Mukhin I.V., Malykh I.V. —
Legal Forms of Funding Maintenance of Private Roads Designated for Public Use
// Legal Studies. – 2019. – ¹ 8.
– P. 25 - 36.
DOI: 10.25136/2409-7136.2019.8.29492
URL: https://en.e-notabene.ru/lr/article_29492.html
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Abstract: Within the framework of the article, the authors analyzes the main issues related to legal regulation of financing of costs for maintenance of private roads designated for public use that arise in the Russian Federation. The authors take into account the special status of these elements of public infrastructure as private property that can be used by an unlimited number of individuals. The authors try to analyze the sources of coverage of such costs such as funds collected when serviceability of roads is set; payments from a concession granter under public private partnership agreement; payments from public servitude authority when public servitude fee is set; and tax savings when associated rebates are set by the legislation. The authors have used general research methods (induction, deduction, analysis and synthesis) and special science methods (formal law analysis and logical approach). They have analyzed legislation, legal doctrine and judicial practice and approaches to finding the balance between public and private interests. As a result of their research, the authors conclude that current legislation obliges owners of car roads for public use to bear their maintenance costs on theirown. However, there is still an efficient mechanism of co-funding and coverage of owner's expenses. These are important issues for economic development, thus there is a need to improve relevant legislation.
Mukhin I.V., Malykh I.V. —
Right of a working woman to monthly childcare allowance for children under the age of 1.5: history and modernity
// Law and Politics. – 2019. – ¹ 3.
– P. 75 - 96.
DOI: 10.7256/2454-0706.2019.3.29167
URL: https://en.e-notabene.ru/lpmag/article_29167.html
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Abstract: The subject of this research is the right of a working woman to monthly childcare allowance for children under the age of 1.5 as a vital opportunity in labor sphere, due to unavoidable decrease in work capacity and income with simultaneous increase in household expenses immediately following birth of a child. These circumstances require a special legal protection. The authors examine the relevant issues of passing corresponding legislation, as well as legal doctrine and case law. An original periodization of the stages of legislative consolidation of this right is proposed. The article determines the issues in legal regulation, particularly the inadequate amount of allowance, considering the increase in additional household expenses and temporary inability to work due to maternity leave. The author review the approaches towards finding balance between the interests of employees-insurers, insured parties, insurer and the government. The need for introducing corresponding amendments into the legislation is substantiated.
Mukhin I.V., Malykh I.V. —
Right of a working woman to monthly childcare allowance for children under the age of 1.5: history and modernity
// Law and Politics. – 2019. – ¹ 3.
– P. 75 - 96.
DOI: 10.7256/2454-0706.2019.3.43222
URL: https://en.e-notabene.ru/lamag/article_43222.html
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Abstract: The subject of this research is the right of a working woman to monthly childcare allowance for children under the age of 1.5 as a vital opportunity in labor sphere, due to unavoidable decrease in work capacity and income with simultaneous increase in household expenses immediately following birth of a child. These circumstances require a special legal protection. The authors examine the relevant issues of passing corresponding legislation, as well as legal doctrine and case law. An original periodization of the stages of legislative consolidation of this right is proposed. The article determines the issues in legal regulation, particularly the inadequate amount of allowance, considering the increase in additional household expenses and temporary inability to work due to maternity leave. The author review the approaches towards finding balance between the interests of employees-insurers, insured parties, insurer and the government. The need for introducing corresponding amendments into the legislation is substantiated.
Mukhin I.V., Malykh I.V. —
Legal issues of sale of timber acquired in the process of subsoil use
// Law and Politics. – 2018. – ¹ 11.
– P. 73 - 79.
DOI: 10.7256/2454-0706.2018.11.28032
URL: https://en.e-notabene.ru/lpmag/article_28032.html
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Abstract: The subject of this research is the legal issues associated with utilization of timber acquired in terms of geological exploration of subsoil and mineral resource development. Length of the process of sale of timber, stipulated in the current legislation, leads to decline in its consumer qualities, violation of the sanitary and fire safety regulations in the forests, causing loss of profits for the state. Legal regulation of forestry affairs with regards to the aforementioned issues requires improvement. The authors analyze the current legislation, legal doctrine and case law on disputable questions, as well as the approaches towards finding balance between the public and private interests in regulating the procedure for sale of timber acquired during use of subsoil. The authors substantiate the need for introducing the corresponding changes in forestry legislation and propose excluding mandatory negotiations on utilization of timber. It is suggested to present priority right to the entity using the timber located on the land in correspondence to the Articles 43-36 of the Forestry Code of the Russian Federation of its contractor to sign sale agreements of the timber and forest vegetation without negotiations. The norms will be more flexible and consider the interest of both, state and forest users.
Mukhin I.V., Malykh I.V. —
Legal issues of sale of timber acquired in the process of subsoil use
// Law and Politics. – 2018. – ¹ 11.
– P. 73 - 79.
DOI: 10.7256/2454-0706.2018.11.43198
URL: https://en.e-notabene.ru/lamag/article_43198.html
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Abstract: The subject of this research is the legal issues associated with utilization of timber acquired in terms of geological exploration of subsoil and mineral resource development. Length of the process of sale of timber, stipulated in the current legislation, leads to decline in its consumer qualities, violation of the sanitary and fire safety regulations in the forests, causing loss of profits for the state. Legal regulation of forestry affairs with regards to the aforementioned issues requires improvement. The authors analyze the current legislation, legal doctrine and case law on disputable questions, as well as the approaches towards finding balance between the public and private interests in regulating the procedure for sale of timber acquired during use of subsoil. The authors substantiate the need for introducing the corresponding changes in forestry legislation and propose excluding mandatory negotiations on utilization of timber. It is suggested to present priority right to the entity using the timber located on the land in correspondence to the Articles 43-36 of the Forestry Code of the Russian Federation of its contractor to sign sale agreements of the timber and forest vegetation without negotiations. The norms will be more flexible and consider the interest of both, state and forest users.