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No. 11, March 2018

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№ 11, март 2018

Table of Contests                   
                       

 

  Ryzhkova Yekaterina

Sergeyevna

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On Election or Appointment of Heads of Municipalities

     Abstract        
  In this scientific article the issue of elections, in other words the appointment of heads of municipalities, is considered. The reasons for this innovation are disassembled and a professional assessment of this phenomenon in the Russian Federation is given. In addition, a comparative analysis on this topic was carried out. Moreover, the authors’ objective views on such problems of elections as follows: the appointment of heads of municipal entities, a brief description of the various procedures and the procedure for electing the heads of municipal entities were noted. Besides, election in municipal elections, in conjunction with another position — the head of the local administration, which allows to strengthen the relationship of voters with local government, as well as concentration in the hands of the head a large amount of authority, were shown as well. The election of a representative body of a municipal formation from its membership - the head of the municipal formation, then, as the head of the local administration is appointed by the representative body for the competition was introduced. That means the head of the municipal formation is only a nominal figure. Moreover, the special attention in this article is given to the: head of the municipal formation in the Krasnodar Krai, the order, features and significant changes, such as the cancellation of direct elections, in this connection, the emergence of citizens’ initiative in holding a referendum on this issue, and the introduction of direct elections back.
 

 

Key Words: elections of heads of municipalities, direct elections, appointment of heads of municipalities.

 

        Abstract           

 

Block Yuriy

Aleksandrovich, 

Zvyagintseva Darya

Vladimirovna, 

Kudryakova Olga

Valerianovna 

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The Issues of Normative Legal Regulation During the Leaders of Russia Contest

 

The article deals with the issues of regulatory of the All-Russian competition Leaders of Russia and focuses on compliance with the rules of legal technology in preparation for the its Regulations. This project is one of the pilot on the formation of the country’s the most professional staff reserve and provides opportunities for raising the potential of the best ones. When carrying out some large-scale projects, special attention is paid to the preparation of normative acts that determine the procedure for holding such events. The better quality of the preparation work has done, the more successful the event will be. In accordance with the requirements for various kinds of organisational and administrative documents, the Regulations are an organisational document created during the holding of various competitions, reviews and other events, on which the results are summarised and the winners are identified. The desire of interested persons to participate in it depends on how clear and transparent the goals and final results are. In this regard, it should be noted that the Regulations require some additions and clarifications in terms of legal techniques.   

 

 

Key words:  state administration, competition, participants, participation in the tender, normative legal acts, summing up

 

 

 

 

Gavrik Anastasiya

Yevgenyevna, 

Ochakovskiy Viktor

Aleksandrovich

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Studying of the Institution of Self-Employed Citizens in the Russian Federation

         Abstract    
  In this article the author considers and analyses the Institute for self-employed citizens in the Russian Federation. This issue has not found proper anchorage at the legislative level. When considering the nature of self-employment, the analysis of approaches to definition of the category "self-employed"in the Russian law and the norms of the current legislation had revealed a number of negative aspects that require timely legal resolution. The definition of the status of self-employed people is important mainly from the point of view of repetitive enforcement of the current legislation. This study allows to conclude that the institution of self-employment in the Russian Federation has no proper legal regulation, it is necessary to note the complete lack of regulated legal status of this category of citizens. The author of the article the decision of these problems he sees in the institutionalization of the concept of the self-employed, the definition of a provisional list of types of activities and in fixing the legal status of such entities in the civil law of Russia.
 

 

Key words: social security, self-employed citizens, self-employment, individual entrepreneur.

 

        Abstract           

Golovkina Anastasiya

Igorevna

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Analysis of the Effectiveness of Strategic Management in Times of Crisis

The threat of another global economic crisis remains relevant today. The Russian economy, one way or another, will be affected by the serious impact of the crisis, so the management of any enterprise needs to ensure a high level of strategic crisis management in order to respond in a timely manner to emerging crisis situations in companies that are somehow connected with the crisis. One of the main tasks for an enterprise in crisis conditions is the choice of an optimal and competent strategy that will provide the enterprise the opportunity not only to stay afloat, but also to achieve the possible development of business. The main objective of strategic planning at the enterprise is to collect and analyse information on the final or intermediate results, to determine the changes and the current state of the enterprise, to assess the benefits and costs, to identify areas for future improvement and development of the enterprise, and then use these data for solving specific problems. The article considers the essence of strategic management and strategic planning and their importance for the organization in a crisis situation. The main models of behaviour in the event of a crisis occur, as well as options for an anti-crisis marketing strategy and the characteristics of organizations suitable for specific strategies.   

 

 

Key words: strategic management, crisis, crisis management, enterprise strategy

 

 

 

 

Golovkina Anastasiya

Igorevna 

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Making Investment Decisions in Times of Crisis

     Abstract        
  Any investment of capital is the result of making a certain decision, in this case an investment decision, which is accompanied by specific uncertainties. In these conditions, regular research is of particular importance in order to assess the investment attractiveness in the country and its regions: an integral indicator of the socio-economic and political situation, the level of development of the economy and infrastructure. The quantitative expression of the investment attractiveness state is the investment risks reflecting the probability of losing funds invested in the economy, due to various social, political, economic reasons. One of the main tasks for the organization in crisis condition is the problem of effective investment planning in order to increase the level of financial stability and solvency. This article considers the concepts of "investment activity"and "investment decision"and their significance for the organization in a crisis situation. Also, an algorithm for making decisions about investing in a crisis enterprise is presented, and a visual diagram of making investment decisions is given.
 

 

Key Words: anti-crisis management, investment decision, investment planning, investment activity, crisis

 

        Abstract           

Domnich Kseniya

Olegovna

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Self-Regulatory Organisations in the Field of Construction 

With the development of market relations in investment construction activity, the law enforcement function of the state in this branch of the economy is decreasing. The state transfers the authority to issue construction permits to self-regulating organisations. The introduction of the institution of self-regulation contributed to the elimination of ineffective control over the construction industry by the state and unnecessary administrative barriers to entry into the construction market. The author considers it necessary to unite self-regulating organisations in the field of construction, preparation of project documentation and exploration into a single complex, since the present existence of these structures of self-regulating organisations can lead to monopolisation of each stage of construction activity. The author proposes to legislate the concept of a selfregulating organisation in the field of construction in the town-planning code of the Russian Federation. To state it in the following interpretation: The SRO in the field of construction is a non-profit organisation that is created on the basis of the membership of individual entrepreneurs and legal entities that carry out activities to organise and ensure construction, construction activities in order to provide control function for the legitimate and conscientious fulfilment of their duties by participants, protection of their rights and protected interests, performance of other functions stipulated by the townplanning legislation   

 

 

Key words:  self-regulating organisation, construction, engineering surveys, project documentation.

 

 

 

 

 

Zubareva Anastasiya

Andreyevna, 

Shchukina Alevtina

Viktorovna, 

Latysheva Anna

Ivanovna

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Liberalisation of Prices and Implications for the New Economy

         Abstract    
  The given research work sanctifies the issues of pricing, their fluctuations and the transition to free prices. The key point of all these processes was price liberalisation at the end of the last century. The exemption from state regulation of prices during monopolisation of sales markets led to a sharp jump in 1992. Monetary savings of the population were impaired, the standard of living sharply decreased, social insecurity increased. Ill-considered use of the recommendations of the monetarists without taking into account the peculiarities of the Russian economy has led the country to a deep crisis. Liberalisation was manifested in the monopoly mechanism of pricing, price growth was ahead of the increase in incomes, which led to a reduction in demand, to a reduction in production. There was a imbalance in the commodity market. Free prices have had a devastating effect on the defence industry. Not regulated prices hurt the farms of the village. The price index for fuel and energy products was high, as these resources were understated relative to the world level. The saddest thing was that the market mechanism did not turn on. The rise in prices did not stimulate an increase in production. The consequences for the entire economy were catastrophic. Digital technologies pose new challenges to the economy.
 

 

Key words: price liberalisation, rising prices, the increase in income tax, decline in effective demand, new economy, digital technology.

 

        Abstract           

Latypova Valeriya

Revalyevna, 

Chernov Yuriy Ivanovich 

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On the Issue of Administrative Responsibility for Violation of the Bank Law

This article is devoted to studying of current problems of administrative responsibility for violation of the bank law. The author carries out the comparative analysis of the measures of responsibility provided by the Code of the Russian Federation about administrative offences and the Federal Law of the Russian Federation "About the Central Bank of Russian Federation"which allows to state contradictory and uncoordinated character of the legislation in a number of aspects, including legal regulation of penalties for violations by credit institutions of standards and other mandatory requirements of the Central Bank of the Russian Federation. There are fundamental differences regarding imposing of penalties against credit institutions for violation by them of instructions and other mandatory requirements of the Central Bank of the Russian Federation about which it is told in this article. At the same time it is important to understand that the solution of problems which arise in the bank sphere can be reached by introduction of amendments to the Law on the Bank of Russia, directed to an exception of the specified statutory act of norms on responsibility of credit institutions and their transferring to the Code of the Russian Federation on Administrative Offences as it is the only and lawful source of norms on administrative responsibility for violation of the bank law.   

 

 

Key words: bank law, administrative responsibility, credit institutions, Central Bank of Russian Federation, financial and credit system.

 

 

 

 

Ochakovskiy Viktor

Aleksandrovich, 

Papoyan Anna

Ashotovna, 

Salova Kseniya

Olegovna

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On Cancellation of Licences by the Central Bank of Russia
           Abstract  
  In this scientific work, the authors considered the problem of liquidation a large number of banks in the Russian Federation. A legal analysis of the situation that has developed by 2017 in the banking system was conducted. The reasons for licences cancellation from credit institutions in accordance to the Russian Federation legislation, as well as the grounds for licences cancellation, in addition to offenses in the banking, have been revealed. We consider offenses that are directly relates to the licences cancellation from credit institutions. The author’s position in relation to the banks liquidation and cancellation of licences is shown, as well as his opinion on the needed number of banks. In this article, the authors’ opinion is expressed on the necessary number of banks in the Russian Federation. The authors proposed ways to resolve the current situation in the banking sector, and there is also a positive tendency in reducing the number of banks after the licences are withdrawn by the Central Bank of the Russian Federation. Amendments to the Federal Law “On Banks and Banking Activities” are being considered, where new types of bank licences such as universal and basic are revealed:. Details of these types of licences and their content are considered thoroughly. The consequences of withdrawal of licences from banks and other financial organizations by the Central Bank of the Russian Federation are indicated
 

 

Key words: the Central Bank of the Russian Federation, liquidation, law.

 

        Abstract           

Ochakovskiy Viktor

Aleksandrovich, 

Petrosyan Armine

Garnikovna

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Administrative Responsibility of Credit Institutions for Violations in the Field of Banking Activities

Due to the dynamic development of market relations inevitably increases the number of administrative offences in the sphere of economy. Mostly the subjects of these offences are legal entities, of which a large part relates to credit institutions occupy an important place in the economy of each country. On the background of established financial instability from the legitimate activities of credit institutions depends on the reliability of deposits of individuals and legal entities, as well as the accuracy of execution of credit obligations. In such a situation, the most important source of sustainable development is a normative framework. Due to the importance of an objective normative framework, the authors of this article explores certain contradictions administrative liability of the credit institution in the field of banking for violations stipulated by the current legislation. The authors discuss the problems in the framework of the “banking” administrative liability for the offence, and provides a legal comparison in V. 15.26 of the administrative code and the Federal law of July 10, 2002 No. 86-FZ “On the Central Bank of the Russian Federation (Bank of Russia)” to identify certain collision standards. Reveals the principle of immediacy in the proceedings on cases of administrative offences in the sphere of banking activities.   

 

 

Key words: credit organisation, administrative responsibility, liability classification of credit institutions, the administrative responsibility of credit institutions, the legal conflict of administrative responsibility, the principle of efficiency.

 

 

 

 

Adzhimagomedova

Sarat Kurashevna,

Ammalaimiyeva Galimat

Abdulkhalikovna,

Ochakovskiy Viktor

Aleksandrovich

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Development Strategy of the Credit Bureau Market
           Absract  
  In this article, possible directions and activities related to the development of the credit bureau (CB) market are considered. In 2005, Federal Law No. 218-FZ of December 30, 2004 was adopted, but for 12 years of its operation, it did not introduce any significant changes that would regulate all aspects of the CB’s operational model. In this regard, the Bank of Russia sees its goal to increase the growth of consumer lending as a result of increased accessibility, accuracy and quality of the data provided by CB to financial institutions for assessing the solvency of borrowers; expansion of the provided services of the credit bureau; a decrease in the lending of citizens, that is, the inadmissibility of exceeding the degree of debt over incomes, which lead to the inability to timely repay their debts. Achievement of the set goals provides for changing the landscape of the credit history bureau market, including restructuring the structure of credit bureaus, improving the information and technological infrastructure of the CB, in order to ensure a legally meaningful exchange of information, taking into account the requirements for securing personal data. This article also discusses the solutions to these problems, taking into account the international experience and the established practice of the domestic credit bureaus
 

 

Key words: central catalogue of credit histories, credit bureau, consolidated group, lender, borrower, credit history, credit institutions.

 

        Abstract           

Pavlenko Vladislav

Sergeyevichh

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Marriage Contract as a Means of Regulation of Property Relations Between Spouses

One of the methods of legal regulation of property relations of spouses is the marriage contract, which is an agreement of persons entering into marriage, or spouses, the content of which determines the property rights and duties of spouses, both in marriage and in the event of its dissolution. The conclusion of the marriage contract should be of interest to the spouse-entrepreneur who wishes to protect his share (shares) in the corporation or for persons who have a high property status at the time of marriage and are intended to make large property investments. Theoretical and legislative interpretation of the institution of the marriage contract is due to the ambiguity and inconsistency. This institution of family law in Russia is not very popular, unlike the countries of the European Union. The author comes to the conclusion that the marriage contract provides an opportunity to take into account the property interests of each of the spouses, which, in turn, not only helps to reduce disputes in the sharing of jointly acquired property, but also allows to divide the property while maintaining family relations. The main purpose of its legal consolidation is the regulation of the property relations of the spouses..   

 

 

Key words: marriage contract, legal regime of spouses’ property.

 

 

 

 

Petrov Aleksandr

Dmitriyevich, 

Shapovalov Anatoliy

Vyacheslavovich 

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Legal Aspects of Civil Marriage in Russia
           Abstract  
  The presented article fully reveals the topic, which holds the actual and problematic, at present, the question of such phenomenon as de facto marriage. In this paper, we show how many different negative consequences can stand behind a formal marriage. For the purpose of confirmation of the stated position statistical data in different periods of development of our state are provided as an example. The article also touches upon the attitude of the state to this issue. It can be seen that both the Soviet Union and modern Russia are trying to support the institution of the family in every possible way and are doing so not only by issuing special legal acts, but also by introducing special benefits and subsidies. However, actual marriage is gradually becoming the norm in our world, this phenomenon is quite common among the younger generation and today the main task of both society and the state is to minimize the popularity of this form of cohabitation, as it inevitably leads not only to the destruction of the standard shape of the family, but also develops irresponsibility, dishonor and polygamy, not to mention the legal insecurity of a child born in such a cohabitation..
 

 

Key Words: marriage, cohabitation, unregistered relations, family, society, actual residence, legislation, social institution.

 

        Abstract           

  Petrosyan Anna

Arytyunovna, 

Chernov Yuriy

Ivanovich

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Administrative Legal Status of Registry Offices

The task of this article is to disclose the administrative and legal status of the registry agencies. Identified and analysed the main tasks of this body, as well as the purposes of its creation in the text. The role of civil registration bodies of modern Russia has been clarified, as it turned out, any of us even imagine what important role this body plays in the life of every citizen. After all, through that structure we are fully endowed with a set of rights and duties that every citizen residing in a state of law must possess. On the basis of the information provided, a brief overview of the most significant problems in the activities of the registry offices is made. These problems encompass not only regulatory legal regulation, but also personnel policy, as as the introduction of new technologies, which are increasingly replacing the former way of doing business or other government structures. Besides, in the article the main regulatory agency which regulates the activities of this body, its structure and methods of conducting activities is presented. Having reviewed the activities of this body in all administrative and legal aspects, the authors have come to the conclusion that this system is far from ideal, therefore, some ways of solving some of the most significant problems were suggested.   

 

 

Key words:  civil registry offices, legal status, legal capacity, civil status.

 

 

 

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