Scientific Journal of KubSAU

Polythematic online scientific journal
of Kuban State Agrarian University
ISSN 1990-4665
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Name

Usenko Anatoly Sergeevich

Scholastic degree

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Academic rank

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Honorary rank

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Organization, job position

Kuban State Agrarian University
   

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Articles count: 7

147 kb

INVESTMENT ACTIVITY OF NON-STATE FOUNDS OF RUSSIA

abstract 1181604019 issue 118 pp. 364 – 375 29.04.2016 ru 1735
Currently, pension by virtue of their social significance in favor of one of the main socially important guarantee of stable development of society, to ensure the financial and budgetary sphere of the state. Private pension founds are viewed as an instrument to raise the material well-being of pensioners. The social significance of non-state pension funds is to involve the population in the sphere of voluntary pension insurance. The author analyzed the role of non-state pension funds in acting to pension system. The article subjected to a detailed analysis of the norms of a number of Federal laws, fixing the investment activity of non-state pension found. The author concludes that there is a need to improve existing legislation on investment activity of non-state pension found. As well, the authors indicated some legal problems that occur in practice arising from owners of the investment portfolio. The authors have analyzed the performance of pension funds and formed an opinion about the state of the whole system. Following consideration of the practical problems has been offered for both theoretical and practical ways to address them in order to prevent violation
151 kb

LEGAL ANALISYSIS OF SOCIAL SECURITY LAW IN RUSSIAN FEDERATION AND THE FEDERAL REPUBLIC OF GERMANY

abstract 1141510023 issue 114 pp. 313 – 325 30.12.2015 ru 1243
The authors analyze the issues of the legal and economic problems of social security governmental regulation in the Russian Federation. In order to identify and subsequently find theoretical and practical resolution of conflicts and flaws in the domestic social security law, the authors propose to analyze the social institutions of the Russia and to match them with the existing social institutions of the Federal Republic of Germany in view of their historical closeness, belonging to one family of law, and the similarity of the legal foundations of the constitutional system. Comparative analysis of various aspects of life quality according to Russian and German data, which was examined above, leads to the conclusion that the primary task in this country is to restore revenues and stimulate the population’s solvency. The study of the social security issues led to the conclusion that the state social insurance is intended to replace the income lost due to certain events such as unemployment, illness, disability, old age, accident-at-work insurance. The authors conclude that there is need to improve the current Russian pension legislation, social security and social legal guarantees
131 kb

LEGAL NATURE OF CORPORATE AGREEMENT IN THE RUSSIAN LAW

abstract 1181604021 issue 118 pp. 386 – 396 29.04.2016 ru 670
Legal consolidation of the corporate agreement institution in the Civil Code of the Russian Federation allowed the participants of business companies to implement and manage corporate rights in accordance with this agreement. However, reception of the institution and the lack of uniform court practice gave rise to many doctrinal disputes about the legal nature of the contract. The article presents the opinions of scientists on the issue of what rules of areas of law regulate the corporate agreement, whether it is separate or complex legal institution. The authors consider that the corporate agreement is governed exclusively by the rules of civil law. The corporate agreement is not a contract or an obligation in the traditional sense, however, it should be subjected to the general rules of obligations and contract law The corporate agreement has features of the unnamed contract, but despite this, it should be recognized as an independent civil law named contract. It is needed to ensure that, in addition to the general rules of the Obligations and Contracts, the rules of a treaty on the rights of participants of the limited liability and stockholders' agreement are applied to the corporate agreement
158 kb

MODERN MIGRATION POLICY OF RUSSIA

abstract 1031409070 issue 103 pp. 1029 – 1044 30.11.2014 ru 1436
Several peculiarities of the implementation of migration policy in the Russian Federation were considered in this article. We have shown main provisions on refugees and forced migrants from the Ukraine and labor migration. On the basis of the study we have suggested an improvement of migration legislation, in particular, creation of a single codex and migration police
126 kb

ON QUESTION OF ESTABLISHING THE TAX OF INTERNET-SHOPPING IN RUSSIA

abstract 1181604020 issue 118 pp. 376 – 385 29.04.2016 ru 541
Currently, there is a topical question of legal consolidation in the tax and the customs legislations of the fee for goods purchased from a foreign company through a transaction concluded by the information and telecommunications network "Internet". According to the legislator, such innovations will limit the spillover of online orders to the neighboring states with a high threshold for duty-free shipping, which will strengthen the domestic e-commerce market. The authors believe that the consolidation of the institution in the national legislation would contradict the general provisions of tax legislation. The authors believe that such measures will increase the number of sham and mock transactions and reduce import turnover. The proposed projects of the European Economic Commission of the European Economic Union on the Internet fees in their structure are poorly written, in particular, they lack the concept of internet purchase, there is no resolution of the issue of the relationship between the collection and the value added tax.The authors come to the conclusion that these projects should to be completed, in particular, it is proposed to supplement the provisions of domestic legislation, delimiting the object of taxation the value added tax on the object of taxation for cross-border fee to be paid for an online purchase. Their immediate implementation without significant changes will not create a proper mechanism for the implementation of this institution, and generate a lot of conflict situations
137 kb

THE NOTION AND LEGAL REGULATION OF E-COMMERCE

abstract 1111507040 issue 111 pp. 708 – 720 30.09.2015 ru 1040
More and more goods are sold by the means of the Internet and other information and telecommunication networks from year to year. Despite the common practice to sale goods on websites, a general idea of ecommerce is not formed in the modern legal science and the current legislation, the notion ‘electronic commerce’ itself is missing. The presence of multiple gaps in the law and the growing number of disputes have served as a reason for writing this article which touches the issue of studying e-commerce as one of the kinds of business activity. The article describes scientific approaches to the definition of the notion ‘electronic commerce’, the problem the e-commerce object is raised, the notion ‘electronic transaction’, general provisions of transactions, performed by the means of information and telecommunication networks, are analyzed. The authors have paid attention to the practice of concluding contracts by the means of Internet resources, have noted the problem of the correlation between the content information posted on the website and the browse-wrap agreement. The authors consider necessary to legalize of the notion ‘electronic commerce’, to determine legislatively its parties and the rules of implementation. Systematization of the provisions on electronic commerce can be realized within the scope of a separate federal law 'On the Rules of Ecommerce.' Such measures will be able not only to bring the current pattern of Russian business nearer to the international standards, but also to raise it to a new level
158 kb

THE PROCEDURE FOR THE PROVISION OF HOUSING FOR REFUGEES AND DISPLACED PERSONS

abstract 1181604022 issue 118 pp. 397 – 411 29.04.2016 ru 558
The article touches the problem of studying the procedure of granting housing to refugees and IDPs (internally displaced persons) as well as their family members. The procedure of granting housing to refugees and IDPs is a very important process, being one of the general stages of the modern border policy of Russian Federation. The Standards of Housing Code and Code of Federal Regulations, which secure legal status of these categories of citizens, are analyzed In this article. The authors analyze criteria of giving the refugee or IDP status to a citizen, the procedure and conditions of providing housing to these categories of citizens. Based on the studies, the revision of the Standards of Housing Code, particularly, the expansion and supplement to the notion «accommodation» is offered, also it is offered to combine the general regulations on the procedure of providing accommodations to the refugees and IPDs. It is also substantiated in the article that there is need to amend the notion of specialized housing fond. The authors consider reasonable to clarify what are the other accommodations of different status that can be provided to refugees, IDPs, and their family members. The proposed changes in housing legislation will let us simplify and adjust the mechanism for implementing the housing regulations in legal relationships in providing housing for refugees, internally displaced persons and their families
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