Name
Usenko Anatoly Sergeevich
Scholastic degree
—
Academic rank
—
Honorary rank
—
Organization, job position
Kuban State Agrarian University
Web site url
—
—
Articles count: 7
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
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
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
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
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
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
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