The article provides a classification of bankruptcy fraud schemes and analyzes legal norms of administrative and criminal liabilities for bankruptcy fraud. The authors identify difficulties in prosecuting bankruptcy fraud. The article aims to carry out complex research on the specificity of administrative and legal regulations of bankruptcy fraud in the Russian Federation. There was analytical, system, comparative legal and technical legal method implemented. Results of the analysis of practice and scientific comment on legislative provisions in bankruptcy fraud revealed the lack of unified bankruptcy fraud classification and systematization of bankruptcy fraud schemes in the legal doctrine. There are no federal normative standards for the analysis of the debtor’s financial situation by the arbitration manager. The high latency level of bankruptcy crimes entails difficulties in their identification. Conclusions: the authors of the article provide their own typology of bankruptcy frauds. Bankruptcy fraud involves illegal and criminal bankruptcies, which include deliberate bankruptcy,fictitious bankruptcy and actual bankruptcy involving wrongdoing. Analysis and generalization of judicial practice allowed to make evaluations about the main methods of committing bankruptcy fraud. We generalized the practice of imposing criminal liability for bankruptcy fraud and identified the problems of legal regulation and application of norms.
The article provides a classification of bankruptcy fraud schemes and analyzes legal norms of administrative and criminal liabilities for bankruptcy fraud. The authors identify difficulties in prosecuting bankruptcy fraud. The article aims to carry out complex research on the specificity of administrative and legal regulations of bankruptcy fraud in the Russian Federation. There was analytical, system, comparative legal and technical legal method used. Results of the analysis of practice and scientific comment on legislative provisions in bankruptcy fraud revealed the lack of unified bankruptcy fraud classification and systematization of bankruptcy fraud schemes in the scientific doctrine. There are no federal normative standards for the analysis of the debtor’s financial situation by the arbitration manager. The high latency level of bankruptcy crimes entails difficulties in their identification. Conclusions: the authors of the article provide their own typology of bankruptcy frauds. Bankruptcy fraud involves illegal and criminal bankruptcies, which include deliberate bankruptcy, fictitious bankruptcy and actual bankruptcy involving wrongdoing. Analysis and generalization of judicial practice allowed to conclude about the main methods of committing bankruptcy fraud. We generalized the practice of imposing criminal liability for bankruptcy fraud and identified the problems of legal regulation and application of norms.
The paper is devoted to the process of inclusion of two Central-Asian protectorates of the Russian Empire into the Russian customs-line between 1894 and 1895. The causes of this decision emerged as early as at the beginning of the 19th c. The process of working on this project as well as discussions of different Russian ministries, central and regional (Turkestan) authorities, preliminary research and issuing special legal acts are analyzed. Special attention is paid to the procedure of conforming the decision with Emir of Bukhara and Khan of Khiva as they still remained de-jure independent rulers, and to issuing special own acts on including their states into the Russian customs system. The author examines the measures of the Russian authorities on the implementation of customs unification of the Russia, Bukhara and Khiva (including the creation of customs outposts, forming customs guards etc.) and the problems which took place — such as “internal customs-line” of Bukharans and Khivans, increase of contraband goods on the markets of Bukhara, Khiva and Russian Turkestan. Attempts to solve such problems were ineffective until the fall of the Russian Empire because of insufficient legal base on relations between the Russian Empire and its Central-Asian protectorates. Finally, the consequences of including Bukhara and Khiva into the imperial customs-line are evaluated — for Russia, Bukhara and Khiwa as well as for foreign countries (Afghanistan, Persia, British India etc.). Under the author’s opinion the integration of Bukhara and Khiva into customs space of the Russian Empire as an example of predisposition of Eurasian states, regions and peoples to the economic integration which became apparent in different epochs and in different forms. This integration could be considered to a certain extent as prototype of the Customs Union of today. Hence, studying historical experience of economic integration of Eurasia is topical and necessary.
The article is devoted to a research of the influence of the law of the European Union on national markets of pharmaceuticals of the state-members of the EU. The authors question themselves does the internal market of pharmaceuticals of the EU exist. In the article are represented the barriers for its creation and also tendencies of development of law regulation in that sector.
The article deals with the legal issues of classifying computer fraud. The author conludes that the area as a clear sign of cyber-jraud consists of the activity (physical and juridical acts) related to functioning electronic payment systems, e.g. distant financial operations involving bank cards, non-cash money etc. An offender may gain the illegal material profit (acquire illegal title to some property) in the form of bank money, book-entry securities, other property rights without going outside the bounds of the cyber-sphere. The author presents a great number of legal cases to support this thesis. At the same time, committing a theft of cash money or other material property usually requires to combining cyber-activity with some physical interactions. It may include preparation of fictitious warrants, taking out cash-money, etc. In the circumstances where the criminal liability depends on the form of illegal appropriation one can face a cjllision in legal treatment of criminal actions. The author draws the cjnclusion that there is a possibility to find out the solution to the problem. The new prohibitions of the Criminal Code should be included in the existing system of prescriptions. A theft should be treated as a theft even if it has been cjmmitted as defined in art. 159.6 of the Criminal Code. For example, if a theft scould be qualified actions of an offender who made some cyber-operations butdid not get the possibility to control assessments, the thief has to make other physical fctions to appropriate it. Consequently, Art. 159.6 of the Criminal Code cjvers only the actions in the cyberspace that are enough to acquire title to some property and do njt requare additional activity in order to appropriate (to hold back) these objects.
Temporary admittance is a common in international trade customs procedure. It is an integral part of modern trade fairs, international transport operations, international academic and cultural exchanges, international sports contracts and tourist exchanges. The paper features temporary export in customs law, differentiates between temporary export in customs law as a foreign trade operation involving various customs procedures: temporary admittance of a product, product processing on customs territory, storing products at the customs or vacant warehouse etc., and the specific customs procedure of temporary export (admission) under which temporary use is provided for a set period as to foreign goods at the customs territory of the customs union. The paper examines the system of legal regulation for the customs procedure of temporary admission represented by three levels: international law (Kyoto and Istanbul Conventions, Convention on ATA carnet), supranational (Decisions of the Eurasian Economic Commission) and national (customs legislation of the Russian Federation). The main conditions are specified for the products subject to the customs procedure, temporary admittance (identifying temporarily imported goods, absence of such products in the list of the goods forbidden the customs procedure of temporary admittance), limitations in the use and disposition of temporarily imported goods (operation to save goods, to maintain and other operations not violating the principle of immutability principle for goods; etc.). Some provisions of the customs legislation have been studied, in particular on the period of temporary admittance, possible termination of the customs procedure and its completing. The paper analyzes tax rules applied to temporarily exported goods, two tax models of temporary admittance (of complete and partial clearance), conditions of obtaining tax exemption, ways of non-recurring and periodical payment of tax duties and taxes, terms of customs payments, administrative and judicial practice on these issues; etc.
This article deals with the general characterization of the legal conception elaborated by the prominent jurist of the 20th century — Hans Kelsen (1881-1973). The author examines the basic biographic facts about intellectual formation of this Austrian legal thinker. The author particularly underlines the relationship between Kelsen’s ideas about law, and his practical activity as law professor, jurist, and judge. The special accent is made on the period before the Second World War. In author’s opinion, it is during this period that the philosophical and conceptual basis of the pure theory of law has been laid down.
The article attempts to design new approaches to the concept and legal nature of guarantees and compensations. The research based on the Russian Federation Labor Code norms and the labor law doctrine studies the concepts, definitions of the guarantees and compensations. Russian labor law theory has not developed the concept of guarantees and compensations, which obviously poses problems of applying respective norms of labor laws. This is especially evident in the case of mixing up the norms on guarantees and compensations with the norms of the concept of salary. Besides, guarantees and compensations have not been identified as part of the Russian labor law as a system. The paper proposes a system analysis of the problems of guarantees and compensations and the development of the conception guarantees and compensations in the Russian labor law. This aim to be achieved, the following tasks should be approached: to reveal the features of guarantees and compensations as a category of labor law; to define the concept of guarantees and compensations; to draw a demarcation line between guarantee payments and salary, as well as to differentiate various compensation payments as an element of the institution of salary and compensations. The object of the research is the relation as to providing guarantees and compensations to employees; the subject-matter are the norms of Russian labor law on guarantees and compensations, theoretical assumptions of the experts in labor law. The work is the first complex research of the fundamental concepts of labor law and the problems of guarantees and compensations in the modern environment. The presented theoretical assumptions contribute significantly to the conceptual model of regulating guarantees and compensations and serve as a basis for further relevant research of such complex legal concepts as guarantees and compensations and can promote to the development of the Russian Federation Labor Code and other normative legal acts containing the labor law norms.
In the present article are examined the basic facts about life of an outstanding Russian-French philosopher, lawyer and sociologist Georges Gurvitch, as well as the principal ideas of his scientific conception. The author focuses on the role Gurvitch played in elaboration of the methodology for socio-legal studies, and on the importance of this scientific project for contemporary sociological studies in law. The author demonstrates the connecting link between the philosophical ideas of Gurvitch about law with the key tenets of Russian philosophy; on this basis the author concludes in favor of actuality of these ideas from the standpoint of the continued integration of Russian theoretical jurisprudence into the worldwide legal science. The main concepts and schemes of the sociology of law by Gurvitch are examined by the author, including the concepts of sociability and of social law. These concepts are central to the legal conception of Gurvitch which sets out to overcome the shortages of the methodological individualism inherent to the classical Western legal philosophy of Modernity and at the same time to avoid the extremities of communitarism which are typical for the legal philosophy of Antiquity and of the Oriental world-outlook. Another direction of synthesis for Gurvitch was to reconcile the methodological principles of positivism and of metaphysics, which in the field of sociology are confronted as the positivistic methods of quantitative sociology and the abstract methods of social philosophy. Gurvitch sought to triumph over this conflict through postulating an ideal-realist method which allowed justification of integrative approach to law. Each legal order is created by the society through implementation of certain values, so that law is an attempt to carry out collective values, and first of all the value of justice, in a given social order. Validity of this order is guaranteed by the normative facts which also underpin efficiency of this order. In this way the social order acquires legitimacy and its basic values are accepted on the level of individual consciousness. It is the normative facts which unite two dimensions of law: the facticity (emotions, relations, actions) and the normativity (obligation, imperativity). The author stresses that the sociolegal conception of Gurvitch is based on the tradition of Russian legal philosophy. Here lies one of the major scientific merits of this thinker who introduced Russian philosophical debates into Western social-philosophical discourse and who thereby created methodological foundations for further elaboration of connecting links between these two discourses.
The concept of a criminal offense according to experts has been known to the national legislator and law enforcement for about three centuries. In the prerevolutionary period, the notion of misdemeanor along with the concept of crime was enshrined in the Code of Criminal Laws of 1832, in all editions of the Code of Criminal and Correctional Penalties of 1845, in the Criminal Code of 1903. In these legal acts, offense, like crimes, were considered as a variety of criminal illegal acts. In the Сriminal Сodes of the RSFSR in 1922, 1926, 1960, the concept of a criminal offense was not fixed. In the draft Code of Criminal Offenses (1973), which was not adopted, the criminal offense was proposed to be considered as а non-criminal offence. In 1977, the Fundamentals of Criminal Legislation of the USSR and the Union Republics of 1958 and the Criminal Code of the RSFSR in 1960 introduced provisions on crimes that do not pose a great public danger. In the early 1990s, the introduction of criminal offenses as an independent group of criminal acts was proposed in some projects of the Criminal Code. The problem of a criminal offense is not new for the domestic science of criminal law. In the criminal legal doctrine of the pre-revolutionary period, the allocation of criminal offenses was justified by dividing “according to the kind of iniquity”. In the Soviet period, the problem of a criminal offense began to be actively discussed from the 1960s. Most of academics considered the criminal offense as a kind of crime, which has a certain degree of public danger. It was quite popular that the criminal offense was viewed as a kind of socially dangerous act prohibited by Criminal Code along with a crime. Some researchers considered it as an act that was not at criminal-illegal and criminally punishable. In the modern Russian doctrine of criminal law, essentially the same three basic positions have been preserved in the matter of determining the nature of a criminal offense.In the case of implementing the legislative initiative, issued in the form of Resolution of the Plenum of the Supreme Court of the Russian Federation of October 31, 2017 No. 42, the Criminal Code of the Russian Federation will introduce the concept of a criminal offense, which will be understood only as a sub-category of crimes of small gravity.
The article contains an analysis of the Directive of the European Parliament and of the Council on services in the internal market. The study discusses the main amendments to the original Directive proposal; defines the content of the country of origin principle; determines the scope of the Directive and of the freedom to provide services. A particular attention is paid to the article 16 of the Directive. The author examines the principles, that Member States have to respect in order to impose requirements with regard to the provision of a service activity by providers, established within the territory of another Member State. Based on this research, the author makes an attempt to appraise the importance of this Directive for the liberalization process of trade in services sector.