Stabilization systems: fiscal control
Reference:
Litovko A.S.
The Legal Nature of Behavioral Supervision of the Central Bank of the Russian Federation.
// Law and Politics.
2023. ¹ 2.
P. 1-9.
DOI: 10.7256/2454-0706.2023.2.39772 EDN: HXIWLC URL: https://en.nbpublish.com/library_read_article.php?id=39772
Abstract:
The subject of this study is the norms of Russian financial legislation and scientific sources containing information that allows to determine the legal nature (legal essence) of the Bank of Russia's activities on supervision of the behavior of participants in the financial market of the Russian Federation. The object of the study is the social relations that arise during the implementation of banking supervision and behavioral supervision of the Central Bank of the Russian Federation. The author examines in detail the concept of the legal nature of behavioral supervision of the Central Bank of the Russian Federation, establishes an analogy with the legal nature of banking supervision, and also analyzes the control and supervisory state activities. Particular attention is paid to the concepts of the phenomenon under study that have developed in science during the period of supervision by the Central Bank of the Russian Federation. The main conclusions of the study are generalizations of the prevailing views on the legal nature of behavioral supervision of the Central Bank of the Russian Federation. The novelty of the research lies in the fact that the author is one of the few attempts to define the concept of behavioral supervision, its subject and object. Additionally, he draws attention to the fact that the current model of supervision over the behavior of financial market entities is not as formalized as the system of banking supervision, due to the objective impossibility of regulating dynamically developing relations. At the same time, it is determined that the characteristic features of behavioral supervision are the subject composition, which is characterized by the participation of the consumer of financial services, in this regard, it is concluded that behavioral supervision is the supervision of compliance with the rights of consumers of financial services, but at the same time attention is drawn to the fact that behavioral supervision can act as a continuation of banking supervision. The author notes that this classification directly depends on the purpose of supervisory measures, for example, checking a credit institution or considering a complaint from a consumer of financial services.
Keywords:
behavioral regulation, unfair practices, financial law, financial control, legal regulation, consumer of financial services, Bank of Russia, banking supervision, Behavioral supervision, financial supervision
State institutions and legal systems
Reference:
Kudryashov E.O.
Instead of the Electoral Code of the Russian Federation
// Law and Politics.
2023. ¹ 2.
P. 10-19.
DOI: 10.7256/2454-0706.2023.2.37207 EDN: CVZUPR URL: https://en.nbpublish.com/library_read_article.php?id=37207
Abstract:
The subject of the study is the legal norms regulating public relations regarding the functioning of institutions of direct democracy in the Russian Federation, as well as drafts of the electoral Code of the Russian Federation and the opinions of scientists on the need to develop and adopt a federal electoral code, as well as the definition of the codification of law as such. The author comes to the conclusion that the previously proposed draft codes are not inherently codification products, since they basically reproduce the norms of existing legislation instead of radically changing it. At the same time, similar problems exist not only with regard to the right to vote, but also in the legal regulation of other institutions of direct democracy.As a result of the conducted research, the author comes to the conclusion that in order to realize the democratic nature of the Russian state, increase the efficiency of the functioning of direct democracy institutions, reduce their dependence on the discretion of public authorities, increase the guarantees of citizens for access to them, it is possible and necessary to develop, widely discuss and adopt the Code of Democracy of the Russian Federation. In the work, the author sets out the original concept of the code, in particular, justifies its name, the form of the federal constitutional law, and also describes the proposed structure of the code, which should include general provisions, sections on subjects of direct democracy, on the functioning of individual democratic institutions, as well as a section on the infrastructure of democracy.
Keywords:
Electoral code, electoral law, electoral process, Democracy Code, democracy, public events, petitions, code, codification, referendum
Law and order
Reference:
Rudakova S.V.
Forms of Criminal Procedure Appeal
// Law and Politics.
2023. ¹ 2.
P. 20-31.
DOI: 10.7256/2454-0706.2023.2.39820 EDN: IGIOIO URL: https://en.nbpublish.com/library_read_article.php?id=39820
Abstract:
Criminal procedural appeal is a special way of protecting the rights and legitimate interests of citizens and participants in legal proceedings empowered. Each part of the judicial proceedings has its element. The effectiveness of the implementation of the appeal is due to the clarity of the structuring of the relevant legal participants and their adaptation to the specifics. The purpose of this work is to formulate and raise for a wide scientific discussion the problem associated with the allocation of forms of appeal in certain parts of the division of legal proceedings and the proposal of author's approaches to its resolution. The scientific novelty of the work is due to the fact that it is, in fact, one of the first works devoted to the analysis of the forms of criminal procedure appeal. Based on a combination of traditional scientific methods (dialectics, hypothetical, systemic, functional-structural, logical and other types of analysis, generalization, modeling, and others), a scientifically based vision of only two forms of appeal is formed: pre-trial and judicial, differing in objective and essential features. The author believes that these forms as a whole form a complex of criminal procedural appeals. The proposals contained in the study can be used in legislative activities to improve the criminal procedural norms devoted to the institution of appeal.
Keywords:
institution, criminal process, judicial, pre-trial, form, principle, appeal, criminal proceedings, process, legal proceedings
Theory
Reference:
Akhramkina K.A.
Implementation of the Principle of Dualism in Intellectual Property Law on the Example of the Copyright Contract
// Law and Politics.
2023. ¹ 2.
P. 32-48.
DOI: 10.7256/2454-0706.2023.2.39230 EDN: JGXFES URL: https://en.nbpublish.com/library_read_article.php?id=39230
Abstract:
The relevance of the conducted research is due to the presence of a number of factual contradictions between the position of the courts in considering the issues of exclusive rights to works created during the execution under the contract of copyright with the rules of law contained in the civil legislation of the Russian Federation. The proposed issues are examined from the point of view of copyright and civil law, legal acts of foreign countries, judicial practice of the Russian Federation and foreign courts. The analysis of examples from judicial practice is given as a substantiation of legislative consolidation of the principle. This article reveals the author's view of the principle of duality of intellectual property law as an independent principle of a sub-branch of civil law and its implementation in the contract of copyright. Principles of law are defined by the author as its guiding principles that define the rules of law in the system of legal regulation, its content and direction. The purpose of the study is determined by the title and content of the work: the essential characteristics of the principle of duality of intellectual property rights, including the implementation of contractual relations in the performance of the author's order are considered. The totality of general scientific, special legal methods of knowledge is used: thanks to the analysis and synthesis the approaches to the proposed topic are generalized and conclusions are made. The principle of duality of intellectual property is considered as a fundamental idea of law, neglecting the account of which entails a violation of rights and freedoms and has legal consequences. Recommendations on the legislative consolidation of the mandatory written form of the copyright contract and the contract of alienation of exclusive rights in its continuation are given.
Keywords:
copyright, non-property rights, property right, exclusive rights, service work, copyright contract, duality principle, principles of law,, intellectual property law, civil law
Theory
Reference:
Onosov Y.V.
On the Question of Legal Ways to Limit Law Enforcement Discretion
// Law and Politics.
2023. ¹ 2.
P. 49-59.
DOI: 10.7256/2454-0706.2023.2.39416 EDN: JHBXIY URL: https://en.nbpublish.com/library_read_article.php?id=39416
Abstract:
The article examines the issues of the theory of discretion in law enforcement practice, explores various points of view of scientists regarding the place and role of this legal phenomenon in legal regulation. Due to the lack of unity of opinions of legal scholars, various approaches are analyzed, attention is drawn to the theoretical and practical significance of the study of these issues. Attention is drawn to the importance of constructing a theoretical model of the limits of law enforcement discretion based on the concept, features and classification of limits. The author analyzes the legal limits of the law enforcement discretion contained in regulatory legal acts and evaluates the importance for the effectiveness of legal regulation in terms of the legal certainty of individual legal norms. The main conclusions of the author are that one of the important properties of law is the certainty of legal norms, the absence of such certainty leads to arbitrariness. In legal science, a significant number of approaches have been developed to understand the limits of law enforcement discretion, classifications of the limits of law enforcement discretion that have scientific and practical significance. The attention of scientists to this problem testifies to the complexity and inconsistency of these legal phenomena. There are no clear legal criteria for the principle of fairness, good faith, reasonableness, which allows the law enforcement officer to consider a legal case on the basis of individual ideas about justice or injustice, good faith or bad faith, reasonableness or unreasonableness, which in turn inevitably generates errors and negatively affects economic development.
Keywords:
application of law, problems of legal uncertainty, the act of applying the law, law, legal regulation, limits of enforcement discretion, legal practice, law enforcement practice, discretion in law, stages of the law enforcement process