DOI: 10.7256/2453-8809.2022.4.39501

Abstract: Using the comparative legal method, the article analyzes the provisions of recently adopted Federal laws regulating, respectively, the production of organic agricultural products and products with improved characteristics (hereinafter referred to as improved products), which are important vectors for the development of a "green" economy in Russia. The purpose of the study is to identify the similarity of these two laws and the main differences between them and to determine the feasibility of the existence of two laws regulating largely identical relations. When writing the article, along with the mentioned comparative legal method, general scientific and special legal methods (analysis, generalization, formal legal, etc.) were used. This made it possible to establish the advantages and legal and technical, as well as substantive shortcomings of the normative legal acts under consideration and to come to conclusions with a certain degree of scientific novelty. In particular, the study showed that both the developers of the Law on Improved Products and many scientists consider improved products as "green", environmentally friendly, i.e. as a kind of organic products, and if this is so, then, in the opinion of the author, there was no need to adopt a Law on improved products. If some relations were still insufficiently clearly regulated, it would be possible to make appropriate changes to the Law on Organic Products (for example, to introduce different types (categories) of such products "according to the degree of their organicity"), rather than adopt a duplicate law. But, assuming that the Law on Improved Products is unlikely to be repealed, the article proposes to more clearly define the range of relations regulated by each of the Laws under consideration, make the concept of improved products more informative, clarify that relations for the production of improved products are regulated not only at the federal level and solve a number of other issues.

DOI: 10.7256/2453-8809.2020.4.35337

Abstract: The subject of research in this article is social relations in the field of ensuring biological safety by means of administrative actions for the violations of legislation in the field of handling and disposing of animal and biological waste.  The purposes of the research are: analysis of doctrinal approaches to defining the terms “animal waste” and “biological waste”; legal assessment of using the provisions of the Administrative Offences Code of Russia establishing responsibility for the violation of rules of handling and disposing of the above mentioned types of waste; formulation of proposals aimed at the clarification of particular provisions of veterinary rules.  The research is based on general scientific and specific research methods (analysis, generalization, the formal-legal, comparative-legal and historical methods). They help the author to consider the evolution of the term “biological waste”, and to define its merits and flaws during the operation of the 1995 Veterinary rules for the collection and utilization of biological waste as compared with the current rules of 2020. The author analyzes disputable issues appearing in judicial practice when considering cases of the violation of veterinary and sanitary rules of biological waste disposal, and describes her own opinion which is not always in line with the position of commercial and regular courts. The scientific novelty of the research consists in the conclusion about the common goals of legal regulation of responsibility in the field of handling and disposing of animal and biological waste and the necessity to regulate them in one chapter of the Administrative Offences Code, rather than in different chapters as they are regulated now. The author states the necessity to clarify the terms “biological waste” and “animal waste” and to consider some of it as recyclable materials. The author attempts to differentiate between the types of waste under study and other types of waste (including food waste of animal origin).   

DOI: 10.7256/2453-8809.2020.2.33840

Abstract: The research subject is social relations in the field of establishing and applying the subsidiary responsibility measures in agricultural cooperative societies. The purposes of the research are: legal assessment of the provisions of the Federal law “ On agricultural cooperation” about subsidiary responsibility of members of cooperative societies and their application by courts; analysis of doctrinal views of lawyers and economists on the problems of subsidiary responsibility in general and such responsibility in agricultural cooperative societies in particular; development of scientifically grounded suggestions on the improvement of legislation in this sphere which will allow correcting law-enforcement practice. Using general and specific legal methods of research, the author arrives at the conclusion that the proposals about the cancellation of subsidiary responsibility in agricultural cooperative societies can hardly be implemented in the current conditions. In this situation it seems more reasonable to correct the provisions of the current legislation in the following directions: equal responsibility of all members of a cooperative society should be established in the Law rather than that depending on their share; it should be clearly stated that subsidiary responsibility of the members of the cooperative society is not solidary; the order of making additional contributions for covering losses should be regulated in detail; subsidiary responsibility for the cooperative society’s debts should be imposed not only the newly adopted members, but also on the leaving ones (for losses formed during their membership) during five years upon their withdrawal. The authors substantiate constructive ideas proposed earlier in specific literature, and formulate new suggestions which can make agricultural and consumer cooperative societies more attractive for agricultural workers.