The article deals with specifics of principles of the budget system of the Russian Federation with regard to various types of mandatory fiscal payments. The author defines the scope of these principles in respect of monetary funds generated by means of collecting payments in question. The author classifies mandatory fiscal payments in accordance with a diminishing role of legislative acts they play in determining the elements of their structures. The author highlights and justifies the main attribute applied to identify a mandatory payment as parafiscal. It is noted that the business community is interested in improving the system of non-tax payments. The author concludes that the existence of parafiscalities in the legal system of the Russian Federation causes a number of legal problems, and that evaluation of prospects for reforming the system of non-tax payments should be preceded by clarification of the legal nature of its elements.
The article considers problem questions of protection from discrimination at work from the perspective of the compliance of Russian legislation and judicial practice with international employment standards. The authors conclude that it is necessary to mitigate the burden of proof, to tighten liability for discrimination and to enact norms providing for the employers’ liability for persecuting employees bringing complaints against employers.
Due to the intensification of public interest to legislative initiatives pending decisions of members of the 6th Convocation of the State Duma some aspects of passage of a bill through parliament including process of preparation of documents within legislative package become rather interesting either for professional jurists or usual citizens. Currently Russian law-making is regulated by the provisions of the statutory and subordinate legislation and frequently becomes subject to scientific research. At the same time its execution and documentary support are the results of the gradual evolution of the administrative relations within the supreme government bodies in the Russian Empire of the nineteenth century. A detailed analysis of the practice of legal implementation of legislative and administrative initiatives in the supreme authorities’ collective bodies of the Russian Empire is represented. Administration acts used for fixing primary proposals on improvement of legislation and specific administrative tasks, as well as documents containing decisions taken by a public authority and warranting the regulation formation are taken into consideration. The author defines the position of the administration act in the legal practice of the absolute monarchy.
In this article was describe and summarize the most popular representations in scientific literature that is «energy security», what its position in Russian national security system are described and generalized, author's definition is given. The author of work investigates history of term occurrence, a correlation with «energy dependence» and communication of power security with other kinds of security.
The article provides system analysis of the modern Mexico's views on the most difficult and controversial reform of the UN Security Council, which was formed during several prior administrations. These views have been preserved under the current President Enrique Peña Nieto. The author considers historical aspect of Mexico's membership in the UN that takes the second place in Latin America for the economic development (with Brazil taking the lead) and is a founding member of this organization, and a higher speaker for contemporary international law. The author names a number of international legal instruments initiated and signed with the active participation of the Latin American countries on such issues as disarmament and denuclearization, the ban on the use of force and weapons in space activities, moratorium on the nuclear tests, arms trafficking, upholding human rights and freedoms. The article discusses particular views of Mexico on observance of the principle of non-interference in the internal affairs of States and enhancement of the transparency of the activities of the Security Council. A number of cases supports this principled position: the Kosovo crisis, the adoption of the American version of the UN Security Council resolution on Iraq, search for a solution to the conflict in Syria.
At the present time global reappraisal of the fundamental categories and theories is existing in theory and practice of the Financial law. Apart from other forms, it is becoming apparent through the refusal of global transferring into state all occurrences and procedures at the financial area. Relieving the term state appears the term public, that is more substantial and capacious. In the present article the notion of public finances is regarded as an attribute of public economical activity, the structure of public finances as a complex category is analyzed, that, by-turn, enables to emphasize the significance of local finances (finances of municipal districts) in modern Russia. Local finances are viewed as a historical category, as a complex economic and legal phenomenon, as a part of public finances. At the same time the conclusion is made that the examination of local finances beyond the system of public finances is both inadmissible and impossible, as far as impossible to cover the requirements of local authorities in financial recourses beyond a special group of social relations - beyond public finances
The article is dedicated to research fraud on securities market committed in the time of its circulation. As rule, acts of guilty are qualified by article 159 of the Criminal Code of Russian Federation. It is permitted by Resolution of the Plenum of the Supreme Court of Russian Federation. But it’s right not always whereby there isn’t consensus in the science of criminal law on the matter. So the article includes jurisprudence fraud against property and fraud on securities market. Thanks for it distinction between such field are clear. The author conclusions that to incriminate acts of person under article 159 of the Criminal Code of Russian Federation is unlawfully in some cases. It points to need of establishing article in Chapter 22 of the Criminal Code of Russian Federation which has the purpose to protect the economic activity from fraud in this field. For it the work presents defense of elements of fraud against property and fraud committed on economics and securities market as its part.
The article is dedicated to one of the most serious questions of the general part of criminal law, to understanding and valuating the material element of crime -social danger. The category of social danger refers to the poor developed categories of criminal law. The lawmaker does not establish criteria of determining if there is any social danger in a committed act. In judicial literature the approach of determining character, degree, concept and content of social danger is ambiguous. The author comes to a conclusion that social danger should be considered as normative and evaluative material element of a crime that has its own structure - the structure of social danger. That should be done in order to understand more thoroughly the concept and essential characteristic of social danger. All the elements of social danger structure must reflect the facts of social reality. Moreover in every particular case elements of social danger structure should be estimated as a particular system. In the author's opinion, the lack of necessary sings of social danger, as in case of law-making or guilt absence, leads to inability to acknowledge that act as a crime. In order to avoid penal mistakes it is necessary to consider the sign of social danger more pragmatic, paying it more attention in law-making along with penal evaluation act.