Panfilov G. —
Mechanisms of property compensation to victims of crimes: experience of foreign countries
// Law and Politics. – 2020. – ¹ 6.
– P. 1 - 14.
DOI: 10.7256/2454-0706.2020.6.43340
URL: https://en.e-notabene.ru/lamag/article_43340.html
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Abstract: The subject of this research is the analysis of mechanisms of compensation for property damages causes by commission of a crime that are implemented in foreign legal systems. The object of this research is the texts of normative legal acts, case law materials from a number of European and Asian countries, as well as legal research on the topic. Familiarization with foreign experience of compensation for crime damages can present interest for Russian researchers, and serve as the basis for developing substantiated empirical recommendations on improvements to the system of current Russian legislation. The author determined a number of common development trends of the mechanisms of compensation of damages to the victims of crimes in foreign law. Among these trends are the recognition of the need to strengthen protection of the rights of victims; creation of several alternative mechanisms of compensation for criminal damages, with the choice left to the actual victim; creation of public compensation funds, intended to ensure reparation of the violated rights of citizens in cases where crime was unsolved or property of the criminal was insufficient to fully compensate damages incurred by the victim.
Panfilov G., Gao Y. —
Reform of the system of oil and gas natural resource payments for the purposed of attracting investments: the experience of the People’s Republic of China
// Law and Politics. – 2020. – ¹ 3.
– P. 8 - 18.
DOI: 10.7256/2454-0706.2020.3.32351
URL: https://en.e-notabene.ru/lpmag/article_32351.html
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Abstract: The subject of this research consists in the analysis of the experience of the People’s Republic of China (PRC) on reform of the system of taxation of oil and natural gas extraction, which can present significant interest for Russian executive branch and researchers in the conditions of reform of Russian natural resource legislation, as well as introduction of the excess profit tax (Article 25.4 of the Taxation Code of the Russian Federation). Moreover, this is the first Russian-language writer article on exploring the content of the new PRC law “On Resource Tax”, which will be enacted from September 1, 2020. Based on the works of Russian, American, and Chinese scholars alongside Russia’s and China’s legislations, the article employs the method of synchronized and diachronic (historical) comparison and general scientific methods (formal-logical, analysis, synthesis) for determining peculiarities of China’s approach towards execution of legal reforms. The following specificities of China’s legal reforms were determined: preliminary formulation of goals of the legislative changes at the highest levels of state government, testing of the legislative changes in the territories of separate provinces, priority of goals of national development over budget revenue, adaptation of traditions of China’s legal technique to the requirements of foreign investors. The conclusions made in this research can be of interest for lawmakers, as well as all parties interested in comparative legal studies.
Panfilov G., Gao Y. —
Reform of the system of oil and gas natural resource payments for the purposed of attracting investments: the experience of the People’s Republic of China
// Law and Politics. – 2020. – ¹ 3.
– P. 8 - 18.
DOI: 10.7256/2454-0706.2020.3.43315
URL: https://en.e-notabene.ru/lamag/article_43315.html
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Abstract: The subject of this research consists in the analysis of the experience of the People’s Republic of China (PRC) on reform of the system of taxation of oil and natural gas extraction, which can present significant interest for Russian executive branch and researchers in the conditions of reform of Russian natural resource legislation, as well as introduction of the excess profit tax (Article 25.4 of the Taxation Code of the Russian Federation). Moreover, this is the first Russian-language writer article on exploring the content of the new PRC law “On Resource Tax”, which will be enacted from September 1, 2020. Based on the works of Russian, American, and Chinese scholars alongside Russia’s and China’s legislations, the article employs the method of synchronized and diachronic (historical) comparison and general scientific methods (formal-logical, analysis, synthesis) for determining peculiarities of China’s approach towards execution of legal reforms. The following specificities of China’s legal reforms were determined: preliminary formulation of goals of the legislative changes at the highest levels of state government, testing of the legislative changes in the territories of separate provinces, priority of goals of national development over budget revenue, adaptation of traditions of China’s legal technique to the requirements of foreign investors. The conclusions made in this research can be of interest for lawmakers, as well as all parties interested in comparative legal studies.