Law and order
Reference:
Ustyukova V.V. —
Transfer of agricultural lands to lands of other categories: some issues of theory and practice of law enforcement
// Law and Politics.
– 2023. – № 8.
– P. 1 - 12.
DOI: 10.7256/2454-0706.2023.8.43928 EDN: WLYTPC URL: https://en.nbpublish.com/library_read_article.php?id=43928
Abstract:
The Federal Law "On the Transfer of Lands or Land Plots from One Category to Another" (hereinafter referred to as Law No. 172-FZ) was adopted in December 2004. Since then, the socio-economic situation in the country and the legislation have changed significantly. However, they were not actually reflected in the Law, since only minor changes were made to it during almost 19 years of operation of the law. Over the past time, a lot of experience has been accumulated in theoretical understanding and practical application of this law, which is discussed in this article. The author does not pretend to be a comprehensive disclosure of the topic, since it is impossible to do this in one article. Nevertheless, the article reflects the author's position on a number of controversial issues of the theory and practice of legal regulation of the relations under consideration.The scientific novelty of the work consists in the study on the basis of formal legal and comparative legal methods of the latest judicial practice, the formulation of proposals to eliminate the legal uncertainty identified in the course of the work of some concepts used in the Law and other proposals to improve legislation in the field under consideration. In the light of solving the problem of rational use of agricultural land and preventing the unjustified disposal of agricultural land from use in the agricultural sector, the scientific understanding of controversial theoretical and practical issues of the transfer of these lands to lands of other categories is of particular relevance.
Keywords:
exceptional cases of transfer, land transfer, especially valuable agricultural lands, agricultural land plots, mining, agricultural lands, land disposal, sustainable development, economic turnover, agriculture
Human and environment
Reference:
Ignat'eva I.A. —
Problems of attribution of information in the field of agriculture to environmental information
// Law and Politics.
– 2023. – № 8.
– P. 13 - 21.
DOI: 10.7256/2454-0706.2023.8.43926 EDN: WMBZCJ URL: https://en.nbpublish.com/library_read_article.php?id=43926
Abstract:
Environmental protection and agriculture are related areas of legal regulation, closely interrelated and mutually dependent. The systems of information in the field of agriculture and information on environmental protection overlap in terms of assessing the condition of land and other natural resources used for agricultural activities, and in terms of assessing the negative impact of such activities on the environment. The purpose of the study is to determine the content and significance of environmental information as part of the information that is indicated in the acts of agrarian legislation. In the work, the author applied methods of comparison, analysis, synthesis of information. It is established that in the legislative acts regulating relations in the field of agriculture, information and information support, as a rule, are allocated structurally, terminologically, meaningfully. It is concluded that giving specialized information in the field of agriculture the status of environmental information increases the level of accessibility of information. At the same time, the legislation on environmental protection implements the concept of specifying environmental information in the list approved by the Government of the Russian Federation. This approach is associated with the problems of attributing certain information concerning the state of the environment specified in agricultural legislation to environmental information, despite their ecological content.
Keywords:
state agrarian policy, agriculture, state of the environment, environmental information, agricultural land, information, soils, law, environmental protection, environment
Law and order
Reference:
Pastushenko A.A. —
The subject of inappropriate spending of budget funds: some problematic aspects
// Law and Politics.
– 2023. – № 8.
– P. 22 - 37.
DOI: 10.7256/2454-0706.2023.8.43884 EDN: WAWPGP URL: https://en.nbpublish.com/library_read_article.php?id=43884
Abstract:
The subject of this study is some issues related to the subject of inappropriate spending of budgetary funds. The regulatory and law enforcement framework, which discloses the content of the official of the recipient of budget funds as a subject of inappropriate spending of budget funds, is systematically evaluated. There are different views of executive authorities and judicial bodies regarding the inclusion of persons with the status of an official, but carrying out activities in organizations that are not participants in the budget process in the form of recipients of budget funds, among the subjects of inappropriate spending of budget funds. The analysis of the inverse correlation of the categories "official of the recipient of budgetary funds" and "official" is carried out on the example of the All-Russian public-state movement of children and youth. When writing the article, the following methods were used: dialectics, formal logic, system analysis, statistical, lexical, modeling, formal-legal, comparative-legal. According to the results of the conducted research, it is established that it is impossible to bring to criminal responsibility for the misuse of budgetary funds officials of individual organizations involved in the expenditure of budgetary funds, but not included in the budget legislation of the Russian Federation among the recipients of budgetary funds. For the first time, the possibility of bringing to criminal responsibility for the misuse of budgetary funds of persons engaged in activities in the All-Russian socio-state movement of children and youth is analyzed. As a result, it was determined that not every participant in public relations, endowed with the powers of a recipient of budgetary funds, meets the characteristics of an official, which excludes the possibility of applying Article 2851 of the Criminal Code of the Russian Federation "Inappropriate expenditure of budgetary funds" in relation to him. The options for getting out of this situation are presented.
Keywords:
participant in the budget process, special subject, abuse of power, budget, misappropriation, budget resources, official, recipient of budgetary funds, subject of crime, social movements
Conflict: tools of stabilization
Reference:
Ahmadov E.M. —
The OSCE system of peaceful settlement of disputes: international legal issues
// Law and Politics.
– 2023. – № 8.
– P. 38 - 58.
DOI: 10.7256/2454-0706.2023.8.43981 EDN: YEMNLD URL: https://en.nbpublish.com/library_read_article.php?id=43981
Abstract:
The subject and purpose. The subject of this study is the international legal norms regulating the activities of the OSCE in the field of peaceful settlement of disputes. The purpose of the study is to identify the international legal reasons for the low effectiveness of the OSCE's activities for the peaceful settlement of disputes. Materials and methods. The study was conducted on the basis of: the main documents and decisions of the OSCE decision-making bodies; Russian and foreign legal literature, which highlights the issues of the research topic; as well as materials from news sites, especially materials from the official OSCE website. In the course of the research, such general scientific methods as analysis, synthesis, inductive method, system method and historical method were used, as well as such special methods of legal science as the formal legal method, the method of comparative legal analysis and the method of legal experimentation. Scientific novelty. The reasons why the OSCE participating States do not turn to the elements of this system to settle their disputes, for example, to resolve conflicts in Abkhazia, Transnistria, etc., were identified. A number of proposals were put forward to improve and optimize the OSCE's activities for the peaceful settlement of modern international conflicts. Discussion and conclusions. Despite the significant achievements of the OSCE in the peaceful settlement of conflicts, it can be argued that today the OSCE is becoming weaker, losing the successes achieved in the 1990s thanks to the efforts of leading politicians and international lawyers.
Keywords:
peacekeeping, OSCE mediation, consensus, Conciliation Commission, Valletta Mechanism, Stockholm Meeting, intrastate disputes, conflict, Helsinki Final Act, peaceful settlement of disputes
State institutions and legal systems
Reference:
Korobko K.I. —
Contents of the concept of legal regulation of relations in the provision of paid medical services
// Law and Politics.
– 2023. – № 8.
– P. 59 - 67.
DOI: 10.7256/2454-0706.2023.8.44059 EDN: XVTXVG URL: https://en.nbpublish.com/library_read_article.php?id=44059
Abstract:
The article presents the main provisions of the author's concept of legal regulation of relations in the provision of paid medical services. The content of the basic elements of this concept is revealed, among which the central place is occupied by the mechanism of legal regulation of relations in the provision of paid medical services. The author has identified a system of legal goals in the mechanism of legal regulation of relations in the provision of paid medical services, formed a general idea of the system of legal means in this mechanism, and analyzed their implementation in legal activities. The purpose of the work is to highlight the main provisions of the author’s concept of legal regulation of relations in the provision of paid medical services. Scientific results were obtained on the basis of a set of scientific and methodological approaches: categorical, conceptual, instrumental, systemic, axiological. On a theoretical and methodological basis, the author studied the mechanism of legal regulation of the relations under consideration. The optimal combination of private law and public law means in the mechanism of legal regulation of relations for the provision of paid services was identified; these means were studied in the activity aspect and assessed from the point of view of their achievement of the legal goals of this mechanism. The concept developed by the author has a high scientific and practical significance and helps to improve the legal regulation of relations in the provision of paid medical services to ensure the preservation and strengthening of people’s health, the prevention and treatment of diseases based on the coordination of multidirectional legal goals of the participants in these relations.
Keywords:
methodology, entrepreneurial activity, medical activities, legal activity, legal means, legal purposes, public relations, legal regulation mechanism, paid medical services, legal regulator