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DOI: 10.7256/2454-0595.2013.4.7698

Abstract:

DOI: 10.7256/2454-0595.2022.1.36646

Abstract: Starting from January 1, 2017, the functions for the direct implementation of the state cadastral valuation of real estate objects were transferred to specialized organizations of the subjects of the Russian Federation created in the form of state budgetary institutions.On the one hand, the actual work on the valuation of real estate is being withdrawn from the sphere of public procurement, which implies the refusal to involve professional appraisers in determining the value of real estate objects, that is, persons whose main purpose is to make a profit. On the other hand, the functions and powers of the authorities in the field under study are delegated to specialized organizations that do not have the status of a public authority.    The article proves that the legal status of such institutions should be defined as a "legal entity of public law". At the same time, their activities are based on the concept of delegating state powers to private individuals. At the moment, there are contradictions between approaches grounded in legal science to the status of legal entities of public law, as well as to the procedure for delegating (outsourcing) certain power functions, on the one hand, and the legislative consolidation of the legal status of budgetary institutions performing functions in the field of state cadastral valuation, on the other.In addition, the concept of legal entities of public law is relatively new for domestic legislation and legal science.

Keywords: cadastral value, legal status, administrative responsibility, budget institution, market value, subjects of private law, delegation of public authority, legal entity, state cadastral valuation, public law

DOI: 10.7256/2454-0595.2017.11.24646

Abstract: The research object is the set of legal relations occurring in the process of using and functioning of new legal instruments of regulation of economic relations via a special administrative and legal regime on the territory of the Republic of Crimea and the federal city of Sevastopol. The research subject is the system of statutory instruments regulating the mechanism if introduction and using of a special administrative and legal regime of a free economic zone on the territory of the Republic of Crimea and the federal city of Sevastopol, and regulating the state control over its implementation. The author uses comparative-legal analysis to estimate different legislative provisions and scientific and methodological aids in the process of studying the specificity of special administrative and legal regimes of economic activity. Based on the assumption that the legislation, regulating economic relations, should promote economic growth and structural transformation of the Russian economy, the author analyzes and systematizes the new legal instruments guaranteeing effective realization of regional and national policy in the business sphere in the regions of their using. The author demonstrates that the measures of regulation of a special legal regime in the Republic of Crimea and the federal city of Sevastopol serve as the key auxiliary instrument necessary for the formation of the economic space of the created free economic zone and oriented to the attraction of foreign investments. 

Keywords: sea port, resident, foreign citizens, customs control, tax control, privileges and preferences, investment policy statement, participant of a free economic zone, special legal regime, free economic zone

Abstract: The article describes the legal essence of sanctions and restrictions in the action system of special administrative law management in certain territories of the Russian Federation. The author pays considerable attention at the legal basis regulating a special order and ways of their implementation.

Keywords: legal regime, imperative method of legal influence, special administrative management, security arrangement of the National Frontier, management of closed administrative territories, administrative law defense of citizens and legal entities.

Abstract: The article is devoted to the problems of administrative legal regulation of special regimes of foreign trade activity. Based on the analysis of the negative experience of implementation of the regime of free economic zones in Russia the author of the article suggests the main ways to improve administrative and legal regulation of the regimes of special zones. It is well shown in the article that successful development of special administrative legal regulation of the special zone regime will sustain social and economic development in general.

Keywords: zone, regime, economy, territory, foreign economic activity, customs affairs, customs territory, economic affairs, free economic zone, mechanism of legal regulation

DOI: 10.7256/2454-0595.2014.3.10938

Abstract:

DOI: 10.7256/2454-0595.2016.4.16931

Abstract: The research object of the set of relations connected with the development of investment activities in the Republic of Crimea. The research subject is the system of statutory instruments regulating the mechanism of establishment and application of investment activities development instruments provided by the restored free economic zone institution. The result of the study is the conceptual model of investment activities development in the Republic of Crimea with the help of the free economic zone. The model is a system description of an imitation form of public administration in the sphere of the free economic zone development on the territory of the Republic of Crimea. The main purpose of the Model establishment is the provision of a comprehensive integration of the region in the system of a single legal platform for a complex functioning of the free economic zone on its territory. The research methodology comprises the dialectical method and the related general and specific methods (the system and evolutional approaches, comparative-legal analysis, the method of modeling structural-logical and functional algorithms). The authors analyze the institutions of a special economic zone and a free economic zone, and propose the conceptual model of investment activities development in the Republic of Crimea. The proposed mechanisms of investment activities intensification can be used by the companies for output product increase, improvement of logistic sphere, and optimization of tax and customs payment flows. The implementation of the authors’ proposals about amending the statutory instruments of the Russian Federation will give the opportunity to use them in the work of the supervisory bodies thus simplifying the work of enterprises and making it more transparent, increasing the investors’ interest in their presence on the territory of the Republic of Crimea. 

Keywords: development of legislation, entrepreneurial regime , investment attractiveness, special economic zone, free economic zone, economic growth, preferential conditions, customs privilege, infrastructure, public administration

DOI: 10.7256/2454-0595.2016.4.67634

Abstract: The research object of the set of relations connected with the development of investment activities in the Republic of Crimea. The research subject is the system of statutory instruments regulating the mechanism of establishment and application of investment activities development instruments provided by the restored free economic zone institution. The result of the study is the conceptual model of investment activities development in the Republic of Crimea with the help of the free economic zone. The model is a system description of an imitation form of public administration in the sphere of the free economic zone development on the territory of the Republic of Crimea. The main purpose of the Model establishment is the provision of a comprehensive integration of the region in the system of a single legal platform for a complex functioning of the free economic zone on its territory. The research methodology comprises the dialectical method and the related general and specific methods (the system and evolutional approaches, comparative-legal analysis, the method of modeling structural-logical and functional algorithms). The authors analyze the institutions of a special economic zone and a free economic zone, and propose the conceptual model of investment activities development in the Republic of Crimea. The proposed mechanisms of investment activities intensification can be used by the companies for output product increase, improvement of logistic sphere, and optimization of tax and customs payment flows. The implementation of the authors’ proposals about amending the statutory instruments of the Russian Federation will give the opportunity to use them in the work of the supervisory bodies thus simplifying the work of enterprises and making it more transparent, increasing the investors’ interest in their presence on the territory of the Republic of Crimea. 

Keywords: development of legislation, entrepreneurial regime, investment attractiveness, special economic zone, free economic zone, economic growth, preferential conditions, customs privilege, infrastructure, public administration

DOI: 10.7256/2454-0595.2015.4.13176

Abstract: The author analyzes the correlation between the notions "regime" and "legal regime", formulates his own attitude towards the methods of study of this legal category, analyzes the existing scientific opinions about the notion and the essence of legal regime. The author uses his own system of stydy of the notion and the features of legal regimes - from the definition of "legal regime" and "administrative-legal regime", which would include the descriptive-substantive characteristic of this legal phenomenon, the revelation and research of the features of this category demonstrating all the sides of "legal regime" and "administrative-legal regime" to the study of the essence and the features of the notions "legal regime" and "administrative-legal regime" by means of their comparison and comparative analysis with other legal categories. The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical), and the methods used in specific sociological research (the statistic method, expert assessments, etc.). The article describes the existing in legislation and in scientific works variants of use of legal regime definitions. The author notes that the notion "legal regime" is one of fundamental notions of legal science. It attracts the attention of scientists dealing with general legal categories of jurisprudence and administrative law. In the conclusion the author offers six typical approaches to the definition of the notion "legal regime". 

Keywords: regime, regime, law, regulation, impact, police, correlation, emergency, state, provision

DOI: 10.7256/2454-0595.2015.4.66318

Abstract: The author analyzes the correlation between the notions "regime" and "legal regime", formulates his own attitude towards the methods of study of this legal category, analyzes the existing scientific opinions about the notion and the essence of legal regime. The author uses his own system of stydy of the notion and the features of legal regimes - from the definition of "legal regime" and "administrative-legal regime", which would include the descriptive-substantive characteristic of this legal phenomenon, the revelation and research of the features of this category demonstrating all the sides of "legal regime" and "administrative-legal regime" to the study of the essence and the features of the notions "legal regime" and "administrative-legal regime" by means of their comparison and comparative analysis with other legal categories. The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical), and the methods used in specific sociological research (the statistic method, expert assessments, etc.). The article describes the existing in legislation and in scientific works variants of use of legal regime definitions. The author notes that the notion "legal regime" is one of fundamental notions of legal science. It attracts the attention of scientists dealing with general legal categories of jurisprudence and administrative law. In the conclusion the author offers six typical approaches to the definition of the notion "legal regime". 

Keywords: regime, regime, law, regulation, impact, police, correlation, emergency, state, provision

DOI: 10.7256/2454-0595.2015.8.14697

Abstract: The subject of the article is a historical and legal analysis of the "emergency law". The author analyzes the so-called "normal police powers" outlined by Professor V. M. Hessen in the monograph "Exceptional situation". The object of the article is a comparative legal analysis of the emergency legislation of the early 20th century and contemporary Russian legislation.The article provides the historical background of V.M. Hessen's study of emergency legislation, and explains such a negative attitude of the author to this problem. The author uses his method of study of administrative coercive measures used by the police, both in everyday conditions and in conditions of martial law.The methodology of the research contains the recent achievements of epistemology. The author uses general philosophical, theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation), traditional legal methods and the methods used in the concrete sociological research.On the base of the research the author compares the regimes of "enhanced protection" and "emergency protection" provided by the Regulations of 1881. The author analyzes the police administrative coercive measures which in the conditions of martial law can be significantly expanded: police supervision, administrative detention, administrative expulsion and exile, the use of firearms. The novelty of the article is determined by those proposals that are developed in the course of the study. In particular, the author makes a conclusion about the inadmissibility of the transfer of powers of state authorities from the category of emergency powers to the category of normal and everyday. 

Keywords: management, prohibition, limitation, state, provision, exclusive, law, regime, emergency, situation

DOI: 10.7256/2454-0595.2015.8.66802

Abstract: The subject of the article is a historical and legal analysis of the "emergency law". The author analyzes the so-called "normal police powers" outlined by Professor V. M. Hessen in the monograph "Exceptional situation". The object of the article is a comparative legal analysis of the emergency legislation of the early 20th century and contemporary Russian legislation.The article provides the historical background of V.M. Hessen's study of emergency legislation, and explains such a negative attitude of the author to this problem. The author uses his method of study of administrative coercive measures used by the police, both in everyday conditions and in conditions of martial law.The methodology of the research contains the recent achievements of epistemology. The author uses general philosophical, theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation), traditional legal methods and the methods used in the concrete sociological research.On the base of the research the author compares the regimes of "enhanced protection" and "emergency protection" provided by the Regulations of 1881. The author analyzes the police administrative coercive measures which in the conditions of martial law can be significantly expanded: police supervision, administrative detention, administrative expulsion and exile, the use of firearms. The novelty of the article is determined by those proposals that are developed in the course of the study. In particular, the author makes a conclusion about the inadmissibility of the transfer of powers of state authorities from the category of emergency powers to the category of normal and everyday. 

Keywords: management, prohibition, limitation, state, provision, exclusive, law, regime, emergency, situation

DOI: 10.7256/2454-0595.2014.10.12288

Abstract:

DOI: 10.7256/2454-0595.2014.10.65562

Abstract: The article for the first time in the legal literature provides an attempt of the general theoretical analysis of the contents and elements of legal regime based upon advantages. The author analyzes views in legal literature on nature and contents of legal regimes, establishing special advantages for certain subjects (privileges, benefits), characterizing its elements. The author also studies goals, specific features of legal provisions, principles, guarantees of these legal regimes. Attention is paid to the problem of lawfulness of legal regimes, which are based upon the advantages for certain categories of legal subjects and possible departures from the principle of general equality of persons in court and under the law. The article involves various general scientific techniques and methods of logical cognition: analysis, synthesis, abstraction, modeling, systemic structural, functional, formal logical approaches. The special methods involve specific sociological and statistical methods, and specific scientific methods include formal legal method, comparative legal method and method of interpretation of legal norms. As a result of the studies the author offers her own definition of a legal regime based upon the privileges. It is defined as a special order or legal regulation of the social relations, which is expressed by a certain combination of legal means – permissions (subjective rights, lawful interests, advantages, privileges, immunities, benefits, etc.), guarantees and principles, which are aimed at the formation of the beneficial conditions for the satisfaction of the interests of legal subjects and achievement of the optimum social situation.

Keywords: legal regime, legal advantages, permissions, advantages, immunities, guarantees, regulation procedure, social situation, legal means, principles