russ).The subject. The preferential tax regime provided to the participants of special investment contracts has been functioning in the Russian legal system for about 8 years. Despite the systematic \"fine-tuning\" of its legal regulation, taxpayers still face the legislative gaps and contradictions of separate normative provisions entailing tax risks. It seems appropriate to put forward the hypothesis that the existing tax treatment of the participants of special investment contracts is not devoid of these drawbacks, especially in terms of regional regulation, and could be improved. Purpose of the study. The article represents an attempt to verify the aforementioned hypothesis and deals with selected provisions of the Russian legislation regulating preferential tax regime for participants of special investment contracts, which in addition to the Russian Tax Code includes the Federal Law \"On Industrial Policy in the Russian Federation\", regional and municipal normative legal acts. Methodology. The methodological basis of this study are general scientific methods (analysis and synthesis, induction and deduction), private scientific methods (interpretation of legal acts), as well as content analysis, study of reports and analytical references of governmental organizations. The main results. The study revealed that the Russian legislation, mainly regional and municipal, is not fully developed. As a consequence, the preferential tax regime for the participants of special investment contracts cannot efficiently function on the entire Russian territory. Also, the regulatory framework adopted at the federal level uses incorrect terminological apparatus in terms of defining tax support measures available to participants of special investment contracts, which entails tax risks for them. Conclusions. The revealed drawbacks of the preferential tax regime for participants of special investment contracts can be leveled by means of point-by-point amendments to the federal legislatio","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135586559","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":"Competitive observance by the Russian Federation and the USA of the 1967 Outer Space Treaty","authors":"A. N. Vylegzhanin, O. A. Kiseleva, I. U. Shtodina","doi":"10.52468/2542-1514.2023.7(3).145-154","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(3).145-154","url":null,"abstract":"Introduction. Thе Russian Federation and the USA, being parties to the 1967 Outer Space Treaty, in their national legal acts refer to this source. Each of these states recognizes that the 1967 Outer Space regime is to be perfected, while having different legal outer space policy. The USA is a leader of the military outer space infrastructure and of creation national outer space legislation and separate international agreements (“The Artemis Accords”), thus imposing its own track to develop the 1967 Treaty. Materials and methods. This research addresses relevant international documents on international space law as well as acts of national legislation pertaining to the topic. Research results. In modern political conditions the quality of a state defense and its economic development is linked to the efficiency of the outer space infrastructure, including communication and reconnaissance satellites. While the U.S. intends to achieve military supremacy in the outer space, the 1967 Treaty seems to be a barrier to such intention although the U.S. provides its own interpretation of the Treaty. Another significant area of competition between Russia and USA in the outer space legal policy is the observance of the natural resources treaty provisions. According to the USA, a state is entitled unilaterally exploit the space resources, and its persons are entitled to commercial use of such resources based on national law. This position of the United States resulted in creation of its national legislation opportunities for natural resources activities in outer space. The Russian Federation continues to defend multilateral approach to the exploitation of space resources and to call upon strictly observance of the 1967 Outer Space Treaty. There are also competitive legal positions of the USA and Russia relating to the notion of “common province of mankind” provided by the 1967 Treaty. The main results. In this context, the paper after providing prolegomena to the competitive principle in international law, suggests some theoretical ideas for perfecting of the legal position of the Russian Federation as a response to the modern outer space legal policy of the USA. Discussion and conclusions. In the legal literature on this issue different views are assessed – from a radical rejection of the US model of behavior and continuation of efforts to strengthen the 1967 Treaty regime, to proposals to adopt a new national Russian legislation providing rights of persons to exploit the natural resources of celestial bodies, thus provid-ing incentives for private investors. This track leads to more competition with the USA, observing at the same time the 1967 Treaty as the “corpus juris specialis”.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135586561","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":"Overriding the rules of international tax treaties by the means of the national law of one of the parties (“Tax treaty override”)","authors":"I. A. Khavanova","doi":"10.52468/2542-1514.2023.7(3).95-104","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(3).95-104","url":null,"abstract":"Subject of research. The article is dedicated to the “tax treaty override”; it outlines debatable aspects, associated herewith. “Tax treaty override” is an action (in certain cases - omission of action) to expand taxation beyond (jurisdictional boundaries), defined in double taxation agreements which is implemented mainly through the intentional alteration of national legis-lation. The correlation between national and international legal norms has major impact upon the agreements on double taxation of income taking into account that many states including Russia are participants to the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting 2016, which modifies rules of the men-tioned agreements and therefore begets a large number of possible collisions. Goal of the article. The goal of the article is to demonstrate that even if constitutional pro-visions don’t prevent the adoption of legislation on taxes and charges in contradiction with international obligations – that doesn’t imply that the latter lack legal significance. The goal also includes revealing specific features of double taxation agreements one of which is deep integration with domestic tax legislation that doesn’t stand still, but is evolving constantly. Methods of research. The preparation phase included the following research methods: formallogical analysis, system-based analysis, description, juxtaposition, synthesis and summarizing. Basic outcomes. The author draws a conclusion that the alteration (expansion) of tax jurisdiction which impacts i.a. the contents of tax residents’ rights of one or both treaty countries (party countries, treaty states) is actually the essence of tax treaty override. The main objectives of regulatory impact are jurisdictional capabilities (distributive rules) of states and tax reliefs for residents (individuals for the tax agreements). The phenomenon under consideration represents an artificially generated collision between the provisions of tax treaties and more recent norms of domestic legislation of one of the countries subject to a tax agreement, while the mentioned issue should be resolved in favor of domestic regulations. The main goals of regulatory impact include: jurisdictional capabilities of states (dis-tributive rules) and tax reliefs or benefits for residents (individuals for the tax agreements). Tax treaty override emerges when a provision of a law prevails and cannot be overridden by the means of tax agreements, including the test of correspondence between a national legal definition and the agreement context. At the same time legal changes that have prevailing power may correspond with international law (reasonable protection of national tax base) since the treaty states seek to eliminate double taxation without creating possibility of taxation freedom or reduction of taxation through tax avoidance and tax evasion.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135586558","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":"Change of factual circumstances in the context of the issuance of judicial acts in civil cases","authors":"K. S. Ryzhkov","doi":"10.52468/2542-1514.2023.7(3).125-134","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(3).125-134","url":null,"abstract":"The subject of the study within the framework of this article are the norms of civil procedural law and arbitration procedural law concerning the issuance of judicial acts in connection with a change in factual circumstances relevant to the case. The purpose of the study is to identify and classify cases in which the current legislation and law enforcement practice allow the issuance of a new judicial act in connection with a change in the actual circumstances of the case. At the same time, the purpose of the study is related to the confirmation of the hypothesis about the diversity of the bases of such a classification. Within the framework of this study, the functional method, the system-structural method, the formal-legal method and the hermeneutic method were used. The use of these methods is due to the need to analyze a large volume of legal norms and judicial practice on the subject of the study. The article analyzes the legal mechanisms, the application of which is associated with the issuance of judicial acts in the framework of civil and arbitration proceedings based on changes in the factual circumstances of the case. The following mechanisms are identified as these mechanisms: the possibility of filing a claim with a new basis, revision of judicial acts under new circumstances, changing the method and procedure for the execution of a court decision, postponement and installment of the execution of a court decision, indexation of the amounts awarded. Cases of application of these mechanisms are classified according to the procedural order of consideration by the court of changes in circumstances and its consolidation in judicial acts, while the following types are distinguished: cases related to the consolidation of circumstances by making a new court decision on a claim with a new basis; cases related to the consolidation of circumstances by making a court ruling in connection with the emergence of new circumstances; cases related to the consolidation of circumstances by issuing a court ruling in connection with a change in the method and procedure for the execution of a court decision, postponement and installment of the execution of a court decision, indexation of the amounts awarded. Cases of the use of these mechanisms are also classified by the type of judicial act fixing such changes, while the following types are distinguished: cases related to the consolidation of circumstances by issuing a court decision; cases related to the consolidation of circumstances by issuing a court ruling. The author concludes that the use of the term \"new circumstances\" is incorrect in relation to certain grounds for reviewing judicial acts, in connection with which it is proposed to amend the norms of procedural legislation. In relation to these cases, it is proposed to use not the term \"new circumstances\", but the term \"change in the content of legal norms or their interpretation that is relevant to the case\". Based on the above, the purpose of th","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135586560","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":"Trade unions of Russia in the system of social partnership: legal regulation, problems and prospects of development","authors":"G. N. Obukhova","doi":"10.52468/2542-1514.2023.7(3).135-144","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(3).135-144","url":null,"abstract":"The subject. Proclaiming the ideas of partnership and solidarity, the state designates a completely new development focused on socio-economic relations in Russia, involving new principles of interaction between society, business and the state. The revision of the status of subjects of social partnership will be aimed at further development of the system of guarantees of human and civil rights and freedoms. Purpose of the study. The purpose of this work is a comprehensive analysis of the trade union as a subject of social partnership based on the study, analysis and generalization of the scientific base, current legislation and practice of its application. Effective protection of the rights and legitimate interests of employees is possible only if there is an effective mechanism of implementation of trade union control over their compliance. Therefore, it seems that in the near future the share of public control over compliance with labor legislation and labor protection should increase. Methodology. In the process of achieving the goal and solving the tasks set, the general scientific dialectical methods of cognition, as well as logical, historical, comparative legal and formal legal methods were used. Structural and systemic methods are also the basis of the study. The conclusions of the work are based on dialectical unity and the struggle of opposites. The main results. In the process of scientific research, it can be concluded that a society should be able to exercise public control over the observance of human rights in this society. During the reforms, trade unions lost the right to legislative initiative at the federal level, the rights to state supervision of compliance with labor legislation and the state of labor protection, and consideration of individual labor disputes. At the same time, trade unions have re-ceived a number of new rights, for example, to participate in the resolution of collective labor disputes, in collective bargaining, to conclude social partnership agreements, etc. Despite the declared principle of independence of trade unions from the state, as a result, it is impossible to create and legalize the legal status of the trade union movement without a state regulator. Therefore, the independence of any legal entity is, in principle, relative. Nevertheless, associations of employees are provided with a sufficient amount of corporate independence, which actually ensures their national and individual characteristics. Conclusions. Trade unions are an important element of civil society. Without increasing their role, it is impossible to achieve harmony in social and labor relations. In this regard, the question of the new status of trade unions in Russia should be raised. This conclusion is justified by the fact that free and independent trade unions are the guarantors of social justice and security. Consequently, the use of the market mechanism by the population depends on whether it is possible to regulate the labor mark","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135586411","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":"Administrative and legal regulation of greenhouse gas emissions in the framework of a regional experiment","authors":"A. S. Matnenko, D. A. Gershinkova","doi":"10.52468/2542-1514.2023.7(3).75-84","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(3).75-84","url":null,"abstract":"A legal experiment refers to approbation of legislative novelties on a limited scale and covering a limited number of people aiming at assessing effectiveness and usefulness of novelties in order to determine optimal options for future commonly applicable law-making decisions. During the Soviet period, legal experiments were conducted in a systematic manner. The scientific concept of the experiment was in place, including the methodology of conducting the experiment, goal setting, principles of the experimental legal regime, its stages, and results’ evaluation. Today, legal experiments are not regulated. The criteria and principles for conducting legal experiments are formulated mostly for the scientific field. Nevertheless, there are some emerging legal forms where definitions and procedures for conducting experiments are being legally codified. This may be a sign of the emergence of a new direction in the development of the administrative laws. Experiments are conducted in various areas of legal relations, such as economics and finance, culture, environmental and social spheres, digitalization, ets. A recent example of a legal experiment in the environmental sphere is the Law on conducting an experiment on limiting greenhouse gas emissions in some regions of Russia, which was adopted in 2022. The experiment will continue until 2028. It involves introduction of a pilot cap and trade system. Sakhalin region has been chosen for its piloting. Cap and trade system is being introduced for key regional emitters – regional regulated organizations (RRO) in an attempt to achieve carbon neutrality of the Sakhalin Region by 2025. The analysis of the pilot regulatory framework for the Sakhalin experiment has led to the following conclusions: – the experiment is based on a combination of administrative and civil law norms; – generally speaking, the pilot regulatory framework in the Sakhalin Region meets the main criteria for conducting the experiment. However, lack of a clear system for evaluating its results and uncertainty regarding its further application in the country are significant drawbacks; – the use of quotas as one of the administrative and legal methods of regulation is being tested. A comprehensive experiment could involve testing other methods in order to identify the most effective approach for greenhouse gas emissions’ reduction. The option of paying a fixed amount (1000 rubles) for exceeding the quota represents a quasi-tax, which can be seen as a separate regulatory method; – the state support measures are a counterweight of the additional financial burden put on the RRO and should be specified is dedicated normative acts. Substantial support measures may potentially allow for replacement of a special coefficient that reflects the amount of the tax payed by RRO used in the quota calculation methodology and thus help to ensure harmonization with foreign analogues.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135586555","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":"Sources of international family law: a posse ad esse non valet consequentia","authors":"E. P. Voytovich","doi":"10.52468/2542-1514.2023.7(3).155-164","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(3).155-164","url":null,"abstract":"The sources of international family law are not accurately defined in Russian legislation and legal doctrine, and are often misinterpreted in practice as well. The subject of this study, therefore, is the legal form of private international law norms, to determine the set of sources to be used to resolve cross-border family disputes in Russia. The research methodology adopted by the author includes the logical methods of analysis and synthesis, as well as formal, legal and comparative private scientific methods. A logical result of insufficient attention to the sources of private international law is the persisting ambiguity in their composition, which has manifested into the analysis of the sources of international family law. The author concludes that the broad understanding of private international law sources proposed by legal doctrines and the Supreme Court of the Russian Federation does not find full confirmation in resolving cross-border family disputes in practice. Outdated regulation does not allow international treaties to maintain precedence in the system of sources. Despite the Ruling of the Supreme Court of the Russian Federation on the procedure for its application, the use of international treaties has not become wide-spread in resolving cross-border family disputes by Russian courts. The inconsistency of Russian legislation with the generally recognized principles and norms of international law has sparked academic discussion regarding their regulatory impact. This, however, did not prevent the highest court from referring to them as the sources of private international law for the Russian Federation. This study demonstrates the lack of convincing evidence for their use as a source of international family law. Acts of international organizations, when provided in the form of an international treaty or regulation, can serve as a basis for resolving cross-border family disputes. Acts that do not have a similar expression are not sources, but can influence the legislator due to their rec-ommendatory nature. The domestic legislation of the Russian Federation comprises a large number of Acts con-taining the norms of international family law. While agreeing with the idea of its codification as a whole, the author opines that it requires not only a thorough analysis of de lege lata, but also a balanced approach to de lege ferenda. Customs recognized in the Russian Federation have the potential value of a source of international family law. However, at the same time, their use in resolving cross-border family disputes is not supported by empirical data. Foreign law, including foreign customs, is the set of rules that can be applied in resolving disputes, subject to regulatory permission. They should be distinguished from the sources of law of the national legal system. Therefore, it is incorrect to consider them as sources of private international law of the Russian Federation.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135586557","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":"Princi-ples of legal zoning in the judicial practice","authors":"T. V. Gudz, L. V. Soldatova, N. V. Samolovskikh","doi":"10.52468/2542-1514.2023.7(3).105-115","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(3).105-115","url":null,"abstract":"The present article deals with the study of the principles of legal zoning through their disclosure in judicial practice. The topic is underdeveloped. The purpose of the study is to identify the role of judicial practice in the legal regulation of urban zoning, as well as the impact on law enforcement and lawmaking activities in this area. The authors propose to use a classification of principles of legal zoning by level of their action (general legal principles, principles of sectoral legislation and special principles) and revealing their content through the analysis of judicial practice materials. In addition to general scientific methods, the comparative legal, formal legal and interpretation methods made it possible to achieve better results. The analysis was conducted with respect to judicial acts adopted by the Supreme Court of the Russian Federation, as well as judicial acts of courts of general jurisdiction and arbitration courts of cassation and appeal instances. More than 150 judicial acts in several catego-ries were examined in total: – Challenging general plan and land use rules as a legal act; – Challenging the refusal to grant permission for permitted use or challenging the granted permission for permitted use; – Challenging the refusal to grant permission to deviate from the maximum parameters of permitted construction, reconstruction of the object of construction or challenging the permission to deviate from the maximum parameters of permitted construction. According to the results of the study it is possible to identify several ways of working with the principles of legal zoning: – direct quotation and application, if it is a principle of sectoral legislation, which is enshrined, for example, in the Urban Planning Code of the Russian Federation; – disclosure of content without precise formulation, for example, the principle of protection of previously arisen rights of right holders of land plots when changing legal zoning, which is not directly mentioned in judicial acts, but is disclosed through references to current legislation; – the formation of new principles not enshrined in the current legal acts, such as the principle of primacy of the master plan or the principle of belonging of a land plot only to one territorial zone. Approaches and legal provisions, broadcasted by judicial practice, are reflected in the law enforcement and law-making activities of local self-government bodies. The authors draw attention to the fact that local self-governing bodies assess and take into account the emerging judicial practice in different ways. This fact is confirmed by the current editions of the rules of land use and development in different Russian cities.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135586562","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":"Appendices to the statement of claim: between demanding and exces-sive condency","authors":"L. A. Terekhova, I. V. Merenkov","doi":"10.52468/2542-1514.2023.7(3).116-124","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(3).116-124","url":null,"abstract":"Subject of the research. The article deals with the problems of access to court and violation of the adversarial principle in case of unreasonable decision by the court to leave the claim without movement. The purpose of the research: to determine the nature of possible violations of the principles of access to justice and competitiveness at the time of filing a claim and to identify a way to eliminate violations. Research methods: formal-legal method, anal-ysis, synthesis, formal-logical method. The main results. The procedural and legal consequences of noncompliance with the requirements for a statement of claim is the issuance by the court of a decision to leave the statement without movement, in which it indicates the grounds for this procedural action and the period during which the plaintiff must eliminate the circumstances that served as the basis for leaving the statement of claim statements without movement (part 1 of article 136 of the Civil Рrocedure Code of the Russian Federation). The problem is that an appeal against this ruling is not provided. In cases where the shortcoming of the submitted application is the absence of evidence in the annex to it, which is impossible for the applicant to obtain, the applicant will not be able to comply with the court order or appeal against the ruling issued by the court. In fact, the applicant is deprived of access to the court. In this situation, the plaintiff cannot count on any court assistance in obtaining (reclaiming) the necessary evidence: the court provides assistance in collecting evidence only at the stage of preparing the case for trial, i.e. after the case has been opened. The Constitutional Court of the Russian Federation did not see any problems in this situation, because it is impossible to independently appeal the ruling of a court of general jurisdiction on leaving the statement of claim without movement, however, failure to comply with the requirements specified in it is the basis for issuing a ruling on the return of the statement of claim, against which a private complaint can be filed. The paradoxical nature of such a statement that leaving the statement of claim without movement does not prevent the further movement of the case. In our opinion, the problem under discussion would be solved much easier if Article 136 of the Civil Рrocedure Code of the Russian Federation had provided for the obligation of the court to accept the statement of claim, that is, to initiate a civil case after the deadline set by the court for the presentation of evidence, provided that the applicant justifies the impossibility of obtaining requested documents for reasons beyond his control. Then it would be possible for him to receive the assistance provided by law from the side of the court. Otherwise, the person may lose access to the court. Conclusions. The court has the right to point out the shortcomings of the statement of claim, which is carried out by issuing a ruling on leaving the stateme","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135586556","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":"Formation and development of the highest state authorities of the Donetsk People's Republic and the Luhansk People's Republic from self-declaration to admission to the Russian Federation","authors":"E. S. Anichkin, I. Yu. Mankovskiy, Yu. I. Kolpakova","doi":"10.52468/2542-1514.2023.7(3).45-54","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(3).45-54","url":null,"abstract":"The subject of this study is a scientific understanding of the formation and development of the supreme state authorities of the People's Republics of Donbass (DPR, LPR) as unrecognized states from the time of their self-declaration in 2014 to their admission to the Russian Federation in 2022. The purpose of the study is to identify the main features, stages of formation and development of institutions of supreme state power (the head of state, parliament, government and courts) in the republics of Donbass in the period from 2014 to 2022. The methodological basis of the research was a wide range of general and special methods of scientific cognition. Dialectical, analysis and synthesis, induction and deduction were used as general scientific methods. Comparative-legal, system-structural and formal-legal methods were used as special methods. General scientific methods, especially dialectical ones, allowed us to study the factors and the process of evolution of the constitutional status of the supreme state authorities of the DPR and LPR in the conditions of military confrontation with the mother state and political rapprochement with Russia. Using the comparative legal method, a comparative analysis of the status of the highest state authorities of the DPR, LPR and the Russian Federation was carried out. The system-structural method was used in the study of intra-system changes in the constitutional status of the studied authorities. With the help of the formal legal method, a study of normative legal sources was conducted, which made it possible to form the logic of the presentation of the material and the conceptual apparatus of the declared topic. The procedure for the formation and activities of the state authorities of the DPR and LPR are regulated by an array of legal acts, the norms of which reflect both the identity of the power institutions of the republics of Donbass and the tendency to the reception of constitutional and legal institutions existing in Russia. This allows us to state with confidence the presence of a number of features in the process of evolution of the highest state authorities of the republics of Donbass, which reflect the focus on integration with a more developed state system of Russia, the formation in a short historical time, the proximity of the mechanism of organization and content of the competence of the highest state authorities of the two republics, caused, including their formation in the conditions of the special the legal regime of martial law. The results of the study can be useful at the present stage of integration of new subjects of the Russian Federation into the legal system of the Russian Federation and into the system of its state authorities. The conclusion is reasoned that the transformation of the institutions of the supreme power of the republics of Donbass has passed two stages and is currently in the third. The first stage is characterized by the formation of its own republican system of supr","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135720704","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}