Pravoprimenenie-Law Enforcement Review最新文献

{"title":"Organizational and legal forms and differences in the administrative and legal status of the territorial bodies of the federal executive authorities of the Russian Federation","authors":"A. P. Demin","doi":"10.52468/2542-1514.2023.7(3).65-74","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(3).65-74","url":null,"abstract":"The subject of the study is the norms of administrative legislation regulating the territorial features of public administration in Russia. The chosen topic receives a certain update against the background of the formation of the definition of \"system of public authority\", which is not fully covered at the doctrinal level. The purpose of the study is to assess the current state of legal regulation of the activities of territorial bodies of federal executive bodies. In the context of the functioning of the power vertical, there is a need to unify their administrative and legal status, since the unity of the public authority system is the achieved result of the constitutional reform of 2020. Methodology and research methods. As the basis of the research methodology, the author chose the formal legal method, based on the established principles of dialectical cognition. With its help, the non-transparency of the organization of territorial bodies exercising the fullness of state administration in the subjects of the federation was revealed. The main scientific results of the study are built around the hypothesis of excessive institutionalization of the territorial and central divisions of the executive authorities with the priority of subordinate legal regulation. It has been proved that in this case, both the efficiency of public administration and the trust in public law institutions on the part of civil society may decrease. Conclusions. Based on the legal nature of the territorial bodies of the federal executive authorities, it can be concluded that they are in hierarchical subordination, but at the same time they are endowed with the full implementation of the powers attributed by law to their jurisdiction. In the absence of a single normative act that would detail the constitutional foundations for the exercise of public authority, most of them are established in the manner prescribed by the normative act issued by the entity that manages the activities of the relevant federal executive authority. This practice has hidden defects that reduce the effectiveness of public administration. The best way to create a transparent mechanism of public administration is to abandon the practice of legal regulation of the administrative and legal status of the territorial bodies of federal executive authorities by by-laws. By-laws may have a certain potential in terms of the distribution of powers within the structure of the territorial body of the federal executive authority, however, “status” norms should be present in the provisions of a separate federal law regulating the procedure for the establishment, transformation and liquidation of the territorial bodies of the federal executive authority.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"123 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":"135720705","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":"The idea of a welfare state in the aspect of state-legal monism and pluralism","authors":"S. V. Biryukov, A. E. Evstratov","doi":"10.52468/2542-1514.2023.7(3).15-24","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(3).15-24","url":null,"abstract":"The problem of implementing the idea of a social state is considered from the point of view of state-legal monism and pluralism at the level of humanity, that is the possibility of the emergence of a universally recognized model of such a state or the inevitability of the coexistence of various such models due to national, economic, cultural factors operating in specific countries. Attention is drawn to the fact that such a problem is also relevant in relation to the ideas of a democratic and rule-of-law state. In general, the coincidence of formal characteristics of states reflected in modern constitutions is accompanied by statements about the absence of unified concepts of democracy and human rights. To an even greater extent, this is characteristic of the search for a solution to the so-called social issue. The theses underlying the concept of the welfare state by L. von Stein are presented. In particular, it is indicated that, in his opinion, the simple development of the social security system of the poor class is not enough to solve the “social issue”. The further development of the idea of a social state is shown, discussions are touched upon regarding the understanding of its essence and the problems that were revealed during the social reforms carried out by socio-democratic and liberal forces in capitalist states at the end of the 19th and 20th century. The main approaches to the constitutionalization of the social state are revealed (the “simple” proclamation of “social” statehood in the constitution; the clear formation of the goals and objectives of such a state; the absence of an indication of the social nature of the state). The classifications of the welfare state carried out by G. Esping-Andersen, as well as modern researchers of Russia and neighboring countries are analyzed. It is established that the very existence of a “social issue” and the importance of one or another of its solutions are gradually becoming generally recognized. Despite this, the fixation of the social character of the state has not yet received the same universal distribution as, for example, theses about the democratic and legal nature of the state. Both the implementation of the idea of a welfare state where it is legally recognized, and its declared “projects” are very diverse, while the typology of the welfare state is subject to further study. The social model, the framework of which determines the position of the state in relation to society, is, on the one hand, the result of the evolution of a complex of factors specific to each country, and on the other, the result of a conscious choice. Different models of the welfare state are characterized by different degrees of realization of the interests of different social classes, a different relationship between the beginnings of society and the state. Accordingly, these models are “attractive” to representatives of the haves and have-nots to varying degrees, they compete with each other at the internati","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"98 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":"135720706","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":"The concept of the development of the mechanism of reputational responsibility of the organization within the framework of a new model of scientific attestation","authors":"S. V. Narutto, A. V. Bodrov","doi":"10.52468/2542-1514.2023.7(3).34-44","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(3).34-44","url":null,"abstract":"The subject of the study is the concept of developing a mechanism for the reputational responsibility of organizations endowed with the rights provided for in paragraph 3.1 of Article 4 of the Federal Law from August 23, 1996 No. 127-FZ \"On Science and State Scientific and Technical Policy\". The purpose of the article is to propose specific tools for the implementation of the mechanism of reputational responsibility of organizations with the right to independently award academic degrees. The article examines the method of self-examination of the certification model of the organization, indicators of its effectiveness, and also provides proposals for the development of indicators for monitoring the activities of dissertation councils of organizations with the right to independently award academic degrees. The use of general logical research methods, including analysis and synthesis, the formal legal and comparative legal methods, allowed the authors to come to the following conclusions: (1) for the effective conduct of self-examination in each organization, it is advisable to adopt local regulations that approve the regulation on the procedure for conducting selfexamination and the report on the conduct of self-examination; (2) the list of information and data given in the article to be assessed during self-examination is exemplary, and can be expanded taking into account the characteristics of a scientific or educational organization; (3) organizations can be recommended to distribute digests about the dissertations defended, their real contribution to the development of science to leading educational and scientific organizations, and post them in free access on the official website of the organization. They may also contain information about self-examination and monitoring of dissertation councils, scientific attestation processes, other information that contributes to the formation of a stable positive image of the organization, the scientific community's trust in its certification model. It is substantiated that, within the framework of the new model of scientific attestation, the development of the institution of reputational responsibility of organizations with the right to independently award scientific degrees is the key to ensuring the quality of reproducible scientific personnel.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"44 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":"135720703","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":"Constitutional and legal foundations of the unified system of public power in the Russian Federation (regional aspect)","authors":"O. A. Kozhevnikov, A. V. Chuklin","doi":"10.52468/2542-1514.2023.7(3).55-64","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(3).55-64","url":null,"abstract":"Within the framework of this study, theoretical approaches to understanding public power in the context of various areas of scientific knowledge are analyzed. In the course of this work, attention is drawn to the constitutional approach, according to which the unified system of public power in the Russian Federation includes two independent, but interacting levels: state and municipal. In this regard, it is noted that the federal legislation adopted in the development of constitutional provisions significantly expands this approach and actually establishes a three-level system of public power. As a consequence, the problem of substantiating the existence of a unified system of public power in the subjects of the Russian Federation is being actualized. Using the system-logical method of research, the provisions of Federal Law No. 414-FZ of December 21, 2021 \"On the general principles of the organization of public power in the Subjects of the Russian Federation\", which normatively establish the category of a unified system of public power in the subject of the Russian Federation, are analyzed in the work. Certain provisions of the said federal law are not fully consistent with each other and with other federal legislation, including with regard to the constitutional and legal understanding of the unified system of public power. At the same time, attention is drawn to the fact that the territorial principle cannot underlie the allocation of an independent regional level of public power, since the derivation of public power from the understanding of \"state\" and \"statehood\", on the basis of equality of the subjects of the Russian Federation as a constitutional principle, makes it impossible to have a different ratio of intra-system connections in the systems of public power in the subjects of the Russian Federation. The formal legal approach made it possible to trace the dynamics of changes in the constitutional (statutory) legislation of the subjects of the Russian Federation, depending on the understanding of the place of state authorities of the subjects of the Russian Federation in the unified system of public power. Various normative variations of the constitutional (statutory) legislation of the subjects of the Russian Federation, aimed at bringing it into line with the same constitutional text, indicates the absence of an unambiguous and uniform understanding of the place of the system of state authorities of the subjects of the Russian Federation in the unified system of public power in the country. Thus, it is noted that the development of a uniform approach based on the positions of the Constitutional Court of the Russian Federation, which are mandatory for all subjects of legislative activity, to the content of the category \"unified system of public power in the Russian Federation\" is fully capable of ensuring the goal of its formation stated in Part 3 of Article 132 of the Constitution of the Russian Federation in compliance with all const","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"5 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":"135720702","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 anomie in the legal system: theoretical and methodological bases of research","authors":"A. V. Malko, D. A. Lipinsky, R. S. Markunin","doi":"10.52468/2542-1514.2023.7(3).5-14","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(3).5-14","url":null,"abstract":"A comprehensive general theoretical analysis of legal anomie in the legal system of modern Russian society is carried out. It is said that the theory of state and law currently lacks even the foundations of a holistic concept of legal anomie, but it is precisely this that acts as one of the causes of corruption, terrorism, extremism, legal irresponsibility, a high level of delinquency, massive non-compliance with prohibitions, distancing a significant number of citizens from state power and its rejection. The authors note that anomie to one degree or another always exists. At the same time, the state of social anomie inevitably increases when significant changes occur that affect the social structure and norms. Anomie is an interdisciplinary category that requires appropriate approaches to itself. Social anomie is based on the general interdisciplinary concept of \"social deviations\", which is studied by a variety of sciences: philosophy, sociology, psychology and many others. A brief description of the theoretical and methodological foundations of the study of social deviations, social anomie and its specific variety - legal anomie is given. For the most complete analysis of legal anomie, it is proposed to use not only systemic (within the category \"legal system\"), but also comprehensive (within the category \"social and legal life\") approaches, as well as a number of other methods (in particular, historical, structural and functional and statistical). Legal anomie manifests itself in the form of a decline in the value of law and order, a discrepancy between the goals of society and the means to achieve them offered by the state, the lack of trust between society and public authorities, sustainable legal nihilism. And if in sociology (and some other sciences) there are different directions and concepts for understanding anomie, then in the theory of state and law, a system of scientific knowledge about legal anomie has not yet been formed. Legal anomie in the legal system should be considered comprehensively, in development and comparison, revealing the contradictions and mutual conditionality of its various characteristics, possible pairing, as well as the positive and negative aspects of the existing contradictions between legal anomie and individual elements of the legal system of society. Due to the fact that legal anomie in modern society (following the social and legal life) develops and becomes more complicated, it is concluded that it is necessary to further study it, which will provide: firstly, its more complete knowledge and prediction of consequences, and secondly, the development of effective preventive measures, and, thirdly, the strengthening of counteraction to it.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"64 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":"135721886","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":"Questions of the legal limit in public law","authors":"A. V. Savina","doi":"10.52468/2542-1514.2023.7(3).25-33","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(3).25-33","url":null,"abstract":"Public legal relations, especially those related to finance, are a developing and complex group of public relations with a long history. All over the world, there is a continuous process of modernization of legislation, the establishment of new rights and obligations of participants in public relations, the formation or abolition of prohibitions, restrictions, permits. Legal regulation mechanisms are also being improved in the world. Society has always had a need for a stable existence, a harmonious and happy life, which the state should provide. Without understanding the clear boundaries of the rights and duties of each individual, associations of citizens and the state as a whole, it is impossible to build a balance between private and public interests. The purpose of the research is a historical, philosophical, political and legal analysis of the category of \"legal limit\" in public law. Despite the large amount of fundamental research in science, there is no formed concept of the legal limit in public law in general, and in financial law in particular. In the course of the research, the author uses a different methodology. In particular, the historical method allowed us to establish the specifics of the development of limits and limitations as various states develop. The comparative method served as the basis for the analysis of paired or opposed categories: limit and limitation, justice and injustice, certainty and uncertainty, permissibility and prohibition, etc. Special attention is paid to the theory of public and private law, the aspects of the balance of private and public interests, as well as the boundaries defining these interests, are investigated. The article pays attention to legal principles and legal regimes. In the historical context, the correlation of the limits of the rights of the state and society in relation to each other is analyzed. The issue of legal limitsin certain types of financial relations comes to the fore. The conclusion is formulated about the instability of legal limits in public law and the role of political ideologies that change the legal traditions of society. The need of society for stability and confidence in its state, guarantees of legality and clear legal boundaries, objectively built on a fair basis, issubstantiated. The author also concludes that the limit in public law is a unique entity and can be considered as an independent stable category, and can act as a unique and universal tool, helping to reveal the meanings of other legal categories. The article emphasizes that oppositions form an important basis for understanding the essence of legal limits. There has always been and continues to be a need in society to eliminate injustice, and the uncertain legal limits only reinforce it. That is why certainty is an important component of legislation. Speaking, for example, about the principle of certainty of taxation existing in tax law, one should agree with the words of A. Smith, who emphasized in hi","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"21 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":"135721885","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":"Cost–benefits analysis in public law","authors":"A. Dolzhikov","doi":"10.52468/2542-1514.2023.7(2).34-42","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(2).34-42","url":null,"abstract":"The subject-matter of the research is economic analysis in public law. This method evaluates both costs and benefits of the regulatory measures. When assessing the alternatives, the judges in public litigation take into account their side effects. If an economically effective alternative is found, it should be ensured that it imposes a minimal burden on the rightholder or the costs to third parties.The purpose of the research is to argue that the cost-benefits analysis should be limited primarily to the economic field. Otherwise, personal, political, and social rights can be conferred with the properties of goods (commodification).The methodology of research is based on approaches of school “law and economics”. Economic analysis of law makes it possible to construct a scale of constitutional values, albeit not uncontroversial, but universal. This scale offers the important advantage of introducing proportionality for seemingly disparate individual freedoms and public interests. The introduction of material and financial scales, including compensation even for irreparable intangible goods, represents a better solution than the available alternatives.The main results of the research and the scope of their application. The above-mentioned method consists of assessing the costs and benefits both for the right-holders and for achieving the common good. It is necessary to analyse the costs and benefits of the challenged legal provision to individuals. Then, the governmental costs incurred in using alternative means should be reviewed. The public authorities should not incur excessive organisational or financial costs from a legal alternative that is humane to the individual. Due to the objective constraint on public resources, judges take into account future budgetary expenditures.In constitutional adjudication and administrative litigation, cost-benefit analysis is most effective in the economic sphere. It is easier to ensure the measurability of judicial review, usually in monetary or other material terms. The preparatory works, including the financial and economic justification of draft laws or regulations, may serve as an informational source in reviewing the legislative provisions and administrative acts which entail material costs. The cost-benefit analysis is applicable to non-material sphere. Although such costs generated by regulators are often difficult to assess in public law. A cost-benefit analysis is possible even in the political sphere. At the same time the judges usually restrain itself from assessing the political expediency of legislative decisions and administrative actions. Conclusions. There is a danger of economic analysis being abused in public law. The disadvantages of using this methodology include the possible devaluation of values which are essential for democracy. The abstract common good and reducing public expenditure will prevail over individual freedoms. ","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87400645","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":"Theoretical approaches to the grounds of differentiation in labour law","authors":"Yulia Mihailenko, A. I. Parubov, S. V. Shakhanina","doi":"10.52468/2542-1514.2023.7(2).153-162","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(2).153-162","url":null,"abstract":"The subject. Differentiation in the science of labor law is examined as a feature of its sources; it is named among the principles of the branch and features of the method of legal regulation. The article analyzes the formation and development of the doctrine of differentiation (with an emphasis on its foundations) in the science of Soviet labor law, as well as modern problematic aspects of differentiation in labor law. Alongside the traditional division of the grounds for differentiation into objective and subjective, in the modern science of labor law it is proposed to conduct it on the basis of the structure of the employment relationship and the factor of working conditions. Subjective differentiation is proposed to be associated not only with the personal characteristics of citizens who are the subjects of employment legal relations, but also with the individual characteristics of the employer.Purpose of the study. It is proposed to specify the criteria according to which the grounds for differentiation are divided into objective and subjective ones (whether the need for special regulation is dictated by the specifics of work or is related to the special qualities of an employee). In addition, proposals are made to improve labour law in order to ensure the effective protection of labour rights.Methodology. The research was carried out with the application of the formally legal interpretation of legal acts as well as the comparative analysis of Russian and European legal literature. Method of rather-legal analysis are also the basis of the research.The main results. Thus, the criterion at the foundation of classification of differentiation factors of labour law norms is fairly obvious: whether the need for special regulation is dictated by the specifics of work (that said it does not matter which person will perform it) or whether the specificity of legal regulation is related specifically to the special characteristics of the employee and will appear regardless of the nature of his work.Consequently, employee's loss of special status entails termination of the specific rules of labour law, regardless of the will of the employer. At the same time, it is advisable to amend the Labor Code of the Russian Federation by establishing the obligation of the employee to inform the employer of such legally significant changes within a reasonable time. At the same time, the norms establishing benefits in respect of such employees should cease to be effective from the moment the employee loses his/her special status (e.g. due to removal of disability, termination of powers as a member of an election commission or member of an elected body of a trade union), while the rules imposing additional obligations and restrictions on the employee may be linked to the moment the employee notifies the employer.Conclusions. The authors clarified the criteria for classification the grounds for differentiation in labour law and, as a result, proposed amendments to labo","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"11 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87124618","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 status of non-fungible tokens (NFT): current state and prospects of legal regulation","authors":"V. Makarov","doi":"10.52468/2542-1514.2023.7(2).144-152","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(2).144-152","url":null,"abstract":"The subject. The paper considers the legal status of non-fungible tokens – a technology that allows to secure and confirm the possession of a certificate that refers to a specific digital object, based on a distributed ledger (blockchain).The purpose of the article is to research the current state of the legal status of NFTs in the Russian Federation, as well as to determine the applicability of the current Russian legislation to NFTs.The research methodology is based on the application of methods of systemic and structural analysis, formal logic, as well as methods of legal forecasting and interpretation of legal norms.The results. There is a lack of comprehensive studies on this issue in legal science. The value of NFT is substantiated through the categories of \"rivalrousness\" and \"scarcity\". The process of creating NFT - \"mint\", that is, the tokenization of a digital object, is described. The legal status of NFT is investigated, as a result of which it is concluded that the token is not equivalent to a digital object, but rather acts as a custodian of information about this object.Taking into account, firstly, the independent nature of the NFT, which is not only a digital copy of the original work, secondly, the vast scope of utilitarian application and, thirdly, its independent commercial value, it is indicated that in the perspective of the development of legislation and judicial practice, NFT should be regarded as an independent digital asset, the rights to which are subject to legal protection.Conclusions. At present, Russian legislation does not contain a legal structure suitable for NFTs. The problems of using NFT are highlighted, including the \"tokenization\" of other people's works, interference in the operation of trading platforms using technical vulnerabilities, as well as fraud. Since NFT can confirm not only the right of ownership, but also represent any subjective right, it is assumed that this technology can be used to maintain decentralized blockchain registries of real estate, shares, members of the society, vote in elections, as well as to verify identity, while simultaneously ensuring the protection of personal data.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"149 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79442777","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":"Application of legal enforcement measures for violation of financial legislation: problems of theory and practice","authors":"E. L. Vasyanina","doi":"10.52468/2542-1514.2023.7(2).53-62","DOIUrl":"https://doi.org/10.52468/2542-1514.2023.7(2).53-62","url":null,"abstract":"The subject of the study is the legal norms that fix the procedure for applying coercive measures for violation of financial legislation, as well as doctrinal approaches and concepts on the chosen subject.The purpose of the article is: firstly, to rethink the leading role of the sectoral approach to the analysis and legal regulation of enforcement measures for violations of financial legislation, the development of which has led to the formation of alternative legal structures for regulating financial relations and parallel legal institutions of legal liability; secondly, in determining effective legal instruments aimed at streamlining the system of measures of state coercion applied to subjects of financial legal relations.The article examines: alternative, bypassing the current legislation, legal regulation of relations in the field of application of coercive measures; parallel legal institutions of legal responsibility for violation of financial legislation, as well as issues of streamlining the system of property sanctions for financial offenses.The use of general logical research methods, including analysis and synthesis, the formal legal and comparative legal methods, allowed the author to come to the following conclusions: (1) the emergence of alternative legal structures for regulating coercive measures for violation of financial legislation is caused by a mixture of state functions between federal executive authorities, the reason for which is a deviation from the concept of a three-tier system of public administration; (2) based on an industry approach, the well-established opinion of the legislator to determine the types of legal liability leads to the absence of conjugation of legislative acts in this area and, as a result, to the unreasonable application of legal liability measures, to double liability, as well as to problems in the field of determining the evidence base in cases of financial offenses; (3) as a basis for streamlining the system of coercive measures for violation of financial legislation, it is advisable to take an approach aimed at overcoming the gap between branches of law, the development of which is manifested in the expansion of the reception of universal legal structures in financial legislation and the application of the obligatory method of imposing property liability, which allows creating a different mechanism for imposing economic sanctions, corresponding to the riskbased approach to the implementation of control and supervisory activities. The application of the obligatory method of imposing property liability should be accompanied by a reduction in the number of fines for offenses in the financial sector, provided for by acts of financial legislation and the Russian Code of Administrative Offenses. ","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"33 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79445610","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}